Privacy

SAMARA SCHOOL, (“SAMARA SCHOOL,” “we”, “our”, “us”), operates and owns this website (together with any other website or apps branded as SAMARA SCHOOL, the “Website”).  SAMARA SCHOOL respects your privacy rights and is committed to protecting the information we collect from you online.

This Privacy Policy explains how we collect, use, disclose and manage your personal, company, financial and other information that you provide to us on this Website or otherwise, as well as how we care for your privacy and protect such information. 

 

This Privacy Policy applies, without limitation, to any individual or entity that (i) uses this Website, (ii) creates an account, or (iii) otherwise provides any personal, company, financial or other information to us.

INFORMATION GATHERED FROM ALL VISITORS

Aggregate Data

We gather certain generic information with respect to all visitors’ use of this Website, such as the number of unique visitors, the frequency with which they visit, and the areas on this Website that they favor.  We only use this type of data in aggregate, that is we look at the data on a collective basis, in summary form, rather than on an individual basis.  This data helps us to provide services and features that most likely meet your needs, and to customize this Website to make your experience easier and more enjoyable.  We may automatically track certain information about you based upon your behavior on this Website.  We use this information to do internal research on our users’ demographics, interests, and behavior to better understand, protect and serve our users.  This information is compiled and analyzed on an aggregated basis.

Cookies

We use a technology nicknamed “cookies” on the Website.  Cookies are pieces of information or data sent to your browser from a web server and stored on your computer’s hard drive for record-keeping purposes.  Cookies may be set upon your browser during site visits to save your site customization preferences and to save your password, so you do not have to re-enter your password upon each site visit.  Cookies help you navigate this Website and help us customize this Website to provide personal service.  We also use cookies to track user sessions and to gather site usage statistics.

IP Addresses

We collect and analyze traffic on this Website by keeping track of the IP addresses of our visitors.  IP addresses are unique numeric identifiers that are assigned to each computer browser accessing the Internet.  An IP address, by itself, cannot identify you personally.  However, when combined with other information provided by your Internet Service Provider (ISP), your IP address can be used to identify the computer originating a message.

COMMUNICATIONS

We reserve the right to communicate with you from time to time about important administrative, policy, legal, credit card, and billing matters, which will affect your use of this Website, including any alleged violations of our Terms of use (below).  If you are an account holder, you will automatically receive the following emails unless you choose to not receive them by following the instructions at the bottom of each email message on how to unsubscribe: (i) to contact you for feedback and surveys; or (ii) to send you relevant company or service-related information.

USE OF PERSONAL INFORMATION GATHERED

FROM USERS

If you elect to open a user account or otherwise interact with us, you will be required to provide us with certain personal information, including your name, email address, phone number, credit card, debit card or account number, expiration date, and billing address (this required information is subject to change from time to time).

There may also be opportunities for you to provide us with additional information regarding your preferences and interests, and we may also use this information to make recommendations to you regarding specific instructors and classes.  This information, however, is not required and is completely optional on your part.

In general, we will only use the information you provide to us for the purpose for which such information was provided, such as communications, billing and processing your account.  We may also track your use of this Website to determine which classes you participate in so that we can make recommendations to you regarding specific teachers and classes.  We also use such information to deliver information about SAMARA SCHOOL and our promotions.  Users may opt-out of receiving future mailings from us by following the instructions set forth herein.  We also use information for trend analysis, pattern detection, and site administration.  Your personal information may also be disclosed to a third party in the event of any merger, sale, joint venture, reorganization assignment, transfer or disposition of all or any portion of our business, assets or stock.

Your information may be disclosed by you, on blogs, message boards and other services to which you are able to post information and materials.  You should be aware that any information you disclose through these services will become public information and may be available to the public.

DISCLOSURE EXCEPTIONS

Notwithstanding the above policies, we reserve the right to disclose your personal information to appropriate third parties if we are required to do so by law: (i) to comply with legal process such as a search warrant, subpoena, or court order; (ii) to protect SAMARA SCHOOL’s rights and property; (iii) to investigate reports of users sending material using a false email address or users sending harassing, threatening, or abusive messages; (iv) to protect against misuse or unauthorized use of our Website and/or the SAMARA SCHOOL service; or (v) during emergencies, such as when we believe someone’s physical safety is at risk.

