Terms of Use and Disclaimer
Welcome and thank you for visiting WHOLE BODY PRAYER and reviewing our Terms of Use (“Terms”)! These Terms govern your access and use of WHOLE BODY PRAYER, LLC (“WBP,” “we,” “us” or “our”) products and services including any digital offerings provided via our websites and mobile applications (e.g., WHOLE BODY PRAYER app and the 7 DAYS, 14 DAYS and 21-Day Meditation Experience app) as well as our in-person programs and consumer products (collectively, the “Services”). We refer to our websites and mobile applications (each, an “App”) collectively as our “Digital Properties”. These Terms also govern your use of all information, documents, catalogs, communications, files, text, graphics, and audio/visual content (collectively, the “Materials”) made available to you by way of the Services whether by oral, visual, electronically, or other means. We have organized these Terms so that the paragraphs applicable to all products and services appear in the main section. Terms applicable only to a particular product or service appear in distinct sections that follow to make it easier to understand what applies to your specific interactions with us.
1. Acceptance of the Terms
PLEASE READ THESE TERMS BEFORE USING OUR SERVICES AS THEY AFFECT YOUR LEGAL RIGHTS AND OBLIGATIONS. BY USING ANY OF OUR SERVICES, VISITING ANY OF OUR DIGITAL PROPERTIES OR ACCESSING IN ANY WAY ANY MATERIALS, YOU AGREE TO AND ARE BOUND BY THESE TERMS, OUR PRIVACY POLICY, AND ANY OTHER TERMS WHICH MAY APPLY TO YOU. IF YOU DO NOT AGREE TO THESE TERMS OR THE PRIVACY POLICY, YOU MUST NOT ACCESS OR USE OUR SERVICES, DIGITAL PROPERTIES OR MATERIALS.
We reserve the right to change these Terms at any time, without any prior notice to you. Any updates to these Terms will be posted or linked to/from our Digital Properties, including, but not limited to www.wholebodyprayer.com and will apply to you prospectively; so, you should check back each time you use our Services, so you are aware of any changes, as they are binding on you.
2. Medical and Therapeutic Disclaimer
We provide Materials for general informational purposes only. These Materials are not intended or implied to serve as medical or therapeutic advice, diagnosis, or treatment. You should not use any of these Materials as a preventative health measure such as but not limited to, gauging the state of your health, diagnosing or forming a treatment plan for any health issues, illnesses or diseases. WBP does not provide any medical or therapeutic advice. If you have or suspect you have a health or medical problem, you should consult with your physician or another qualified healthcare provider.
WBP neither endorses nor is responsible for the accuracy and reliability of any products, services, events, opinions, advice, or statements made by anyone other than an authorized, trained representative while acting in their official capacity.
3. User Registration and Account Protection
Account creation
While you can browse our websites without creating a user account (“Account”), the purchase of any Services as well as access to any Materials via our Apps, requires you to have an Account. In creating an Account, you must provide us with accurate and complete registration information as prompted during the registration process, including your name, a valid email address which functions as your username and a password of your choice, subject to certain requirements. Each Account registration is for a single user only. You may not misrepresent your identity or your affiliation with any person or organization and you may never use another user’s Account for any purpose whatsoever, with exception of the WBP websites, which are only available to certified instructors.
All our Digital Properties utilize the same Account, enabling you to log-in to any such properties with consistent credentials following your initial registration. We directly provide certified WBP teachers with log-in credentials to accounts we create on their behalf for WHOLE BODY PRAYER.COM upon completion of their certification programs.
You may access the profile associated with your Account (“Profile”) from our Digital Properties when you are logged in. When you access your Profile, you can edit certain information, including your email address and password, or associate additional information with your Profile. You can also contact us directly at support@WBP.com to edit your information. It is your responsibility to ensure your contact information is accurate and up to date. Your Profile may also enable you to manage other aspects of your Account, including the nature and frequency of communications we send to you, among others. The products and services you have purchased or otherwise have entitlements to may also be associated with your Account; And, in such cases, your Profile will provide you with such information along with links for convenient access to such products and services.
You may create or log-in to your Account through social media service functionality, such as Facebook Connect. If you associate your Account with another service in this manner, you expressly authorize WBP and the relevant third party to share and store certain information about you, including personally identifiable information, depending on your account settings with such third party. Please note that you will be bound by the terms of use and privacy policies of any such third parties, in addition to our Terms and Privacy Policy.
Account protection
You are solely responsible for maintenance, security and the confidentiality of your username and password and may not share your Account information with third parties or allow third parties to use your Account. If you believe an unauthorized person has obtained your password or accessed your Account, you must notify us immediately via email at support@WBP.com with “Unauthorized Use” in the subject line. We will not be liable for any loss you may incur from someone else using your password or Account, either with or without your knowledge or permission. However, you may be held liable for any losses we or another related party incur due to someone else using your Account.
Account termination
You may terminate your Account at any time by sending an e-mail to support@WBP.com with “Cancel Account” in the subject line. Please allow seven (7) days for termination to take effect. Following termination, we may delete any or all of the information associated with your Account, including your entitlements to access any Materials and other functionality, whether purchased by you or otherwise, and such entitlements will not be restored if you create a new Account. You have no recourse with regard to any information that we delete or functionality we remove upon Account termination, regardless of any value you may ascribe to such data or functionality. We further disclaim any value you may attribute to any of your data stored on our servers. Additionally, you will not receive any further communications from us unless and until you create a new Account, or you otherwise request that we provide communications to you. Our rights under the Terms will survive any termination of your Account or cessation of your use of our Services.
4. User Generated Material
We may enable you and others to participate in in-person, telephonic or online group lessons, meditations, workshops, and other sessions, as well as in online groups, chat rooms and message boards, some of which may be a required or optional component of certain product and service offerings. In connection with these forums, you may have the opportunity to share comments, perspectives, and other information with the WBP Community. Please note that some of these forums, including chat rooms and message boards, may remain publicly accessible indefinitely and may be accessible on non-WBP websites. Other forums, including group lessons, meditations and workshops may be recorded and remain accessible to other participants in the session or the program to which the session relates. You may also share testimonials or reviews of our products and services or ideas and comments about ways to improve the Services for public display, or for our private use. In connection with all these activities, you are responsible for all content and activity that occurs under your Account or in your name (collectively, “User Generated Material”).
