This following outlines the Terms of Service (in conjunction with the CARAVAN Privacy Tenants, (the “Terms of Service”). The Terms of Service is a binding contract between you, an individual user (“you”) and WELLNS LLC. and its subsidiaries, representatives, affiliates, officers, and directors (collectively, “All In One Wellbeing,” “Health of Child,” “Financial Wellness Global,” “CARAVAN Wellness,” “CARAVAN,” “we,” “us” or “our”) governing your use of the videos, classes, programs, articles, images, rituals challenges, and other digital media that CARAVAN Wellness makes available for you, the related website located at www.caravanwellness.com and any other online properties owned or controlled by or on behalf of CARAVAN Wellness (the “Service”).
购买或被授予会员资格，或安装、访问或使用本服务，即表示您已阅读、理解并同意接受本服务条款的约束。如果您不同意本文件的条款，则不得使用本服务。
THE SERVICE CONTAINS PHYSICAL ACTIVITIES, MENTAL HEALTH AND HEALTH ORIENTED INFORMATION, PRODUCTS AND SERVICES. AS SUCH, EVERYONE, REGARDLESS OF THE SHAPE THEY ARE IN, SHOULD CONSULT A PHYSICIAN OR OTHER QUALIFIED HEALTH CARE PROVIDER, FINANCIAL OR LEGAL ADVISOR, BEFORE STARTING OR MODIFYING ANY PROGRAM, BASED ON EACH INDIVIDUAL’S CONDITIONS AND CIRCUMSTANCES. A PHYSICIAN OR OTHER QUALIFIED HEALTH CARE PROVIDER CAN HELP DETERMINE WHAT TYPE OF CLASS, THE FREQUENCY, AND THE INTENSITY THAT IS APPROPRIATE FOR EACH INDIVIDUAL. OF COURSE, ALWAYS USE COMMON SENSE WHEN PRACTICING. STOP PRACTICING IMMEDIATELY IF YOU EXPERIENCE SHORTNESS OF BREATH, DIZZINESS, DISCOMFORT OR PAIN.
您有责任谨慎使用本服务，目测街道、道路、路标和指示，随时注意周围环境，留意可能无法预见的障碍物，在使用本服务时不要分心，确保使用本服务的设备的音量不会提高到遮挡周围环境或损害听力的程度。
如需获得服务条款和 Caravan Wellness 隐私政策的副本，请通过[email protected] 与 Caravan Wellness 联系。
重要条款：根据本服务条款的详细规定（但不限制本服务条款的明文规定），您承认以下内容：
- 本服务是许可而非出售给您的，您只能按照本服务条款的规定使用本服务；
- 使用本服务的风险由您自行承担，在开始使用本服务之前，您应咨询医生或其他健康或心理护理专业人士；
- 服务的使用可能受单独的第三方服务条款和费用的约束，包括但不限于您的移动网络运营商（"运营商运营商"）的服务条款和费用，包括数据使用费和超额费用，由您自行承担；
- you consent to the collection, use, and disclosure of your personally identifiable information in accordance with CARAVAN Wellness’ Privacy Policy available at http://www.caravanwellness.com/privacy-policy/(“Privacy Policy”);
- disputes arising between you and CARAVAN Wellness will be resolved by binding arbitration. BY ACCEPTING THIS TERMS OF SERVICE, AS PROVIDED IN GREATER DETAIL IN SECTION 11 BELOW, YOU AND CARAVAN WELLNESS ARE EACH WAIVING THE RIGHT TO A TRIAL BY JURY OR TO PARTICIPATE IN A CLASS ACTION;
- 如果您在 "服务 "上发布（定义见下文第 6.a 条）任何有异议的内容（定义见下文第 6.g 条），则我们可以（但无义务）自行决定采取我们认为在此情况下必要和/或适当的任何补救措施，例如但不限于暂停或终止您的帐户（定义见下文第 3.a 条）、从 "服务 "上删除您的所有用户内容（定义见下文第 6.a 条）和/或直接或间接地将您报告给执法机关。
1.一般条款和条件。
a. Changes to the Terms of Service. You understand and agree that we may change the Terms of Service at any time without prior notice; provided that we will endeavor to provide you with prior notice of any material changes that may apply to you, including through the posting of a revised Terms of Service that you may be required to accept in order to continue using the Service. You may read a current, effective copy of the Terms of Service at any time by selecting the appropriate link on the Service. The revised Terms of Service will become effective at the time of posting unless specified otherwise. Any use of the Service after the effective date will constitute your acceptance of such revised Terms of Service. If you find any change to the Terms of Service or the Service unacceptable, then your sole remedy is to stop accessing, browsing, and otherwise using the Service. The terms of the Terms of Service will govern any updates CARAVAN Wellness provides to you that replace and/or supplement any portion of the Service, unless the upgrade is accompanied by a separate license or revised Terms of Service, in which case the terms of that license or revised Terms of Service will govern. Notwithstanding the preceding sentences of this Section 1.a, no revisions to this Terms of Service will apply to any dispute between you and CARAVAN Wellness that arose prior to the effective date of such revision.
b. Privacy Policy. Your access to and use of the Service is also subject to CARAVAN Wellness’s Privacy Policy, the terms and conditions of which are incorporated herein by reference.
c. Jurisdictional Issues. The Service is controlled and operated by CARAVAN Wellness from its offices in the State of New York. CARAVAN Wellness makes no representation that materials on the Service are appropriate, lawful, or available for use in any locations other than the United States of America. Those who choose to access or use the Service from locations outside the United States of America do so on their own initiative and are responsible for compliance with local laws, if and to the extent local laws are applicable. Access to the Service from jurisdictions where the contents or practices of the Service are illegal, unauthorized, or penalized is strictly prohibited.