PROTECTION OF YOUR INFORMATION

To prevent unauthorized access or disclosure, maintain data accuracy and facilitate the appropriate use of information, we use physical, technological and administrative procedures to protect the personal information that we collect from loss, unauthorized access, modification, disclosure or other misuse.  Nevertheless, Internet transmissions are never completely private or secure.  You understand that any messages or information you send to us may be read or intercepted by others.  You should also be aware that certain aspects of this Website may not be confidential and are available for public viewing.  Any submissions that you may post to any publicly available blogs or other publicly available features of this Website are not confidential and may be viewed by other users.  By making personal information publicly available where this Website allows you to do so, you consent to such publication by SAMARA SCHOOL or its service providers and agents. 

OTHER MATTERS

Privacy of Children – COPPA Compliance:

This Website is not directed to children under the age of 13.  We assume user accounts on this Website are opened by adults.  We operate this Website in compliance with the Children’s Online Privacy Protection Act and do not permit registration by, and will not knowingly collect or use personally identifiable information from, anyone under 13 years of age.

California Residents:

California Civil Code Section 1798.83 permits visitors to websites who are residents of California to request information regarding the website owner’s disclosure of their personal information to third parties for direct marketing purposes.  It is our policy not to disclose your personal information to third parties for direct marketing purposes.

Changes to the Privacy Policy:

Modifications to our privacy policy will be reflected first within this area of this Website.  If there is a material change in our privacy policy, we will indicate on this Website that our policy has changed and provide a link to the new/revised privacy statement.

California Do Not Track Notice Disclosures:

We do not track our users and visitors over time and across third party websites to provide targeted advertising.  Consequently, we do not respond to Do Not Track (DNT) signals.  Other third-party websites may keep track of your browsing activities when they provide you with content which enables them to customize what they present to you on their websites.

ACCEPTANCE OF PRIVACY POLICY

Your use of our web sites, including any dispute concerning privacy, is subject to this Privacy Policy and the Terms of uses (below). BY USING THISWEBSITE, YOU ARE ACCEPTING THE PRACTICES SET OUT IN THIS PRIVACY POLICY AND OUR TERMS AND CONDITIONS. We reserve the right to modify this Privacy Policy at any time by posting the changes on this page.

 

Effective Date: December 2021 

TERMS OF USE

SAMARA SCHOOL, (“SAMARA SCHOOL,” “we”, “our”, “us”), operates and owns this website (together with any other website or apps branded as SAMARA SCHOOL, the “Website”). By accessing the Website, you are agreeing to be bound by these Terms of Use (which may be amended by us from time to time), all applicable laws and regulations, and agree that you are responsible for compliance with any applicable local laws (including any international laws). Your right to access and use the Website will terminate immediately, without any further action by us, if you breach these Terms of Use or we otherwise in our reasonable discretion determine that you are causing harm to the Website, yourself or any other party. By using the Website, you are agreeing to be bound by the then current version of these Terms of Use. The content contained in the Website is owned solely by SAMARA SCHOOL and protected by applicable copyright and trademark law. SAMARA SCHOOL may make changes to the content and materials contained on the Website at any time without notice.

USE LICENSE 

We are pleased to grant you a non-exclusive, revocable, limited license to use the Website solely for your personal and non-commercial use. You may only use the Website in the way the content you access is intended and in compliance with these Terms of Use and with any and all applicable laws, rules and regulations. You may not modify, copy, distribute, transmit, display, perform, reproduce, publish, license, commercially exploit, create derivative works from, transfer or sell any content, software, products or services contained with the Website.

DISCLAIMER 

The materials on the Website are provided “as is.” SAMARA SCHOOL makes no warranties, expressed or implied, and hereby disclaims and negates all other warranties, including without limitation, implied warranties or conditions of merchantability, fitness for a particular purpose, or non-infringement of intellectual property or other violation of rights. In particular, although SAMARA SCHOOL provides its products and services with your health and safety in mind, it is critical that you consult your physician, follow all provided safety and other instructions, and obtain authorization before accessing or using any of our products or services, especially if you are prone to injuries, are pregnant or nursing, or have any other unique or special medical conditions. The contents, products and services on the Website are provided for informational purposes only, and are not intended to diagnose any medical condition, replace the advice of a healthcare professional, or provide any medical advice, diagnosis, or treatment.

ACCOUNTS 

In creating an account, you may not misrepresent your identity and you may never use another person’s account for any purpose whatsoever. If you have previously had your access to or use of the Website terminated by us, you may not access or use the Website under any circumstances. You should never share your account information with third parties or allow third parties to use your account. Please keep your password confidential and be sure to exit from your account at the end of each session. You are responsible for all the activity on your account, including the use of your account by other people who you may or may not authorize to use your account.

