Terms of Service – Moon Chakras™

OVERVIEW

This mobile application is operated by Syl Carson, LLC, a Utah company (“We,” “Us,” “Syl Carson,” or “Syl Carson, LLC”). Throughout the App, the terms “we”, “us” and “our” refer to Syl Carson, LLC. Syl Carson, LLC, offers the Moon Chakras™ app available on the iOS App Store and Google Play (the “App” as used in these Terms), including all information, tools, and services related to the App to you, the user, conditioned upon your acceptance of all terms, conditions, policies, and notices stated here.

By downloading and/or using the App, you engage in our “Service” and agree to be bound by the following terms and conditions (“Terms of Service” or “Terms”), including any additional terms and conditions and policies referenced herein and/or available by hyperlink. BY USING OUR SERVICES, YOU AGREE TO BE BOUND BY THESE TERMS AND CONDITIONS. THIS IS A LEGALLY BINDING AGREEMENT. You acknowledge that your use of the Services constitutes the use of an electronic signature to assent to these Terms. Your use of the Services after your initial acceptance, even if these Terms of Use change, demonstrates your continued acceptance of these Terms. These Terms of Service apply to all users of the App.

IMPORTANT: PLEASE REVIEW THE ARBITRATION AGREEMENT SET FORTH BELOW CAREFULLY, AS IT WILL REQUIRE YOU TO RESOLVE DISPUTES WITH SYL CARSON, LLC, ON AN INDIVIDUAL BASIS THROUGH FINAL AND BINDING ARBITRATION. BY ENTERING THIS AGREEMENT, YOU EXPRESSLY ACKNOWLEDGE THAT YOU HAVE READ AND UNDERSTAND ALL OF THE TERMS OF THIS AGREEMENT AND HAVE TAKEN TIME TO CONSIDER THE CONSEQUENCES OF THIS IMPORTANT DECISION.

The Moon Chakra App is intended for use by persons aged 18 or older. If you are younger than 18, please do not use the App. Please read these Terms of Service carefully before accessing or using our App. By accessing or using any part of the App, you agree to be bound by these Terms of Service. If you do not agree to all the terms and conditions of this agreement, then you may not access the App or use any services. If these Terms of Service are considered an offer, acceptance is expressly limited to these Terms of Service.

Any new features or tools added to the current store shall also be subject to the Terms of Service. You can review the most current version of the Terms of Service at any time on this page. We reserve the right to update, change, or replace any part of these Terms of Service by posting updates and/or changes to our App. It is your responsibility to check this page periodically for changes. Your continued use of or access to the App after posting any changes constitutes acceptance of those changes.

MODIFICATION OF THESE TERMS

In our sole discretion, Syl Carson, LLC, reserves the right to change, modify, add, or remove portions of these Terms at any time with or without specific notice to you other than posting such modified Terms on our App, through our applications, or both. The Terms will include the most recent revision date and will be effective immediately upon posting unless otherwise specified herein. In the event of a material change to these Terms, we will attempt to notify you directly through a message sent to the e-mail address you provided upon registration or through the use of notification in or through the application. You hereby acknowledge and agree that you will review these Terms periodically for any changes and review the last revision date at the beginning of the Terms. If you are dissatisfied with the Services, then you agree that your sole and exclusive remedy is to discontinue any use of the Services.

SECTION 1 – ACCEPTABLE USE OF THE SERVICES AND FEES FOR THE SERVICES

Your use of the App is conditioned upon your payment of periodic subscription fees for the App and the Services it contains. You will have no right to use the App or its related Services without timely payment of the applicable subscription fees following the conclusion of any free trial. We are under no obligation to offer any free trial. We reserve the right to modify and increase the subscription fee application to the app at our sole discretion. If any pricing changes, your continued use of the Services and the App will require payment of the then-current subscription or other fees. We may choose to but are under no obligation to, offer promo codes or discounts relating to the Services.

