Legal

Terms of Use

By accessing or using phodlarnghod.world, you agree to these Terms of Use, including a binding arbitration agreement and class action waiver in Section 14. Last updated:

Terms of Use

Last updated:

1. Acceptance of Terms and Eligibility

These Terms of Use (the "Terms") form a binding agreement between you ("you" or "User") and Phodlarnghod ("we", "us", or "our"). By accessing or using phodlarnghod.world (the "Site"), you agree to these Terms and our Privacy Policy. If you do not agree, do not use the Site.

You must be at least 18 years old (or the age of majority in your jurisdiction) to use the Site. By using the Site, you represent and warrant that you meet this requirement and that you have the legal capacity to enter into these Terms.

PLEASE READ SECTION 14 CAREFULLY. IT REQUIRES YOU AND US TO RESOLVE DISPUTES ON AN INDIVIDUAL BASIS THROUGH BINDING ARBITRATION AND WAIVES YOUR RIGHT TO PARTICIPATE IN A CLASS ACTION OR JURY TRIAL, EXCEPT AS DESCRIBED BELOW.

2. Site Operator

This Site is operated by:

Phodlarnghod
502 Ontario Ave, Park City, UT 84060, United States
Email: reply@phodlarnghod.world
Phone: +1 954 383 2818

3. The Service

The Site provides informational content about gentle morning movement routines, including text descriptions, illustrations, and structured session guides. The Site is free to read; we do not currently sell products or charge subscription fees. We may modify or discontinue any part of the Site at any time without notice.

4. License to Use

Subject to your compliance with these Terms, we grant you a limited, non-exclusive, non-transferable, non-sublicensable, revocable license to access and use the Site for your personal, non-commercial use only. All rights not expressly granted to you are reserved by us and our licensors.

5. Health, Fitness, and Assumption of Risk

The movement routines and related content described on the Site involve physical activity. Physical activity carries inherent risks, including but not limited to muscle strain, joint injury, soreness, dizziness, falls, aggravation of pre-existing conditions, and, in rare cases, serious injury.

Before beginning any new movement, exercise, or fitness practice, you should consult a qualified physician or licensed healthcare professional, especially if you (i) have a heart, lung, joint, or other medical condition, (ii) are pregnant or recently postpartum, (iii) are recovering from injury or surgery, (iv) take prescription medication, (v) experience dizziness, chest pain, or shortness of breath, or (vi) have any reason to believe physical activity could be harmful to you.

By using the Site and following any movement routine described here, you knowingly and voluntarily assume all risks associated with such activity. You agree to listen to your body, stop immediately if you feel pain, dizziness, or discomfort, and not attempt movements that are beyond your current ability. You are solely responsible for your safety and your choices.

The Site is not a substitute for in-person instruction or personalized supervision by a qualified professional.

6. No Medical Advice

Information on the Site is provided for general educational and informational purposes only. It is not medical advice and is not intended to diagnose, treat, cure, mitigate, or prevent any disease or health condition. Reading the Site does not create a doctor-patient relationship of any kind. Never disregard professional medical advice or delay seeking it because of something you have read on the Site. If you think you may have a medical emergency, call your doctor or 911 immediately.

7. Intellectual Property

The Site and all content on it — including text, illustrations, layouts, design elements, the "Phodlarnghod" name, and any logos — are owned by us or our licensors and are protected by United States and international copyright, trademark, and other intellectual property laws. Except for the limited license in Section 4, you may not copy, reproduce, distribute, modify, create derivative works of, publicly display, or commercially exploit any content on the Site without our prior written permission.

8. User Submissions

If you send us feedback, suggestions, ideas, or other materials (collectively, "Submissions") through the contact form or otherwise, you agree that: (a) Submissions are not confidential or proprietary, (b) we are under no obligation to keep them confidential, (c) we may use, reproduce, modify, and distribute them for any lawful purpose, and (d) you grant us a non-exclusive, perpetual, irrevocable, royalty-free, worldwide license to do so. You represent that you have all rights necessary to make the Submission and that it does not infringe on the rights of any third party.

9. Prohibited Uses

You agree not to:

  • Use the Site in any way that violates any applicable federal, state, local, or international law or regulation;
  • Use the Site to send unsolicited communications, spam, advertising, or chain letters;
  • Impersonate any person or entity or misrepresent your affiliation with any person or entity;
  • Attempt to gain unauthorized access to, interfere with, damage, or disrupt the Site, the servers on which it is hosted, or any networks connected to it;
  • Introduce viruses, malware, worms, Trojan horses, or other harmful code;
  • Scrape, crawl, harvest, data-mine, or otherwise extract content from the Site without our prior written consent;
  • Use any automated means (such as bots) to access the Site, except for legitimate, robots.txt-compliant indexing by recognized search engines;
  • Reverse-engineer, decompile, or attempt to derive the source code of any portion of the Site;
  • Remove, obscure, or alter any copyright, trademark, or other proprietary notice;
  • Use the Site to harass, abuse, threaten, or harm another person.

