Effective Date: This Agreement was last updated on June 1, 2020
This Agreement sets forth the standards of use for the www.narayanwellness.com website (the “Website”). This Agreement is intended to apply broadly and it governs any and all access and use of the Website, the information or content contained on the Website, and all aspects of the Service (defined below).
By using the Website, you (“you” or “your”) agree to this Agreement. If you do not agree to this Agreement, you may not use the Website.
THIS AGREEMENT SETS FORTH LEGALLY BINDING TERMS AND GOVERNS YOUR ACCESS TO AND ALL USE OF THE WEBSITE AND THE INFORMATION OR CONTENT CONTAINED ON IT, AND ANY OF THE SERVICES (DEFINED BELOW). BY ACCESSING OR USING THE WEBSITE AND/OR THE INFORMATION OR CONTENT CONTAINED ON IT, AND/OR ANY SERVICE (DEFINED BELOW), YOU ARE ACCEPTING THIS AGREEMENT AND YOU REPRESENT AND WARRANT THAT (1) YOU HAVE READ, UNDERSTAND, AND AGREE TO BE BOUND BY THIS AGREEMENT, (2) YOU ARE AT LEAST 18 YEARS OLD, AND (3) YOU HAVE THE RIGHT AND AUTHORITY TO ENTER INTO THIS AGREEMENT. YOU MAY NOT ACCESS OR USE THE WEBSITE AND/OR THE INFORMATION OR CONTENT CONTAINED ON IT, AND/OR ANY SERVICE (DEFINED BELOW) IF YOU ARE NOT AT LEAST 18 YEARS OLD. IF YOU DO NOT AGREE TO BE BOUND BY THIS AGREEMENT, YOU MAY NOT ACCESS OR USE THE WEBSITE AND/OR THE INFORMATION OR CONTENT CONTAINED ON IT, AND/OR ANY SERVICE (DEFINED BELOW).
Certain features of the Website may be subject to additional terms that will be provided on the Website in connection with such features. Any and all such additional terms are incorporated by reference into this Agreement. In the event of a conflict between the additional terms and any provision in this Agreement, the additional terms will prevail, but only with respect to the Website and/or any Service (defined below) to which the additional terms apply. Use of the Website is also governed by the Terms and Conditions of any Wellness Agreement, Membership Agreement and/or Service Waiver you may have entered into with Narayan Wellness Inc. Your continued use of the Website and/or the content or information contained on it and/or any Service (defined below) is an acknowledgement and acceptance that neither Narayan Wellness Inc, nor any of its past, present, or future affiliates or subsidiaries and their respective officers, directors, incorporators, members, partners, owners, agents, management, controlling parties, entities under common control, vendors, service providers, attorneys, employees, or representatives (all of whom are third-party beneficiaries of the Agreement and are collectively referred to as the “NW Entities”) is a party to any Wellness Agreement you may enter into with Narayan Wellness Inc. Your continued use of the Website and/or any Service (defined below) is an acknowledgement and acceptance by you that the NW Entities are not responsible for any acts or omissions related in any way to your use of the Website or any Service (defined below).
Narayan Wellness Inc. reserves the right, at any time, to modify, alter, or update this Agreement without prior notice. Modifications shall become effective immediately upon being posted in the Website. Your continued use of the Website and/or any Service (defined below) after amendments are posted constitutes an acknowledgement and acceptance of the Agreement and its modifications. Except as provided in this paragraph, this Agreement may not be amended.
Through the Website, Narayan Wellness Inc is providing you with information about products and services offered at Narayan Wellness location(s), including but not limited to massage therapy, fitness training and nutrition coaching, along with (a) the ability to schedule, modify and/or cancel appointments with any Narayan Wellness location and/or service provider; (b) provide information to and complete forms regarding massage therapy, fitness, nutrition and other wellness sessions; (c) enter into and use benefits under any Wellness Agreement, Memberships Agreement, and/or Service Waiver entered into with Narayan Wellness Inc; (d) purchase and/or redeem gift certificates; (e) purchase of massage, fitness, nutrition and/or other wellness sessions and products; (f) view information about and find a Narayan Wellness Inc location; (g) complete customer satisfaction surveys; (h) view opportunities to apply for employment with Narayan Wellness Inc; and/or (i) apply for job openings at Narayan Wellness Inc. (collectively the “Service”).
You must (1) provide all equipment necessary for accessing the Website, (2) provide for your access to the Internet to use the Website, and (3) pay any fees related with such Internet or equipment.