User Generated Material must not:
Contain any material which is false, defamatory, libelous, obscene, harassing, threatening, discriminatory, bigoted, hateful, violent, vulgar, profane, pornographic, or otherwise offensive, inappropriate, damaging, disruptive or harmful, as determined by us in our sole and absolute discretion.
Violate our or any other person’s legal rights (including rights of publicity and privacy), contain any material that could give rise to any civil or criminal liability under applicable laws or regulations or otherwise promote, advocate, or assist any illegal activity or unlawful act.
Create or threaten harm to any person or loss or damage to any property.
Infringe any patent, trademark, trade secret, copyright, contract or other intellectual property or proprietary rights of us or any other person.
Seek to harm or exploit children by exposing them to inappropriate content, asking for personally identifiable information, or otherwise.
Misrepresent your identity or affiliation with any person or organization, including WBP.
Seek to collect other users’ e-mail addresses and/or their usernames or passwords for WBP or other services by electronic or other means for any purpose including to send unsolicited e-mail or other electronic communications.
Seek to transmit chain letters, bulk, or junk e-mail, whether automated or not, or interfere with, disrupt or create an undue burden on WBP or the networks or services connected to WBP or install or attempt to install or promote spyware, malware or other computer code on our or third parties' computers or equipment.
Involve commercial activities such as contests, sweepstakes and other sales promotions, barter, advertising or offers of sale or purchase of goods and services regardless of whether such products or services are competitive to those offered by WBP.
We do not claim ownership to User Generated Material. However, by posting or otherwise sharing User Generated Material, subject to any restrictions explicitly set forth herein, you irrevocably grant us and our assigns, agents and licensees and other users a worldwide, non-exclusive, perpetual, irrevocable, transferable, royalty-free, license to use, reproduce, share, transmit, print, publish, publicly display, exhibit, distribute, copy, modify, sublicense, translate, create derivative works of, publicly perform, and otherwise exploit your User Generated Material, in whole or in part, for any purpose, including promotional purposes, in all media formats now known or hereafter created, without further notice to you, and with or without attribution to you. We own all rights, title, and interests in any compilation, collective work or other derivative work created by us using or incorporating your User Generated Material (but not your original User Generated Material), expressly including any comments or ideas about ways to expand or improve any of the Services. You waive any moral rights you may have in the User Generated Material. With respect to User Generated Material posted by you, you represent that (a) you created and own the rights to the content or you have the owner’s express permission to share the content and (b) the content does not infringe any other person’s or entity’s rights (including the copyrights, trademarks or privacy rights) or violate any applicable laws, these Terms or any of our other posted policies. You agree that we have no obligation to examine or enforce any intellectual property rights in or to your User Generated Material. You agree to pay all royalties, fees and other monies owing any person related to User Generated Material that you share via WBP.
We have the right, but not the obligation to monitor, review, screen, post, remove, reject, modify, and store User Generated Material you share, at any time and for any reason, without notice, including to ensure that User Generated Material complies with the Terms. We do not endorse any User Generated Material and the User Generated Material shared does not reflect our opinions, views, or advice. You are solely responsible for your User Generated Material and the consequences of sharing it and you agree that we are acting only as a passive conduit for your communication, distribution and/or publication of your User Generated Material. We take no responsibility and assume no liability for any User Generated Material that you or any other user or third-party shares via WBP, nor do we assume any liability for any action or inaction regarding transmissions, communications or content provided by any user or third party.
Without limiting the foregoing, we have the right to cooperate fully with any law enforcement authorities or court order requesting or directing us to disclose the identity or other information of anyone providing User Generated Material. YOU WAIVE AND HOLD HARMLESS WHOLE BODY PRAYER AND OUR AFFILIATES, AND EACH OF THEIR EMPLOYEES, DIRECTORS, OFFICERS, MANAGERS, MEMBERS, SHAREHOLDERS, AGENTS, REPRESENTATIVES, ATTORNEYS, VENDORS, SERVICE PROVIDERS AND CONTRACTORS (COLLECTIVELY, THE “WHOLE BODY PRAYER PARTIES”) FROM ANY CLAIMS RESULTING FROM ANY ACTION TAKEN BY ANY OF THE WHOLE BODY PRAYER PARTIES DURING, OR TAKEN AS A CONSEQUENCE OF, INVESTIGATIONS BY EITHER SUCH WHOLE BODY PRAYER PARTIES OR LAW ENFORCEMENT AUTHORITIES.
Though we strive to enforce our rules regarding User Generated Material, you may be exposed to User Generated Material on WHOLE BODY PRAYER that is inaccurate, objectionable, inappropriate for children, or otherwise unsuited to your purpose or in violation of our Terms. We take no responsibility and expressly deny any liability related in any way to your exposure to User Generated Material, whether it violates our Terms or not.
Please carefully choose the information you share via WBP and give to other users. We discourage publicly sharing personal information, including your telephone numbers, street address, e-mail address, or other information that allows strangers to find you or steal your identity.
You assume all risks associated with interacting with other users with whom you come in contact through our Digital Properties or otherwise in connection with the Services, and to the fullest extent that the law permits, you release us from any claims or liability related to any User Generated Material shared via WBP and from any claims related to the conduct of any other users.
We reserve the right, but have no obligation, to monitor or to take any action regarding disputes between you and any other user and shall have no liability for your interactions or any disputes with other users or for any user’s action or inaction. You are always solely responsible for your conduct and your interactions with other users.
