Terms and Conditions
Agreement between User and cultivatinginnerchi.com
Welcome to cultivatinginnerchi.com. The cultivatinginnerchi.com website (the "Site") is
comprised of various web pages operated by Cultivating InnerChi. cultivatinginnerchi.com is
offered to you conditioned on your acceptance without modification of the terms, conditions, and
notices contained herein (the "Terms"). Your use of cultivatinginnerchi.com constitutes your
agreement to all such Terms. Please read these terms carefully, and keep a copy of them for your
reference.
cultivatinginnerchi.com is a health and wellness Site.
This site provides information about Qigong and T'ai Chi classes offered in Montgomery County
MD
Privacy
Your use of cultivatinginnerchi.com is subject to Cultivating InnerChi's Privacy Policy. Please
review our Privacy Policy, which also governs the Site and informs users of our data collection
practices.
Electronic Communications
Visiting cultivatinginnerchi.com or sending emails to Cultivating InnerChi constitutes electronic
communications. You consent to receive electronic communications and you agree that all
agreements, notices, disclosures and other communications that we provide to you electronically,
via email and on the Site, satisfy any legal requirement that such communications be in writing.
Children Under Thirteen
Cultivating InnerChi does not knowingly collect, either online or offline, personal information
from persons under the age of thirteen. If you are under 18, you may use cultivatinginnerchi.com
only with permission of a parent or guardian.
Links to Third Party Sites/Third Party Services
cultivatinginnerchi.com may contain links to other websites ("Linked Sites"). The Linked Sites
are not under the control of Cultivating InnerChi and Cultivating InnerChi is not responsible for
the contents of any Linked Site, including without limitation any link contained in a Linked Site,
or any changes or updates to a Linked Site. Cultivating InnerChi is providing these links to you
only as a convenience, and the inclusion of any link does not imply endorsement by Cultivating
InnerChi of the site or any association with its operators.
Certain services made available via cultivatinginnerchi.com are delivered by third party sites and
organizations. By using any product, service or functionality originating from the
cultivatinginnerchi.com domain, you hereby acknowledge and consent that Cultivating InnerChi
may share such information and data with any third party with whom Cultivating InnerChi has a
contractual relationship to provide the requested product, service or functionality on behalf of
cultivatinginnerchi.com users and customers.
No Unlawful or Prohibited Use/Intellectual Property
You are granted a non-exclusive, non-transferable, revocable license to access and use
cultivatinginnerchi.com strictly in accordance with these terms of use. As a condition of your use
of the Site, you warrant to Cultivating InnerChi that you will not use the Site for any purpose that
is unlawful or prohibited by these Terms. You may not use the Site in any manner which could
damage, disable, overburden, or impair the Site or interfere with any other party's use and
enjoyment of the Site. You may not obtain or attempt to obtain any materials or information
through any means not intentionally made available or provided for through the Site.
All content included as part of the Service, such as text, graphics, logos, images, as well as the
compilation thereof, and any software used on the Site, is the property of Cultivating InnerChi or
its suppliers and protected by copyright and other laws that protect intellectual property and
proprietary rights. You agree to observe and abide by all copyright and other proprietary notices,
legends or other restrictions contained in any such content and will not make any changes
thereto.
You will not modify, publish, transmit, reverse engineer, participate in the transfer or sale, create
derivative works, or in any way exploit any of the content, in whole or in part, found on the Site.
Cultivating InnerChi content is not for resale. Your use of the Site does not entitle you to make
any unauthorized use of any protected content, and in particular you will not delete or alter any
proprietary rights or attribution notices in any content. You will use protected content solely for
your personal use, and will make no other use of the content without the express written
permission of Cultivating InnerChi and the copyright owner. You agree that you do not acquire
any ownership rights in any protected content. We do not grant you any licenses, express or
implied, to the intellectual property of Cultivating InnerChi or our licensors except as expressly
authorized by these Terms.
International Users
The Service is controlled, operated and administered by Cultivating InnerChi from our offices
within the USA. If you access the Service from a location outside the USA, you are responsible
for compliance with all local laws. You agree that you will not use the Cultivating InnerChi
Content accessed through cultivatinginnerchi.com in any country or in any manner prohibited by
any applicable laws, restrictions or regulations.
