The terms, conditions and policies set forth on this page are legally binding.
Last Updated on August 21, 2018.
Your Use of the Site
You agree that you will not otherwise copy, modify, alter, display, distribute, sell, broadcast or transmit any material on the Site in any manner without the prior written permission of NMS.
You may download content for non-commercial, personal use only, provided copyright, trademark or other proprietary notices remain unchanged and visible. No right, title or interest in any downloaded materials is transferred to you or to any user as a result of any such downloading or copying.
Accuracy and Completeness of Information
While NMS uses all reasonable efforts to ensure that the information contained in this Site is accurate and reliable, NMS makes no warranties or representations as to the accuracy, correctness, reliability or otherwise with respect to such information, and assumes no liability or responsibility for any omissions or errors in the content of this Site.
Modification of Site
NMS will periodically revise the information, services and resources contained in this Site (pursuant to its sole and absolute discretion) and reserves the right to make such changes without any obligation to notify past, current or prospective visitors.
NMS does not accept or consider any creative ideas, suggestions or materials from the public (“Submissions”), therefore, you should not make any Submissions to NMS. If you do send us a Submission, despite our request not to do so, then such Submission will be considered non-confidential and non-proprietary and shall immediately become the property of NMS. NMS shall exclusively now and hereinafter own all rights, title and interest therein. NMS will be free to use any Submissions for any purpose whatsoever.
ALWAYS CONSULT YOUR DOCTOR BEFORE ALTERING YOUR PAIN MANAGEMENT PROGRAM, AND BEFORE STARTING A YOGA PRACTICE.
THE WEBSITE IS PROVIDED ON AN “AS IS” BASIS. NMS EXPRESSLY DISCLAIMS ALL WARRANTIES, INCLUDING THE WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE AND NON-INFRINGEMENT. NMS DISCLAIMS ALL RESPONSIBILITY FOR ANY LOSS, INJURY, CLAIM, LIABILITY OR DAMAGE OF ANY KIND RESULTING FROM, ARISING OUT OF OR ANY WAY RELATED TO (A) ANY ERRORS IN OR OMISSIONS FROM THIS WEBSITE AND THE CONTENT, INCLUDING BUT NOT LIMITED TO TECHNICAL INACCURACIES AND TYPOGRAPHICAL ERRORS, (B) ANY THIRD PARTY WEBSITES OR CONTENT THEREIN DIRECTLY OR INDIRECTLY ACCESSED THROUGH LINKS IN THIS WEBSITE, INCLUDING BUT NOT LIMITED TO ANY ERRORS IN OR OMISSIONS THEREFROM, (C) THE UNAVAILABILITY OF THE WEBSITE OR ANY PORTION THEREOF, (D) YOUR USE OF THIS WEBSITE OR (E) YOUR USE OF TIPS OR SUGGESTIONS IN CONNECTION WITH THE SITE INCLUDING IN CONNECTION WITH ANY MOVEMENT OR YOGA IDEA(S) INCLUDED ON THE SITE.
NMS IS NOT A LICENSED PHYSICIAN OR HEALTHCARE PROVIDER. THE VIEWS AND OPINIONS EXPRESSED ON THIS SITE ARE THE PERSONAL VIEWS AND OPINIONS OF THE PRINCIPALS OF NMS. THE VIEWS AND OPINIONS EXPRESSED ON THIS SITE DO NOT REFLECT THE OFFICIAL POLICY OR VIEWS OF THE UNITED STATES GOVERNMENT.
Limitation of Liability
In no event and under no legal or equitable theory, whether in tort, contract, strict liability or otherwise, shall NMS be liable for any direct, indirect, special, incidental or consequential damages arising out of any use of the information contained herein, including, without limitation, damages for lost profits, loss of goodwill, loss of data, work stoppage, accuracy of results, or computer failure or malfunction.
You agree to defend, indemnify and hold NMS harmless from and against any and all claims, damages, costs and expenses, including attorney’s fees, arising from or in any way related to your use of the Site.
If any part of these Terms and Conditions is deemed unlawful and/or unenforceable, all other provisions contained herein will remain in full force and effect.
The information contained herein constitutes the entire agreement between Site users and NMS relating to the use of this Website.
Links to Third Party Sites
As a convenience to users, this Site may link to other sites owned and operated by third parties and not maintained by NMS. However, even if such third parties are affiliated with NMS, NMS has no control over these linked sites, all of which have separate privacy and data collection practices and legal policies independent of NMS. NMS is not responsible for the contents of any linked sites and does not make any representations regarding the content or accuracy of material on such sites. Viewing such third-party sites is entirely at your own risk.
Customers canceling within 14 days’ notice or more prior to the start date of the course are entitled to a refund forfeiting a $60.00 cancellation fee or receive full credit on file to use towards other future trainings.