5. Accessing the Services
Minimum age
To accept these Terms and to access and use our Services you must be at least 18 years of age, or if you have parental consent, at least 13 years of age (“Minimum Age”). Parental consent must be provided to WBP, in writing and signed by the consenting parent and submitted to WBP via app or website. WBP Services are not intended for users under the Minimum Age. You hereby affirmatively represent that (a) you are at least the Minimum Age; (b) you have the consent of your parent(s) or guardian(s) to access and use the Services if you are under 18 years of age; (c) you have all the applicable rights and authority to grant WBP the rights granted herein; and (d) you have read, understood, and agree to be bound by these Terms. If you are not at least the Minimum Age, do not have parental consent, or you do not agree to all the terms and conditions of this Terms, you may not use the Services.
Modification or suspension of the services and right to terminate your use of the Services
We reserve the right, subject to these Terms, to change, suspend, or discontinue any aspect of the Services, in our sole and absolute discretion and without notice or liability, including by adding or eliminating certain features, removing access to any Materials, or discontinuing any of our offerings entirely. Any description of the features of products or services offered by WBP shall not be a representation by WBP that such features will always be included in such products and services.
We also reserve the right, subject to the Terms, to terminate or suspend your Account or restrict access to Services, for all users or only for you, without notice or liability. Accordingly, for any reason, and without notice, all or any part of the Services and Materials may become unavailable to you at any time and for any period. In the event we terminate your Account, we may delete any information associated with your Account. For more information on the availability of the Services and treatment of your information following Account termination, see the section entitled Account termination.
For the avoidance of doubt, we will not be liable if for any reason all or any part of the Services, Digital Properties or Materials is unavailable at any time or for any period.
6. Prohibited Conduct
Unless expressly provided for herein or as agreed upon in a writing duly signed by us and you, you may not under any circumstances:
Reproduce, download, modify, translate, add to, distribute, transmit, share, publish, perform, display, disclose, archive, upload, broadcast or sell, sublicense, index or exploit any Materials in any medium without our prior express written permission, either directly or through the use of any device, software, Internet site, web-based service or other means.
Copy or print any Materials, whether licensed by us or otherwise, unless and to the extent it is for your own personal, non-commercial use and you must retain all trademark, copyright and other proprietary notices contained in and on any such Materials.
Use the Materials in a manner that suggests an association with any of our products, services, or brands.
Remove, alter, bypass, avoid, interfere with, or circumvent any copyright, trademarks or other proprietary notices marked on the any Materials or any digital rights management mechanism, device, or other content protection measures either directly or through other means.
Mirror, frame, screen scrape or deep link to any aspect of the Services or access any Materials through technology or means other than those provided or authorized by us.
Access the Services via any automated system, including without limitation by “robots,” “spiders,” “offline readers,” etc., attack the Digital Properties via a denial-of service attack or a distributed denial-of-service attack or otherwise take any action that imposes, or may impose (as determined by us in our sole and absolute discretion) an unreasonable or disproportionately large load on our infrastructure, or attempt to interfere with the proper working of the Digital Properties in any other way.
Knowingly or recklessly upload invalid data or introduce viruses, worms, Trojan horses or other malware or software agents, whether harmful or not, or tamper with, impair, damage, attack, exploit, or penetrate the WBP system or network, or otherwise attempt to interfere with or compromise the system integrity or security of WBP or any connected networks, or take any action to impact the proper operation of the Services and any person’s or entity’s use or enjoyment thereof;
Bypass the measures we may use to prevent or restrict access to or use of the Services including by hacking into secured or non-public areas, circumventing any fencing mechanisms or others used by WBP;
Use the Services to collect any personally identifiable information, including Account names and e-mail addresses, or use the Services for any commercial solicitation purposes, without express written permission from WBP;
Attempt to reverse engineer any aspect of the Services or attempt to derive the source code (including the tools, methods, processes and infrastructure) that enables or underlies the Services, create any derivative works or materials of any kind using any Materials, whether or not you intend to give away the derivative materials free of charge, or otherwise build a business utilizing any aspect of the Services; or
Use our Digital Properties to engage in any illegal activity or the planning of any illegal activity.
7. Intellectual Property Rights
Materials and non-commercial use
We grant you a non-exclusive, revocable, limited, royalty-free, non-transferable, non-sublicensable license to use the Services and the Materials subject to these Terms. Unless otherwise specified, the Services and the Materials are for your individual, personal and non-commercial use. No other rights, assignment, licenses, or legal relationship of any nature, including, but not limited to agency, partnership, joint-venture, employer-employee, franchisor-franchisee, or otherwise, either expressed or implied, are created through your use of the Services unless expressly reserved in these Terms.
We or our affiliates own, control, or license the Materials available via the Services, and the Materials are protected from unauthorized use, copying and dissemination by U.S. and international intellectual property laws. No right, title or interest in or to the Services or any Materials is transferred to you, and all rights not expressly granted are reserved. Any use of the Services not expressly permitted by these Terms may be a breach of the Terms, and may violate copyright, trademark, and other laws.
You may create a plain text hyperlink to the pages of our Digital Properties provided that neither you nor the link portrays us or any of our Services in a false or disparaging manner or suggests sponsorship, affiliation, or endorsement by or with us. You may not use any of our trademarks as part of the link without our express written permission. We may revoke this permission at any time for any reason upon notice to you.
DMCA copyright policy and Copyright Agent
We respect the intellectual property rights of others and expect our users to do the same. We may remove User Generated Material that in our sole discretion appears to infringe the copyrights of others. In addition, in our sole and absolute discretion, we may terminate Accounts of users who infringe the copyrights of others. If you believe that we or another user has infringed your copyrights, please notify our Copyright Agent, and provide the following information: (a) a physical or electronic signature of the person authorized to act on behalf of the owner of the copyright; (b) an identification of the copyright claimed to have been infringed; (c) a detailed description of the material that you claim is infringing, so that we may locate it, including the URL where the infringing material appears; (d) your address, telephone number, and email address; (e) a statement by you that you have a good faith belief that the allegedly infringing use is not authorized by the copyright’s owner, its agent, or the law; and, (f) a statement by you, made under penalty of perjury, that the foregoing information is accurate and that you are authorized to act on behalf of the owner of the copyrights involved. We will process each notice of alleged infringement that we receive and will take appropriate action in accordance with applicable intellectual property laws.
