TERMS AND CONDITIONS
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These Sunroom Psychiatry LLC Student Terms & Conditions (the “Student Terms & Conditions”) govern your participation in Activities as defined in the Sunroom Psychiatry LLC Terms of Use and include legal terms and disclaimers. All capitalized terms not otherwise defined herein shall have the same meaning as the Sunroom Psychiatry LLC Terms of Use. The Sunroom Psychiatry LLC Terms of Use are incorporated by reference into these Student Terms & Conditions.
PLEASE READ THE FOLLOWING TERMS CAREFULLY BEFORE YOU USE OR ACCESS THE SERVICES OR ANY OF THE PRODUCTS OR ENGAGE IN ACTIVITIES THAT ARE AVAILABLE ON OR THROUGH THE SERVICES, AS THESE STUDENT TERMS & CONDITIONS AFFECT YOUR LEGAL RIGHTS.
These Student Terms & Conditions include an Arbitration Agreement, which will govern any dispute between you and Sunroom Psychiatry LLC . Unless you opt out as described below, this Arbitration Agreement will:
Eliminate your right to a trial by jury; and
Substantially affect your rights, including preventing you from bringing, joining, or participating in class, representative, or consolidated proceedings.
I. YOUR ACCEPTANCE OF THESE STUDENT TERMS & CONDITIONS
By engaging in Activities, you are agreeing to comply with and be bound by these Student Terms & Conditions. If you do not agree to these Student Terms & Conditions, you may not access, use, or participate in the Activities.
II. THESE STUDENT TERMS & CONDITIONS MAY CHANGE
Sunroom Psychiatry LLC reserves the right to modify or add to these Student Terms & Conditions at any time, effective as of the posting of the new or revised Student Terms & Conditions or a later date as may be specified in the new or revised Student Terms & Conditions. You agree that we may notify you of the new or revised Student Terms & Conditions by making them available via the Services, and that your use of the Services after the effective date of the new or revised Student Terms & Conditions (or engaging in such other conduct as we may reasonably specify) constitutes your agreement to the new or revised Student Terms & Conditions. We therefore encourage you to review these Student Terms & Conditions every time you use the Services. We may also provide notice to you of any update to these Student Terms & Conditions in other ways in our discretion, such as through contact information you have provided, all in accordance with applicable laws and our Policies.
III. YOUR COMPLIANCE WITH SUNROOM PSYCHIATRY LLC RULES & DIRECTIONS
By participating in Activities, you agree to observe all rules and directions of SUNROOM PSYCHIATRY LLC and the locations (in-studio, in person, online or otherwise) at which Activities take place (“Rules”). We reserve the right to take any action that we deem appropriate in the exercise of our discretion, including but not limited to suspension or termination of your privilege to participate in Activities, for violation of Sunroom Psychiatry Rules and directions.
IV. SUNROOM PSYCHIATRY LLC MONTHLY MEMBERSHIP PROGRAM (AUTO-RENEWING) TERMS AND CONDITIONS
The Sunroom Psychiatry LLC All Access Membership Program (the “All Access Membership”) is a program of Sunroom Psychiatry LLC. The All-Access Membership is designed to offer benefits to Sunroom Psychiatry LLC students who commit to a monthly autopay membership. The terms and conditions of the Membership Program (the “Membership Program Rules”) are as follows:
1. Membership Program Eligible Participants; Enrollment; Continuing Eligibility
Eligible participants in the All-Access Membership are individuals who enroll for a monthly autopay Sunroom Psychiatry LLC membership using a valid debit or credit card and maintain on file a valid debit or credit card for charges described below. As part of enrollment or continued membership, any other required membership documents, agreements, and waivers must also be completed and submitted, including any All-Access Membership forms. To continue to be eligible in the All-Access Membership, the participant’s membership and membership account must remain in good standing with Sunroom Psychiatry LLC at all times, including, without limitation, by not freezing or canceling as described in Section 5. below, or changing the participant’s Sunroom Psychiatry LLC membership, or allowing the participant’s Sunroom Psychiatry LLC membership to be terminated or lapse, and by continually maintaining payment by autopay for participant’s monthly membership fees. Once All Access Membership eligibility ceases, a member may not take advantage of All Access Membership benefits. Sunroom Psychiatry LLC reserves the right to change the monthly membership rate from time to time, subject to any applicable discounts or promotions. Sunroom Psychiatry LLC also reserves the right to adjust the member’s rate to the then-current monthly membership rate of the billing zip code associated with the member’s credit card on file if that rate differs from the applicable rate at the studio at which the member signed up or in the event the member relocates to a geography on a different price structure from the member’s original home studio, subject to any discounts or promotions the member was subject to at the time of inception of the membership.
2. Benefits of the Membership Program
As of the date of these Membership Program Rules, the standard benefits of the All-Access Membership are as follows:
A. Unlimited Yoga, unlimited wellbeing classes, 2 guest passes, 15% off retail; Monthly Fee; Surcharges. Unlimited participation in open yoga classes at the Sunroom Psychiatry LLC studio, subject to class size and availability. The All-Access Membership fee is a monthly fee. All-Access Program membership fees for online membership purchases are set forth at www.sunroomchicago.com. Members’ membership fees are subject to change after enrollment. Membership fees are subject to applicable taxes, assessments and, as described below, Sunroom Psychiatry LLC surcharges. Membership is nontransferable and nonrefundable.
B. Special Offers. Special classes and offers that may be offered from time to time by Sunroom Psychiatry LLC locations for All Access Membership members.
3. Restrictions
All-Access Membership benefits are nontransferable and may only be used by the applicable member, and only so long as the individual is in good standing with Sunroom Psychiatry LLC. All-Access Membership benefits have no cash value and are not redeemable for cash or any substitute. All-Access Membership benefits cannot be combined with any other offer, coupon, or promotion, including any other promotional offers available to All-Access Membership participants through the All-Access Membership. All-Access Membership benefits cannot be applied to a prior purchase.
4. Founding Membership Program - Additional Terms and Benefits
Founding Membership Program (“Founding Membership”) is a special category of the Membership Program available only to new members of a newly opening Sunroom Psychiatry LLC studio who respond to an offer from Sunroom Psychiatry LLC to enroll in the Membership Program with a discounted monthly membership fee. Members are subject to the general Membership Program Rules, and additional terms and conditions below:
Discounted Membership Fee. The Founding Membership is a discounted monthly fee as set forth in the invitation for the applicable new studio. Membership freezes and cancellations are subject to the terms described in Membership Program benefits above. There is no activation fee. The minimum commitment is two (3) months. Prices are subject to applicable taxes, assessments and, as described above, Sunroom Psychiatry LLC surcharges. Membership is nontransferable.