d.资格。本服务不适用于 13 岁以下的用户，也不适用于之前被 Caravan Wellness 暂停或从本服务中删除的任何用户。如果您未满 13 周岁，则不得在任何时候以任何方式使用或访问本服务。关于儿童用户和与 "儿童健康 "相关的服务，请参阅隐私政策和条款。此外，通过访问或使用本服务，您确认您已年满 18 周岁，或您已获得年满 18 周岁的父母或法定监护人授权使用本服务。
2.服务。
a.说明。本服务为您提供访问视频或参加运动和教育课程的机会，包括录制和直播课程、作为计划、活动、仪式或挑战一部分的课程、个人 1 对 1 视频聊天课程和小组视频课程（以下各称为 "课程"）。课程"），并接受教师和教练的某些有限指导，仅供您个人使用。课程适用于各种技能水平、各种活动和不同的持续时间，以满足您的特殊需求。并非所有课程都是永久提供的，课程可能会随时更改，无论通知与否，也无需对您承担任何责任。某些附加条款和条件可能适用于课程的使用，如个人 1 对 1 视频聊天课程或团体视频课程的使用，您在购买此类课程时同意接受附加条款和条件的约束。本服务提供的信息不能替代专业医疗建议或体检。医生或其他合格的医疗保健提供者可帮助确定适合每个人的课程类型、频率和强度。在开始或修改任何计划之前，和/或如果您患有任何既存病症、使用任何医疗设备（如起搏器或助听器）或怀孕，您应征求医生或其他合格医疗保健专业人员的建议，以确定您的健康状况是否足以练习，您选择的计划是否适合您，并对您的健康状况进行持续监测。您同意，在未咨询执业医师的情况下，本服务提供的任何信息均不得用于诊断、治疗、治愈或预防任何病症。练习时应始终保持水分充足，不要依赖 "服务 "通知您何时饮水。使用或依赖通过本服务获取的任何程序、技术、想法和建议，风险由您自行承担。大篷车明确声明不承担与您使用程序相关的任何责任。
使用本服务即表示您已阅读、理解并同意体育活动和医疗免责声明，详情请参见下文第 12 节。
b.移动服务。本服务可通过手机、平板电脑或任何其他智能或无线设备（统称 "移动服务"）访问。您的移动运营商的正常信息、数据及其他费率和费用将适用于您对移动服务的使用。此外，您的移动运营商可能禁止或限制下载、安装或使用某些移动服务，而且并非所有移动服务都适用于所有运营商或设备。因此，您应自行负责与您的移动运营商联系，以确定移动服务是否适用于您的移动设备、您使用移动服务时可能会受到哪些限制（如果有的话）以及费用。
3.注册。
a.登录凭证。虽然您可以随时浏览本服务的公共部分而无需向我们注册，但为了享受本服务的全部好处，您必须向我们注册一个账户（"账户"）。账户").
b. Account Security. You are responsible for the security of your Account, and are fully responsible for all activities that occur through the use of your credentials. You may not share the credentials for your Account with any third party. You agree to notify CARAVAN Wellness immediately at [email protected] if you suspect or know of any unauthorized use of your log-in credentials or any other breach of security with respect to your Account. CARAVAN Wellness will not be liable for any loss or damage arising from unauthorized use of your credentials prior to you notifying CARAVAN Wellness of such unauthorized use or loss of your credentials. Separate log-in credentials may be required to access External Sites (defined in Section 8 below).
c. Accuracy of Information. When creating an Account, you will provide true, accurate, current, and complete information as CARAVAN Wellness requests. You will update the information about yourself promptly, and as necessary, to keep it current and accurate. You must be a human to open an account. Accounts registered by “bots” or other automated methods are not permitted. We reserve the right to disallow, cancel, remove, or reassign certain usernames and permalinks in appropriate circumstances, as determined by us in our sole discretion, and may, with or without prior notice, suspend or terminate your Account if activities occur on your Account which, in our sole discretion, would or might constitute a violation of this Terms of Service, cause damage to or impair the Service, infringe or violate any third party rights, damage or bring into disrepute the reputation of CARAVAN Wellness, or violate any applicable laws or regulations. If messages sent to the e-mail address you provide are returned as undeliverable, then CARAVAN Wellness may terminate your Account immediately without notice to you and without any liability to you or any third party.
d. Marketing or Promotional Communication. We may use the email address you provide us when you create a CARAVAN account to share with you marketing or other promotional communications. By creating an account and providing us an email address, you agree to the use of your email address for these purposes. You may opt out of future marketing or promotional communications at any time by notifying CARAVAN Wellness at [email protected].
4.订阅和付款。
a.订阅。要享受本服务的全部权益，包括但不限于使用课程，您必须购买本服务的订阅。如果您购买了 "服务 "订阅，则应适用以下条款。
b. Automatically Renewable Subscriptions. BY PURCHASING A MONTHLY, SEMIANNUALLY OR ANNUALLY SUBSCRIPTION TO THE SERVICE, YOU AGREE THAT, ONCE YOUR SUBSCRIPTION EXPIRES, YOUR SUBSCRIPTION WILL AUTOMATICALLY RENEW FOR SUCCESSIVE MONTHLY, SEMIANNUALLY OR ANNUALLY PERIODS UNLESS AND UNTIL YOU CANCEL YOUR SUBSCRIPTION.
BY PURCHASING A LIFETIME SUBSCRIPTION YOU AGREE THAT ALL AMOUNTS ARE PAYABALE AND CHARGED AT THE TIME YOU PLACE YOUR ORDER AND THAT YOUR LIFETIME SUBSCRIPTION IS NON-TRANSFRABLE AND NON-REFUNDABLE. Your subscription may start with a free trial for a fixed period as specified at the time of sign up. Free trials are only available to new CARAVAN users, and are at the sole discretion of CARAVAN, and if you attempt to sign up for an additional free trial you will be immediately charged with the standard subscription price. We reserve the right to revoke your free trial at any time. Unless you cancel before the end of the trial period, your free trial will automatically roll over to a paid subscription. Any unused portion of your free trial period will be forfeited upon purchase of a subscription. Any trial offers or subscriptions will automatically rollover to a paid subscription unless cancelled at the end of the promotional period, or unless otherwise stated. We may offer special promotions, trials, discounts, offers, gift cards or coupons from time to time directly through CARAVAN or through third parties, subject to terms and conditions separate or in addition to those of CARAVAN. It is your responsibility to read and understand those terms and conditions.
