Disclaimer

Please consult your health care professional with any questions or concerns before starting any exercise program. When participating in any exercise or exercise program, there is the possibility of physical injury. Not all exercises in these workshops, yoga classes, online yoga classes are suitable for all persons. Essential Body Therapy, its distributors, and performers are not liable for any injury, accident, or health impairment befalling and attendee of these workshops, yoga classes, online yoga classes or any individual utilizing the techniques suggested in these workshops, yoga classes, online yoga classes. Essential Body Therapy, Sandy Cole is not a licensed medical care provider and represents that it has no expertise in diagnosing, examining, or treating medical conditions of any kind, or in determining the effect of any specific exercise on a medical condition. 

 

Sandy Cole, Essential Body Therapy, Also known as "EBT", is a certified massage therapist #33800, qualified to perform "the scientific manipulation of the soft tissues." as stated in the Business and Professions Code section 4601(e). She is also a certified Yoga Instructor permitted to teach yoga sequences.

Terms and Conditions

This website (essentialbodytherapy.com) is owned and operated by Essential Body Therapy (”Essential Body Therapy”, “EBT”, ”we”, “our” and “us”).  
 

Your use of this website is subject to the Terms and Conditions as set out below. By accessing and using this website you agree that you have read, understood and accept these terms.

Practise safely

  • No teacher knows your body as well as you do so listen to your body. If anything doesn't feel right, you are free to take breaks and/or skip poses or sequences that are not suitable for you. One of the most important skills yoga can teach us is greater body awareness!

  • Please select the appropriate level class for your experience.

  • We offer no medical advice. Please consult your medical practitioner before starting any new exercise regime. This is particularly important if you are pregnant, nursing, taking medication, or have any existing medical conditions or injuries. This website may not be tailored to your current physical and mental health. We accept no liability whatsoever for any damages arising from the use of this website.

  • Full classes on this website will include warming up and cooling down sections, however, shorter classes and pose tutorials may not. Please take responsibility for your own body and include extra warm up and cool down stretches where appropriate to avoid injuries.

  • It's best to practice hydrated before and after your yoga practice.

  • If you feel dizzy, light-headed, faint, or if you experience any other discomfort, stop immediately and take a resting pose. Consult a medical doctor if your symptoms do not pass. You are responsible for your condition during your practice. Exercise within your limits. Never force or strain. Seek attention and advice as appropriate.

  • Make sure you practise with enough free space around you. Wear comfortable clothing so you can move freely.

  • Avoid alcohol and drugs before yoga and meditation.

  • The information provided on this website is for educational purposes only. By using the website you are participating at your own risk.

  • We recommend that you use these online classes in addition to attending classes or workshops with an experienced yoga teacher who can observe you and give you personal guidance where required. 

Terms of Service

These Terms of Service (“Terms”) are a legal agreement between you and Essential Body Therapy, (“EBT,” “us,” or “we”) regarding your use of services available at www.essentialbodytherapy.com, including any downloadable software program that you are accessing or installing on your device or personal computer and the services available through that software program (together, the “Service”).

BY USING ANY PORTION OF THE SERVICE, YOU ARE AGREEING TO BE BOUND BY AND ARE BECOMING A PARTY TO THESE TERMS. IF YOU DO NOT AGREE TO THESE TERMS, DO NOT USE THE SERVICE. If you are using the Service on behalf of your employer or someone else, you represent that you are authorized to accept these Terms on your employer’s behalf.

Service Description

The Service is a fitness and wellness network. Users of the Service users may view or download(if available or applicable) training materials from EBT's website, some of which is provided for a fee.

Fees

As of the date stated above, there are Services provided to you for free, but EBT reserves the right to implement fees for the Service at any time by providing you notice.

Certain content offered through the Service is available to you for a fee (“Paid Content”). EBT uses a third-party payment processor (the “Payment Processor”) to link your credit card account to the Service. The processing of payments or credits, as applicable, in connection with your use of the Service will be subject to the terms, conditions and privacy policies of the Payment Processor and your credit card issuer in addition to these Terms. Sandy Cole-Cross of EBT is not responsible for any errors by the Payment Processor. In connection with your use of the Service, EBT will obtain certain transaction details, which EBT will use solely in accordance with its Privacy Policy.