Indemnification
You agree to indemnify, defend and hold harmless Cultivating InnerChi, its officers, directors,
employees, agents and third parties, for any losses, costs, liabilities and expenses (including
reasonable attorney's fees) relating to or arising out of your use of or inability to use the Site or
services, any user postings made by you, your violation of any terms of this Agreement or your
violation of any rights of a third party, or your violation of any applicable laws, rules or
regulations. Cultivating InnerChi reserves the right, at its own cost, to assume the exclusive
defense and control of any matter otherwise subject to indemnification by you, in which event
you will fully cooperate with Cultivating InnerChi in asserting any available defenses.
Arbitration
In the event the parties are not able to resolve any dispute between them arising out of or
concerning these Terms and Conditions, or any provisions hereof, whether in contract, tort, or
otherwise at law or in equity for damages or any other relief, then such dispute shall be resolved
only by final and binding arbitration pursuant to the Federal Arbitration Act, conducted by a
single neutral arbitrator and administered by the American Arbitration Association, or a similar
arbitration service selected by the parties, in a location mutually agreed upon by the parties. The
arbitrator's award shall be final, and judgment may be entered upon it in any court having
jurisdiction. In the event that any legal or equitable action, proceeding or arbitration arises out of
or concerns these Terms and Conditions, the prevailing party shall be entitled to recover its costs
and reasonable attorney's fees. The parties agree to arbitrate all disputes and claims in regards to
these Terms and Conditions or any disputes arising as a result of these Terms and Conditions,
whether directly or indirectly, including Tort claims that are a result of these Terms and
Conditions. The parties agree that the Federal Arbitration Act governs the interpretation and
enforcement of this provision. The entire dispute, including the scope and enforceability of this
arbitration provision shall be determined by the Arbitrator. This arbitration provision shall
survive the termination of these Terms and Conditions.
Class Action Waiver
Any arbitration under these Terms and Conditions will take place on an individual basis; class
arbitrations and class/representative/collective actions are not permitted. THE PARTIES AGREE
THAT A PARTY MAY BRING CLAIMS AGAINST THE OTHER ONLY IN EACH'S
INDIVIDUAL CAPACITY, AND NOT AS A PLAINTIFF OR CLASS MEMBER IN ANY
PUTATIVE CLASS, COLLECTIVE AND/ OR REPRESENTATIVE PROCEEDING, SUCH
AS IN THE FORM OF A PRIVATE ATTORNEY GENERAL ACTION AGAINST THE
OTHER. Further, unless both you and Cultivating InnerChi agree otherwise, the arbitrator may
not consolidate more than one person's claims, and may not otherwise preside over any form of a
representative or class proceeding.
Liability Disclaimer
THE INFORMATION, SOFTWARE, PRODUCTS, AND SERVICES INCLUDED IN OR
AVAILABLE THROUGH THE SITE MAY INCLUDE INACCURACIES OR
TYPOGRAPHICAL ERRORS. CHANGES ARE PERIODICALLY ADDED TO THE
INFORMATION HEREIN. CULTIVATING INNERCHI AND/OR ITS SUPPLIERS MAY
MAKE IMPROVEMENTS AND/OR CHANGES IN THE SITE AT ANY TIME.
CULTIVATING INNERCHI AND/OR ITS SUPPLIERS MAKE NO REPRESENTATIONS
ABOUT THE SUITABILITY, RELIABILITY, AVAILABILITY, TIMELINESS, AND
ACCURACY OF THE INFORMATION, SOFTWARE, PRODUCTS, SERVICES AND
RELATED GRAPHICS CONTAINED ON THE SITE FOR ANY PURPOSE. TO THE
MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, ALL SUCH INFORMATION,
SOFTWARE, PRODUCTS, SERVICES AND RELATED GRAPHICS ARE PROVIDED "AS
IS" WITHOUT WARRANTY OR CONDITION OF ANY KIND. CULTIVATING INNERCHI
AND/OR ITS SUPPLIERS HEREBY DISCLAIM ALL WARRANTIES AND CONDITIONS
WITH REGARD TO THIS INFORMATION, SOFTWARE, PRODUCTS, SERVICES AND
RELATED GRAPHICS, INCLUDING ALL IMPLIED WARRANTIES OR CONDITIONS OF
MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE AND NON-
INFRINGEMENT.
TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, IN NO EVENT
SHALL CULTIVATING INNERCHI AND/OR ITS SUPPLIERS BE LIABLE FOR ANY
DIRECT, INDIRECT, PUNITIVE, INCIDENTAL, SPECIAL, CONSEQUENTIAL
DAMAGES OR ANY DAMAGES WHATSOEVER INCLUDING, WITHOUT LIMITATION,
DAMAGES FOR LOSS OF USE, DATA OR PROFITS, ARISING OUT OF OR IN ANY
WAY CONNECTED WITH THE USE OR PERFORMANCE OF THE SITE, WITH THE
DELAY OR INABILITY TO USE THE SITE OR RELATED SERVICES, THE PROVISION
OF OR FAILURE TO PROVIDE SERVICES, OR FOR ANY INFORMATION, SOFTWARE,
PRODUCTS, SERVICES AND RELATED GRAPHICS OBTAINED THROUGH THE SITE,
OR OTHERWISE ARISING OUT OF THE USE OF THE SITE, WHETHER BASED ON
CONTRACT, TORT, NEGLIGENCE, STRICT LIABILITY OR OTHERWISE, EVEN IF
CULTIVATING INNERCHI OR ANY OF ITS SUPPLIERS HAS BEEN ADVISED OF THE
POSSIBILITY OF DAMAGES. BECAUSE SOME STATES/JURISDICTIONS DO NOT
ALLOW THE EXCLUSION OR LIMITATION OF LIABILITY FOR CONSEQUENTIAL OR
INCIDENTAL DAMAGES, THE ABOVE LIMITATION MAY NOT APPLY TO YOU. IF
YOU ARE DISSATISFIED WITH ANY PORTION OF THE SITE, OR WITH ANY OF
THESE TERMS OF USE, YOUR SOLE AND EXCLUSIVE REMEDY IS TO DISCONTINUE
USING THE SITE.
Termination/Access Restriction
Cultivating InnerChi reserves the right, in its sole discretion, to terminate your access to the Site
and the related services or any portion thereof at any time, without notice. To the maximum
extent permitted by law, this agreement is governed by the laws of the State of Maryland and you
hereby consent to the exclusive jurisdiction and venue of courts in Maryland in all disputes
arising out of or relating to the use of the Site. Use of the Site is unauthorized in any jurisdiction
that does not give effect to all provisions of these Terms, including, without limitation, this
section.
You agree that no joint venture, partnership, employment, or agency relationship exists between
you and Cultivating InnerChi as a result of this agreement or use of the Site. Cultivating
InnerChi's performance of this agreement is subject to existing laws and legal process, and
nothing contained in this agreement is in derogation of Cultivating InnerChi's right to comply
with governmental, court and law enforcement requests or requirements relating to your use of
the Site or information provided to or gathered by Cultivating InnerChi with respect to such use.
If any part of this agreement is determined to be invalid or unenforceable pursuant to applicable
law including, but not limited to, the warranty disclaimers and liability limitations set forth
above, then the invalid or unenforceable provision will be deemed superseded by a valid,
enforceable provision that most closely matches the intent of the original provision and the
remainder of the agreement shall continue in effect.
Unless otherwise specified herein, this agreement constitutes the entire agreement between the
user and Cultivating InnerChi with respect to the Site and it supersedes all prior or
contemporaneous communications and proposals, whether electronic, oral or written, between
the user and Cultivating InnerChi with respect to the Site. A printed version of this agreement
and of any notice given in electronic form shall be admissible in judicial or administrative
proceedings based upon or relating to this agreement to the same extent and subject to the same
conditions as other business documents and records originally generated and maintained in
printed form. It is the express wish to the parties that this agreement and all related documents be
written in English.
Changes to Terms
Cultivating InnerChi reserves the right, in its sole discretion, to change the Terms under which
cultivatinginnerchi.com is offered. The most current version of the Terms will supersede all
previous versions. Cultivating InnerChi encourages you to periodically review the Terms to stay
informed of our updates.
Contact Us
Cultivating InnerChi welcomes your questions or comments regarding the Terms:
Email Address:
nancy@cultivatinginnerchi.com
Effective as of March 03, 2025