Terms of Sale for Online Goods and Services
Effective Date: December 8, 2023
THE FOLLOWING TERMS OF SALE APPLY TO ALL SALES AND USES. PLEASE REVIEW CAREFULLY. THESE TERMS INCLUDE LIABILITY AND ARBITRATION PROVISIONS. KEEPING, USING, OR ALLOWING USE OF THE GOODS OR SERVICE INDICATES YOUR AGREEMENT TO THESE TERMS. IF YOU DO NOT WISH TO AGREE TO THESE TERMS, PLEASE DO NOT COMPLETE YOUR PURCHASE. IF YOU HAVE ANY QUESTIONS PLEASE CONTACT US AT [email protected].
“Lindywell” as used herein means Balanced Life, Inc. DBA Lindywell, and any and all of its affiliates and/or subsidiaries and/or business agents, servants, and employees.
Goods and Services sold by LINDYWELL include equipment and gear used in breathwork, fitness, wellness, and exercising. Participation in any of these activities is a high-risk sports activity. You participate in any of these activities at your own risk. You agree to consult with your personal physician before participating in any of these high-risk activities. Read, understand, and follow specific warnings and instructions on products and in product literature or inserts before using the product. Save these documents for reference.
ADULT USE ONLY
LINDYWELL products and services are not intended for use by minor children and should not be used by anyone 12 or younger. If you are a legal guardian of a child over 12, and elect to allow your child to use any of our products or services, you agree to indemnify, defend, and hold LINDYWELL harmless from any claims arising from such use or any other LINDYWELL product or services. Under no circumstances should any minor be allowed to use any products or service without their legal guardian’s consent and supervision.
ASSUMPTION OF THE RISK
By buying, using, providing, or allowing the use of LINDYWELL’s products, you understand and agree that breathwork, fitness, wellnes,s and exercising are high-risk activities and, to the extent permitted by law, YOU EXPRESSLY AND VOLUNTARILY ASSUME THE RISK OF DEATH OR OTHER PERSONAL INJURY SUSTAINED WHILE PARTICIPATING IN SUCH ACTIVITIES WHETHER OR NOT CAUSED BY THE NEGLIGENCE OR OTHER FAULT of LINDYWELL including but not limited to equipment malfunction from whatever cause, or any other fault of LINDYWELL. Additionally, you agree to indemnify, defend and hold LINDYWELL harmless from any third-party claims arising from such high-risk activities or any other LINDYWELL product or service.
DUTY OF COACHES, TRAINERS, GYMS TO INFORM OTHERS OF THESE TERMS AND CONDITIONS
Before you allow others to use a LINDYWELL product you agree that (a) you will require that they (or their legal guardian if they are minors) read, understand, and agree to these Terms and Conditions (b) you believe they (or their guardian) understand that they are participating in a high-risk activity and assume the risk of death or other personal injury, and (c) you agree to indemnify, defend, and hold LINDYWELL harmless from any claims made by them arising from their use of LINDYWELL products.
All prices posted on this Site are subject to change without notice. The price you pay will be set out at the time the order is submitted. Price changes do not apply retroactively. Posted prices do not include tax or shipping fees. These will be added to your shopping cart. We are not responsible for pricing, typographical, or other errors in any offer by us and we reserve the right to cancel any orders arising from such errors.
SHIPMENT AND RISK OF LOSS
We will arrange for shipment of the products to you. Please check the individual product page for specific delivery options. You will pay all shipping and handling charges specified during the ordering process. Title and risk of loss pass to you upon our transfer of the products to the carrier. Shipping and delivery dates are estimates only and cannot be guaranteed. We are not liable for any delays in shipments.
CANCELLATIONS AND RETURNS
When you order a product or service, it is subject to acceptance by Lindywell and Lindywell may choose not to accept orders in its sole discretion. After an order has been placed by you, it may not be canceled except as set forth here. Product orders, such as orders for Pilates gear (mats, water bottles, prop kits, resistance bands, weights, etc.) and apparel (shirts, hats, etc.) are not cancellable. Virtual events (such as Exhale Hour) are not cancellable. Membership is cancellable; please see our Lindywell Membership Terms for details on canceling memberships.
Unless set forth otherwise on the Site at the time of purchase, we will accept a return of Pilates products and apparel for a refund of your purchase price, less the original shipping and handling costs, provided that the return is made within 30 days of shipment and provided that products are returned in their original condition (unopened, unworn, unwashed). To return a product eligible for return, please send an email to [email protected] to receive instructions. You will be responsible for all shipping and handling charges on returned items. You bear the risk of loss during shipment. Refunds are processed following receipt of your merchandise and inspection to confirm the returned item meets the return requirement of being in its original condition. Your refund will be credited back to the same payment method used for the original purchase. Please see the Lindywell Membership Terms for information on the thirty day refund policy for any reason available to annual members. There are no refunds for monthly or quarterly membership.