No Refunds

Payments are non-refundable and there are no credits for partially used periods. Following a cancellation, however, you will continue to have access to your EBT Program or Membership through the end of your current billing period.

Eligibility

You must be 18 years of age or older to use the Service. You represent and warrant that any profile information you submit is true and accurate and that you are 18 years of age or older and are fully able and competent to enter into, and abide by these Terms. The Service is not intended for those under the age of 18. Use of the Service is void where prohibited.

Account

In order to use the Service, you must create an account. When registering for an account, you must provide accurate and complete information and promptly update this information to keep it current. If you provide any information that is inaccurate or incomplete, or we have reason to believe that the information is inaccurate or incomplete, we may suspend or terminate your account and your use of Service.

You are solely responsible for all activities that occur through your account. To protect your account from unauthorized use, do not provide your username or password to anyone else. Please notify us immediately of any unauthorized use of your account or any other breach of security by sending an email to sandy@essentialbodytherapy.com.

License

Subject to the terms and conditions of these Terms, Sandy Cole-Cross of Essential Body Therapy grants you a personal, non-exclusive, non-assignable, non-transferable, revocable license to access and use the Service, including a reasonable number of copies of any content, material or software made available by EBT, for noncommercial and personal use only.

You must comply with all applicable laws when using the Service. Except as may be expressly permitted by applicable law or expressly enabled by a feature of the Service, you will not, and will not permit anyone else to: (a) store, copy, modify, or distribute any of the content made available on the Service; (b) compile or collect any content available on the Service as part of a database or other work; (c) use any automated tool (e.g., robots, spiders) or manual process to monitor, store, copy, modify, distribute, or resell any content from the Service; (d) frame or otherwise incorporate the Service or any portion of the Service as part of another website or service; (e) reproduce, duplicate, copy, sell, resell, or exploit for any commercial purposes any portion of the Service (including the display of third party advertising); (f) circumvent or disable any digital rights management, usage rules, or other security features of the Service, or any content available on the Service; (g) use the Service in a manner that threatens the integrity, performance, or availability of the Service; (h) remove, alter, or obscure any proprietary notices (including copyright notices) on any portion of the Service or any content available from the Service; or (i) include any personal or identifying information about another person in your User Content (defined below) without that person’s explicit consent.

Access; Modifications to the Service

EBT does not provide you with the equipment to use the Service. You are responsible for all fees charged by third parties to access and use the Service (e.g., charges by ISPs or mobile carriers).

EBT reserves the right to modify or discontinue, temporarily or permanently, all or a part of the Service without notice. EBT will not be liable to you or to any third party for any modification, suspension, or discontinuance of the Service.

No Support

Unless otherwise agreed by EBT in writing, EBT is not obligated to provide any support for the Service.

Comments on classes, programs and collections

  • We welcome and encourage your comments and questions under classes, programs and collections.

  • All comments are monitored to ensure that any questions do not go unanswered and to gather feedback to help us improve the website. We try to answer your comments and questions as quickly as possible.

  • We reserve the right to remove any comments deemed to be offensive, commercial or those which include external links.

Collections - images and sharing

  • Images used for your Collections should be your own, or images that you have permission to use and are free from copyright.

  • If you set your Collections to public we may share them, with the image, on social media channels for promotional purposes.

  • Images should not be offensive or explicit in any way. If you see explicit or offensive imagery used, please contact us by email. In this email, please state the name of the Collection and include a link to the Collection. We will then investigate within 5 working days, and remove said Collection and image if the complaints are correct. 

Intellectual Property Rights

By using this website you agree that all the information, communications, photography, text, images, graphics, software, trademarks, trade names, logos and other materials and services on this website (the “Content”) are protected by copyright, trademark, database rights and other intellectual property laws under the national laws of the United States and international treatise.

 

You agree not to copy, modify, download, transmit, display, distribute, perform, reproduce, license, publish, create derivative works from, transfer or sell any information contained on or forming part of this website, or otherwise use such Content of this website for re-sale, re-distribution or for any other commercial use, without the consent of EBT and/or its licensors as the case may be.

 

All property rights, title and interest in and to the Content shall be at all times and for all purposes remain vested in EBT and/or its licensors, as the case may be.