Customers canceling within 4-13 days’ notice prior to the start date of the course are entitled to a refund forfeiting half of their scheduled training credits. (Example: if you are registered for a 2-day training, $100 (10 credits, 1 day) will be forfeited with the remaining 10 credits will be applied to your account to be used towards future trainings). Workshops, 1 day trainings, half of the credits will be forfeited with the remaining credits placed on file for future trainings.
Customers canceling within 72 hours or fail to contact NMS in advance (i.e., no-shows) prior to the start date of the course will forfeit all registration fees and NO refund/credit will be issued.
Customers who have paid in full for their 200 HR RYT training, will maintain their credit balance but will be charged a $60.00 cancellation fee regardless of when they cancel. (In case of emergency exceptions will be made with proper documentation.)
All credits will expire if not used within 2 years of original purchase.
All trainings are subject to cancellation by NMS® and in such cases, customers will be notified in advance and provided with various options. Please confirm any training(s) prior to making any travel arrangements.
All refunds and/or credits will be issued in US Dollars only.
Credits will expire if not used within 2 years of original purchase.
Those who have received full scholarships, credits will expire if not used within 2 years of their first training.
Balance due must be paid in full 3 weeks, 21 days prior to the date of the training.
Full attendance is required to receive course credit. If you miss more than 30 minutes of a training, you will be required to complete a home assignment based on the material that you missed. If you miss more than 25% of the training, you will need to retake the training.
NMS® is not responsible for missed travel arrangements, or any other unfortunate circumstances that may cause a student to miss a training date or natural disasters. In the event that there is an emergency situation beyond your control, please contact our Customer Service Department immediately to discuss your options.
Unless otherwise noted, the graphic images, buttons and text contained in this Site are the exclusive property of NMS, or a license has been issued for their use by NMS. Except for personal use, these items may not be copied, distributed, displayed, reproduced, or transmitted, in any form or by any means, electronic, mechanical, photocopying, recording, or otherwise without prior written permission of NMS.
Notification of Claims of Infringement
If you believe that your work has been copied in a way that constitutes copyright infringement, or your intellectual property rights have been otherwise violated, please notify NMS’s agent for notice of claims of copyright or other intellectual property
infringement (“Agent”), at
Neoteric Movement Systems, LLC
1638 R St. NW
Washington, D.C., 20009
Please provide our Agent with the following Notice:
a) Identify the material on the Site that you claim is infringing, with enough detail so that we may locate it on the website;
b) A statement by you that you have a good faith belief that the disputed use is not authorized by the copyright owner, its agent, or the law;
c) A statement by you declaring under penalty of perjury that (1) the above information in your Notice is accurate, and (2) that you are the owner of the copyright interest involved or that you are authorized to act on behalf of that owner;
d) Your address, telephone number, and email address; and
e) Your physical or electronic signature.
NMS will remove the infringing posting(s), subject to the procedures outlined in the Digital Millennium Copyright Act (DMCA).
This Site features logos, brand identities and other trademarks and service marks (collectively, the “Marks”) that are the property of Neoteric Movement Systems, Inc., including the phrase “It’s all about perspective.” Nothing contained on this Site should be construed as granting, by implication, estoppel, or otherwise, any license or right to use any Mark displayed on this Site without prior written permission of NMS or any such third party that may own a Mark displayed on the Site.
Information That We Collect
Personal Data: Personal Data is information that can be used to identify you specifically, including your name, shipping address, email address, telephone number or demographic information like your age, gender, or hometown. You consent to giving us this information by providing it to us voluntarily on our website or any mobile application. You provide some of this information when you register with or make purchases from our website. You may also provide this information by participating in various activities associated with our Site, including responding to blogs, contacting us with questions, or participating in group training workshops. Your decision to disclose this data is entirely voluntary. You are under no obligation to provide this information, but your refusal may prevent you from accessing certain benefits from our website or from making purchases.
Derivative Data: Derivative data is information that our servers automatically collect about you when you access our website, such as your IP address, browser type, the dates and times that you access our website, and the specific pages you view. If you are using a mobile application, our servers may collect information about your device name and type, your phone number, your country of origin, and other interactions with our application.
Social Networking Data: We may access personal information from social networking sites and apps, including Facebook, Instagram, LinkedIn, Twitter, Pinterest, YouTube or other social networking sites or apps not named specifically here, which may include your name, your social network username, location, email address, age, gender, profile picture and any other public information. If you do not want us to access this information, please go to the specific social networking site and change your privacy settings.
Mobile Device Data: If you use our website via a mobile device or app, we may collect information about your mobile device, including device ID, model and manufacturer, and location information.