Eligibility. Eligible participants in the Founding Membership are individuals who (a) have not had in the four (4) months prior to requesting enrollment in a Founding Membership at the applicable new Sunroom Psychiatry LLC studio any of the following: (i) a Sunroom Psychiatry LLC Membership Program membership of any kind, and (ii) any other form of monthly membership, and (b) enroll for a monthly autopay Sunroom Psychiatry LLC membership using a valid debit or credit card for a new, to-be-opened, Sunroom Psychiatry LLC studio at which memberships for such studio are offered by Sunroom Psychiatry LLC. As part of enrollment, all required membership documents, agreements and waivers must also be completed and submitted, including any Membership Program or Founding Membership Program forms. Enrollment for Founding Membership for a new studio begins at the time Sunroom Psychiatry LLC begins publicly distributing invitations for such new studio and ends when the deal is no longer being offered. To continue to be eligible for the Founding Member membership, the participant’s membership and membership account must remain in good standing with Sunroom Psychiatry LLC at all times, including, without limitation, by not terminating or changing the participant’s Sunroom Psychiatry LLC membership, or allowing the participant’s Sunroom Psychiatry LLC membership to be terminated, canceled or lapse, and by continually maintaining payment by autopay for participant’s monthly membership fees. Once eligibility ceases, a member will no longer have the Founding Membership or other Membership Program benefits. The monthly membership rate shall be based on then-current Founding Membership monthly rate associated with the studio at which the member signs up and subject to any applicable promotions or discounts. Sunroom Psychiatry LLC reserves the right to change the monthly membership rate from time to time, subject to any applicable discounts or promotions. Sunroom Psychiatry LLC also reserves the right to adjust the member’s rate in the event the member relocates, subject to any discounts or promotions the member was subject to at the time of inception of the membership.
5. Auto-Renewal Agreement Terms and Member Card Charge Authorization
All-Access Membership Program and Founding Membership Program, (each a “Monthly Program”) are all monthly auto-renewing memberships with a three-month minimum commitment. Sunroom Psychiatry LLC reserves the right to create additional monthly programs in the future. You understand that your Monthly Program membership will continue to renew monthly until you properly freeze or cancel your membership (as described in “Freezes and Cancellations” below). You understand that you will be expected to pay any and all fees and charges associated with your account that are outstanding when your account is frozen or canceled.
You authorize Sunroom Psychiatry LLC, and their respective third-party payment processor(s) to charge your debit or credit card on a monthly basis for the price of your Monthly Program membership, and for any other fees and charges as and when incurred by you in using your Sunroom Psychiatry LLC membership, or Sunroom Psychiatry LLC products, services, or facilities, including without limitation, all reservation and late cancel/no show fees. Changes to this authorization agreement by Sunroom Psychiatry LLC will be reflected in any changes to this Auto-Renewal Agreement Terms and Member Card Charge Authorization. We will notify you of any changes to these Auto-Renewal Terms and Member Card Charge Authorization via email to the email address associated with your account.
A. Freezes, Cancellations and Terminations
(i.) Freeze. A Monthly Program member may for up to (but not more than) one (1) month in a calendar year (which must be consecutive weeks) freeze the member’s Monthly Program membership. During the freeze month, the member will not receive any Monthly Program or other Sunroom Psychiatry LLC benefits, but will maintain the member’s Monthly Program rate. In the event the member is pregnant or deployed to active military duty, Sunroom Psychiatry LLC may permit a member to freeze a membership for longer than 1 month and may request information reasonable to verify deployment or pregnancy. To freeze your Monthly Program membership, email helloyoga@sunroomchicago.com with “FREEZE MY ACCOUNT” in the subject line. Your unfrozen membership will be subject to the Auto-Renewal Agreement Terms and previously-provided Member Card Charge Authorization described above in “Auto-Renewal Agreement Terms and Member Card Charge Authorization.” Your Monthly Program and Sunroom Psychiatry LLC benefits will reinstate once one (1) freeze month has been used in a calendar year and you will be charged for the next month’s membership following the end of your freeze on the first day of your billing cycle. You may also unfreeze your Monthly Program membership by emailing helloyoga@sunroomchicago.com with “UNFREEZE MY ACCOUNT” in the subject line. A freeze is based on the member’s monthly billing cycle and will take effect after the last day of the current member billing cycle month; Sunroom Psychiatry LLC does not prorate months of membership, does not provide refunds or credits for any partial month, and does not freeze accounts for partial months. If you cancel your membership during the freeze, you will forfeit Monthly Program Enrollment and benefits, and may later reapply for Sunroom Psychiatry LLC membership at then-current Sunroom Psychiatry LLC membership rates, subject to any applicable terms, conditions, limitations, and restrictions.
(ii.) Cancellation. The services under this Agreement shall begin within six (6) months after the date of the Agreement, and if the services have not begun within such time frame, you may cancel this agreement and receive a pro rata refund. You may also have a right to immediate cancellation in specific circumstances, including in the event of death or disability or other circumstances as required by law.
In all other circumstances not set forth in the prior paragraph, you have the right to cancel your membership in a Monthly Program at any time, after the three-month minimum commitment, for any reason with 30 days’ notice to us, with notice effective on the business day following the day that you notify us of cancellation. Your membership and access to Monthly Program Enrollment and benefits will terminate effective 30 days after the effective date of your notice of cancellation to us. To cancel your Monthly Program membership, email helloyoga@sunroomchicago.com with “CANCEL MY MEMBERSHIP” in the subject line.
(iii.) Termination. Sunroom Chicago LLC may terminate your membership in a Monthly Program, in its sole discretion, if (1) you fail to make timely payments; (2) your method of payment is canceled, interrupted or discontinued for any reason and you do not provide an acceptable alternative; (3) you fail to follow policies posted by Sunroom Psychiatry LLC in studio or online or instructions given by a Sunroom Psychiatry LLC instructor or other employee; or (4) you engage in conduct that Sunroom Psychiatry LLC deems to be detrimental, harmful or inappropriate to yourself, a fellow student, employee of Sunroom Psychiatry LLC or Sunroom Psychiatry LLC.
