TERMS OF USE AND PRIVACY POLICY

These terms of use (the “Terms of Use”) are a legal agreement between you, on one hand, and Qi Balance, LLC (f/k/a The Center for Taiji and Qigong Studies), its affiliates and principals (including Dr. Yang Yang) (referred to collectively as “Wa-Qi”, “WaQi”, “we”, “us” or “our”), on the other hand. These Terms of Use specify the terms under which you may access and use our website located at https://wa-qi.com and participate in activities and related services offered by us. By accepting these Terms of Use, accessing or using our services or otherwise manifesting your assent to these Terms of Use, you acknowledge that you have read, understood, and agree to be legally bound by these Terms of use and our Privacy Policy which is part hereof (collectively, this “Agreement”). If you do not agree to any of these terms, then please do not access our website or use our services.

THE SECTIONS BELOW TITLED “BINDING ARBITRATION” AND “CLASS ACTION WAIVER” CONTAIN A BINDING ARBITRATION AGREEMENT AND CLASS ACTION WAIVER THAT AFFECT YOUR LEGAL RIGHTS. PLEASE READ THEM.

1. RESTRICTIONS AND DISCLAIMERS

Medical Disclaimer and Release

You hereby acknowledge and understand that

(a) We are not a licensed medical care provider. We have no expertise in diagnosing, examining or treating any medical conditions of any kind, or in determining the effect of any specific exercise on a medical condition. The exercises, courses and other services we offer are not intended to be a substitute for professional medical advice. Never disregard professional medical advice or delay seeking it because of something you have read, heard, seen or learned on our website, or products you have obtained through our website.

(b) We cannot and do not guarantee future physical or mental results and/or success from your use of any services, classes, workshops, or products we offer on our website. Each individual’s health and wellness is dependent on his or her background, dedication, motivation, desire and condition. As with any health-related program or service, your results may vary, and will be based on your individual capacity, life experience, unique health and genetic profile, starting point, expertise and level of commitment. 

(c) When participating in any exercise, meditation activity or program, there is a possibility of incurring physical and/or mental injury. If you engage in the exercises, exercise programs, meditation or other services offered by us, you agree that you do so completely at your own risk, are voluntarily participating in these activities, and that you assume all risk of injury to yourself (and all others acting by or through you). Furthermore, you (for yourself, your successors, heirs, assigns, executors and administrators) agree to forever release and discharge us, Wa-Qi, its affiliates, its employees, agents and principals of and from all liability of whatsoever nature, and all claims, causes of action, known, unknown or suspected, and all judgments of whatsoever nature arising out of our activities and services. Our “Services” include, without limitation, online real-time exercise, meditation, videos, recorded audio, related products, and in-person lectures, workshops and/or camps. In-person participants will be required to sign a physical printed copy of this release. But even in the absence of such executed “hard copy” by participant it will be conclusively presumed that the participant agrees to each and every term and provision of this Agreement.

(d) If you experience any discomfort or pain during an exercise routine or meditation you must immediately cease the activity and seek the assistance of a physician.

(e) You represent and warrant that you are over eighteen (18) years of age and are otherwise competent to enter into this Agreement. Any family member who is under the age of majority in the particular jurisdiction involved who accesses our website does so under the supervision and at the complete responsibility of his or her parent or legal guardian.

2. YOUR ACCOUNT

You will be prompted to create an account, which includes a sign-in name (“Sign-In Name”), a password and, at our option, other additional information (“unique identifiers”) that will assist us in authenticating your identity when you log in going forward. You must at all times provide true, accurate, up-to-date and complete information. Each Sign-in Name and associated password can be used by only one authorized user. It is your sole responsibility to protect the confidentiality and use of your Sign-in Name, password and unique identifiers. You will be solely responsible for any use, misuse of, or communications entered through our app or website using your Sign-in Name, password or unique identifiers. You will notify us immediately if there is any need for us to deactivate your Sign-in Name, password or alter any unique identifier. We reserve the right to delete or change your password, Sign-in Name or unique identifiers at any time, for any reason, or no reason at all, and we shall have no liability to you for any loss or damage caused by such action. We are under no obligation to accept any individual or entity as an account holder and may accept or reject any registrations in our sole and unlimited discretion. We will not be liable for any loss or damage caused by the unauthorized use of your account.   

3. RESTRICTIONS

By accessing our website and/or using any of our Services, you agree to comply with the following Restrictions:

(a) You will comply with all applicable laws in your use of the Services and website provided by us and will not use the Services or any of the videos, printed materials, audio content or other components of our proprietary material for any unlawful purpose;

(b) You will not access or use any of our Services, website, audio or video content, client information or roster, or any market research for a competing business;

(c) You will not violate any other person’s privacy rights;

(d) You will not impersonate any person or entity, or falsely state or otherwise misrepresent your affiliation with us or any third person or entity;  

(e) You will not interfere with or attempt to interrupt the proper operation of the website or the Services we provide through the use of any virus, device, information collection or transmission mechanism, software or routine, or access, or attempt to gain access to any content on our website or available through our app, or to any data, files, passwords related to the Services by hacking, password or data mining or by any other means;

(f) You will not decompile, reverse engineer, or disassemble any software or other products or processes accessible through the Services we provide, nor will you enable any third party to violate the Terms of Use;

(g) You will not attempt to defeat any of our content protection mechanisms or technology;

(h) You will not solicit our clients, users, subscribers, sponsors, advertisers or others using our website or Content for your own economic benefit or otherwise unfairly compete with our business.

