ANCKOR WEBSITE TERMS OF USE
Welcome to ANCKOR LLC’s website: THEANCKOR.com (the “Website”). What follows are the terms of use for our site and everything on it. These terms (the “Terms of Use”) are a legal agreement between you and ANCKOR LLC. (“ANCKOR”, “us”, “we”, “our”).
1. Agreement to Terms of Use.
Please read these Terms of Use carefully. By accessing our Website, you are explicitly acknowledging that you have read and understand these Terms of Use and you agree to be bound by them. If you do not agree to these Terms of Use, you are not authorized to use this Website.
ANCKOR reserves the right to change these Terms of Use at any time. You are responsible for checking these Terms of Use periodically for changes. Your continued use of the Website after ANCKOR has made changes will mean that you agree to the changes.
2. Privacy Policy.
In addition to these Terms of Use, our Website is also subject to the Privacy Policy at our Privacy Policy Page, which is expressly made a part of our agreement with you. When you agree to these Terms of Use, you also agree to our Privacy Policy. It is important that you read the Privacy Policy and only use the Website if you understand and agree to be bound by our Privacy Policy.
3. Sorry Kids.
This Website is not for children under 13. We do not knowingly request or solicit personally identifiable information from anyone under the age of 13, nor do we communicate with children under 13 by email, phone or in any other manner without the express written consent of their parent or guardian. If we become aware that we have received personal information from a child under 13, we will delete that information as quickly as is reasonably possible and cease further communication with such individual. You must be 18 years of age or over, or the legal age to form a binding contract in your jurisdiction if that age is greater than 18 years of age, to register for any function, service, or portion of this Site which requires such registration. If you are a minor age between the ages of 13 and 18 (or the applicable legal age in your jurisdiction), you can use such functions or services only in conjunction with, and under the supervision of, your parent or guardian who has agreed to these Terms of Use. If you are a parent or legal guardian agreeing to these Terms of Use for the benefit of a minor between the ages of 13 and 18 (or the applicable legal age in your jurisdiction), you are fully responsible for his or her use of the Website, including all legal liability he or she may incur. By using this Site and any services provided therein, you represent and warrant that you have the right, authority, and capacity to enter into these Terms of Use and to abide by all of the terms and conditions set forth herein.
4. Site Features.
(a) General Information. Our Website is primarily meant to provide you with information about ANCKOR classes and programs and about our company. While we try to keep our Website up-to-date and accurate, we take no responsibility for any incorrect information on the Website.
(b) Your Profile. In order to use some features of the Website, you must create an account. When creating your account, you must provide accurate and complete information and are solely responsible for the activity that occurs on your account. You must keep your account password secure. You must notify ANCKOR immediately if you believe there has been unauthorized use of your account. When you create an account you must not use a false or misleading name or a name that you are not authorized to use. Impersonating another person on the website is prohibited. Our Website may also include: surveys to help us learn about you or your interest in ANCKOR, or being part of a news story about our company; and an email list sign-up. We do not guarantee any confidentiality or anonymity with respect to any information you provide to us. By submitting information, photos or other materials to us through the website or via email, you expressly: 1) give us permission to use such materials for any purpose; and 2) represent and warrant that you are the owner of such materials have the right to permit us to use them for any purpose.
(c) Registration. Signing-up to participate in a class requires creation of an account and registration through a third party website. The information you provide to us and any third-party website to register for an ANCKOR class will be shared with us, but the third-party website may have its own terms of use and privacy policy. We are not responsible for your third-party website account or any information you provide to the third-party website to create an account. You must contact the third-party website for any issues with your account. Please review our Privacy Policy for more on how we use registration information received from you.
(d) Other Third Party Sites. Our Website may contain links to third-party websites that are not owned or controlled by us. We assume no responsibility for the content, products, services, policies, or practices of any third-party website(s). By visiting those sites, you may be subject to the privacy policies and/or terms and conditions of use that may apply to such website(s).
5. Ownership.
(a) Ours. Unless otherwise specified, all intellectual property rights in and to the logos, trademarks, copyrights, trade dress, trade names, designs, photos, videos, prompts, exercise collections and other material (collectively, the “ANCKOR Material”) on our Website is owned by ANCKOR. You may not copy, modify, publish, distribute, perform, or display any materials from our Website in whole or part in a manner inconsistent with the United States Copyright Act, including, without limitation, any “fair use” provisions (17 U.S.C § 107). Use of our ANCKOR Material for any purpose without first obtaining our express written permission may be a violation of our copyright and/or other proprietary rights.
(b) Yours. You retain ownership rights in anything you submit to us through our Website or email. However, when you submit materials to us (e.g. information, photos, videos or other materials), you grant us a free, worldwide, perpetual right to modify, reproduce, distribute, publicly display and perform the materials you have submitted, including, without, limitation, your name and likeness, and allow others to do the same for any purpose, including, without limitation, commercial purposes. You agree that you will not receive any compensation whatsoever for the aforementioned usage, and you are not entitled to make any claim in connection with our exercise of the permissions you have granted us, including, without limitation, claim(s) based on invasion of privacy, idea misappropriation, other violation of your civil rights, or defamation.