Our Copyright Agent can be reached via email at support@wbp.com or by mail at the following address:
Attention: Copyright Agent
WHOLE BODY PRAYER, LLC
1750 STONE RIDGE DR
STONE MOUNTAIN, GA 30083
Trademarks
WHOLE BODY PRAYER name, marks, logo, and all related names, logos, product and service names, designs, and slogans are trademarks of WHOLE BODY PRAYER, LLC or its affiliates or licensors. You must not use such marks without the prior written permission of WHOLE BODY PRAYER. All other names, logos, product and service names, designs, and slogans on the Digital Properties are the trademarks of their respective owners.
8. Privacy Policy
By accessing or using our Services, you consent to the collection and use of your information, including personally identifiable information, in accordance with our Privacy Policy. For more information, please read our Privacy Policy, which is incorporated by reference into these Terms.
9. Third Party Websites
Our Digital Properties may contain links to non-WBP websites on the Internet. Any such links to non-WBP websites have been provided solely as a convenience. You may also encounter our Materials or advertisements for our Services on non-WBP sites, including social media sites. We do not control or endorse these non-WBP websites, nor review or approve the content that appears on such websites and expressly disclaim responsibility and liability therefor. You acknowledge and agree that we will not be held responsible or liable, directly or indirectly, for any damage or loss caused or alleged to be caused by or in connection with the use of any of the links, any of your activities or interactions with elements of such non-WBP websites outside of our control, or for the content, goods, or services available on or through such non-WBP websites.
Additionally, you may choose to share information about your activities in connection with our Services with users of other services, including social media services, via tools we provide you with access to or otherwise. Please note that we are not responsible for any content you share in this manner.
Please consult the Privacy Policies and Terms of Use for any non-WBP websites we link to or on which our Materials or advertisements appear as well as any services by way of which you share information relating to your activities in connection with our Services for more information about how such websites and services govern your activities and use your information.
10. Disclaimer of Warranties
WE PROVIDE THE SITE ON AN “AS IS”, “AS AVAILABLE” AND “WITH ALL FAULTS” BASIS TO THE FULLEST EXTENT PERMISSIBLE BY LAW. THE WBP PARTIES DO NOT REPRESENT OR WARRANT OR ENDORSE, EXPRESSLY OR IMPLICITLY, THAT THE SERVICES AND DIGITAL PROPERTIES: (I) ARE RELIABLE OR WILL BE UNINTERRUPTED, (II) WILL BE FREE OF DEFECTS OR ERRORS, (III) WILL OPERATE IN THE CONFIGURATION OR WITH OTHER HARDWARE OR SOFTWARE YOU USE, (IV) WILL BE SECURE AND FREE FROM ANY HARMFUL COMPONENTS, SUCH AS VIRUSES OR OTHER MALWARE, OR (V) WILL CONTAIN MATERIALS THAT ARE ACCURATE, COMPLETE, CORRECT, ADEQUATE, USEFUL, TIMELY OR RELIABLE.
THE WBP PARTIES MAKE NO WARRANTIES OF ANY KIND OTHER THAN AS EXPRESSLY SET FORTH HEREIN AND YOUR USE AND ACCESS OF THE SERVICES, MATERIALS, AND DIGITAL PROPERTIES IS ENTIRELY AT YOUR OWN RISK. WBP EXPRESSLY DISCLAIMS ANY WARRANTY, EXPRESS OR IMPLIED, REGARDING THE SERVICES, MATERIALS, AND DIGITAL PROPERTIES, INCLUDING, BUT NOT LIMITED TO, ANY IMPLIED WARRANTIES OF MERCHANTABILITY, SATISFACTORY PURPOSE, FITNESS FOR A PARTICULAR PURPOSE, NON-INFRINGEMENT, TITLE, COMPATIBILITY, SECURITY, AND ACCURACY, AND ALL WARRANTIES THAT MAY ARISE FROM A COURSE OF DEALING, COURSE OF PERFORMANCE OR USAGE OF TRADE. IN STATES AND JURISDICTIONS IN WHICH THE EXCLUSION OF WARRANTY IS PROHIBITED, SUCH EXCLUSIONS SHALL ONLY APPLY TO THE EXTENT PERMITTED. WBP, INC DOES NOT WARRANT, ENDORSE, GUARANTEE OR ASSUME RESPONSIBILITY FOR ANY INFORMATION, PRODUCT OR SERVICE PROVIDED, ADVERTISED OR OFFERED BY A THIRD-PARTY VIA WBP OR ANY LINKED OR OTHER THIRD-PARTY PROPERTY.
11. Disclaimer of Liability and Indemnification
Under no circumstances will the WBP Parties be liable to you or to any third party for any consequential, incidental, indirect, punitive or special damages (including damages relating to lost profits, lost data or loss of goodwill) or for any other loss, damages or injury of any kind that are directly or indirectly related to the Services, your access or use of the Digital Properties or Materials, any User Generated Material, your data, your Account or the information contained therein, any errors or omissions or any damage to any user’s computer, hardware, software, wireless devices, or technology, even if foreseeable or even if the WBP Parties have been advised of or should have known of the possibility of such damages, whether in an action of contract, negligence, strict liability or tort. In no event will the WBP Parties be liable to you or anyone else for loss, damage or injury relating to any third-party providing you with services, including, but not limited to, WBP Partners and WBP Certified Teachers. Some jurisdictions do not allow the exclusion or limitation of incidental or consequential damages, so the above limitation or exclusion may not apply. In no event will the WBP Parties’ total liability to you for all damages, loss, or causes of action, if any, exceed the amount you have paid to WBP for the product or service giving rise to the claim.
The limitation of liability set out above does not apply to liability resulting from our gross negligence or willful misconduct.