c.取消。您可以随时取消订阅服务，取消后 Caravan Wellness 将不再续订。如对收费有异议，请联系[email protected]，取消或修改您的订阅。您必须在每月、每半年或每年续订之前取消订阅，以避免下一订阅期的费用账单。请注意，所有已付款项均不可退还和转让。此外，对于未使用的订购期、意外购买、医疗状况或任何类似原因或事件，我们不提供退款或信用额度，除非法律要求这样做。如果我们采取行动向您收取任何未支付的订购费，您将支付由此产生的所有费用（在完全赔偿的基础上）。
d.经常性费用。您授权 Caravan Wellness 通过我们的支付处理商为您存档的支付方式支付任何续订费用。我们将按照当时的月度、半年度或年度订购价格，加上任何适用的税费，向您收取相同订购计划（或最相似的订购计划，如果您之前的计划不再可用）的费用。我们将使用与您当前订购相同的计费周期处理您的任何续订付款。换句话说，如果我们在每月 20 日处理您当前订购的付款，那么我们将继续在该日处理您任何续订订购的付款。在适用法律允许的最大范围内，续订时可能适用其他条款和条件，订阅费用也可能随时更改。
e. Changes to Price Terms for Subscriptions. CARAVAN reserves the right to change its pricing terms for subscriptions at any time and CARAVAN will notify you in advance of such changes becoming effective. Changes to the pricing terms will not apply retroactively and will only apply for subscription renewals after such changed pricing terms have been communicated to you. If you do not agree with the changes to CARAVAN’s pricing terms then you may choose not to renew your subscription in accordance with the section Cancellation.
f. Future Functionality. You agree that your purchases are not contingent on the delivery of any future functionality or features, or dependent on any oral or written public comments made by CARAVAN regarding future functionality or features.
g. Price Promotions. At the end of any promotion, CARAVAN may, at its sole discretion, revert a member’s price per period to the current standard pricing for that membership type. CARAVAN may also discontinue certain pricing promotions at any time at its sole discretion.
h.第三方订阅。如果您通过雇主等第三方（"第三方订阅者"）获得服务访问权，您对服务的使用和访问可能受第三方订阅者签订的协议条款以及本使用条款的约束。详情请咨询第三方用户。
5.知识产权。
a. License. The Service is licensed, not sold, to you for use only under the terms of this Agreement. CARAVAN Wellness reserves all rights not expressly granted to you. Subject to your complete and ongoing compliance with this Agreement, CARAVAN Wellness hereby grants you a personal, limited, revocable, non-transferable license to access and use the Service solely for your personal, non-commercial use.
b. Content. Except for User Content, the content that CARAVAN Wellness provides to end users on or through the Service, including without limitation, any Class (including the programming of such Class), text, graphics, photos, software, sound recordings (and the musical works embodied therein), and interactive features, may be protected by copyright or other intellectual property rights and owned by CARAVAN Wellness or its third party licensors (collectively, the “CARAVAN Wellness Content”). You may not copy, reproduce, upload, republish, broadcast, transmit, retransmit, post, create derivative works of, publicly perform, publicly display, use for commercial purpose or distribute any materials from the Service in any way without prior express written permission of the copyright owner of such material or as otherwise specified in this Agreement or permitted by the Service’s intended functionalities. You may not modify or use any materials obtained from or available through the Service unless you have obtained the applicable copyright owner’s prior express written authorization. CARAVAN Wellness owns all design rights, databases, compilation and other intellectual property rights in and to the Service, in each case whether registered or unregistered, and all related goodwill.
c. Marks. CARAVAN Wellness trademarks, service marks, and logos (the “CARAVAN Wellness Trademarks”) used and displayed on the Service are CARAVAN Wellness’s registered and unregistered trademarks or service marks. Other product and service names located on the Service may be trademarks or service marks owned by third parties (the “Third-Party Trademarks,” and, collectively with CARAVAN Wellness Trademarks, the “Trademarks”). Except as otherwise permitted by law, you may not use the Trademarks to disparage CARAVAN Wellness or the applicable third-party, CARAVAN Wellness’s or a third-party’s products or services, or in any manner (using commercially reasonable judgment) that may damage any goodwill in the Trademarks. You may not use any Trademarks as part of a link to or from the Service without CARAVAN Wellness’s prior express written consent. You may not remove any Trademarks identifying the ownership or origin of any CARAVAN Wellness Content. All goodwill generated from the use of any CARAVAN Wellness Trademark will inure solely to CARAVAN Wellness’s benefit.
d. Restrictions. CARAVAN Wellness hereby reserves all rights not expressly granted to you in this Section 5. Accordingly, nothing in this Terms of Service or on the Service will be construed as granting to you, by implication, estoppel, or otherwise, any additional license rights in and to the Service or any CARAVAN Wellness Content or Trademarks located or displayed therein.
6.用户内容。
a. Definition. “User Content” means any content that users upload, post or transmit (collectively, “Post”) to or through the Service including, without limitation, any comments and other works subject to protection under the laws of the United States or any other jurisdiction, including, but not limited to, patent, trademark, trade secret, and copyright laws, and excludes any and all CARAVAN Wellness Content.
b. Screening User Content. CARAVAN Wellness offers end users the ability to submit User Content to or transmit User Content through the Service. CARAVAN Wellness does not pre-screen any User Content, but reserves the right to remove, disallow, block, or delete any User Content in its sole discretion. In addition, we have the right – but not the obligation – in our sole discretion to remove, disallow, block or delete any User Content (i) that we consider to violate this Terms of Service or applicable law or otherwise constitute Objectionable Content (as defined below); or (ii) in response to complaints from other users or licensors of any CARAVAN Wellness Content, with or without notice and without any liability to you. Without limiting the preceding sentences of this Section, CARAVAN Wellness also has the right – but not the obligation – to take remedial action in connection with any Objectionable Content Posted on the Service as described more fully in Section 6.g below. CARAVAN Wellness does not guarantee the accuracy, integrity, appropriateness, availability, or quality of any User Content, and under no circumstances will CARAVAN Wellness be liable in any way for any User Content.
