Disclaimer
Privacy Policy
Kelli de la Torre, LLC (“Company”) recognizes that privacy is important, and we are committed to protecting your privacy rights. This Privacy Policy (“Policy”) describes the information we collect from you to process inquiries and transactions and to improve the content and experience of the Website.
This Policy applies to all of the Products, Services and Websites offered by Kelli de la Torre, LLC. By accessing the Website or using any Service, you consent to the collection and use of your personal information as outlined in this Policy, as this Policy may be amended from time to time. We may modify or amend this Policy from time to time and encourage you to visit this page periodically to review any changes to the Policy. Through your continued use of the Website or Services after changes are made to the Policy, you accept the Policy as modified.
1. Information We Collect and How We Use It
Information you provide – We do not collect any personal information about you unless you provide it to us. When you apply or book services, we may ask you for personal information (such as your name, e-mail address, date of birth, gender, mailing and billing address, zip code and specific health-related information). At the time of booking service, we may also request payment information. We also may use your name, e-mail address and other information to notify you of new services, events, and to solicit your feedback and input. We may also use your information, or a portion thereof, to send you marketing materials and/or Company newsletters or other information Company thinks you may need, unless you notify Company that you do not wish to receive such materials. Please contact us to request that you not be sent any or all of such information.
User communications – When you send email or other communication to Company, we may retain those communications in order to process your inquiries, respond to your requests and improve our services.
Affiliated sites – We may offer some of our services in connection with other websites. Personal information that you provide to those websites may be sent to Company in order to deliver the Service. We process such information in accordance with this Policy. The affiliated websites may have different privacy practices, and we encourage you to read their privacy policies.
Links – Company may present links to other websites for educational purposes only.
Other websites – This Policy applies to websites and services that are owned and operated by Kelli de la Torre, LLC. We do not exercise control over the websites displayed as search results or links from within our services. These other websites may collect data or solicit personal information from you.
2. What Does Company Do With The Collected Information?
Personal information – We may use your personal information for the purposes described in this Policy and/or privacy notice for specific services. Such purposes include, but are not limited to: providing our products and services to users, sharing information to our business partners who perform core services (such as hosting, billing, data storage, security, and reporting services) related to the operation of the Website and Service, verifying your identity, following up with transactions initiated on the Website, and developing new services. We may provide personal and non-personal information to our subsidiaries, affiliated companies or other trusted third parties or persons for the purpose of processing personal information on our behalf. We require that these parties agree to process such personal information based on our instructions and in compliance with the appropriate confidentiality and security measures.
We may also disclose personal information if required to do so by law or in the good-faith belief that such action is necessary to (1) conform to the edicts of the law or comply with legal process served on Company or its subsidiaries or affiliates, (2) protect and defend the rights or property of Company or the users of the Website, or (3) act under exigent circumstances to protect the safety of the public or users of the Website.
Choices for personal information – When you apply or book services, we may ask you to provide personal information. If we use this information in a manner different than those described in this Policy and/or in the specific service notices, then we will ask for your consent prior to such use. If we propose to use personal information for any purposes other than those described in this Policy and/or in the specific service notices, and you decline, Company may not be able to provide its Service to you.
Maintenance of personal information – You can request your information contained in our database by contacting us. If you believe any of your information is incorrect or needs updating, please let us know. Company will use reasonable efforts to correct your information and our records upon verification of the requested change. If you no longer wish to receive email notifications from Company, please let us know by contacting us.
Please note that no data transmission over the Internet can be guaranteed to be 100% secure, so while Company strives to protect your information, Company cannot ensure or warrant the security of any information that you voluntarily give to Company.
3. Website Areas Beyond Company’s Control
Third party links, co-brand relationships and public forums – In an attempt to provide increased value to our visitors, Company may choose various third party websites to link to, link from, and frame within, the Website. Company also may participate in co-branding and other relationships to offer e-commerce and other services and features to its users. However, even if the third party is affiliated with Company, we have no control over these linked sites, each of who have separate privacy and data collection practices independent of Company. We have no responsibility or liability for these independent policies or actions, and are not responsible for the privacy practices or the content of any such websites. Please make sure you are comfortable with the privacy practices of every site you visit before providing the site with your personal information. These linked sites are only for your convenience and you, therefore, access them at your own risk.
