THE PRACTICE PRIVACY POLICY

This web site, which is located at www.practicebodymindsoul.com (the “Site”), is published and maintained by Practice Body Mind Soul Company LLC, with offices located at 1500 Old Northern Boulevard, Roslyn, New York (“Practice”). This Privacy Policy governs your access to and use of the Site and any other website, microsite, mobile device application, or Internet property owned, or operated by Practice, and related services (collectively with the Site, the "Practice Web Properties”). By visiting the Practice Web Properties, and/or using the related services, you agree to the terms of this Privacy Policy as they may be amended from time to time. As we update and expand our services, this Privacy Policy may change, so check back to this page from time to time. This Privacy Policy is incorporated into, and part of, the Ruby and Jenna Terms of Use, which governs your use of the Practice Web Properties. The Practice Web Properties are intended for users who are located in the United States of America, and shall be interpreted under the laws of the United States of America.

PURPOSE

Your privacy is a serious matter to us. In order to make your visits to the Practice Web Properties and use of the related services as worthwhile as possible, we may ask you for Personal Information and we may collect certain information from your computer each time you visit us. "Personal Information" includes, for example, your name; your username on third-party social media sites; home and/or business address; e-mail address; telephone, wireless and/or fax number; short message service or text message address or other wireless device address; instant messaging address; credit/debit card and other payment information; location information; language preferences; demographic information and/or other information that may identify you as an individual or allow online or offline contact with you as an individual. This Privacy Policy explains, in general, what Personal Information and other information is collected via the Practice Web Properties, how the information is used, and with whom we may share such information. Please take a few minutes to read our Privacy Policy so that you understand how Practice treats your information.

RIGHT TO OPT OUT

You have the right to "opt-out" of certain of our uses of your Personal Information. For example, at the time you are requested to provide Personal Information on the Practice Web Properties, you may have the opportunity to elect to, or not to: (1) receive correspondence from us, or (2) have your Personal Information shared with other entities for their marketing purposes. (We will not share, sell or trade your Personal Information with other entities outside of Ruby and Jenna for their marketing purposes without your permission. See the "Do we share Personal Information and Usage Information with others?" section below for more information about our data sharing practices.) You may also make this request by visiting our unsubscribe page. You may also opt-out of Practice's promotional e-mails by clicking on an opt-out link within the e-mail you receive.

Please understand that if you opt-out of receiving promotional correspondence from us, we may still contact you in connection with your relationship, activities, transactions, and communications with us. Also, a request to have us stop sharing your Personal Information with other entities for marketing purposes will only apply as of the date of your request, and we will not be responsible for any communications that you may receive from entities that received your Personal Information prior to such request. In these cases, please contact that entity directly.

WHAT INFORMATION IS COLLECTED?

USER-PROVIDED INFORMATION

We may collect Personal Information from users of our Practice Web Properties, for example, through such users' activities, transactions and completion of online forms on the Practice Web Properties. Such information is collected, for example, when users register or subscribe for accounts, electronic newsletters, or features on our Practice Web Properties, make online purchases, enter sweepstakes and contests, complete surveys, post materials, contribute to a chat room, bulletin board, list serve, blog, wiki or other open forum that we may make available on or through our Practice Web Properties, submit a comment or question to us using a "contact us" or similar feature on our Practice Web Properties, send us an e-mail, or in any other way submit Personal Information to us via our Practice Web Properties.

You may be able to send information about our products and services to your friends and family members through the Practice Web Properties by clicking on an "E-mail to Friend" or similar button on the Practice Web Properties or in an e-mail that we have sent you. In some of these cases (unless you simply forward our e-mail on your own), you may provide the name and e-mail address of your friend or family member to us. Such information will be treated in accordance with this Privacy Policy and applicable law. You may also be able to send an online card or message to a friend or family member, or send them a gift or gift certificate. If so, you may be required to provide us with your friend's or family member's Personal Information. Such information will be treated in accordance with this Privacy Policy and applicable law.

USAGE INFORMATION

We automatically collect anonymous Usage Information that does not identify an individual user ("Usage Information"). For example, each time you use the Practice Web Properties we automatically collect the type of Web browser you use, your operating system, your Internet Service Provider, your IP address, the pages you view, and the time and duration of your visits to such Practice Web Properties. We use this information to help us understand how people use Practice Web Properties, and to enhance the products and services we offer.

COOKIES

We may use "cookies" to keep, and sometimes track, analytics and information about you. Cookies are small data files that are sent to your browser or related software from a Web server and stored on your computer's or mobile device’s hard drive. Cookies track where you travel on the Practice Web Properties and what you look at and purchase. They may store the information in your shopping cart, and/or your username and/or password. A cookie may enable us to relate your use of the Practice Web Properties to other information about you, including your Personal Information. All of these purposes serve to improve and personalize your experience on the Practice Web Properties, to determine which areas and features of the Practice Web Properties are most popular, and to make improvements and updates to enhance the Practice Web Properties experience.

Most Web browsers can be set to inform you when a cookie has been sent to you and provide you with the opportunity to refuse that cookie. Additionally, if you have a Flash player installed on our computer, your Flash player can be set to reject or delete Flash cookies. However, refusing a cookie may, in some cases, preclude you from using, or negatively impact the display or function of, the Practice Web Properties or certain areas or features of the Practice Web Properties including preventing you from purchasing products from the Practice Web Properties.