Other data: On occasion, you may give us additional data in order to enter into a contest or giveaway or to participate in a survey. You will be prompted for this information and it will be clear that you are offering this kind of information in exchange for an entry into such a contest or giveaway.
How We Use Your Information
Your information allows us to offer you certain products and services, including the use of our website, to fulfill our obligations to you, to customize your interaction with our company and our website, and to allow us to suggest other products and services we think might interest you. We generally store your data and transmit it to a third party for processing. However, to the extent we process your data, we do so to serve our legitimate business interests (such as providing you with the opportunity to purchase our goods or services and interact with our website or mobile app).
Specifically, we may use the information and data described above to:
- Create and administer your account;
- Deliver any products or services purchased by you to you;
- Correspond with you;
- Process payments or refunds;
- Contact you about new offerings that we think you will be interested in;
- Interact with you via social media;
- Send you a newsletter or other updates about our company or website;
- Deliver targeted advertising;
- Request feedback from you;
- Notify you of updates to our product and service offerings;
- Resolve disputes and troubleshoot any problems;
- Administer contests or giveaways;
- Generate a profile that is personalized to you, so that future interactions with our website will be more personal;
- Compile anonymous statistical data for our own use or for a third party’s use;
- Assist law enforcement as necessary;
- Prevent fraudulent activity on our website or mobile app; and/or
- Analyze trends to improve our website and offerings.
Why We Disclose Your Information
The following are specific reasons why we may share your information.
Third Party Processing: We may disclose your information to third parties who assist us with various tasks, including payment processing, hosting services, email delivery and customer service. We may not always disclose these third-party processors if not required by law.
By Law: We may share your data as required by law or to respond to legal process, including a subpoena, or as necessary to protect the rights, property, and safety of others. This includes sharing information with other parties to prevent or address fraud and to avoid credit risks.
To Protect Our Company: We may use your information to protect our company, including to investigate and remedy any violations of our rights or policies. We may also disclose your information as reasonably necessary to acquire and maintain insurance coverage, manage risks, obtain financial or legal advice, or to exercise or defend against legal claims.
Interaction with others: If you interact with others on our website or mobile app, such as participating in a group chat or a group online course, other users may have access to some of your data, including your name, profile picture, and your history of interaction with our website, such as prior comments or posts.
Online postings: When you post online, your posts may be viewed by others, and we may distribute your comments outside the website.
Other purposes: We may disclose your personal data as necessary to comply with any legal obligation or to protect your interests, or the vital interests of others or our company.
Like many other websites, we make use of log files. These files merely log visitors to the site – usually a standard procedure for hosting companies and a part of hosting services’ analytics. The information inside the log files includes internet protocol (IP) addresses, browser type, Internet Service Provider (ISP), date/time stamp, referring/exit pages, and possibly the number of clicks. This information is used to analyze trends, administer the site, track user’s movement around the site, and gather demographic information. IP addresses and other such information are not linked to any information that is personally identifiable.
Processing Your Information
For the most part, we do not process your information in-house, but give it to third party processors for processing. For example, when PayPal takes your payment information, they are a third-party processor. They process your payment and remit the funds to us. So, in many instances, it will be necessary for us to transmit your information to a third-party processor, as we do not have the capability to perform these functions. More detail on third party processing is below.
However, we may, from time to time, process your data internally. The legal basis for this processing is both your consent to the processing, and our need to conduct our legitimate business interests. Our purposes in processing this information, if we do, is to administer, maintain, and improve our website and offerings, to enter into contracts with you, to fulfill the terms of those contracts, to keep records of our transactions and interactions, to be able to provide you with goods and services, to comply with our legal obligations, to obtain professional advice, and to protect the rights and interests of our company, our customers (including you), and any third parties. We may process the following data:
- Data associated with your account, such as your name, address, email address and payment information.
- Data about your usage of our website, such as your IP address, geographical information, and how long you accessed our website and what you viewed.
- Data related to your personal profile, such as your name, address, profile picture, interests and hobbies, or employment details.
- Data that you provide us in the course of using our services.
- Data that you post on our website, such as comments or responses to blogs.
- Data that you submit to us when you make an inquiry regarding our website or offerings.
- Data related to your transactions with us, including your purchase of our goods or services. This information may include contact details and payment information.
- Data that you provide to us when you subscribe to our emails or newsletters, including your email address and contact information.
- Data that you submit to us via correspondence, such as when you email us with questions.
- Any other data identified in this policy, for the purpose of complying with our legal obligations, or to protect the vital interests of you or any other natural person.
Our website is hosted by servers located in the United States. Therefore, if you reside in the European Union, some of your data will be transferred internationally to those servers. Transfers will be protected by appropriate safeguards, namely the EU-US Privacy Shield. More information on the Privacy Shield can be found at: https://www.privacyshield.gov/welcome.