You further agree that your use of and conduct on the Services shall be lawful and will not:

Violate these Terms, any applicable local, state, federal, or international law, rule, or regulation, or the rules of conduct posted with respect to any individual feature of the Services.
Trick, defraud, or mislead Syl Carson, LLC, or other users, especially to learn sensitive account information such as passwords or personal information about other users.
Make improper use of Syl Carson, LLC, support services, or submit false reports of abuse or misconduct.
Reuse, copy, reproduce, and/or sell content within the app for any purpose whatsoever, including screenshots, image or text exports, or creation of any form of document.
Disparage, tarnish, or harm Syl Carson, LLC, and/or the Service.
Disseminate or transmit viruses, worms, Trojan horses, RATs, keyboard loggers, time bombs, spyware, adware, cancelbots, passive collection mechanisms (“PCMs”), or any other malicious or invasive code or program or upload or transmit (or attempt to upload or to transmit) any material that acts as a passive or active information collection or transmission mechanism, including, without limitation, clear graphics interchange formats (“gifs”), 1×1 pixels, web bugs, cookies or other similar devices.
Copy or adapt the Services’ software, including but not limited to Swift, Flash, PHP, HTML, JavaScript, or other code.
Reverse engineer, decompile, reverse assemble, modify, or attempt to discover any software (source code or object code) that the Services create to generate web pages or any software or other products or processes accessible through the Services.
Except as may be the result of a standard search engine or Internet browser usage, use or launch, develop or distribute any automated system, including, without limitation, any spider, robot (or “bot”), cheat utility, scraper, or offline reader that accesses the Services, or use or launch any unauthorized script or other software.
Cover or obscure any notice, banner, advertisement, or other branding on the Services.
Interfere with or circumvent any security feature of the Services or any feature that restricts or enforces limitations on the use of or access to the Services.

SECTION 2 – GENERAL CONDITIONS

We reserve the right to refuse service to anyone for any reason.

Provided you have paid all subscription fees in full, including any changed fees we may introduce from time to time, you are hereby granted a limited, personal license to access the App, the Services, and any content thereon for your personal, non-commercial use.

The information you provide to the Services may be sensitive or of a highly personal nature, and you should investigate the data storage policies and retention capabilities of any equipment you use to access the Services, including those of any devices used to access our Services, before accessing the Services. If you are not the exclusive owner or user of a device used to access the Services, you may want to avoid using such a device to access the Services. Be aware that many computers provided by employers are subject to policies that may allow remote access and monitoring, and any information you communicate to the Services may be subject to access and monitoring by your employer.

All disclosures that you make about yourself (or others) on or through our Services are made at your own risk. Syl Carson, LLC, shall not be responsible for any damages, injury, or harm, including physical injury, which may arise from any disclosures that you make or any action you may take based on using the Services. Please also see our Privacy Policy for more information on data practices.

You understand and agree that we may use the information you provide, including without limitation personal information, to provide you with Services and otherwise in accordance with our Privacy Policy.

You understand that your App content may be transferred unencrypted and involve (a) transmissions over various networks and (b) changes to conform and adapt to the technical requirements of connecting networks or devices.

You agree not to reproduce, duplicate, copy, sell, resell, or exploit any portion of the Service, use of the Service, or access to the Service or any contact on the App through which the Service is provided without express written permission by us.

The headings in this agreement are included for convenience only and will not limit or otherwise affect these Terms.

Terms relating to Minor Children

Syl Carson, LLC, conforms to the Children’s Online Privacy Protection Act (COPPA). Our services are not intended for children under the age of 13. We do not knowingly collect personally identifiable information via the Services from users in this age group. We ask that our users not provide information about a child if they do not have guardianship of the child and the legal authority to consent to the collection of the child’s data, including without limitation through any comment, forum, or feedback mechanism on the App. Please also see our separate Privacy Policy for more information on our data handling practices.

SECTION 3 – ACCURACY, COMPLETENESS, AND TIMELINESS OF INFORMATION

We are not responsible if the information on this App is not accurate, complete, or current. The material on the App is provided for general information only and should not be relied upon or used as the sole basis for making decisions without consulting primary, more accurate, more complete, or more timely sources of information. Any reliance on or use of the content in the App is at your own risk.