4. INTELLECTUAL PROPERTY

(a)The Services we provide consists of and/or contains material, such as performances, choreography, images, software, text, graphics, photographs, lesson books, home practice logs, plans and templates, videos, spoken words, and other material (“Content”) that is protected under both United States and foreign laws, including (without limitation) copyright, trademark laws, and right of publicity laws, all of which Content is solely owned by us.

The trademarks, service marks, and logos used and displayed on the services herein are registered and unregistered trademarks or service marks that belong exclusively to Qi Balance, LLC, Dr. Yang and their affiliated entities. Nothing on our Services should be construed as granting, by implication, estoppel, waiver or otherwise, any license or right to use the trademarks or other intellectual property without our prior written permission specific for each use. Use of the said trademarks or other intellectual property as part of a link to or from any site is prohibited unless establishment of such a link has first been approved by us in writing.

Elements of the Services we create and provide are protected by trade dress, trademark, unfair competition laws and other state and federal laws and may not be copied or imitated, in whole or in part, by any means, in any media, including, among other things, framing or mirrors. None of the Content may be retransmitted without our prior express written consent in each instance.

You may view all Content for your own personal, non-commercial use. No other use is permitted without our prior written consent, which we may deny or withhold in our sole discretion. We retain all right, title, and interest, including all intellectual property rights, in and to the Content. You may not sell, transfer, assign, license, sublicense, or modify the Content or reproduce, display, publicly perform, make a derivative version of, distribute, or otherwise use the Content in any way, in whole or part, for any public, third party or commercial purpose. We reserve the right to remove the Content from our Services at any time for any reason without notice to you.   

(b) If you violate any part of this Agreement, your permission to access the Content and the Services will automatically terminate and you will immediately destroy any copies you have made of the Content. In such event you will not be entitled to receive any refund of sums previously paid by you to us for the Services. We also reserve the right to pursue mandatory arbitration remedies in the event of such violation, including an action for damages, injunction, costs and attorneys fees. In the event we seek an injunction, we shall not be required to post any bond. If bond is not waivable, the amount thereof shall not exceed $100.

(c) You further agree that Dr. Yang Yang's instruction is the unique product of his life-long experience in practicing and teaching meditation, qigong, and taiji (t'aichi) forms (movements), and 

            (i) you will not teach any part of the curriculum of the Qi Balance parties to others without the express prior written consent of Dr. Yang;

            (ii) if you are given permission to teach the curriculum, you will appropriately attribute the curriculum to Dr.Yang and Qi Balance, LLC, with appropriate copyright and trademark/service mark notices prominently displayed; and,

            (iii) you will not modify the program to create any derivative products using Dr. Yang’s particular methodology. Such methodology includes, without limitation, Dr. Yang’s verbal instructions, direction, choreography, the particular patterns and sequence of moves for different health outcomes and martial arts function, invention of new movements for martial arts and rehabilitation purposes, interpretation of taiji and qigong classic text, individual movements and building blocks (fundamental elements) of training, the expression of Dr. Yang’s unique ideas, training methods, design of essential components for different health outcomes and martial arts functions, meditative techniques and other components of our Services created by Dr. Yang.

You hereby irrevocably grant us permission to use your image, likeness and voice in video, audio and still images in connection with instructional videos, audio programs, and podcasts. These products will be used to assist and supplement the Qi Balance parties’ instruction of participants in taiji and qigong. Furthermore, you hereby consent to the Qi Balance parties obtaining video, still photos, and audio renditions and images of you while you are participating in online and/or in-person activities arranged by the Qi Balance parties. These activities include (but are not limited to) receiving instruction, conversations with Dr. Yang and other Qi Balance staff, performing routines, and participating in seminars, classes and workshops. You waive all rights of publicity in connection therewith.

Some of the said content may be obtained during simulated lessons. The content may be used to assist us in providing instruction to others, to promote our activities and programs, or for any other purposes we deem appropriate and relevant to our commercial and other endeavors. You acknowledge and agree that the content may be shown to the general public, and such showings may include online/internet publication. Unless first agreed otherwise in writing by the parties to this Agreement, you will receive no compensation for your participation or for your time involved during filming or recording. You will not receive credit for your appearance. You understand that if the content appears on the internet, there is a risk that the content may be downloaded, copied and disseminated by others without our permission. In such event, we will not be liable for such unauthorized copying. The content will remain our sole property or the property of our assigns. You will not be entitled to make any use of the content in addition to the permitted use by an ordinary purchaser of the content. We do not promise to portray you in a particular light, nor do we promise that you will appear in any of the published content. We have the unrestricted right to refrain from using any content in which you appear and to edit such content in in whatever way we want, in our sole discretion. 

5. NO WARRANTIES; LIMITATION OF LIABILITY

The services and Content provided by us are provided “as is” and “as available” without warranties of any kind, either express or implied. We expressly disclaim all warranties of any kind, express or implied, in the above mentioned Services and Content, including, but not limited to, warranties of title, merchantability, non-infringement of third parties’ rights, and fitness for particular purpose, as well as warranties arising from a course of dealing.