YOU EXPRESSLY ACKNOWLEDGE AND AGREE THAT YOUR USE OF THE WEBSITE AND THE INFORMATION OR CONTENT CONTAINED ON IT AND/OR ANY SERVICE IS AT YOUR SOLE RISK AND THAT, TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, THE WEBSITE AND ANY CONTENT OR INFORMATION PROVIDED ON IT AND/OR ANY SERVICES ARE PROVIDED “AS IS” AND “AS AVAILABLE”, WITH ALL FAULTS AND WITHOUT WARRANTY OF ANY KIND, AND THE NW ENTITIES HEREBY DISCLAIM ALL WARRANTIES AND CONDITIONS WITH RESPECT TO THE WEBSITE, THE INFORMATION CONTAINED ON IT AND/OR ANY SERVICE EITHER EXPRESS, IMPLIED OR STATUTORY, INCLUDING, BUT NOT LIMITED TO, THE IMPLIED WARRANTIES AND/OR CONDITIONS OF MERCHANTABILITY, OF SATISFACTORY QUALITY, OF FITNESS FOR A PARTICULAR PURPOSE, OF ACCURACY, OF QUIET ENJOYMENT, AND NON-INFRINGEMENT. THE NW ENTITIES DO NOT WARRANT THAT THE WEBSITE, ANY CONTENT PROVIDED BY IT AND/OR ANY SERVICE WILL MEET YOUR REQUIREMENTS, THAT THE OPERATION OF THE WEBSITE WILL BE UNINTERRUPTED OR ERROR-FREE, OR THAT DEFECTS IN THE WEBSITE AND/OR THE INFORMATION CONTAINED ON IT WILL BE CORRECTED. NO ORAL OR WRITTEN INFORMATION OR ADVICE GIVEN BY Narayan Wellness INC OR ITS AUTHORIZED REPRESENTATIVES OR ANY EMPLOYEE AT ANY Narayan Wellness INC LOCATION WILL CREATE A WARRANTY.
NO ADVICE OR INFORMATION, WHETHER ORAL OR WRITTEN, OBTAINED FROM NARAYAN WELLNESS INC, THROUGH THE WEBSITE, THE INFORMATION CONTAINED ON IT AND/OR THE SERVICE, WILL CREATE ANY WARRANTY NOT EXPRESSLY MADE HEREIN.
THE FOREGOING EXCLUSIONS SHALL SURVIVE ANY TERMINATION OR EXPIRATION OF THIS AGREEMENT OR YOUR USE OF THE WEBSITE AND/OR THE INFORMATION AND CONTENT PROVIDED BY IT AND/OR ANY SERVICE. SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSIONS OF IMPLIED WARRANTIES, AND THEREFORE IN SUCH INSTANCES, THE ABOVE-REFERENCED EXCLUSION IS INAPPLICABLE.
YOU UNDERSTAND THAT, TO THE MAXIMUM EXTENT PERMITTED BY LAW, THE NW ENTITIES SHALL NOT BE LIABLE FOR ANY DAMAGES WHATSOEVER, AND IN PARTICULAR THE NW ENTITIES SHALL NOT BE LIABLE FOR ANY SPECIAL, INDIRECT, CONSEQUENTIAL, PUNITIVE, OR INCIDENTAL DAMAGES, OR DAMAGES FOR LOST PROFITS, LOSS OF REVENUE, OR LOSS OF USE, ARISING OUT OF OR RELATED TO THE WEBSITE, THE INFORMATION CONTAINED ON IT, OR ANY SERVICE, WHETHER SUCH DAMAGES ARISE IN CONTRACT, WARRANTY, NEGLIGENCE, TORT, UNDER STATUTE, IN EQUITY, AT LAW, OR OTHERWISE, EVEN IF THE NW ENTITIES HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. SOME JURISDICTIONS DO NOT ALLOW FOR THE LIMITATION OR EXCLUSION OF LIABILITY FOR INCIDENTAL OR CONSEQUENTIAL DAMAGES, THEREFORE SOME OF THE ABOVE LIMITATIONS MAY BE INAPPLICABLE.
You agree to indemnify and hold the NW Entities harmless from any claims, demands, liabilities, damages, losses, and expenses, including, without limitation reasonable attorneys’ fees and costs, made by any third party due to or arising out of or connected in any way with your use of the Website, any information or content provided on it, any Service, any service or product provided by or purchased from Narayan Wellness Inc, the violation of this Agreement, using your equipment to access the Website, infringement of any intellectual property or any other right of any person or entity. The indemnification obligations under this Section shall survive the termination or expiration of this Agreement or your use of the Website and/or any Service.