The App may contain certain historical information. Historical information, necessarily, is not current and is provided for your reference only. We reserve the right to modify the contents of this App at any time, but we have no obligation to update any information on our App. You agree that it is your responsibility to monitor changes to our App.

By operating the Services, Syl Carson, LLC, makes no representations whatsoever about using the content displayed within the App other than for your personal informational purposes.

SECTION 4 – We Make No Warranties to our Users and Disclaim All Liability for Your Use of the Service

Use of the Services is at your own risk.

SYL CARSON, LLC, AND ITS PARTNERS HAVE NO LIABILITY WHATSOEVER FOR YOUR USE OR RELIANCE ON ANY PRODUCT OR SERVICE YOU USE OR ENCOUNTER ON ANY SYL CARSON, LLC, SERVICE, INCLUDING WITHOUT LIMITATION THE APP. YOU AGREE THAT SYL CARSON, LLC, IS NOT LIABLE UNDER ANY THEORY OF LAW FOR ANY COMPENSATORY, INDIRECT, SPECIAL, INCIDENTAL, PUNITIVE, OR CONSEQUENTIAL DAMAGES, INCLUDING BUT NOT LIMITED LOSS OF PROFITS, BUSINESS INTERRUPTION, LOSS OF INFORMATION OR DATA, AND/OR THE FAILURE TO REALIZE ANY SPECIFIC OUTCOME, WHETHER BASED ON BREACH OF CONTRACT, BREACH OF WARRANTY, TORT, PRODUCT LIABILITY OR OTHERWISE.

YOU ACKNOWLEDGE THAT THESE LIMITATIONS OF LIABILITY ARE ESSENTIAL TO ALLOWING SYL CARSON, LLC, TO PROVIDE A SERVICE AT A SPECIFIED PRICE, AND THAT OUR SERVICES WOULD NOT BE PROVIDED WITHOUT THESE LIMITATIONS. IF YOU DO NOT AGREE TO THESE LIMITATIONS, PLEASE DO NOT USE THE SERVICES.

NO ADVICE OR INFORMATION YOU OBTAIN FROM US THROUGH THE SERVICES OR IN SUPPORT OF THE SERVICES SHALL CREATE ANY WARRANTY, REPRESENTATION, OR GUARANTEE NOT EXPRESSLY STATED IN THESE TERMS. SOME STATES DO NOT ALLOW THE EXCLUSION OR LIMITATION OF INCIDENTAL OR CONSEQUENTIAL DAMAGES, SO SOME OF THE ABOVE LIMITATIONS AND EXCLUSIONS MAY NOT APPLY TO YOU; OUR LIABILITY IS LIMITED TO THE MAXIMUM EXTENT PERMITTED UNDER APPLICABLE LAW. NOTWITHSTANDING THE FOREGOING, IN THE EVENT THAT SYL CARSON, LLC, IS FOUND TO HAVE A LIABILITY TO YOU, YOU AGREE THAT OUR AGGREGATE LIABILITY FOR ANY CAUSE WHATSOEVER AND REGARDLESS OF THE FORM OF ACTION WILL AT ALL TIMES BE LIMITED TO THE AMOUNT THAT YOU PAID, IF ANY, TO SYL CARSON, LLC, WITH RESPECT TO YOUR INDIVIDUAL USE OF THE SYL CARSON, LLC, SERVICE IN QUESTION. IN ADDITION, YOU SPECIFICALLY AGREE AND ACKNOWLEDGE THAT SYL CARSON, LLC, IS NOT LIABLE FOR THE CONTENT SUBMITTED BY ANY OTHER USER OR ANY DEFAMATORY, OFFENSIVE, OR ILLEGAL CONDUCT OF A THIRD PARTY.

THE MOON CHAKRAS APP AND THE CONTENT ARE PROVIDED ON AN “AS IS” BASIS. SYL CARSON, LLC, TO THE FULLEST EXTENT PERMITTED BY LAW, DISCLAIMS ALL WARRANTIES, EITHER EXPRESS OR IMPLIED, STATUTORY OR OTHERWISE, INCLUDING BUT NOT LIMITED TO THE IMPLIED WARRANTIES OF MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE.

