Effective immediately and last revised on March 12, 2020
Welcome to the Jai Dev Singh websites, which are owned and operated by Jai Dev Singh, LLC, and its affiliates (collectively, the “Websites”).
The Websites may include some or all of the following: (a) a platform for the purchase and use of digital content, which allows end-users to purchase a subscription and stream pre-recorded audio and video content over the Internet for personal use and (b) one or more websites where other online content (including content provided by Jai Dev Singh, Website users and third parties), resources, tools, products, services, communications and social networking features may be accessed and used. All of the foregoing are collectively referred to as the “Services.”
- Acceptance of Terms and Agreement to Be Bound. The Services are offered to you on the condition that you accept and agree to be bound by this Agreement in its entirety without modification of any kind. By accessing and/or using any of our Websites, you agree to be bound by this Agreement, whether you are a “Visitor”(which means that you simply browse one or more of our Websites) or you are a “Registered User” (which means that you have registered to use the Websites and have subscribed to use one or more of the Services). If you do not accept the terms of this Agreement, you are not permitted to use the Websites and/or subscribe to the Services, and you are obliged to exit all of the Websites and discontinue any and all use of the Websites and the Services immediately.
- Modifications. We may modify this Agreement from time to time, and, to the greatest extent permitted by law, such modifications shall be effective upon posting at any of our Websites. By accessing and/or using any of our Websites after any such modification is posted, you are agreeing to be bound by such modifications. You also acknowledge and agree that it is your responsibility to monitor the Websites for the posting of modifications and to review such modifications on a regular basis. If you do not agree to be bound by any future modifications of this Agreement, your exclusive remedy is to cancel your account and discontinue your use of the Websites and the Services. Except as otherwise expressly provided herein, any new features, tools, products and/or services that change, augment, enhance or upgrade the current Websites and/or the Services will be subject to this Agreement.
- General Registration Requirements. Visitors are currently permitted to view only limited portions of the Websites prior to deciding whether to become a Registered User. Full access to the Websites and the Services is available only to Registered Users and, if a subscription is required, then only to Registered Users who are also paid subscribers. If you wish to become a Registered User, you must register on our Websites, you must complete the registration procedures displayed on the registration page(s) of the Websites and, where applicable, pay the required subscription fee. Some aspects of the Websites and the Services are available to all Registered Users, and some are available only to Registered Users who have paid the required subscription fee and/or other charges, all of which are posted at the Websites.
- Age Requirements for Access and Use of the Websites. By accessing and using the Websites, you acknowledge and agree that you are representing to us that you are over the age of 18 and you are of legal age to form a legally binding contract, and you are not a person barred from purchasing or receiving products and services, under the laws of the United States or other applicable jurisdiction. Registration, subscription, access to and use of the Websites and the Services are not available to users under the age of 18 and are void where prohibited by applicable law.
- Requirements for Becoming a Registered User. By completing the registration procedures displayed on the registration page(s) of the Websites, you acknowledge and agree that (a) you are representing to us that you are providing true, accurate, current and complete information about yourself as prompted by the registration form available on our Websites (the “Registration Data”), and (b) you are obliged to 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 access to and/or use of the Websites and the Services (or any portion thereof).
- Member Account, Password and Security. As a Registered User, you are required to choose a password, and provide your email address, and you may be asked for additional information regarding your account. You are responsible for maintaining the confidentiality and security of the password and all other account information, and you are fully responsible and liable for all access to and use of the Websites and the Services that occur under your password or account. You agree to (a) immediately notify us by e-mail to [email protected] 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. Jai Dev Singh, LLC will not be liable for any loss or damage arising from your failure to comply with this section.
- Security Components. You acknowledge and agree that the Websites and the Services, and the software embodied within the Websites and the Services, may include security components that permit digital materials to be accessed, used, and protected, and that use of these security components is subject to usage rules set by Jai Dev Singh, LLC and/or content providers who provide content to Jai Dev Singh, LLC. You may not attempt to override or circumvent any such security components and usage rules embedded in the Websites and the Services.