(iv.) Rejoining. If you cancel your membership in a Monthly Program and wish to become a member again, you must re-enroll for a monthly membership program at the then-prevailing Sunroom Psychiatry LLC Monthly Program membership rates, subject to any applicable terms, conditions, limitations, and restrictions. If Sunroom Psychiatry LLC exercises its right to terminate your membership in a Monthly Program, Sunroom Psychiatry LLC reserves the right to refuse a request to rejoin.
B. Additional Card Charge Authorization
In addition to the member card charge authorizations for memberships elsewhere in these Student Terms & Conditions and Sunroom Psychiatry LLC Terms of Use (if applicable), you understand, whether or not you are a member, you may also be separately asked to provide a valid debit or credit card to keep on file with Sunroom Psychiatry LLC for future transactions. By providing your debit or credit card in response to such inquiry, you authorize Sunroom Psychiatry LLC, its franchisees, and their respective third-party payment processor(s) to charge your debit or credit card for any fees and charges as and when incurred by you in using Sunroom Psychiatry LLC products, services, or facilities, including without limitation all mat rental or other charges, reservation, and late cancel/no show fees. Changes to this authorization agreement by Sunroom Psychiatry LLC will be reflected in any changes to this Additional Card Charge Authorization.
C. Other Offers
Sunroom Psychiatry LLC may also offer any Monthly Program through specific and/or restricted portals or methods (for example, specific Sunroom Psychiatry LLC social media sites), and offer different, additional and/or modified benefits, terms and conditions for participants accepting through such portals or methods. Sunroom Psychiatry LLC reserves the right to condition eligibility for such offers to participants utilizing such portal/method to accept or respond to such offer. For such additional eligibility requirements and, if applicable, different, additional and/or modified benefits, consult the terms of the specific offer. The foregoing actions may be taken even though such actions may affect benefits in any Monthly Program or your participation therein.
V. PURCHASED STUDIO CLASSES TERMS AND CONDITIONS
If you are not a Sunroom Psychiatry LLC Membership Program member, you may purchase individual Sunroom Psychiatry LLC in-studio classes at www.sunroomchicago.com or from a participating Sunroom Psychiatry LLC studio. In our various materials, we may refer to a class or classes as “purchased studio class/classes,” “in-studio class/classes,” “studio class/classes,” or simply “class/classes,” and to multiple classes available for purchase and storage in your account as a “class pack.” Sunroom Psychiatry LLC may also make available studio classes on a promotional basis from time to time, on such additional or other terms and conditions applicable to the promotion. You must have a Sunroom Psychiatry LLC account to make a studio class purchase. If you do not have a membership or an account, you must create an account at www.sunroomchicago.com. Purchased classes will be reflected in your account and may be redeemed and used only at Sunroom Psychiatry LLC participating studios for eligible Sunroom Psychiatry LLC classes. Purchased classes are personal to the purchaser and are not assignable or transferable. Purchased classes are subject to restrictions, which may vary from time to time.
Purchased classes are nonrefundable unless otherwise required by applicable law, nor does Sunroom Psychiatry LLC charge fees associated with purchased classes. Any and all new student special(s) expire 30 days from the date of purchase. Single class and multiple class pack(s) expire 3 months from the date of purchase.
Purchased classes, whether single class or multiple class, are subject to the Sunroom Psychiatry LLC Class Reservation & Cancellation Policy (the “Class Reservation & Cancellation Policy”). Class Reservation & Cancellation Policy is incorporated by reference and available via the Services.
VI. ARBITRATION AGREEMENT WITH CLASS ACTION WAIVER
Mandatory Binding Individual Arbitration. Except as expressly provided below, you agree that any dispute, claim, case, or controversy (whether based in tort, contract, statute, regulation, ordinance, equity, or any other legal theory) between you and Sunroom Psychiatry LLC (whether arising out of or relating to past, present, or future acts or omissions) (“Claims”) shall be exclusively resolved by binding arbitration on an individual basis, rather than in court (“Arbitration Agreement”).
Waiver of Class Actions. You and Sunroom Psychiatry LLC each agree that each party will assert Claims in arbitration only in our individual capacity, and not as a representative or member of any purported class. We each agree that we will not participate in any class, mass, collective, consolidated, private attorney general or other representative arbitration proceeding. Each party agrees that the arbitrator has no authority to arbitrate Claims on a class-wide basis and shall not consolidate, combine, or jointly arbitrate Claims of more than one person in a single arbitration.
Waiver of Jury Trial. Each party waives its constitutional and statutory rights to go to court and have a trial in front of a judge or a jury, electing instead to resolve by binding arbitration all Claims.
Opt-out. You may opt out of this Arbitration Agreement if you send Sunroom Psychiatry LLC a signed, written opt-out notice within thirty (30) days of your initial visit to the Services. Any opt-out notice shall be sent via email to Sunroom Psychiatry LLC at: helloyoga@sunroomchicago.com.
Small Claims Not Subject to Arbitration. Should a Claim fall within the jurisdictional limit of either party’s local small claims court, either party may bring individual Claims in small claims court.
Arbitration Procedures. Either party may initiate an arbitration proceeding, which will be conducted by a single neutral arbitrator.
Arbitration Location. If an in-person hearing is required, then it will take place in Chicago, Illinois, unless the claimant primarily resides outside the United States (in which case the arbitrator will give the parties reasonable notice of the date, time and place of any remote hearings).
Fees. Payment of all filing, administrative, and arbitrator fees will be governed by the Arbitration Rules.
Arbitrator’s Authority and Award. The arbitrator will decide any dispute regarding the enforceability and/or scope of this Arbitration Agreement. The arbitrator will decide the rights and liabilities, if any, of the parties, and the dispute will not be consolidated with any other matters or joined with any other cases or parties. The arbitrator will have the authority to grant motions dispositive of all or part of any Claim. The arbitrator will have the authority to award monetary damages, and to grant any non-monetary remedy or relief available to an individual under applicable law, the ADR Provider’s Rules, and this Arbitration Agreement. The arbitrator will issue a written award and reasoned statement of decision describing the essential findings and conclusions on which the award is based, including the calculation of any damages awarded. The arbitrator has the same authority to award relief on an individual basis that a judge in a court of law would have. Any award will be subject to judicial confirmation or entry in any court having jurisdiction.
