Terms of Service.
Updated: April 2022.
Agreement to Terms
These Terms of Service constitute an agreement made between you and S. Christina Boyd, Highpoint Mind & Movement, located in Flagstaff, Arizona, United States (we, us), concerning your access to and use of the Highpoint Mind & Movement website (https://www.highpointaz.com) as well as any related applications (the Site). You agree that by accessing the Site, you have read, understood, and agree to be bound by these Terms of Service.
You may not access or use the Site for any purpose other than that for which we make the site and our services available. The Site may not be used in connection with any commercial endeavors except those that are specifically endorsed or approved by us.
We reserve the right to modify or withdraw, temporarily or permanently, this website (or any part thereof) with or without notice to you; you confirm that we shall not be liable to you or any third party for any modification to or withdrawal of the website.
We reserve the right to change these conditions from time to time; your continued use of the website (or any part thereof) following such change shall be deemed to be your acceptance of such change. It is your responsibility to check to determine whether the conditions have been changed.
Acceptable Use
All copyright is retained by the site owner, S. Christina Boyd of Highpoint Mind & Movement. No part of the Site, Services, or Our Content may be copied, reproduced, aggregated, republished, uploaded, posted, publicly displayed, encoded, translated, transmitted, distributed, sold, licensed, or otherwise exploited for any commercial purpose whatsoever, without our express prior written permission.
Content
The content on the Site is provided for general information and education only. It is not intended to amount to advice on which you should rely. You should obtain professional or specialist advice before taking, or refraining from taking, any action on the basis of the content on the Site.
Provided that you are eligible to use the Site, you are granted a limited license to access and use the Site and Our Content and to download or print a copy of any portion of the Content to which you have properly gained access solely for your personal, non-commercial use.
There may be opportunities for you to post content to the Site or send feedback to us (User Content). You understand and agree that your User Content may be viewed by other users on the Site, and that they may be able to see who has posted that User Content.
Medical/Health Disclaimer
All content and information on this website does not constitute medical advice and your use of my videos and the Site does not establish any kind of doctor-patient relationship. Although I strive to provide accurate general information, the information presented here is not intended for the prevention or treatment of disease, injury, or emotional and behavioral issues. You should not rely on this information as a substitute for medical or professional advice, diagnosis, or treatment. Always consult your physician, psychiatrist, counselor, or physical therapist regarding your particular needs and circumstances prior to making any exercise or treatment decisions. Your use of my videos is solely at your own risk and you assume liability for any injury which may occur.
If you experience faintness, dizziness, pain, or shortness of breath at any time, you should stop immediately. In the event of a medical or health emergency, please call 911 or appropriate emergency responders immediately.
Links to Third-Party Content
The Site may contain links to websites or applications operated by third parties. We do not have any influence or control over any such third party websites or applications or the third party operator. We are not responsible for any third party websites or applications or their availability or content.
We accept no responsibility for advertisements or links contained within the Site. If you agree to purchase goods and/or services from any third party who advertises in the Site, you do so at your own risk.
The Site may contain affiliate links which will grant us a commission if you purchase from those sites.
Our Offers and Pricing
We offer services, online class registration, and digital downloads on this Website. The price of these services and digital and physical products can be found listed on the Website, including all applicable taxes and other fees.
Security of Data
We will take all reasonable care, in so far as it is in our power to do so, to keep the details of your order and payment secure. We use a secure external payment processing service. In the absence of negligence on our part we cannot be held liable for any loss you may suffer if a third party procures unauthorized access to any data you provide when ordering from the website.
Additional policies which also apply to your use of the Site include our Privacy Policy, which sets out the terms on which we process any personal data we collect from you, or that you provide to us. By using the Site, you consent to such processing and you warrant that all data provided by you is accurate.
Purchases
When you make a purchase on the Website, a the third party payment processor will collect your payment information and process your payment. We are not responsible for the collection, use, sharing or security of your billing information by these third party payment processors. The following payment method(s) are accepted by the third party payment processors: American Express, MasterCard, and Visa.
You hereby represent and warrant that you have the legal right to use the payment method(s) in connection with any purchase and that the information that you supply to us and to the third party payment processor(s) is true, correct and complete.
Cancellation Policy
We do not offer you the ability to cancel any purchases that you have made of the services and digital products offered on our Website.
We do not reserve the right to cancel your purchase.
Refund Policy
There are no refunds for classes; however, if you are unable to attend a class, someone may attend in your place. Please email me or call (928) 863-0595 to make arrangements.
Accounts
When you create an account on our Website, you guarantee that you are 18 years of age or older and that the information that you provide us is accurate, complete, and current at all times. Inaccurate, incomplete, or obsolete information may result in the immediate termination of your account on the Website.
You are responsible for maintaining the confidentiality of your account and password, including but not limited to the restriction of access to your computer and/or account. You agree to accept responsibility for any and all activities or actions that occur under your account and/or password, whether your password is with our Website or a third party service. You must notify us immediately upon becoming aware of any breach of security or unauthorized use of your account.
We reserve the right to terminate your account anytime at our sole discretion. You can terminate your account by contacting us.