- Subscription Fees and Payment. Access to and use of the Services is subject to a subscription fee (“Fee”). The Fee is payable in U.S. dollars or other currency as applicable. You will be required to provide your credit card number and other information at the time of your initial registration. Your credit card will automatically be charged at the time of your subscription, and regularly thereafter based on the terms of your subscription, and you hereby authorize Jai Dev Singh, LLC to charge your credit card for the then-applicable subscription fee. The Fee is non-refundable except as provided in Section 26 below (“Term and Termination”). Jai Dev Singh, LLC reserves the right to change or modify the Fee or payment schedule (including, without limitation, increasing prices and charging a fee for upgrades) at any time. Plans priced in currencies other than U.S. dollars are subject to adjustment due to fluctuations in exchange rates. Jai Dev Singh, LLC will use its reasonable best efforts to provide you with reasonable notice prior to making any fee changes or modifications, with the exception of exchange rate changes.
If Jai Dev Singh, LLC is for any reason unable to effect automatic payment via your credit card, Jai Dev Singh, LLC will attempt to notify you via email and your account will be disabled until payment is received. You are responsible for notifying Jai Dev Singh, LLC of any changes to your credit card information and to update your information if your credit card has expired. Jai Dev Singh, LLC may suspend, terminate and/or otherwise interrupt your access to the Services if you fail to so notify Jai Dev Singh, LLC.
All Fees are exclusive of all excise, sales, use, transfer and other taxes and duties imposed with respect to the Services by any federal, state, municipal or other governmental authority, all of which taxes you are required to pay except for taxes based on Jai Dev Singh, LLC’s net income. You are responsible for obtaining and providing to Jai Dev Singh, LLC any certificate of exemption or similar document required to exempt any transaction from sales, use or similar tax liability.
You agree to pay your account balance on time. You are responsible and liable for any costs and expenses, including attorney and collection fees, that Jai Dev Singh, LLC may incur in its efforts to collect any remaining balances due from you. This paragraph will in no way limit any other remedies available to Jai Dev Singh, LLC. You are required to notify us of any billing problems or discrepancies within sixty (60) days after they first appear on your credit card account statement by sending a written notice to [email protected] If you do not notify us within the time allowed, you waive any right to dispute such problems or discrepancies.
12a. Content. The content available at the Websites and the Services generally consists of (a) content owned by Jai Dev Singh, LLC, including but not limited to the trademarks, trade dress and “look and feel” of the Websites and content created and/or acquired and owned by Jai Dev Singh, LLC (“Jai Dev Singh, LLC Content”), (b) content owned by third parties and licensed to Jai Dev Singh, LLC for specified uses on the Websites and the Services (“Third-Party Content”), and (c) content that may be posted and/or otherwise uploaded to the Websites and/or the Services by you (“User Content”). As between you and other Registered Users, however, the content posted by other Registered Users is considered to be “Third-Party Content.” All of the foregoing are collectively referred to as “Site Content.”
12b. Geographic Limitations. Due to certain licensing restrictions placed on our titles, some content may not be available in your geographic location, and therefore, cannot be viewed. If at any time you feel this inhibits your experience upon purchasing a Jai Dev Singh, LLC subscription, please contact our customer service department and we will work with you in order to remedy the situation. You can reach customer service by email at [email protected] , or by phone at (530) 264-7290.