c.知识产权。在您的用户内容中包含的任何已有内容的任何第三方权利的限制下，您保留您对您的用户内容可能拥有的任何权利的所有权，向服务提交您的用户内容并不意味着您的权利所有权的转移。
d. Licenses to User Content. You hereby grant CARAVAN Wellness an unrestricted, assignable, sublicensable, revocable, royalty-free license throughout the universe to reproduce, distribute, publicly display, communicate to the public, publicly perform (including by means of digital audio transmissions and on a through-to-the-audience basis), make available, create derivative works from, retransmit from External Sites, and otherwise exploit and use (collectively, “Use”) all or any part of all User Content you Post to or through the Service by any means and through any media and formats now known or hereafter developed, for the purposes of (i) advertising, marketing, and promoting CARAVAN Wellness and the Service; (ii) displaying and sharing your User Content to other users of the Service; and (iii) providing the Service as authorized by the Terms of Service. You further grant CARAVAN Wellness a royalty-free license to use your user name, image, voice, and likeness to identify you as the source of any of your User Content. You must not post any User Content on or through the Service or transmit to CARAVAN Wellness any User Content that you consider to be confidential or proprietary. Any User Content posted by you to or through the Service or transmitted to CARAVAN Wellness will be considered non-confidential and non-proprietary, and treated as such by CARAVAN Wellness, and may be used by CARAVAN Wellness in accordance with the Terms of Service without notice to you and without any liability to CARAVAN Wellness.
e.您必须对您发布的内容拥有权利。如果您不是用户内容的版权所有者，或未获得充分授权以授予您打算张贴到 "服务 "上的用户内容的所有元素的权利，您不得将任何用户内容张贴到 "服务 "上。您声明并保证(i) 您拥有在 "服务 "上或通过 "服务 "发布的 "用户内容"，或有权授予本 "服务条款 "中规定的许可；(ii) 在 "服务 "上或通过 "服务 "发布和使用您的 "用户内容 "不会侵犯任何人的隐私权、宣传权、版权、合同权、知识产权或任何其他权利，包括但不限于您的 "用户内容 "中可见的任何人的权利；(iii) 在 "服务 "上发布您的 "用户内容 "不会要求我们从任何第三方获得任何进一步的许可，或支付任何版税、费用、补偿或其他款项，或向任何第三方提供任何归属；且 (iv) 在 "服务 "上发布您的 "用户内容 "不会导致您与第三方之间的违约。您同意支付因您在 "服务 "上发布用户内容而欠任何人的所有款项。
f.放弃对用户内容的权利。向或通过 "服务 "发布 "用户内容"，即表示您放弃事先检查或批准与此类 "用户内容 "相关的任何营销或促销材料的权利。您还放弃与您的用户内容或其任何部分相关的任何及所有隐私权、宣传权或任何其他类似性质的权利。在任何精神权利不可转让或让与的范围内，您特此放弃并同意永远不主张任何及所有精神权利，或支持、维护或允许基于您可能在您张贴到或通过服务张贴的任何用户内容中或与之相关的任何精神权利而采取的任何行动。
g.可反对的内容。
You are not permitted to, and agree not to, post any User Content to the Service that is or could be interpreted to be (i) abusive, bullying, defamatory, harassing, harmful, hateful, inaccurate, infringing, libelous, objectionable, obscene, offensive, pornographic, shocking, threatening, unlawful, violent, vulgar, or in violation of any applicable laws (including laws related to speech); or (ii) promoting any product, good, or service, or bigotry, discrimination, hatred, intolerance, racism, or inciting violence (including suicide) (collectively, “Objectionable Content”). The posting of any Objectionable Content may subject you to third party claims and none of the rights granted to you in this Terms of Service may be raised as a defense against any third party claims arising from your posting of Objectionable Content. You also agree not to use the Service for illegal or unlawful purposes. If you encounter any Objectionable Content on the Service, then please immediately email CARAVAN Wellness at [email protected]. You acknowledge and agree that CARAVAN Wellness provides you with the ability to report Objectionable Content as a courtesy, and CARAVAN Wellness has no obligation to remove or take any other action with respect to any Objectionable Content on the Service that you report to us. However, CARAVAN Wellness in its sole discretion may take any actions it deems necessary and/or appropriate against any User who posts Objectionable Content on the Service, including, but not limited to, warning the User, suspending or terminating the user’s Account, removing all of the user’s User Content posted on the Service, and/or reporting the user to law enforcement or other authorities, either directly or indirectly.
h. No Liability. For the avoidance of doubt, CARAVAN Wellness will not be liable for any unauthorized use of User Content by any end user.