SPECIFICALLY, SYL CARSON, LLC, MAKES NO REPRESENTATIONS OR WARRANTIES ABOUT THE FOLLOWING:

THE ACCURACY, RELIABILITY, COMPLETENESS, CORRECTNESS, OR TIMELINESS OF THE CONTENT, SOFTWARE, TEXT, GRAPHICS, LINKS, RECOMMENDATIONS, OR COMMUNICATIONS PROVIDED ON OR THROUGH THE USE OF THE SYL CARSON, LLC, SERVICES.
THE ACCURACY, COMPLETENESS OR CORRECTNESS, TIMELINESS, OR USEFULNESS OF ANY OPINIONS, ADVICE, SERVICES, OR OTHER INFORMATION PROVIDED THROUGH THE SYL CARSON, LLC, SERVICES.
THE CONTENT, THAT THE SERVICE CAN BE USED TO ACHIEVE SPECIFIC INTERESTS, OR THAT THE OUTPUT OF THE SERVICE IS COMPLETE AND ACCURATE
THE SERVICES WILL BE UNINTERRUPTED OR FREE OF ERRORS, VIRUSES, OR OTHER HARMFUL COMPONENTS.

IN NO EVENT WILL SYL CARSON, LLC, ITS OFFICERS, DIRECTORS, EMPLOYEES, AFFILIATES, AGENTS, ATTORNEYS, AND REPRESENTATIVES BE LIABLE TO YOU OR ANYONE ELSE FOR ANY DECISION MADE OR ACTION TAKEN BY YOU OR ANYONE ELSE IN RELIANCE UPON THE INFORMATION PROVIDED THROUGH THE SYL CARSON, LLC, SERVICES. YOU WILL HOLD SYL CARSON, LLC, ITS OFFICERS, DIRECTORS, EMPLOYEES, AFFILIATES, AGENTS, ATTORNEYS, AND REPRESENTATIVES HARMLESS FOR ANY SUCH ACTIONS OR DECISIONS TAKEN BY YOU IN RELIANCE UPON SUCH INFORMATION.

SECTION 6 – ACCURACY OF BILLING AND ACCOUNT INFORMATION

We reserve the right to refuse any order you place with us.

You agree to provide current, complete, and accurate purchase and account information for all subscription fee payments. You agree to promptly update your account and other information, including your email address, credit card numbers and expiration dates on third-party payment platforms, so that we can complete your transactions and contact you as needed.

SECTION 7 – THIRD-PARTY LINKS

Certain content, products, and services available via our Service may include third-party materials. For example, we may share links to Spotify playlists.

Third-party links on the App may direct you to third-party applications such as SpotIfy or Google Calendar that are not affiliated with us. We are not responsible for examining or evaluating the content or accuracy, do not warrant, and will not have any liability or responsibility for any third-party materials or applications or for any other materials, products, or services of third parties.

We are not liable for any harm or damages related to the purchase or use of goods, services, resources, content, or any other transactions connected with any third-party applications. Please carefully review the third party’s policies and practices and ensure you understand them before engaging in any transaction. Complaints, claims, concerns, or questions regarding third-party products should be directed to the third party.

SECTION 8 – USER COMMENTS, FEEDBACK, AND OTHER SUBMISSIONS

If, at our request, you send certain specific submissions (for example, contest entries) or, without a request from us, you send creative ideas, suggestions, proposals, plans, or other materials, whether online, by email, by postal mail, or otherwise (collectively, ‘comments’), you agree that we may, at any time, without restriction, edit, copy, publish, distribute, translate and otherwise use in any medium any comments that you forward to us. We are and shall be under no obligation (1) to maintain any comments in confidence, (2) to pay compensation for any comments, or (3) to respond to any comments. You hereby grant Syl Carson, LLC, a perpetual, unlimited, royalty-free, fully paid-up license to any feedback submitted through the Services.

