TERMS AND CONDITIONS OF PARTICIPATION AND USE
© 2020 NDIYO LLC. All rights reserved.
PLEASE READ CAREFULLY THE FOLLOWING TERMS AND CONDITIONS FOR YOUR PARTICIPATION AND USE OF OUR WEBSITE AND PROGRAM.
Ndiyo LLC, a Wyoming limited liability company (referred to as “we”, “us” “our”), owns and/or is providing videos and other instructional materials and content (all referred to as our “Program”) for aerial movement/yoga/fitness/arts (“Aerial Yoga”) on our website, https://ndiyoaerials.com (our “Website”).
These Terms and Conditions of Participation that you are agreeing to expressly benefit Ndiyo LLC and its owners, members, shareholders, officers, employees, joint venture partners, instructors, creators, distributors, independent contractors aﬃliates, agents, contractors, successors, assigns, transferees, and licensees (the “Ndiyo Parties”).
Our agreement to allow your access to our Website and your participation in our Program is strictly subject to your agreement to be legally bound by the terms herein, on behalf of yourself, and your spouse, your children, your parents, your heirs, your beneficiaries, and your estate (all such parties being referred to as “you” or “your”).
You hereby accept and agree to be bound by these terms prior to your use of our Website and participation in our Program.
1. Your Acceptance of our Terms and Conditions of Use
This Agreement sets forth legally binding terms for your use of our Program on our Website. By using our Program and/or our Website, you agree to be bound by this Agreement, whether you are a “Visitor” (which means that you simply browse our Website) or you are a “Member” (which means that you have registered on our Website as a user). If you do not accept the terms of this Agreement, you should leave our Website and discontinue use of our Program immediately. We may modify this Agreement from time to time, and such modiﬁcation shall be eﬀective upon its posting on our Website. You agree to be bound by any modiﬁcation to this Agreement when you use our Website after any such modiﬁcation is posted; it is, therefore, important that you review this Agreement regularly.
2. General Registration Requirements
If you wish to become a Member, communicate with other Members, and otherwise make use of our Program, you must read this Agreement and indicate your acceptance during the registration process. In consideration of your use of our Program, 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 true, accurate, current and complete information about yourself as prompted by the registration form available on our Website (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, we reserve the right to suspend or terminate your account and refuse any and all current or future use of our Program at any time. Use of our Program and membership on our Website is void where prohibited. Content on the Website 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 Ndiyo LLC. We reserve all rights not expressly granted in and to the Website and the Program. You may access the Website and Program as available: for your information and personal use; as intended through the normal functionality of the Program; and for Streaming, “Streaming” or “Stream” means a contemporaneous digital transmission of an audiovisual work via the Internet from the Website to a user’s device in such a manner that the data is intended for real-time viewing and not intended to be copied, stored, permanently downloaded, or redistributed by the user. Accessing the Website or the Program for any purpose or in any manner other than Streaming is expressly prohibited.
3. DISCLAIMER AND YOUR ASSUMPTION OF RISK.
WARNING: There are inherent, serious risks in participating in the activities included in our Program. You acknowledge that you have read and agreed to the terms below, and that you assume all risk, as explained below.
Aerial Yoga and Aerial Fitness is an inherently dangerous activity with risk of serious bodily injury, permanent disability, paralysis, and death. Such risks are known and unknown, anticipated and unanticipated, and can occur either from your correct or incorrect bodily movements and/or your correct use or misuse of Aerial Equipment. Therefore, your use of our Program is solely at your own risk. Our Program is not intended for people new to Aerial Yoga. Our Program is intended only for people who have been trained in person by a professional Aerial Yoga instructor, are competent to practice Aerial Yoga on their own, and have professionally and correctly installed and maintained Aerial Equipment.
Our Program involves rigorous exercise. Children under the age of 18 should NOT participate in Aerial Yoga. Always seek the advice of a qualiﬁed health professional before starting or changing any exercise program, especially one involving inverting your body and going into positions that can cause pressure on certain areas of the body. This is particularly important if you are pregnant or nursing, have cardiovascular disorders, eye diseases or infections, spinal injuries, regularly taking medications, or have any medical conditions. Immediately stop practicing Aerial Yoga if you are experiencing any negative physical effects, however minor, and immediately seek medical attention or advice. This Website is not intended to provide medical advice or make medical diagnoses. If you are at all unsure if an exercise identiﬁed on our Website or in any of our materials is safe for you, do NOT participate until you have consulted with your physician.
