Terms of Service

Digital Product Description

The products sold on this site are in-person services or digital / online instructional services for non-commercial and personal use only. In order to use these products, you must provide minimal requested information in order to purchase. Once purchased, you may have lifetime access for stream or download.

The user is solely responsible for all activities that occur through the account method used for payment. No refunds or returns.

Do not provide your product link to anyone else. Please do not permit anyone else to: (a) store, copy, modify, or distribute any of the content made available on Solar Movement Space (SMS); (b) compile or collect any content available on SMS as part of a database or other work; (c) use any automated tool (e.g., robots, spiders) or manual process to monitor, store, copy, modify, distribute, or resell any content from SMS; (d) frame or otherwise incorporate SMS or any portion of SMS as part of another website or service; (e) reproduce, duplicate, copy, sell, resell, or exploit for any commercial purposes any portion of SMS (including the display of third party advertising); (f) circumvent or disable any digital rights management, usage rules, or other security features of SMS, or any content available on the site; (g) use the site in a manner that threatens the integrity, performance, or availability of SMS or the teachers representing it; (h) remove, alter, or obscure any proprietary notices (including copyright notices) on any portion of the site or any content available from SMS; or (i) include any personal or identifying information about another person in your commentary without that person’s explicit consent.

Copyright Infringement

SMS respects the intellectual property rights of others, and asks you to do the same. It is SMS’s policy to terminate the access privileges of those who repeatedly infringe the copyright rights of others.

Ownership + Trademarks

The content on SMS is intellectual property of SMS and Nicole Silverman. No other rights are granted.

Fees

Content offered through SMS is available to you for a fee (“Paid Content”). SMS uses a third-party payment processor (i.e. PayPal or other) for your one-time digital product purchase or in-person class service. The processing of payments or credits, as applicable, in connection with your single purchase will be subject to the terms, conditions and privacy policies of the Payment Processor and your credit card issuer in addition to these Terms. SMS is not responsible for any errors by the Payment Processor. SMS does not keep payment information on file. You are responsible for all fees charged by third parties to access and use the digital content (e.g., charges by ISPs or mobile carriers).

No Refunds

Payments for any/all services and/or digital products are non-refundable and there are no credits for partially used content. Refunds or cancellations are not applicable.

Access + Modifications to the Digital Content

SMS does not provide you with the equipment/props suggested in online classes.

SMS reserves the right to modify or discontinue, temporarily or permanently, all or a part of the digital content without notice. SMS will not be liable to you or to any third party for any modification, suspension, or discontinuance of the digital content.

No Support

SMS is not obligated to provide online support for the digital content.

Please consult a physician before starting a new fitness routine. Utilize SMS content at your own risk. SMS does not assume any responsibility for any issues or injuries resulting in the use of this online content.

Privacy

SMS collects name and email data only when voluntarily provided. You may opt out of the email list at any time.

Disclaimer of Warranties

YOUR USE OF THE SERVICE IS AT YOUR SOLE RISK. THE SERVICE IS PROVIDED ON AN "AS IS" AND "AS AVAILABLE" BASIS. SOLAR MOVEMENT SPACE, NICOLE SILVERMAN, ANY AFFILIATES, LICENSORS, SUPPLIERS, AND DISTRIBUTORS EXPRESSLY DISCLAIM ALL WARRANTIES OF ANY KIND, WHETHER EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO THE IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE, AND NON-INFRINGEMENT. SMS DOES NOT WARRANT UNINTERRUPTED USE OR OPERATION OF THE SERVICE OR THAT ANY DATA SENT BY OR TO YOU WILL BE ACCURATE, COMPLETE, TRANSMITTED IN UNCORRUPTED FORM, OR TRANSMITTED WITHIN A REASONABLE AMOUNT OF TIME. YOU WILL BE SOLELY RESPONSIBLE FOR ANY DELAY OR LOSS OF ANY KIND THAT RESULTS FROM YOUR ACCESS OR USE OF THE SERVICE, INCLUDING LOSS OF ANY LOSS OR HARM TO YOUR MOBILE DEVICE. NO ADVICE OR INFORMATION, WHETHER ORAL OR WRITTEN, OBTAINED BY YOU FROM SMS, THROUGH OR FROM THE SERVICE, WILL CREATE ANY WARRANTY NOT EXPRESSLY STATED IN THESE TERMS. SOME STATES MAY PROHIBIT A DISCLAIMER OF WARRANTIES AND YOU MAY HAVE OTHER RIGHTS THAT VARY FROM STATE TO STATE.

Limitation of Liability

NEITHER SMS, NICOLE SILVERMAN, NOR ITS AFFILIATES, LICENSORS, SUPPLIERS, OR DISTRIBUTORS WILL BE LIABLE FOR ANY INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL, OR EXEMPLARY DAMAGES, INCLUDING BUT NOT LIMITED TO, PHYSICAL INJURIES, DAMAGES FOR LOSS OF PROFITS, GOODWILL, USE, DATA OR OTHER INTANGIBLE LOSSES EVEN IF ADVISED OF THE POSSIBILITY OF THESE DAMAGES, RESULTING FROM YOUR ACCESS OR USE OF THE SERVICE. BECAUSE SOME STATES DO NOT ALLOW THE EXCLUSION OR LIMITATION OF LIABILITY FOR CONSEQUENTIAL OR INCIDENTAL DAMAGES, THE ABOVE LIMITATION MAY NOT APPLY TO YOU.

EXCEPT AS OTHERWISE EXPRESSLY SET FORTH IN THESE TERMS, THE MAXIMUM TOTAL LIABILITY OF SMS, ITS AFFILIATES, LICENSORS, SUPPLIERS, AND DISTRIBUTORS TO YOU FOR ANY CLAIM RELATED TO THE SERVICE, WHETHER IN CONTRACT, TORT, OR OTHERWISE, IS THE GREATER OF THE AMOUNT YOU PAID FOR THE SERVICE OR $10. EACH PROVISION OF THESE TERMS THAT PROVIDES FOR A LIMITATION OF LIABILITY, DISCLAIMER OF WARRANTIES, OR EXCLUSION OF DAMAGES IS TO ALLOCATE THE RISKS UNDER THESE TERMS BETWEEN THE PARTIES. THIS ALLOCATION IS AN ESSENTIAL ELEMENT OF THE BASIS OF THE BARGAIN BETWEEN THE PARTIES. EACH OF THESE PROVISIONS IS SEVERABLE AND INDEPENDENT OF ALL OTHER PROVISIONS OF THESE TERMS. THE LIMITATIONS IN THIS SECTION WILL APPLY EVEN IF ANY LIMITED REMEDY FAILS OF ITS ESSENTIAL PURPOSE.