PLEASE READ THIS SECTION CAREFULLY—IT MAY SIGNIFICANTLY AFFECT YOUR LEGAL RIGHTS, INCLUDING YOUR RIGHT TO FILE A LAWSUIT IN COURT.
Last Update to Section 5: June 1, 2020
Purpose. This Binding Individual Arbitration Section governs all Disputes between you and any NW Entity. The term “Disputes” is to be given the broadest possible meaning that will be enforced and means any dispute, claim, or controversy of any kind between you and any of the NW Entities that arise out of or in any way relate to (1) your access to the Website; (2) your use of the Website; (3) the provision of content, services, and/or products on or through the Website and/or the Service; (4) any product or service provided by or purchased from any Narayan Wellness Inc location; and/or (5) this Agreement, including the validity, enforceability or scope of this Binding Individual Arbitration Section (with the exception of the Class Action Waiver clause below), whether based in contract, statute, regulation, ordinance, tort (including, but not limited to, fraud, misrepresentation, fraudulent inducement, or negligence), or any other legal or equitable theory. The term “Disputes” includes claims that arose or accrued before you assented to this Agreement. If you have a Dispute with any NW Entity that cannot be resolved through negotiation within the time frame described in the “Notice of Dispute” clause below, you and the NW Entity with which you have a Dispute agree to seek resolution of the Dispute only through arbitration of that Dispute in accordance with the terms of this Section, and not litigate any Dispute in court, except for those matters listed in the Exclusions from Arbitration clause. Arbitration means that the Dispute will be resolved by a neutral arbitrator instead of in a court by a judge or jury.
Exclusions from Arbitration. YOU AND THE NW ENTITIES AGREE THAT THE ONLY DISPUTES NOT COVERED BY THIS SECTION ARE (1) CLAIMS REGARDING THE INFRINGEMENT, PROTECTION OR VALIDITY OF YOUR OR NARAYAN WELLNESS INC’S TRADE SECRETS, COPYRIGHT, TRADEMARK OR PATENT RIGHTS AND (2) CLAIMS YOU CHOOSE TO PURSUE IN SMALL CLAIMS COURT WHERE JURISDICTION AND VENUE OVER NARAYAN WELLNESS INC AND YOU OTHERWISE QUALIFIES FOR SUCH SMALL CLAIMS COURT AND WHERE YOUR CLAIM DOES NOT INCLUDE A REQUEST FOR ANY TYPE OF EQUITABLE RELIEF.
Right to Opt-Out of Binding Arbitration and Class Action Waiver Within 30 Days. You have the right to opt-out and not be bound by this arbitration provision by sending written notice of your decision to opt-out to Narayan Wellness Inc at [email protected] . The written notice must be postmarked or emailed within thirty (30) days of the later of the date noted in the “Last Update to Section 5” or your initial log in to the Website or the Mobile Application. Your written notification must include: (1) your name, (2) your physical postal address, and (3) a clear statement that you do not wish to resolve disputes with any NW Entity through arbitration. Otherwise you shall be bound to arbitrate any disputes, claims, or controversies in accordance with the terms of this Section. If you opt-out of this arbitration provision, the NW Entities also will not be bound by it. If you do not affirmatively elect to opt out as described above, your use of the Website and/or any Service will be deemed to be your irrevocable acceptance of this Agreement and any changes/updates to this Section.
Notice of Dispute. IF YOU HAVE A DISPUTE WITH ANY NW ENTITY, YOU MUST FIRST SEND WRITTEN NOTICE OF THE NATURE OF THE DISPUTE TO [email protected] TO GIVE THE NW ENTITY WITH WHICH YOU HAVE A DISPUTE THE OPPORTUNITY TO RESOLVE THE DISPUTE INFORMALLY THROUGH NEGOTIATION. You agree to negotiate resolution of the Dispute in good faith for no less than sixty (60) days after you provide notice of the Dispute. If the NW Entity with which you have a Dispute does not resolve your Dispute within sixty (60) days from receipt of written notice of the Dispute, you or the NW Entity with which you have a Dispute may pursue your claim in arbitration pursuant to the terms in this Section.
Class Action Waiver. PLEASE READ THIS SECTION CAREFULLY—IT SIGNIFICANTLY AFFECTS YOUR LEGAL RIGHTS. Any disputes, claims or controversies, whether in arbitration or court, will be conducted only on an individual basis and not on behalf of, or as part of, any purported class, consolidated, representative or private attorney general proceeding. You further agree that you shall not participate in any class, consolidated, representative or private attorney general proceeding (existing or future) brought by any third party involving a Dispute. If any court or arbitrator determines that the class action waiver set forth in this paragraph is void or unenforceable for any reason or that arbitration can proceed on a class basis, then the disputes, claims or controversies will not be subject to arbitration and must be litigated. The terms of this provision will be binding on you, your heirs, successors, and assigned.
