Welcome!
The material appearing on this website https://gravityisatheory.com (this “Site”) is provided as information about Gravity is a Theory’s business, community, and people, and as a platform for online connection. The owner of this Site, Gravity is a Theory, and its directors, agents, employees and affiliates assume no responsibility or liability for any consequence resulting directly or indirectly from any action or inaction you take based on the information found on the Site or material linked to this Site.
Any information on this Site is provided for promotional or informational purposes only and is not to be relied upon as a professional opinion. By using this Site, you accept and agree that following and using any information or recommendation provided on this Site is at your own risk.
TERMS AND CONDITIONS
Please read the following carefully! Your access to and use of this Site is subject to legally binding terms and conditions, which you accept and agree to by accessing this Site. The following terms and conditions (“Terms and Conditions”) form a binding agreement (this “Agreement”) between you and Fae Saoirse, a Sole Proprietorship operating out of the State of Washington (“Gravity is a Theory”). Gravity is a Theory may modify, amend, supplement and replace these Terms and Conditions at any time without providing you with advance notice. Your continued use of this Site after any change means you have accepted the changed Terms and Conditions.
- Copyright. All materials created by Gravity is a Theory on the Site are protected by United States copyright laws as original works. The absence of a registered copyright symbol does not mean that such materials are not protected as belonging to Gravity is a Theory.
- Links to Third Party Websites. This Site may contain links to third-party websites. All such linked sites, materials and pages are not under the control of Gravity is a Theory, and Gravity is a Theory is not responsible for the content contained in any linked website nor for any losses or damages you may incur as a result of the use of any third party website. Gravity is a Theory accepts no liability for any errors or omissions contained in third-party websites. These links are provided to improve your use of this Site, enable you to connect with Gravity is a Theory on various platforms, help Gravity is a Theory offer the easiest services for you and conduct transactions.
- Use License. If Gravity is a Theory has materials on the Site that you can download, permission is granted to download copies of the materials for personal, non-commercial viewing only. This is the grant of a license, not a transfer of title, and under this license, you may not:
3.1. modify or copy the materials;
3.2. use the materials for any commercial purpose or for any public display (commercial or non-commercial);
3.3. transfer the materials to another person or “mirror” the materials on any other server. This license shall automatically terminate if you violate any of these restrictions and may be
terminated by Gravity is a Theory at any time. Upon terminating your viewing of these materials or upon the termination of this license, you must destroy any downloaded materials in your possession, whether in electronic or printed format. - Refunds. Our refund policy for any of the services or products sold on the Site is as follows: All sales are final.
- Disclaimer. Our goal is to share information in an informative, open, and honest way. That being said, any information and services provided on or through the Site are for informational and educational purposes only. What we share is the opinion and perspective of Gravity is a Theory. The information and education are not intended or implied to supplement or replace professional
advice. Before taking any action, please make sure you consult with a professional. - No Guarantees. We make no guarantees about any particular results or benefits that you’ll get from our Site, our products or our services. We will do everything to give you the tools to succeed, but we make no guarantees. We cannot be any clearer about this: we make no promises regarding results and make no guarantees whatsoever.
- Site Terms of Use Modifications. Gravity is a Theory may revise these Terms and Conditions for its Site at any time without notice. By continuing to use the Site after Gravity is a Theory modifies this Agreement, you are agreeing to be bound by the updated version of this Agreement.
- Limitation of Liability. In no event shall Gravity is a Theory or its affiliates be liable for any damages (including, without limitation, damages for loss of data or profit or due to business interruption) arising out of the use or inability to view or use the materials or content on the Site, even if Gravity is a Theory has been notified orally or in writing of the possibility of such damage.
- Choice of Laws and Venue. The parties agree to irrevocably submit all claims relating to Gravity is a Theory’s Site to the exclusive jurisdiction of the courts of the State of Washington without regard to its conflict of law provisions.
- Indemnity. As a condition of your use of this Site, you indemnify Gravity is a Theory and its directors and affiliates from and against any and all liabilities, expenses (including legal fees) and damages arising out of claims resulting or arising from your use of this Site.