We retain personal data as long as it is needed to conduct our legitimate business purposes or to comply with our legal obligations, or until you ask us to delete your data. For example, we will retain certain personal information indefinitely for the purposes of maintaining your account, unless and until you delete your account. Data that we gather for a specific and particular purpose, such as assisting law enforcement or analyzing trends, will not be kept for longer than is necessary for that particular purpose. Data that is no longer needed by us for any of the purposes listed above will be permanently deleted.
You may request that we delete your data at any time. However, note that we cannot control the retention policies of third parties. If you wish to have any third parties, including those to whom we’ve transmitted your data, delete that data, you will need to contact those third parties directly. You may request from us a list of all third parties to whom we have transmitted your data.
Security of Your Information
We take all reasonable steps to protect your personal data and keep your information secure. We use recognized online secure payment systems and implement generally accepted standards of security to protect against personal data loss or misuse. However, no security measure is foolproof, and no method of data transmission can be guaranteed against interception or misuse. We cannot guarantee complete security of any information you transmit to us.
We will notify you of promptly any known breach of our security systems or your data which might expose you to serious risk.
This website or mobile app is not designed for use by children under age 16, and we do not knowingly solicit personal data from anyone under age 16. If you are under age 16, do not access or use our website or related products or services. If you become aware that we have collected data of anyone under the age of 16, please contact us so that we may delete that data.
You have certain rights with respect to your personal data, as outlined below. Note that we may charge you a reasonable fee for actions that you ask us to take with respect to your data. In addition, we reserve the right to request that you provide us with evidence of your identity before we take any action with respect to the exercise of your data rights. Further, your rights may be restricted or nullified to the extent they conflict with our compelling business interests, the public interest, or the law.
Update Account Information: You have the right to update or change any information you have provided to us. To update or delete your information, please contact us at email@example.com.
Confirm Personal Data and Its Use: You have the right to request that we confirm what data we hold about you, and for what purposes. You also have the right to confirmation of whether we process your data or deliver your data to third party processors, and for what purposes. We will supply you with copies of your personal data unless doing so would affect the rights and freedoms of others.
Change Consent: You have the right to change your consent to our use of your information. In such cases, we may require you to delete your account with us, as described above, and you may not have full access to our website.
Request a Copy of Data: You have the right to request a digital copy of the data that we hold about you. Your first request for a copy of your personal data will be provided free of charge; subsequent requests will incur a reasonable fee.
Transfer Your Data: You have the right to request that we gather and transfer your data to another controller, in a commonly used and machine-readable format, unless doing so would cause us an undue burden.
Delete All Data: You have the right to request that we delete all data that we hold about you, and we must delete such data without undue delay. There are exceptions to this right, such as when keeping your data is required by law, is necessary to exercise the right of freedom of expression and information, is required for compliance with a legal obligation, or is necessary for the exercise or defense of legal claims. Such a request may result in a termination of your account with us and you may have limited or no use of our website.
Emails and Communications: You may opt out of receiving future email correspondence from us by checking the appropriate box when you register for the account or make a purchase. You may change your communication settings by contacting us at firstname.lastname@example.org.
Marketing Communications: You may opt out of receiving any third-party marketing communications or having your personal information used for marketing purposes. You may do this by contacting us at email@example.com.
Processing: You may, in some circumstances restrict the processing of your data, such as when you contest the accuracy of your data or when you have objected to processing, pending the verification of that objection. When processing has been restricted, we will continue to store your data but will not pass it on to third party processors without your consent, or as necessary to comply with legal obligations or protect your rights or those of others or our company. In addition, you may opt out of any processing of your data altogether. Note however that doing so may result in the termination of your account and loss of access to our website.
California Privacy Rights
The State of California has established its own unique regulations that apply to California residents. If you reside in California, you have the right to obtain from us, once per year and free of charge, information regarding what information we disclose to third party marketers, and the names and addresses of each third party to whom we disclose your data. If you are a California resident and would like to make such a request, please use the contact information listed below.
If you are a California resident and under the age of 18, you have the right to request that we remove any data that you publicly post on our website. To request removal of your data, please use the contact information listed below. Note that while we will remove your data that is publicly posted on our website, we may not be able to completely remove that data from our systems.
We offer the opportunity for you to volunteer certain information to us that is used for email and marketing purposes. This information includes, but is not limited to, your name and email. You will have an opportunity to unsubscribe from any future communications via email, but we reserve the right to maintain a database of past email subscribers. We reserve the right to use this information as reasonably necessary in our business and as provided by law. Your information will be shared with reasonably necessary parties for the ordinary course of conducting our business, such as through Facebook ad marketing campaigns.
For questions about these policies, please contact: