These Terms and Conditions (the "Agreement") govern the benefits you will receive on Everyday Yoga (the "EDY Benefits") because you have a paid membership subscription (a "Membership") on Practyce. The purchase, either on Practyce or Everyday Yoga, of a Practyce Membership will legally bind you ("you," "your," "yours," or "Member") to this Agreement.
The Membership entitles its Members to the following EDY Benefits during the duration of the Membership:
(a) discount pricing;
(b) 5% credit back on all Eligible Purchases;
(c) Free shipping to the Continental United States on orders greater than $75; and
(d) Other benefits that may be awarded to Members on a surprise and delight basis at our discretion.
2.Credit Back on Eligible Purchases
You will earn a 5% credit back on all Eligible Purchases. This credit may be used as a form of payment for future Eligible Purchases. Eligible Purchases are all purchases except Memberships, products from certain categories such as direct from manufacturers, electronics, final sale items, team store price locked products, gift card purchases and purchase orders. Our determination as to which purchases are Eligible Purchases will be final. Our credits are not transferable, have no cash value, and are not redeemable for cash.
Your credit back will be earned and deposited into your account after your order is shipped and it will be calculated based upon your purchase price less all discounts, applicable taxes and shipping fees. Your rewards total will be updated on the same day that you place an order.
Your credit back amount will not expire as long as you maintain your Membership. If you cancel or fail to renew your Membership, all of your previously earned credits will expire and become non-redeemable 30 days after the expiration of the Membership. You will not be given credit for purchases made while your Membership is inactive or expired.
If you return an item/order, the credits earned for that purchase will be deducted from your rewards balance. If you lack sufficient credits in your rewards balance, the credits earned on previous purchases will be deducted from your refunds on a dollar-for-dollar basis. All rewards are only redeemable if you have an active Membership. You may check your available credit balance at any time by navigating to your Everyday Yoga account page and then viewing the Rewards Summary.
3.Conditions to the EDY Benefits Program
The following are the conditions to participating in the EDY Benefits Program:
(a) For the Member discount and other benefits to apply, the Membership account must be active, the Member must be logged in to his or her Everyday Yoga account, and the account must be available at the time of purchase. Members are expected to submit and maintain accurate and current information in connection with their Membership and their Everyday Yoga account. This information includes name, address, email address and phone number. Members will not be reimbursed retroactively for purchases made without an active Membership at the time of purchase.
(b) The Member discount is only valid on eligible purchases on everydayyoga.com. The Member discount is not available for the purchase of gift cards.
(c) The Member discount may not be used to purchase products that qualify for a quantity discount. Memberships are for individual use only and are non-transferable. The Membership benefit is not available to any company or corporate entity or enterprise. Each Member number may only be associated with one Everyday Yoga account.
(d) Employees of Spiraledge, Inc. are not eligible to receive Membership benefits unless they have purchased a Membership.
4.EDY Benefit Term
Your right to receive EDY Benefits lasts as long as you maintain your Membership.
5.Marketing and Email Communications
Unless you expressly opt-out, by being a Member you automatically subscribe to our email and other marketing communications. You may unsubscribe from our email and other marketing communications by clicking on the "Unsubscribe" link within the email. Unsubscribing from our communications will not discontinue your Membership. If you do not wish to receive future communications, you can request that they be discontinued by updating your settings in your "My Account" page or by contacting our Customer Support team. We note that Members who unsubscribe from our communications may continue to receive non-marketing emails, postal mail and other transactional communications from us relating to the Membership.
6.Termination and Modification of EDY Benefits
All EDY Benefits are at our sole discretion. We reserve the right to modify or terminate any of the EDY Benefits at any time, with or without notice, even though such changes may affect the credits you have already earned.
8.Disclaimers and Limitation of Liability
The EDY Benefits are provided on an "as is" and "as available" basis. To the fullest extent permitted by law, we will not be liable for any damages of any kind arising from your EDY Benefits, including damages arising out of changes to or termination of the Membership. This is a comprehensive limitation of liability that applies to all damages of any kind. To the extent permitted by law, the limitations on our liability shall apply whether for breach of contract, or whether in tort, civil liability by way of negligence, gross negligence, strict liability, or otherwise, even if advised of the possibility of such damage. By agreeing to these terms, you agree that you have relinquished your right to seek these damages from us and that this is a reasonable allocation of risk. In the event that we are found liable to you, you shall only be entitled to recover your actual and direct damages and such damages shall not exceed the Membership fees paid by you during the preceding twelve months before your claim.
This Agreement shall be governed by, and construed in accordance with, the laws of the State of California, without regard to conflict of law principles. All actions arising under this Agreement shall be heard in courts of appropriate jurisdiction located in Santa Clara County, California.
Please read this section carefully. It affects rights that you may otherwise have. It provides for resolution of most disputes through arbitration instead of court trials and class actions. Arbitration is more informal than a lawsuit in court, uses a neutral arbitrator instead of a judge or jury, and discovery is more limited. Arbitration is final and binding and subject to only very limited review by a court. This arbitration clause shall survive termination of this Agreement.
Any controversy or claim arising out of or relating to this Agreement or the Membership shall be settled by arbitration administered by the American Arbitration Association under its Commercial Arbitration Rules (including the Supplementary Procedures for Consumer-Related Disputes), and judgment on the award rendered by the arbitrator(s) may be entered in any court having jurisdiction thereof. Any such controversy or claim shall be arbitrated on an individual basis and shall not be consolidated with any claim or controversy of any other party. Class actions are not permitted under this Agreement and you are agreeing to give up the ability to participate in a class action. You agree that each of us are waiving the right to trial by jury. The arbitrator's decision will follow this Agreement and will be final and binding. The arbitrator will have authority to award temporary, interim or permanent injunctive relief or relief providing for specific performance of this Agreement but only to the extent necessary to provide relief warranted by the individual claim before the arbitrator. The award rendered by the arbitrator may be confirmed and enforced in any court of appropriate jurisdiction located in Santa Clara County, California. The foregoing shall not preclude us from seeking any injunctive relief in State or Federal courts for protection of our intellectual property rights. All arbitrations under this Agreement shall be held in Santa Clara County, California.
11.Changes to this Agreement
We may change the terms of this Agreement at any time without notice to you by posting an amended Agreement on the Membership page located at both everydayyoga.com and practice.com. Any change shall take effect immediately, unless we provide otherwise. If you continue to accept EDY Benefits after we change this Agreement, you will be deemed to have accepted the amended Agreement.
The date of this Agreement is December 16, 2021.