Governing Law. This Arbitration Agreement is governed by the Federal Arbitration Act and federal arbitration law.
Confidentiality. All aspects of the arbitration proceeding, including but not limited to, the award of the arbitrator and compliance therewith, will be strictly confidential. The parties agree to maintain confidentiality unless otherwise required by law. This paragraph will not prevent a party from submitting to a court of law any information necessary to enforce this Arbitration Agreement or to enforce an arbitration award.
VII. MISCELLANEOUS
1. No Assignment. These Student Terms & Conditions are not assignable, transferable, or sublicensable by you except with the prior written consent of a duly authorized Sunroom Psychiatry LLC employee.
2. Waiver. Sunroom Psychiatry LLC’s failure at any time to require performance of any provision of these Student Terms and Conditions or to exercise any right provided for herein will not be deemed a waiver of such provision or such right. All waivers must be in writing. Unless the written waiver contains an express statement to the contrary, no waiver by Sunroom Psychiatry LLC or any breach of any provision of these Student Terms & Conditions or of any right provided for herein will be construed as a waiver of any continuing or succeeding breach of such provision, a waiver of the provision itself, or a waiver of any right under these Student Terms & Conditions
3. Severability. If any provision of these Student Terms & Conditions is held by a court of competent jurisdiction to be contrary to law, such provision will be changed and interpreted so as to best accomplish the objectives of the original provision to the fullest extent allowed by law and the remaining provisions of these Student Terms & Conditions will remain in full force and effect.
4. Governing Law. These Student Terms & Conditions will be governed by and construed in accordance with the laws of the State of Illinois without giving effect to any choice or conflict of law provision or rule. For any dispute that is not subject to the Arbitration Agreement herein, the parties hereby submit to and consent to the jurisdiction of the State of Illinois and agree that such litigation shall be conducted in state or federal court in the County of Cook, State of Illinois. You hereby irrevocably consent and submit to the personal jurisdiction of said courts for all such purposes. However, we retain the right to bring legal proceedings in any jurisdiction where we believe that infringement of these Student Terms & Conditions is taking place or originating.
5. Entire Agreement.
These Student Terms & Conditions (together with the Sunroom Psychiatry LLC Terms of Use and Sunroom Psychiatry LLC Liability Waiver, all found at www.sunroomchicago.com) contain the entire understanding and agreement between you and Sunroom Psychiatry LLC with respect to the Services and supersede all previous communications, negotiations, and agreements, whether oral, written, or electronic, between you and Sunroom Psychiatry LLC with respect to the Services and your use of this Site.
TERMS OF SERVICE
This website is operated by Sunroom Psychiatry LLC. Throughout the site, the terms “we”, “us” and “our” refer to Sunroom Psychiatry LLC. Sunroom Psychiatry LLC offers this website, including all information, tools and Services available from this site to you, the user, conditioned upon your acceptance of all terms, conditions, policies and notices stated here. By visiting our site and/ or purchasing something from us, you engage in our “Service” and agree to be bound by the following terms and conditions (“Terms of Service”, “Terms”), including those additional terms and conditions and policies referenced herein and/or available by hyperlink. These Terms of Service apply to all users of the site, including without limitation users who are browsers, vendors, customers, merchants, and/ or contributors of content. Please read these Terms of Service carefully before accessing or using our website. By accessing or using any part of the site, you agree to be bound by these Terms of Service. If you do not agree to all the terms and conditions of this agreement, then you may not access the website or use any Services. If these Terms of Service are considered an offer, acceptance is expressly limited to these Terms of Service. Any new features or tools which are added to the current store shall also be subject to the Terms of Service. You can review the most current version of the Terms of Service at any time on this page. We reserve the right to update, change or replace any part of these Terms of Service by posting updates and/or changes to our website. It is your responsibility to check this page periodically for changes. Your continued use of or access to the website following the posting of any changes constitutes acceptance of those changes. Our store is hosted on Squarespace. They provide us with the online e-commerce platform that allows us to sell our products and Services to you.
SECTION 1 - ONLINE STORE TERMS
By agreeing to these Terms of Service, you represent that you are at least the age of majority in your state or province of residence, or that you are the age of majority in your state or province of residence and you have given us your consent to allow any of your minor dependents to use this site. You may not use our products for any illegal or unauthorized purpose nor may you, in the use of the Service, violate any laws in your jurisdiction (including but not limited to copyright laws). You must not transmit any worms or viruses or any code of a destructive nature. A breach or violation of any of the Terms will result in an immediate termination of your Services.
SECTION 2 - GENERAL CONDITIONS
We reserve the right to refuse service to anyone for any reason at any time. You understand that your content (not including credit card information), may be transferred unencrypted and involve (a) transmissions over various networks; and (b) changes to conform and adapt to technical requirements of connecting networks or devices. Credit card information is always encrypted during transfer over networks. You agree not to reproduce, duplicate, copy, sell, resell or exploit any portion of the Service, use of the Service, or access to the Service or any contact on the website through which the service is provided, without express written permission by us. The headings used in this agreement are included for convenience only and will not limit or otherwise affect these Terms.
SECTION 3 - ACCURACY, COMPLETENESS AND TIMELINESS OF INFORMATION
We are not responsible if information made available on this site is not accurate, complete or current. The material on this site is provided for general information only and should not be relied upon or used as the sole basis for making decisions without consulting primary, more accurate, more complete or more timely sources of information. Any reliance on the material on this site is at your own risk.
This site may contain certain historical information. Historical information, necessarily, is not current and is provided for your reference only. We reserve the right to modify the contents of this site at any time, but we have no obligation to update any information on our site. You agree that it is your responsibility to monitor changes to our site.
SECTION 4 - MODIFICATIONS TO THE SERVICE AND PRICES
Prices for our products are subject to change without notice. We reserve the right at any time to modify or discontinue the Service (or any part or content thereof) without notice at any time. We shall not be liable to you or to any third-party for any modification, price change, suspension or discontinuance of the Service.