You shall indemnify, defend, and hold harmless WBP and its subsidiaries, affiliates, shareholders, officers, directors, agents, licensors, suppliers, service providers, employees, and representatives (the “Indemnified Parties”) from and against any and all claims, demands, causes of action, losses, expenses, damages and/or liabilities, including reasonable attorney’s fees and court costs, incurred by the Indemnified Parties in any way related to your (a) acts and/or omissions on or off the Digital Properties or while otherwise using or accessing our Services; (b) violation of any rights of another party, including without limitation any alleged infringement of intellectual property or other right of any person or entity relating to the Digital Properties, Services, or User Generated Material; (c) breach of these Terms; (d) disputes with or between other users; (e) use and/or misuse of the Digital Properties or Materials; (f) violation of any applicable law or regulation; (g) submitting inaccurate, untimely, incomplete or misleading User Generated Material; (h) misstatements and/or misrepresentations; or (i) contracts or arrangements made or provided based on any Materials provided via the Services. You must cooperate as requested by WBP in the defense of such claims. WBP reserves the right, at its own expense, to assume the exclusive defense and control of any matter otherwise subject to indemnification by, and you shall not, in any event, settle any claim or matter on behalf of WBP without the written consent of WBP. This indemnification obligation shall survive the cessation of your use of the Services.
If applicable, you hereby waive California Civil Code Section 1542 in connection with the foregoing, which states: “A general release does not extend to claims that the creditor or releasing party does not know or suspect to exist in his or her favor at the time of executing the release and that, if known by him or her, would have materially affected his or her settlement with the debtor or released party.”
12. Dispute Resolution/Mediation/No Class Relief
If any controversy, allegation or claim arises out of or relates to the Services, Materials, your access or use of the Digital Properties, or these Terms, then you and we agree to send a written notice to the other providing a reasonable description of the dispute, along with a proposed resolution thereto. If we do not have a current physical or email address for you, then we have no obligation under this section. Your notice to us must be sent to us at our contact details below. For a period of sixty (60) days from the date of receipt of notice from the other party, we will engage in a dialogue with you in order to attempt to resolve the dispute though nothing will require either of us to resolve the dispute on terms with respect to which either you or we, in each of our sole discretion, are not comfortable. If you have any concerns or objections regarding any financial charges, you agree not to cancel or reject any credit card or third-party payment processing charges until and unless you have made a reasonable attempt at resolving the matter directly with us.
All disputes arising out of or relating the Services, Materials, your access or use of the Digital Properties, or these Terms that remain unresolved following the dialogue described above will be exclusively resolved under confidential binding arbitration held in Fulton County, Georgia in accordance with the applicable Rules of the American Arbitration Association. The arbitrator’s award will be binding and may be entered as a judgment in any court of competent jurisdiction. To the fullest extent permitted by applicable law, disputes will be mediated only on an individual basis and will not be consolidated with any other proceedings that involve any claim or controversy of any other party, whether through class arbitration proceedings or otherwise. But if, for any reason, any court with competent jurisdiction or any mediator selected pursuant to this section holds that this restriction is unconscionable or unenforceable, then our agreement to mediate in this section will not apply and the dispute must be brought exclusively in court pursuant to the following paragraph.
Except to the extent that mediation is required, any action or proceeding relating to any dispute may only be instituted in federal court in Fulton County, Georgia. Accordingly, you and we consent to the exclusive personal jurisdiction and venue of such courts for such matters.
Notwithstanding the foregoing, we will have the right to seek injunctive or other equitable relief in state or federal court located in Fulton County, Georgia, at 75 Ted Turner Drive, SW, Atlanta, GA 30303 to enforce these Terms or to prevent an infringement of a third party’s rights. In the event equitable relief is sought, each party hereby irrevocably submits to the personal jurisdiction of such court. To the fullest extent permitted by applicable law, any cause of action you may have with respect to your use of the Services or access or use of the Digital Properties must be commenced within one year after the claim or cause of action arises.
13. General Consent to Electronic Communications
You consent to receive communications from us whether required by law or otherwise, either by e-mail (if you have provided us with your e-mail address), by any other form of communication you have consented to in your Account settings, or by notice posted on www.wbp.com as determined by us in our sole discretion. You agree that any requirement that a notice, disclosure, agreement, or other communication be sent to you by us in writing is satisfied by such electronic communication. We are not responsible for any automatic filtering you or your network provider may apply to communications we send to an e-mail address or other location that you provide to us.
Specific reasons we may contact you
We may send the following communications to you via e-mail, push notification or by another messaging platform:
Suggestions regarding, or information about, Services or Materials we believe would be of interest to you
Statistics about your activity and messages intended to reinforce certain activities and behaviors we reasonably believe you want to continue or otherwise pursue
Newsletters, if you have requested to receive them
Ad hoc offers and promotions, including on behalf of third-parties
You can opt-out of receiving any e-mail communications from us (or reinstate receipt) by clicking the “unsubscribe” link included at the bottom of any e-mail we send you or, if you have an Account, by updating your Account settings.
At any time, you can manage our ability to send you push notifications by turning off the notification settings in the relevant mobile application or in the device settings of your mobile device. If you choose not to receive push notifications, you may still receive in-app notifications.
Notwithstanding your indicated email marketing preferences, we may send you administrative emails regarding WBP, including, for example, order confirmations or information about Services you have purchased as well as notices of updates to the Privacy Policy or these Terms if we choose to provide such notices to you in this manner. We may also contact you via e-mail to respond to a question, comment, or other communication that you may have initiated with us, including but not limited to questions related to the Privacy Policy or these Terms, any User Generated Material you provide or in relation to customer service issue.
Text messages
WBP may seek your consent to contact you with certain non-emergency, automated, autodialed, prerecorded, or other telemarketing text messages. We may contact you using your phone or mobile number with an automatic telephone dialing system (ATDS). You may opt-out of these communications at any time, and consent to receive marketing text messages is not required to purchase any products or services.
14. Refund Policy
Our refund policy varies depending on the product or service purchased. Please see Product and Service Specific Terms for more details.
Refunds can only be made via the same payment method used to make your initial purchase. Refunds made to expired or cancelled cards are handled by your card issuer. In the event you have a replacement card with the same issuer, the refund should arrive on the account of your new credit card, even though the number is different. If no replacement card exists, you should contact the issuer to ensure delivery of the refund to you by alternative means.
