GENERAL STATEMENT ON PRIVACY, PERSONAL DATA, AND COMMUNICATIONS
If you use the Website, you are responsible for maintaining the confidentiality of your account, password, and for restricting access to your computer or device. You agree to accept responsibility for all activities that occur under your account and password.
When you visit the Website or communicate with BE via email, you are communicating electronically. You consent to receive communications from BE electronically. BE will communicate with you by email or by posting notifications on the Website. You understand and agree that all agreements, notices, disclosures, and other communications that BE provides electronically satisfy any legal requirement that such communications be in writing.
USER PROVIDED INFORMATION
BE does not collect any personal information about individuals – such as names and postal codes, home addresses, and email addresses – except when such information is knowingly provided to BE. Personal information might be obtained from online transactions such as class and class package purchases, retail purchases, and/or class registrations. Additionally, personal information may be transmitted as part of a form submission or in connection with other activities or services made available on the Website. Any personal identification information retrieved by BE must be voluntarily submitted by the user.
BE may use the information provided to contact you with important information, required notices, and marketing promotions. You may always choose to opt-out of any of these notices (other than those required by applicable law, rule or regulation) by selecting to do so at the bottom of each email you receive from us or by emailing us directly.
AUTOMATICALLY COLLECTED INFORMATION
The Website collects some anonymous information about users automatically when individuals request pages through a browser. This information is used to keep track of the shopping cart and to help us monitor how individuals use the Website, which allows BE to provide an optimal experience and better service throughout the online offerings. The information collected automatically by the server does not contain anything that can identify individuals personally, such as an email or home address.
BE makes every effort to ensure that all of the transactions that occur on the Website are secure. All credit card numbers and transactions are encrypted using 128-bit Secure Socket Layer (SSL) encryption. We are concerned about safeguarding the confidentiality of your information. We provide physical, electronic, and procedural safeguards to protect information we process and maintain. For example, we limit access to this information to authorized employees and contractors who need to know that information in order to operate, develop or improve the Website. Please be aware that, although we endeavor to provide reasonable security for information we process and maintain, no security system can prevent all potential security breaches.
WHAT IS A SECURE CONNECTION?
When a secure connection is established between your browser and a website, any data that is transferred over the connection will be encrypted to prevent it from being viewed by a third party. SSL encryption makes it very difficult for anyone to intercept or decode messages exchanged over this type of secure connection.
Browsers such as Internet Explorer, Firefox, and Safari display an image of a locked padlock on their status bar when connected to a secure site. Google Chrome shows a green locked padlock on the far left side of the status bar when there is a secure SSL connection. Firefox colors the address bar yellow when connected to a secure site. Secure transactions are also indicated when the prefix in the location bar of your browser switches from http:// or https://. The additional ‘s’ stands for ‘secure’ and indicates a secure connection to the BE website. If you do not see this padlock, if it is unlocked, or if the protocol in the location bar is not listed as https://, then any data exchanged with the website is potentially visible to others.
Depending on your browser, you may be able to view authentication information about a secure page by double-clicking on the padlock icon in the status bar. For more information on how your software establishes a secure connection, see the help files for your particular browser.
A cookie is a small text file that is sent to your browser from a website and stored on your computer’s hard drive. Cookies cannot read data from your hard disk or read cookie files that were created by other sites – the website that creates a cookie is the only one a browser will permit to access it.
HOW INFORMATION IS USED
The following are examples of how BE might use the personal information collected through the Website:
If you purchase BE classes or a package of classes, sign up for a BE class, or purchase BE retail items, the required personal information (similar to that provided during a telephone or mail order purchase) will be used to complete your order.
If you indicate that you are interested in receiving BE related news and information, you may receive emails to the email address you provided as part of the registration process.
Aggregate data could be analyzed to describe the collective characteristics and behaviors of online visitors, and subsequently be used to further optimize the effectiveness of the Website and the overall BE experience.
You can help BE maintain the accuracy of your personal information by updating your account. Please update this information when you change your address, phone number, or email address. BE will never share telephone numbers, email addresses, or any personal data with third parties.
BE reserves the right to refuse service, terminate accounts, remove or edit content, or cancel orders, at its sole discretion.