We do not warrant that the services and Content are accurate or reliable, that the functions contained in the Services or Content will be uninterrupted or error-free, or that defects, if any, will be corrected, or that the Services or our server that makes the Services available will be free of viruses or other harmful components.

You acknowledge and agree that incidental or consequential damages, lost profits, or damages resulting from lost data or business interruption resulting from your inability to access or use the Services or Content, and any direct damages that you may suffer as a result of your use of the Services or the Content shall be limited to One Hundred U.S. Dollars ($100).

6. INDEMNIFICATION

You agree to defend, indemnify, and hold us and our officers, directors, managers, employees, agents, successors, licensees, and assigns harmless from and against any damages, liabilities, losses, expenses, claims, actions, and/or demands, including, without limitation, reasonable legal and accounting fees, arising or resulting from (i) your breach of this Agreement; (ii) your misuse of the Content or Services herein; and/or (iii) your violation of any third party rights, including any copyright, trademark, property, publicity, or privacy right. We shall provide notice to you of such claim, suit or proceeding and shall assist you, at your expense, in defending any such claim, suit or proceeding. We reserve the right to assume the exclusive defense and control (at your expense) of any matter that is subject to indemnification under this section. In such event, you will give your full and timely cooperation to our counsel and personnel.

7. OUR RIGHT TO MAKE CHANGES TO THIS AGREEMENT

These Terms of Use are effective as of the last updated date stated herein. We may change these Terms of Use from time to time at our sole discretion. Any such changes will be posted on our website and app. By accessing the Services and/or Content after we make any such changes to these Terms of Use, you are deemed to have accepted such changes. You agree to refer back to these Terms of Use on a regular basis.

8. TERMINATION OF THE AGREEMENT

We have the right, in our sole discretion, to restrict, suspend, or terminate this Agreement or your access to our website or to any part of the Services and Content, with or without cause, and for any reason or for no reason, without prior notice or liability. Sections 4 and subsequent sections of this Agreement survive termination of this Agreement.

9. CONTROLLING LAW

This Agreement and any action related thereto will be governed by the laws of the State of New York without regard to its conflict of laws provisions.

10. BINDING ARBITRATION

In the event of a dispute arising under or relating to this Agreement, the Content or the Services hereunder (each a “Dispute”), such Dispute will be finally and exclusively resolved by binding arbitration governed by the Federal Arbitration Act (“FAA”). NEITHER PARTY SHALL HAVE THE RIGHT TO LITIGATE SUCH CLAIM IN COURT OR TO HAVE A JURY TRIAL, WHICH RIGHTS ARE HEREBY WAIVED. NOTWITHSTANDING THE FOREGOING, EITHER PARTY MAY BRING ITS CLAIM IN ITS LOCAL SMALL CLAIMS COURT, IF PERMITTED BY THAT SMALL CLAIMS COURT’S RULES AND IF WITHIN SUCH COURT’S JURISDICTION.

DISCOVERY AND APPEAL RIGHTS MAY BE LIMITED IN ARBITRATION. All Disputes will be resolved before a neutral arbitrator selected jointly by the parties. The arbitrator’s decision will be final, except for the limited right to appeal under the FAA. The arbitration shall be commenced and conducted by JAMS pursuant to its then current Comprehensive Arbitration Rules and Procedures and in accordance with the Expedited Procedures under those Rules, or, where appropriate, pursuant to JAMS’ Streamlined Arbitration Rules and Procedures. See JAMS’ website (www.jamsadr.com) for all applicable JAMS’ rules and procedures. Each party will be responsible for paying any JAMS’ filing, administrative and arbitrator fees in accordance with JAMS’ rules. Judgment on the arbitrator’s award may be entered in any court having jurisdiction.

This clause shall not preclude the parties from seeking provisional remedies in aid of arbitration from a court of competent jurisdiction. The arbitration may be conducted in person, through the submission of documents, by phone, or online. If conducted in person, the arbitration shall take place exclusively in the State and City of New York. The parties may litigate in court to compel arbitration, to stay a proceeding pending arbitration, or to confirm, modify, vacate or enter judgment on the arbitrator’s award. The parties shall cooperate in good faith in the voluntary and informal exchange of all non-privileged documents and other information, including electronically stored information, relevant to the Dispute immediately after commencement of the arbitration.

11. EQUITABLE RELIEF

Nothing in this Agreement will prevent us from seeking injunctive relief against you in any court of competent jurisdiction as necessary to protect our proprietary interests. You acknowledge and agree that in the event of your breach or threatened breach of our intellectual property rights and unauthorized use of our proprietary information by you, we will suffer irreparable harm that cannot be fully compensated by a money judgment, and that we will therefore be entitled to injunctive relief to enforce this Agreement. We may, without waiving any other rights under this Agreement, seek from any court having jurisdiction any interim, equitable, provisional, or injunctive relief that is necessary to protect our rights and property pending the outcome of the arbitration referenced above. All claims or disputes arising out of or in connection with this Agreement shall be heard by any federal or state courts of competent jurisdiction located exclusively in the State of New York.

12. CLASS ACTION WAIVER

You agree that any arbitration or proceeding shall be limited to the Dispute between us and you individually. To the full extent permitted by law,

            (a) no arbitration or proceeding shall be joined with any other;

            (b) there is no right or authority for any Dispute to be arbitrated or resolved on a class action basis or to utilize class action procedures; and

            (c) there is no right or authority for any Dispute to be brought in a purported representative capacity on behalf of the general public or any other persons.

