Terms of Service

Updated December 2, 2020

THESE TERMS REQUIRE ARBITRATION OF DISPUTES AND WAIVER OF JURY TRIAL AND CLASS ACTION LAWSUITS, AND LIMIT ALIVE WITH DANI'S LIABILITY IN A DISPUTE.            

Welcome to the Alive with Dani website and thank you for using the services offered by Alive with Dani, LLC (”Alive with Dani,” “we,” or “us”). The following terms and conditions, together with any documents expressly incorporated by reference (collectively, “Terms of Use”), govern your access to and use of www.alivewithdani.com (the “Website”), the Alive with Dani social media pages including Facebook and Instagram (“the Socials”), and the Alive with Dani Community Platform (collectively, the “Sites”), including any content, classes, resources, and services offered on or through the Sites, whether as a guest, registered user or Alive with Dani Community Member.

Table of Contents:

  1. Acceptance of the Terms 

  2. Class and Event Purchase and Attendance

  3. Community Member Terms and Conditions

  4. COVID-19 Terms and Conditions

  5. User Generated Content and Community Guidelines

  6. Communications with You

  7. Updates and Changes

  8. Third Parties and Links from the Sites

  9. Intellectual Property

  10. Inaccuracy Disclaimer

  11. Security

  12. Governing Law

  13. Arbitration and Jury Trial Waiver

  14. Disclaimer of Warranties

  15. Limitation of Liability

  16. Indemnification and Remedies

  17. Your Information and Privacy

  18. Notice Required by California Law

  19. Accessibility

  20. General Conditions

  21. How to Contact Us 

1. Acceptance of the Terms 

Please carefully read the Terms of Use before you start to use the Sites. By using the Sites or by making a purchase through the Website, you accept and agree to be bound and abide by these Terms of Use and our Privacy Policy, which is incorporated herein by reference. If you do not agree to these Terms of Use or the Privacy Policy, you must not access or use the Sites.

The Sites are offered and available to persons who are 18 years of age or older and reside in the United States. By using the Sites, you represent and warrant that you meet both of these eligibility requirements. If you do not meet all of these requirements, you must not access or use the Sites.

2. Class Purchase and Attendance

Alive with Dani classes, events, retreats, resources and activities are available for purchase on the Website and accessible in different forms, including online programs, live recordings, on-demand videos, and the Alive with Dani community channels, in addition to virtual and in-person classes, events, and retreats organized by Alive with Dani, LLC (collectively, the “Practices”).

Alive with Dani offers classes for purchase through single class passes, 5-class packs and 10-class packs. We also offer unlimited classes through monthly, quarterly, or annual membership in the Alive with Dani Community. From time to time, we may also make the Practices available to you on a promotional basis, subject to such additional terms or conditions are applicable to that promotion or offering. You acknowledge and agree that not all of the Practices may be available for purchase or accessible to you if you are not a registered and active member of the Alive with Dani Community participating in a monthly, quarterly, or annual subscription. Your purchase of any of the Practices offered by Alive with Dani, including but not limited to single class passes, 5-class pack, 10-class pack, and/or monthly, quarterly, or an annual membership, is nonrefundable unless otherwise required by applicable law. The expiration date and deadline for use of the 5-class pack and 10-class pack is one year from the date of purchase. Your purchase is specific to you, and cannot be assigned or transferred to anyone else. 

You authorize Alive with Dani and its third-party payment processor, Arketa, to charge your debit or credit card for the price of your single class pass, 5-class pack and/or 10-class pack, including any other fees and charges as and when incurred by you in connection to the Practices offered by Alive with Dani at the time of your purchase.

Registering for Class: To purchase and participate in any class, you must have a registered and active account on the Website. If you do not have an account, you can register and create one for free at https://alivewithdani.com/schedule. Creating an account involves providing a valid email address, acknowledging and completing a waiver and liability release form, and acknowledging any additional terms as provided by Alive with Dani’s third party hosting sites. 

Participating in Class: To attend any class, you must purchase a single class, 5-class pack, 10-class pack, or be an Alive with Dani Community Member (“Community Member”). For virtual classes, you must also reserve your spot and provide confirmation of your attendance at least one minute before class is scheduled to begin. Following purchase and class reservation, you will receive a confirmation email that includes the link to join class thirty minutes before the class is scheduled to begin. Participation in any Alive with Dani class or event is subject to capacity restrictions and availability, and your attendance constitutes your acknowledgement and acceptance of our Liability Waiver. 