CLEAR GIFS

We may use "clear GIFs" (aka "Web beacons" or "pixel tags") or similar technologies, in the Practice Web Properties and/or in our communications with you to enable us to know whether you have visited a Web page or received a message. A clear GIF is typically a one-pixel, transparent image (although it can be a visible image as well), located on a Web page or in an e-mail or other type of message, which is retrieved from a remote site on the Internet enabling the verification of an individual's viewing or receipt of a Web page or message. A clear gif may enable us to relate your viewing or receipt of a Web page or message to other information about you, including your Personal Information.

IP ADDRESS AND CLICKSTREAM DATA

Our server automatically collects data about your server's Internet address when you visit us. This information, known as an Internet Protocol address, or IP Address, is a number that is automatically assigned to your computer by your Internet service provider whenever you are on the Internet. When you request pages from the Practice Web Properties, our servers may log your IP Address, domain name, location, language preferences and other aggregate information. Our servers may also record the referring page that linked you to us (e.g., another Web site or a search engine); the pages you visit on the Practice Web Properties; the Web site you visit after the Practice Web Properties; the ads you see and/or click on; your product interests and purchases; other information about the type of Web browser, computer, platform, related software and settings you are using; any search terms you have entered on the Practice Web Properties or a referral site; and other Web usage activity and data logged by our Web servers. We use this information for internal system administration, to help diagnose problems with our server, and to administer the Practice Web Properties. Such information may also be used to gather broad demographic information, such as country of origin and Internet Service Provider. We may also link this information with your Personal Information. Any or all of these activities with regard to Web Site Usage Information may be performed on our behalf by our services providers.

HOW IS THE PERSONAL INFORMATION USED?

We will use the Personal Information you provide to the Practice Web Properties, for example, to respond to your requests and to provide you with our product and service offerings. For example, we will process your orders, respond to your requests and inquiries and provide you with the products, services and features offered on or through the Practice Web Properties. We may also use your Personal Information to help us develop and improve the Practice Web Properties, tailor the Practice Web Properties to your interests, and maintain our internal record keeping. We may match information collected from you through different means or at different times, including both Personal Information and Usage Information, and use such information along with information obtained from other sources, including third parties. In addition, we may send you notices (for example, in the form of e-mails, mailings, and the like), and otherwise correspond with you, about products, services, companies, promotions, contests and events, sponsored by us and others, that we think might interest you. Practice may offer electronic newsletters and e-mails as a service to our users. You will only receive a newsletter or promotional e-mail from Practice if you agree during registration, or during your other activities on or through the Practice Web Properties, or using our newsletter sign up form, to receive these items. Unsubscribe instructions are included in each electronic newsletter and e-mail. You may opt-out of receiving such notices from us by following the instructions in the Right to Opt Out section above. We may analyze user behavior as a measure of interest in, and use of, the Practice Web Properties and e-mails, both on an individual basis and in the aggregate.

Do we share Personal Information and Usage Information with others?

CO-SPONSORED CONTESTS, SWEEPSTAKES AND OFFERINGS

Some of our contests, sweepstakes and other offerings that we may make available on or through the Practice Web Properties from time to time may be co-sponsored by another company. In those situations, the information we obtain from you in connection with such contest, sweepstake or offering may be shared with our co-sponsor, unless you instruct us not to by following the instructions in the Right to Opt Out section. In those situations, our co-sponsors will have the right to use your information for their own purposes, in accordance with their own policies. We are not responsible for how our co-sponsors may use your information.

SERVICE PROVIDERS

Currently, we use a third party partner to provide our e-commerce solution, and we may use other third party partners to help operate the Practice Web Properties and deliver our products and services. We may share your information with third party e-commerce solution partners, our affiliates, service providers, and other third parties that provide products or services for or through the Practice Web Properties or for our business (such as Practice Web Properties hosting or database hosting companies, address list hosting companies, e-mail service providers, analytics companies, distribution companies, fulfillment companies, wireless device applications, and other similar service providers that use such information on our behalf). We require our service providers to maintain the confidentiality of your Personal Information.

AGGREGATE STATISTICS

We may disclose aggregate statistics regarding user behavior as a measure of interest in, and use of, the Practice Web Properties and e-mails to third parties in the form of aggregate data, such as overall patterns or demographic reports that do not describe or identify any individual user. Aggregate information is non-personally identifiable/anonymous information about you, such as age, gender, types of products purchased, pages you access most frequently or search terms you enter. Aggregate information is used in a collective manner, and no single person can be identified by that compiled information. For example, the number of people who visit www.practicebodymindsoul.com who are 25 years of age is aggregate information that does not personally identify a specific user.

LEGALLY COMPELLED DISCLOSURES

We may disclose user information to government authorities, and to other third parties when compelled to do so by government authorities, at our discretion, or otherwise as required by law in our good faith belief, including but not limited to in response to court orders and subpoenas and as otherwise required in connection with a judicial or government proceeding or legal process. We also may disclose user information when we have reason to believe that someone is causing injury to or interference with our rights or property, other users of the Practice Web Properties, or anyone else that could be harmed by such activities. Practice cooperates with law enforcement inquiries and other third parties to enforce laws, intellectual property rights and other rights.

