Terms of Use

Welcome to Beach Yoga Girl LLC. Please read these Terms of Use ("Site Terms") carefully before you start to use any of the products, services, content, and applications made available by or through kerriverna.com (collectively "Our Website"). By using Our Website, you accept and agree to be bound and abide by these Site Terms and by Our Privacy Policy, which is incorporated by reference into these Site Terms. Our Website is offered to users who are 18 years of age or older. By accessing or using Our Website, you represent and warrant that you are of legal age to form a binding contract with Us. If you do not meet this requirement, you must not access or use Our Website.

About Our Website

Our Website is owned by Beach Yoga Girl, LLC ("We", "Us", "Our" or "BYG"). Our Website provides content related to BYG, its products and services, yoga and wellness and allows user’s the opportunity to post comments, interact with other user generated content, and to access to a variety of courses, trainings and other products.

About The Site Terms

The Site Terms have the same effect as an agreement in writing and govern your use of Our Website. If you do not agree to the Site Terms, you must not use Our Website. We may modify the Site Terms at any time. Your continued use of Our Website after any such changes take effect constitutes your acceptance to such changes. Each time you visit or log into Our Website, you reaffirm your acceptance of the Site Terms. You are responsible for regularly reviewing the Site Terms. The Site Terms may be supplemented by additional terms and conditions applicable to specific areas of Our Website, or to particular content or transactions.

Disclaimer

Our Website and the content, products and services available on Our Website, including Our Courses (defined below), include information and instruction relating to yoga, physical fitness, diet, exercise, health, wellness and related topics (collectively, “Our Wellness Content”). You acknowledge and agree that the following warnings and disclaimers shall apply to all of Our Wellness Content:

Before participating in or using any Wellness Content, We strongly recommend that you consult with a physician or other healthcare professional. BYG and its staff are not physicians or healthcare professionals (“Professional Care Providers”) and have no expertise in advising on, diagnosing, examining, or treating medical or psychological conditions of any kind (“Conditions”), or in determining the effect of any specific action, activity, routine or program on any Condition. BYG and its staff are not rendering professional advice of any kind to you, including without limitation, medical, psychological, emotional, relationship or personal growth advice, counseling, therapy, treatment or coaching (“Professional Advice”). You acknowledge and agree that when participating in any yoga or exercise program or other activity or program described in Our Wellness Content, and/or when using any fitness products or products or services described or provided in or through Our Wellness Content, there is the possibility of severe and permanent physical injury or death, and you assume the risk and responsibility for that result. Our Wellness Content is not meant to be a substitute for Professional Advice from Your Professional Care Provider and We make no warranties, express or implied, as to the completeness, accuracy, or appropriateness for any purpose of any information or content contained in Our Wellness Content. You should never disregard medical or other Professional Advice or delay seeking it because of a statement contained in Our Wellness Content. If you experience any discomfort or pain during an activity while participating in in Our Wellness Content, you must immediately cease the activity and seek the assistance of a Professional Care Provider.

General Terms and Conditions

1. We May Discontinue or Suspend Our Website or Terminate Your Use: We reserve the right at any time and from time to time to modify or discontinue, temporarily or permanently, Our Website (or any part thereof) with or without notice. You agree that We shall not be liable to you or any third party for any such modification, suspension or discontinuance of Our Website or if for any reason all or any part of Our Website is unavailable at any time or for any period. In addition, we reserve the right to terminate your access to Our Website for any reason, and to take any other actions that We, in Our sole discretion, believe to be in the interest of Our company and of Our users as a whole with respect to access and use of Our Website.

2. Your Access to the Our Website and Prohibited Uses. To access Our Website or some of the resources it offers, you may be asked to provide certain registration details or other information. It is a condition of your use of Our Website that all the information you provide on Our Website is correct, current and complete. You agree that all information you provide to register with Our Website or otherwise, including but not limited to through the use of any interactive features on Our Website, is governed by Our Privacy Policy, and you consent to all actions we take with respect to your information consistent with Our Privacy Policy.