15. Miscellaneous
Our failure to act with respect to a breach of the Terms by you or others does not constitute a waiver and will not limit our rights with respect to such breach or any subsequent breaches. The provisions of these Terms are intended to be severable. If for any reason any provision of these Terms is held invalid or unenforceable in whole or in part by any court of competent jurisdiction, such provision shall, as to such jurisdiction, be ineffective to the extent of such determination of invalidity or unenforceability without affecting the validity or enforceability thereof in any other manner and without affecting the remaining provisions hereof, which shall continue to be in full force and effect.
16. Governing Law and Jurisdiction
These Terms will be governed by and construed in accordance with the laws of the state of New York, without regard to its conflicts of laws principles and specifically will not be governed by the United Nations Convention on contracts for the international sale of goods. You agree that jurisdiction and venue in any legal proceeding directly or indirectly arising out of or relating to the Services, will be in Fulton County, Georgia, in state or federal court located at 75 Ted Turner Drive, SW, Atlanta, GA 30303 and you hereby consent and submit to the exclusive personal jurisdiction and venue in Fulton County, Georgia.
17. Feedback
We welcome your suggestions for ways we can improve the Services, Materials or our Digital Properties. Please feel free to submit comments and feedback by emailing us at support@wbp.com. Please note that any such communications received from you will be considered User Generated Material and will be treated as such in accordance with these Terms and may be used by us without restriction without any obligation, financial or otherwise, to you. See the section entitled User Generated Material for more information.
18. Contact Us
If you have any questions about these Terms, contact us via email at support@wbp.com or by mail at:
Attention: Terms of Use
WHOLE BODY PRAYER, LLC
1750 STONE RIDGE DR
STONE MOUNTAIN, GA 30083
Product and Service Specific Terms
Retreats
Our retreats are (typically) multi-day events at third-party properties that include well-being programming geared around particular themes. You may purchase a full package for a retreat including event tickets, hotel accommodations and certain value-added products and services. In certain circumstances we may offer the opportunity for you to separately purchase event tickets or subsequently add value-added products and services or additional nights hotel stay to your retreat reservation. Retreats may be purchased directly through a member of the WBP sales team (“Program Consultant”) or online at WBP.COM. The below information regarding our policies with respect to our retreats are expressly subject to any additional policies and procedures communicated at the point of sale and / or provided on your retreat purchase confirmation. To the extent such policies and procedures communicated at the point of sale and/or provided on your retreat purchase confirmation conflict with these Terms, such policies and procedures shall apply.
COVID Policy for Retreats
To attend WBP retreats you must be fully vaccinated against Covid-19 prior to arrival. Proof of vaccination must be provided upon check-in at the applicable event venue in the form of your original vaccination card or a printed copy of the vaccination card, along with an appropriate ID matching the name displayed on the card. Documentation must show that you have received all generally suggested doses of the applicable vaccine no less than two (2) weeks prior to the start of the event you are attending, including any boosters or other re-vaccinations suggested due to the passage of time. You will not be allowed to participate in an event that you are scheduled to attend if you do not provide the requisite proof of vaccination and no refunds will be provided in the event of your failure to comply with this policy.
Retreat cancellation and refund policy
You have 36 hours from time of purchase to cancel your attendance at a retreat and receive a full refund.
If you cancel more than 36 hours from time of purchase and more than 21 days prior to the start of the applicable retreat, you will receive a credit (“Program Voucher”) for the original amount paid for the retreat you are cancelling, including any related value-added products and services or additional hotel nights purchased (less any administrative fees associated with payment plans – see below); Program Vouchers may be applied toward any WBP products and services, expressly excluding WBP Retreats (see below) and are valid for up to 18 months from the time of issue , subject to extension in our sole discretion.
Cancellations within 21 days of the start of a retreat will be subject to a cancellation fee which varies per retreat with the balance, if any, of the purchase price (less any administrative fees associated with payment plans) exchanged for a Program Voucher of commensurate value which may be applied toward any WBP products and services, expressly excluding WBP Retreats; please refer to your confirmation e-mail for the applicable cancellation fee.
For double occupancy packages where one guest cancels, the remaining guest is responsible for paying the balance due for a single occupancy package.
If you leave an event early for any reason, no refunds or Program Vouchers will be issued.
In the event we determine, in our sole reasonable discretion, that a retreat must be postponed due to factors beyond our control, we will automatically enroll you in the rescheduled retreat; in the event you choose not to attend the rescheduled retreat, we will issue you a Program Voucher for the full amount of your purchase, excluding any administrative fees associated with payment plans.
In the event we need to cancel a retreat, we will immediately refund the full purchase price to you.
Special policies applicable to Whole Body Prayer Retreats (also referred to as WBP Whole Health Retreat)
WBP Retreats are highly structured and more personalized retreats with fewer participants and may incorporate meditation therapy and health consultations into the programming. WBP Whole Health Retreats are subject to the following additional policy guidelines:
You may be required to complete certain assessments and health questionnaires along with a prescreening process in order to determine suitability for and to fully enroll in WBP Retreats; for more information about how your information will be treated in connection with the foregoing please see our Privacy Policy
Until further notice, all WBP Retreat guests are required to produce COVID-19 vaccination documentation (showing three (3) weeks from full vaccination prior to arrival) or a negative COVID-19 PCR test result (with testing conducted within seven (7) days of arrival via an at home testing kit or a testing center ) prior to and within five (5) days of arrival; in the event you arrive without the requisite proof of vaccination or negative test results, you will not be allowed to participate in the program and no refund or credit will be provided.
Registration for a particular WBP Retreat session closes ten (10) days before the start of the retreat.
Program Vouchers from payments made for WBP Whole Health Retreats may be applied toward any WBP products and services.
You may only move your WBP Whole Health Retreat session two (2) times; in the event you are unable to attend your scheduled session following two (2) moves, your funds will be forfeited.