- Entire Agreement. These Terms and Conditions and any other legal notices, policies and guidelines of Gravity is a Theory linked to these Terms and Conditions or contained on this Site constitute the entire agreement between you and Gravity is a Theory relating to your use of this Site and supersede any prior understandings or agreements (whether oral or written), claims, representations, and understandings of the parties regarding such subject matter. This Agreement may not be amended or modified except by Gravity is a Theory. If, for any reason, a court of competent jurisdiction finds any provision or portion of these Terms and Conditions to be unenforceable, that portion or provision shall be enforced to the maximum extent permissible so as to effectuate the intent of the parties as reflected by that provision, and the remainder of these
Terms and Conditions shall continue in full force and effect. Failure by Gravity is a Theory to enforce or exercise any provision of these Terms and Conditions shall not constitute a waiver of that right. Paragraph headings are for reference only.
ONLINE COURSE AGREEMENT
Why You’re Reading This Document
We only communicate one way – openly and honestly. This online course agreement (the “Agreement”) outlines our mutual expectations and the terms and conditions for participating in our online courses. If there is anything you are uncomfortable with, please let us know – we want to make sure we are on the same page moving forward.
By signing up for our online course program, you agree to be bound by the following conditions.
- Parties. This Agreement is made between Fae Saoirse, a Sole Proprietorship operating out of the State of Washington (“Gravity is a Theory”, “we”, “our”, and “us”) and you, the undersigned (electronically or by hand) or person who has clicked “I Agree” to this Agreement (“you” and “your”).
- The Course. Gravity is a Theory provides you with the empowering and embodying online course that you are purchasing, as per this Agreement (collectively the “Online Course”). The Online Course includes:
2.1. Circus, movement and wellness.
2.2. Aerial flows in silks and slings.
2.3. Circus poses and transitions, ranging from beginner to advanced levels.
2.4. Conditioning to gain strength, flexibility and endurance towards desired advancements in practice using
everyday objects, bands and/or silks.
2.5. Pre-recorded short videos, full-hour classes, and four-week courses towards specific goals. - Term and Termination. This Agreement will be binding upon your payment for the Online Course. Once purchased online, you will receive access to the Online Course. You will have access to the Online Course for the duration of your membership, to use in your own time and at your own discretion! Individual Classes are forfeited when membership ends, and prepaid series membership ends when the last class is utilized. Please note that if you violate any of the terms of this Agreement, Gravity is a Theory may terminate this Agreement effective immediately, and you will not be entitled to any refunds or any continued working relationship with Gravity is a Theory.
- Payment. Payment of the Online Course is due upon completed purchase of the Online Course. You agree to pay the price, including the possibility of payments in installments or recurring subscriptions, of the Online Course as advertised through our media and website. All prices and payment costs are in USD.
- Recurring Subscriptions. If your method of payment includes an auto renewal feature (“Recurring Subscription”), you authorize Gravity is a Theory to maintain your account information and charge that account automatically upon the renewal of the Online Course with no further action required by you.
- Refunds. Our refund policy is as follows: All sales are final. Courses are non-refundable and non-transferable.
- Payment Failure. In the event that your payment fails, you will not be able to access any of the information or content of the Online Course. In the event of three failed payments, you understand that Gravity is a Theory may contract a collection agency to collect the money from you.
- Breaking Payment Plans. In the event that you break our agreed-upon payment plan, you will be charged 10% of the total course price for every month that you either pause or discontinue your payment plan.
- Individual Login Access. Any passwords and user IDs used to access the Online Course as part of this Agreement are for your individual use only. You are responsible for the security of your password and user ID and for all activities that occur under your user ID and password. You agree to notify us or the third-party operator immediately of any unauthorized use of your password or account or any other breach of security. Gravity is a Theory will be entitled to monitor passwords and user IDs and, at its discretion, require you to
change passwords. You further agree that Gravity is a Theory will not be responsible for the unauthorized use of your profile by any other person and is under no obligation to confirm the actual identity of any password or user ID. Gravity is a Theory cannot and will not be liable for any loss or damage arising from your failure to
comply with these provisions. Should you violate this provision or any other provision in this Agreement, Gravity is a Theory reserves the right to immediately revoke your access to the Online Course and block your access to the website or online program without providing any refund. - Your Conduct. You are solely responsible for all videos, images, information, or other data that you upload, publish, or otherwise use via the Online Course. Gravity is a Theory reserves the right to remove any kind of offensive or inappropriate content from the Online Course and to suspend or terminate your access to the Online Course in such an event.
- Interactions in the Course. You are responsible for your own actions and interactions with any other user in connection with the Online Course. Gravity is a Theory will have no liability or responsibility in this regard; however, we reserve the right but have no obligation, to become involved in any way with disputes between you and any other users.