7.服务使用限制。
a.除本服务条款中规定的任何其他限制外，在不限制这些限制的前提下，使用本服务时，您同意不（且不试图）： 1：
i. make unauthorized copies or derivative works of any content made available on or through the Service, including, but not limited to, CARAVAN Wellness Content;
ii. 使用任何设备、软件或例行程序干扰或试图干扰 "服务 "的正常工作或在 "服务 "上进行的任何活动；
iii. 试图破译、反编译、反汇编或逆向工程构成或组成本服务的任何软件或源代码；
iv. delete or alter any material CARAVAN Wellness or any other person or entity posts on the Service;
v. 框定或链接 "服务 "上提供的任何材料或信息；
vi. 更改、污损、篡改或以其他方式绕过提供本服务所使用的任何经批准的软件；
vii. use any trademarks, service marks, design marks, logos, photographs, or other content belonging to CARAVAN Wellness or obtained from the Service;
viii. access, tamper with, or use non-public areas of the Service, CARAVAN Wellness’ (and its hosting company’s) computer systems and infrastructure, or the technical delivery systems of CARAVAN Wellness’ providers;
ix. provide any false personal information to CARAVAN Wellness;
x. 以任何方式创建虚假身份或冒充他人或实体；
xi. create a new account with CARAVAN Wellness, without CARAVAN Wellness’s express written consent, if CARAVAN Wellness has previously disabled an account of yours;
xii. 向本服务的其他用户索取或试图索取个人信息；
xiii. 限制、阻止或禁止任何人使用 "服务"，未经第三者同意披露其在 "服务 "中或从 "服务 "中获得的个人信息，或收集 "服务 "用户的信息；
xiv. 使用本服务向要求您不要向其发送通讯的人发送电子邮件或其他通讯；
xv. use the Service, without CARAVAN Wellness’s express written consent, for any commercial or unauthorized purpose, including communicating or facilitating any commercial advertisement or solicitation or spamming or by gaining access to the Service by misrepresenting your commercial intentions.;
xvi. 未经授权访问 "服务"、其他用户的账户、姓名或个人身份信息，或连接或链接到 "服务 "的其他计算机或网站；
xvii.张贴任何病毒、蠕虫、间谍软件或任何其他计算机代码、文件或程序，可能或意图使任何硬件、软件或电信设备或服务的任何其他方面或连接到服务的通信设备和计算机无法运行、负担过重、受损、损坏或劫持；
xviii. 干扰或破坏本服务、与本服务相连的网络或服务器，或违反这些网络或服务器的规定、政策或程序；或
违反任何适用的联邦、州或地方法律法规或本服务条款的规定。
8. External Sites. The Service may contain links to, or the ability to share information with, third party websites (“External Sites”). CARAVAN Wellness does not endorse any External Sites or the content made available on such External Sites. All External Sites and any content thereon is developed and provided by others. You should contact the site administrator or Webmaster for those External Sites if you have any concerns regarding such content located on such External Sites. CARAVAN Wellness is not responsible for the content of any External Sites and does not make any representations regarding the content or accuracy of any materials on such External Sites. You should take precautions when downloading files from all websites to protect your computer and mobile devices from viruses and other destructive programs. If you decide to access any External Sites, purchase any content from External Sites or subscribe to services offered by such External Site, then you do so at your own risk. You agree that CARAVAN Wellness will have no liability to you arising from your use, engagement, exposure to, or interaction with any External Sites.
9. Feedback. While we are continually working to develop and evaluate our own product ideas and features, we know we don’t have all the answers. We therefore welcome your feedback, comments, reviews, and suggestions. If you choose to contribute by sending CARAVAN Wellness or our employees any ideas for products, services, features, modifications, enhancements, content, refinements, technologies, content offerings (such as audio, visual, games, or other types of content), promotions, strategies, or product/feature names, or any related documentation, artwork, computer code, diagrams, or other materials (collectively “Feedback”), then regardless of what your accompanying communication may say, the following terms will apply, so that future misunderstandings can be avoided. Accordingly, by sending Feedback to CARAVAN Wellness, you agree that:
a. CARAVAN Wellness has no obligation to review, consider, or implement your Feedback, or to return to you all or part of any Feedback for any reason;
b. Feedback is provided on a non-confidential basis, and CARAVAN Wellness is not under any obligation to keep any Feedback you send confidential or to refrain from using or disclosing it in any way; and
c. You irrevocably grant CARAVAN Wellness perpetual and unlimited permission to use the Feedback and derivatives thereof for any purpose and without restriction, free of charge and without attribution of any kind, including by making, using, selling, offering for sale, importing, and promoting commercial products and services that incorporate or embody Feedback, whether in whole or in part, and whether as provided or as modified.
10.版权或其他知识产权侵权索赔的通知和程序。
a. Respect of Third Party Rights. CARAVAN Wellness respects the intellectual property of others and takes the protection of intellectual property very seriously, and we ask our users to do the same. Infringing activity will not be tolerated on or through the Service.
b. Repeat Infringer Policy. CARAVAN Wellness’s intellectual property policy is to (i) remove or disable access to material that CARAVAN Wellness believes in good faith, upon notice from an intellectual property owner or his or her agent, is infringing the intellectual property of a third party by being made available through the Service; and (ii) remove any User Content uploaded to the Service by “repeat infringers.” CARAVAN Wellness considers a “repeat infringer” to be any user that has uploaded User Content or Feedback to or through the Service and for whom CARAVAN Wellness has received more than two takedown notices compliant with the provisions of 17 U.S.C. § 512 with respect to such User Content or Feedback. CARAVAN Wellness has discretion, however, to terminate the Account of any user after receipt of a single notification of claimed infringement or upon CARAVAN Wellness’s own determination.
c. Procedure for Reporting Claimed Infringement. If you believe that any content made available on or through the Service has been used or exploited in a manner that infringes an intellectual property right you own or control, then please promptly send a “Notification of Claimed Infringement” containing the following information to the Designated Agent identified below. Your Notification of Claimed Infringement may be shared by CARAVAN Wellness with the user alleged to have infringed a right you own or control, and you hereby consent to CARAVAN Wellness making such disclosure. Your communication must include substantially the following:
i.经授权代表涉嫌侵权作品所有者的人的物理或电子签名；
ii.被侵权作品或材料的标识，或者，如果一份通知涉及多项作品，则提供一份有代表性的作品清单；
iii. Identification of the specific 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 CARAVAN Wellness to locate the material;
iv. Information reasonably sufficient to permit CARAVAN Wellness to contact you, such as an address, telephone number, and, if available, an electronic mail address at which you may be contacted;
v.一份声明，表明您有充分理由相信，以被投诉的方式使用材料未经版权所有者、其代理人或法律授权；以及
vi.声明通知中的信息准确无误，并在作伪证的情况下，声明您已被授权代表涉嫌侵权的专有权所有者行事。
您应咨询自己的律师和/或参阅《美国法典》第 17 编第 512 条，以确认您有义务提供有效的侵权通知。
d. Designated Agent Contact Information. CARAVAN Wellness’ designated agent for receipt of Notifications of Claimed Infringement (the “Designated Agent”) can be contacted at:
Via E-mail: [email protected].