In-person classes may involve the use of silent disco headphones or other accessories that are the property of Alive with Dani. You acknowledge and agree that you are responsible for any property loss or damage that you cause in connection to your attendance or participation in class. You further acknowledge that in-person classes may require that you complete additional agreements, documents, waivers or releases, and you agree to abide by all applicable laws, regulations and/or rules.

Alive with Dani Cancellation and Refund Policy: For those classes that are live, Alive with Dani reserves the right to cancel and/or reschedule classes for personal, technical or other issues. Previously recorded classes that are available on-demand are only accessible to Alive with Dani Community Members, and we reserve the right to modify and/or remove on-demand content without notice or liability. Alive with Dani does not provide refunds or credits for any missed or cancelled Practices, including live and pre-recorded classes or other Alive with Dani events. 

3. Community Member Terms and Conditions 

The Alive with Dani Community is a monthly membership program designed to offer its members transformative workouts, mindfulness practices, inspiring self-study, and community. Participants in the Practices do not need to be Alive with Dani Community Members, but all registered and active Alive with Dani Community Members must agree to the terms and conditions of the Practices, as set forth in this Agreement. As an Alive with Dani Community Member, you are responsible for your own membership account, as well as any conduct associated with your account.

Your participation in the Alive with Dani Community delivers:

  • Unlimited live virtual classes

  • Unlimited access to an on-demand library of 5 to 60 minute fitness, yoga and meditation practices

  • Access to events and resources curated by Dani and her roster of wellness experts

  • Access to the Alive with Dani discussion and resource forum 

  • Special events or resources that may be offered from time to time by Alive with Dani

Membership Registration: To be a member in the Alive with Dani Community, you must have a registered and active Alive with Dani Community membership account. If you do not have a membership account, you can register and create one for free at https://alivewithdani.com/community. Creating a membership account involves providing a valid email address and payment information, acknowledging and completing a member waiver and liability release form, and acknowledging any additional terms as provided by Alive with Dani’s third party host sites. You must be at least 18 years old to create and maintain an Alive with Dani Community membership account and participate in the Alive with Dani Community. 

Membership Pricing: Community Membership pricing is offered at three rates, each of which is subject to change without notice: Founding Member, Early Bird, and Standard. To be eligible for a Founding Member rate, you must have joined the Alive with Dani Community before November 15, 2020. To be eligible for Early Bird rates, you must purchase and register to become a member of the Alive with Dani Community before or by December 31st, 2020. Standard rates are available to all.

Participating in Class: As an Alive with Dani Community Member, classes that you sign up for in advance will be reflected in your account profile, and can only be used and redeemed at the Alive with Dani site at the specific scheduled time and location identified at the time of purchase. For virtual classes, you must also reserve your spot and provide confirmation of your attendance at least one minute before class is scheduled to begin. Following purchase and class reservation, you will receive a confirmation email that includes the link to join class thirty minutes before the class is scheduled to begin.

Changes to the Practices: You may cancel your membership at any time, however you acknowledge and accept that cancellation will result in your forfeiture of unlimited access to the Practices. Cancellation dates and processing are based on your monthly billing cycle. Alive with Dani does not prorate membership benefits or fees, and we do not provide refunds or credits for any partial month, quarter, or year.

Auto Payments and Community Member Payment Authorization: To be eligible for the Alive with Dani Community, you must enroll in either a monthly, quarterly, or annual auto pay membership using a valid debit or credit card. To continue your eligibility, you must remain in good standing with the Alive with Dani Community by not ending or changing your membership, allowing your membership to lapse or be terminated, and by maintaining payment through auto pay for your monthly, quarterly, or annual membership fees. You must also comply with all community guidelines, and you acknowledge that Alive with Dani may terminate your membership for non-compliance. Monthly, quarterly, and annual payments are pre-paid for an entire month, quarter, or year depending on your billing cycle and date of registration. Recurring payment(s) will take effect on the same date that you first registered every month, quarter, or year. Memberships are nonrefundable and nontransferable, and Alive with Dani does not provide refunds or credits for any partial month, quarter, or year.

