Please read the Terms of Use for Digital Products carefully and in their entirety before purchasing and participating in Digital Products (hereinafter referred to as the “Program”). The Program and its content are owned by Tory J. Nash and Daily Practice Studios LLC.
- Definitions:
“Company”, “We”, “I”, “Our”, or “Us” means Tory J. Nash and Daily Practice Studios LLC.
“Participation”, “Participating”, “Using”, or “Use” means reading, implementing, trying, or otherwise engaging in the Program.
“You” “User” or “Your” means the purchaser and person using the Program.
- Consent:
By participating in the Program, you implicitly and voluntarily agree to act in accordance with, and abide by, these Terms of Use.
- DISCLAIMER:
By participating in the Program, you understand that Tory J. Nash is a 500 Hour Certified Yoga Teacher and 650 Hour Certified Ayurvedic Health Counselor. We are not medical doctors, psychologists/psychiatrists, or other licensed medical professionals. You are expected to discuss any changes to your health, diet, or exercise regimen with your physician or another medical professional first before trying them.
This Program is for informational and educational purposes only. The information and education provided in the Program is not intended or implied to supplement or replace professional medical treatment, advice, and/or diagnosis.
Although we do our best to make sure all of the Program’s content is up to date and/or accurate, we do not make any representation that all the information is accurate or free of errors at all times. We do not assume any responsibility for accuracy of the Program’s information, or its safety or efficacy as it applies to you. You should review any and all changes to your diet, lifestyle, exercise regimen, or supplement routine with your medical professional.
- Assumption of the Risk:
YOU MUST ENSURE YOU ARE PHYSICALLY CLEARED BY YOUR PHYSICIAN TO PARTICIPATE IN THE PROGRAM BEFORE PARTICIPATING. If you have any injuries or limitations, please have them cleared by your physician before attempting to participate in the Program.
By participating in the Program, you are assuming the risk of participating in it and agree to only participate if medically cleared to do so. We are not responsible or liable for your participation in the Program.
- Changes to These Terms of Use:
We reserve the right to change, amend, or otherwise alter these Terms of Use at any time without notice to you. When changes are made to these Terms of Use, we will update the “Updated on” date at the bottom of this page. If you do not agree to these Terms of Use, please do NOT register for any Program.
- Intellectual Property Ownership:
The Program and its content, including, but not limited to, audio files, video files, guides, eBooks, worksheets, and workbooks, are intellectual property owned by Tory J. Nash and Daily Practice Studios LLC. Any violations of this term, and all terms contained herein, will be legally pursued to the fullest extent permitted by law.
- No Sharing:
You cannot distribute, copy, forward, and/or share the Program or any of its content with anyone else. If you share distribute, copy, forward, download and/or share the Program or any of its content with anyone else you will be removed from the Program immediately, no refund will be issued, and you will be prevented from registering for any future offerings of Tory J. Nash and Daily Practice Studios LLC.
Any violations of these Terms of Use will be legally pursued to the fullest extent permitted by law.
- No Personal Recording:
You may not create a personal audio or video recording of the Program. You may not download a personal copy of any audio or video files shared with you in connection with the Program. If you create or download any audio or video files from the Program you will be removed from the Program immediately, no refund will be issued, and you will be prevented from registering for any future offerings of Tory J. Nash and Daily Practice Studios LLC.
Any violations of these Terms of Use will be legally pursued to the fullest extent permitted by law.
- Use of Technology:
You must ensure that your applications are up to date. You must ensure that your computer or tablet and internet equipment are in good working order, including having devices fully charged and connected to the internet, prior to the Program. Tory J. Nash and Daily Practice Studios LLC are not responsible for your inability to participate in the Program due to failure of your equipment.
- No Claims Made Regarding Results:
Any and all current or past-client testimonials, statements, or examples used by us are simply that: examples. They are not guarantees that you will also experience or receive the same results. Each person and his/her circumstances are unique, and nothing shall be interpreted as a guarantee that you will experience the same results as another client of ours.
- DISCLAIMER – No Warrantees, Guarantees, or Representations Are Being Made:
We do not offer any representations, guarantees, or warranties, of any variety, regarding the Program in any way. The Program is offered “AS IS” and without representations, guarantees, or warranties of any kind, including but not limited to, implied warranties of merchantability and fitness for a particular purpose, neither express nor implied, to the extent permitted by law. We are not liable for damages of any kind related to your use of the Program.