You may use Our Website only for lawful purposes and in accordance with these Site Terms. You agree not to use Our Website:

§ In any way that violates any applicable federal, state, local or international law or regulation (including, without limitation, any laws regarding the export of data or software to and from the US or other countries).

§ For the purpose of exploiting, harming or attempting to exploit or harm minors in any way by exposing them to inappropriate content, asking for personally identifiable information or otherwise.

§ To send, knowingly receive, upload, download, use or re-use any material which does not comply with the Content Standards specified in Section 3(c) below and any other content standards We may specify from time to time on Our Website.

§ To transmit, or procure the sending of, any advertising or promotional material without Our prior written consent, or any "junk mail", "chain letter" or "spam."

§ To impersonate or attempt to impersonate Us, any of Our employees or other service providers, another user or any other person or entity (including, without limitation, by using e-mail addresses or screen names associated with any of the foregoing).

§ To engage in any other conduct that restricts or inhibits anyone's use or enjoyment of Our Website, or which, as determined by us, may harm the Us or users of Our Website or expose them to liability.

Additionally, you agree not to:

§ Use Our Website in any manner that could disable, overburden, damage, or impair the site or interfere with any other party's use of the site, including their ability to engage in real time activities through Our Website.

§ Use any robot, spider or other automatic device, process or means to access Our Website for any purpose, including monitoring or copying any of the material on Our Website.

§ Use any manual process to monitor or copy any of the material on Our Website or for any other unauthorized purpose without Our prior written consent.

§ Use any device, software or routine that interferes with the proper working of Our Website.

§ Introduce any viruses, trojan horses, worms, logic bombs or other material which is malicious or technologically harmful.

§ Attempt to gain unauthorized access to, interfere with, damage or disrupt any parts of Our Website, the server on which Our Website is stored, or any server, computer or database connected to Our Website.

§ Attack Our Website via a denial-of-service attack or a distributed denial-of-service attack.

§ Otherwise attempt to interfere with the proper working of Our Website.

3. We Have All Rights In Our Website and Content; You Grant Us Certain Rights When You Submit Content to Us :

(a) Our Website (including all text, photographs, graphics, video and audio content contained on Our Website) is protected by copyright as a collective work or compilation under the copyright laws of the United States and other countries, and we (subject to the rights of Our licensors and licensees under applicable agreements, understandings and arrangements) have all rights therein. All individual articles, blogs, videos, content and other elements comprising Our Website are also copyrighted works, and we (subject to the rights of Our licensors and licensees under applicable agreements, understandings and arrangements) own or have all rights therein. You must abide by all additional copyright notices or restrictions contained on Our Website.

YOU MAY ACCESS AND USE OUR WEBSITE AND THE SERVICES OR MATERIALS AVAILABLE THROUGH OUR WEBSITE ONLY FOR YOUR PERSONAL, NON-COMMERCIAL PURPOSES. YOU MUST NOT COPY, REPRODUCE, DISTRIBUTE, MODIFY, CREATE DERIVATIVE WORKS OF, PUBLICLY DISPLAY, PUBLICLY PERFORM, REPUBLISH, BROADCAST, DOWNLOAD, STORE OR TRANSMIT ANY OF THE MATERIAL ON OUR WEBSITE, except as follows:

§ Your computer may temporarily store copies of such materials in RAM incidental to your accessing and viewing those materials.

§ You may store files that are automatically cached by your web browser for display enhancement purposes.

§ You may print or download one copy of a reasonable number of pages of Our Website for your own personal, non-commercial use and not for further reproduction, publication or distribution.

§ If We provide desktop, mobile or other applications or content for download, you may download a single copy to your computer or mobile device solely for your personal, non-commercial use, provided, that you agree to be bound by Our end user license agreement or additional terms applicable to such applications and content.

§ If We provide social media features with certain content, you make take such actions as are enabled by such features.

You must not:

§ Modify copies of any materials from Our Website.

§ Extract from Our Website any illustrations, photographs, video, audio, text or other elements, sequences or any graphics for use separately from Our Website or for incorporation into other content, in whole or in part.

