Terms Of Service

  • Updated July 2023

    DISCLAIMER

    You should consult your physician or other healthcare professional before starting this or any other fitness program to determine if it is right for your needs. This is particularly true if you (or your family) have a history of high blood pressure or heart disease, or if you have ever experienced chest pain when exercising or have experienced chest pain in the past month when not engaged in physical activity, smoke, have high cholesterol, are obese, or have a bone or joint problem that could be made worse by a change in physical activity. Do not start this fitness program if your physician or healthcare provider advises against it. If you experience faintness, dizziness, pain or shortness of breath at any time while exercising, you should stop immediately. Not all exercise programs are suitable for everyone. You should always consult your physician or health care specialist before performing any of the exercises in this program, especially if you have any chronic or recurring physical conditions and/or if you are pregnant, nursing, or elderly. The instruction presented herein is in no way intended as a substitute for medical advice or counseling.

    This site offers health, fitness and nutritional information and is designed for educational purposes only. You should not rely on this information as a substitute for, nor does it replace, professional medical advice, diagnosis, or treatment. If you have any concerns or questions about your health, you should always consult with a physician or other healthcare professional. Do not disregard, avoid or delay obtaining medical or health related advice from your healthcare professional because of something you may have read on this site. The use of any information provided, including workouts on this site, are solely at your own risk. By using this Website, embodyexperience.com, you agree to the Terms and Conditions of Use (“Terms &Conditions”). We reserve the right, in our sole discretion, to change, modify, add or remove portions of these Terms & Conditions at any time. You should check these Terms & Conditions periodically for changes.

    By using this Website after we post any changes to these Terms & Conditions, you agree to accept those changes, whether or not you have reviewed them. If you do not agree to these Terms & Conditions, you should not use this Website.

    IF YOU DO NOT AGREE TO THE FOLLOWING TERMS AND CONDITIONS, PLEASE DO NOT USE THE SITE.

    Meditation & Breath Work Disclaimer

    Warning: Meditation and Breathwork classes that include breathing techniques may cause, among other symptoms, dizziness, fainting, tingling, nausea, trembling, and emotional release. If you experience any symptoms stop the breathwork exercise immediately.

    Active breathwork may not be recommended for certain individuals, including anyone with the following conditions:

    Pregnancy

    Cardiovascular disease, including angina, previous heart attack, or stroke

    High Blood Pressure

    Detached Retina or Glaucoma

    Uncontrolled thyroid conditions and diabetes

    Respiratory Issues / Asthma3

    Epilepsy / Seizures

    Anxiety

    Diagnosis of bipolar disorder, schizophrenia, or previous psychiatric condition

    Always consult your healthcare provider before engaging in an active breathwork practice if you are unsure if it is a suitable practice for you, or if you experience any symptoms.

    TERMS & CONDITIONS

    By using this Website, you agree to be legally bound and to abide by these Terms & Conditions, just as if you had signed this agreement. If you do not comply with these Terms & Conditions at anytime, we reserve the right, if applicable, to terminate your password, user account, and/or access to this Website (or any part thereof). In our sole discretion and without prior notice or liability, we may discontinue, modify or alter any aspect of the Website, including, but not limited to, restricting or terminating any user’s right to use the Website.You agree that any termination or cancellation of your access to, or use of, the Website may be effected without prior notice. If you do not abide by the provisions of these Terms & Conditions, you agree that we may immediately deactivate or delete your user account and all related information and files in your user account and/or bar any further access to such information and/or files, or our Website. Further, you agree that we shall not be liable to you or any third-party for any termination or cancellation of your access to, or use of our Website.

    From time to time, we may supplement these Terms& Conditions with additional terms and conditions pertaining to specific content, activities or events (“Additional Terms”). Such Additional Terms may be placed on the Website to be viewed in connection with the specific content, activities, features or events and shall be identified as such. You understand and agree that such Additional Terms are hereby incorporated by reference into these Terms & Conditions.

    Account Renewal and Cancellation

    All paid accounts on embodyexperience.com automatically renew at the end of their terms. The subscription renewal date will always be the day immediately following the end date of your current subscription period. The card used for the subscription purchase will be charged at the end of the term outlined in your receipt, unless it is updated prior to the renewal date. If you wish to cancel your account, you can do so at any time. Once your account has been canceled, you will retain access to all paid features throughout the remainder of the term you purchased. If we are unable to process your renewal, your account may temporarily be suspended from access to paid features; your account will not be deleted, and no information will be lost or removed. Your account will remain suspended until a valid payment method is used. If you have any questions or concerns regarding your account, please contact us at hello@emilykthomas.com.

    PARENTAL OR GUARDIAN PERMISSION

    Some of the content on this Website may not be appropriate for children. CHILDREN UNDER THE AGE OF 13 ARE NOT PERMITTED TO USE THIS WEBSITE. We strongly recommend that children between the ages of 13 and 18 ask for their parent’s or guardian’s permission before viewing this Website and the workouts provided thereon.

    TRADEMARKS

    The trademarks and logos appearing on the Website are, unless otherwise noted, trademarks owned by or licensed to us. Your use of these trademarks is prohibited.