The Ndiyo Parties are not responsible for the safety of your Aerial Equipment. Rigging aerial equipment - for example, the setup of the fabric, hardware, software, and rigging apparatuses (“Aerial Equipment”), must be completed by a licensed contractor who is a professional aerial equipment rigger, and the equipment must be maintained and replaced when worn or defective. Aerial Yoga is incredibly dangerous, and faulty equipment, or accidents using correctly installed equipment, can result in permanent and serious bodily harm or death. The rigging needs to be able to support your static and dynamic movement and the space around you should be clear of any objects.
The Ndiyo Parties are not responsible for any physical injury, death or property damage arising directly or indirectly as a result of your use of our Program. BY PARTICIPATING IN OUR PROGRAM, YOU HEREBY AGREE TO WAIVE ANY AND ALL CLAIMS THAT YOU (INCLUDING YOURSELF, YOUR SPOUSE, YOUR CHILDREN, YOUR PARENTS, YOUR HEIRS, YOUR BENEFICIARIES, AND YOUR ESTATE) MAY HAVE AT ANY TIME AGAINST US OR AGAINST ANY NDIYO PARTY FOR ANY REASON WHATSOEVER, INCLUDING ANY CLAIMS OF NEGLIGENCE, GROSS NEGLIGENCE OR FAILURE TO ACT BY US OR ANY NDIYO PARTY, EXCEPT AS EXPRESSLY PROHIBITED BY LAW.
BY REMAINING ON OUR WEBSITE AND/OR ACCESSING AND/OR USING OUR PROGRAM, YOU ACKNOWLEDGE THAT YOU UNDERSTAND, ACCEPT AND AGREE TO THESE TERMS. YOU EXPRESSLY AGREE TO ACCEPT AND ASSUME ALL KNOWN AND UNKNOWN RISKS OF PARTICIPATING IN THE PROGRAM. YOUR PARTICIPATION IN THE PROGRAM IS TOTALLY VOLUNTARY, AND YOU ELECT TO PARTICIPATE IN SPITE OF THE RISKS.
4. YOUR INDEMNIFICATION OF NDIYO PARTIES.
You agree at all times to defend, indemnify and hold harmless the Ndiyo Parties from and against any and all claims, causes of action, damages, liabilities, costs and expenses, including legal fees and expenses, arising out of or related to your use of our Website and/or our Program, or your breach of any obligation, warranty, representation or covenant set forth in these Terms and Conditions or in any other agreement with us.
5. LIMITATION ON OUR LIABILITY.
We will not be held responsible or liable in any way for the information, products or materials that you request or receive through or on our Website or our Program. We do not assume liability for accidents, delays, injuries, harm, loss, damage, death, lost proﬁts, personal or business interruptions, misapplication of information, physical or mental disease, condition or issue, or otherwise, due to any act or default of anyone or any business, whether owners, staﬀ, agents, joint venture partners, contractors, vendors, aﬃliates or otherwise, aﬃliated with us. We do not assume liability for any owners, staﬀ, agents, joint venture partners, contractors, vendors, aﬃliates or otherwise who is engaged in rendering our Program or in any way or in any location. In the event that you use our Program or any other information provided by us or aﬃliated with us, we assume no responsibility.
6. YOUR RELEASE OF CLAIMS.
In no event will we be liable to any party for any type of direct, indirect, special, incidental, equitable or consequential damages for any use of or reliance on our Program or on those aﬃliated with us in any way, and you hereby release us from any and all claims; including, without limitation, those related to lost proﬁts, personal or business interruptions, personal injuries, accidents, misapplication of information, or any other loss, physical or mental disease, condition or issue, or otherwise, even if we are expressly advised of the possibility of such damages or diﬃculties.
7. Governing Law and Venue.
This Agreement shall be governed by the laws of the State of Wyoming, without respect to its conﬂict of laws principles. Any claim or dispute between you and Ndiyo LLC that arises in whole or in part from the Website or the Program shall be decided exclusively by a court of competent jurisdiction located in Teton County, Wyoming. You agree that: (i) the Website shall be deemed solely based in Wyoming; and (ii) the Ndiyo LLC Website shall be deemed a passive website that does not give rise to personal jurisdiction over Ndiyo LLC, either speciﬁc or general, in jurisdictions other than Wyoming. You further agree that any dispute between you and a Ndiyo Party shall first be submitted to non-binding arbitration in Teton County, Wyoming, prior to your filing of a lawsuit.