§ Delete or alter any copyright, trademark or other proprietary rights notices from copies of materials from Our Website.

If you print, copy, modify, download or otherwise use or provide any other person with access to any part of Our Website in breach of these Site Terms, your right to use Our Website will cease immediately and you must, at Our option, return or destroy any copies of the materials you have made. No right, title or interest in or to Our Website or any content on Our Website is transferred to you, and all rights not expressly granted are reserved by Us. Any use of Our Website not expressly permitted by these Site Terms is a breach of these Site Terms and may violate copyright, trademark and other laws.


Our name and logo and all related names, logos, product and service names, designs and slogans are trademarks of BYG or its affiliates or licensors. You must not use such marks without Our prior written permission. All other names, logos, product and service names, designs and slogans on Our Website are the trademarks of their respective owners.

(b) By posting or submitting content on or to Our Website, you grant Us, and Our affiliates, agents and third party contractors a perpetual, worldwide, irrevocable, royalty free, nonexclusive and sublicensible right and license to display, broadcast or publish such content on Our Website, related sites and social media and in any affiliated publications, whether online, in print or via other media or technologies (either in the form submitted or in the form of a derivative or adapted work), to store such content, and to distribute such content and use such content in any lawful manner and for any lawful purpose, including commercial, promotional and marketing purposes. WE ARE NOT RESPONSIBLE FOR THE CONSEQUENCES OF YOUR SHARING OR POSTING ANY PERSONAL OR OTHER INFORMATION ON OUR WEBSITE. You may not post content intended to provide professional advice, including the provision of medical advice, or advertising of any kind.

(c) The following content standards apply you posts or submissions of content on or to Our Website. All of such posts and submissions must in their entirety comply with all applicable federal, state, local and international laws and regulations. Without limiting the foregoing, your posts and submissions on or to Our Website must not:

§ Contain any material which is defamatory, obscene, indecent, abusive, offensive, harassing, violent, hateful, inflammatory or otherwise objectionable.

§ Promote sexually explicit or pornographic material, violence, or discrimination based on race, sex, religion, nationality, disability, sexual orientation or age.

§ Infringe any patent, trademark, trade secret, copyright or other intellectual property or other rights of any other person.

§ Violate the legal rights (including the rights of publicity and privacy) of others or contain any material that could give rise to any civil or criminal liability under applicable laws or regulations or that otherwise may be in conflict with these Site Terms and Our Privacy Policy.

§ Be likely to deceive any person.

§ Promote any illegal activity, or advocate, promote or assist any unlawful act.

§ Cause annoyance, inconvenience or needless anxiety or be likely to upset, embarrass, alarm or annoy any other person.

§ Impersonate any person, or misrepresent your identity or affiliation with any person or organization.

§ Involve commercial activities or sales, such as contests, sweepstakes and other sales promotions, barter or advertising other than with Our express prior written permission.

§ Give the impression that they emanate from or are endorsed by us or any other person or entity, if this is not the case.

4. We are Not Responsible For and Do Not Necessarily Hold the Opinions Expressed by Our Third Party Content Contributors : Opinions and other statements expressed by users and third parties (e.g., bloggers or users who contribute content via any forum, response Q&A platform or otherwise on Our Website) are theirs alone, not opinions of Strala. Content created by third parties is the sole responsibility of the third parties and its accuracy and completeness are not endorsed or guaranteed.