- Prohibited Conduct. The Websites and the Services may include features that permit you to post User Content, which includes and applies to (but is not limited to) content of your own, comments on the User Content posted by other Registered Users, and communications with other Registered Users. Such User Content includes but is not limited to information, data, text, software, music, sound, photographs, graphics, video, messages, tags, or other materials. You acknowledge and agree that you shall not use the Websites and/or the Service to post or other transmit User Content that:
- is patently offensive and/or promotes racism, bigotry, hatred or physical harm of any kind against any group or individual;
- harasses or advocates harassment of another person;
- exploits people in a sexual or violent manner;
- contains nudity, violence, or offensive subject matter;
- solicits personal information from anyone under the age of eighteen (18);
- provides any telephone numbers, street addresses, last names or email addresses of anyone other than your own;
- promotes information that you know is false or misleading or promotes illegal activities or conduct that is abusive, threatening, obscene, defamatory or libelous;
- violates any intellectual property or other proprietary right of any third party, including User Content that promotes an illegal or unauthorized copy of another person’s copyrighted work, such as providing pirated computer programs or links to them, providing information to circumvent manufacture-installed copy-protect devices, or providing pirated music or links to pirated music files;
- involves the transmission of “junk mail,” “chain letters,” or unsolicited mass mailing, instant messaging, “spimming,” or “spamming”;
- contains restricted or password only access pages or hidden pages or images (those not linked to or from another accessible page);
- furthers or promotes any criminal activity or enterprise or provides instructional information about illegal activities including, but not limited to making or buying illegal weapons, violating someone’s privacy, or providing or creating computer viruses;
- solicits passwords or personal identifying information for commercial or unlawful purposes from other Members;
- involves commercial activities and/or sales without our prior written consent, such as contests, sweepstakes, barter, advertising, or pyramid schemes;
- includes a photograph of another person that you have posted without that person’s consent or, in the case of children under the age of eighteen (18), parental consent, or otherwise constitutes an invasion of an individual’s privacy or infringement of publicity rights; or
- contains a virus or other harmful component.
- Responsibility for User Content. You, and not Jai Dev Singh, LLC, are entirely responsible for all User Content that you upload, post, email, transmit or otherwise make available via the Websites and/or the Services. Jai Dev Singh, LLC does not control the User Content posted via the Websites and/or the Services and, as such, we cannot and do not guarantee the accuracy, integrity or quality of such User Content. You acknowledge and agree that, by using the Websites and the Services, you may be exposed to User Content that you deem offensive, indecent or objectionable. Under no circumstances will Jai Dev Singh, LLC 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 as a result of the use of any User Content posted, emailed, transmitted or otherwise made available via the Websites and/or the Services.
- Examples of Limitations on Use. Any non-commercial reuse of any portion of the Site Content by a Registered User that falls within what is allowed as “Fair Use” under the United States copyright and trademark law is permitted. In addition to the limitations set forth in Section 18 above (“Limited License”), and by way of example only, no commercial storage, use, reproduction or transmission of any Site Content is permitted under any circumstances. The Websites and the Services may not be used in connection for any commercial purposes except as specifically approved in writing and in advance by an authorized representative of Jai Dev Singh, LLC. Unauthorized framing of or linking to any of our Websites is prohibited. Commercial advertisements and other commercial content, affiliate links, and other forms of solicitation may be removed by Jai Dev Singh, LLC from the Websites and the Services without notice and may result in termination of registration and subscription and denial of access to and use of the Websites and the Services.
- Health and Medical Concerns. Some of the Site Content includes information and instruction relating to exercise and fitness, and some of the products and services available through the Websites and the Services relate to exercise and fitness. You acknowledge and agree that the following warnings and disclaimers shall apply to all such information, instruction, products and services.
Before participating in any exercise program or using any fitness products or services that may be described and/or made accessible in or through the Website and/or the Services, we strongly recommend that you consult with a physician or other healthcare provider. Jai Dev Singh, LLC, its staff and the content-providers are not licensed medical care providers, are not rendering personal medical advice or treatment, and have no expertise in advising on, diagnosing, examining, or treating medical conditions of any kind, or in determining the effect of any specific exercise on a medical condition.
The Websites and the Services are not intended to be a substitute for professional medical advice, diagnosis, or treatment. You acknowledge and agree that when participating in any exercise or exercise program, and/or when using any fitness products or services, there is the possibility of physical injury and/or death, and you assume the risk and responsibility for any such results.