SECTION 5 - PRODUCTS OR SERVICES (if applicable)
Certain products or Services may be available exclusively online through the website. These products or Services may have limited quantities and are subject to return or exchange only according to our Return Policy. We have made every effort to display as accurately as possible the colors and images of our products that appear at the store. We cannot guarantee that your computer monitor's display of any color will be accurate. We reserve the right, but are not obligated, to limit the sales of our products or Services to any person, geographic region or jurisdiction. We may exercise this right on a case-by-case basis. We reserve the right to limit the quantities of any products or Services that we offer. All descriptions of products or product pricing are subject to change at anytime without notice, at the sole discretion of us. We reserve the right to discontinue any product at any time. Any offer for any product or service made on this site is void where prohibited. We do not warrant that the quality of any products, Services, information, or other material purchased or obtained by you will meet your expectations, or that any errors in the Service will be corrected.
SECTION 6 - ACCURACY OF BILLING AND ACCOUNT INFORMATION
We reserve the right to refuse any order you place with us. We may, in our sole discretion, limit or cancel quantities purchased per person, per household or per order. These restrictions may include orders placed by or under the same customer account, the same credit card, and/or orders that use the same billing and/or shipping address. In the event that we make a change to or cancel an order, we may attempt to notify you by contacting the e-mail and/or billing address/phone number provided at the time the order was made. We reserve the right to limit or prohibit orders that, in our sole judgment, appear to be placed by dealers, resellers or distributors. You agree to provide current, complete and accurate purchase and account information for all purchases made at our store. You agree to promptly update your account and other information, including your email address and credit card numbers and expiration dates, so that we can complete your transactions and contact you as needed. For more detail, please review our Returns Policy.
SECTION 7 - OPTIONAL TOOLS
We may provide you with access to third-party tools over which we neither monitor nor have any control nor input. You acknowledge and agree that we provide access to such tools ”as is” and “as available” without any warranties, representations or conditions of any kind and without any endorsement. We shall have no liability whatsoever arising from or relating to your use of optional third-party tools. Any use by you of the optional tools offered through the site is entirely at your own risk and discretion and you should ensure that you are familiar with and approve of the terms on which tools are provided by the relevant third-party provider(s). We may also, in the future, offer new Services and/or features through the website (including, the release of new tools and resources). Such new features and/or Services shall also be subject to these Terms of Service.
SECTION 8 - THIRD-PARTY LINKS
Certain content, products and Services available via our Service may include materials from third-parties. Third-party links on this site may direct you to third-party websites that are not affiliated with us. We are not responsible for examining or evaluating the content or accuracy and we do not warrant and will not have any liability or responsibility for any third-party materials or websites, or for any other materials, products, or Services of third-parties. We are not liable for any harm or damages related to the purchase or use of goods, Services, resources, content, or any other transactions made in connection with any third-party websites. Please review carefully the third-party's policies and practices and make sure you understand them before you engage in any transaction. Complaints, claims, concerns, or questions regarding third-party products should be directed to the third-party.
SECTION 9 - USER COMMENTS, FEEDBACK AND OTHER SUBMISSIONS
If, at our request, you send certain specific submissions (for example contest entries) or without a request from us you send creative ideas, suggestions, proposals, plans, or other materials, whether online, by email, by postal mail, or otherwise (collectively, 'comments'), you agree that we may, at any time, without restriction, edit, copy, publish, distribute, translate and otherwise use in any medium any comments that you forward to us. We are and shall be under no obligation (1) to maintain any comments in confidence; (2) to pay compensation for any comments; or (3) to respond to any comments. We may, but have no obligation to, monitor, edit or remove content that we determine in our sole discretion to be unlawful, offensive, threatening, libelous, defamatory, pornographic, obscene or otherwise objectionable or violates any party’s intellectual property or these Terms of Service. You agree that your comments will not violate any right of any third-party, including copyright, trademark, privacy, personality or other personal or proprietary right. You further agree that your comments will not contain libelous or otherwise unlawful, abusive or obscene material, or contain any computer virus or other malware that could in any way affect the operation of the Service or any related website. You may not use a false e-mail address, pretend to be someone other than yourself, or otherwise mislead us or third-parties as to the origin of any comments. You are solely responsible for any comments you make and their accuracy. We take no responsibility and assume no liability for any comments posted by you or any third-party.
SECTION 10 - PERSONAL INFORMATION
Your submission of personal information through the store is governed by our Privacy Policy. To view our Privacy Policy, please see [PRIVACY POLICY
SECTION 11 - ERRORS, INACCURACIES AND OMISSIONS
Occasionally there may be information on our site or in the Service that contains typographical errors, inaccuracies or omissions that may relate to product descriptions, pricing, promotions, offers, product shipping charges, transit times and availability. We reserve the right to correct any errors, inaccuracies or omissions, and to change or update information or cancel orders if any information in the Service or on any related website is inaccurate at any time without prior notice (including after you have submitted your order). We undertake no obligation to update, amend or clarify information in the Service or on any related website, including without limitation, pricing information, except as required by law. No specified update or refresh date applied in the Service or on any related website, should be taken to indicate that all information in the Service or on any related website has been modified or updated.
SECTION 12 - PROHIBITED USES
In addition to other prohibitions as set forth in the Terms of Service, you are prohibited from using the site or its content: (a) for any unlawful purpose; (b) to solicit others to perform or participate in any unlawful acts; (c) to violate any international, federal, provincial or state regulations, rules, laws, or local ordinances; (d) to infringe upon or violate our intellectual property rights or the intellectual property rights of others; (e) to harass, abuse, insult, harm, defame, slander, disparage, intimidate, or discriminate based on gender, sexual orientation, religion, ethnicity, race, age, national origin, or disability; (f) to submit false or misleading information; (g) to upload or transmit viruses or any other type of malicious code that will or may be used in any way that will affect the functionality or operation of the Service or of any related website, other websites, or the Internet; (h) to collect or track the personal information of others; (i) to spam, phish, pharm, pretext, spider, crawl, or scrape; (j) for any obscene or immoral purpose; or (k) to interfere with or circumvent the security features of the Service or any related website, other websites, or the Internet. We reserve the right to terminate your use of the Service or any related website for violating any of the prohibited uses.