4. Users Under 18
Company’s content is not directed at users under 18 years of age, and if you provide information about yourself as a user of Company, you are representing that you are at least 18 years of age. We do not knowingly collect personally identifiable information from anyone under 18 years of age, but if we do become aware of having collected personally identifiable information from a user who is younger than 18 years of age, we will remove such information from our files.
5. Changes To This Policy
Please note that this Policy may change from time to time. We will not reduce your rights under this Policy without notice to you, and we expect most such changes will be minor. Regardless, we will post any Policy changes on this page and, if the changes are significant, we will provide a more prominent notice (including, for certain services, email notification of Policy changes). Each version of this Policy will be identified at the bottom of the page by its effective date, and we will also keep prior versions of this Privacy Policy in an archive for your review.
6. Company Terms & Conditions of Use
A complete statement of our Terms & Conditions of Use can be found below. This Policy is expressly incorporated into Company’s Terms & Conditions of Use by this reference.
7. Your Consent
By using our Website, you consent to the collection and use of information by Company as set forth in this Policy. If we decide to change our Policy, we will post those changes on this page so that you will always be aware of what information we collect, how we use it, and under what limited circumstances we disclose it. Continued access or use of the Website or Services shall constitute your express acceptance of any modifications to this Policy.
If you have any questions about this Policy, please feel free to contact us at: hello@kellidelatorre.com.
Terms & Conditions of Use
Welcome to www.KellidelaTorre.com.
This website (“Website”) is owned by Kelli de la Torre, LLC (“Company”) and is designed to provide you with information regarding yoga for oncology patients and caregivers, access to the booking of Services and curated content pertaining to cancer care. Website is not directed to persons under 18 years of age. These Terms & Conditions of Use (this “Agreement”) apply to all of the products and services offered by Company (collectively, the “Services”).
Please read these terms carefully.
1. Acceptance of Terms
This Agreement sets forth legally binding terms for your use of the Website and any Services. By accessing the Website or using any Service, you agree to be bound by this Agreement. If you do not accept the terms of this Agreement, you should leave the Website and discontinue use of the Service immediately. We may modify this Agreement from time to time, and such modification shall be effective upon its posting on the Website. You agree to be bound by any modification to this Agreement when you access the Website after any such modification is posted; it is therefore important that you review this Agreement regularly.
2. Health Disclaimer & Waiver
Yoga, meditation and breathwork may be considered physical activities. Accordingly, you are urged and advised to seek the advice of a physician before beginning any physical exercise regimen, routine or program. Company is not a medical organization, and its instructors, staff or content cannot give you medical advice or diagnosis. All suggestions and comment relating to poses, techniques and instruction are not required to be performed by you and are carried out at your election after reading or viewing content. Nothing contained in this Website should be construed as any form of such medical advice, diagnosis, or therapy. By using the Website, you represent that you understand that physical postures involve physical movement, and that such activity carries the risk of injury whether physical or mental. You understand that it is your responsibility to judge your physical and mental capabilities for such activities. You expressly waive and release any claim that you may have at any time for injury of any kind against Company, or any person or entity involved with Company, including without limitation its directors, principals, instructors, independent contractors, employees, agents, contractors, affiliates and representatives.
3. Minors
Company’s content is not directed to persons under 18 years of age, and by providing information about yourself to Company you are representing that you are 18 years of age or older.
4. Preservation/Disclosure
You acknowledge, consent and agree that Company may access, preserve and disclose your account information and Content if required to do so by law or in a good faith belief that such access, preservation or disclosure is reasonably necessary to: (a) comply with legal process nationally or internationally; (b) enforce this Agreement; (c) respond to claims that any Content violates the rights of third parties; (d) respond to your requests for customer service; (e) protect the rights, property or personal safety of Company, its Members and the public; or (f) pursuant to the terms of the Privacy Policy.
5. Security Components
You understand that the Website and software embodied within the Website may include security components that permit digital materials to be protected, and that use of these materials is subject to usage rules set by Company and/or content providers who provide content to Company. You may not attempt to override, disable, circumvent or otherwise interfere with any such security components and usage rules embedded into the Website.
6. Proprietary Rights
All materials on the Website, including, without limitation, names, logos, trademarks, images, text, columns, graphics, videos, photographs, illustrations, artwork, software and other elements (collectively, “Materials”) are protected by copyrights, trademarks and/or other intellectual property rights owned and controlled by Company or by third parties that have licensed or otherwise provided their material to Company. You acknowledge and agree that all Materials on the Website are made available for limited, non-commercial, personal use only. Except as specifically provided herein or elsewhere on this Website, no Material may be copied, reproduced, republished, sold, downloaded, posted, transmitted, or distributed in any way, or otherwise used for any purpose, by any person or entity, without Company’s prior express written permission. You may not add, delete, distort, or otherwise modify the Material. Any unauthorized attempt to modify any Material, to defeat or circumvent any security features, or to utilize the Website or any part of the Material for any purpose other than its intended purposes is strictly prohibited.