You agree that you may bring claims against us only in your individual capacity and not as a Plaintiff or class member in any purported class or representative proceeding.

13. MISCELLANEOUS

Our failure or forbearance to act on or enforce any provision of this Agreement shall not be construed as a waiver of that provision or any other provision in this Agreement. No waiver shall be effective against us unless made in writing, and no such waiver shall be construed as a waiver in any other or subsequent instance.

Except as expressly agreed by us and you in writing, this Agreement constitutes the entire Agreement between you and us with respect to the subject matter, and supersedes all previous or contemporaneous agreements, whether written or oral, between the parties with respect to the subject matter.

The section headings are provided for convenience and shall not be given any legal import. This Agreement will inure to the benefit of our successors, assigns, licensees and sub-licensees. 

Wa-Qi.com refund policy

There will be no refunds or makeup classes allowed. Prices are subject to change at any time at the discretion of Qi Balance, LLC.

WaQi Live and Zoom Classes - Terms, Conditions, and Refund Policy

WaQi Live Class and Zoom Class purchases are final. There are no refunds, cancellations, substitutions, rescheduling, or credits available. Special discounts or promotional offers shall not apply to completed class purchases. Any class cancellation that is not rescheduled shall be refunded at the purchased rate. Prices are subject to change at any time at our sole discretion.

Third party offerings or advertisements

We do not warrant, endorse, guarantee, or assume responsibility for any product or service advertised or offered by a third party through Wa-Qi.com or any hyperlinked website or featured in any banner or other advertising, or for services offered through a third party platform such as Zoom, Teams, Meet, FaceTime, Facebook, YouTube, LinkedIn, Instagram and similar services, and we will not be a party to or in any way be responsible for monitoring any transaction between you and third-party providers of products or services.

WaQi Live Class Pass

The WaQi Live Class Pass can be purchased as gifts for others. The purchaser will choose the number of WaQi Live classes to send as a gift and the WaQi Live Class Pass will be emailed to the recipient. Recipients of gift passes are bound by this Agreement. The WaQi Live Class Pass must be redeemed within 6 months of purchase date.  No refunds are available on purchases of WaQi Live Class Passes. No refunds or exchanges are available once the recipient selects the WaQi Live Classes they wish to attend.

WaQi Community Guidelines and Privacy Policy

General Information

This Website is owned by Qi Balance, LLC, (hereafter referred to as “Qi Balance”, “WaQi”, “us”, or “we.”). It is intended to: 1) provide you (the “User” of the Content, Products or Services) with a platform for holistic fitness classes and instruction containing copyright-protected video, audio, text, and images created by Dr.Yang Yang, the founder of the WaQi program; 2) bring together a community of people that are interested in the WaQi program, and 3) provide an e-commerce site for you to consider purchasing related products and services, including personal one-on-one instruction. It may also contain links to other websites where other products, services, and social networking tools may be accessed or purchased. All of the foregoing is collectively referred to herein as “Products,” “Services,” and/or “Content.”

The term “Website” or “Websites” herein refers to all platforms for delivery of WaQi Content, including software, applications (“apps”), and mobile and tablet versions, whether available through WaQi-owned domains or other social networking, video streaming services, or third-party websites or platforms.

By using this Website you hereby agree to all of the terms and conditions outlined in this Agreement including, without limitation, the provisions of our Privacy Policy, detailed below.

Acceptance of Terms and Conditions

We may modify this Agreement from time to time, and such modification shall be effective upon its posting on the Website. You agree to be bound by any modification to this Agreement when you use the Website or the Services after any such modification is posted. We may, from time to time, alert you to changes in this Agreement, but it is  your sole responsibility to be aware of changes of the terms and conditions of this Agreement. If you do not agree to be bound by any future modifications of this Agreement, your exclusive remedy is to cancel your account and discontinue your use of the Websites and the Services.

Personal Use Only

The Websites are exclusively for personal use. By accessing the Websites you are agreeing that you will not attempt to instruct others in any of the meditation and movement fitness lessons contained in the Services.

Registration Data

Services are provided as both free and paid membership Content. All Users of both free and paid membership Content must register and provide true, accurate, current and complete information about yourself, including name, date of birth, and email address. You may be asked for additional information regarding your account. You are obliged to maintain and promptly update your registration data to keep it true, accurate, current and complete. If you provide any information that is untrue, inaccurate, not current or incomplete, or we have reasonable grounds to suspect that such information is untrue, inaccurate, not current or incomplete, we reserve the right to suspend or terminate your account and refuse any and all current or future access to and/or use of our Websites.

By registering to use the Services you opt-in to receive occasional marketing, news, and survey emails from us. You can easily unsubscribe from the WaQi email list by following the opt-out instruction in those emails.

Password and Security

All Users of free and paid membership Content are required to choose a password. You are responsible for maintaining the confidentiality and security of the password and all other account information, and you are fully responsible and liable for all access to and use of the Websites and the Services that occur under your password or account. You agree to (1) immediately notify us by e-mail at support@wa-qi.com of any unauthorized use of your password or account or any other breach of security, and (2) ensure that you logout from your account at the end of each session.