BUSINESS TRANSFER

In the event that Practice, or substantially all of its assets, are acquired by one or more third parties as a result of an acquisition, merger, sale, reorganization, consolidation or liquidation, Personal Information may be one of the transferred assets.

THIRD PARTY AD SERVERS

We may use third-party advertising companies to serve ads when you visit the Practice Web Properties. If so, a list of these ad serving companies will be available here. These companies may use information (generally not including your name, address email address or telephone number) about your visits to the Practice Web Properties and other Web sites in order to provide advertisements about goods and services of interest to you. These companies may employ cookies and clear gifs to measure advertising effectiveness. Any information that these third parties collect via cookies and clear gifs is generally not personally identifiable (unless, for example, you provide personally identifiable information to them through an ad or e-mail message). We encourage you to read these businesses' privacy policies if you should have any concerns about how they will care for your Personal Information. If you would like more information about this practice and to know your choices about not having this information used by these companies, see the Network Advertising Initiative's consumer Web site at http://www.networkadvertising.org/consumer/.

WIRELESS ADDRESSES

If the email address you provide to us is a wireless email address, you agree to receive messages at such address from Practice (unless and until you have elected not to receive such messages by following the instructions in the Right to Opt Out section above). You understand that your wireless carrier's standard rates apply to these messages, and that you may change your mind at any time by following the instructions in the Right to Opt Out section above. You represent that you are the owner or authorized user of the wireless device on which messages will be received, and that you are authorized to approve the applicable charges.

**YOUR ACCESS RIGHTS You may review the Personal Information that is stored in your user account on www.practicebodymindsoul.com by logging in at "My Account" or by calling our customer service department. We will send you a copy of the Personal Information we have on file in your user account (if any). You may provide us new or updated information at any time. We will endeavor to respond to your request to access, update or delete your information as soon as practicable. Before we are able to provide you with any information, correct any inaccuracies or delete any information, however, we may ask you to verify your identity and to provide other details to help us to respond to your request.

SECURITY

Protecting your information is a priority for Practice. Practice will take reasonable steps to protect the security and integrity of all Personal Information provided to the Practice Web Properties. For example, we use industry standard Secure Socket Layer (SSL) technology to protect the security of your sensitive online transactions. However, due to the inherent nature of the Internet as an open global communications vehicle, we cannot guarantee that information, during transmission through the Internet or while stored on our system or otherwise in our care, will be absolutely safe from intrusion by others, such as hackers. No transmission of data over the Internet is guaranteed to be completely secure. It may be possible for third parties not under the control of Practice to intercept or access transmissions or private communications unlawfully. While we strive to protect your personal information, Practice cannot ensure or warrant the security of any information you transmit to us. Any such transmission is done at your own risk.

If you contact us by e-mail, you should be aware that your transmission might not be secure. A third party could view information you send by these methods in transit.

You may be able to create an account on the Practice Web Properties with a username and password. If so, you are responsible for maintaining the strict confidentiality of your account password, and you shall be responsible for any access to or use of the Practice Web Properties by you or any person or entity using your password, whether or not such access or use has been authorized by or on behalf of you, and whether or not such person or entity is your employee or agent. You agree to (a) immediately notify Practice of any unauthorized use of your password or account or any other breach of security, and (b) ensure that you exit from your account at the end of each session. It is your sole responsibility to control the dissemination and use of your password, control access to and use of your account, and notify Practice when you desire to cancel your account on the Practice Web Properties. We will not be responsible or liable for any loss or damage arising from your failure to comply with this provision, and you agree to indemnify and hold harmless Practice for any improper, unauthorized or illegal use of your account.

We will have no liability for disclosure of your information due to errors or unauthorized acts of third parties during or after transmission.

In the unlikely event that we believe that the security of your Personal Information in our possession or control may have been compromised, we may seek to notify you of that development. If a notification is appropriate, we would endeavor to do so as promptly as possible under the circumstances, and, to the extent we have your e-mail address, we may notify you by e-mail. You consent to our use of e-mail as a means of such notification.

PHISHING

With identity theft a continuing problem, it has become increasingly common for unauthorized individuals purporting to represent a legitimate company such as a bank or on-line merchant, to send e-mail messages to consumers requesting that the consumer provide personal, often sensitive information. Sometimes, the domain name of the e-mail address from which the e-mail appears to have been sent, and the domain name of the web site requesting such information, appears to be the domain name of a legitimate, trusted company. In reality, such sensitive information is received by an unauthorized individual to be used for purposes of identity theft. This illegal activity is known as "phishing."

If you receive an e-mail or other correspondence requesting that you provide any sensitive information (including your Practice Web Properties password or credit/debit card information) via e-mail or to a web site that does not seem to be affiliated with the Practice Web Properties, or that otherwise seems suspicious to you, please do not provide such information, and report such request to us by calling customer service.

CHILDREN AND PRIVACY

Practice is concerned about the safety of children when they use the Internet. We encourage parents and guardians to spend time with their children online and to be familiar with the sites their children visit. We will never knowingly request personally identifiable information from anyone under the age of 13 without prior verifiable parental consent when legally required. If we become aware that a customer is under the age of 13 and has registered without the legally required prior verifiable parental consent, we will remove his or her personally identifiable registration information from our files.