You understand that your Alive with Dani Community membership will continue to renew monthly, quarterly, or annually until you cancel your membership. You also understand that you will be expected to pay any and all outstanding fees and charges associated with your account when your account is cancelled. You authorize Alive with Dani and its third-party payment processor, Sutra, to charge your debit or credit card on a monthly, quarterly, or annual basis for the price of your Alive with Dani Community Membership, and for any other fees and charges as and when incurred by you in using your membership or other Alive with Dani services. Alive with Dani Community Membership fees are subject to change after enrollment and are subject to applicable taxes and fees.

Community Member Limitations: Alive with Dani Community membership and resulting benefits are nontransferable and can only be used by the member for so long as that member is in good standing. Your membership benefits do not have cash value and cannot be redeemed for cash or any currency substitute. Your membership benefits cannot be applied to a prior or future purchase, and cannot be combined with any other promotional offer or discount available to Alive with Dani Community Members.

Community Member Platform: Upon completion of your registration and purchase of a monthly, quarterly, or annual Alive with Dani Community Membership, you will receive an invitation to join the private community channel. The private community channel is only available to Alive with Dani Community Members, meaning that in order to participate you must either request or receive an invitation. Participation in the private community channel is not a requirement for membership, however you have the option to join and customize your account profile. By participating in the private community channel and/or any of the Practices, you agree to observe all community guidelines, in addition to the community member terms and conditions as set forth in this agreement. If you do not agree to the guidelines, you should not register for an Alive with Dani Community membership account. 

4. COVID-19 Terms and Conditions

Due to safety and health precautions related to COVID-19, in-person activities shall comply with federal, state, local laws, orders and/or directives related to COVID-19, including the Centers for Disease Control and Prevention (“CDC”) guidance on COVID-19. Your attendance and participation at any in-person activities organized by or through Alive with Dani constitutes your acknowledgement of the risk of illness, injury, death and other harm associated with COVID-19, and indicates your agreement to follow all instructions and rules provided by Alive with Dani, including without limitation, requirements related to social distancing, hand sanitization, and use of face coverings. You also agree not to attend or participate in any in-person activities if you experiencing symptoms of COVID-19, have a confirmed or suspected case of the COVID-19, or if in the last 14 days prior to your participation you have come in contact with a person who has been confirmed to have or suspected of having COVID-19. You understand that your attendance and/or participation in any in-person activity involves risk of exposure to COVID-19, and you voluntarily accept these risks. You agree to indemnify, hold harmless, agree not to sue and release Alive with Dani from any and all liability for all claims that arise out of or in connection with any personal injury, illness, death, and/or other loss suffered in connection with your attendance and/or participation in in-person activities. 

5. User Generated Content and Community Guidelines: 

The Alive with Dani Community may contain message boards, chat rooms, personal web pages or profiles, forums, bulletin boards, and other interactive features (collectively, “Interactive Offerings”) that allow Community Members to post, submit, publish, display, or transmit to other Community Member (hereinafter, “post”) content or materials (collectively, “Contributions”) on or through the Sites, including on the Socials. 

All Contributions must comply with the Community Guidelines set out in these Terms. Any Contribution you post to the Sites will be considered non-confidential and non-proprietary information. By providing any Contribution on the Sites, you grant Alive with Dani and our service providers the right to use, reproduce, modify, perform, display, distribute, and otherwise disclose to third parties any such material for any purpose and in any media.

You represent and warrant that:

  • You own or control all rights in and to your Contributions and have the right to grant the license granted above to us and our service providers, and,

  • All of your Contributions do and will comply with these Terms.

You understand and acknowledge that you are responsible for any Contributions you submit or contribute, and you—not Alive with Dani—have full responsibility for such content, including its legality, reliability, accuracy, and appropriateness. Alive with Dani is not responsible or liable to any third party for the content or accuracy of any Contributions posted by you or any other Community Member. We do not endorse or have any obligation to screen, or approve the Contributions made available to you on the Sites. Use of and participation in the Sites and Interactive Offerings is at your own risk. 

These content standards and community guidelines apply to any and all Contributions and use of the Interactive Offerings. Contributions must comply with all applicable federal, state, local, and international laws and regulations. Contributions must not:

  • Contain any material that is defamatory, obscene, indecent, abusive, offensive, harassing, violent, hateful, inflammatory, or otherwise objectionable.

  • Promote sexually explicit or pornographic material, violence, or discrimination based on race, sex, religion, nationality, disability, sexual orientation, or age.

  • Infringe any patent, trademark, trade secret, copyright, or other intellectual property or other rights of any other person.