 

You may access website and content as available: for your information and personal use, as intended through the normal functionality of the EBT service. For streaming, 'Streaming' or 'Stream' means a contemporaneous digital transmission of an audiovisual work via the internet from the EBT service to a users device in such a manner that the data is intended for real-time viewing and not intended to be copied, stored, permanently downloaded, or redistributed by the user. Accessing website videos for any purpose or in any manner other then Streaming is expressly prohibited.

LiabilityLimit of Liability

To the fullest extent permitted by applicable law, Essential Body Therapy will not be liable for any loss or damages arising out of or in connection with your use of the website. In no event shall Essential Body Therapy be liable for any damages whatsoever resulting from the statements or conduct of any third party or the interruption, suspension or termination of any services, whether such interruption, suspension or termination was justified or not, negligent or intentional, inadvertent or advertent.

Disclaimer of Warranties

YOUR USE OF THE SERVICE IS AT YOUR SOLE RISK. THE SERVICE IS PROVIDED ON AN "AS IS" AND "AS AVAILABLE" BASIS. ESSENTIAL BODY THERAPY, ITS AFFILIATES, LICENSORS, SUPPLIERS, AND DISTRIBUTORS 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, TITLE, AND NON-INFRINGEMENT. ESSENTIAL BODY THERAPY DOES NOT WARRANT UNINTERRUPTED USE OR OPERATION OF THE SERVICE OR THAT ANY DATA SENT BY OR TO YOU WILL BE ACCURATE, COMPLETE, TRANSMITTED IN UNCORRUPTED FORM, OR TRANSMITTED WITHIN A REASONABLE AMOUNT OF TIME. YOU WILL BE SOLELY RESPONSIBLE FOR ANY DELAY OR LOSS OF ANY KIND THAT RESULTS FROM YOUR ACCESS OR USE OF THE SERVICE, INCLUDING LOSS OF ANY LOSS OR HARM TO YOUR MOBILE DEVICE. NO ADVICE OR INFORMATION, WHETHER ORAL OR WRITTEN, OBTAINED BY YOU FROM ESSENTIAL BODY THEAPY, THROUGH OR FROM THE SERVICE, WILL CREATE ANY WARRANTY NOT EXPRESSLY STATED IN THESE TERMS. SOME STATES MAY PROHIBIT A DISCLAIMER OF WARRANTIES AND YOU MAY HAVE OTHER RIGHTS THAT VARY FROM STATE TO STATE.

Indemnity

As a user of this website, you agree to indemnify us against any loss, damage or cost incurred by us arising out of any violation by you of these Terms Of Use. You will also indemnify us against any claims that information or materials which you submit, post to or transmit through the Site are in violation of any law or in breach of any third party right.

Disclaimer of Liability

With respect to content available on the website, neither Essential Body Therapy nor any of its employees or agents makes any warranty, express or implied, including the warranties of merchantability and fitness for a particular purpose, or assumes any legal liability or responsibility for the accuracy, completeness, or usefulness of any information, apparatus, product, or process disclosed, or represents that its use would not infringe privately owned rights.

Disclaimer of Endorsement

Reference herein to any specific commercial products, process, or service by trade name, trademark, manufacturer, or otherwise, does not necessarily constitute or imply its endorsement, recommendation, or favoring by EBT. The views and opinions of authors expressed herein do not necessarily state or reflect those of EBT, and shall not be used for advertising or product endorsement purposes.

Governing Law

These Terms and Conditions shall be governed by and construed in accordance with the law of the United States, California, San Diego, CA and you hereby submit to the exclusive jurisdiction of the Courts of the United States. This will not prevent EBT from pursuing a claim for breach of contract, copyright infringement or otherwise in respect of these terms and conditions in any other jurisdiction throughout the world.

Restrictions 

While EBT uses its reasonable efforts to maintain this website in an accurate and up-to-date fashion it may contain some technical or other mistakes, inaccuracies or typographical errors. EBT cannot be held responsible for any mistakes or omissions on this website.

Privacy Notice

This privacy notice discloses the privacy practices for www.essentialbodytherapy.com. This privacy notice applies solely to information collected by this website. It will notify you of the following:

  1. What personally identifiable information is collected from you through the website, how it is used and with whom it may be shared.

  2. What choices are available to you regarding the use of your data.

  3. The security procedures in place to protect the misuse of your information.

  4. How you can correct any inaccuracies in the information.

 

Information Collection, Use, and Sharing 
We are the sole owners of the information collected on this site. We only have access to/collect information that you voluntarily give us via email or other direct contact from you. We will not sell or rent this information to anyone.

 

We will use your information to respond to you, regarding the reason you contacted us. We will not share your information with any third party outside of our organization, other than as necessary to fulfill your request, e.g. to ship an order.

 

Unless you ask us not to, we may contact you via email in the future to tell you about specials, new products or services, or changes to this privacy policy.

Your Access to and Control Over Information 
You may opt out of any future contacts from us at any time. You can do the following at any time by contacting us via the email address or phone number given on our website:

  • See what data we have about you, if any.

  • Change/correct any data we have about you.

  • Have us delete any data we have about you.

  • Express any concern you have about our use of your data.

 

Security 
We take precautions to protect your information. When you submit sensitive information via the website, your information is protected both online and offline.

Wherever we collect sensitive information (such as credit card data), that information is encrypted and transmitted to us in a secure way. You can verify this by looking for a lock icon in the address bar and looking for "https" at the beginning of the address of the Web page.

While we use encryption to protect sensitive information transmitted online, we also protect your information offline. Only employees who need the information to perform a specific job (for example, billing or customer service) are granted access to personally identifiable information. The computers/servers in which we store personally identifiable information are kept in a secure environment.

 

If you feel that we are not abiding by this privacy policy, you should contact us immediately via telephone at 858-750-0041 or via email.

Your privacy is important to us and we want you to know what we do with your data when you use our site or communicate with us.

Cookies 

This website uses cookies. A cookie is a little piece of text stored by the browser on your computer, at the request of our server. We use cookies to improve the quality of our service by storing preferences and tracking trends. We use the following cookies:

  • ​​Functional - These cookies include your preferences and are essential for the website to function fully and are therefore always enabled.

  • Performance - These cookies help us to improve the site’s performance, to give you a faster experience on the website and better content recommendations. Our system can see which classes you take and like so we can offer you suggestions for other classes to take and teachers to follow. 

  • Social & advertising - Social media cookies allow you to share content from EBT with others. Advertising cookies help us to better tailor advertising to your interests on sites like Google, and to spread the love of yoga to more people.

You can change your cookies settings at any time. You'll find a link at the bottom of the website footer and you'll be asked to accept cookies when you visit the website. Please note that if you decline our cookies some of the features and services of the EBT website may not function properly. You can also delete cookie files from your device at your discretion.

Disclosure of Information to Third Parties. 

We as EBT do not process all your data, we work with some expert companies who handle financial data, for example.

We do not sell, trade or rent your personal information to others.  We may provide non-personal data to third parties, where such information is combined with similar information of other users of our website. For example, we might inform third parties of the number of unique users who visit our website, the demographic breakdown of our community users, or the activities that visitors to our website engage in while on our website. The third parties to whom we may provide this information may include potential or actual advertisers, providers of advertising services (including website tracking services), commercial partners, sponsors, licensees, researchers and other similar parties.We will disclose your personal data if we believe in good faith that we are required to disclose it in order to comply with any applicable law, a summons, a search warrant, a court or regulatory order, or other statutory requirement.

Security

Your personal data is held by EBT in accordance with industry best practices. We do not store your credit card information, number, expiry date or CVV security code on our servers. To ensure optimal security, we use a third party (paypal and intuit gopayment) for all credit card billing. paypal and gopayment uses a PCI-DSS compliant SSL platform, secured by encryption and authentication. We take all reasonable steps (including appropriate technical and organizational measures) to protect your personal data.

Users under 18 

essentialbodytherapy.com content is not directed at users under 18 years of age. When you provide information about yourself as a user, you are thus representing yourself as 18 years of age or older. Our policy is that we do not knowingly collect, use, or disclose personal information about visitors under 18 years of age. However if we do become aware of having collected personally identifiable information from a user under 18 without consent of a parent or legal guardian, we will remove such information from our servers.