Information posted to message boards, chat areas, club and home pages are available to the general public. Please use caution when posting any such information. Users under the age of 18 should be particularly careful not to provide any personally identifying information while using chat rooms, message boards, or any other public forums. Users of chat areas, message boards, or any other public forums must follow acceptable standards of behavior when posting messages online. Practice reserves the right to, but is not obligated to, refuse or delete any content that in our sole discretion is considered inappropriate.

CONSENT TO PROCESSING

The Practice Web Properties are hosted and operated in the United States, pursuant to United States law. By providing Personal Information to the Practice Web Properties, you understand and consent to the collection, maintenance, processing and transfer of such information in and to the United States and other countries and territories.

THIRD PARTY "LINKED-TO" WEB SITES

When you are on the Practice Web Properties you may have the opportunity to visit, or link to, other sites not operated by Practice, including other Web sites operated by unaffiliated third parties. These sites may collect Personal Information about you. Practice does not control sites that are operated by these entities and is not responsible for the information practices of these sites. This Privacy Policy does not address the information practices of those other Web sites.

CHANGES TO THIS PRIVACY POLICY

Practice reserves the right to change or update this Privacy Policy, or any other of our policies or practices, at any time, and will notify users of the Practice Web Properties by posting such changed or updated Privacy Policy on this page. Any changes or updates will be effective immediately upon posting to www.practicebodymindsoul.com. Your continued use of the Practice Web Properties constitutes your agreement to abide by the Privacy Policy as changed. Under certain circumstances (for example, if we would like to use your Personal Information in a manner different from that stated in our Privacy Policy at the time of collection), we may also elect to notify you of changes or updates to our Privacy Policy by additional means, such as by sending you an e-mail.

CONTACT US

If you have any questions or comments regarding our privacy practices, you may contact us.

 


 

TERMS OF USE

THE PRACTICE TERMS OF USE

The following Terms of Use (and all applicable laws) govern your access to and use of the web site located at www.practicebodymindsoul.com (the “Site”) and any other website, microsite, mobile device application, or Internet property owned, or operated by Practice, and related services (collectively with the Site, the " Practice Web Properties”). The Practice Web Properties are made available by Practice Body Mind Soul Company LLC ("Practice" or "we" or "us"). Your access to and use of the Practice Web Properties is undertaken at your own risk. We may change these Terms of Use from time to time, at any time without notice to you, by posting such changes on www.rubyandjenna.com. BY USING THE Practice WEB PROPERTIES, YOU ACCEPT AND AGREE TO THESE TERMS OF USE AS APPLIED TO YOUR USE OF THE Practice WEB PROPERTIES. If you do not agree to these Terms of Use, you may not access or otherwise use the Practice Web Properties.

Proprietary Rights

As between you and Practice, Practice owns, solely and exclusively, all rights, title and interest in and to the Practice Web Properties, all the content (including, for example, audio, photographs, illustrations, graphics, other visuals, video, copy, software, etc.), code, data and materials thereon, the look and feel, design and organization of the Practice Web Properties, and the compilation of the content, code, data and materials on the Practice Web Properties, including but not limited to any copyrights, trademark rights, patent rights, database rights, moral rights, sui generis rights and other intellectual property and proprietary rights therein. Your use of the Practice Web Properties does not grant to you ownership of any content, code, data or materials you may access on the Practice Web Properties. You may view the content on the Practice Web Properties on your computer or other Internet compatible device, and make single copies or prints of the content on the Practice Web Properties for your personal, internal use only. The Practice Web Properties and the services offered on or through the Practice Web Properties, including any content and materials thereon, are only for your personal, non-commercial use. Any commercial distribution, publishing or exploitation of the Practice Web Properties, or any content, code, data or materials on the Practice Web Properties, is strictly prohibited unless you have received the prior written permission of Practice or the applicable rights holder. You may not otherwise download, display, copy, reproduce, distribute, modify, perform, transfer, create derivative works from, sell or otherwise exploit any content, code, data or materials on the Practice Web Properties. If you make other use of the Practice Web Properties, or the content, code, data or materials thereon, except as otherwise provided above, you may violate copyright and other laws of the United States, other countries, as well as applicable state laws and may be subject to liability for such unauthorized use. Practice will enforce its intellectual property rights to the fullest extent of the law, including the seeking of criminal prosecution.

Trademarks

The trademarks, logos, service marks and trade names (collectively the "Trademarks") displayed on the Practice Web Properties are registered and unregistered Trademarks of Practice and/or others and may not be used in connection with products and/or services that are not related to, associated with, or sponsored by their rights holders that are likely to cause customer confusion, or in any manner that disparages or discredits their rights holders. Nothing contained on the Practice Web Properties should be construed as granting, by implication, estoppel, or otherwise, any license or right to use any Trademark displayed on the Practice Web Properties without the prior written permission of Practice or the third party that may own the applicable Trademark. Your misuse of the Trademarks displayed on the Practice Web Properties is strictly prohibited. Practice will enforce its Trademark rights to the fullest extent of the law, including the seeking of criminal prosecution.

User Information

In the course of your use of the Practice Web Properties, you may be asked to provide certain personalized information to us (such information referred to hereinafter as "User Information"). Our information collection and use policies with respect to the privacy of such User Information are set forth in the Practice Privacy Policy which is incorporated herein by reference for all purposes. You acknowledge and agree that you are solely responsible for the accuracy and content of User Information, and you agree to keep it up to date.

Use of the Practice Web Properties

You are responsible for your use of Practice Web Properties, and for any use of Practice Web Properties made using your account. At Practice, our goal is to create a positive and safe experience when you and others use Practice Web Properties. To promote this goal, we prohibit certain kinds of conduct that may be harmful to other users or to Practice. When you use Practice Web Properties, you may not:

    • violate any law or regulation;
    • violate or infringe other party’s intellectual property, privacy, publicity, or other legal rights;
    • transmit anything that is illegal, abusive, harassing, harmful to reputation, pornographic, indecent, profane, obscene, hateful, racist, or otherwise objectionable;
    • make statements or post materials that constitute or contain false or misleading indications of origin, endorsements, or statements of fact;
    • send unsolicited or unauthorized advertising or commercial communications, such as spam;
    • transmit any malicious or unsolicited software;
    • stalk, harass, or harm another individual;
    • impersonate or misrepresent your affiliation with someone else;
    • use any means to "scrape," "crawl," or "spider" any Web pages contained in Practice Web Properties (although Practice may allow operators of public search engines to use spiders to index materials from Practice Web Properties for the sole purpose of creating publicly available searchable indices of the materials, but not caches or archives of such materials, and Practice reserves the right to revoke these exceptions either generally or in specific cases);
    • use automated methods to use Practice Web Properties in a manner that sends more requests to the Practice servers in a given period of time than a human can reasonably produce in the same period by using a conventional Web browser; or
    • interfere with or disrupt Practice Web Properties.

User Generated Content

As between you and Practice, you own and are entirely responsible for any data, text, software, music, sound, photographs, graphics, images, videos, messages, or other content or materials (collectively, "User Content") that you may submit, transmit, upload, post, e-mail, or otherwise make available on or through any Practice Web Properties.

When you provide Practice with User Content, you hereby grant to Practice and its affiliates, representatives, and assigns, a worldwide, non-exclusive, fully paid, royalty free, transferable, sub-licensable, license and permission to use, copy, display and perform your User Content in connection with Practice Web Properties. You acknowledge and agree that you have no expectation of compensation or confidentiality of any nature with respect to any User Content. Practice reserves the right to display advertisements in connection with your User Content and to use your User Content to advertise and promote your User Content, Practice Web Properties, and Practice and its products. Practice reserves the right to modify User Content in its sole and absolute discretion. Practice is not required to host, display, or distribute any User Content, and may remove any User Content from Practice Web Properties at any time and for any reason or no reason.

You represent and warrant that: (a) you own all rights in your User Content (including, without limitation, all rights to the audio, video, or digital recording, and the performance contained in your User Content) or, alternatively, you have acquired all necessary rights in your User Content to enable you to grant to Practice the rights in your User Content described herein; (b) you have paid and will pay in full all license fees, clearance fees, and any other financial obligations, of any kind, arising from any use or commercial exploitation of your User Content; (c) you are the individual pictured or heard in your User Content, or, alternatively, you have obtained permission from each person (including consent from parents or guardians for any individual under the applicable age of majority) who appears or is heard in your User Content to enable you to grant the rights to Practice described herein; (d) you will make such permissions available to Practice upon request; (e) your User Content do not infringe the intellectual property rights, privacy rights, publicity rights, or any other legal rights of any third party; and (f) your User Content complies with these Terms of Use. You agree to keep all records necessary to establish that your User Content do not violate any of the foregoing representations and warranties and to make such records available to Practice upon Practice's request.

You further agree that Practice and its affiliates are free to use for any purpose whatsoever, ideas, know-how, concepts, techniques, comments, criticisms, reports, or other feedback other than User Content ("Feedback"), whether oral or written, that you may send to Practice or its affiliates. You acknowledge and agree that (i) you have no expectation of compensation or confidentiality of any nature, and that Practice has no duties to you, with respect to such Feedback, and (ii) Practice has the right (but not the obligation) to use such Feedback for any purpose without notice to you and without paying any compensation to you.

Practice reserves the right, but does not have an obligation, to monitor and/or review User Content. Practice does not endorse or control the User Content transmitted or posted on the Practice Web Properties and therefore, Practice is not responsible for User Content and Practice does not guarantee the accuracy, integrity, or quality of User Content, which may not necessarily reflect the views of Practice. You understand that by using the Practice Web Properties, you may be exposed to User Content that is offensive, indecent, or objectionable to you. Under no circumstances will Practice be liable in any way for any User Content, including, without limitation, for any errors or omissions in any User Content, or for any loss or damage of any kind incurred by you as a result of the use of any User Content submitted, transmitted, uploaded, posted, e-mailed, or otherwise made available via the Practice Web Properties. Practice has no control over User Content once it leaves the Practice Web Properties, and it is possible that others may duplicate User Content on other sites on the Internet.