SECTION 13 - DISCLAIMER OF WARRANTIES; LIMITATION OF LIABILITY
We do not guarantee, represent or warrant that your use of our service will be uninterrupted, timely, secure or error-free. We do not warrant that the results that may be obtained from the use of the service will be accurate or reliable. You agree that from time to time we may remove the service for indefinite periods of time or cancel the service at any time, without notice to you. You expressly agree that your use of, or inability to use, the service is at your sole risk. The service and all products and Services delivered to you through the service are (except as expressly stated by us) provided 'as is' and 'as available' for your use, without any representation, warranties or conditions of any kind, either express or implied, including all implied warranties or conditions of merchantability, merchantable quality, fitness for a particular purpose, durability, title, and non-infringement. In no case shall Sunroom Psychiatry LLC, our directors, officers, employees, affiliates, agents, contractors, interns, suppliers, service providers or licensors be liable for any injury, loss, claim, or any direct, indirect, incidental, punitive, special, or consequential damages of any kind, including, without limitation lost profits, lost revenue, lost savings, loss of data, replacement costs, or any similar damages, whether based in contract, tort (including negligence), strict liability or otherwise, arising from your use of any of the service or any products procured using the service, or for any other claim related in any way to your use of the service or any product, including, but not limited to, any errors or omissions in any content, or any loss or damage of any kind incurred as a result of the use of the service or any content (or product) posted, transmitted, or otherwise made available via the service, even if advised of their possibility. Because some states or jurisdictions do not allow the exclusion or the limitation of liability for consequential or incidental damages, in such states or jurisdictions, our liability shall be limited to the maximum extent permitted by law.
SECTION 14 - INDEMNIFICATION
You agree to indemnify, defend and hold harmless Sunroom Psychiatry LLC and our parent, subsidiaries, affiliates, partners, officers, directors, agents, contractors, licensors, service providers, subcontractors, suppliers, interns and employees, harmless from any claim or demand, including reasonable attorneys’ fees, made by any third-party due to or arising out of your breach of these Terms of Service or the documents they incorporate by reference, or your violation of any law or the rights of a third-party.
SECTION 15 - SEVERABILITY
In the event that any provision of these Terms of Service is determined to be unlawful, void or unenforceable, such provision shall nonetheless be enforceable to the fullest extent permitted by applicable law, and the unenforceable portion shall be deemed to be severed from these Terms of Service, such determination shall not affect the validity and enforceability of any other remaining provisions.
SECTION 16 - TERMINATION
The obligations and liabilities of the parties incurred prior to the termination date shall survive the termination of this agreement for all purposes. These Terms of Service are effective unless and until terminated by either you or us. You may terminate these Terms of Service at any time by notifying us that you no longer wish to use our Services, or when you cease using our site. If in our sole judgment you fail, or we suspect that you have failed, to comply with any term or provision of these Terms of Service, we also may terminate this agreement at any time without notice and you will remain liable for all amounts due up to and including the date of termination; and/or accordingly may deny you access to our Services (or any part thereof).
SECTION 17 - ENTIRE AGREEMENT
The failure of us to exercise or enforce any right or provision of these Terms of Service shall not constitute a waiver of such right or provision. These Terms of Service and any policies or operating rules posted by us on this site or in respect to The Service constitutes the entire agreement and understanding between you and us and govern your use of the Service, superseding any prior or contemporaneous agreements, communications and proposals, whether oral or written, between you and us (including, but not limited to, any prior versions of the Terms of Service). Any ambiguities in the interpretation of these Terms of Service shall not be construed against the drafting party.
SECTION 18 - GOVERNING LAW
These Terms of Service and any separate agreements whereby we provide you Services shall be governed by and construed in accordance with the laws of United States.
SECTION 19 - CHANGES TO TERMS OF SERVICE
You can review the most current version of the Terms of Service at any time at this page. We reserve the right, at our sole discretion, to update, change or replace any part of these Terms of Service by posting updates and changes to our website. It is your responsibility to check our website periodically for changes. Your continued use of or access to our website or the Service following the posting of any changes to these Terms of Service constitutes acceptance of those changes.
SECTION 20 - CONTACT INFORMATION
Questions about the Terms of Service should be sent to us at helloyoga@sunroomchicago.com.
LIABILITY WAIVER
Thank you for using this service, which is owned and operated by Sunroom Psychiatry LLC (“Sunroom Psychiatry LLC,” “we,” “us,” and “our”). Sunroom Psychiatry LLC offers yoga classes, sound and sensory experiences, meditation courses, breathwork courses, instruction, exercises, memberships, and other programs, events and activities conducted or organized by or through Sunroom Psychiatry LLC, whether in-studio, in person, online, live, recorded or otherwise (collectively, with all related activities, the “Activities”). Not all participants in Sunroom Psychiatry LL Activities need to be members of Sunroom Psychiatry LLC; however, participants in specific Sunroom Psychiatry LLC programs and Activities agree to the additional terms and conditions of those programs and activities and waiver of liability of which are set forth below in this Liability Waiver.