You agree that your comments will not violate any third party’s rights, including copyright, trademark, privacy, personality, or other personal or proprietary rights. You further agree that your comments will not contain libelous or otherwise unlawful, abusive, or obscene material or contain any computer virus or other malware that could in any way affect the operation of the Service or any related App. You may not use a false e-mail address, pretend to be someone other than yourself, or otherwise mislead us or a third party regarding the origin of any comments. You are solely responsible for any comments you make and their accuracy. We take no responsibility and assume no liability for any comments you make or any third-party post.

SECTION 9 – PERSONAL INFORMATION

Your submission of personal information through the Services is governed by our Privacy Policy. Click here to view our Privacy Policy.

SECTION 10 – ERRORS, INACCURACIES, AND OMISSIONS

Occasionally there may be information on our App or in the Service that contains typographical errors, inaccuracies, or omissions. We reserve the right to correct any errors, inaccuracies, or omissions and to change or update information if any information in the Service or on any related App is inaccurate at any time without prior notice (including after you have submitted your order).

We undertake no obligation to update, amend, or clarify information in the Service or on any related App, including, without limitation, pricing information, except as required by law. No specified update or refresh date applied in the Service or on any related App should be taken to indicate that all information in the Service or on any related App has been modified or updated.

SECTION 11 – INDEMNIFICATION

YOU AGREE TO INDEMNIFY, DEFEND, AND HOLD HARMLESS SYL CARSON, LLC, AND OUR PARENT, SUBSIDIARIES, AFFILIATES, PARTNERS, OFFICERS, DIRECTORS, AGENTS, CONTRACTORS, LICENSORS, SERVICE PROVIDERS, SUBCONTRACTORS, SUPPLIERS, INTERNS, AND EMPLOYEES 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 OF SERVICE OR THE DOCUMENTS THEY INCORPORATE BY REFERENCE OR YOUR VIOLATION OF ANY LAW OR THE RIGHTS OF A THIRD PARTY.

SECTION 12 – SEVERABILITY

In the event that any provision of these Terms of Service is determined to be unlawful, void, or unenforceable, such provision shall nonetheless be enforceable to the fullest extent permitted by applicable law, and the unenforceable portion shall be deemed to be severed from these Terms of Service, such determination shall not affect the validity and enforceability of any other remaining provisions.

SECTION 13 – CLAIM LIMITATIONS

Any claims arising in connection with your use of the Services must be brought within one (1) year of the date of the event giving rise to such action occurring.

SECTION 14 – TERMINATION

The obligations and liabilities of the parties incurred prior to the termination date shall survive the termination of this agreement for all purposes.

How and When Your Account Can Be Terminated

Termination by Syl Carson, LLC. You agree that Syl Carson, LLC, may terminate your account at any time for your violation of any of the provisions of these Terms.

Termination by you. If you are dissatisfied with the Syl Carson, LLC, Services, please email us at namaste@bodhiyoga.com. Your only other remedy with respect to any dissatisfaction with (a) the Services, (b) any portion of these Terms, (c) any policy or practice of Syl Carson, LLC, in providing the Services, or (d) any content or information transmitted through the App or the Services, is to terminate the Services and your account. You may terminate the Services at any time by canceling your subscription through the App Store.

Effect of termination. Upon the termination of your account, either by you or Syl Carson, LLC, your access to your personal information within the Service shall immediately terminate, and you are solely responsible for maintaining copies of any personal information you have uploaded to the Services or any plans you may have engaged through the Services. Syl Carson, LLC, may but is not obligated to, retain copies of your personal information upon the termination of your user account on backup media. Please see our Privacy Policy for more information about removing your user data from our systems.

These Terms of Service are effective unless and until terminated by either you or Syl Carson, LLC. You may terminate these Terms of Service at any time by notifying us that you no longer wish to use our Services or when you cease using our App. However, if you cease using the services, those provisions of these Terms which by their nature extend beyond the expiration of a contractual agreement, including without limitation the indemnification obligations herein, the arbitration provisions herein, and the limitations of liability herein, will survive the termination of our relationship and remain in full force and effect.