Retreat payment plans
Payment plans may be available for select retreats at our sole discretion, depending upon the retreat type, date and enrollment capacity among other factors. Availability of payment plans for a specific retreat is subject to change without notice. The first payment is due at the time of enrollment with subsequent installments agreed upon and clearly indicated on your retreat purchase confirmation. Each installment carries a $25.00 administrative fee. Final payment must be made at least 30-days prior to the start date of your retreat. For enrollment in multiple retreats using the same credit card only one fee applies per installment. While we will you’re your space as long as you make your scheduled payments, please note that your enrollment in a retreat is not complete until the final payment is processed.
Video, photographic and audio reproduction consent & release
At WBP retreats, video content, photographic images and audio recordings (collectively, “Footage”) are regularly captured by WBP staff, as well as authorized independent contractors retained by us, for our use and reproduction, including but not limited to for promotional and other commercial purposes. As a result of your participation in a WBP retreat, you may be included in such Footage. Before entering the retreat, you will be asked to sign a consent and release form, assigning the copyright and ownership of this Footage to WBP. You may opt-out of your image, likeness and voice being included in the Footage and used in the manner proposed by declining to sign the consent and release form. Notwithstanding and subject to the terms of any consent and release you execute or any opt-out of such consent and release, your appearance in any such Footage may be considered User Generated Material and is subject to such other terms as set forth in the section entitled User Generated Material.
Online courses
Online course return policy
Our online courses, generally offered through our website at https://wbp.com. Once you purchase an online course, it may be accessed through your Account for one (1) year from your date of purchase. You may not download or otherwise provide third parties with access to any Materials provided via our online courses unless and solely to the extent otherwise set forth in the Materials. You may cancel your access to an online course and receive a full refund within seven (7) days of purchase by contacting us as at support@wbp.com.
Please note that the WBP online course programs are non-refundable once you activate, through access, any sessions within said course program.
Online Teacher and Coach Training Programs
We offer teacher training programs for meditation (Whole Body Prayer teacher program) Wellness lifestyle (our WBP Health Teacher program) as well as a coaching training program (our WBP Well-being Coach program). Completion of these programs confers certification as a WBP Certified Teacher or WBP Certified Well-being coach, as the case may be. The programs are offered at specific times and include structured curriculums experienced with a cohort of other students. The curriculum for each program includes a mix of recorded content and live workshops, meditation sessions, student evaluations and other programming.
Each program consists of multiple modules – an enrichment course as well as a certification course. The enrichment courses are geared toward teaching core concepts to enrollees and helping them incorporate such concepts into their daily lives while the certification courses are geared towards helping enrollees teach such concepts to third-parties. Consequently, enrichment courses can be completed without intention for certification. The online courses are prerequisites for the WBP Meditation Teacher program and WBP Health Teacher program, respectively. Subject to certain exceptions, enrollees in the WBP Well-being Coach program must be both WBP Certified Meditation and WBP Certified Health Teachers at the time of the commencement of their Coach Well-being Coach program.
You may purchase one or both courses with prerequisites, if applicable, comprising a given program, or multiple programs, at the same time but you must complete the enrichment course for a specific program prior to starting the applicable certification course. All programs or constituent courses and prerequisites may be purchased directly through a Program Consultant or online at wbp.com. The below information regarding our policies with respect to our Teacher and Coach Training programs are expressly subject to any additional policies and procedures communicated at the point of sale and / or provided on your purchase confirmation. To the extent such policies and procedures communicated at the point of sale and/or provided on your purchase confirmation conflict with these Terms, such policies and procedures shall apply.
Physical Products
We may offer various WBP-branded and third-party products for sale through our online store, at our events or via third-party physical and online retail operations. The below information regarding our policies with respect to our physical products relate solely to sales through our online store and are expressly subject to any additional or conflicting policies and procedures provided at the point of sale or on any applicable purchase confirmation.
WBP Apps
WBP offers mobile applications that provide access to specific functionality and Materials. The same functionality provided by the Apps may be available via web-based applications including at wbp.com. We may introduce an Android or web-based version of the wbp App in the future at our discretion. Additionally, we may discontinue any or all Apps, including the web-based versions of such Apps, at any time for any reason with no liability or obligation to you except as expressly set forth herein. In the event you have an Account, you may log-in to any of our Apps using your Account credentials though the services, programs or features of such Apps that are available to you will depend on your specific subscription and prior purchase history. In the sections that follow, we may be referring to any or all of iOS, Android or web versions of our Apps as the context indicates.
In connection with our in-person programs and events and our digital retreats, we may provide you with access to other third-party apps. While we input event-specific information for display via the wbp Retreats app. All wbp privacy policy and terms of use will apply to your use of the WbpRetreats App.
Wbp App
The Wbp App offers hundreds of meditations and practices with a mind-body-spirit approach to help create and sustain a healthier life, with an emphasis on stress, energy, sleep, mood management, purpose, relationships and growth. Certain content is available in the Wbp App for free, though you will need to have a valid Account to access such free content. Additional content is available in the Wbp App with a paid subscription. You may purchase a subscription to the Wbp App on an annual or lifetime basis or such other duration as we may authorize in our sole discretion (each such duration, the “Subscription Term”). If you have never previously subscribed to the Wbp App, your Wbp App subscription may start with a free trial to the subscription service. The duration of your trial period will be communicated to you upon your subscription to the Wbp App. You may still subscribe to the Wbp App without a free trial though in such case billing, as described below, will commence immediately. You may subscribe to the Wbp App in-app via the Apple App Store or on the wbp.com website. Please note that the content that is available for free in the Wbp App is subject to ongoing change in our sole discretion
You may cancel your subscription prior to the end of the free trial period, if applicable, with no further obligation or liability to us with respect to the Wbp App, otherwise billing for your subscription will commence at the end of the free trial at the rate communicated to you upon initiation of your subscription. Unless cancelled no less than 24-hours prior to the end of your Subscription Term, your subscription will automatically renew. The entire amount due for the next Subscription Term will be charged to the payment method we have for you on the first day of such renewal Subscription Term, which may be any date during the month depending on when your initial subscription commenced. Please note that you may not receive a notice from us regarding an upcoming charge, either due to the end of your free trial or the renewal of your subscription for another Subscription Term. We reserve the right to adjust pricing for the Wbp App in any manner and at any time as we may determine in our sole and absolute discretion. Any such price changes will take effect following notification to you and only upon the renewal of your subscription for another Subscription Term. Increases or decreases in subscription prices for the Wbp App will not apply retroactively or to any partial period within a Subscription Term.