DISCLAIMERS AND LIMITATION OF LIABILITY WE MAKE NO REPRESENTATIONS OR WARRANTIES WITH RESPECT TO THE SERVICES OR THEIR CONTENT, OR ANY PRODUCT OR SERVICE AVAILABLE ON OR PROMOTED THROUGH THE SERVICES. THE SERVICES AND ALL OF THEIR CONTENT (INCLUDING USER-GENERATED CONTENT) ARE PROVIDED ON AN “AS IS,” “AS AVAILABLE” BASIS, WITHOUT REPRESENTATIONS OR WARRANTIES OF ANY KIND. TO THE FULLEST EXTENT PERMITTED BY LAW, SUNROOM PSYCHIATRY LLC, AND ANY OF ITS AFFILIATES AND SUBSIDIARIES, DIVISIONS, JOINT VENTURES, LICENSORS, AND THIRD-PARTY SERVICE OR CONTENT PROVIDERS AND EACH OF THEIR EMPLOYEES, OFFICERS, DIRECTORS, MEMBERS, MANAGERS, AND AGENTS (“SUNROOM PSYCHIATRY LLC AFFILIATES”) DISCLAIM ANY AND ALL REPRESENTATIONS AND WARRANTIES, WHETHER EXPRESS, IMPLIED, ARISING BY STATUTE, CUSTOM, COURSE OF DEALING, COURSE OF PERFORMANCE OR IN ANY OTHER WAY, WITH RESPECT TO THE SERVICES, THEIR CONTENT, AND ANY PRODUCTS OR SERVICES AVAILABLE OR PROMOTED THROUGH THE SERVICES. WITHOUT LIMITING THE GENERALITY OF THE FOREGOING, SUNROOM PSYCHIATRY LLC AND THE SUNROOM PSYCHIATRY LLC AFFILIATES DISCLAIM ALL REPRESENTATIONS AND WARRANTIES (A) OF TITLE, NON-INFRINGEMENT, MERCHANTABILITY, AND FITNESS FOR A PARTICULAR PURPOSE; (B) RELATING TO THE SECURITY OF THE SERVICES; (C) THAT THE CONTENT OF THE SERVICES IS ACCURATE, COMPLETE, OR CURRENT; OR (D) THAT THE SERVICES WILL OPERATE SECURELY OR WITHOUT INTERRUPTION OR ERROR. WE DO NOT REPRESENT OR WARRANT THAT THE SERVICES, ITS SERVERS, OR ANY TRANSMISSIONS SENT FROM US OR THROUGH THE SERVICES WILL BE FREE OF ANY HARMFUL COMPONENTS (INCLUDING VIRUSES). SUNROOM PSYCHIATRY LLC AND THE SUNROOM PSYCHIATRY LLC AFFILIATES DO NOT ENDORSE AND ARE NOT RESPONSIBLE FOR STATEMENTS, ADVICE, AND OPINIONS MADE BY ANYONE OTHER THAN AUTHORIZED SUNROOM PSYCHIATRY LLC SPOKESPERSONS. WE DO NOT ENDORSE AND ARE NOT RESPONSIBLE FOR ANY STATEMENTS, ADVICE, OR OPINIONS CONTAINED IN USER-GENERATED CONTENT, AND SUCH STATEMENTS, ADVICE, AND OPINIONS DO NOT IN ANY WAY REFLECT THE STATEMENTS, ADVICE, AND OPINIONS OF SUNROOM PSYCHIATRY LLC. WE DO NOT MAKE ANY REPRESENTATIONS OR WARRANTIES AGAINST THE POSSIBILITY OF DELETION, MIS-DELIVERY, OR FAILURE TO STORE COMMUNICATIONS, PERSONALIZED SETTINGS, OR OTHER DATA. YOU ACCEPT THAT OUR SHAREHOLDERS, OWNERS, OFFICERS, DIRECTORS, EMPLOYEES, AND OTHER REPRESENTATIVES SHALL HAVE THE BENEFIT OF THIS CLAUSE. APPLICABLE LAW MAY NOT ALLOW THE LIMITATION OF CERTAIN WARRANTIES, SO ALL OR PART OF THIS DISCLAIMER OF WARRANTIES MAY NOT APPLY TO YOU. LIMITATION OF LIABILITY YOU ASSUME ALL RESPONSIBILITY AND RISK FOR USE OF THE SERVICES, THE CONTENT, THE USER-GENERATED CONTENT, AND THE PRODUCTS THAT ARE AVAILABLE ON OR THROUGH THE SERVICES OR THAT ARE PROMOTED OR ADVERTISED ON OR THROUGH THE SERVICES. TO THE FULLEST EXTENT PERMITTED BY APPLICABLE LAWS, SUNROOM PSYCHIATRY LLC, ON ITS OWN BEHALF AND ON BEHALF OF THE SUNROOM PSYCHIATRY LLC AFFILIATES, EXCLUDES AND DISCLAIMS LIABILITY FOR ANY LOSSES AND EXPENSES OF WHATEVER NATURE AND HOWSOEVER ARISING INCLUDING, WITHOUT LIMITATION, ANY DIRECT, INDIRECT, GENERAL, SPECIAL, PUNITIVE, INCIDENTAL, OR CONSEQUENTIAL DAMAGES; LOSS OF USE; LOSS OF DATA; LOSS CAUSED BY A VIRUS; LOSS OF INCOME OR PROFIT; LOSS OF OR DAMAGE TO PROPERTY INCLUDING BUT NOT LIMITED TO ITEMS LOST OR STOLEN AT A STUDIO OR EVENT LOCATION; CLAIMS OF THIRD PARTIES; OR OTHER LOSSES OF ANY KIND OR CHARACTER, EVEN IF WE HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES OR LOSSES, ARISING OUT OF OR IN CONNECTION WITH THE USE OF THE SERVICES. YOU ASSUME TOTAL RESPONSIBILITY FOR ESTABLISHING SUCH PROCEDURES FOR DATA BACK UP AND VIRUS CHECKING AS YOU CONSIDER NECESSARY. THIS LIMITATION OF LIABILITY APPLIES WHETHER THE ALLEGED LIABILITY IS BASED ON CONTRACT, TORT (INCLUDING NEGLIGENCE), STRICT LIABILITY, OR ANY OTHER BASIS. THIS DISCLAIMER OF LIABILITY APPLIES, WITHOUT LIMITATION, TO DAMAGES THAT RESULT FROM EVENTS BEYOND OUR REASONABLE CONTROL, SUCH AS DAMAGES CAUSED BY ANY FAILURE OF PERFORMANCE, ERROR, OMISSION, INTERRUPTION, DELETION, DEFECT, DELAY IN OPERATION OR TRANSMISSION, VIRUS, COMMUNICATION LINE FAILURE, THEFT OR DESTRUCTION OR UNAUTHORIZED ACCESS TO, ALTERATION OF, OR USE OF ANY RECORD. YOU SPECIFICALLY ACKNOWLEDGE THAT, TO THE FULLEST EXTENT PERMITTED BY APPLICABLE LAW, SUNROOM PSYCHIATRY LLC AND THE SUNROOM PSYCHIATRY LLC AFFILIATES ARE NOT LIABLE FOR THE DEFAMATORY, OFFENSIVE, OR ILLEGAL CONDUCT OF OTHER USERS OR THIRD PARTIES, AND THAT THE RISK OF INJURY FROM THE FOREGOING RESTS ENTIRELY YOU GUYS WILL BE UP THERE AVAILABLE AT THE SAME TIME. I WILL BE IN TRIAL. WITH YOU. RELEASE, WAIVER OF LIABILITY, ASSUMPTION OF RISK, AND INDEMNITY AGREEMENT.