11. Disclaimer of Warranties

TO THE FULLEST EXTENT PERMITTED BY APPLICABLE LAW, THE SITE AND ALL CONTENT, MATERIALS, AND SERVICES MADE AVAILABLE THROUGH IT ARE PROVIDED ON AN "AS IS" AND "AS AVAILABLE" BASIS WITHOUT WARRANTIES OF ANY KIND, EITHER EXPRESS OR IMPLIED. WE DISCLAIM ALL WARRANTIES, INCLUDING WITHOUT LIMITATION THE IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE, AND NON-INFRINGEMENT.

WE DO NOT WARRANT THAT THE SITE WILL BE UNINTERRUPTED, TIMELY, SECURE, OR ERROR-FREE; THAT DEFECTS WILL BE CORRECTED; OR THAT THE SITE OR THE SERVERS THAT MAKE IT AVAILABLE ARE FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS. WE DO NOT WARRANT THE ACCURACY, COMPLETENESS, OR RELIABILITY OF ANY CONTENT.

SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OF CERTAIN WARRANTIES, SO SOME OF THE ABOVE EXCLUSIONS MAY NOT APPLY TO YOU.

12. Limitation of Liability

TO THE FULLEST EXTENT PERMITTED BY APPLICABLE LAW, IN NO EVENT WILL PHODLARNGHOD, ITS AFFILIATES, OR ITS OR THEIR DIRECTORS, OFFICERS, EMPLOYEES, AGENTS, OR LICENSORS BE LIABLE FOR ANY INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL, EXEMPLARY, OR PUNITIVE DAMAGES, OR ANY LOSS OF PROFITS, REVENUES, DATA, GOODWILL, OR OTHER INTANGIBLE LOSSES, ARISING OUT OF OR RELATING TO YOUR ACCESS TO OR USE OF (OR INABILITY TO ACCESS OR USE) THE SITE OR ANY CONTENT ON IT — WHETHER BASED ON WARRANTY, CONTRACT, TORT (INCLUDING NEGLIGENCE), STATUTE, OR ANY OTHER LEGAL THEORY, AND WHETHER OR NOT WE HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.

OUR AGGREGATE LIABILITY FOR ANY CLAIM ARISING OUT OF OR RELATING TO THE SITE OR THESE TERMS WILL NOT EXCEED ONE HUNDRED U.S. DOLLARS (USD $100). SOME JURISDICTIONS DO NOT ALLOW THE LIMITATION OR EXCLUSION OF LIABILITY FOR CERTAIN DAMAGES, SO SOME OF THE ABOVE LIMITATIONS MAY NOT APPLY TO YOU.

Nothing in these Terms limits liability that cannot be excluded under applicable law, including liability for fraud, gross negligence, or willful misconduct.

13. Indemnification

To the fullest extent permitted by applicable law, you agree to indemnify, defend, and hold harmless Phodlarnghod and its affiliates, officers, directors, employees, agents, and licensors from and against any and all claims, liabilities, damages, judgments, awards, losses, costs, and expenses (including reasonable attorneys' fees) arising out of or relating to (a) your use of the Site, (b) your violation of these Terms, (c) your violation of any applicable law or any rights of a third party, or (d) any content you submit to us. We reserve the right to assume the exclusive defense and control of any matter otherwise subject to indemnification, in which case you agree to cooperate.

14. Dispute Resolution; Binding Arbitration; Class Waiver

Please read this section carefully. It affects your rights, including the right to file a lawsuit in court.

(a) Informal Resolution. Before filing a claim, you agree to attempt to resolve any dispute informally by emailing us at reply@phodlarnghod.world with a written notice describing the nature and basis of the claim and the relief sought. The parties will attempt in good faith to resolve the dispute within 60 days of receipt of the notice.

(b) Binding Arbitration. If a dispute is not resolved informally, you and we agree that any dispute, claim, or controversy arising out of or relating to these Terms or the Site will be resolved by binding individual arbitration administered by the American Arbitration Association ("AAA") under its Consumer Arbitration Rules, then in effect. The arbitration will be held in Salt Lake County, Utah, or by video/teleconference, or, at your election, in the county where you reside. Judgment on the award may be entered in any court of competent jurisdiction. The Federal Arbitration Act ("FAA") governs the interpretation and enforcement of this section.