Via U.S. Mail: CARAVAN Wellness – 6 Saint Johns Lane, New York, NY 10013
e. Counter Notification. If you receive a notification from CARAVAN Wellness that material made available by you on or through the Service has been the subject of a Notification of Claimed Infringement, then you will have the right to provide CARAVAN Wellness with what is called a “Counter Notification.” To be effective, a Counter Notification must be in writing, provided to CARAVAN Wellness’s Designated Agent through one of the methods identified in Section 10.d and include substantially the following information:
i.用户的物理或电子签名；
ii.被删除或被禁止访问的资料的标识，以及资料被删除或被禁止访问前的位置；
iii.根据伪证处罚规定作出的声明，即用户真诚地认为，材料被移除或禁用是由于错误或误认了要移除或禁用的材料；以及
iv. The subscriber’s name, address, and telephone number, and a statement that the subscriber consents to the jurisdiction of Federal District Court for the judicial district in which the address is located, or if the subscriber’s address is outside of the United States, then for any judicial district in which CARAVAN Wellness may be found, and that the subscriber will accept service of process from the person who provided notification under Section 10.d above or an agent of such person.
提交反通知的一方应咨询律师或参阅《美国法典》第 17 编第 512 条，以确认该方有义务根据《版权法》提供有效的反通知。
f. Reposting of Content Subject to a Counter Notification. If you submit a Counter Notification to CARAVAN Wellness in response to a Notification of Claimed Infringement, then CARAVAN Wellness will promptly provide the person who provided the Notification of Claimed Infringement with a copy of your Counter Notification and inform that person that CARAVAN Wellness will replace the removed User Content or Feedback or cease disabling access to it in 10 business days, and CARAVAN Wellness will replace the removed User Content or Feedback and cease disabling access to it not less than 10, nor more than 14, business days following receipt of the Counter Notification, unless CARAVAN Wellness’s Designated Agent receives notice from the party that submitted the Notification of Claimed Infringement that such person has filed an action seeking a court order to restrain the user from engaging in infringing activity relating to the material on CARAVAN Wellness’s system or network.
g.虚假的侵权通知或反通知。版权法》规定
[a]ny person who knowingly materially misrepresents under [Section 512 of the Copyright Act (17 U.S.C. § 512)] (1) that material or activity is infringing, or (2) that material or activity was removed or disabled by mistake or misidentification, will be liable for any damages, including costs and attorneys’ fees, incurred by the alleged infringer, by any copyright owner or copyright owner’s authorized licensee, or by a service provider, who is injured by such misrepresentation, as the result of [CARAVAN Wellness] relying upon such misrepresentation in removing or disabling access to the material or activity claimed to be infringing, or in replacing the removed material or ceasing to disable access to it.
美国法典》第 17 卷第 512(f)条。
CARAVAN Wellness reserves the right to seek damages from any party that submits a Notification of Claimed Infringement or Counter Notification in violation of the law.
11.争议解决。
a. General. In the interest of resolving disputes between you and CARAVAN Wellness in the most expedient and cost effective manner, you and CARAVAN Wellness agree that any dispute arising out of or in any way related to this Terms of Service or your use of the Service will be resolved by binding arbitration. Arbitration is less formal than a lawsuit in court. Arbitration uses a neutral arbitrator instead of a judge or jury, may allow for more limited discovery than in court, and can be subject to very limited review by courts. Arbitrators can award the same damages and relief that a court can award. This agreement to arbitrate disputes includes all claims arising out of or in any way related to this Terms of Service or your use of the Service, whether based in contract, tort, statute, fraud, misrepresentation, or any other legal theory, and regardless of whether a claim arises during or after the termination of this TERMS OF SERVICE. YOU UNDERSTAND AND AGREE THAT, BY ENTERING INTO THIS TERMS OF SERVICE, YOU AND CARAVAN WELLNESS ARE EACH WAIVING THE RIGHT TO A TRIAL BY JURY OR TO PARTICIPATE IN A CLASS ACTION AND THAT THIS AGREEMENT SHALL BE SUBJECT TO AND GOVERNED BY THE FEDERAL ARBITRATION ACT.
b.例外。尽管有上述第 11.a 条的规定，但本服务条款中的任何内容均不得视为放弃、排除或以其他方式限制任何一方的以下权利(i) 向小额索赔法院提起个人诉讼；(ii) 通过适用的联邦、州或地方机构提起强制执行诉讼（如果可以提起该诉讼）；(iii) 向有管辖权的法院寻求禁令救济以协助仲裁；或 (iv) 向法院提起诉讼以处理知识产权侵权索赔。
c. Arbitrator. Any arbitration between you and CARAVAN Wellness will be governed by the Federal Arbitration Act and the Commercial Dispute Resolution Procedures and Supplementary Procedures for Consumer Related Disputes (collectively, “AAA Rules”) of the American Arbitration Association (“AAA”), as modified by this Terms of Service, and will be administered by the AAA. The AAA Rules and filing forms are available online at www.adr.org, by calling the AAA at 1-800-778-7879, or by contacting CARAVAN Wellness. The arbitrator has exclusive authority to resolve any dispute relating to the interpretation, applicability, or enforceability of this binding arbitration agreement.
d. Notice; Process. A party who intends to seek arbitration must first send a written notice of the dispute to the other party by U.S. Mail (“Notice”). CARAVAN Wellness’s address for Notice is: CARAVAN Wellness – 6 Saint Johns Lane, New York, NY 10013, Attn: General Manager. The Notice must: (i) describe the nature and basis of the claim or dispute; and (ii) set forth the specific relief sought (“Demand”). The parties will make good faith efforts to resolve the claim directly, but if the parties do not reach an agreement to do so within 30 days after the Notice is received, you or CARAVAN Wellness may commence an arbitration proceeding. During the arbitration, the amount of any settlement offer made by you or CARAVAN Wellness must not be disclosed to the arbitrator until after the arbitrator makes a final decision and award, if any. If the dispute is finally resolved through arbitration in your favor with a monetary award that exceeds the last written settlement amount offered by CARAVAN Wellness prior to selection of an arbitrator, CARAVAN Wellness will pay you the highest of the following: (1) the amount awarded by the arbitrator, if any; (2) the last written settlement amount offered by CARAVAN Wellness in settlement of the dispute prior to the arbitrator’s award; or (3) $15,000.