You should never disregard medical advice or delay seeking it because of a statement you have read on the Websites and/or the Services. The Websites and the Services should not be used in lieu of advice given by qualified medical professionals such as your doctor or registered dietitian. It is important that the Websites and the Services are used only in conjunction with qualified medical guidance. If you know or suspect that you may be pregnant, have an eating disorder, have diabetes, or have any other physical or medical condition, it is imperative that you seek the advice of your doctor prior to using the Websites and/or the Services.
You must always consult your doctor before beginning an exercise or dietary program. Keep the following checklist in mind when developing your program in conjunction with your health care provider, but also bear in mind that the checklist is not exhaustive and does not take the place of a consultation with your healthcare provider.
- After exercise do you frequently experience chest pains?
- Do you get dizzy when you exercise?
- Are you breathless after exercising?
- Do you take medication for high blood pressure?
- Do you have joint problems?
- Do you have a medical condition, which might need special attention when exercising, for example diabetes?
- Have you been physically active in the past?
- Do you have a heart condition that requires supervised physical activity?
If you experience any discomfort or pain during an exercise routine you must immediately cease the activity and seek the assistance of a physician.
- Reservation of Rights. Jai Dev Singh, LLC Content and Third-Party Content are protected by copyright, trademark, patent, trade secret and other laws. Jai Dev Singh, LLC and its third-party licensors owns and retains their respective rights, title and interest in and to their respective content subject only to the limited licensed granted to Registered Users as set forth above.
- International Use. Due to the global nature of the Internet, you acknowledge and agree that you are obliged to comply with all applicable laws, rules and regulations regarding the access to and use of the Websites and the Services. By way of example only, you acknowledge and agree that you are obliged to comply with all applicable laws regarding the transmission of technical data exported from the United States or the country in which you reside, and that restrictions on access to and/or use of some Site Content may apply to users based on their place of domicile, residence and/or use.
- Take-Down Notices Under the DMCA. Jai Dev Singh, LLC will receive and evaluate notices of copyright infringement and take appropriate actions under the Digital Millennium Copyright Act, Title 17, United States Code, Section 512(c)(2) (“DMCA”). Written notices of claimed copyright infringement must be in strict compliance with all terms and conditions of the DMCA and must be submitted according to the procedures set forth in the DMCA to the following Designated Agent for Jai Dev Singh, LLC:
Name of Agent Designated to Receive Notification of Claimed Infringement on Behalf of Jai Dev Singh, LLC, Inc: Director of Content Acquisition and Content
Full Address of Designated Agent to Which Notification to Jai Dev Singh, LLC Should Be Sent:
Director of Content Acquisition and Content
Jai Dev Singh, LLC,
206 Sacramento Street Suite 211
Nevada City, California 95959
Email of Designated Agent: [email protected]
- Registered User Disputes. You are solely responsible for your interactions with other Registered Users. Jai Dev Singh, LLC reserves the right, but has no obligation, to monitor disputes between you and other Registered Users.
- Term and Termination.
This Agreement, as it may be modified from time to time, shall remain in full force and effect for so long as it is posted on any of the Websites or until terminated by Jai Dev Singh, LLC or by you.
You may terminate your status as a Registered User and cancel your account at any time and for any reason, by notifying us by email at [email protected] or by phone at (530) 264-7290, but any such termination and cancellation will be effective only after Jai Dev Singh, LLC has processed the request. If you cancel your account prior to the expiration of your pre-paid subscription period, you will forfeit the Fees paid for any unused portion of your subscription, which are non-refundable. However, you will be able to continue viewing premium content until the expiration of your current pre-paid subscription period. You also acknowledge and agree that the cancellation of your account is your sole right and remedy with respect to any dispute with Jai Dev Singh, LLC.