You acknowledge that Practice has the right – though not the obligation – in our sole discretion to refuse to post or remove any User Content and it reserves the right to change, condense, edit, modify, transmit, display, or delete any User Content and you waive any rights you have in having the material altered or changed in a manner not agreeable to you. Without limiting the generality of the foregoing or any other provision of these Terms of Use, Practice has the right to remove any User Content that violates this User Generated Content Policy or is otherwise objectionable, and it reserves the right to refuse service and/or terminate access without prior notice for any user who violates this User Generated Content Policy or infringes the rights of others.

You agree that if you include a link from any other Web site to www.practicebodymindsoul.com or to any of the Practice Web Properties, such link shall open in a new browser window. You agree not to link from any other Web site to www.practicebodymindsoul.com or to any of the Practice Web Properties in any manner such that the Practice Web Properties, or any page of the Practice Web Properties, is "framed," surrounded or obfuscated by any third party content, materials or branding. We reserve the right to revoke your right to link to the Practice Web Properties from your Web site at any time upon written notice to you.

Unless specifically requested, we do not solicit nor do we wish to receive any confidential, secret, or proprietary information, or other material from you through the Practice Web Properties, by e-mail, or in any other way. Any information, creative works, demos, ideas, suggestions, concepts, methods, systems, designs, plans, techniques, or other materials submitted or sent to us will be deemed not to be confidential or secret, and may be used by us in any manner consistent with the Practice Privacy Policy.

Practice reserves the right to disclose any information as necessary to satisfy any law, regulation or government request, or to edit, refuse to post or to remove any information or materials, in whole or in part, that in Practice's sole discretion are objectionable or in violation of these Terms of Use, Practice's policies or applicable law.

Digital Millennium Copyright Act

Practice respects the intellectual property rights of others. Upon proper notice, Practice will remove User Content or other applicable content that violate copyright law and terminate the accounts of repeat infringers. Pursuant to 17 U.S.C. § 512, Practice has implemented procedures for receiving written notification of claimed copyright infringement and for processing such claims in accordance with such law. If you believe your work has been copied in a way that constitutes copyright infringement, please send Practice’s copyright agent (listed below) a notification of claimed infringement with all of the following information:

    • (a) identification of the copyrighted work claimed to have been infringed, or, if multiple copyrighted works are covered by a single notification, a representative list of such works;
    • (b) identification of the claimed infringing material and information reasonably sufficient to permit Practice to locate the material on the Practice Web Properties;
    • (c) information reasonably sufficient to permit Practice to contact you, such as an address, telephone number, and, if available, an e-mail address;
    • (d) a statement by you that you have a good faith belief that the disputed use is not authorized by the copyright owner, its agent, or the law;
    • (e) a statement by you, made under penalty of perjury, that the above information in your notification is accurate and that you are the copyright owner or authorized to act on the copyright owner's behalf; and
    • (f) your physical or electronic signature.

Please send all of the above enumerated information to the following Practice copyright agent:

Legal Department – General Counsel

Practice Body Mind Soul Company LLC

1500 Old Northern Blvd.

Roslyn, New York [____]

Please do not send notices or inquiries unrelated to alleged copyright infringement to Practice’s designated agent.

User Conduct

You warrant and agree that you shall not: (a) impersonate any person or entity, whether actual or fictitious, or misrepresent your affiliation with any other person or entity; (b) upload, post, publish, transmit, reproduce, distribute or in any way exploit any information or other material obtained through the Practice Web Properties for commercial purposes (other than as expressly permitted by the provider of such information or other material); or (c) attempt to gain unauthorized access to other computer systems through the Practice Web Properties. You may not: (i) engage in spidering, "screen scraping," "database scraping," harvesting of e-mail addresses, wireless addresses or other contact or personal information, or any other automatic means of obtaining lists of users or other information from or through the Practice Web Properties or the services offered on or through the Practice Web Properties, including without limitation any information residing on any server or database connected to the Practice Web Properties or the services offered on or through the Practice Web Properties; (ii) obtain or attempt to obtain unauthorized access to computer systems, materials or information through any means; (iii) use the Practice Web Properties or the services made available on or through the Practice Web Properties in any manner with the intent to interrupt, damage, disable, overburden, or impair the Practice Web Properties or such services, including, without limitation, sending mass unsolicited messages or "flooding" servers with requests; or (iv) use the Practice Web Properties or the Practice Web Properties’ services in violation of any applicable law. You further agree that you may not attempt (or encourage or support anyone else's attempt) to circumvent, reverse engineer, decrypt, or otherwise alter or interfere with the Practice Web Properties or the Practice Web Properties’ services, or any content thereof, or make unauthorized use thereof. You agree that you will not use the Practice Web Properties in any manner that could damage, disable, overburden, or impair the Practice Web Properties or interfere with any other party's use and enjoyment of the Practice Web Properties. You may not obtain or attempt to obtain any materials or information through any means not intentionally made available or provided for through the Practice Web Properties.

You agree to defend, indemnify and hold Practice and its directors, officers, members, managers, employees and agents harmless from any and all claims, liabilities, costs and expenses, including reasonable attorneys' fees, arising in any way from your use of the Practice Web Properties, your placement or transmission of any message, content, information, software, or other User Content or Feedback through the Practice Web Properties, or your breach or violation of the law or of these Terms of Use. Practice reserves the right, at its own expense, to assume the exclusive defense and control of any matter otherwise subject to indemnification by you, and in such case, you agree to cooperate with Practice's defense of such claim.