SECTION 15 – ARBITRATION OF CLAIMS

By agreeing to the Terms, you agree that you are required to resolve any claim that you may have against Syl Carson, LLC, on an individual basis in arbitration, as set forth in this Arbitration Agreement. This will preclude you from bringing any class, collective, or representative action against Syl Carson, LLC, and also preclude you from participating in or recovering relief under any current or future class, collective, consolidated, or representative action brought against Syl Carson, LLC, by someone else.

Agreement to Binding Arbitration Between You and Syl Carson, LLC.

You and Syl Carson, LLC, agree that any dispute, claim, or controversy arising out of or relating to (a) these Terms or the existence, breach, termination, enforcement, interpretation, or validity thereof, or (b) your access to or use of the Services at any time, whether before or after the date you agreed to the Terms, will be settled by binding arbitration between you and Syl Carson, LLC, and not in a court of law.

You acknowledge and agree that you and Syl Carson, LLC, waive the right to a trial by jury or participate as a plaintiff or class member in any purported class action or representative proceeding. Unless both you and Syl Carson, LLC, otherwise agree in writing, any arbitration will be conducted only on an individual basis and not in a class, collective, consolidated, or representative proceeding. However, you and Syl Carson, LLC, each retain the right to bring an individual action in small claims court and the right to seek injunctive or other equitable relief in a court of competent jurisdiction to prevent the actual or threatened infringement, misappropriation or violation of a party’s copyrights, trademarks, trade secrets, patents or other intellectual property rights.

Rules and Governing Law.

The arbitration will be administered by the American Arbitration Association (“AAA”) in accordance with the AAA’s Consumer Arbitration Rules and the Supplementary Procedures for Consumer-Related Disputes (the “AAA Rules”) then in effect, except as modified by this Arbitration Agreement. The AAA Rules are available at www.adr.org/arb_med or by calling the AAA at 1-800-778-7879.

The parties agree that the arbitrator (“Arbitrator”), and not any federal, state, or local court or agency, shall have exclusive authority to resolve any disputes relating to the interpretation, applicability, enforceability, or formation of this Arbitration Agreement, including any claim that all or any part of this Arbitration Agreement is void or voidable. The Arbitrator shall also be responsible for determining all threshold arbitrability issues, including issues relating to whether the Terms are unconscionable or illusory and any defense to arbitration, including waiver, delay, laches, or estoppel.

Notwithstanding any choice of law or other provision in the Terms, the parties agree and acknowledge that this Arbitration Agreement evidences a transaction involving interstate commerce and that the Federal Arbitration Act, 9 U.S.C. § 1 et seq. (“FAA”), will govern its interpretation and enforcement and proceedings pursuant thereto. It is the intent of the parties that the FAA and AAA Rules shall preempt all state laws to the fullest extent permitted by law. If the FAA and AAA Rules are found to not apply to any issue that arises under this Arbitration Agreement or the enforcement thereof, then that issue shall be resolved under the laws of the state of California.

Process.

A party who desires to initiate arbitration must provide the other party with a written Demand for Arbitration as specified in the AAA Rules. (The AAA provides a form of Demand for Arbitration – Consumer Arbitration Rules at www.adr.org or by calling the AAA at 1-800-778-7879). The Arbitrator will be either (1) a retired judge or (2) an attorney specifically licensed to practice law in the state of Utah and will be selected by the parties from the AAA’s roster of consumer dispute arbitrators. If the parties are unable to agree upon an Arbitrator within seven (7) days of delivery of the Demand for Arbitration, then the AAA will appoint the Arbitrator in accordance with the AAA Rules.

Location and Procedure.

Unless you and Syl Carson, LLC, otherwise agree, the arbitration will be conducted in the county where you reside. If your claim does not exceed $10,000, then the arbitration will be conducted solely on the basis of documents you and Syl Carson, LLC submit to the Arbitrator unless you request a hearing or the Arbitrator determines that a hearing is necessary. If your claim exceeds $10,000, the AAA Rules will determine your right to a hearing. Subject to the AAA Rules, the Arbitrator will have the discretion to direct a reasonable exchange of information by the parties, consistent with the expedited nature of the arbitration.