LIMITATIONS 

In no event shall SAMARA SCHOOL or its subsidiaries or affiliates be liable for any damages (including, without limitation, damages for loss of data or profit, or due to business interruption) arising out of the use or inability to use the Website and any products and services offered by us. Because some jurisdictions do not allow limitations on implied warranties, or limitations of liability for consequential or incidental damages, these limitations may not apply to you.

LINKS AND ADVERTISING 

SAMARA SCHOOL has not reviewed all of the sites linked to the Website and is not responsible for the contents of any such linked site, including but not limited to, advertisements and content posted by third-parties. Use of any such linked website is at the user’s own risk.

ARBITRATION AND CLASS ACTION WAIVER 

In the event of any dispute between you and us regarding these Terms of Use, the Privacy Policy, the Website and/or any products or services purchased from the Website, you and SAMARA SCHOOL agree to first send the other party a notice of dispute, which is a written statement setting forth the name, address and contact information of the party giving the notice, the facts giving rise to the dispute and the relief requested. You must send any notice of dispute by e-mail to sylvie@samara-school.com. We will send any notice of dispute to you at the contact information we have for you. You and SAMARA SCHOOL will attempt to resolve any dispute through informal negotiation within 30 days from the date that the notice of dispute is sent. If we are unable to resolve a dispute by negotiation, you agree that disputes must be resolved through binding arbitration rather than by a court, provided that you may assert claims in small claims court if your claims qualify. The Federal Arbitration Act and federal arbitration law apply to these Terms of Use. There is no judge or jury in arbitration and court review of an arbitration award is limited. It is important that you understand that the arbitrator’s decision will be binding and may be entered as a judgment in any court of competent jurisdiction.

The arbitration will be conducted by the American Arbitration Association (“AAA”) under its rules, including the AAA’s Supplementary Procedures for Consumer-Related Disputes. The AAA’s rules are available at www.adr.org or by calling 1-800-778-7879. Payment of all filing, administration and arbitrator fees will be governed by the AAA’s rules. You agree to arbitrate with SAMARA SCHOOL only in your individual capacity and not as a representative or member of a class or in any consolidated or representative proceeding. As such, your claims may not be joined with any other claims and there shall be no authority for any dispute to be arbitrated on a class-action basis or brought by a purported class representative. No arbitration or proceeding can be combined with another without the prior written consent of all parties to the arbitration or proceeding. If the class action waiver is found illegal or unenforceable as to all or some parts of a dispute, those parts will be severed and proceed in a court of law, with the remaining parts proceeding in arbitration. For certain claims, like violations of these Terms of Use or breaches of intellectual property covenants, we reserve the right to seek injunctive relief in a court of competent jurisdiction. All arbitrations shall be initiated in New York County, New York State.

USE LICENSE 

We are pleased to grant you a non-exclusive, revocable, limited license to use the Website solely for your personal and non-commercial use. You may only use the Website in the way the content you access is intended and in compliance with these Terms of Use and with any and all applicable laws, rules and regulations. You may not modify, copy, distribute, transmit, display, perform, reproduce, publish, license, commercially exploit, create derivative works from, transfer or sell any content, software, products or services contained with the Website.

IMPORTANT AUTOMATIC RENEWAL AND SUBSCRIPTION-BASED PRODUCTS/SERVICES 

We offer certain products and services on an automatic or subscription basis, so you can enjoy all the benefits of our products or services on a continuous basis. If you choose this option at the time of your purchase, you agree such products/services will automatically renew at the frequency disclosed to you at the time of your initial purchase. By choosing the automatic renewal and subscription option, you acknowledge and agree your subscription will automatically renew at the then current rate, and unless you cancel, you authorize us to charge your payment card for the products/services you purchased, plus applicable shipping and handling, and taxes. If you purchased a subscription with a free trial period, you authorize us to charge your payment card when the free trial period ends, unless you cancel your subscription before the free trial period ends, and you will not receive a notice from us that your free trial period has ended. The charges will typically occur on or around the same day of the month as your initial purchase, although some charges may be delayed for business or legal reasons. Your automatic subscription will continue until you or we cancel your order. You may cancel your subscription at any time by accessing your account online. Any cancellation of your subscription must be received by us at least thirty (30) days prior to the next scheduled payment date in order to take effect for that period. If you cancel less than thirty (30) days prior to the automatic renewal day for your subscription, your subscription will continue as scheduled and your cancellation will take effect in the following period.