Orders for Products and Services

We may make certain products available to visitors and registrants of the Practice Web Properties. You may only order products if, and you hereby represent and warrant that, you are domiciled in the United States and you are 18 years old or older. You agree to pay in full the prices for any purchases you make either by credit/debit card concurrent with your online order or by other payment means acceptable to Practice. You agree to pay all applicable taxes. If payment is not received by us from your credit or debit card issuer or its agents, you agree to pay all amounts due upon demand by us. You agree that you are not permitted to resell any products purchased through any of the Practice Web Properties for commercial purposes.

Third Party Web Sites, Resources, and Applications

You may be able to access or use the Practice Web Properties from a third party Web site, Internet resource, or software application ("Linked Sites"). You may also be able access and use a Linked Site from a link available on the Practice Web Properties. You acknowledge and agree that we have no responsibility for the information, content, products, services, advertising, code, or other materials which may or may not be provided by or through Linked Sites. The inclusion of any link to such Linked Sites on any of the Practice Web Properties does not imply Practice's endorsement, sponsorship, or recommendation of that site or of any product or service offered by that site. Practice disclaims any liability for Linked Sites. Practice does not guarantee the standards or practices of any Linked Site nor shall Practice be held responsible for the contents of such Linked Sites. For this reason, Practice does not represent or warrant that the contents of any Linked Site is accurate, compliant with state or federal law, or compliant with copyright or other intellectual property laws. Also, Practice is not responsible for web casting or any other form of transmission received from any Linked Site. Any reliance on the contents of a Linked Site is done at your own risk and you assume all responsibilities and consequences resulting from such reliance.

DISCLAIMER OF WARRANTIES

THE PRACTICE WEB PROPERTIES, INCLUDING, WITHOUT LIMITATION, ALL SERVICES, CONTENT, FUNCTIONS AND MATERIALS, ARE PROVIDED "AS IS," "AS AVAILABLE", WITHOUT WARRANTY OF ANY KIND, EITHER EXPRESS OR IMPLIED, INCLUDING, WITHOUT LIMITATION, ANY WARRANTY FOR INFORMATION, DATA, DATA PROCESSING SERVICES, UPTIME OR UNINTERRUPTED ACCESS, ANY WARRANTIES CONCERNING THE AVAILABILITY, ACCURACY, USEFULNESS, OR CONTENT OF INFORMATION, AND ANY WARRANTIES OF TITLE, NON-INFRINGEMENT, MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE, AND WE HEREBY DISCLAIM ANY AND ALL SUCH WARRANTIES, EXPRESS AND IMPLIED. WE DO NOT WARRANT THAT THE PRACTICE WEB PROPERTIES OR THE SERVICES, CONTENT, FUNCTIONS, OR MATERIALS CONTAINED THEREIN WILL BE TIMELY, SECURE, UNINTERRUPTED, OR ERROR FREE, OR THAT DEFECTS WILL BE CORRECTED. WE MAKE NO WARRANTY THAT THE PRACTICE WEB PROPERTIES WILL MEET USERS' REQUIREMENTS. NO ADVICE, RESULTS OR INFORMATION, WHETHER ORAL OR WRITTEN, OBTAINED BY YOU FROM US OR THROUGH THE Practice WEB PROPERTIES SHALL CREATE ANY WARRANTY NOT EXPRESSLY MADE HEREIN. Practice ALSO ASSUMES NO RESPONSIBILITY, AND SHALL NOT BE LIABLE FOR, ANY DAMAGES TO, OR VIRUSES THAT MAY INFECT, YOUR COMPUTER EQUIPMENT OR OTHER PROPERTY ON ACCOUNT OF YOUR ACCESS TO, USE OF, OR BROWSING IN THE Practice WEB PROPERTIES OR YOUR DOWNLOADING OF ANY MATERIALS, DATA, TEXT, IMAGES, VIDEO, OR AUDIO FROM THE PRACTICE WEB PROPERTIES. IF YOU ARE DISSATISFIED WITH THE PRACTICE WEB PROPERTIES, YOUR SOLE REMEDY IS TO DISCONTINUE USING THE PRACTICE WEB PROPERTIES.

WE TRY TO ENSURE THAT THE INFORMATION POSTED ON THE PRACTICE WEB PROPERTIES IS CORRECT AND UP-TO-DATE. WE RESERVE THE RIGHT TO CHANGE OR MAKE CORRECTIONS TO ANY OF THE INFORMATION PROVIDED ON THE PRACTICE WEB PROPERTIES AT ANY TIME AND WITHOUT ANY PRIOR WARNING. WE CANNOT, AND DO NOT, GUARANTY THE CORRECTNESS, PRECISION, THOROUGHNESS OR COMPLETENESS OF ANY OF THE INFORMATION AVAILABLE ON THE PRACTICE WEB PROPERTIES, NOR WILL WE BE LIABLE FOR ANY INACCURACY OR OMISSION CONCERNING ANY OF THE INFORMATION PROVIDED ON THE Practice WEB PROPERTIES.