5. Your Use of Our Website is Subject to Certain Disclaimers: OUR WEBSITE IS AVAILABLE “AS IS.” WE DO NOT WARRANT THAT OUR WEBSITE WILL BE UNINTERRUPTED OR ERROR-FREE. THERE MAY BE DELAYS, OMISSIONS, INTERRUPTIONS AND INACCURACIES IN THE NEWS, INFORMATION OR OTHER MATERIALS AVAILABLE THROUGH OUR WEBSITE. WE DO NOT MAKE ANY WARRANTIES, EXPRESS OR IMPLIED, INCLUDING, WITHOUT LIMITATION, THOSE OF MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE, WITH RESPECT TO OUR WEBSITE OR ANY INFORMATION OR GOODS THAT ARE AVAILABLE OR ADVERTISED OR SOLD THROUGH OUR WEBSITE. WE DO NOT MAKE ANY REPRESENTATIONS, NOR DO WE ENDORSE THE ACCURACY, COMPLETENESS, TIMELINESS OR RELIABILITY OF ANY ADVICE, OPINION, STATEMENT OR OTHER MATERIAL OR DATABASE DISPLAYED, UPLOADED OR DISTRIBUTED ON OUR WEBSITE OR AVAILABLE THROUGH LINKS ON OUR WEBSITE. WE RESERVE THE RIGHT TO CORRECT ANY ERRORS OR OMISSIONS ON OUR WEBSITE. ALTHOUGH WE INTEND TO TAKE REASONABLE STEPS TO PREVENT THE INTRODUCTION OF VIRUSES, WORMS, “TROJAN HORSES” OR OTHER DESTRUCTIVE MATERIALS TO OUR WEBSITE, WE DO NOT GUARANTEE OR WARRANT THAT OUR WEBSITE OR MATERIALS THAT MAY BE DOWNLOADED FROM OUR WEBSITE DO NOT CONTAIN SUCH DESTRUCTIVE FEATURES. WE ARE NOT LIABLE FOR ANY DAMAGES OR HARM ATTRIBUTABLE TO SUCH FEATURES. IF YOU RELY ON OUR WEBSITE AND ANY MATERIALS AVAILABLE THROUGH OUR WEBSITE, YOU DO SO SOLELY AT YOUR OWN RISK.

OUR WEBSITE MAY CONTAIN VARIOUS COMBINATIONS OF TEXT, IMAGES, AUDIOVISUAL PRODUCTIONS, OPINIONS, STATEMENTS, FACTS, ARTICLES OR OTHER INFORMATION CREATED BY US OR BY THIRD-PARTIES. DUE TO THE NUMBER OF SOURCES FROM WHICH CONTENT ON OUR WEBSITE IS OBTAINED, AND THE INHERENT HAZARDS OF ELECTRONIC DISTRIBUTION, THERE MAY BE DELAYS, OMISSIONS OR INACCURACIES IN SUCH CONTENT. ACCORDINGLY, SUCH CONTENT IS FOR YOUR REFERENCE ONLY AND SHOULD NOT BE RELIED UPON BY YOU FOR ANY PURPOSE. INFORMATION CREATED BY THIRD PARTIES THAT YOU MAY ACCESS ON OUR WEBSITE OR THROUGH LINKS IS NOT ADOPTED OR ENDORSED BY US AND REMAINS THE RESPONSIBILITY OF SUCH THIRD PARTIES. WE MAKE NO REPRESENTATIONS THAT OUR WEBSITE OR ANY CONTENT WE PROVIDE WILL MEET YOUR REQUIREMENTS.

8. We are Not Responsible for Linked Sites: We are not responsible for the availability or content of other services that may be linked to from Our Website. Because We have no control over such services, you acknowledge and agree that we are not responsible for the availability of such external services, and that we do not endorse and are not responsible or liable for any content, accuracy, quality, advertising, products or other materials on or available from such services. You further acknowledge and agree that we shall not be responsible or liable, directly or indirectly, for any damage or loss caused or alleged to be caused by or in connection with the use of or reliance on any content, goods or services available on or through such services.

9. We May be Legally Compelled to Disclose Certain Information: You agree that in the event we receive a subpoena issued by a court or from a law enforcement or government agency, we shall comply with such subpoenas without your consent or prior notice to you and may disclose your IP address, username, name, IP location or other information in response thereto.

10. Our Liability to You is Limited: BYG and their respective members, directors, officers, managers, employees, shareholders, agents and licensors are not liable for incidental, indirect, consequential, special, punitive, or exemplary damages of any kind, including, without limitation, lost revenues or profits, loss of business or loss of data, in any way related to Our Website or the Online Courses, or for any claim, loss or injury based on errors, omissions, interruptions or other inaccuracies in Our Website or the Online Courses (including, without limitation, as a result of breach of any warranty or other term of these Site Terms). Any claim against us shall be limited to the amount you paid, if any, for use of Our Website or the applicable Online Course. Some states do not allow the exclusion or limitation of liability of consequential or incidental damages, so the above exclusions may not apply to all users; in such states liability is limited to the fullest extent permitted by law.