PAYMENTS ARE NONREFUNDABLE AND THERE ARE NO REFUNDS OR CREDITS FOR PARTIALLY USED PERIODS.

Following any cancellation, however, you will continue to have access to the service through the end of your current billing period.

PRIVACY POLICY

Your privacy is very important to us. Accordingly, we have developed a Privacy Policy for you to understand how we collect, use, communicate and disclose and make use of personal information. Please review our Privacy Policy carefully.

YOU HEREBY ACKNOWLEDGE AND AGREE THAT YOU HAVE READ AND UNDERSTAND THE FOREGOING AGREEMENT, AND THAT BY USING OR ACCESSING THE WEBSITE, YOU ARE AGREEING TO BE BOUND BY THE TERMS AND CONDITIONS SET FORTH HEREIN.

INTRODUCTION

Samara School, a (Soleproprietorship) company, based in New York, operates and owns this website (together with any other websites or apps branded as SAMARA SCHOOL, the “Website”).  By accessing this Website, you are agreeing to be bound by these Terms of Use (which may be amended by us from time to time), all applicable laws and regulations, and agree that you are responsible for compliance with any applicable local laws (including any international laws). Your right to access and use the Website will terminate immediately, without any further action by us, if you breach these Terms of Use or we otherwise determine that you are causing harm to the Website, yourself or anyone else.  The content contained in this Website is owned solely by SAMARA SCHOOL and protected by applicable copyright and trademark law.  SAMARA SCHOOL may make changes to the content and materials contained in this Website at any time without notice. Your use of this Website is subject to these terms and our Privacy Policy which may be updated from time to time (together, this “Agreement”).  Please read this Agreement carefully and make sure you understand it.  If you do not understand this Agreement, or do not accept any part of it, then you may not use this Webiste.

USE LICENSE 

We are pleased to grant you a non-exclusive, revocable, limited license to use this Website solely for your personal and non-commercial use.  You may only use this Website in the way the content you access is intended and in compliance with these Terms of Use and with any and all applicable laws, rules and regulations.  You may not modify, copy, distribute, transmit, display, perform, reproduce, publish, license, commercially exploit, create derivative works from, transfer or sell any content, software, products or services contained with this Website.

ACCOUNTS 

In creating an account, you may not misrepresent your identity and you may never use another person’s account for any purpose whatsoever.  If you have previously had your access to or use of the Website terminated by us, you may not access or use the Website under any circumstances.  You should never share your account information with third parties nor allow third parties to use your account.  Please keep your password confidential and be sure to exit from your account at the end of each session.  You are responsible for all the activity on your account, including the use of your account by other people who you may or may not be authorized to use your account.

IMPORTANT AUTOMATIC RENEWAL AND SUBSCRIPTION-BASED PRODUCTS/SERVICES 

We offer certain products and services on an automatic or subscription basis, so you can enjoy all the benefits of our products or services on a continuous basis.  If you choose this option at the time of your purchase, you agree such products/services will automatically renew at the frequency disclosed to you at the time of your initial purchase.  By choosing the automatic renewal and subscription option, you acknowledge and agree your subscription will automatically renew at the then current rate, and unless you cancel, you authorize us to charge your payment card for the products/services you purchased, plus applicable shipping and handling, and taxes. If you purchased a subscription with a free trial period, you authorize us to charge your payment card when the free trial period ends, unless you cancel your subscription before the free trial period ends, and you will not receive a notice from us that your free trial period has ended.  The charges will typically occur on or around the same day of the month as your initial purchase, although some charges may be delayed for business or legal reasons.  Your automatic subscription will continue until you or we cancel your order.  You may cancel your subscription at any time by accessing your account online. Any cancellation of your subscription must be received by us at least thirty (30) days prior to the next scheduled payment date in order to take effect for that period.  If you cancel less than thirty (30) days prior to the automatic renewal day for your subscription, your subscription will continue as scheduled and your cancellation will take effect in the following period.

PAYMENTS ARE NONREFUNDABLE AND THERE ARE NO REFUNDS OR CREDITS FOR PARTIALLY USED PERIODS.

Following any cancellation, however, you will continue to have access to the service through the end of your current billing period.