Updating, Verifying and Deleting Personal Data

You have a right to ask for a copy of your data, to rectify it or to delete your records completely. Please contact us. and we will respond as soon as possible.

PRIVACY POLICY

This privacy policy has been compiled to better serve those who are concerned with how their ‘Personally identifiable information’ (PII) is being used online. PII, as used in US privacy law and information security, is information that can be used on its own or with other information to identify, contact, or locate a single person, or to identify an individual in context. Please read our privacy policy carefully to get a clear understanding of how we collect, use, protect or otherwise handle your Personally Identifiable Information in accordance with our website.

What personal information do we collect from the people that visit our blog, website or app?
When ordering or registering on our site, as appropriate, you may be asked to enter your email address or other details to help you with your experience.

When do we collect information?
We collect information from you when you subscribe to a newsletter or enter information on our site.

How do we use your information?
We may use the information we collect from you when you register, make a purchase, sign up for our newsletter, respond to a survey or marketing communication, surf the website, or use certain other site features in the following ways:

• To send periodic emails regarding your order or other products and services.

California Online Privacy Protection Act
CalOPPA is the first state law in the nation to require commercial websites and online services to post a privacy policy. The law’s reach stretches well beyond California to require a person or company in the United States (and conceivably the world) that operates websites collecting personally identifiable information from California consumers to post a conspicuous privacy policy on its website stating exactly the information being collected and those individuals with whom it is being shared, and to comply with this policy. – See more at: http://consumercal.org/california-online-privacy-protection-act-caloppa/#sthash.0FdRbT51.dpuf

 

According to CalOPPA we agree to the following:


Users can visit our site anonymously

Once this privacy policy is created, we will add a link to it on our home page, specifically at the bottom of every available webpage to the public, or as a minimum on the first significant page after entering our website.

Our Privacy Policy link includes the word ‘Privacy’, and can be easily be found on the page specified above.

Users will be notified of any privacy policy changes:

• On our Privacy Policy Page

Users are able to change their personal information:

• By emailing us

Fair Information Practices
The Fair Information Practices Principles form the backbone of privacy law in the United States and the concepts they include have played a significant role in the development of data protection laws around the globe. Understanding the Fair Information Practice Principles and how they should be implemented is critical to comply with the various privacy laws that protect personal information.

In order to be in line with Fair Information Practices we will take the following responsive action, should a data breach occur:
We will notify the users via in site notification

• Within 7 business days

We also agree to the individual redress principle, which requires that individuals have a right to pursue legally enforceable rights against data collectors and processors who fail to adhere to the law. This principle requires not only that individuals have enforceable rights against data users, but also that individuals have recourse to courts or a government agency to investigate and/or prosecute non-compliance by data processors.

CAN SPAM Act
The CAN-SPAM Act is a law that sets the rules for commercial email, establishes requirements for commercial messages, gives recipients the right to have emails stopped from being sent to them, and spells out tough penalties for violations.

We collect your email address in order to:

• Market to our mailing list or continue to send emails to our clients after the original transaction has occurred

To be in accordance with CANSPAM we agree to the following:

• NOT use false, or misleading subjects or email addresses

• Identify the message as an advertisement in some reasonable way

• Include the physical address of our business or site headquarters

• Monitor third party email marketing services for compliance, if one is used.

• Honor opt-out/unsubscribe requests quickly

• Allow users to unsubscribe by using the link at the bottom of each email

If at any time you would like to unsubscribe from receiving future emails, you can

• Follow the instructions at the bottom of each email.

and we will promptly remove you from ALL correspondence.

Changes to the Privacy Statement

Any changes to this Privacy Statement will be posted on this website so you are always aware of what information we collect, how we use it, and under what circumstances, if any, we disclose it. If at any time we decide to use personal data in a manner significantly different from that stated in this Privacy Statement, or otherwise disclosed to you at the time it was collected, we will notify you by email, and you will have a choice as to whether or not we use your information in the new manner.

Questions or Comments 

If you have any questions or comments or are unhappy about how we handle your data, please email us and we will get in touch as soon as possible. 

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1744 National Ave., San Diego, CA 92113 |  sandy@essentialbodytherapy.com  |  Tel. 858.750.0041

Terms & Conditions - Privacy Policy - Disclaimer

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