Prohibited Uses
You agree that you will use this Website in accordance with all applicable laws, rules, regulations and these Terms at all times. The following is a non-exhaustive list of prohibited uses of this Website. You agree that you will not perform any of the following prohibited uses:
Impersonating or attempting to impersonate S. Christina Boyd, Highpoint Mind & Movement or its representatives, subsidiaries or divisions;
Misrepresenting your identity or affiliation with any person or entity;
Sending or attempting to send any advertising or promotional material, including but not limited to spam, junk mail, chain mail or any similar material;
Engaging in any conduct that restricts or inhibits any person’s use or enjoyment of the Website, or which, as determined in our sole discretion, may harm us or the users of this Website or expose us or other users to liability;
Using the Website in any manner that could disable, overburden, damage or impair the Website or interfere with another party’s use of the Website;
Using any robot, spider or other similar automatic technology, process or means to access or use the Website for any purpose, including monitoring or copying any of the material on this Website;
Using any manual process or means to monitor or copy any of the material on this Website or for any other unauthorized purpose;
Using any device, software, means or routine that interferes with the proper working of the Website, including but not limited to viruses, trojan horses, worms, logic bombs or other such materials;
Attempting to gain unauthorized access to, interfering with, damaging or disrupting any parts of the Website, the server(s) on which the Website is stored, or any server, computer or database connected to the Website;
Attempting to attack or attacking the Website via a denial-of-service attack or a distributed denial-of-service attack;
Otherwise attempting to interfere with the proper working of the Website;
Using the Website in any way that violates any applicable federal, state or local laws, rules or regulations.
No Warranty on Website
This Website is provided “as is,” No warranty, express or implied (including any implied warranty of merchantability, of satisfactory quality or fitness for a particular purpose or use) shall apply to this Website, whether arising by law, course of dealing, course of performance, usage of trade or otherwise.
Availability, Errors and Inaccuracies
We assume no liability for the availability, errors or inaccuracies of the information, products or services provided on this Website. We may experience delays in updating information on this Website and in our advertising on other websites. The information, products and services found on the Website may contain errors or inaccuracies or may not be complete or current. Products or services may be incorrectly priced or unavailable. We expressly reserve the right to correct any pricing errors on our Website. The inclusion or offering of any product or service on this Website does not constitute an endorsement or recommendation of such product or service by us.
Damages and Limitation of Liability
In no event shall S. Christina Boyd, Highpoint Mind & Movement be liable for any direct, indirect, punitive, incidental, special or consequential damages arising out of, relating to or in any way connected with your access to, display of or use of this Website or with the delay or inability to access, display or use this Website, including but not limited to your reliance upon opinions or information appearing on this Website; any computer viruses, information, software, linked websites operated by third parties, products or services obtained through this Website, whether based on a theory of negligence, contract, tort, strict liability, consumer protection statutes or otherwise, even if S. Christina Boyd, Highpoint Mind & Movement has been advised of the possibility of such damages.
This limitation of liability reflects the allocation of risk between you and us. The limitations specified in this section will survive and apply even if any limited remedy specified in these Terms of Use is found to have failed of its essential purpose. The limitations of liability provided in these Terms of Use inure to the benefit of S. Christina Boyd, Highpoint Mind & Movement. The aggregate liability of S. Christina Boyd, Highpoint Mind & Movement, arising out of or relating to this Website, whether arising out of or related to breach of contract, tort (including negligence) or otherwise shall be limited to the amount of fees actually received by S. Christina Boyd, Highpoint Mind & Movement by you.
Intellectual Property
All contents of this Website are Copyright of S. Christina Boyd, Highpoint Mind & Movement or third parties. All rights reserved. Unless specified otherwise, this Website and all content and other materials on this Website including but not limited to all logos, designs, text, graphics, pictures, information, data, software, sound files and arrangement thereof (collectively, “Content”) are the proprietary property of S. Christina Boyd, Highpoint Mind & Movement and are either registered trademarks, trademarks or otherwise protected intellectual property of S. Christina Boyd, Highpoint Mind & Movement or third parties in the United States and/or other countries.
If you are aware of a potential infringement of our intellectual property, please contact us.
We respect the intellectual property rights of others. We will respond to any claim that Content posted on the Website infringes on the copyright, trademark or other intellectual property rights of any person or entity.
If you believe in good faith that the Content infringes on your intellectual property rights, you or your agent may send us a written notice of such infringement and must include the following information:
An electronic or physical signature of the person authorized to act on behalf of the owner of the intellectual property right’s interest;
A description of the work that you claim has been infringed, including the URL (i.e., web page address) of the location where the work exists or a copy of the work;
Your name, email, address and telephone number; and
A statement by you that you have a good faith belief that the disputed use is not authorized by the owner of the work, its agent or the law.
Please note that we will not process your complaint if it is not properly filled out or is incomplete. You may be held accountable for damages, including but not limited to costs and attorneys’ fees for any misrepresentation or bad faith claims regarding the infringement of your intellectual property rights by the Content on this Website.
You may submit your claim to us by contacting us at:
Highpoint Mind & Movement c/o S. Christina Boyd
christina@highpointaz.com
2501 N Fourth St, Ste 18-B
Flagstaff, AZ 86004
United States
Governing Law, Severability, Dispute Resolution and Venue
These Terms shall be governed and construed in accordance with the laws of the state of Arizona, United States, without regard to its conflict of laws provisions. These terms shall not be governed by the United Nations convention on contracts for the sale of international goods, the Uniform Commercial Code, nor Incoterms.
Our failure to enforce any right or provision of these Terms will not be considered a waiver of that right or provision. If any provision of these Terms is held to be invalid or unenforceable by a court, the remaining provisions of these Terms will remain in effect. These Terms constitute the entire agreement between you and us regarding our Website, and supersede and replace any prior agreements we might have had with you regarding the Website.
Any controversy or claim arising out of or relating to these Terms including but not limited to the interpretation or breach thereof shall be resolved in a court of competent jurisdiction in Coconino County, Arizona.
You and Highpoint Mind & Movement agree that each may bring claims against the other only in your or its individual capacity and not as a plaintiff or class member in any class or representative action.
Changes to Terms of Service
We reserve the right to make changes to these Terms of Service at any time. We will not provide you with any notice when we make changes to this Terms of Service but we will notify you of any changes by posting the updated Terms of Service on this page.
Questions
If you have any questions about our Terms of Service, please contact us.