    USE OF SITE MATERIAL

    The contents of the Website, such as text, graphics, images, multimedia, and other content (the “Website Material”), are protected by copyright under both United States and foreign laws. Unauthorized use of the Website Material violates copyright, trademark, and other laws. You agree to not remove or alter in any manner any copyright, trademark and other proprietary notices contained in the original Website Material on any copy of such material. Except as expressly provided herein, you may not sell or modify the Website Material or reproduce, display, distribute, or otherwise use the Website Material in any way for any public or commercial purpose, or reverse-engineer, disassemble, or derive the source code for any Website Material. Additionally, you shall not use the Website for any unlawful purpose or in any way that could damage, disable, overburden, or impair the Website, or interfere with anyone else’s use and enjoyment of the Website. Specifically, you may not attempt to gain unauthorized access to the Website through hacking, password mining, or any other means. Use of the Website Material on any other website or in a networked environment is prohibited. We retain ownership of all Website Material, including all intellectual property rights in the Website Material.

    LINKS

    This Website may contain links to websites owned or controlled by third parties. These links and the contents on these other websites are provided solely as a convenience to you and are not an endorsement by us. We are not responsible for the content of any linked websites and make no representations regarding the content or accuracy of materials on such websites. If you decide to visit any third-party websites using links from this Website, you do so at your own risk.

    LIMITATION OF LIABILITY

    WE DO NOT WARRANT THAT THIS WEBSITE WILL OPERATE ERROR-FREE OR THAT THE SITE AND ITS SERVER ARE FREE OF COMPUTER VIRUSES OR OTHER HARMFUL MATERIAL. IF YOUR USE OF THIS SITE OR THE SITE MATERIAL RESULT IN ANY COSTS OR EXPENSES, INCLUDING, WITHOUT LIMITATION, THE NEED FOR SERVICING OR REPLACING EQUIPMENT OR MOBILE MESSAGING, DATA, OR OTHER FEES,WE SHALL NOT BE RESPONSIBLE FOR THOSE COSTS OR EXPENSES. THIS WEBSITE AND ITS MATERIAL ARE PROVIDED ON AN “AS IS” AND “AT YOUR OWN RISK” BASIS WITHOUT ANY WARRANTIES OF ANY KIND. WE, TO THE FULLEST EXTENT PERMITTED BY LAW, DISCLAIM ALL WARRANTIES, INCLUDING THE WARRANTY OF MERCHANTABILITY, NON-INFRINGEMENT OF THIRD PARTIES RIGHTS, AND THE WARRANTY OF FITNESS FOR A PARTICULAR PURPOSE. ALTHOUGH WE STRIVE TO PROVIDE THOROUGH AND ACCURATE MATERIALS ON THE SITE, WE MAKE NO WARRANTIES ABOUT THE ACCURACY, RELIABILITY, COMPLETENESS, OR TIMELINESS OF THE MATERIAL, SERVICES, SOFTWARE, TEXT, GRAPHICS, AND LINKS. WE DO NOT MAKE ANY WARRANTIES AS TO THE RESULT OR OUTCOME OF USING THE SITE OR PROPERLY FOLLOWING ANY INSTRUCTIONS, RECOMMENDATIONS OR DIRECTIONS CONTAINED IN THE WEBSITE MATERIAL. SOME STATES DO NOT ALLOW THE EXCLUSION OF IMPLIED WARRANTIES, SO THE ABOVE EXCLUSION MAY NOT APPLY TO YOU. YOU MAY ALSO HAVE OTHER LEGAL RIGHTS, WHICH VARY FROM STATE TO STATE.

    NO CONSEQUENTIAL DAMAGES

    IN NO EVENT SHALL WE OR ANY OF OUR AFFILIATES, SUBSIDIARIES, PARENT COMPANIES, LICENSEES, AGENTS, PROMOTIONAL PARTNERS, OR ANY THIRD PARTIES MENTIONED ON THE SITE, OR ANY OF THEIR DIRECTORS, OFFICERS, EMPLOYEES, AGENTS, OR REPRESENTATIVES, BE LIABLE FORANY DAMAGES WHATSOEVER (INCLUDING, WITHOUT LIMITATION, INCIDENTAL, INDIRECT, CONSEQUENTIAL OR PUNITIVE DAMAGES, LOST PROFITS, OR DAMAGES RESULTING FROM LOST DATA OR BUSINESS INTERRUPTION) RESULTING FROM THE USE OR INABILITY TO USE THE WEBSITE, WEBSITE MATERIALS, OR WEBSITES LINKED TO THIS WEBSITE, WHETHER BASED ON WARRANTY, CONTRACT, TORT, OR ANY OTHER LEGAL THEORY, AND WHETHER OR WE ARE ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. SOME STATES MAY NOT ALLOW US TO LIMIT OR EXCLUDE LIABILITY FOR THESE “INCIDENTAL” OR “CONSEQUENTIAL”DAMAGES, SO THE ABOVE LIMITATION MAY NOT APPLY.

    INITIAL DISPUTE RESOLUTION: NOTICES

    You agree that before initiating any legal or arbitration proceeding, you will attempt to negotiate an informal resolution of any dispute. To begin this process, before initiating any arbitration proceeding, you must send a Notice of dispute (“Notice”) by certified mail to the attention of our legal team at the address below. In the Notice, you must describe the nature and basis of the dispute and the relief you are seeking. If we are unable to resolve the dispute within 45 days after our receipt of the Notice, then you or we may initiate an arbitration proceeding.