( c) Other Prohibited Uses You are prohibited from violating or attempting to violate, and agree not to violate or attempt to violate, any security features of this Site, including, without limitation:
(a) accessing or attempting to access any content or data not intended for you, or logging onto a server or account that you are not authorized to access;
(b) attempting to probe, scan, or test the vulnerability of this Site, or any associated system or network, or to breach security or authentication measures without proper authorization;
(c) interfering or attempting to interfere with service to any user, host or network;
(d) using this Site to send unsolicited e-mail or other communications, including, without limitation, promotions or advertisements for products or services;
(e) attempting to modify, reverse-engineer, decompile, disassemble, or otherwise reduce or attempt to reduce to human-perceivable form any of the source code used by Anckor in providing this Site; and
(f) imposing (as determined by us in our sole discretion) an unreasonable or disproportionately large load on our (or our third party providers’) infrastructure.
Any violation of system or network security may subject you to civil and/or criminal liability.
6. DMCA Notice
If you believe that content you own has been copied and made accessible in a manner that violates your intellectual property rights, please notify us immediately. You may submit a notification pursuant to the Digital Millennium Copyright Act [see 17 U.S.C § 512(c)(3)] by providing our Copyright Agent at info@theANCKOR.com with the following information in writing:
A statement by you, made under penalty of perjury, that the above information in your notice is accurate and that you are the copyright owner or authorized to act on the copyright owner's behalf.
7. Restrictions on Use.
We give you permission to use our Website so long as you abide by these Terms of Use and our Privacy Policy and do not:
8. Medical Treatment.
The Website is provided for your convenience. You should not rely on information provided on this Website as a substitute for professional medical advice, counseling, diagnosis, or treatment and nothing on this Website creates a physician-patient relationship. You expressly acknowledge and agree that Anckor and this Site do not provide medical advice and are not a substitute for professional medical diagnosis, treatment or advice or a medical examination. The content of this Site may contain general information relating to certain medical conditions and their treatment. Such information is provided for informational purposes only and is not intended to replace or substitute for advice provided by a physician or other medical provider. You should not use the information provided on this Site for diagnosing a health problem or disease. Prior to participating in any program, workout, training, course, activity, exercise, diet, or use of any product, program, workout, exercise or treatment discussed on this Site, or if you have any questions regarding a medical condition, seek the advice of your physician and other qualified health-care professionals. You understand that the exercises and programs discussed on this Site can be strenuous and should be scaled or done in moderation. There is an inherent risk in any exercise that, while providing some health benefits, it can also cause unknown health issues. Application or reliance on the techniques, advice, ideas, and suggestions of any person associated with Anckor or this Site are at your sole discretion and risk.
Never disregard professional medical advice or delay in seeking it because of something you have read on the Site. If you think you may have a medical emergency, call your doctor or 911 immediately. Anckor does not recommend or endorse any specific tests, physicians, products, procedures, opinions, or other information that may be mentioned on the Site. Reliance on any information provided by Anckor, Anckor employees or staff, others appearing on the Site at the invitation of Anckor, or other visitors to the Site is solely at your own risk.
Do not disregard, avoid or delay obtaining medical advice or seeking emergency care.
Any user is solely responsible for their own physical, mental and emotional well-being, decisions, choices, actions and results arising out of or resulting from any interaction with the website including the retreats, groups and any coaching relationships. As such, you agree that ANCKOR is not and will not be liable or responsible for any actions or inaction, or for any direct or indirect result of any interaction with the website or participation in retreats, groups and coaching relationships. You understand ANCKOR classes are not therapy and do not substitute for therapy if needed, and does not prevent, cure, or treat any mental disorder or medical disease.
9. Termination.
We reserve the right to suspend or terminate your access to the Website at anytime if we suspect that your use of the Website or its content may be unlawful, violate the rights of third parties or any of the terms of these Terms of Use or our Privacy Policy.
10. Indemnification.
If anyone brings a claim against us related to your actions or use of the Website or any materials submitted by you through the Website, by email or otherwise, you agree to defend, indemnify and hold us harmless from and against all damages, losses, and expenses of any kind (including, without limitation, legal fees and disbursements) related to such claim.
11. Disclaimers.
You acknowledge and agree that the disclaimers and limits on liability set forth in these Terms of Use reflect a reasonable and fair allocation of risk between you and us and are an essential basis of the bargain between us.