Jai Dev Singh, LLC reserves the right to suspend or terminate your status as a Registered User, cancel your account, and disable your access to the Websites and Services at any time, with or without notice to you, with or without cause, and without liability to you. Jai Dev Singh, LLC shall have no liability to you or any third party because of such suspension or termination or related action for any reason except as follows: (a) If Jai Dev Singh, LLC elects do so with cause, then no refund of any unused portion of a pre-paid subscription is owing, and (b) if Jai Dev Singh, LLC elects to do so without cause, then Jai Dev Singh, LLC will refund any unused portion of a pre-paid subscription.
The following sections shall survive any termination of this Agreement, your account, and/or your use of the Service: Section 9 (“Preservation and Disclosure of Account Information and User Content”), Section 12 (“Content”), Section 13 (“Ownership of Content”), Section 14 (“License to Your Content”), Section 16 (“Responsibility for Your User Content”), Section 17 (“Rejection and/or Removal of User Content”), Section 20 (“Health and Medical Concerns”), Section 21 (“Reservation of Rights”), Section 22 (“Other Sites”), Section 23 (“International Use”), Section 25 (“Registered User Disputes”), Section 27 (“Disclaimer of Warranties”), Section 28 (“Waiver of Claims”), Section 29 (“Limitation of Liability”), Section 30 (“Severability”), Section 31 (“Indemnity”), and Sections 34 through 40.
Upon suspension or termination, Jai Dev Singh, LLC shall have no obligation to save any User Content that you may have posted or otherwise provided, and we reserve the right to permanently delete and destroy any of your personal information and/or User Content.
- Disclaimer of Warranties. You acknowledge and agree that the Websites and the Services are offered without warranties of any kind whatsoever by Jai Dev Singh, LLC and/or the providers of Site Content. The disclaimer of warranties includes, but is not limited to, the following.
(a) Your use of the Websites and the Services is at your sole risk. The Websites and the Services are provided on an “as is” and “as available” basis. Jai Dev Singh, LLC and its parent, subsidiaries, affiliates, successors and assigns, and their respective shareholders, officers, directors, employees, agents, partners, licensors, vendors and contractors (collectively, the “Jai Dev Singh, LLC-Related Parties”) expressly disclaim all warranties of any kind, whether express or implied, including, but not limited to the implied warranties of merchantability, fitness for a particular purpose and non-infringement, with respect to the service, the websites, and any third party websites with which they are linked.
(b) The Jai Dev Singh, LLC-Related Parties are not responsible or liable for any loss, damage, injury or health problems that may result from your use of the Site Content and/or other aspects of the Websites and/or the Services, including but not limited to training programs, recipes, products, services, events and/or information that you may learn about on the Websites and/or the Services, and/or any action or inaction on your part as a result of information you have obtained from the Websites and/or the Services. By way of example only, if you engage in any exercise or diet program that you receive or learn about through the Websites and/or the Services, and/or if you use any product or service that you receive or learn about through the Websites and/or the Services, you agree that you do so voluntarily, after consulting an appropriate health professional of your choice, and at your own risk, and you agree to release and discharge the Jai Dev Singh, LLC-Related Parties Jai Dev Singh, LLC from any and all claims or causes of action, known or unknown, arising out of the foregoing.
(c) The Jai Dev Singh, LLC-Related Parties make no warranty that the Websites or the Services, the Site Content, and/or the information, products and services available through the Websites or the Service will meet your expectations or requirements, or that you will achieve any particular results from the use of any of the foregoing, or that the Websites or the Services will be uninterrupted, timely, secure, error-free, or free of any harmless components (including viruses, malware, spyware, or comparable components.
(d) You expressly assume the risk, by way of example, of deletion, non-delivery or failure to store postings of User Content, communications, personalized settings, or data, and you acknowledge that the Jai Dev Singh, LLC-Related Parties make no warranties regarding the foregoing.
(e) Any material downloaded or otherwise obtained through the use of our Websites or the Services is accessed at your own discretion and risk, and you will be solely responsible for any loss or damage to your computer system or loss of data that results from the download of any such material.