Paid Membership Subscriptions

To access paid membership Content you may purchase monthly (30 days), annual (365 days), two-year (730 days), or lifetime (valid to the User for 100 years or until Wa-Qi ceases to offer commercial Services) memberships.

If you opt for auto-renewal of your subscription, the monthly or annual renewal subscription fees will be billed automatically, until cancelled, to the payment source and method you provided when initially subscribing. You agree to promptly notify us of any changes to the payment source and method you provided while any subscriptions remain outstanding.

From time to time the subscription fees may change. We will try to alert you 10 days in advance of any changes in fees. The increase will apply to the next payment due from you after the date of the notice, provided that you have been given at least 10 days’ prior notice before the charge is made. If you are given less than 10 days’ prior notice, the price increase will not apply until the payment after the next payment due.

Account Cancellation

 User Cancellation

You may cancel your membership account at any time. To cancel an auto-renewed membership, email us with your cancellation request at support@wa-qi.com. Memberships must be canceled prior to the renewal date in order to end membership charges.

When you close or de-activate your account or if your account is otherwise terminated, we retain the right, but not the obligation, to store your personal information. Unless we have exercised our right to terminate your account, you can re-activate your account at any time.

No Refunds for cancellation of pre-paid accounts

If you cancel your account prior to the expiration of your pre-paid subscription period, you will forfeit the fees paid for any unused portion of your subscription, which are non-refundable. You also agree that the cancellation of your account is your exclusive remedy with respect to any dispute with us.

Cancellation by Us

We reserve the right to terminate your account or your access to the Website immediately, with or without notice to you, for any reason or for no reason, and without liability to you. Your account and access to our website(s) will be immediately and automatically terminated if we believe that you have breached any of the terms of this Agreement, furnished false or misleading information, or interfered with use of the Website or the Services by others.

Licensing of Content

User Provided Content

To promote community and learning, Users may upload content (“User Content”), as allowed by the intended Website design. By posting any User Content on or through our Websites, you hereby grant us a non-exclusive, fully-paid, royalty-free, perpetual, irrevocable, worldwide license (including the right to sublicense) to use, copy, modify, adapt, translate, create derivative works, publicly perform, publicly display, store, reproduce, transmit, distribute, and otherwise make available such User Content on and through the Websites and/or the Services, in print, or in any other format or media now known or hereafter invented, without any obligation of notification, compensation, attribution or consent.

You may contact us to request the removal of certain User Content you have posted, but we have no obligation to remove any such User Content, may choose not to do so in our sole discretion, and we make no guarantee as to the complete deletion of any such User Content. Notwithstanding the foregoing, a back-up or residual copy of any Content posted by you may remain on our servers after the User Content appears to have been removed from the Websites, and we retain the rights to all such remaining copies.

Waiver of Claims

For good and valuable consideration you, the User of WaQi Services, for yourself and your successors, heirs, assigns, executors and administrators, forever unconditionally release and discharge WaQi and all of their affiliates, subsidiaries, corporate parents, officers, directors, partners, employees and agents of and from all claims, causes of action, costs and judgments that you now, or hereafter, may have or claim to have against us for personal injuries (including death) and damage to property, real or personal, caused by or arising out of your use of the Services. You acknowledge that the Services involve the risk of personal injury, including death, and damage to property, and hereby expressly assume all risks of personal injury, including death, and damage to property, real or personal, caused by or arising out of use of the Services. You further agree for yourself and your successors, heirs, assigns, executors and administrators, to indemnify and hold us, and our owners, affiliates, subsidiaries, corporate parents, officers, directors, partners, employees, and agents, harmless from and against all claims and suits for personal injuries, including death and damage to property, real or personal, caused by your act or omission and arising from your involvement in the Services, and from all judgments and costs recovered in said claim and/or suits and from all expenses incurred in defending said claims or suits, including, without limitation, our reasonable legal and accounting fees.

Disclaimer and Limitation of Liability

Your use of the Websites and Services is at your sole risk. User thereby agrees:

1) WA-QI IS NOT PROVIDING MEDICAL ADVICE OR TREATMENT AND DOES NOT GUARANTEE ANY RESULTS FROM ANY USE OF THE SERVICES.

2) WA-QI HEREBY SPECIFICALLY DISCLAIMS ANY AND ALL REPRESENTATIONS AND WARRANTIES, EXPRESS OR IMPLIED (INCLUDING WITHOUT LIMITATION ANY IMPLIED WARRANTY OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, VALIDITY, REGISTRABILITY, OR NON- INFRINGEMENT AND IMPLIED WARRANTIES ARISING FROM COURSE OF DEALING OR COURSE OF PERFORMANCE), REGARDING THE PRODUCTS, SERVICES, CONTENT, AND CURRICULUM.