  • Violate the legal rights (including the rights of publicity and privacy) of others or contain any material that could give rise to any civil or criminal liability under applicable laws or regulations or that otherwise may be in conflict with these Terms and our Privacy Policy.

  • Promote any illegal activity, or advocate, promote, or assist any unlawful act.

Digital Millennium Copyright Act Compliance:   

If you believe that your work has been copied and is accessible on the Sites in a way that constitutes copyright infringement, you may notify Alive with Dani by providing the following information as required by the Digital Millennium Copyright Act, 17 U.S.C. § 512(c)(2):

  • a physical or electronic signature of the person authorized to act on behalf of the owner of an exclusive right that is allegedly infringed;

  • identification of the copyrighted work claimed to have been infringed, or if multiple copyrighted works on the Sites are covered by a single notification, a representative list of such works on the Sites;

  • identification of the material that is claimed to be infringing or to be the subject of infringing activity and that is to be removed or access to which is to be disabled, and information reasonably sufficient to permit Alive with Dani to locate the material;

  • information reasonably sufficient to permit Alive with Dani to contact you, such as an address, telephone number, and if available, an email address;

  • a statement that you have a good faith belief that use of the material in the manner complained of is not authorized by you, your agent, or the law; and

  • a statement that the information in the notification is accurate, and, under penalty of perjury, that you are authorized to act on behalf of the owner of an exclusive right that is allegedly infringed.

Please send the written communication to hello@alivewithdani.com with the subject: “DMCA Request”.

6. Communications with You

If you have provided Alive with Dani with your contact information or requested information from us, we may communicate with you through email, the Alive with Dani newsletter, the Alive with Dani Community portal, including through general messages and direct messages, and/or other methods of communication. By submitting your information, you agree that we are authorized to send email, direct messages, and other communications to you to respond to your communications and to provide you with information about our services. 

You may opt out of promotional emails by following the opt-out or unsubscribe instructions at the bottom of each promotional email from us, or by contacting us at hello@alivewithdani.com. Requests to opt-out or unsubscribe may take up to 10 days. Unless otherwise stated in these Terms, you may not opt-out of receiving communications regarding your purchases, dealings with the Sites, transactions with us or other technical information about the Sites. Where we need your information to provide our services to you or enable the use of the Sites, and if you do not provide this information when requested (or you later ask to delete it), we may not be able to provide you with our products or services or the use of our Sites.

7. Updates and Changes

These Terms may be updated from time to time. It is your responsibility to consult and review these Terms periodically. Your participation in any of the Practices and/or continued use of the Sites reflects your acknowledgement and agreement.

Alive with Dani may change, terminate, and/or replace these Terms; change, supplement, or end any of the Practices; change or replace any service provider; change or replace any hosting platform; change or terminate use of any of the Sites; change any requirement for eligibility to participate in the Alive with Dani Practices or Alive with Dani Community Membership; its services in whole or in part, at any time, and without notice or compensation.

All changes are effective immediately when we post them, and govern all access to and use of the Sites thereafter. 

8. Third Parties and Links from the Sites

Your use of the Sites is also subject to the terms, conditions and policies of Alive with Dani’s third party host platforms, including Zoom, Sutra and Mighty Networks. 

Zoom’s privacy policy and terms of use can be located at the following websites: https://zoom.us/terms and https://zoom.us/privacy. 

Sutra’s privacy policy and terms of use can be located at the following websites:  https://www.sutra.fit/legal/terms and https://www.sutra.fit/legal/privacy.

Mighty Networks’ privacy policy and terms of use can be located at the following websites:  https://www.mightynetworks.com/terms-of-use and https://www.mightynetworks.com/privacy-policy. 

The Sites may also contain links to other websites and resources provided by third parties. These links are provided for your convenience only. We have no control over the contents of those sites or resources, and accept no responsibility for them or for any loss or damage that may arise from your use of them. If you decide to access any of the third-party websites linked to the Sites, you do so entirely at your own risk and subject to the terms and conditions of use for such websites.

9. Intellectual Property

You acknowledge and agree that the Sites and their contents, features, and functionality (including but not limited to all information, text, displays, images, video, and audio, and the design, selection, and arrangement thereof) are owned by or licensed to Alive with Dani and are protected by United States and international copyright, trademark, patent, trade secret, and other intellectual property or proprietary rights laws.