LIMITED LINDYWELL PRODUCT WARRANTY
LINDYWELL warrants its products to be free from defects in materials and workmanship for a period of 30 days from date of purchase. LINDYWELL’s sole liability is limited to repairing, replacing or refunding products that are returned within this 30-day period. To make a warranty claim, please contact LINDYWELL at [email protected] to receive instructions.
- Who May Use This Warranty?
This limited warranty extends only to the original purchaser of products from the Site. It does not extend to any subsequent or other owner or transferee of the product.
- What Does This Warranty Cover?
This limited warranty covers during the 30 days from date of purchase defects in materials and workmanship in products purchased from the Site.
- What Does This Warranty Not Cover?
This limited warranty does not cover any damages due to:
- improper use;
- failure to follow the product instructions or to perform any preventive maintenance;
- combination or use with any products, materials, processes, systems or other matter;
- unauthorized repair;
- normal wear and tear; or
- external causes such as accidents, abuse, or other actions or events beyond our reasonable control, including but not limited to damage due to pets or children being allowed access to the product.
EXCEPT FOR THE LIMITED WARRANTY SET FORTH IN THIS SECTION FOR PRODUCTS, THE LINDYWELL PRODUCTS AND SERVICES ARE PROVIDED AS IS AND WITHOUT WARRANTY OF ANY KIND. ALL OTHER WARRANTIES, WHETHER EXPRESS OR IMPLIED BY LAW, COURSE OF DEALING, COURSE OF PERFORMANCE, USAGE OR TRADE OR OTHERWISE, ARE SPECIFICALLY DISCLAIMED, INCLUDING THE IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE, AND NON-INFRINGEMENT.
LIMITATION OF LIABILITY
As set forth above under the limited warranty provision, LINDYWELL’s liability is limited to repair, replacement, or refund of the purchase price of defective products reported to LINDYWELL within the warranty period. IN NO EVENT SHALL LINDYWELL’S LIABILITY EXCEED THE VALUE OF THE PRODUCTS SOLD TO YOU. LINDYWELL SHALL NOT BE LIABLE FOR ANY SPECIAL, INCIDENTAL, PUNITIVE, OR CONSEQUENTIAL DAMAGES THAT RESULT FROM THE USE OF ANY PRODUCT SOLD THROUGH ITS WEBSITES, SOCIAL MEDIA ACCOUNTS, RESELLERS, OR OTHERWISE. Applicable law may not allow the limitation or exclusion of liability of special, incidental, punitive or consequential damages so the above limitation or exclusion may not apply to your purchase, but it is intended to be the maximum limitation as permitted by law.
INTELLECTUAL PROPERTY USE
Where you are purchasing a license to use a service, such as viewing videos or attending live virtual events, You will comply with all terms and conditions of the specific license agreement for any product or service you obtain through this Site, including, but not limited to, all confidentiality obligations and restrictions on resale, use, reverse engineering, copying, making, modifying, improving, sublicensing, and transfer of those licensed products and services. You will not cause, induce or permit others’ noncompliance with the terms and conditions of any of these product and service license agreements. Under no circumstances may you record images from or otherwise copy, in whole or part, any videos or live sessions. All videos and live programs are purchased under a limited use right for you and your immediate family members only.
NO RESALE OR EXPORT
You represent and warrant that you are buying products or services from the Site for your own personal or household use only, and not for resale or export.
Use and misuse of products sold through LINDYWELL’s websites, social media accounts, resellers, or otherwise, involves serious risks including injury, disability, and death. Purchasers, users, and participants assume all risk of injury. LINDYWELL cannot and will not be responsible for the misuse or unauthorized and improper use of products.
INSPECT PRODUCT BEFORE EACH USE
Product must be inspected for use to ensure it has not damaged in shipment. You must inspect the product prior to first use and, if damaged, do not use and immediately return the product to LINDYWELL for a replacement. Please contact LINDYWELL at [email protected], for instruction.
APPLICABLE LAW AND RESOLUTION OF DISPUTES
Your order from LINDYWELL shall be interpreted and construed in accordance with laws of the State of California without regard to its choice of law principles. You agree that any dispute or claim arising out of or in connection with your order or its subject matter or formation (including non-contractual disputes or claims), shall be subject to binding arbitration in Santa Barbara, California. Any cause of action or claim you may have with respect to the purchase of LINDYWELL products or any other claim related to the use of products must be commenced within one (1) year after the claim or cause of action arises. LINDYWELL’s failure to enforce strict performance of any provision of these terms and conditions shall not be construed as a waiver of any provision or right. Neither the course of conduct nor trade practice shall act to modify any of these terms and conditions.
You may contact us by email to [email protected] or mailing us at Lindywell, 1117 State Street, Santa Barbara, California 93101.