3) WA-QI ASSUMES NO LIABILITY OR RESPONSIBILITY FOR: (i) ANY UNAUTHORIZED ACCESS TO OR USE OF QI BALANCE SERVERS AND/OR ANY AND ALL PERSONAL INFORMATION AND/OR FINANCIAL INFORMATION STORED THEREIN, (ii) ANY INTERRUPTION OR CESSATION OF TRANSMISSION TO OR FROM THE WEBSITE, (iii) ANY BUGS, VIRUSES, TROJAN HORSES, OR THE LIKE WHICH MAY BE TRANSMITTED TO OR THROUGH THE WEBSITE BY ANY THIRD PARTY, AND/OR (iv) ANY ERRORS OR OMISSIONS IN ANY CONTENT OR FOR ANY LOSS OR DAMAGE OF ANY KIND INCURRED AS A RESULT OF THE USE OF ANY CONTENT POSTED, EMAILED, TRANSMITTED, OR OTHERWISE MADE AVAILABLE VIA THE WEBSITE.

4) WA-QI DOES NOT WARRANT, ENDORSE, GUARANTEE, OR ASSUME RESPONSIBILITY FOR ANY PRODUCT OR SERVICE ADVERTISED OR OFFERED BY A THIRD PARTY THROUGH THE WEBSITE OR ANY HYPERLINKED WEBSITE OR FEATURED IN ANY BANNER OR OTHER ADVERTISING, AND WAQI WILL NOT BE A PARTY TO OR IN ANY WAY BE RESPONSIBLE FOR MONITORING ANY TRANSACTION BETWEEN YOU AND THIRD-PARTY PROVIDERS OF PRODUCTS OR SERVICES.

5) TO THE MAXIMUM EXTENT PERMISSIBLE UNDER APPLICABLE LAW, EXCEPT FOR INDEMNIFICATION OBLIGATIONS HEREUNDER, NEITHER PARTY (WA-QI OR THE USER) WILL BE LIABLE HEREUNDER TO THE OTHER PARTY OR ANY THIRD PARTY FOR ANY LOSS OF BUSINESS OR PROFITS, OR FOR ANY CONSEQUENTIAL, INCIDENTAL, PUNITIVE, OR SPECIAL DAMAGES, REGARDLESS OF THE FORM OF ACTION, WHETHER IN CONTRACT OR IN TORT, INCLUDING NEGLIGENCE, EVEN IF SUCH PARTY HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.

6) UNDER NO CIRCUMSTANCES SHALL WA-QI’S TOTAL LIABILITY OF ANY KIND ARISING OUT OF OR RELATED TO THIS AGREEMENT, REGARDLESS OF WHETHER BASED ON CONTRACT, TORT, (INCLUDING NEGLIGENCE), STRICT PRODUCT LIABILITY, INFRINGEMENT OR ANY OTHER LEGAL THEORY, EXCEED THE AMOUNTS PAID, IF ANY, BY THE USER TO WA-QI FOR THE SERVICES.

Severability

Should any provision of this Agreement be held by any court of competent jurisdiction to be void or unenforceable, such defect shall not affect the remainder of this Agreement, which shall continue in full force and effect unless and until terminated by Wa-Qi. Furthermore, if any term or condition of this Agreement is found by a court of competent jurisdiction to be invalid, the parties nevertheless agree that the court should endeavor to give effect to the intentions of the parties as reflected in the invalidated provisions.

Electronic Communications

When you access the Website or send e-mails to us, you are communicating with us electronically and you consent to receive communications from us electronically. We will communicate with you by e-mail or by posting notices on this site. You agree that all agreements, notices, disclosures and other communications that we provide to you electronically satisfy any legal requirement that such communications be in writing.

Prohibited Conduct

You agree not to use the Wa-Qi Websites to post, re-post or otherwise transmit information, data, text, software, music, sound, photographs, graphics, video, messages, tags, or other materials or other content generated by a User that:

- is patently offensive and/or promotes racism, bigotry, hatred or physical harm of any kind against any group or individual;

- harasses or advocates harassment of another person;

- exploits people in a sexual or violent manner;

 - contains nudity, violence, pornography (including so-called “revenge porn”), sexually explicit material or offensive subject matter;

 - provides any telephone numbers, street addresses, last names or email addresses of anyone other than your own;

 -promotes information that you know is false or misleading or promotes illegal activities or conduct that is abusive, threatening, obscene, extortionate, defamatory or libelous;

- violates any intellectual property rights or other proprietary rights of any third party, including content that promotes an illegal or unauthorized copy of another person’s copyrighted work, such as providing pirated computer programs or links to them, providing information to circumvent manufacturer-installed rights management or copy-protect software or devices, or material that consists of pirated content or which contains links to pirated content;

- involves the transmission of “junk mail,” “chain letters,” or unsolicited mass mailing, instant messaging, “spimming,” or “spamming”;

- contains restricted or password-only access pages or hidden pages or images (not linked to or from another accessible page);

- furthers or promotes any criminal activity, including criminal fraud or embezzlement,  or other criminal enterprise or provides instructional information about illegal activities;

- solicits passwords or personal identifying information from other Users;

- includes a photograph of another person that you have posted without that person’s consent or otherwise constitutes an invasion of an individual’s privacy or infringement of publicity rights;

- denigrates, ridicules, or demeans another person;

- launches any automated system, including, without limitation, “robots,” “spiders,” “offline readers,” etc., that accesses the Website in a manner that sends more request messages to Qi Balance servers in a given period of time than a human can reasonably produce in the same period by using a conventional on-line web browser;

- contains a virus or other harmful component;

- advertises any product or service or solicits any business; without limiting the foregoing, this restriction prohibits you from posting or e-posting online any Qi Balance video or programs, in whole or in part, for public or private consumption or use;

- identifies any individual under the age of 18;

 -impersonates any other person.