7. Company and Third Parties
The Website may contain Materials of Company and its third party licensors which are protected by copyright, trademark, patent, trade secret and other laws. Company owns and retains all rights, title and interest in its Materials. Company hereby grants to you a limited, revocable, non-sublicensable license to view its Materials and any third party Materials located on or available through the Website or Service (excluding any software code therein as set forth above) solely for your personal, noncommercial use in connection with viewing the Website and using the Service. You may not copy, modify, translate, publish, broadcast, transmit, distribute, perform, display, make available, or sell any Materials appearing on or through the Website or Service. Any dealings with third parties included within or on the Website involving the delivery of and payment for goods and services, or any other terms, conditions, warranties, or representations associated with such third parties, are solely between you and that third party. Company is neither responsible nor liable for any part of such dealings or promotions. Any reference to any third party or the products or services of any third party on the Website does not constitute an endorsement or recommendation of such third party or the product or services of such third party by Company or any of its employees, officers, independent contractors, agents or other representatives. Any reference to any third party on the Website is provided to you for informational purposes only. Company encourages you to conduct your own research and due diligence regarding such third parties and their products and services. While Company works to ensure the information on the Website is current and accurate, Company does not warrant the accuracy of any information contained on the Website or its fitness for any particular purpose.
8. Other Sites
Our Website may contain links to other sites owned by third parties. We are not responsible for examining or evaluating, and we do not warrant the products or offerings of, any of these businesses or individuals, or the accuracy of the content of their website. Company does not assume any responsibility or liability for the actions, product, and content of any such website. Before you use any third party website, you should review the applicable terms of use and policies for such website. The inclusion of a link in any of the Website does not imply Company’s endorsement of such third party website. If you decide to access any such linked website, you do so at your own risk.
9. Privacy Policy
Company respects your privacy and permits you to control certain aspects of the treatment of your personal information as set forth in Company’s Privacy Policy. A complete statement of the current privacy policy can be found in Company’s Privacy Policy. The Privacy Policy is expressly incorporated into this Agreement by this reference.
10. Infringement Policy
Company reserves the right in its sole discretion to immediately suspend and/or terminate access to the Website by any user who is alleged to have infringed on the intellectual property rights of Company or of a third party, or otherwise violated any intellectual property laws or regulations. Company’s policy is to investigate any allegations of copyright infringement brought to its attention. If you have evidence, know, or have a good faith belief that your rights or the rights of a third party have been violated and you want Company to delete, edit, or disable the material in question, you must provide Company with all of the following information: (a) a physical or electronic signature of a person authorized to act on behalf of the owner of the exclusive right that is allegedly infringed; (b) 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; (c) identification of the material that is claimed to be infringed or to be the subject of infringing activity and that is to be removed or access to which is to be disabled, and information reasonably sufficient to permit Company to locate the material; (d) information reasonably sufficient to permit Company to contact you, such as an address, telephone number, and if available, an electronic mail address at which you may be contacted; (e) a statement that you have a good faith belief that use of the material in the manner complained of is not authorized by the copyright owner, its agent, or the law; and (f) a statement that the information in the notification is accurate, and under penalty of perjury, that you are authorized to act on behalf of the owner of an exclusive right that is allegedly infringed. For this notification to be effective, you must provide it to Company by e-mail with a return receipt acknowledgement.