Arbitration Procedures. The arbitration shall be conducted by a single arbitrator. Except as otherwise provided in this Section, the arbitration shall be governed by the rules set forth in this Agreement.
The initiating party shall bear the cost of any arbitration filing fees and arbitration fees, unless the arbitrator finds the arbitration to be frivolous. You are responsible for all other additional costs that you may incur in connection with the arbitration including, but not limited to attorney’s fees and expert witness costs unless Narayan Wellness Inc is otherwise specifically required to pay such fees under applicable law. The decision of the arbitrator will be in writing and binding and conclusive on the NW Entities and you, and judgment to enforce the decision may be entered by any court of competent jurisdiction. Dispositive motions, including without limitation, motions to dismiss and motions for summary judgment will be allowed in the arbitration. The arbitrator must follow this Agreement and can award the same damages and relief as a court, including injunctive or other equitable relief and attorney’s fees and expert witness costs. The NW Entities and you understand that, absent this mandatory arbitration provision, the NW Entities and you would have the right to sue in court and have a jury trial. The NW Entities and you further understand that, in some instances, the costs of arbitration could exceed the costs of litigation and the right to discovery may be more limited in arbitration than in court.
If your claim is solely for monetary relief of $10,000 or less, and does not include a request for any type of equitable remedy, the arbitration will be conducted solely based on documents submitted to the arbitrator, through a telephonic hearing, or by an in-person hearing.
Confidentiality of Arbitration Proceedings. Arbitration proceedings conducted pursuant to this Section 5 shall be strictly confidential. The fact that an arbitration exists or is proceeding, the nature of the Dispute, all documents exchanged in connection with the arbitration, all testimony (including transcripts of testimony, if any) that is given in the arbitration proceeding, and any arbitration award shall remain confidential. The only exceptions to this confidentiality provision are disclosures reasonably necessary to confirm or vacate an arbitration award, a judicial challenge to an arbitration award or its enforcement, or disclosure that is required by operation of law or court order; provided, however, that this Paragraph shall not prevent the disclosure of such information (1) as may be required to your legal and financial advisors and independent accountants; (2) as may be required to any NW Entity’s (a) legal, financial and other professional advisors, regulators, rating agencies, independent accountants, analysts, agents, and/or directors, (b) shareholders and/or affiliates and their respective officers, directors and legal, financial and other professional advisors, and/or (c) existing or potential insurers or reinsurers, existing or potential investors, existing or potential lenders, or existing or potential purchasers; and/or (3) as otherwise required to comply with any applicable law or regulation.
Location of Arbitration. You or the NW Entity with which you have a Dispute may initiate arbitration in either Alameda County, California or any other county within the state of California that is no further than 100 miles from Alameda County, California in which you reside.
Severability. If any clause within this Section (other than the Class Action Waiver clause above) is found to be illegal or unenforceable, that specific clause will be severed from this Section, and the remainder of this Section will be given full force and effect. If the Class Action Waiver clause is found to be illegal or unenforceable, this entire Section will be unenforceable, and the Dispute will be decided by a court and you and the NW Entity with which you have a dispute each agree to waive in that instance, to the fullest extent allowed by law, any trial by jury.
Continuation. This Section shall survive any termination of this Agreement or the provision of any Service to you.
THE PARTIES AGREE THAT THE LAWS OF THE STATE OF CALIFORNIA, WITHOUT REGARD TO ITS CONFLICT OF LAW RULES, GOVERN THIS AGREEMENT AND ANY DISPUTES BETWEEN YOU AND ANY NW ENTITIES. ANY DISPUTE NOT SUBJECT TO ARBITRATION WILL BE LITIGATED EXCLUSIVELY BY EITHER PARTY IN A COURT OF COMPETENT JURISDICTION IN EITHER THE SUPERIOR COURT OF THE STATE OF CALIFORNIA IN AND FOR THE COUNTY OF ALAMEDA OR IN THE UNITED STATES DISTRICT COURT FOR THE DISTRICT OF CALIFORNIA.
Narayan Wellness Inc reserves the right to modify or discontinue the Website and/or any Service at any time, with or without notice to you. The NW Entities shall not be liable to you or any third party should Narayan Wellness Inc exercise its right to modify or discontinue the Website and/or any Service. You acknowledge and accept that Narayan Wellness Inc does not guarantee continuous, uninterrupted or secure access to the Website and operation of the Website may be interfered with or adversely affected by numerous factors or circumstances outside of Narayan Wellness’ control.