- Your Release of Us, Indemnification, Hold Harmless:
To the fullest extent permitted by law, Daily Practice Studios LLC expressly disclaims liability for any direct, indirect, and/or consequential damages suffered by you related to your purchase or use of, or participation in, the Program, its materials, our website, or any other information obtained by you from us. By enrolling in the Program, you hereby agree to this limitation of liability and release Daily Practice Studios LLC from any and all claims.
By participating in and/or purchasing the Program, you agree to release, forgive, forever discharge, defend, indemnify, and hold harmless Daily Practice Studios LLC, our subsidiaries, employees, agents, contractors, subcontractors, shareholders, directors, officers, coaches, assignees, licensees, and affiliates from any and all claims, suits, actions, charges, demands, liabilities, damages, judgments, and/or costs, related to, or arising out of, your purchase of or participation in the Program and/or your breach of any obligation, warranty, covenant, or representation set forth in these Terms of Use.
By enrolling in the Program, you agree to release us from any and all claims, and further agree to at all times defend, indemnify, and hold harmless Daily Practice Studios LLC as stated in this section herein.
- Our Refund Policy:
A. No Refunds We will do everything within our ability (and within reason) to ensure your satisfaction. Due to the nature of digital products, the Program is non-refundable and non-transferrable. This policy is firm. If you have any questions or concerns, or if there is anything we can do to make your experience a more pleasant one, please email Tory J. Nash at tory@toryjnash.com
B. No Chargebacks You will not, under any circumstances, issue or threaten to issue any chargebacks to the Company or to your credit card and/or Square, Inc. for any reason whatsoever related to the Program. In the event of a chargeback, the Company reserves its right to report it to the credit bureaus as a delinquent account.
- Communication + Business Hours:
Business hours are Mondays through Thursdays. During that time emails are replied to once per day. In general, you can expect a reply within 1-2 business days, excluding national holidays and vacations.
- ARBITRATION CLAUSE:
If you have any complaint or should any issue arise in the use of the Program, please contact us directly first by emailing Tory J. Nash at tory@toryjnash.com
However, if we are unable to amicably resolve your dispute in that manner, you agree that you and Tory J. Nash and Daily Practice Studios LLC shall submit your dispute to binding arbitration with the American Arbitration Association, before an arbitrator that is mutually agreed upon, in accordance with the American Arbitration Association’s (“AAA”) rules.
By agreeing to this term, you hereby agree and understand that you’re waiving your right to a jury trial in court, which would otherwise be available to you if not for this Arbitration Clause. Should any arbitration hearing need to be held, it shall be held within 50 miles of Lansing, Michigan.
If the arbitrator issues an award and a judgment is made, the judgment will be binding and will be entered in court in the State of Michigan. The only award that can be issued to you is a refund of any payment made to Daily Practice Studios LLC for the applicable Program. You are not permitted to seek additional damages, including consequential or punitive damages.
- Limitation of Liability:
Tory J. Nash and Daily Practice Studios LLC are not responsible or liable in any way for any and all damages you receive directly or indirectly from your participation in the Program. We do not assume liability for damages, injuries, harm, death, misuse of (or failure to properly use) the Program or its content, due to any act, or failure to act, by you. IN NO PROGRAM SHALL WE BE LIABLE TO YOU FOR ANY INDIRECT, SPECIAL, EXEMPLARY, OR CONSEQUENTIAL DAMAGES.
- Payment + Purchase Terms:
When you pay for the Program by credit card, you authorize and give permission to Daily Practice Studios LLC to charge your credit or debit card for the amount owed for payment of the Program. When you purchase the Program, your information (i.e. credit card and contact info) may be collected by the third-party merchant Square, Inc., who may have privacy policies or security practices that are different than ours. Tory J. Nash and Daily Practice Studios LLC is not responsible for the merchant’s independent policies or practices.
- Severability:
The provisions of these Terms of Use shall be deemed severable, and the invalidity or unenforceability of any provision shall not affect the validity and enforceability of any other provision hereof. If any Section, subsection, sentence, or clause of these Terms of Use shall be adjudged illegal, invalid, or unenforceable, such illegality, invalidity, or unenforceability shall have no effect on the Terms of Use as a whole or on any Section, subsection, sentence, or clause hereof not expressly so adjudged.
- Applicable Law:
These Terms of Use shall be governed by the laws of the State of Michigan.
By purchasing and/or participating in the Program, you implicitly signify your agreement to all of the terms in these Terms of Use.
If you have any questions about the Terms of Use, please contact Tory J. Nash at tory@toryjnash.com
Updated on September 13, 2022