LIMITATIONS OF LIABILITY

In no event shall SAMARA SCHOOL nor its employees, agents, subsidiaries or affiliates, be liable for any damages including, without limitation, damages for loss of data or profits, business opportunities, goodwill, indirect, incidental or consequential loss or damages, punitive damages, personal injury nor property damages or due to business interruption, arising out of the use or inability to use this Website, any products and/or services offered by us, nor for any mistakes or inaccuracies of this website.  Because some jurisdictions do not allow limitations on implied warranties, or limitations of liability for consequential or incidental damages, these limitations may not apply to you. 

DISCLAIMER 

The materials on this Website are provided “as is.”  We make no, nor create any warranties, expressed or implied, and hereby disclaims and negate any and all other warranties, including without limitation, implied warranties or conditions of merchantability, fitness for a particular purpose, or non-infringement of intellectual property or other violation of rights.  In particular, although we provide our products and services with your health and safety in mind, it is critical that you consult your physician, follow all provided safety and other instructions, and obtain authorization before accessing or using any of our products or services, especially if you are prone to injuries, are pregnant or nursing, or have any other unique or special medical conditions.  The contents, products and services on this Website are provided for informational purposes only, and are not intended to diagnose any medical condition, replace the advice of a healthcare professional, or provide any medical advice, diagnosis, or treatment.

LINKS AND ADVERTISING 

We have not reviewed all of the sites linked to this Website and we are not responsible for the contents of any such linked site, including but not limited to, advertisements and content posted by third-parties.  Use of any such links is at your own risk.

ARBITRATION AND CLASS ACTION WAIVER 

In the event of any dispute between you and us regarding these Terms of Use, the privacy policy (above), the Website and/or any products or services purchased from the Website, you and SAMARA SCHOOL agree to first send the other party a notice of dispute, which is a written statement setting forth the name, address and contact information of the party giving the notice, the facts giving rise to the dispute and the relief requested. You must send any notice of dispute by e-mail to sylvie@samara-school.com . We will send any notice of dispute to you at the contact information we have for you. You and SAMARA SCHOOL will attempt to resolve any dispute through informal negotiation within 30 days from the date that the notice of dispute is sent. If we are unable to resolve a dispute by negotiation, you agree that disputes must be resolved through binding arbitration rather than by a court, provided that you may assert claims in small claims court if your claim qualify. The Federal Arbitration Act and federal arbitration law apply to these Terms of Use. There is no judge or jury in arbitration and court review of an arbitration award is limited. It is important that you understand that the arbitrator’s decision will be binding and may be entered as a judgment in any court of competent jurisdiction.

The arbitration will be conducted by the American Arbitration Association (“AAA”) under its rules, including the AAA’s Supplementary Procedures for Consumer-Related Disputes. The AAA’s rules are available at www.adr.org or by calling 1-800-778-7879. Payment of all filing, administration and arbitrator fees will be governed by the AAA’s rules. You agree to arbitrate with SAMARA SCHOOL only in your individual capacity and not as a representative or member of a class or in any consolidated or representative proceeding. As such, your claims may not be joined with any other claims and there shall be no authority for any dispute to be arbitrated on a class-action basis or brought by a purported class representative.  No arbitration or proceeding can be combined with another without the prior written consent of all parties to the arbitration or proceeding.  If the class action waiver is found illegal or unenforceable as to all or some parts of a dispute, those parts will be severed and proceed in a court of law, with the remaining parts proceeding in arbitration.  For certain claims, like violations of these Terms of Use or breaches of intellectual property covenants, we reserve the right to seek injunctive relief in a court of competent jurisdiction.  All arbitrations shall be initiated ininitiated in New York County, New York.

NO WAIVER

If you fail to comply with these Terms of Use and we do not take immediate action, this does not mean that we are giving up any rights that we may have (such as the right to take action in the future).

PRIVACY POLICY

Your privacy is very important to us. Accordingly, we have developed a Privacy Policy (above) for you to understand how we collect, use, communicate and disclose and make use of personal information.  Please review our Privacy Policy carefully.

GOVERNING LAW

All claims arising out of or relating to these terms or the Service will be governed by New York law, except New York’s conflict of laws rules, and will be litigated exclusively in the federal or state courts of New York County, New York, USA. You and YouTube consent to personal jurisdiction in those courts.

LIMITATION OF LEGAL ACTION

YOU AND SAMARA SCHOOL  AGREE THAT ANY CAUSE OF ACTION ARISING OUT OF OR RELATED TO THIS WEBSITE MUST COMMENCE WITHIN ONE (1) YEAR AFTER THE CAUSE OF ACTION ACCRUES.  OTHERWISE, SUCH CAUSE OF ACTION IS PERMANENTLY BARRED