e. Fees. If you commence arbitration in accordance with this Terms of Service, CARAVAN Wellness will reimburse you for your payment of the filing fee, unless your claim is for more than $15,000 or as set forth below, in which case the payment of any fees will be decided by the AAA Rules. Any arbitration hearing will take place at a location to be agreed upon in New York, New York, but if the claim is for $15,000 or less, you may choose whether the arbitration will be conducted: (i) solely on the basis of documents submitted to the arbitrator; (ii) through a non-appearance based telephone hearing; or (iii) by an in-person hearing as established by the AAA Rules in the county (or parish) of your billing address. If the arbitrator finds that either the substance of your claim or the relief sought in the Demand is frivolous or brought for an improper purpose (as measured by the standards set forth in Federal Rule of Civil Procedure 11(b)), then the payment of all fees will be governed by the AAA Rules. In that case, you agree to reimburse CARAVAN Wellness for all monies previously disbursed by it that are otherwise your obligation to pay under the AAA Rules. Regardless of the manner in which the arbitration is conducted, the arbitrator must issue a reasoned written decision sufficient to explain the essential findings and conclusions on which the decision and award, if any, are based. Each party agrees that such written decision, and information exchanged during arbitration, will be kept confidential except to the extent necessary to enforce or permit limited judicial review of the award. The arbitrator may make rulings and resolve disputes as to the payment and reimbursement of fees or expenses at any time during the proceeding and upon request from either party made within 14 days of the arbitrator’s ruling on the merits.
f. No Class Actions. YOU AND CARAVAN WELLNESS AGREE THAT EACH MAY BRING CLAIMS AGAINST THE OTHER ONLY IN YOUR OR ITS INDIVIDUAL CAPACITY AND NOT AS A PLAINTIFF OR CLASS MEMBER IN ANY PURPORTED CLASS OR REPRESENTATIVE PROCEEDING. Further, unless both you and CARAVAN Wellness 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.
g. Modifications to this Arbitration Provision. Except as otherwise provided in this Terms of Service, if CARAVAN Wellness makes any future change to this arbitration provision, other than a change to CARAVAN Wellness’s address for Notice, then you may reject the change by sending us written notice within 30 days of the change to CARAVAN Wellness’s address for Notice, in which case this arbitration provision, as in effect immediately prior to the changes you rejected, will continue to govern any disputes between you and CARAVAN Wellness.
h.可执行性。如果上述第 11.f 节被认定为不可执行，或者本第 11 节全文被认定为不可执行，则本第 11 节全文无效。
12. Disclaimer. If you have any health or medical condition or are thinking about starting an exercise or mental program or engaging in strenuous or unusual physical or mental activity, you should consult your doctor or healthcare provider first. WITHOUT LIMITATION OF ANY OTHER TERMS IN THIS TERMS OF SERVICE, WE DO NOT MAKE ANY REPRESENTATIONS OR WARRANTIES THAT THE SERVICE IS INTENDED TO AND/OR DOES DIAGNOSE, TREAT, CURE, OR PREVENT ANY MEDICAL DISORDERS, ALLERGIES, OR OTHER CONDITIONS, AND YOU HEREBY ACKNOWLEDGE THIS DISCLAIMER AND THAT WE ARE NOT ENGAGED IN PROVIDING YOU WITH A MEDICAL DEVICE, MEDICAL ADVICE, AND/OR HEALTHCARE SERVICES, FINANCIAL ADVICE, AND/OR LEGAL ADVICE BY PROVIDING YOU WITH ACCESS TO THE SERVICE. You should consult with a licensed medical or fitness professional if you have any questions regarding your physical fitness or mental health routine. We are not responsible in any way for any liability for damage, loss, cost, or health problems or injuries, including, without limitation, incapacity or death, which may result from or be related to your use of or inability to use the Service. CARAVAN Wellness is not a healthcare or medical device provider, financial or legal advisor, nor should our Service be considered medical, financial, or legal advice. CARAVAN Wellness makes no claims, representations, or guarantees that the Service provides a therapeutic benefit. Any information, education, and links related to the Service, whether provided by CARAVAN Wellness, affiliates, or by outside providers, is provided simply for your convenience. Any advice or other materials in the Service are intended for general information purposes only. They are not intended to be relied upon and are not a substitute for professional medical, mental, financial, tax, investment, or legal advice based on your individual conditions and circumstances. The advice and other materials we make available are intended to support the relationship between you and your healthcare, legal, or financial providers and not replace it. We are not liable or responsible for any consequences of your having read or been told about such advice or other materials, as you assume full responsibility for your decisions and actions. In particular, to the fullest extent permitted by law, we make no representations or warranties about the accuracy, completeness, or suitability for any purpose of the advice, other materials, and information published as part of the Service.
