Terms of Use

PLEASE READ THIS LEGAL DOCUMENT CAREFULLY.

Pale Hearse, LLC (“Pale Hearse”, “Nuestra Ultima Partida”, “we” or “us”) provides end-of-life products, services, content and support, through Pale Hearse’s numerous distribution channels and website (https://palehearse.com), any Pale Hearse community website, any other website sponsored or provided by Pale Hearse (the “Sites”), Pale Hearse-controlled social media pages, streaming services, Pale Hearse software, and our technology (collectively with the Sites, the “Services”).

These Terms of Services (“Terms”) explain the rules that apply to you while you use the Services. By downloading, accessing, or using the Sites or Services and by registering as a user or creating a profile within the Sites, you acknowledge that you have read and understand the Terms and that you accept and agree to be bound by the Terms. The Terms and our Privacy Policy form a legally binding agreement between you and Pale Hearse, and are the rules about your access and use, and our provision of, the Services and any other technology, content, items, or other materials provided by or through the Sites or the Services. IF YOU DO NOT AGREE TO THE TERMS, YOU MAY NOT ACCESS OR USE THE SERVICES.

If you have any questions about these Terms or the Services, feel free to contact us at: info@palehearse.com 

  1. Who Can Use Pale Hearse Services
    • All users of the Pale Hearse Services:
      • Must be at least 16 years of age, and if you are under the age of majority in your home country, have permission from your parent or legal guardian to use the Services;
      • Affirm that you are in good physical health and have consulted with your physician about beginning any of our programs;
      • Acknowledge that you are solely responsible for listening to your body, taking part at your own pace and modifying any instructions or instructor suggested physical adjustments to your level of ability and physical and mental condition; and
      • Must comply with these Terms and all applicable local, state, national and international laws, rules and regulations.

      Please do not use the Services if you do not meet the above requirements.

  2. Pale Hearse’s Intellectual Property; Limited License to Pale Hearse Services
    • Ownership You acknowledge and agree that the Services, and any logos,  names, designs, text, graphics, software, content, files, materials, and any  other intellectual property rights contained in the Sites or the Services,  including without limitation any copyrights, patents, trademarks,  proprietary or other rights contained therein, related thereto, or otherwise  arising therefrom are owned by us or our affiliates, licensors or suppliers.  You also acknowledge and agree that the source and object code of the  Sites and the format, directories, queries, algorithms, structure and  organization of the Sites are our intellectual property, proprietary and  confidential information. You expressly agree that you will do nothing  inconsistent with our ownership of the Services, and that you gain no  rights, title, or interest in or to any Services or any goodwill associated with  the Services. In addition, except as expressly set out in the Terms, you are  not conveyed any right or license by implication, estoppel, or otherwise in or under any patent, trademark, copyright, or other proprietary right of  Pale Hearse or any third party. Any and all goodwill arising from your use  of any Services shall inure solely to the benefit of Pale Hearse. 
    • Limited License For any Services which allows you to use any software,  content, or other materials owned or licensed by us, we grant you a  limited, revocable, non-exclusive, non-sublicensable, non-transferable  license solely to access and use the specific Services, and any related  software, content, or other materials for your personal, non-commercial  use only. 
    • Restrictions You are prohibited from, and expressly agree that you will not:  (i) circumvent or disable any content protection system, digital rights  management technology, user and/or country limitations or any other  technology used with any Service; (ii) decompile, reverse engineer,  disassemble or otherwise reduce any Services to a human-readable form;  (iii) remove identification, warnings, disclaimers, disclosures, copyright or  other proprietary notices in or on the Services; (iv) access or use any  Services in an unlawful or unauthorized manner or in a manner that  suggests an association with our content, products, services or brands,  unless you have an executed agreement with us that allows for such  activity; (v) use, alter, copy, modify, store, sell, reproduce, distribute,  republish, download, publicly perform, display, post, transmit, create  derivative works of, or exploit any Services or any part of the Service,  except as expressly authorized in the Terms; (vi) introduce a virus or other  harmful component, or otherwise tamper with, impair or damage any  Services or connected network, or interfere with any person or entity’s use  or enjoyment of any Service; (vii) access, monitor, or copy any element of  the Services using a robot, spider, scraper or other automated means or  manual process without our express written permission; or (viii) sell, resell,  or make commercial use of the Services. 
  3. Third Party Services and Content:
    The Services may integrate, be integrated into, or be provided by or in connection with  third-party instructors, services, applications, tools, interfaces, content, websites and/ormaterials (“Third-Party Services”). We do not review or control any Third-Party Services,  and we make no claim or representation regarding, and accept no responsibility for, the  quality, content, nature, or reliability of Third-Party Services accessible from our Sites or  any other element of the Services. We are not responsible for any content provided by,  on, or through these Third-Party Services. You should read the terms of use and privacy  policies that separately apply to these Third-Party Services.
  4.  Mobile Networks; Texting:
    When you access and use the Sites or any Services through a mobile network, or you  sign up for our text message programs, your network or roaming provider’s messaging,  data and other rates and fees may apply. Not all Services may work with your mobile  network provider or device.
  5. User Accounts; Registration
    The Services require you to create an account to use the Services that we provide. You  agree to provide and maintain accurate, current and complete information for your  accounts, including as applicable, your name, contact, and payment information. You  agree not to impersonate or misrepresent your affiliation with any person or entity,  including using another person’s username, password or other account information, or  another person’s name, image, photo or likeness, or if Applicable, provide false details  for a parent or guardian. You agree that we may take steps to verify the accuracy of  information you provide. You are responsible for maintaining the confidentiality of your username and password,  and you are responsible for all activities under your account that you can reasonably control. Do not share your password or other login information with any person; any use  of your account by any person other than yourself is grounds for suspension or  termination of your account.
  6. User Generated Content The Services may allow you and users of our websites to communicate, submit, upload  or otherwise make available text, reviews, stories, images, photos, audio, video, media,  chats, personally identifiable information, feedback about our products and services,  testimonials, success stories, or other content (“User Generated Content”). User  Generated Content that you submit to us will be stored, maintained and used by us in  accordance with our Privacy Policy. You acknowledge certain types of User Generated  Content that you submit, such as chats, photos, reviews, and message board entries,  may be accessed and viewed by the public. Pale Hearse is an inclusive community open to all. You may not submit or upload User  Generated Content that is harmful and disruptive, or content that will cause harm if  disclosed including, without limitation:
    • Content containing or promoting racism, hate speech, violence, and illegal  activity; 
    • Spam, unauthorized advertising, and other forms of solicitation;
    • Content intended to disparage, defame, abuse, intimidate, bully, threaten,  or otherwise harass other people; or 
    • Others’ personal information or any other information that you do not  have the permission to disclose.

    Although we want all users to comply with all User Generated Content requirements, we  do not have any obligation to monitor and review User Generated Content for 

    compliance. However, if we do see User Generated Content that violates these rules or if  we simply think that User Generated Content is not appropriate for the Services, we  may, at our sole discretion, either remove or edit the User Generated Content without  letting you know ahead of time, or we may terminate your ability to submit User  Generated Content. If you see User Generated Content that violates the Terms, please  let us know at info@palehearse.com

    License to Your User Generated Content 

    Your User Generated Content is yours to keep, but by creating the User Generated  Content you grant us a perpetual, fully paid-up, non-exclusive, sublicensable, irrevocable  and royalty-free worldwide license to use, reproduce, transmit, print, publish, publicly  display, exhibit, distribute, redistribute, copy, index, comment on, modify, adapt,  translate, create derivative works of, publicly perform, make available and otherwise  exploit such User Generated Content, in whole or in part, in any and all media and  channels now known or hereafter devised, in any number of copies and without limit as  to time, manner and frequency of use, without further notice to you, with or without  attribution, and without the requirement of permission from or payment to you or any  other person or entity. This includes our use of your User Generated Content in  connection with any advertising, product packaging, printed publications, presentations,  promotional materials, events and associated marketing materials, television and digital  commercials, videos, social media websites, Applications, or on our websites or in any  other commercial manner.

  7. Professional Advice Disclaimer
    • Professional Advice Disclaimer. THE SERVICES OFFERS PERSONAL HEALTH  AND WELLBEING INFORMATION AND IS DESIGNED FOR EDUCATIONAL  AND ENTERTAINMENT PURPOSES ONLY. YOU SHOULD CONSULT YOUR  PHYSICIAN BEFORE BEGINNING A NEW HEALTH AND WELLBEING  PROGRAM. YOU SHOULD NOT RELY ON INFORMATION OR HEALTH AND  WELLBEING PROGRAMS AVAILABLE IN OR VIA THE SERVICES AS A  SUBSTITUTE FOR PROFESSIONAL MEDICAL ADVICE, DIAGNOSIS, OR  TREATMENT. IF YOU HAVE ANY CONCERNS OR QUESTIONS ABOUT YOUR  HEALTH, YOU SHOULD ALWAYS CONSULT WITH A PHYSICIAN OR OTHER  HEALTHCARE PROFESSIONAL. DO NOT DISREGARD, AVOID, OR DELAY  OBTAINING MEDICAL OR HEALTH RELATED ADVICE FROM YOUR  HEALTHCARE PROFESSIONAL BECAUSE OF INFORMATION AVAILABLE ON  THE SERVICES OR COMMUNICATED TO YOU THROUGH THE SERVICE. THE  USE OF INFORMATION PROVIDED THROUGH THE SERVICES IS SOLELY AT  YOUR OWN RISK. 
    • DO NOT LISTEN TO AUDIO OR VIDEO MEDITATION EDUCATIONAL  MATERIALS WHILE DRIVING OR OPERATING HEAVY EQUIPMENT, OR  WITH OTHER DEVICES THAT MAY INFLUENCE YOUR STATE OF  CONSCIOUSNESS.NOTHING STATED OR POSTED ON THE SERVICES OR  AVAILABLE THROUGH THE SERVICES IS INTENDED TO BE, AND MUST  NOT BE TAKEN TO BE, THE PRACTICE OF MEDICAL OR COUNSELING  CARE. FOR PURPOSES OF THE AGREEMENT, THE PRACTICE OF MEDICINE  AND COUNSELING INCLUDES, WITHOUT LIMITATION, PSYCHIATRY,  PSYCHOLOGY, PSYCHOTHERAPY, OR PROVIDING HEALTH CARE  TREATMENT, INSTRUCTIONS, DIAGNOSIS, PROGNOSIS OR ADVICE. THE  SERVICES IS CONTINUALLY UNDER DEVELOPMENT AND PALE HEARSE  MAKES NO WARRANTY OF ANY KIND, IMPLIED OR EXPRESS, AS TO ITS  ACCURACY, COMPLETENESS OR APPROPRIATENESS FOR ANY PURPOSE.  IN THAT REGARD, DEVELOPMENTS IN MEDICAL RESEARCH MAY IMPACT  THE HEALTH, FITNESS AND NUTRITIONAL ADVICE THAT APPEARS ON THE  SERVICE. NO ASSURANCE CAN BE GIVEN THAT THE ADVICE CONTAINED  IN THE SERVICES WILL ALWAYS INCLUDE THE MOST RECENT FINDINGS  OR DEVELOPMENTS WITH RESPECT TO THE PARTICULAR MATERIAL.
    • Medical Disclaimer. In using the Service, you affirm that either your  physician has approved your use of the Services or that all of the following  statements are true: (i) no physician has ever informed you that you have a  heart condition or that you should only do physical activities  recommended by a physician; (ii) you have never felt chest pain when  engaging in physical activity; (iii) you have not experienced chest pain  when not engaged in physical activity at any time within the past month;  (iv) you have never lost your balance because of dizziness and you have  never lost consciousness as a result of exertion; (v) you do not have a bone  or joint problem that could be made worse by a change in your physical  activity; (vi) your physician is not currently prescribing drugs for your  blood pressure or heart condition; (vii) you do not have a history of high  blood pressure; and (viii) you do not know of any other reason you should  not exercise. You are responsible for providing accurate information and  disclosing any health or medical issues.
  8. Assumption of the RiskYou recognize that some wellbeing activities included in the Services requires physical  exertion, which may be strenuous and may cause physical injury, and you are fully aware  of the risks and hazards involved, including risk of physical or psychological injury, pain,  suffering, illness, disfigurement, temporary or permanent paralysis and/or death. In  consideration for being permitted to use the Sites and the Services, you agree, on behalf  of yourself and behalf of your heirs, personal representatives, spouse, next kin,  successors and assigns that there are certain inherent risks associated with my use of  the Sites and Services, to assume full responsibility for personal injury to yourself, and  further release and forever discharge Pale Hearse and its affiliates, successors and  assigns, officers, employees, representatives, partners, and agents (each a “Released  Party”), in such Released Party’s individual and/or corporate capacity from causes of action of any nature and kind, known and unknown, which you may have against any  Released Party arising out of or related to any for injury, death, loss or damage related  to use of the Sites or Services whether your fault or the fault of third parties. In further  consideration of being permitted to use the Sites and Services, you knowingly,  voluntarily and expressly waive all claims that you may have against any Released Party  for injury, death, loss or damages that you may sustain as a result of using the Sites or  Services. 
  9. Enforcement Rights
    We are not obligated to monitor access or use of the Sites or the Services; however, we  reserve the right to do so for purposes of operating and maintaining the Sites or the  Services, as applicable, ensuring your compliance with the Terms, and complying with  applicable legal requirements. We may disclose unlawful conduct to law enforcement  authorities, and we may cooperate with law enforcement authorities to investigate users  who violate the law. We reserve the right (but are not required) to remove or disable any  content posted to the Sites or access to Sites or Services at any time and without notice,  and at our sole discretion, if we determine in our sole discretion that your content or use  of the Sites or Services is objectionable or violates the Terms.
  10. Disclaimer of Warranties and Conditions AS IS. YOU EXPRESSLY UNDERSTAND AND AGREE THAT TO THE EXTENT PERMITTED  BY APPLICABLE LAW, PALE HEARSE PROVIDES THE SERVICES ON AN “AS IS” AND “AS  AVAILABLE” BASIS, WITH ALL FAULTS, AND YOUR USE THE SITES AND SERVICES IS AT  YOUR OWN, SOLE RISK. NO ADVICE OR INFORMATION, WHETHER ORAL OR WRITTEN, 

    PROVIDED BY PALE HEARSE WILL CREATE ANY WARRANTY NOT EXPRESSLY MADE  HEREIN. PALE HEARSE PARTIES EXPRESSLY DISCLAIMS ANY AND ALL WARRANTIES OF  ANY KIND, WHETHER EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO IMPLIED  WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, NON INFRINGEMENT, AND ANY OTHER WARRANTY THAT MIGHT ARISE UNDER ANY LAW  WITH RESPECT TO THE SERVICE. 

    WITHOUT LIMITING THE FOREGOING, PALE HEARSE MAKES NO REPRESENTATIONS OR  WARRANTIES:

    THAT THE SERVICES IS OR WILL BE PERMITTED OR FUNCTION PROPERLY  WHERE YOU LIVE OR ACCESS THE SITES OR SERVICES; 

    • THAT THE SERVICES WILL BE UNINTERRUPTED, TIMELY, SECURE, OR  ERROR-FREE; 
    • THAT THE RESULTS THAT MAY BE OBTAINED FROM USE OF THE SERVICES  OR PRODUCTS WILL BE ACCURATE OR RELIABLE; 
    • REGARDING THE QUALITY, EFFECTIVENESS, REPUTATION AND OTHER  CHARACTERISTICS OF THE SERVICES OR PRODUCTS; 
    • THAT THE SERVICES WILL BE WITHOUT DELAYS, CANCELLATION, OR  OTHER DISRUPTIONS; OR 
    • CONCERNING SITES AND RESOURCES OUTSIDE OF THE SERVICE, EVEN IF  LINKED FROM THE SERVICE.

    FROM TIME TO TIME, PALE HEARSE MAY OFFER NEW “BETA” FEATURES OR TOOLS THAT ITS USERS MAY TEST AND EVALUATE. SUCH FEATURES OR TOOLS ARE OFFERED SOLELY FOR EVALUATION PURPOSES AND WITHOUT ANY WARRANTY OF ANY KIND, AND MAY BE MODIFIED OR DISCONTINUED AT PALE HEARSE’S SOLE DISCRETION.