PRIVACY OF MINORS
If you are under 18, you may register and use the Website only with the involvement of a parent or guardian. BE does not accept the online registration of minors; please do not attempt to register on the Website if you are under the age of 18. Registration of a minor (ages 12-17) must be completed in person at one of our studios with a parent or guardian.
If BE discovers that personal information has been submitted by a minor without parent or guardian approval, BE reserves the right to delete such information. BE does not seek or share personal information from minors throughout the Website.
In order to make a reservation, you must first own a single class or a package of classes (multiple classes). To buy an individual class or package of classes online, you can either sign up on the Website by using your email and creating a password, or if you are already registered, click login to buy a package and make your reservation.
You should be aware that classes and packages expire, and future prices are subject to change. We accept MasterCard, Visa, and American Express. BE studio is a no-cash establishment.
Your credit/debit card will be charged for your order when you submit your reservation. BE will not process reservation charges that use an incorrect, expired, or over-the-limit credit card. We will make our best efforts to contact you if this occurs. If you fail to pay any fees or charges when due, services or privileges may be suspended or terminated. You shall be responsible and liable for any fees, including attorneys’ fees and collection costs, that BE may incur in its efforts to collect any unpaid balances from you.
In order to cancel a spot reserved in a BE class and return the class to your BE account, you must cancel within 5 hours of such class. If you haven’t cancelled within 5 hours of your class, the class will not be returned to your BE account, you will be charged for the class, and you will not be issued a refund.
You can cancel your reservation in the following way: 1) Log into your account and, next to the class you wish to cancel, press "unreserve." 2) Send an email to email@example.com to cancel the class for you. FOR PARTICIPANTS RUNNING LATE: The front desk will hold your spot in the class for up to 5 minutes after class begins. Participants who are more than 5 minutes late may not be admitted into class as it is too disruptive. FOR PARTICIPANTS LEAVING EARLY: If you’re planning on leaving early, we kindly request that you tell your meditation instructor ahead of time and sit in the back of the studio.
WAIVER AND RELEASE
By signing up for and/or attending classes, events, activities, and other programs and using the premises, facilities and equipment or any other location or venue where BE is providing services (individually or collectively, the “Classes” and “Facilities”), you hereby acknowledge on behalf of yourself, your heirs, personal representatives and/or assigns, that there are certain inherent risks and dangers in association with the Classes and Facilities. You acknowledge that some of these risks cannot be eliminated regardless of the care taken to avoid injuries. At all times, you shall comply with all stated and customary terms, posted safety signs, rules, and verbal instructions given to you by the staff. If in the subjective opinion of the BE staff, you would be at mental or physical risk participating in BE’s Classes, you understand and agree that you may be denied access to the Classes and Facilities, until you furnish an opinion letter from a medical doctor, at your sole cost and expense, specifically addressing BE’s concerns and stating that BE’s concerns are unfounded. In consideration of being allowed to participate in and access to the Classes and Facilities, you hereby (1) agree to assume full responsibility for any and all injuries or damage which are sustained or aggravated by you in relation to Classes and Facilities, (2) release, indemnify, and hold harmless BE and its officers, directors, members, employees, representatives, and agents, and each of their respective successors and assigns and all others, from any and all responsibility, claims, actions, suits, procedures, costs, expenses, damages, and liabilities to the fullest extent allowed by law arising out of or in any way related to participation in the Classes or use of the Facilities, and (3) represent that you (a) have no medical or physical condition that would prevent you from properly using any of BE’s Classes or Facilities, (b) do not have a physical or mental condition that would put you in any physical or medical danger, and (c) have not been instructed by a physician to not participate in meditation or similar classes.
LINKS/THIRD PARTY WEBSITES
BE has not reviewed all the sites linked to the Website, and is not responsible for the content or any off-site pages or other linked sites. Although a third party website and/or app may contain the BE logo, please understand that it is independent from BE, and that BE has no control over the content of that website and/or app.
Going to third party or off-site websites from the Website is at your own risk. These links do not imply endorsement of, sponsorship of, or affiliation with BE.