These Terms of Use permit you to use the Sites for your personal, non-commercial use only. You agree not to copy, modify, distribute, transmit, republish, sell, resell or exploit, for any purpose, any portion of the Sites or Practices other than as expressly authorized by Alive with Dani in writing. You acknowledge and agree that Alive with Dani, in its sole discretion, may suspend or terminate your access to the Sites and Practices if you infringe the intellectual property rights of Alive with Dani or others or for other reasons in Alive with Dani’s sole discretion.

Trademarks: The name, Alive with Dani, LLC, the terms Alive with Dani and Come Alive, and all related names, logos, product and service names, designs, and slogans are trademarks of Alive with Dani. You must not use such marks without the prior written permission of Alive with Dani. All other names, logos, product and service names, designs, and slogans on the Sites are the trademarks of their respective owners.

Copyright: All content on the Sites, including any artwork, photograph, video, music, text, or other copyrightable content, is the copyright and property of or licensed to Alive with Dani, and protected by United States copyright laws.    

10. Inaccuracy Disclaimer

Occasionally the Sites may contain typographical errors, inaccuracies, or omissions. Alive with Dani reserves the right to correct any errors, inaccuracies or omissions and to change or update information at any time without prior notice (including after you have submitted your order). 

We do not warrant that the quality of any services purchased or obtained by you will meet your expectations, that the descriptions of services on the Sites are error-free, or that any errors in descriptions of the services will be corrected. 

We have no obligation to update, amend or clarify information on the Sites, including without limitation pricing information, except as required by law. No specified update or refresh date applied on the Sites should be taken to indicate that all information on the Sites has been modified or updated. The material and information presented by Alive with Dani on the Sites is intended to be used for informational purposes only. Any reliance on material found on the Sites is at your own risk.

11. Security

Alive with Dani, its service providers, and/or host platforms use reasonable security measures to protect against possible loss, misuse or alteration of personally identifiable information gathered through the Sites. However, you should maintain copies of any account information or Contributions that you may want to preserve. No transmission of data over the internet is guaranteed to be secure. It may be possible for third parties that are not under Alive with Dani's control to intercept or access transmissions or private communications unlawfully. Neither Alive with Dani nor our service providers can ensure or warrant the security of any information you transmit to us over the internet. Any such transmission is at your sole risk.

12. Governing Law

With the exception that the enforceability of the “Arbitration and Jury Trial Waiver” provision below is governed by the Federal Arbitration Act, these Terms of Use and any disputes arising from or related to them will be governed by United States federal law and the laws of California, without reference to a state’s conflict of law principles.

13. Arbitration and Jury Trial Waiver

Arbitration is the referral of a dispute to one or more impartial persons for a final and binding determination. A “dispute” as used in these Terms means any controversy or claim arising out of or related to these Terms, the subject matter of these Terms, or in connection with your use of the Sites.  

You agree that any dispute between you and Alive with Dani arising out of or relating to these Terms or the Privacy Policy, Sites, Services, or the relationship of the parties hereunder will be decided only by arbitration administered by the American Arbitration Association (“AAA”) and in accordance with the Federal Arbitration Act. A single, neutral arbitrator will decide any disputes and the arbitration will take place in Orange County, California. By agreeing to arbitration, you understand that you will not have the right to a trial by jury with regard to any dispute arising out of or relating to these Terms or the Privacy Policy, Sites, or relationship of the parties hereunder.

You further agree that to the fullest extent permitted by law: (1) no claims by you shall be joined with the claims of any other person and you agree not to participate in any claim brought by other persons, whether in arbitration or litigation; (2) YOU HAVE NO RIGHT OR AUTHORITY FOR ANY DISPUTE TO BE LITIGATED OR ARBITRATED ON A CLASS ACTION BASIS OR TO UTILIZE CLASS ACTION PROCEDURES; (3) you have no right or authority for any dispute to be brought in a purported representative capacity on behalf of the general public or any other person; and (4) you have no right or authority for any dispute to be brought, heard or arbitrated as a private attorney general action. To the extent that the foregoing sentence or any portion thereof is found to be unenforceable, or if arbitration is prohibited by law, you and Alive with Dani agree that such claims will not be decided in arbitration and must be litigated exclusively in a civil court of competent jurisdiction located within the Central District Court of California, which venue is the most convenient and appropriate for the resolution of disputes concerning these Terms.