Arbitrator’s Decision.

The Arbitrator will render an award within the time frame specified in the AAA Rules. Judgment on the arbitration award may be entered in any court with competent jurisdiction. The Arbitrator may award declaratory or injunctive relief only in favor of the claimant and only to the extent necessary to provide relief warranted by the claimant’s individual claim. An Arbitrator’s decision shall be final and binding on all parties. An Arbitrator’s decision and judgment thereon shall have no precedential or collateral estoppel effect. If you prevail in arbitration, you will be entitled to an award of attorney’s fees and expenses to the extent provided under applicable law. Syl Carson, LLC, will not seek and hereby waives all rights Syl Carson, LLC, may have under applicable law to recover attorneys’ fees and expenses if Syl Carson, LLC.

Fees.

You are responsible for paying any AAA filing, administrative, and arbitrator fees solely as set forth in the AAA Rules. However, if your claim for damages does not exceed $1,000, Syl Caron, LLC, will pay all such fees unless the Arbitrator finds that either the substance of your claim or the relief sought in your Demand for Arbitration was frivolous or was brought for an improper purpose (as measured by the standards set forth in Federal Rule of Civil Procedure 11(b)).

Changes.

Notwithstanding the above, regarding consent to be bound by amendments to these Terms, if Syl Carson, LLC, changes this Arbitration Agreement after the date you first agreed to the Terms (or to any subsequent changes to the Terms), you may reject any such change by providing Syl Carson, LLC, written notice of such rejection within 30 days of the date such change became effective, as indicated in the “Effective” date above. This written notice must be provided either (a) by mail or hand delivery to Syl Carson, LLC, 2230 N University Pkwy, STE 2E, Provo, UT 84604, or (b) by email from the email address associated with your Account to: namaste@bodhiyoga.com. To be effective, the notice must include your full name and clearly indicate your intent to reject changes to this Arbitration Agreement. By rejecting changes, you agree to arbitrate any dispute between you and Syl Carson, LLC, per the provisions of this Arbitration Agreement as of the date you first agreed to the Terms (or to any subsequent changes to the Terms).

OPT-OUT

You may opt out of the foregoing arbitration requirement by sending a written statement of your wish to opt out via postal mail at the contact address below within 30 days of your initial consent to these terms, as updated on August 9, 2024.

SECTION 16 – ENTIRE AGREEMENT

Syl Carson, LLC’s failure to exercise or enforce any right or provision of these Terms of Service shall not constitute a waiver of such right or provision.

The Terms and any rights and licenses granted hereunder may not be transferred or assigned by you without Syl Carson, LLC’s prior written consent but may be assigned by Syl Carson, LLC, without restriction. Any assignment attempted to be made in violation of these Terms shall be void. These Terms shall be binding upon and inure to the benefit of the parties hereto and their permitted successors, heirs, and assigns.

You agree that no joint venture, partnership, employment, or agency relationship exists between you and Syl Carson, LLC, as a result of these Terms or your use of the Services.

These Terms constitute the entire agreement between you and Syl Carson, LLC, with respect to the use of the Moon Chakras App and Services. Your use of the App is also subject to the Syl Carson, LLC, Privacy Policy. If any provision of these Terms is found to be invalid by any court having competent jurisdiction, the invalidity of such provision shall not affect the validity of the remaining provisions, which shall remain in full force and effect. No waiver of any of these Terms shall be deemed a further or continuing waiver of such term or condition or any other term or condition.

How You Can Contact Us

If you have questions or comments about these Terms of Service or questions about your privacy, please email us at hello@sylcarson.com.

You can also reach us by mail, including to opt-out of arbitration to resolve disputes, at:

Syl Carson, LLC
2230 N University Pkwy STE 2E
Provo, UT 84604

SECTION 17 – GOVERNING LAW

These Terms of Service and any separate agreements whereby we provide you Services shall be governed by and construed in accordance with the laws of Utah. Any disputes arising hereunder shall be arbitrated and/or adjudicated in the state and federal courts having jurisdiction over Provo, Utah.

These Terms were last updated on August 9, 2024.