- uses any trade name or trade dress used by Qi Balance in any video, book, printed materials or otherwise in any media; without limiting the foregoing, you will not create, alter, or modify another website to falsely imply that it is associated with Qi Balance’s Website or pass off another website as the Qi Balance Website;

You further agree that you will not engage in any of the following activities:

- collect names and/or email addresses of Users for the purpose of sending commercial or unsolicited messages; you will not solicit other Users of the Website for any enterprise that competes, directly or indirectly, with Wa-Qi’s business;

- any automated use of the system, such as using scripts to alter Website content;

- access non-public areas of the Website, Wa-Qi’s computer systems, or the technical delivery systems of Wa-Qi’s internet servers or providers; and

- attempt to test the vulnerability of the Websites or servers.

Assignment

These Terms of Service, and any rights and licenses granted hereunder, may not be transferred or assigned by you, but may be assigned by us without restriction.

No Waiver

If we delay exercising or fail to exercise or enforce any right available to us under these Terms & Conditions of Use, such delay or failure will not and does not constitute a waiver of that right or any other rights under these Terms of Use. All such rights are fully reserved.

Registered User Disputes

You are solely responsible for your interactions with other registered Users. We reserve the right, but have no obligation, to monitor disputes between you and other registered Users.

Modification and Discontinuation

We reserve the right at any time to modify, edit, delete, suspend or discontinue, temporarily or permanently, the Website and/or the Services, or any portion thereof, with or without notice. You agree that we will not be liable to you or to any third party for any such modification, editing, deletion, suspension or discontinuance of the Website and/or the Services.

Relationship of the Parties

You acknowledge and agree that you and Wa-Qi are each independently contracting parties dealing at arm’s length with each other in connection with the licensing of intellectual property rights and the provision of Services. No partnership, joint venture, joint authorship, employment, fiduciary relationship, agency or other relationship is created between the parties.

Other Sites

Our Website may contain links to other sites owned by third parties. We are not responsible for examining or evaluating, and we do not warrant the products or offerings of, any of these businesses or individuals, or the accuracy of the content of their website. We do not assume any responsibility or liability for the actions, product, and content of any such website. Before you use any third party website, you should review the applicable terms of use and policies for such website. The inclusion of a link in any of the Websites does not imply our endorsement of the third party website. If you decide to access any such linked website, you do so at your own risk.

Term

This Agreement shall remain in full force and effect for so long as it is posted on any of the Websites or until it is terminated by us. 

Contact Information

Our contact email address is support@wa-qi.com. All questions and correspondence including queries regarding your use of the Products or these Terms & Conditions of Use may be sent to this email address.

PRIVACY POLICY

We collect, store, and utilize information that you provide, and that is collected through the use of website and mobile applications tracking technologies. We aim to be fully transparent in what data we collect and how it is used and stored, and to respect your right to privacy. If you have any questions regarding this privacy policy please email us at support@wa-qi.com.

The following describes:

1. What data we collect

2. How we use the data

3. Sharing and disclosure of the data

4. Where we store the data

5. How we secure the data

6. How long we keep the data

7. Your rights and choices

By utilizing the Services, you agree that we may collect, store, access, analyze, and utilize all information as described herein. If you do not agree to this Privacy Policy or any terms of the Terms & Conditions of Use, you should leave the Website and discontinue use of the Services immediately.

Data We Collect

The data we collect may vary depending on the Services that you select. We will collect data provided by you, and through the analysis of your use of the site, whether you are a registered or unregistered user. 

Data Provided by You

As is typical of many websites and mobile applications, when you use our Services, we may collect information about your device and your usage of our Services, including your IP address, your unique ID number associated with your device, other unique identifiers such as advertising identifiers (e.g., “ad-ID” or IDFA”), web browser and operating system information, language of your device, wireless connections you are using, referring page that linked you to us, your activities, including browsing and transaction history, pages, content and ads you view or click on during your use of our Services, and when and for how long you do so, the next website you visit after leaving our Website, and search terms you enter on our Services or a referral site.

To utilize the Services you will (or may) be required to provide data to personally identify yourself, including but not limited to your email address, name, date of birth, demographical information, address, interests, and preferences, as well as other information that could be used to identify you as an individual or allow someone to contact you, as well as information associated with such information (collectively, “Personal Information”). Those purchasing paid Content on the Websites will be required to provide a credit card number. We may also collect Personal Information not requested but which you have volunteered, such as information and images provided during interactions with other Users of the site or our customer service agents. In some circumstances you might provide us with information about other individuals, for example, when using a 'send to a friend' feature on the Websites.

Location Data

When using our Services from a mobile device (a “Mobile Service”), you may share the geographic location of your device with us. Your device location may be transmitted to us whenever a Mobile Service is running, even if you are not actively using the Mobile Service or it is running in the background on your device. Your device may continue to transmit its location to us until you change your device settings. If you block location sharing with us, certain features of our Services may not be available or their functions may be limited. Your network service provider may still provide general location information based on access points you’re connected to, for example. You may be able to limit what location information your service provider allows others to access. Check with your network service provider.  