11. Disclaimer of Warranties
YOU AGREE THAT YOUR USE OF THE WEBSITE SHALL BE AT YOUR SOLE RISK. THE WEBSITE AND THE MATERIALS ARE PROVIDED “AS IS” AND WITHOUT WARRANTIES OF ANY KIND, EITHER EXPRESS OR IMPLIED. TO THE FULLEST EXTENT PERMITTED BY LAW, COMPANY, ITS OFFICERS, DIRECTORS, EMPLOYEES, AND AGENTS DISCLAIM ALL WARRANTIES, EXPRESS OR IMPLIED, IN CONNECTION WITH THE WEBSITE AND YOUR USE THEREOF. COMPANY MAKES NO WARRANTIES OR REPRESENTATIONS ABOUT THE ACCURACY OR COMPLETENESS OF THIS WEBSITE’S CONTENT OR THE CONTENT OF ANY SITES LINKED TO THIS WEBSITE AND ASSUMES NO LIABILITY OR RESPONSIBILITY OR ANY (I) ERRORS, MISTAKES, OR INACCURACIES OF CONTENT, (II) PERSONAL INJURY OR PROPERTY DAMAGE, OF ANY NATURE WHATSOEVER, RESULTING FROM YOUR ACCESS TO AND USE OF THE WEBSITE, (III) ANY UNAUTHORIZED ACCESS TO OR USE OF COMPANY SECURE SERVERS AND/OR ANY AND ALL PERSONAL INFORMATION AND/OR FINANCIAL INFORMATION STORED THEREIN, (IV) ANY INTERRUPTION OR CESSATION OF TRANSMISSION TO OR FROM THE WEBSITE, (V) ANY BUGS, VIRUSES, TROJAN HORSES, OR THE LIKE WHICH MAY BE TRANSMITTED TO OR THROUGH THE WEBSITE BY ANY THIRD PARTY, AND/OR (VI) ANY ERRORS OR OMISSIONS IN ANY CONTENT OR FOR ANY LOSS OR DAMAGE OF ANY KIND INCURRED AS A RESULT OF THE USE OF ANY CONTENT POSTED, EMAILED, TRANSMITTED, OR OTHERWISE MADE AVAILABLE VIA THE WEBSITE. COMPANY DOES NOT WARRANT, ENDORSE, GUARANTEE, OR ASSUME RESPONSIBILITY FOR ANY PRODUCT OR SERVICE ADVERTISED OR OFFERED BY A THIRD PARTY THROUGH THE WEBSITE OR ANY HYPERLINKED WEBSITE OR FEATURED IN ANY BANNER OR OTHER ADVERTISING, AND COMPANY WILL NOT BE A PARTY TO OR IN ANY WAY BE RESPONSIBLE FOR MONITORING ANY TRANSACTION BETWEEN YOU AND THIRD-PARTY PROVIDERS OF PRODUCTS OR SERVICES. AS WITH THE PURCHASE OF A PRODUCT OR SERVICE THROUGH ANY MEDIUM OR IN ANY ENVIRONMENT, YOU SHOULD USE YOUR BEST JUDGMENT AND EXERCISE CAUTION WHERE APPROPRIATE.
12. Limitation on Liability
IN NO EVENT SHALL COMPANY, ITS OFFICERS, DIRECTORS, EMPLOYEES, OR AGENTS, BE LIABLE TO YOU FOR ANY DIRECT, INDIRECT, INCIDENTAL, SPECIAL, PUNITIVE, OR CONSEQUENTIAL DAMAGES WHATSOEVER RESULTING FROM ANY (I) ERRORS, MISTAKES, OR INACCURACIES OF CONTENT, (II) PERSONAL INJURY OR PROPERTY DAMAGE, OF ANY NATURE WHATSOEVER, RESULTING FROM YOUR ACCESS TO AND USE OF THE WEBSITE OR SERVICE, (III) ANY UNAUTHORIZED ACCESS TO OR USE OF COMPANY SECURE SERVERS AND/OR ANY AND ALL PERSONAL INFORMATION AND/OR FINANCIAL INFORMATION STORED THEREIN, (IV) ANY INTERRUPTION OR CESSATION OF TRANSMISSION TO OR FROM THE WEBSITE, (V) ANY BUGS, VIRUSES, TROJAN HORSES, OR THE LIKE, WHICH MAY BE TRANSMITTED TO OR THROUGH THE WEBSITE OR SERVICE BY ANY THIRD PARTY, AND/OR (VI) ANY ERRORS OR OMISSIONS IN ANY CONTENT OR FOR ANY LOSS OR DAMAGE OF ANY KIND INCURRED AS A RESULT OF YOUR USE OF ANY CONTENT POSTED, EMAILED, TRANSMITTED, OR OTHERWISE MADE AVAILABLE VIA THE WEBSITE, WHETHER BASED ON WARRANTY, CONTRACT, TORT, OR ANY OTHER LEGAL THEORY, AND WHETHER OR NOT THE COMPANY IS ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. The foregoing limitation of liability shall apply to the fullest extent permitted by law in the applicable jurisdiction. You specifically acknowledge that Company shall not be liable for content posted by users or the defamatory, offensive, or illegal conduct of any third party and that the risk of harm or damage from the foregoing rests entirely with you. Any reference to a person, entity, product, or service on this Website does not constitute an endorsement or recommendation by Company or any of its employees. Company is not responsible for any third party content on the Website or third party web page accessed from this Website, nor does Company warrant the accuracy of any information contained in a third party website or its fitness for any particular purpose. No communication of any kind between you and Company or a representative of Company shall constitute a waiver of any limitations of liability hereunder or create any additional warranty not expressly stated in the terms of use. Company reserves the right to remove any material posted on the Website that it determines in its sole discretion violates any law or right of any person, infringes the rights of any person, or is otherwise inappropriate for posting on the Website.