You may cancel your subscription or confirm your Subscription Term end date by contacting us at support@wbp.com. Following any cancellation, your subscription will remain active through the end of your then-current Subscription Term. With the limited exception of your initial annual subscription or a lifetime subscription to the Wbp App, subscription fees are fully earned upon payment and, accordingly, payments are nonrefundable. You may cancel your first annual subscription or a lifetime subscription purchase within the first thirty (30) days of your access to subscription-based content and any associated charges will be promptly refunded to you.
When you register for a free trial or otherwise subscribe to the Wbp App at the wbp.com website you will be required to provide a valid payment method in order for us to begin billing your subscription fee at the conclusion of the trial period or immediately, as the case may be. Please note that we may authorize your payment as soon as you register for a free trial and this authorization may impact the balance and available credit of your account with the relevant payment method. By providing your payment method, you expressly authorize us to charge your designated payment method at the start of each Subscription Term at the then-current subscription rate. If a payment is not successfully settled for any reason, including due to expiration of your payment method, insufficient funds, or otherwise, you remain responsible for any uncollected amounts and authorize us to continue billing your designated payment method, as it may be updated. For certain payment methods, the issuer of your payment method may charge you a foreign transaction fee or other charges. Check with your payment method service provider for details. We reserve the right not to process, to delay processing pending receipt of additional verification regarding your identity, or to cancel your order or your subscription and access to the Wbp App at any time and for any reason or no reason in our sole discretion including in the event we are unable to charge your payment method. In the event we cancel your subscription during a Subscription Term, excluding a lifetime term, other than because of your breach of these Terms, we will refund a pro-rata amount of your subscription fees for the remainder of your Subscription Term. You are responsible for ensuring your payment method is up to date by communicating any changes to us at support@wbp.com.
We may offer the Wbp App as part of a bundle of offerings with other WBP products or services. In such instances, all the terms applicable to the individual products and services included in such bundle will apply to such products and services except that the refund policy for all components of such bundle will match the policy with the shortest term of the various products and services in such bundle. Please note, for example, in the event we bundle an annual subscription to the Wbp App with one or more programs, you will only have seven (7) days to cancel your bundled Wbp App subscription.
Please note that if you subscribe to the Wbp App via the Apple App Store, the above description of the Wbp app policies and procedures may be superseded by the refund, billing, cancellation and other policies and procedures of the Apple App Store. Please see below for more information about the Apple App store and its policies and procedures.
Mobile Service
You must have Internet access to use our Apps and to the extent you access our Digital Properties through a mobile network, your network provider's messaging, data and other rates and fees may apply. We do not warrant that any of our Apps will be compatible with your network provider or device. You acknowledge and agree that we may release updates to our Apps and that you may be required to install any such updates in order for such Apps to continue functioning properly. You may not export any of our Apps except in compliance with all applicable laws. If you are entering into this Agreement on behalf of any agency or instrumentality of the United States Government, our Apps are "commercial computer software" and pursuant to FAR 12.212 and its successors, as applicable, use, reproduction and disclosure of such Apps is governed by these Terms.
iOS Apps
The following applies if you obtain the any of our Apps through the iTunes App Store: You acknowledge and agree that the Terms are solely between you and Wbp, not Apple, and that Apple has no responsibility for the App or the content thereof. Your use of the App must comply with the App Store Terms of Use or other terms applicable to the use of the App. You acknowledge that Apple has no obligation whatsoever to furnish any maintenance and support services with respect to the App. In the event of any failure of the App to conform to any applicable warranty, you may notify Apple, and Apple will be responsible for any refund of the purchase price for the App to you; to the maximum extent permitted by applicable law, Apple will have no other warranty obligation whatsoever with respect to the App, and any other claims, losses, liabilities, damages, costs or expenses attributable to any failure of the App to conform to any warranty will be solely governed by these Terms and any law applicable to Wbp as a provider of the App. You acknowledge that Apple is not responsible for addressing any claims by you or any third party relating to the App or your possession and/or use of the App, including but not limited to (i) product liability claims; (ii) any claim that the App fails to conform to any applicable legal or regulatory requirement; and (iii) claims arising under consumer protection or similar legislation; and all such claims are governed solely by these Terms and any law applicable to Wbp as provider of the App. You acknowledge that, in the event of a claim that the App and your possession and use thereof infringes a third party's intellectual property rights, Wbp, not Apple, will be solely responsible for the investigation, defense, settlement and discharge of any such intellectual property infringement claim to the extent required by these Terms. You and Wbp acknowledge and agree that Apple and its subsidiaries are third-party beneficiaries of these Terms as relates to your license of the App and that, upon your acceptance of the Terms, Apple will have the right (and will be deemed to have accepted the right) to enforce the Terms as relates to your license of the App against you as a third-party beneficiary thereof.
Apple and the Apple logo are trademarks of Apple, Inc., registered in the U.S. and other countries. App Store is a service mark of Apple, Inc. iTunes is for legal or rightsholder-authorized copying only.
Android™ Apps
The following applies if you obtain any App through Google Play™. You acknowledge and agree that these Terms are solely between you and Wbp, not Google LLC, and that Google has no responsibility for the App or the content thereof. Your use of the App must comply with the Google Play™ Terms of Use or other terms applicable to the use of the App. You acknowledge that Google bears no obligation or responsibility for maintenance and support services with respect to the App. To the maximum extent permitted by applicable law, Google will have no warranty obligation whatsoever with respect to the App, and any claims, losses, liabilities, damages, costs or expenses attributable to any failure of the App to conform to any warranty will be solely governed by these Terms and any law applicable to Wbp as a provider of the App.
Android™, GooglePlay™, and Google™ are all trademarks of Google LLC.