Terms and Conditions

as of September 17, 2021

Acknowledgement

Welcome to BlueMala.com! By accessing this Website, you agree to be bound by these Terms and Conditions of Use, all applicable laws and regulations.  You agree that you are responsible for compliance with any applicable local laws. If you do not agree with any of these terms, please do not use this Website. Read these terms carefully.

BlueMala.com (the “Website” or “Blue Mala”) is owned and operated by 108 Crows, LLC (“Company”, “we” or “us”). For the purposes of these Terms and Conditions “you” and “your” means you as the user of the Website.  The terms “Company”, “we” and “us” include the owners, employees, and affiliates of 108 Crows, LLC.

Please note that these Terms and Conditions include an arbitration and class action waiver.  By using the Website you agree to resolve disputes using individual arbitration rather than having those disputes settled by a judge or jury.

Privacy

Your access to and use of the Website is also conditioned on your acceptance of and compliance with our Privacy Policy. Please read our Privacy Policy carefully before using the Website.

 

License and Usage

You may access, download, and print materials on this Website solely for your personal and non-commercial use. You are granted a non-exclusive, non-transferable, revocable license to access and use the Website. This is a grant of a license, not a transfer of title. Under this license, you may not

  • Copy, modify, distribute, display, perform, or publish the content,

  • Exploit the content for any unauthorized commercial purpose,

  • Transfer the content to another website, person, or company,

  • Use the Website in a manner that could damage, disable, overburden, or impair the Website or any other party’s access, use or enjoyment of the Website,

  • Introduce and viruses, worms trojan horses, or other materials that are technologically harmful or malicious,

  • Use the Website for unethical, disruptive, harassing, or illegal purposes, or

  • Violate any applicable law or regulation in connection with your access to the Website.

 

Intellectual Property

All content contained in this Website is protected by applicable United States and international copyright and trademark law. BlueMala is a trademark of 108 Crows, LLC. All content on BlueMala.com (Website graphics, logos, images, text, etc.) is the property of 108 Crows, LLC. Our trademarked and copyrighted material may not be used:

  • In connection with any other product or service,

  • In a manner that is likely to cause confusion among customers, or

  • To disparage or discredit BlueMala.com or its Team

Our trademarks and trade dress may not be used in connection with any product or service without the prior written consent of the Company. All other names, logos, designs, slogans, and trademarks that appear on the Website are property of their respective owners, who may or may not be affiliated with us.

Registering Your Account

As part of the registration process, you may create an account and a password. You are responsible for maintaining the confidentiality of your account and password. You are responsible for restricting access to your electronic devices, and you agree to accept responsibility for all activities that occur under your account and/or password. You may not assign or otherwise transfer your account to any other person or entity. You acknowledge that we are not responsible for third-party access to your account that results from theft or misappropriation of your account.

 

Membership: Payment, Cancelation and Refunds

If you sign up for a membership, you will be asked to provide us with information to process your order, including your name, email address, phone number, address, and credit / debit card information. You represent that the personal information you provide is correct and that you have the right to use the credit / debit card you provide. You may update your account information at any time by clicking “Login” or “Account” from the home page. You grant us the right to provide the information to third parties for payment processing.

If there is an error in pricing and/or other information for your membership, please contact us so that we may correct the error.

Your membership is a subscription that automatically renews each month. You may cancel your membership at any time. If you forget to cancel, please email us up to seven days after you’re charged, and we’ll issue a refund for the most recent month. Refunds may take up to 10 business days to process.

Comments & Community Guidelines

We invite you to share your comments on the articles, videos, and other content we post to the Website.

When making comments, please adhere to our Community Guidelines:

Blue Mala is an accepting, tolerant, and kind community. All skin colors, ethnicities, faiths, identities, and abilities are welcomed and celebrated here. Together, we are creating a safe and kind space. Any comments or behavior that we deem disrespectful, hateful, violent, or harassing will be immediately deleted and the offender will receive a warning. A second warning comes with automatic removal from the Blue Mala community.