14. Disclaimer of Warranties

YOU EXPRESSLY AGREE THAT YOUR USE OF, OR INABILITY TO USE, THE SITES AND THE PRACTICES IS AT YOUR SOLE RISK. THE SITES AND ALL SERVICES DELIVERED TO YOU THROUGH THE SITES AND IN-PERSON ARE (EXCEPT AS EXPRESSLY STATED BY US) PROVIDED “AS IS” AND “AS AVAILABLE” FOR YOUR USE, WITHOUT ANY REPRESENTATIONS, WARRANTIES OR COVENANTS OF ANY KIND, EXPRESS OR IMPLIED, INCLUDING WITHOUT LIMITATION ANY IMPLIED WARRANTIES OF MERCHANTABILITY, MERCHANTABLE QUALITY, FITNESS FOR A PARTICULAR PURPOSE, DURABILITY, TITLE, NON-INFRINGEMENT AND NON-INTERRUPTION. YOU ACKNOWLEDGE AND ACCEPT THAT THE PRACTICES OFFERED BY ALIVE WITH DANI ARE NOT TAILORED TO YOUR PERSONAL NEEDS OR HEALTH CONDITIONS. YOU UNDERSTAND THAT PARTICIPATION IS POTENTIALLY HAZARDOUS (FOR EXAMPLE, FROM PHYSICAL ACTIVITY, DANCE, JUMPS, KICKS, FLEXIBILITY AND BALLISTIC MOVES, AEROBIC AND ANAEROBIC EXERCISE, STRESS), AND THAT YOU SHOULD NOT PARTICIPATE UNLESS MEDICALLY ABLE AND PROPERLY TRAINED FOLLOWING CONSULTATION WITH YOUR HEALTH CARE PROVIDER. YOU EXPRESSLY AGREE THAT YOUR ATTENDANCE AND/OR PARTICIPATION CARRIES WITH IT CERTAIN INHERENT RISKS THAT CANNOT BE ELIMINATED COMPLETELY AND YOU WILLINGLY ASSUME ALL RISKS. WHEN PARTICIPATING IN THE PRACTICES IN-PERSON AND VIRTUALLY, YOU EXPRESSLY AGREE TO KEEP YOUR SPACE CLEAN AND CLEAR OF OBSTACLES, INCLUDING A STABLE SURFACE THAT IS NOT SLIPPERY, AND TO USE A MAT. 

WITHOUT LIMITING THE FOREGOING, ALIVE WITH DANI MAKES NO REPRESENTATIONS OR WARRANTIES THAT USE OF THE SITES WILL BE UNINTERRUPTED OR ERROR-FREE, THAT DEFECTS WILL BE CORRECTED, OR THAT THE SITES ARE FREE OF VIRUSES OR OTHER HARMFUL CODE. YOU ARE RESPONSIBLE FOR TAKING ALL NECESSARY PRECAUTIONS TO ENSURE THAT ANY CONTENT YOU MAY OBTAIN FROM THE SITES IS FREE OF VIRUSES OR OTHER HARMFUL CODE.

15. Limitation of Liability

IN NO CASE SHALL ALIVE WITH DANI BE LIABLE FOR ANY DIRECT, INDIRECT, INCIDENTAL, PUNITIVE, SPECIAL, OR CONSEQUENTIAL DAMAGES OF ANY KIND, INCLUDING, WITHOUT LIMITATION LOST PROFITS, LOST REVENUE, LOST SAVINGS, LOSS OF DATA, REPLACEMENT COSTS, OR ANY SIMILAR DAMAGES, WHETHER BASED IN CONTRACT, TORT, STRICT LIABILITY OR OTHERWISE, ARISING FROM YOUR USE OF THE SITES OR ANY OF THE SERVICES PROCURED USING THE SITES OR IN PERSON, OR FOR ANY OTHER CLAIM RELATED IN ANY WAY TO THE FOREGOING, INCLUDING, BUT NOT LIMITED TO, ANY ERRORS OR OMISSIONS IN ANY CONTENT, OR ANY LOSS OR DAMAGE OF ANY KIND INCURRED AS A RESULT OF THE USE OF THE SITES OR ANY CONTENT POSTED, TRANSMITTED, OR OTHERWISE MADE AVAILABLE VIA THE SITES, EVEN IF ADVISED OF THEIR POSSIBILITY. BECAUSE SOME STATES OR JURISDICTIONS DO NOT ALLOW THE EXCLUSION OR THE LIMITATION OF LIABILITY FOR CONSEQUENTIAL OR INCIDENTAL DAMAGES, IN SUCH STATES OR JURISDICTIONS, OUR LIABILITY SHALL BE LIMITED TO THE MAXIMUM EXTENT PERMITTED BY LAW. 