(c) Class Action Waiver. YOU AND WE AGREE THAT EACH MAY BRING CLAIMS AGAINST THE OTHER ONLY IN AN INDIVIDUAL CAPACITY AND NOT AS A PLAINTIFF OR CLASS MEMBER IN ANY PURPORTED CLASS, COLLECTIVE, OR REPRESENTATIVE PROCEEDING. The arbitrator may not consolidate more than one person's claims and may not preside over any form of representative or class proceeding.

(d) Exceptions. Notwithstanding the foregoing, either party may (i) bring an individual action in small-claims court, and (ii) seek injunctive or other equitable relief in a court of competent jurisdiction to prevent the actual or threatened infringement, misappropriation, or violation of intellectual property rights.

(e) Opt-Out. You may opt out of this arbitration agreement by sending written notice to reply@phodlarnghod.world within 30 days after first accepting these Terms. The notice must include your name, address, and a clear statement that you wish to opt out of arbitration. Opting out does not affect any other provision of these Terms.

(f) Survival. This section survives termination of these Terms.

15. Governing Law and Venue

These Terms and any dispute or claim arising out of or relating to them or the Site are governed by the laws of the State of Utah, United States, without regard to its conflict of law principles, and, where applicable, by the laws of the United States. Subject to Section 14, the parties agree to the exclusive jurisdiction and venue of the state and federal courts located in Salt Lake County, Utah, for any matter not subject to arbitration.

16. DMCA Copyright Policy

We respect the intellectual property rights of others and expect users to do the same. If you believe that content on the Site infringes your copyright, you may submit a notice under the Digital Millennium Copyright Act ("DMCA") to our designated agent. Your notice must include all of the following:

  1. A physical or electronic signature of the copyright owner (or someone authorized to act on their behalf);
  2. Identification of the copyrighted work claimed to have been infringed;
  3. Identification of the material on the Site that is claimed to be infringing, with information reasonably sufficient to permit us to locate it (such as the URL);
  4. Your contact information (address, telephone number, email);
  5. A statement that you have a good-faith belief that the use is not authorized by the copyright owner, its agent, or the law; and
  6. A statement, under penalty of perjury, that the information in your notice is accurate and that you are the copyright owner or authorized to act on the owner's behalf.

Send DMCA notices to: Phodlarnghod — DMCA Agent, 502 Ontario Ave, Park City, UT 84060, United States, or by email to reply@phodlarnghod.world with the subject line "DMCA Notice." We may, in appropriate circumstances, remove allegedly infringing content and terminate access for repeat infringers. Counter-notices may be submitted in writing to the same address.

17. California Consumer Notice

Under California Civil Code § 1789.3, California residents are entitled to the following consumer rights notice: the Complaint Assistance Unit of the Division of Consumer Services of the California Department of Consumer Affairs may be contacted in writing at 1625 North Market Blvd., Suite N 112, Sacramento, CA 95834, or by telephone at (800) 952-5210.

18. Electronic Communications

By using the Site or submitting information through it, you consent to receive electronic communications from us (such as emails responding to your inquiry). You agree that any notices, agreements, disclosures, or other communications we send to you electronically will satisfy any legal communication requirements, including a requirement that the communication be in writing.

19. Termination

We may, in our sole discretion and without notice, restrict, suspend, or terminate your access to all or any part of the Site at any time, for any reason, including for any violation of these Terms. Provisions that by their nature should survive termination — including Sections 5–17 and 20 — will survive.

20. Miscellaneous

Entire Agreement. These Terms, together with our Privacy Policy and Cookie Policy, constitute the entire agreement between you and us regarding the Site and supersede all prior agreements.

Severability. If any provision of these Terms is held invalid or unenforceable, the remaining provisions will remain in full force and effect, and the invalid provision will be modified to the minimum extent necessary to make it enforceable.

No Waiver. Our failure to enforce any right or provision of these Terms is not a waiver of that right or provision.

Assignment. You may not assign or transfer these Terms or any rights under them without our prior written consent. We may assign these Terms freely.

Force Majeure. We are not liable for delays or failures resulting from causes beyond our reasonable control.

No Agency. No agency, partnership, joint venture, or employment relationship is created by these Terms.

Headings. Headings are for convenience only and have no legal effect.

21. Changes to These Terms

We may revise these Terms from time to time. The "Last updated" date at the top of this page indicates when these Terms were last revised. Material changes will be highlighted on the Site. By continuing to use the Site after revisions become effective, you accept the revised Terms. If you do not agree, your sole remedy is to stop using the Site.

22. Contact

For questions about these Terms, please contact:

Phodlarnghod
Attn: Legal
502 Ontario Ave, Park City, UT 84060, United States
Email: reply@phodlarnghod.world
Phone: +1 954 383 2818