Notwithstanding the above, we reserve the right to terminate your access to any part or the entirety of the Website at any time for any reason whatsoever. We reserve the right to edit or remove any content at any time for any reason. We are not responsible or liable for any content posted by you or a third party. The inclusion of comments on the Website does not imply endorsement by the Website.

If you choose to post comments or submit feedback (e.g., send email to the Website or anyone on our Team) you acknowledge that that information is not confidential. Additionally, you assign us the non-exclusive, perpetual, royalty-free, and irrevocable right to display, distribute, modify, or otherwise use such content for any purpose whatsoever without further notice or compensation to you without restriction, including, but not limited to testimonial advertising or as a ‘Comment of the Week’ in our emails. You agree not to submit any information to us that you consider confidential, proprietary, or copyrighted.

Always use caution when disclosing any personally identifiable information about yourself (or your family members) on any website. We do not control all the information on the Website, and therefore we disclaim any liability with regard to the Website or any action resulting from your participation on the Website.

           

Links to Other Websites

Our Website contains links to third-party websites or services that are not owned or controlled by the Website. The inclusion of any link does not imply endorsement by the Company or our team. Use of any such linked website is at the user’s own risk. Please read the terms and conditions of any other company or website you may link to from our website.

Important Medical Information

The information on this Website (including, but not limited to, articles, videos, live and on-demand classes, office hours/community chats, newsletters, emails, graphics, and comments) are provided for informational and entertainment purposes only. The information provided is intended to be general information regarding the topics on the Website. It is not tailored to your specific circumstance. The Website is not intended as a substitute for professional medical advice, therapy, or treatment. Always seek the advice of a physician or other qualified health provider before making lifestyle, diet, or exercise changes, or if you have concerns about a medical condition.

 

Waiver for Classes, Workshops and Retreats

You acknowledge and agree that you are voluntarily participating in the classes offered through the Website. You understand that Yoga and Meditation are not a substitute for medical diagnosis and/or treatment and it is your personal responsibility to consult with your doctor about participation. You have no medical condition, which you are aware of, that would prevent you from taking part in such classes. You recognize that Yoga and other classes may require physical exertion, which may be strenuous and could cause injury. You agree to take full responsibility for not exceeding your limits in the practice and for any injuries or discomfort you might experience in said practices. You are fully aware of the risks and hazards involved. You agree to take care of yourself. You understand that it is your responsibility to consult with a physician prior to and regarding participation in Yoga and other classes. You knowingly, voluntarily, and expressly waive any claim you may have against the Company and Lisa Jakub for any injury or danger that you may sustain as a result of participating in any Yoga classes or workshops. You, your heir(s), or legal representative forever release, waive, discharge, and covenant not to sue the Company or Lisa Jakub for any injury or death caused by their negligence or other acts. You have read and understood the above release and waiver of liability and agree to the terms and conditions stated above.

Policy Regarding Children

This Website is not intended for users under the age of 13. We do not knowingly collect personal information from users under the age of 13. Such users are prohibited from submitting their personally identifiable information to us. If you are under the age of 18, you may use the Website only with the permission of a parent or guardian.

 

International Users

The Website can be accessed from countries around the world and may contain references to products, services, or content that are not available in your country. The Website is controlled, administered, and operated from facilities with the United States of America. If you access the Website from outside of the USA, you are responsible for your compliance with local laws. You agree that your use of the website complies with the applicable laws or regulations in your country.

 

Disclaimer of Warranties

The information and services provided through the Website may include inaccuracies, technical or typographical errors. We make changes to the site on an ongoing basis. We make no representation about the suitability, reliability, completeness, or accuracy of the information, articles, videos, product descriptions, or other content on the Website.