13.责任限制和免责声明。本第 13 条中的以下条款在法律允许的最大范围内适用：
a.Caravan Wellness、其关联公司及其各自的高级职员、董事、雇员、代理、供应商和许可方（统称为 "CARAVAN WELLNESS 各方Caravan Wellness 各方")对本服务及本服务提供的任何内容（包括课程）不作任何保证或陈述，包括但不限于其准确性、可靠性、完整性、适当性、及时性或可靠性。Caravan Wellness 方不对服务上的任何内容或传达给任何用户的任何其他信息的真实性、准确性或完整性负责，也不对其中的错误、失误或遗漏负责，也不对任何原因造成的数据或信息流的延迟或中断负责。作为用户，您同意自行承担使用本服务及其任何内容的风险。您应对上传到本服务的所有内容负全部责任。
b.CARAVAN WELLNESS方不保证服务运行无误，也不保证服务及其任何内容（包括礼品）无计算机病毒或类似的污染或破坏性特征。如果您使用本服务或任何内容导致需要维修或更换设备或数据，则Caravan Wellness方不承担这些费用。
c.本服务及其所有内容（包括课程）均按 "原样 "和 "现有 "提供，不提供任何形式的保证。因此，Caravan Wellness 方不提供任何担保，包括但不限于所有权担保、适销性担保、不侵犯第三方权利担保以及特定用途适用性担保。
d.在任何情况下，caravan wellness方均不对任何特殊的、间接的、惩罚性的、偶然的或必然的损害、利润损失、或因使用或无法使用服务及服务内容而导致的数据丢失或业务中断所造成的损害负责，无论其是否基于保证、合同、侵权行为（包括疏忽）或任何其他法律理论，即使caravan wellness方已被告知此类损害的可能性。在任何情况下，caravan wellness对您或任何第三方的责任以及caravan wellness任何其他方的责任仅限于您向我们支付的费用和100美元中的较大金额。
14.第三方争议。
a.在法律允许的最大范围内，您因使用本服务而与任何第三方（包括但不限于任何运营商、版权所有者或其他用户）产生的任何争议，均由您与该第三方直接解决，您不可撤销地免除 Caravan Wellness 各方对因该争议或与该争议有关的任何及所有已知和未知的索赔、要求和损害赔偿（实际的和间接的）的责任。
b. The owners of any content licensed to CARAVAN Wellness for use on the Service are intended beneficiaries of this Terms of Service and shall have the right to enforce this Terms of Service against you for any unauthorized use of their content in any court of competent jurisdiction. The provisions of Section 11 do not apply to any dispute between you and a third party licensor of content to CARAVAN Wellness.
15. Indemnification. To the fullest extent permitted by law, you agree to defend, indemnify, and hold harmless the CARAVAN Wellness Parties from and against any claims, actions or demands, including, without limitation, reasonable legal and accounting fees, arising or resulting from (a) your breach of this Terms of Service; (b) your access to, use, or misuse of CARAVAN Wellness Content or the Service; or (c) your User Content. CARAVAN Wellness will provide notice to you of any such claim, suit, or proceeding. CARAVAN Wellness reserves the right to assume the exclusive defense and control of any matter which is subject to indemnification under this Section if CARAVAN Wellness believes that you are unwilling or incapable of defending CARAVAN Wellness’s interests. In such case, you agree to cooperate with any reasonable requests assisting CARAVAN Wellness’s defense of such matter at your expense.
16.服务条款的终止。
a. Term. As between you and CARAVAN Wellness, the Term of this Terms of Service commences as of your first use of the Service and continues until the termination of this Terms of Service by either you or CARAVAN Wellness.
b. Termination. You may terminate this Terms of Service by sending written notification to CARAVAN Wellness at [email protected], cancelling your Account, and terminating all other uses of the Service. If you wish to delete any of your User Content from the Service, then you may be able to do so using the permitted functionalities of the Service, but the removal or deletion of such User Content will not terminate this Terms of Service. CARAVAN Wellness reserves the right, in its sole discretion, to restrict, suspend, or terminate this Terms of Service and your access to all or any part of the Service at any time without prior notice or liability if you breach any provision of this Terms of Service. CARAVAN Wellness may further terminate this Terms of Service for any other reason upon ten (10) days’ notice to you using the email address associated with your account credentials. CARAVAN Wellness reserves the right to change, suspend, or discontinue all or any part of the Service at any time without prior notice or liability.
c.第 1、3.b、5.b、5.c、5.d、6.d、6.e、6.f、6.h、7、9 - 11、15、16.c 和 17 - 20 节及其中使用的所有定义术语在本服务条款终止后继续有效。
17.同意接收电子通讯。使用本服务即表示您同意接收我们的某些电子通讯，详情请参见《隐私政策》。请阅读《隐私政策》，了解您对我们电子通讯做法的更多选择。您同意我们以电子方式向您发送的任何通知、协议、披露或其他通信将满足任何法律通信要求，包括此类通信必须是书面形式。
18. Miscellaneous. This Terms of Service is governed by the internal substantive laws of the State of New York without respect to its conflict of laws provisions. You expressly agree to submit to the exclusive personal jurisdiction of the state and federal courts sitting in New York County, New York. You agree that no joint venture, partnership, employment, or agency relationship exists between you and CARAVAN Wellness as a result of this Terms of Service or use of the Service. You further acknowledge that by submitting User Content, no confidential, fiduciary, contractually implied, or other relationship is created between you and CARAVAN Wellness other than pursuant to this Terms of Service. If any provision of this Terms of Service is found to be invalid by any court having competent jurisdiction, the invalidity of such provision will not affect the validity of the remaining provisions of this Terms of Service, which will remain in full force and effect. Failure of CARAVAN Wellness to act on or enforce any provision of this Terms of Service will not be construed as a waiver of that provision or any other provision in this Terms of Service. No waiver will be effective against CARAVAN Wellness unless made in writing, and no such waiver will be construed as a waiver in any other or subsequent instance. Except as expressly agreed by CARAVAN Wellness and you, this Terms of Service constitutes the entire agreement between you and CARAVAN Wellness with respect to the subject matter hereof, and supersedes all previous or contemporaneous agreements, whether written or oral, between the parties with respect to the subject matter herein. The Section headings are provided merely for convenience and will not be given any legal import. This Terms of Service will inure to the benefit of our successors and assigns. You may not assign this Terms of Service or any of the rights or licenses granted hereunder, directly or indirectly, without the prior express written consent of CARAVAN Wellness. CARAVAN Wellness may assign this Terms of Service, including all its rights hereunder, without restriction.
19. Contact Us. If you would like to contact us in connection with your use of the Service, then please refer to the contact information below: by mail at CARAVAN Wellness – 6 Saint Johns Lane, New York, NY 10013, and by email at [email protected].
20.开源软件。本服务包含某些开源软件。每项开源软件均受其自身适用的许可条款约束。
Effective: February 10, 2025