WITHOUT LIMITATION OF THE ABOVE IN THIS SECTION, PRACTICE AND ITS AFFILIATES, SUPPLIERS, AND LICENSORS MAKE NO WARRANTIES OR REPRESENTATIONS REGARDING ANY PRODUCTS OR SERVICES ORDERED OR PROVIDED VIA THE PRACTICE WEB PROPERTIES, AND HEREBY DISCLAIM, AND YOU HEREBY WAIVE, ANY AND ALL WARRANTIES AND REPRESENTATIONS MADE IN PRODUCT OR SERVICES LITERATURE, FREQUENTLY ASKED QUESTIONS DOCUMENTS AND OTHERWISE ON THE PRACTICE WEB PROPERTIES OR IN CORRESPONDENCE WITH PRACTICE OR ITS AGENTS. ANY PRODUCTS AND SERVICES ORDERED OR PROVIDED VIA THE PRACTICE WEB PROPERTIES ARE PROVIDED BY PRACTICE "AS IS", EXCEPT TO THE EXTENT, IF AT ALL, OTHERWISE SET FORTH IN A LICENSE OR SALE AGREEMENT SEPARATELY ENTERED INTO IN WRITING BETWEEN YOU AND PRACTICE OR ITS LICENSOR OR SUPPLIER.

LIMITATION OF LIABILITY

IN NO EVENT, INCLUDING BUT NOT LIMITED TO NEGLIGENCE, SHALL PRACTICE, OR ANY OF THEIR DIRECTORS, OFFICERS, EMPLOYEES, AGENTS, OR CONTENT OR SERVICE PROVIDERS (COLLECTIVELY, THE "PROTECTED ENTITIES") BE LIABLE FOR ANY DIRECT, INDIRECT, SPECIAL, INCIDENTAL, CONSEQUENTIAL, EXEMPLARY OR PUNITIVE DAMAGES ARISING FROM, OR DIRECTLY OR INDIRECTLY RELATED TO, THE USE OF, OR THE INABILITY TO USE, THE PRACTICE WEB PROPERTIES OR THE CONTENT, MATERIALS AND FUNCTIONS RELATED THERETO, YOUR PROVISION OF INFORMATION VIA THE PRACTICE WEB PROPERTIES, OR LOST BUSINESS OR LOST SALES, EVEN IF SUCH PROTECTED ENTITY HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. SOME JURISDICTIONS DO NOT ALLOW THE LIMITATION OR EXCLUSION OF LIABILITY FOR INCIDENTAL OR CONSEQUENTIAL DAMAGES SO SOME OF THE ABOVE LIMITATIONS MAY NOT APPLY TO CERTAIN USERS. IN NO EVENT SHALL THE PROTECTED ENTITIES BE LIABLE FOR OR IN CONNECTION WITH ANY CONTENT POSTED, TRANSMITTED, EXCHANGED OR RECEIVED BY OR ON BEHALF OF ANY USER OR OTHER PERSON ON OR THROUGH THE PRACTICE WEB PROPERTIES. IN NO EVENT SHALL THE TOTAL AGGREGATE LIABILITY OF THE PROTECTED ENTITIES TO YOU FOR ALL DAMAGES, LOSSES, AND CAUSES OF ACTION (WHETHER IN CONTRACT OR TORT, INCLUDING, BUT NOT LIMITED TO, NEGLIGENCE OR OTHERWISE) ARISING FROM THE TERMS OF USE OR YOUR USE OF THE Practice WEB PROPERTIES EXCEED, IN THE AGGREGATE, THE AMOUNT, IF ANY, PAID BY YOU TO PRACTICE FOR YOUR USE OF THE PRACTICE WEB PROPERTIES OR PURCHASE OF PRODUCTS VIA THE PRACTICE WEB PROPERTIES.

Applicable Laws

We control and operate the Practice Web Properties from our offices in the United States of America. We do not represent that materials on the Practice Web Properties are appropriate or available for use in other locations. Persons who choose to access the Practice Web Properties from other locations do so on their own initiative, and are responsible for compliance with local laws, if and to the extent local laws are applicable. All parties to these Terms of Use waive their respective rights to a trial by jury.

Termination

Practice may terminate, change, suspend, or discontinue any aspect of the Practice Web Properties or the Practice Web Properties’ services at any time. If you violate any of these Terms of Use, your permission to use the Practice Web Properties automatically terminates.

Changes to Terms of Use

Practice reserves the right, at its sole and absolute discretion, to change, modify, add or remove any portion of these Terms of Use, in whole or in part, at any time. Changes in these Terms of Use will be effective when posted on the Practice Web Properties. Your continued use of the Practice Web Properties and/or the services offered on or through the Practice Web Properties after any changes to these Terms of Use are posted will be considered acceptance of those changes.

Miscellaneous

The Terms of Use and the relationship between you and us shall be governed by the laws of the State of New York, without regard to its conflict of laws provisions. You agree that any cause of action that may arise under the Terms of Use shall be commenced and be heard in the appropriate court in the State of New York, County of Nassau. You agree to submit to the personal and exclusive jurisdiction of the courts located within Nassau County in the State of New York. Our failure to exercise or enforce any right or provision of the Terms of Use shall not constitute a waiver of such right or provision. If any provision of the Terms of Use 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 parties' intentions as reflected in the provision, and the other provisions of the Terms of Use remain in full force and effect.