All Website content is provided “AS IS” and “AS AVAILABLE” without warranty or condition of any kind. No written or oral advice provided by the Website, its affiliates, employees, or agents shall create a warranty. We provide no warranty or representation that the Website will meet your requirements or achieve an intended result. You expressly agree that your use of the Website is at your sole risk. You are solely responsible for any damage, loss, or injury that results from your use of the Website.

Further, we do not make any warranty or representation of any kind, express or implied: (i) as to the accuracy, reliability, completeness, timeliness, or currency of any information or content provided through the Website; (ii) as to the operation or availability of the Website, or the information, content, and materials or products included thereon; (Iii) that the Website will be uninterrupted or error-free; or (iv) that the Website, its servers, the content, or e-mails sent from or on our behalf are free of viruses, scripts, trojan horses, worms, malware, timebombs or other harmful components.

 

Limitation of Liability

To the extent not prohibited by law, the company will not be liable for any damages of any kind (including, without limitation, direct, indirect, incidental, punitive, or consequential damages) arising out of the use or inability to use the Website or its content.

Some jurisdictions do not allow an exclusion or limitation of damages, so the above may not apply to you. Under no circumstances will the Company’s total liability to you exceed the amount you paid the company, if any, in the past six months for services or products purchase giving rise to the claim, or one hundred dollars ($100).

If you are dissatisfied with any portion of the Website, including these Terms and Conditions, your sole and exclusive remedy is to discontinue using the Website.

Indemnification

You agree to indemnify, defend and hold harmless the Company, its officers, directors, employees, agents, affiliates, partners, suppliers, and third parties for any and all claims, damages, losses, injuries, costs, liabilities, and expenses (including reasonable attorney’s fees) relating to or arising from your use or inability to use the Website, any comments made by you, your violation of our policies, your violation of any rights of a third-party or your violation of any applicable laws, rules or regulations. We reserve the right to assume, at our sole expense, the exclusive defense, and control of any matter subject to indemnification by you, in which event you will fully cooperate with us in asserting any available defenses.

Dispute Resolution

If you have a concern, complaint, or claims regarding the Website, you agree to first try to make a good faith and sustained effort to resolve the issue by contacting the Company using the contact information below. We’ll do our best to address your concerns.

Arbitration

Any disputes or claims arising out of or relating to these Terms and Conditions, this Website, the Company, its employees, agents, or owners, shall be resolved by binding and confidential arbitration. The arbitration shall be conducted in accordance with the Commercial Arbitration Rules of the American Arbitration Association in the State of Virginia. Any dispute or claim shall be arbitrated on an individual basis and may not be consolidated with any claim or dispute of another party. You understand that by agreeing to these Terms and Conditions you are waiving the right to trial by jury or to participate in a class action. Notwithstanding the above, you may instead file your claim in “small claims” court, but only if your claim qualifies, your claim remains in such court and your claim remains on an individual, non-representative and non-class basis.

 

Governing Law

These Terms and Conditions shall be governed by the laws of the state of Virginia in the United States of America.

 

Severability

If any provision of these Terms and Conditions is determined to be in conflict with, invalid or unenforceable pursuant to applicable law, such provision will be changed to a valid, enforceable provision that accomplishes the objective of the original provision. The remainder of the Terms shall remain in full force and effect.

 

Entire Agreement

This agreement constitutes the complete and exclusive agreement and understanding between the user and the Website. It supersedes all prior agreements, discussions, and understandings whether oral or written.

Policy Changes

We may modify these Terms and Conditions at any time to reflect, for example, changes to our practices or for other operational, legal, or regulatory reasons. Any modifications will be effective when we post them. When we update the policy, we will note the date of the revisions at the top of the policy. Your continued use of the Website following any changes means you accept and agree to those changes.

Contact Us

BlueMala.com is owned and operated by 108 Crows, LLC. For more information about our Terms and Conditions, if you have questions, or if you would like to make a complaint, please contact us by e-mail at: info@BlueMala.com or by mail at: 513 E. Main Street #493, Charlottesville, VA, 22902, United States.