- No Guarantees. As this is an independent study arrangement, it is up to you what you get out of the Online Course. No guarantees can be made for the results of this program.
- Ownership of Intellectual Property. All materials provided in connection with this Agreement, including without limitation, written or printed documents, photographs, audio and video recordings and software programs, and all copies and derivative works relating thereto (the “Course Materials”), are and will remain
the sole and exclusive property of Gravity is a Theory. You have a limited, non-exclusive right to use the Course Materials to the extent necessary to complete the Online Course. An example of something you are not allowed to do with the Course Materials would be to create a photocopy or reproduce the Course Materials and give it to a friend or sell it to someone. Another example would be to use the Course Materials to create your own online program or to provide them to someone else who intends to do so. - Loss of Access. Gravity is a Theory retains the right to revoke your access to the Online Course and any Course Materials in the event that you do not make your payments, steal any of our intellectual property, or engage in inappropriate or offensive conduct. Access suspension due to non-payment will be restored once you pay your full amount owed.
- Third Parties. You are prohibited from sharing any information that you receive through the Online Course with any third parties without our consent. In the event that you do share any information regarding the Online Course, Gravity is a Theory will exercise our full legal rights to remedy the situation.
- Limitation of Liability. Gravity is a Theory makes no representations or warranties of any kind, express or implied, with respect to the Online Course or Course Materials, including, without limitation, any warranty, fitness for a particular purpose, title or non-infringement of third-party rights, and Gravity is a Theory hereby expressly disclaims the same.
16.1. In no event will Gravity is a Theory be liable for special, incidental, indirect or consequential damages (including, without limitation, lost profits or revenues) or other liability arising out of or in connection with this Agreement, regardless of the form of action, whether or not Gravity is a Theory has been advised, or otherwise might have anticipated the possibility of such damages. - General Indemnity. You hereby fully indemnify Gravity is a Theory and any of its members, directors, officers, employees, contractors, volunteers, agents, executors, administrators, successors, family members and assigns (the “Indemnified Parties”) and save harmless the Indemnified Parties from any losses, claims, damages, actions, causes of action, costs and expenses that an Indemnified Party may sustain, incur or suffer at any time, which are based upon, arise out of or occur, directly or indirectly, by reason of any act or omission by you in your use of the Online Course, provided that where Gravity is a Theory has contributed to such liability by its own negligent conduct, your indemnity obligation will be limited proportionately.
- Waiver. Before you participate in our Online Course, you must sign our Waiver Agreement form if we send it to you. Please read it and make sure you understand it. You need to sign that form as well as this Agreement so that we can be absolutely sure you understand and agree to it.
- Arbitration. Any controversy or claim arising out of or relating to this Agreement or the breach of this agreement shall be settled exclusively by arbitration. You also agree that should arbitration take place, it will be exclusive to the courts of the State of Washington or such other arbitrator mutually agreed upon by the
parties. The arbitrator’s decision shall be final and binding on both parties and enforceable in any court of competent jurisdiction. The costs of the arbitration shall be borne by the losing party. The arbitration award shall be final and binding upon the parties, and the parties hereby waive any rights to appeal or challenge the award to the extent permitted by applicable law. This arbitration clause shall survive the termination or expiration of this contract. - Standard Legal Things. Choice of Laws and Venue. This Waiver will be governed exclusively by the laws of the State of Washington. The parties agree to irrevocably submit all claims to the exclusive jurisdiction of the courts of the State of Washington. Severability. If any provisions of this Agreement are invalid or unenforceable, the other provisions in the Agreement will remain in full force and effect. Entire Agreement. This Agreement constitutes the entire Agreement between the parties and replaces any prior agreements. Waiver of Breach. The waiver by Gravity is a Theory of any breach by you of any provision of this Agreement will not be taken to be a waiver of any further breaches by you. Notice. For the purpose of this Agreement, e-mail or text will suffice for written notice when required as set out above. Headings. The headings used in this Agreement are for stylistic purposes only, and none of the content in the headings is intended to be legally binding. Counterparts. This agreement may be signed in any number of counterparts, each of which is an original and all of which, taken together, constitute one single document. Online Agreement. We agree that this Agreement may be signed electronically or agreed to by having you click “I Agree”, the effect of which will be the same as if we signed the Agreement by hand and the intention of which is that both parties desire to be bound by all the terms of the Agreement.
