Effective Nov 2021
General; Use of this Site
These terms and conditions set forth in this website (“this site”) and any related mobile applications (“Apps”) constitute an agreement (“this agreement”) between you (“you” or “Customer”) and BigToe Pose, Inc. (“we” or “BigToe”). This agreement governs your access to and use of www.bigtoe.yoga and any BigToe software, Apps and services (collectively the “Services”).
We reserve the right to change the terms and conditions of this agreement or to modify or discontinue the Services offered by us at any time. Those changes will go into effect on the effective date shown in any revised agreement. If we change this agreement, we will give you notice by posting the revised agreement on the applicable website(s) or app(s) and/or by sending an email notice to you using the contact information provided by you. Therefore, you agree to keep your contact information up-to-date and that notice sent to the last email address you provided shall be considered effective. We also encourage you to check this agreement from time to time to see if it has been updated.
We may require you to affirmatively acknowledge the updated agreement before further use of the Services is permitted. However, by continuing to use any Services after the effective date of any modifications to this agreement, you agree to be bound by such changes. If the modified terms are not acceptable to you, please cease using the Services.
Description of Services
Customer hereby acknowledges and understands that providers of the Services are highly trained, certified and licensed (where applicable under relevant state law) and specialize in massage therapy, yoga and related health and wellness techniques, as applicable. BigToe does not tolerate any requests deemed sexual or inappropriate in nature. Any customer reported for inappropriate behavior will be immediately removed from the Services.
Customer further acknowledges that providers of the Services have agreed with BigToe not to circumvent BigToe by contracting directly with customers initiated through the BigToe online platform. By using the Services, Customer also agrees not to contact providers other than through the BigToe online platform.
Release of, and Limitation of, Liability
YOU UNDERSTAND AND AGREE THAT BIGTOE HAS NO CONTROL OVER THE CONDUCT OF MASSAGE THERAPISTS OR YOGA INSTRUCTORS, AND IS NOT RESPONSIBLE OR LIABLE FOR ANY OF THEIR ACTS, ERRORS OR OMISSIONS.
Customer hereby knowingly and voluntarily enters into this waiver and release of liability and hereby waives any and all rights, claims or causes of action of any kind whatsoever arising out of Customer’s use of the Services and does hereby release and forever discharge BigToe, and its affiliates, managers, members, agents, attorneys, staff, volunteers, heirs, representatives, predecessors, successors and assigns, for any physical or psychological injury, including but not limited to illness, paralysis, death, damages, economical or emotional loss, that Customer may suffer in connection with Customer’s use of the Services.
You further agree to indemnify and hold harmless BigToe against any and all claims, suits or actions of any kind whatsoever for liability, damages, compensation or otherwise brought by you or anyone on your behalf, including attorney's fees and any related costs, if litigation arises pursuant to any claims made by you or anyone else acting on your behalf.
In the event that you should require medical care or treatment, you agree to be financially responsible for any costs incurred as a result of such treatment. You are aware and understand that you are responsible for obtaining and maintaining health care insurance.
BIGTOE DOES NOT MAKE ANY REPRESENTATIONS, CONDITIONS OR WARRANTIES, EXPRESS OR IMPLIED, INCLUDING WITHOUT LIMITATION, WARRANTIES OF MERCHANTABILITY, SATISFACTORY QUALITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE, COMPATIBILITY, SECURITY, ACCURACY, NON-INFRINGEMENT, OR USEFULNESS WITH RESPECT TO THE SERVICES. WE MAKE NO WARRANTY, REPRESENTATION OR CONDITION THAT: (1) THE SERVICES WILL MEET YOUR REQUIREMENTS; (2) THE INFORMATION, CONTENT, AND DATA ON THE SERVICES ARE ACCURATE; (3) YOUR USE OF THE SERVICES WILL BE UNINTERRUPTED, TIMELY, SECURE OR ERROR-FREE; OR (4) ANY ERRORS IN THE SERVICES WILL BE CORRECTED.
YOU ACKNOWLEDGE THAT THIS SITE AND ANY RELATED APPS HAVE NOT BEEN DEVELOPED TO MEET YOUR INDIVIDUAL REQUIREMENTS, AND THAT IT IS THEREFORE YOUR RESPONSIBILITY TO ENSURE THAT THE FACILITIES AND FUNCTIONS OF THE SITES AND APPS MEET YOUR REQUIREMENTS.