INTELLECTUAL PROPERTY RIGHTS
The trademarks and trade dress of BE are proprietary to BE and may not be used by you for any reasons other than as expressly permitted by these terms. All Website content, design, text, graphics, and interfaces; the collection, selection, and arrangement thereof; and all software are property of, or duly licensed to, BE. You have the right to view, electronically copy, and print in hard copy portions of the Website for the sole purpose of making class reservations, purchases, or other personal use.
Any other use of materials on the Website, including modification, distribution, or reproduction for purposes other than those noted above, without the prior written permission of BE, is strictly prohibited.
You acknowledge that BE and/or third party content providers remain the owners of all Website materials, and that you do not acquire any of those ownership rights by downloading, copying, or using any such material in accordance with these Terms. BE may discontinue or remove the Website, or any portion thereof, or discontinue your right to use the Website, or any portion thereof, at any time.
NOT AUTHORIZED TO PERFORM DATA MINING
You are not authorized without the prior written permission of BE to use any computer code, data mining software, "robot," "bot," "spider," "scraper" or other automatic device, or program, algorithm or methodology having similar processes or functionality, or any manual process, to monitor or copy any of the web pages, data or content found on this Website or accessed through this Website. You also may not engage in the mass downloading of files from this Website; use the computer processing power of this Website for purposes other than those permitted above; flood this site with electronic traffic designed to slow or stop its operation; or establish links to or from other websites to this Website.
NOT AUTHORIZED TO USE THIS WEBSITE FOR COMMERCIAL PURPOSES
Users are not authorized to sell, reproduce, distribute, modify, display, publicly perform, report or otherwise prepare derivative or second hand works based on any of BE’s material in any way for any public or commercial purpose. Thus, you are not authorized to (i) resell or make commercial use of this site or its contents; (ii) collect or use any product listings, descriptions, photographs or prices displayed on this Website in connection with the sale or resale of any BE products or for other commercial purposes; or (iii) create, reproduce and/or distribute any materials derived from the content provided on this Website. Furthermore, BE’s material may not be displayed or communicated on any other website and/or app, in a networked computer environment or other digital support for any purpose whatsoever. In the event of breach of any of these Terms, your permission to use BE’s material will automatically terminate and any copies made of BE’s material must be immediately destroyed.
Any unauthorized use of BE’s material may violate state and federal criminal laws, infringe copyright laws, trademark laws, the laws of privacy or publicity, and communication regulations and statutes.
YOU AGREE THAT YOUR USE OF THE WEBSITE SHALL BE AT YOUR OWN RISK. THE WEBSITE IS PROVIDED ON AN "AS IS," "AS AVAILABLE" BASIS. WITH REGARD TO THE WEBSITE, BE AND THE THIRD PARTY LICENSORS AND AGENTS MAKE NO WARRANTY REGARDING YOUR USE OR PERFORMANCE OF THE WEBSITE. BE HEREBY DISCLAIMS ALL EXPRESS OR IMPLIED REPRESENTATIONS, WARRANTIES, GUARANTIES AND CONDITIONS, INCLUDING, BUT NOT LIMITED TO, ANY IMPLIED REPRESENTATIONS, WARRANTIES, GUARANTIES AND CONDITIONS OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE AND NON-INFRINGEMENT, EXCEPT TO THE EXTENT THAT SUCH DISCLAIMERS ARE HELD TO BE LEGALLY INVALID. BE AND THE THIRD PARTY LICENSORS AND AGENTS DO NOT WARRANT WITH RESPECT TO THE PERFORMANCE OR RESULTS YOU MAY OBTAIN BY USING THE WEBSITE OR ANY MATERIALS ON THE WEBSITE. BE SHALL HAVE NO LIABILITY FOR ANY VIRUSES RELATED TO THE MATERIALS ON THE WEBSITE OR THE WEBSITE. WITHOUT LIMITING THE GENERALITY OF THE FOREGOING, BE AND THE THIRD PARTY LICENSOR AND AGENTS DO NO WARRANT THAT (A) THE MATERIALS ON THE WEBSITE AND THE WEBSITE WILL MEET YOUR REQUIREMENTS, (B) THE MATERIALS ON THE WEBSITE AND THE WEBSITE WILL OPERATE OR BE USABLE IN COMBINATION WITH OTHER HARDWARE, SOFTWARE, SYSTEMS OR DATA, (C) THE OPERATION OR USE OF THE WEBSITE OR THE MATERIALS ON THE WEBSITE WILL BE UNINTERRUPTED OR ERROR-FREE, OR (D) ANY PROGRAM ERRORS WILL BE CORRECTED. YOU ASSUME ALL RESPONSIBILITY FOR DETERMINING WHETHER THE MATERIALS ON THE WEBSITE ARE ACCURATE OR SUFFICIENT FOR YOUR PURPOSES. BE AND THE THIRD PARTY LICENSORS AND AGENTS SHALL HAVE NO LIABILITY OR RESPONSIBILITY FOR ANY PERSONAL INJURY OR PROPERTY DAMAGE, OF ANY NATURE WHATSOEVER, RESULTING FROM YOUR ACCESS TO THE WEBSITE AND/OR USE OF THE MATERIALS ON THE WEBSITE. BE AND THE THIRD PARTY LICENSORS AND AGENTS DO NOT MAKE ANY REPRESENTATIONS, WARRANTIES, GUARANTIES, OR CONDITIONS AS TO THE QUALITY, SUITABILITY, TRUTH, ACCURACY, OR COMPLETENESS OF THE MATERIALS CONTAINED ON THE WEBSITE.