GOOGLE MAPS/GOOGLE EARTH
You can opt-in to receive text messages regarding promotions, alerts, or appointment notifications by clicking HERE to create an account. You will receive recurring and ongoing messages. In the event you change or deactivate your mobile telephone number, you agree to promptly update your account information to ensure that your messages are not sent to the person that acquires your old number. You may opt out of the Text Services at any time by logging into your account HERE and turning notifications off. Narayan Wellness Inc does not charge a fee for the Text Services; however, depending on your messaging plan, your mobile carrier may charge you message and data rates for each message sent to you or that you send. It is your responsibility to know whether your carrier will charge you per-message costs (for instance, if you do not have an unlimited texting plan, or have exceeded your monthly quota of free messages). We assume no responsibility for charges incurred by your use of the Text Services.
The Text Services may not be available in all areas at all times. This means we may not be able to successfully transmit Text Services to you, and we have no liability for any such transmission delay or message failure. The Text Services may not work in the event of product, software, coverage, or other changes made by your wireless carrier or changes you make to your mobile device. You must provide your own wireless device, subscribe to a wireless service on a participating mobile carrier, and be able to receive text messages using that wireless device and your carrier’s service to use or receive the Text Services.
Compatible carriers for Text Services include: AT&T, T-Mobile®, Verizon Wireless, Sprint, Boost, U.S. Cellular, Cellular One, MetroPCS, ACS/Alaska, Bluegrass Cellular, Cellular One of East Central Illinois, Centennial Wireless, Cox Communications, EKN/Appalachian Wireless, GCI, Illinois Valley Cellular, Immix/Keystone Wireless, Inland Cellular, Nex-Tech Wireless, Rural Cellular Corporation, Thumb Cellular, United Wireless, West Central (WCC), Cellcom, Cellsouth, Cricket, Cincinnati Bell and Virgin Mobile.
T-Mobile® is not liable for delayed or undelivered messages..
Consent to receive the Text Services is not required as a condition of purchasing any goods or services. Text messages may be sent using an automatic telephone dialing system which do not accept incoming messages.
You are solely responsible for maintaining the confidentiality of your password and account. Please do not share your password or account information.
Gift Certificate Purchases: To purchase gift certificates on the Website, you will be required to enter your credit card information.
Appointment Reservations Using the Website: To reserve appointments for any sessions through the Website, you will be required to enter your credit card information, which is used by Narayan Wellness Inc to ensure payment of the service you booked. Payment is due at the start time of your booked appointment. By scheduling an appointment through the Website, you agree to Narayan Wellness Inc’s 24 hour Cancellation Policy and agree to pay the full price of any and all booked services that you; a) cancel within 24 hours of the booked appointment start time, and b) fail to attend. You will promptly update your account information with any changes (for example, a change in your billing address or credit card expiration date) that may occur.
You represent and warrant that your credit card information is true and that you are authorized to use the credit card.
You assume all knowledge of applicable law and are responsible for compliance with any such laws. You may not use the Website or any Service in any way that violates applicable state, federal, or international laws, regulations or other government requirements. You further agree not to transmit any material that encourages conduct that could constitute a criminal offense, give rise to civil liability or otherwise violate any applicable local, state, national, or international law or regulation.
Narayan Wellness Inc reserves all rights to all content included or available on the Website, including site design, text, graphics containing the Narayan Wellness Logo, interfaces, and the selection and arrangements thereof except those related to third parties protected by their respective intellectual property rights. Any use of materials on the Website, including reproduction for purposes other than those noted above, modification, distribution, or replication, any form of data extraction or data mining, or other commercial exploitation of any kind, without prior written permission of an authorized officer of Narayan Wellness Inc is strictly prohibited. You agree not to use any robot, spider, or other automatic device, or manual process to monitor or copy the Website and/or any content or information contained on it without prior written permission of an authorized officer of Narayan Wellness Inc.
Narayan Wellness, Narayan Wellness Inc, NarayanWellness.com and the Narayan Wellness Logo are proprietary marks of Narayan Wellness Inc. Proprietary marks may not be used in connection with any product or service that is not provided by Narayan Wellness Inc, in any manner that is likely to cause confusion among customers, or in any manner that disparages or discredits Narayan Wellness Inc.
All other trademarks and/or proprietary marks displayed in the Website, if any, are the trademarks and/or proprietary marks of their respective owners, and constitute neither an endorsement nor a recommendation of those vendors. In addition, such use of trademarks or links to the sites of vendors is not intended to imply, directly or indirectly, that those vendors endorse or have any affiliation with Narayan Wellness Inc.