13. Exclusions and Limitations
Those who access or use the Website from other jurisdictions do so at their own volition and are responsible for compliance with all local laws and rules, including those regarding online conduct, acceptable content, and the transmission of technical data exported from the United States or the country in which you reside. Some jurisdictions do not allow the exclusion of certain warranties or the limitation or exclusion of liability for incidental or consequential damages. Accordingly, in certain jurisdictions, some of the above limitations of liability may not apply to you; all other provisions of this Agreement remain in full force and effect.
14. Indemnity
You agree to defend, indemnify and hold harmless Company, its subsidiaries, affiliates, subcontractors, officers, directors, employees, consultants, representatives and agents, from and against any and all claims, damages, obligations, losses, liabilities, costs or debt, and expenses (including but not limited to attorneys’ fees and costs) arising from: (i) your use of and access to the Website or the Services; (ii) your violation of any term of this Agreement; (iii) your violation of any third party right, including without limitation any copyright, property, or privacy right; or (iv) any claim that your submissions caused damage to a third party. This defense and indemnification obligation will survive this Agreement and your use of the Website.
15. Additional Terms
We may also require you to follow additional rules, guidelines or conditions in order to participate in certain promotions or activities available through the Website, to obtain certain premium content through the Website, or for other reasons. These additional terms are part of this Agreement, and you agree to comply with them when you participate in those promotions, or otherwise engage in activities governed by such additional terms.
16. Modification and Discontinuation
We reserve the right at any time to modify, edit, delete, suspend or discontinue, temporarily or permanently the Website or any portion thereof with or without notice. You agree that we will not be liable to you or to any third party for any such modification, editing, deletion, suspension or discontinuance of the Website.
17. Assignment
This Agreement and any rights and licenses granted hereunder, may not be transferred or assigned by you, but may be assigned by Company without restriction.
18. Integration Clause
This Agreement together with the Privacy Policy and any other legal notices published by Company on the Website, shall constitute the entire agreement between you and Company concerning the Website and governs your use of the Website, superseding any prior agreements between you and Company with respect to the Website.
19. Waiver and Severability of Terms
The failure of Company to exercise or enforce any right or provision of this Agreement shall not constitute a waiver of such right or provision. If any provision of this Agreement is found by a court of competent jurisdiction to be invalid, the parties nevertheless agree that the court should endeavor to give effect to the parties’ intentions as reflected in the provision, and the other provisions of this Agreement remain in full force and effect.
20. Statute of Limitations
You agree that regardless of any statute or law to the contrary, any claim or cause of action arising out of or related to use of the Website, the Service or this Agreement must be filed within one (1) year after such claim or cause of action arose or be forever barred.
21. Governing Law and Venue
This Agreement shall be governed by the laws of the State of Texas, without respect to its conflict of laws principles. Any claim or dispute between you and Company that arises in whole or in part from the Website shall be decided exclusively by a court of competent jurisdiction located in Brazos County, Texas. You agree that: (a) the Website shall be deemed solely based in Texas; and (b) the Company Website shall be deemed a passive website that does not give rise to personal jurisdiction over Company, either specific or general, in jurisdictions other than Texas.
22. Ability to Accept Terms of Service
You affirm that you are at least 18 years of age, and are fully able and competent to enter into this Agreement, conditions, obligations, affirmations, representations, and warranties set forth in this Agreement, and to abide by and comply with this Agreement.
23. General
Company reserves the right to amend this Agreement at any time and without notice, and it is your responsibility to review this Agreement for any changes. Your use of the Website following any amendment of this Agreement will signify your assent to and acceptance of its revised terms.
If you have any questions or comments regarding this Agreement, Website or Services, contact us by e-mail: hello@kellidelatorre.com.