YOU AGREE THAT YOUR USE OF THE WEBSITE SHALL BE AT YOUR SOLE RISK. TO THE FULLEST EXTENT PERMITTED BY LAW, THE WEBSITE IS PROVIDED “AS IS” AND WITHOUT ANY WARRANTIES OF ANY KIND. WE EXPRESSLY DISCLAIM ALL WARRANTIES, EXPRESS OR IMPLIED, INCLUDING, WARRANTIES OF TITLE, MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, NON-INFRINGEMENT OR WARRANTIES OF UNINTERRUPTED, TIMELY, SECURE, ACCURATE, OR ERROR-FREE USE OR OPERATION.
YOU ACKNOWLEDGE THAT ANY INFORMATION OR SERVICES OFFERED ON THE WEBSITE ARE NOT THERAPY AND ARE NOT TO BE USED AS A SUBSTITUTE FOR COUNSELING, PSYCHOTHERAPY, PSYCHOANALYSIS, MENTAL HEALTH CARE, GROUP THERAPY, SUBSTANCE ABUSE TREATMENT, OR OTHER PROFESSIONAL ADVICE BY LEGAL, MEDICAL, OR OTHER QUALIFIED PROFESSIONALS.
WE ASSUME NO LIABILITY OR RESPONSIBILITY FOR: (A) ERRORS, MISTAKES, OR INACCURACIES OF THE WEBSITE; (B) ANY ACTS OR OMISSIONS OF USERS, OUR PARTNERS, ADVERTISERS OR OTHER PARTIES ON OR THROUGH THE WEBSITE; (C) ANY UNAUTHORIZED ACCESS TO OR USE OF THE WEBSITE; (D) ANY INTERRUPTION OR CESSATION OF TRANSMISSION TO OR FROM THE WEBSITE; (E) ANY INJURIES PHYSICAL OR EMOTIONAL TO YOU OR THIRD PARTIES RELATED TO THE SITE; (F) ANY BUGS, VIRUSES, TROJAN HORSES, OR THE LIKE; AND/OR (G) ANY PRODUCT LISTED OR SOLD BY A THIRD PARTY THROUGH THE SITE OR ANY HYPERLINKED WEBSITE.
12. Limitation of Liability.
TO THE FULLEST EXTENT PERMITTED BY LAW: IN NO EVENT WILL WE BE LIABLE FOR CONSEQUENTIAL, INDIRECT, INCIDENTAL, PUNITIVE, RELIANCE, EXEMPLARY OR SPECIAL DAMAGES ARISING OUT OF OR IN CONNECTION WITH (A) THESE TERMS OF USE AND/OR OUR PRIVACY POLICY; (B) THE USE, DISCLOSURE, DISPLAY, OR MAINTENANCE OF YOUR INFORMATION, INCLUDING ANY PERSONAL INFORMATION; (C) THE WEBSITE; OR (D) ANY OF THE WEBSITE CONTENT.
THE LIMITATIONS OF LIABILITY IN THIS SECTION SHALL APPLY EVEN IF WE OR OUR AUTHORIZED REPRESENTATIVE HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. YOU AGREE THAT THE LIMITATIONS OF LIABILITY SET FORTH IN THIS SECTION WILL SURVIVE ANY TERMINATION OR EXPIRATION OF THESE TERMS OF USE AND WILL APPLY EVEN IF ANY LIMITED REMEDY SPECIFIED HEREIN IS FOUND TO HAVE FAILED ITS ESSENTIAL PURPOSE. YOUR SOLE AND EXCLUSIVE REMEDY FROM ANY USE OF, OR INABILITY TO USE, THE WEBSITE SHALL BE FOR YOU TO DISCONTINUE USE OF THE WEBSITE. IN ANY CASE, OUR AGGREGATE LIABILITY WILL NOT EXCEED ONE HUNDRED DOLLARS ($100).
13. Miscellaneous.
These Terms of Use and our Privacy Policy make up the entire agreement between you and us regarding the Website, and supersedes any prior agreements. Any amendment to or waiver of any provision of these Terms of Use and/or Privacy Policy must be made in writing and signed by us. If any part of these Terms of Use and/or Privacy Policy is found to be unenforceable, the remaining portion will remain in full force and effect. If we fail to enforce these Terms of Use and/or Privacy Policy, such failure will not be considered a waiver. Neither these Terms of Use nor our Privacy Policy confer onto any third party any beneficiary right(s) which are fully transferable and assignable solely by us, our transferees and assigns. Any terms of these Terms of Use and/or Privacy Policy that were, by their nature, intended to survive termination of these Terms of Use and/or Privacy Policy will survive. These Terms of Use and our Privacy Policy shall be interpreted in accordance with the laws of New York without application to any choice of law rules. The exclusive jurisdiction and venue for any action under these Terms of Use and/or Privacy Policy shall be in the state and federal courts in the county and state of New York. You agree to accept the personal jurisdiction of such courts. In connection with the ANCKOR retreats, in the event of any conflict between these Terms of Use and/or Privacy Policy and the terms and conditions contained in ANCKOR Waiver, the terms of the Waiver will prevail. Anckor LLC , NY NY
Last updated: June 9, 2020