LIMITATION OF LIABILITY
BE AND ANY THIRD PARTY LICENSEORS AND AGENTS SHALL NOT BE LIABLE FOR ANY DAMAGES SUFFERED AS A RESULT OF USING, MODIFYING, CONTRIBUTING, COPYING, DISTRIBUTING OR ACCESSING THE SITE OR THE MATERIALS, AS WELL AS FOR ANY DAMAGES SUFFERED AS A RESULT OF THE INABILITY TO USE THE SITE OR THE MATERIALS. IN NO EVENT SHALL BE OR ITS THIRD PARTY LICENSORS OR AGENTS BE LIABLE FOR ANY INDIRECT, PUNITIVE, SPECIAL, INCIDENTAL, OR CONSEQUENTIAL DAMAGES, HOWEVER ARISING, WHETHER IN AN ACTION OF CONTRACT, NEGLIGENCE OR OTHER TORTIOUS ACTION, ARISING OUT OF OR IN CONNECTION WITH THE USE OF THE WEBSITE MADE AVAILABLE FROM THE WEBSITE, EVEN IF BE HAS BEEN PREVIOUSLY ADVISED OF THE POSSIBILITY OF SUCH DAMAGE. YOU ACKNOWLEDGE AND AGREE THAT BE SHALL NOT BE LIABLE FOR THE DEFAMATORY, OFFENSIVE, OR ILLEGAL CONDUCT OF ANY THIRD PARTY AND THAT THE RISK OF HARM OR DAMAGE FROM THE FOREGOING RESTS ENTIRELY WITH YOU. AS A USER OF THE WEBSITE, YOUR SOLE REMEDY FOR DISSATISFACTION WITH THE WEBSITE IS TO STOP USING THE WEBSITE. THE FOREGOING LIMITATION OF LIABILITY SHALL APPLY TO THE FULLEST EXTENT PERMITTED IN THE APPLICABLE JURISDICTION.
You hereby agree to defend, indemnify and hold BE and any third party licensors and agents harmless from, and you covenant not to sue BE or any third party licensors and agents for, any claims, damages, obligations, losses, liabilities, costs or debt, and expenses (including, without limitation, attorneys’ fees) arising from or related to (a) your negligence, error, omission or willful misconduct, (b) your breach of any terms of these Terms, or (c) your use of the Website.
CHOICE OF LAW
The Website and your use hereof is governed by the laws of the State of New York, without regard to New York’s choice of law provisions. Any claim arising out of your use of this Website must be brought in New York.
Occasional changes may be made to this document as new services and content are added to the Website to reflect changes in BE’s policies. These Terms may be revised at any time by updating this posting. By using the Website, you agree to be bound by any such revisions. Users of the Website are encouraged to check this document periodically to stay informed of current privacy guidelines.
ACCEPTANCE OF TERMS
By using the Website, you signify your acceptance of these Terms. If you do not agree to this, please refrain from using the Website. Your continued use of the Website following the posting of changes to these Terms will indicate your acceptance of those changes.