THE AGGREGATE LIABILITY OF BIGTOE AND ITS AFFILIATES TO YOU FOR ALL CLAIMS ARISING FROM OR RELATING TO THIS AGREEMENT OR YOUR USE OF THE SERVICES, ANY CAUSE OF ACTION ARISING IN CONTRACT, TORT, OR STRICT LIABILITY, WILL NOT EXCEED THE GREATER OF: (A) THE TOTAL AMOUNT RECEIVED BY BIGTOE FROM YOU DURING THE THREE-MONTH PERIOD PRIOR TO THE ACT, OMISSION OR OCCURRENCE GIVING RISE TO SUCH LIABILITY, OR (B) $250.
The laws of certain jurisdictions do not allow for the exclusion or limitation of legal warranties, liability or certain damages or limits of representations. If these laws apply to you, then you may have additional rights.
Intellectual Property Protection
All right, title, and interest in the Services, including the content of this site, are and will remain the property of BigToe. This includes, without limitation, non-personally identifiable aggregate data collected by BigToe in connection with providing the Services, including usage statistics and traffic patterns. Subject to this agreement, BigToe grants you a limited license to use the Services in accordance with the terms hereof.
This site and any Apps may not be used, displayed, copied, reproduced, distributed, republished, uploaded, downloaded, posted, transmitted, mirrored or modified. You agree not to redistribute, sell, translate, modify, reverse-engineer or reverse-compile or decompile, disassemble or make derivative works of this site, any Apps or any content or components that are available on this site or any related Apps.
You further agree not to interfere or take action that results in interference with or disruption of this site or any related Apps or servers or networks connected to this site or any Apps.
If you elect to post, upload, publish, submit or transmit certain content, including without limitation, photographs or other visual likenesses of you, then you are deemed to have granted to BigToe a non-exclusive, fully sublicenseable right to use such materials to provide the Services, promote the Services and improve the Services. If you do not want to grant us permission to use such materials in accordance with this agreement, please do not post, upload, publish, submit or transmit them.
This site or any related Apps may contain links to third-party websites and services, and/or display advertisements for third parties (collectively, “Third-Party Links & Ads”). These links are provided for your information and convenience only. We have no control over the contents of those sites or resources. BigToe does not review, approve, endorse or make any promises with respect to Third-Party Links & Ads. You use any Third-Party Links & Ads at your own risk. When you click on any of the Third-Party Links & Ads, the applicable third party’s terms and policies apply, and not this agreement.
When you download our Apps, you may do so through a third party’s App Store. You acknowledge that the terms of this agreement are between you and us and not with the owner or operator of the App Store.
Governing Law; Venue
This agreement and the rights and obligations of the parties hereunder and thereunder shall be interpreted and construed in accordance with, under, and governed by, the laws of the [Commonwealth of Pennsylvania]. The parties agree that any litigation directly or indirectly relating to the Services must be brought before and determined by a court of competent jurisdiction within [Philadelphia County, Pennsylvania], and the parties hereby agree to waive any rights to object to, and hereby agree to submit to, the jurisdiction of such courts.
In the event that any provision contained within this agreement shall be deemed to be severable or invalid, or if any term, condition, phrase or portion of this agreement shall be determined to be unlawful or otherwise unenforceable, the remainder of this agreement shall remain in full force and effect, so long as the clause severed does not affect the intent of the parties. If a court should find that any provision of this agreement to be invalid or unenforceable, but that by limiting said provision it would become valid and enforceable, then said provision shall be deemed to be written, construed and enforced as so limited.
This agreement, and your rights and obligations hereunder, may not be assigned, subcontracted, delegated or otherwise transferred by you without BigToe’s prior written consent, and any attempted assignment, subcontract, delegation, or transfer in violation of the foregoing will be null and void. We may assign or transfer our rights and obligations under these Terms to another company or organization – for example, this could include another member of our group of companies or someone who buys our business. We will notify our active Users in writing if this happens.
The Services are controlled and offered by BigToe from its facilities in the United States of America. BigToe makes no representations that the Services are appropriate or available for use in other locations. Those who access or use the Services from other countries do so at their own volition and are responsible for compliance with local law.
BigToe shall not be liable for any delay or failure to perform resulting from causes outside its reasonable control, including, but not limited to, acts of God, power or Internet outage, war, pandemics, terrorism, riots, embargos, acts of civil or military authorities, fire, floods, accidents, strikes or shortages of transportation facilities, fuel, energy, labor or materials.
This agreement is the final, complete and exclusive agreement of the parties with respect to the subject matter hereof and supersedes and merges all prior discussions between the parties with respect to such subject matter.