- Waiver of Claims. You hereby waive, release and discharge the Jai Dev Singh, LLC-Related Parties from and against any claims that you may be entitled to make by reason of any use of your User Content authorized under this Agreement and/or by reason of your participation in any of the communications and social networking features of the Services, including but not limited to, and by way of example only, any claims based on copyright infringement, trademark infringement, rights of privacy or publicity, defamation and otherwise.
- Limitation of Liability. To the fullest extent permitted by applicable laws, the Jai Dev Singh, LLC-Related Parties will in no event be liable to you or any third party for any indirect, consequential, exemplary, incidental, special or punitive damages, including lost profit damages arising from or in connection with any use of the Websites and/or the Services, and/or any website with which they are linked, and/or any content, information, products or services accessible through the Websites and/or the Services, even if any of the Jai Dev Singh, LLC-Related Parties have been advised of the possibility of such losses or damages. Notwithstanding anything to the contrary contained herein, the aggregate liability of the Jai Dev Singh, LLC-Related Parties to you for any cause whatsoever and regardless of the form of the action, will at all times be limited to the amount paid, if any, by you to Jai Dev Singh, LLC for the Services.
- Severability. 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. In any such case, and/or if any terms or conditions of this Agreement are held to be invalid for any reason whatsoever, this Agreement shall remain in full force and effect on its remaining terms and conditions of this Agreement unless and until terminated by Jai Dev Singh, LLC. Furthermore, if any term or condition 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 intentions of the parties as reflected in the invalidated provision.
- Indemnity. You agree to indemnify, defend, and hold harmless the Jai Dev Singh, LLC-Related Parties from any and all third party claims, losses, liability, damages, and/or costs (including reasonable attorney fees and costs) arising from your breach of the terms of this Agreement, or your infringement, or infringement by any other user of your account, of any intellectual property or other right of any person or entity. Jai Dev Singh, LLC will use its reasonable best efforts to notify you promptly of any such claim, loss, liability, or demand, and will provide you with reasonable assistance, at your expense, in defending any such claim, loss, liability, damage, or cost.
- Additional Terms. We may also require you to follow additional rules, guidelines or other conditions (“Additional Terms”) in order to participate in certain promotions or activities available through our Websites, to obtain certain premium Site Content through our Websites, and/or for other reasons. In addition, certain Additional Terms will govern your subscription to the Services and any purchases you make through the online store. These Additional Terms will be posted on the relevant portions of our Websites or on the portions of our Websites that describe the specific promotions, Content, or activities. These Additional Terms are incorporated by reference in this Agreement, and you agree to comply with them when you participate in those promotions, purchase items from our online stores, or otherwise engage in activities governed by such Additional Terms.
- Modification and Discontinuation. We reserve the right at any time to modify, edit, delete, suspend or discontinue, temporarily or permanently the Websites and/or the Services, 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 Websites and/or the Services.
- Choice of Law and Forum. This Agreement and the relationship between you and Jai Dev Singh, LLC shall be governed by the laws of the State of California without regard to its conflict of law provisions. You and Jai Dev Singh, LLC agree to submit to the personal and exclusive jurisdiction of the courts located within the county of Nevada, California.
- No Waiver. The failure of Jai Dev Singh, LLC to exercise or enforce any right and/or remedy under this Agreement shall not constitute a waiver of such right and/or remedy.
- Statute of Limitations. You acknowledge and 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 Websites, the Services or this Agreement must be filed within one (1) year after such claim or cause of action arose or be forever barred.
37. Notices and Questions. If you have any questions regarding this Agreement, please contact us by email at [email protected], or by mail at Jai Dev Singh, LLC, 206 Sacramento Street Suite 211, Nevada City, California 95959. Except as otherwise specified elsewhere in this Agreement, notices to Jai Dev Singh, LLC may be given at the foregoing email and postal addresses, and notices to you may be given at the address provided to us at the time of registration and/or the purchase of goods and services from Jai Dev Singh, LLC.