You understand that participation in the Activities includes, without limitation, strenuous physical and mental activities and exercises, participating in the Activities with other participants, contact with unidentified and unfamiliar persons, participating in the Activities in new and unfamiliar places and manners, exposure to risks in the areas in which the Activities are conducted, and exposure to communicable diseases (including COVID-19 risks). You fully understand that the Activities can be HAZARDOUS, and involve known risks and unanticipated risks which could result in BODILY OR MENTAL INJURY, ILLNESS, DEATH, DAMAGE OR LOSS to yourself, your property, and to other third parties and their property, which may be caused by your own actions or inactions, those of others participating in the Activities, the locations, places and/or buildings at, on or in which the Activities take place, the conditions at, on and in which the Activities take place (including equipment, ventilation and surfacing for the Activities), or the negligence or misconduct of any of the “Releasees” named below; and you fully accept and ASSUME ALL SUCH RISKS and all responsibility for losses, costs, and damages you or any third parties incur as a result of your participation in the Activities, including property theft. You fully assume all risks associated with the Programs, including: intensive physical activity and exertion, causation or aggravation of a physical injury or medical condition, lack of warnings or inadequate warnings: lack of instructions, inadequate instructions, or my failure to follow instructions: slipping from slippery surfaces such as mats or floors; equipment failure; and the like. You understand that all classes are heated (some as hot as 105 degrees fahrenheit with 40% humidity) using HVAC forced air, infrared heat panels, and a humidifier. You fully assume all risks associated with attending heated classes with added humidity. You understand that music will be played before, during, and after class and that music could contain profanity. You represent that you understand the nature of the Activities. You further represent that you are participating in the Activities voluntarily, and that you are in good health, physically and mentally fit and otherwise prepared and able to participate in the Activities. You agree that you will discontinue participation in the Activities if you believe at any time your participation poses a threat to yourself or any third party. If you have any injury or condition that potentially affects your participation in the Activities, you will consult with your physician or other applicable provider regarding your participation, and follow all applicable provider instructions, which is your sole responsibility.
You, on behalf of yourself and anyone who obtains any rights from or through you, hereby forever and irrevocably release and discharge SUNROOM PSYCHIATRY LLC ; the owners, lessors, lessees and any other individual or entity with any interest in the locations, places and/or buildings at, on or in which the Activities take place; any individuals or entities involved in any capacity with the Activities (including, without limitation, any technology applications and platforms facilitating the Activities in any manner); any sponsors, advertisers or promoters of any of the foregoing; any of the respective parents, subsidiaries, affiliates, partners, members, owners, agents, contractors, subcontractors, administrators, licensees, designees, insurers, personal and legal representatives, successors and assigns of each of the foregoing; other participants in the Activities; and any director, officer, member, manager, partner, volunteer, employee, instructor, independent contractor, representative or agent of any of the foregoing (each a “Releasee” herein) from any and all liabilities, claims, demands, losses, damages, costs or expenses (including, without limitation, attorneys’ fees and costs) (collectively, “Losses”) arising out of or in any way related to your participation in or attendance at the Activities; your attendance at the locations, places and/or buildings at, on or in which the Activities take place; or any first aid, treatment or any like service rendered in connection with the Activities, including, but not limited to, Losses (including, without limitation, Losses from BODILY OR MENTAL INJURY, ILLNESS OR DEATH) caused or alleged to be caused in whole or in part by (i) any Releasee’s own negligence, gross negligence, misconduct or otherwise, including negligent rescue operations; (ii) any claim, action, suit or demand brought by any third party against any Releasee by reason of or in connection with your participation in or attendance at the Activities, or your attendance at the locations, places and/or buildings at, on or in which the Activities take place; (iii) the voluntary disclosure of your medical information; (iii) invasion of privacy, right of publicity, defamation, libel, slander, copyright infringement, trademark infringement, or any other claims or causes of action arising out of the use of your name, image, likeness, voice and/or other personal attribute(s) or other personal information (collectively, your “Personal Attributes”), to the extent permitted by applicable law. You further covenant and agree not to sue any Releasee or cause any Releasee to be sued regarding any matter released above, and to indemnify and hold harmless each Releasee from and against any Loss regarding any matter within the scope of this Release, Waiver of Liability, Assumption of Risk, and Indemnity Agreement.
You have read this Release, Waiver of Liability, Assumption of Risk, and Indemnity Agreement, understand that you have given up substantial rights by agreeing to it and have agreed to it freely and without any inducement or assurance of any nature and intend it be a complete and unconditional release of all liability to the greatest extent allowed by law. You hereby forever and irrevocably waive any and all rights to seek or obtain any injunctive or other equitable relief with respect to any matter within the scope of this Release, Waiver of Liability, Assumption of Risk, and Indemnity Agreement, or to rescind, limit or disaffirm this Release, Waiver of Liability,
Assumption of Risk, and Indemnity Agreement.
FOR PARTICIPANTS UNDER 18 YEARS OF AGE:
If you are under 18 years of age, you represent and warrant to SUNROOM PSYCHIATRY LLC that your parent or legal guardian has reviewed this Liability Waiver and agrees as follows: I am the parent or legal guardian of participant; I consent to, join in and approve the foregoing Release, Waiver of Liability, Assumption of Risk, and Indemnity Agreement; I will ensure that my child honors his/her obligations hereunder; and I will indemnify and hold Releasees harmless from and against any Losses arising out of or in any way related to (i) this Release, Waiver of Liability, Assumption of Risk, and Indemnity Agreement or the rights granted herein, (ii) my child’s attendance at or participation in any of the Activities, or my child’s attendance at the locations, places and/or buildings at, on or in which the Activities take place, (iii) any breach of the above representations, warranties and agreements, or (iv) any attempt to rescind, limit or disaffirm the foregoing. I hereby expressly approve of my child’s attendance at or participation in any or all of the Activities, and my child’s attendance at the locations, places and/or buildings at, on or in which the Activities take place.
IF ANY PART OF THIS LIMITATION ON LIABILITY IS FOUND TO BE INVALID OR UNENFORCEABLE FOR ANY REASON, THEN THE AGGREGATE LIABILITY OF THE RELEASED PARTIES FOR LIABILITIES THAT OTHERWISE WOULD HAVE BEEN LIMITED SHALL NOT EXCEED TEN DOLLARS ($10.00).
The Services give you specific legal rights and you may also have other rights which vary from country to country. Some jurisdictions do not allow certain kinds of limitations or exclusions of liability, so the limitations and exclusions set out in this Liability Waiver not apply to you. Other jurisdictions allow limitations and exclusions subject to certain conditions. In such a case, the limitations and exclusions set out in these Terms of Use shall apply to the fullest extent permitted by the laws of such applicable jurisdictions. Your statutory rights as a consumer, if any, are not affected by these provisions, and we do not seek to exclude or limit liability for fraudulent misrepresentation.