16. Indemnification and Remedies

You agree to indemnify, defend, fully compensate, and hold Alive with Dani harmless from any claim or demand, including reasonable attorneys’ fees, made by any third-party due to or arising out of your breach of these Terms or the documents they incorporate by reference, or your violation of any law or the rights of a third-party. You further agree to indemnify, defend, fully compensate, and hold Alive with Dani harmless for all manner of liability or damages arising from your attendance at and/or participation in the Practices, including injury, illness, disability, death or loss or damage to person or property, whether arising from the negligence of Alive with Dani or not, to the fullest extent permitted by law. 

Alive with Dani reserves the right to seek and enforce all remedies available to it at law and in equity for any violation of these Terms, including but not limited to, suspending or blocking access to your Alive with Dani account or Alive with Dani Community Member account, and ending or restricting your participation in any or all of the Practices. You acknowledge and agree that Alive with Dani’s rights with regard to these Terms are special and unique and that any breach hereof may not be adequately compensated by money damages, and that Alive with Dani has the right to specifically enforce (including injunctive relief where appropriate) these Terms.

17. Your Information and Privacy

All information collected on the Sites is subject to our Privacy Policy. By using the Sites and/or participating in the Practices, you consent to all actions taken by us with respect to your information in compliance with the Privacy Policy.

18. Notice Required by California Law

Pursuant to California Civil Code Section 1789.3, California residents are entitled to the following specific consumer rights notice:

The name, address and telephone number of the provider of the Sites is Alive with Dani, LLC, 3509 Bahia Blanca W. Unit A, Laguna Woods, California, 92637, United States. Complaints regarding the Sites or requests to receive further information regarding use of the Sites may be sent to the above address or to (612) 205-9725.

The Complaint Assistance Unit of the Division of Consumer Services of the California Department of Consumer Affairs may be contacted in writing at 1625 North Market Boulevard, Suite S202, Sacramento, CA 95834 or by telephone at (916) 574-7950 or (800) 952-5210.

19. Accessibility

Alive with Dani is committed to making our Site's content accessible and user friendly to everyone. If you are having difficulty viewing or navigating the content on the Sites, or notice any content, feature, or functionality that you believe is not fully accessible to persons with disabilities, please email our team at hello@alivewithdani.com with “Accessibility” in the subject line and provide a description of the specific feature you feel is not fully accessible or a suggestion for improvement. We take your feedback seriously and will consider it as we evaluate ways to accommodate all of our customers and our overall accessibility policies.  

20. General Conditions

These Terms of Use and any policies or operating rules posted by us on this Sites or in respect to the Practices and Offerings constitute the entire agreement and understanding between you and us and govern your use of the Sites, superseding any prior or contemporaneous agreements, communications and proposals, whether oral or written, between you and us (including, but not limited to, any prior versions of these Terms). If any provision of these Terms is held by a court of competent jurisdiction to be invalid or unenforceable, such provision will be enforced to the maximum extent permissible so as to effect the intent of these Terms, and the remainder of these Terms will continue in full force and effect. 

Alive with Dani’s decision not to pursue or enforce any provision in these Terms of Use shall not be deemed a further or continuing waiver of such term or condition or a waiver of any other term or condition, and any failure of Alive with Dani to assert a right or provision under these Terms of Use shall not constitute a waiver of such right or provision. Alive with Dani reserves the right to apply, interpret, and enforce these Terms of Use, and all determinations by Alive with Dani shall be final and conclusive.

Alive with Dani is not responsible or liable to you, or any person claiming through you, for failure to offer the Sites or Practices in the event Alive with Dani is affected by any acts of god, any action, regulation, order, or request by any governmental or quasi-governmental entity, equipment failure, actual or threatened terrorist acts, weather, natural phenomenon, declared or undeclared war, fire, embargo, labor dispute or strike, transportation, pandemic, civil disturbance, public health or safety issues.


21. How to Contact Us

If you have any questions concerning Alive with Dani account, your account and/or membership, the Sites, or the Practices, contact us at hello@alivewithdani.com.