 Information Collected During Your Use of Our Services

When you use our services we automatically record information about your usage of those Services and your interaction with our advertisements as well as information about the device you are using, geographical data, and your internet connection. We do this in two ways: 1) Log data: When you use our services, certain information gets recorded in our log files such as your device's Internet Protocol (IP) Address, its unique ID, its operating system and location, and your browser type, the pages you viewed, cookie information and referral links (the link that sent you to a particular page). 2) Tracking technologies: In conjunction with our log data we may use tracking technologies known as "cookies". These technologies enable us to recognize your device and to track your interaction with our Services. We do not intentionally collect or record personally identifiable information through these technologies. Do Not Track is a feature offered by some browsers which, when enabled, informs websites to request that your browsing is not tracked. Our Websites do not currently respond to Do Not Track requests.

How We Use Your Information

We will use your information to (1) analyze and administer our Services and your account with us, (2) to improve, customize and personalize our Services to your interests and history with us, (3) conduct market research, including generating analytics reports on your usage of our Services, (4) improve or develop new features and offerings in our Services, and (5) to serve you advertisements which may be tailored for you based on your use of the site. Other administrative uses of your information may include: prevention of fraud or abuse, fulfilling product orders, responding to questions, feedback, and requests, and to enforce our terms of service.

Data Sharing and Disclosure

All personal information collected by us is used exclusively by us for commercial purposes, and is not sold or otherwise provided to any other person or entity.

Certain Website content, such as social networking, may be controlled by third party providers. When you interact with these services they may collect information from and about you and your interaction with their content. This activity will be subject to the privacy policy of and your settings for your chosen network. These platforms may track your activity, through the use of cookies or similar technology, without you needing to interact with them. If this is a concern to you, ensure you logout of their services before using ours.

Where We Store the Data

We employ third party platforms to perform such technical services as serving video streams, membership management, and marketing, communication and promotional efforts. Personal information will be stored on their servers. We retain ownership rights to all personal information collected by third party platforms and, per their privacy policies, they represent that personal data will not be shared by our third party platform providers. They only have access to personal information needed to perform their functions, and they may not share any personal information with others or use it for any purpose other than providing or improving our Services. But while we will use our best efforts to protect your privacy, we make no guarantees that third party platforms will adequately and fully protect your data.

How We Secure the Data

We are committed to using our best efforts to protect the privacy of your information. We leverage industry-standard encryption algorithms to safeguard all of the information you provide to us including, but not limited to personal identifiable information, credit card information, billing address, etc. All information is encrypted and securely stored in our record system at rest. We also employ the use of Secure Sockets Layer (SSL) - the most widely accepted cryptographic protocol to protect communication between your browser with our website. Although SSL adds extra security to browser-to-server or server-to-browser communications, it is important to note that transmission of information via the Internet is not always completely secure, and that such transmission is at your own risk. If you correspond with us by email, text message, or using a “Contact Us” feature on our Services, a third party could view the information you send in transit by such means. We have no liability relating to disclosure of your information due to errors, omissions or unauthorized acts or failures to act by third parties during or after transmission. It is critically important for you to protect against unauthorized access to your password, your username and to your computer. If your password, username or unique identifiers are compromised, notify us immediately at support@wa-qi.com.  

How Long We Keep the Data

We will keep your Data for as long as you are a User with an active account, and for as long as is necessary to provide the relevant Services. Your Personal Information will be held for the purposes and uses set out in this Privacy Policy and for as long as there is a legal, taxation, accounting, risk management or business requirement to do so.  After your account becomes inactive, we will keep your information in accordance with our retention policies, and for as long as is reasonably required for the purposes for which such information was submitted. Different retention periods apply to different types of records and data which are dependent on the nature of your interaction with our Website and Services.

Your Rights and Choices

If you wish to stop receiving communications from us, please click ‘unsubscribe’ on the next email communication you receive, or write to us at support@wa-qi.com. However, please note that you will not be able to unsubscribe from certain service-related emails.

If you would like to know what information we hold about you, you may submit a request to us at support@wa-qi.com. We will use reasonable efforts to supply, correct or delete personal information about you on our files within a reasonable time or as required by law. Some requests may be subject to a small fee and, to protect your privacy, we may require you to prove your identity before granting access to personal information. We may be required to retain and/or to disclose certain information by law and/or for our own legitimate business purposes. 

How Do We Share the Information We Collect?

We may share your information:

(1) with our lawyers, auditors, and other professional advisors, third party advertising companies (including exchanges and brokers), and third party providers of services such as cloud storage, customer relationship management, analytics databases, who need your information to provide services to us;

(2) when we believe in good faith that disclosure is necessary to protect our rights or property, protect your safety or the safety of others, investigate fraud, or respond to a government agency, law enforcement, judicial or public authority, or other legal request, or to comply with the law;

(3) in connection with a proposed corporate change or dissolution, merger, acquisition, reorganization, consolidation, bankruptcy, liquidation, sale of assets or winding down of business;

We may share non-personally identifiable information about usage of the Services, including aggregate data, with others, for their own use, in a de-identified form. In addition, what you voluntarily post to public areas of our Services may be available to other Services users.

Changes to this Privacy Policy

We may change this Privacy Policy from time to time. If and when we do, we will post the changed Privacy Policy with a new “Last Updated” date. We may also tell you about changes by additional means, such as by sending an email to the email address we have on file for you.

These Terms are effective and were last updated on August 1, 2022.