11. You Will Transact with Us Electronically: You agree to transact with us electronically. This means that if you wish to transact or communicate with Us, you agree to do so by electronic means. You authorize us to send you important notices about Our Website and any pending transactions to an email address you provide to us. It is your duty to keep the email address you have provided to US up to date and to ensure that emails we send you are not filtered or stopped by spam filters or other types of email blocking functionalities.

12. You Are Responsible for Your Own Access: You are responsible for obtaining at your own expense all equipment and services needed to access and use Our Website and the Online Courses, including all devices, Internet browsers and Internet access. If you access Our Website, a Website application or an Online Course through a mobile or wireless device, you are responsible for all fees that your carrier may charge you for data, text messaging and other wireless access or communications services.

13. You May Not Share Your Username and Password: In the event you are provided with a user name and password to access any part of Our Website, you agree not share, give or sell your password or username to any other person or entity and to take reasonable action to protect your password. Excessive viewings or logins by you may be construed by Us as fraudulent use of services, which will result in the immediate cancellation of your access to paid content without refund. You agree to (a) immediately notify us (by e-mail to INFO@beachyogagirl.com of any unauthorized use of your password or account or any other breach of security, and (b) ensure that you log out from your account at the end of each session. We will not be liable for any loss or damage arising from your failure to comply with this paragraph. We reserve the right to cancel your access to any paid content if we believe your username and/or password has been compromised, or is being used fraudulently, at Our discretion.

14. We Do Not Target Children Under Age 13: Due to the nature of the Internet, we cannot prohibit minors from visiting Our Website, however, Our Website is not directed toward children under the age of 13 and we do not knowingly collect information from children under the age of 13 through Our Website. If you believe that a child has provided information to us through Our Website or the Online Courses, please contact us by email. We will use Our best efforts to remove all of the information provided by the child from Our system.

15. You Need to Bring any Action Against Us Within 6 months: You agree that regardless of any statute or law to the contrary, any claim or cause of action arising out of or related to Our Website, your use of Our Website or these Site Terms must be filed within 6 months after such claim or cause of action arose or be forever barred.

16. You Must Abide by Applicable International Laws: Due to the global nature of the Internet, you agree to comply with all local rules regarding online conduct and acceptable 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.

17. Any Dispute Between Us Will be Governed by Florida Law: These Site Terms shall be governed by the laws of the United States and the State of Florida, applicable to agreements made and to be performed therein without regard to conflict of laws principles. YOU IRREVOCABLY CONSENT AND WAIVE ALL OBJECTION TO PERSONAL JURISDICTION AND VENUE IN THE STATE AND FEDERAL COURTS LOCATED IN PALM BEACH COUNTY, FL AND YOU SHALL NOT COMMENCE OR PROSECUTE ANY SUIT OR ACTION EXCEPT IN THE FOREGOING COURTS. You waive any and all objections to the exercise of jurisdiction over you by such courts and to venue in such courts. No waiver of by Us of any term or condition set forth in these Site Terms shall be deemed a further or continuing waiver of such term or condition or a waiver of any other term or condition, and any failure by Us to assert a right or provision under these Site Terms shall not constitute a waiver of such right or provision. If any provision of these Site Terms is held by a court or other tribunal of competent jurisdiction to be invalid, illegal or unenforceable for any reason, such provision shall be eliminated or limited to the minimum extent such that the remaining provisions of these Site Terms will continue in full force and effect. These Site Terms and our Privacy Policy referred to herein constitute the sole and entire agreement between you and Strala Productions, LLC with respect to Our Website and supersede all prior and contemporaneous understandings, agreements, representations and warranties, both written and oral.

Last Updated: AUGUST 2019