  11. Limitation of Liability

    • DISCLAIMER OF CERTAIN DAMAGES YOU UNDERSTAND AND AGREE  THAT TO THE FULLEST EXTENT PERMITTED BY APPLICABLE LAW, PALE  HEARSE WILL NOT BE LIABLE TO YOU OR ANY OTHER PARTY FOR ANY  INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL, PUNITIVE, OR  EXEMPLARY DAMAGES, INCLUDING BUT NOT LIMITED TO DAMAGES FOR  LOSS OF PROFITS, GOODWILL, USE, DATA, BUSINESS OR OTHER  INTANGIBLE LOSSES OR PROCUREMENT OF SUBSTITUTE GOODS OR  SERVICES, IN EACH CASE WHETHER OR NOT PALE HEARSE HAS BEEN  ADVISED OF THE POSSIBILITY OF SUCH DAMAGES, ARISING OUT OF OR  IN CONNECTION WITH THE TERMS OR THE SERVICE, INCLUDING ANY  COMMUNICATIONS, INTERACTIONS OR MEETINGS WITH OTHER USERS  OF THE SERVICE, ON ANY THEORY OF LIABILITY, WHETHER BASED ON  WARRANTY, COPYRIGHT, CONTRACT, TORT (INCLUDING NEGLIGENCE),  PRODUCT LIABILITY OR ANY OTHER LEGAL THEORY. 

    • CAP ON LIABILITY YOU UNDERSTAND AND AGREE THAT TO THE FULLEST  EXTENT PERMITTED BY APPLICABLE LAW PALE HEARSE’S LIABILITY TO  YOU OR ANY OTHER PARTY ARISING OUT OF OR IN CONNECTION WITH  THE TERMS OR THE SERVICE, INCLUDING ANY COMMUNICATIONS,  INTERACTIONS, OR MEETINGS WITH OTHER USERS, WILL NOT EXCEED, IN  THE AGGREGATE (FOR ALL CLAIMS), THE TOTAL AMOUNT ACTUALLY  PAID BY YOU TO PALE HEARSE OVER THE THREE (3) MONTHS PRECEDING  THE DATE YOUR FIRST CLAIM AROSE. 

    • USER CONTENT EXCEPT FOR PALE HEARSE’S OBLIGATIONS TO PROTECT  YOUR PERSONAL DATA AS SET FORTH IN OUR PRIVACY POLICY, PALE  HEARSE ASSUMES NO RESPONSIBILITY FOR THE TIMELINESS, DELETION,  MIS-DELIVERY, OR FAILURE TO STORE ANY CONTENT (INCLUDING, BUT  NOT LIMITED TO, YOUR USER GENERATED CONTENT AND ANY OTHER  USER CONTENT), USER COMMUNICATIONS OR PERSONALIZATION  SETTINGS. 

    • EXCLUSION OF DAMAGES IF YOU LIVE IN A JURISDICTION THAT DOES  NOT ALLOW CERTAIN EXCLUSIONS OR LIMITATIONS OF LIABILITY, THE  ABOVE EXCLUSIONS OR LIMITATIONS MAY NOT APPLY TO YOU. TO THE  EXTENT THAT ANY ASPECT OF THE LIMITATIONS SET FORTH ABOVE DOES  NOT APPLY, ALL REMAINING ASPECTS SURVIVE. THE EXCLUSIONS AND 

      LIMITATIONS OF DAMAGES SET FORTH ABOVE ARE FUNDAMENTAL  ELEMENTS OF THE BASIS OF THE BARGAIN BETWEEN PALE HEARSE AND  YOU 

  12. Indemnification
    You agree to indemnify, defend, and hold harmless Pale Hearse and its directors,  officers, employees, and agents, from and against all claims, damages, losses and costs  that arise from or relate to
    • your activities on the Service,

    • any User Generated Content submitted by or on behalf of you, or your violation of the Terms.

  13. Class Action Waiver
    YOU AND PALEHEARSE AGREE THAT EACH OF US MAY BRING CLAIMS AGAINST THE  OTHER ONLY IN AN INDIVIDUAL CAPACITY, AND NOT AS A PLAINTIFF OR CLASS  MEMBER IN ANY PURPORTED CLASS OR REPRESENTATIVE PROCEEDING. Further, if the  parties’ dispute is resolved through arbitration, neither JAMS nor the arbitrator may  consolidate another person’s claims with your claims or otherwise preside over any form  of a representative or class proceeding for any purpose.
  14. Intellectual Property Infringement
    We respect the intellectual property rights of others and we expect our users to do the  same. To report a copyright, trademark or other intellectual property rights  infringement, please contact us at info@palehearse.com, using the heading “Intellectual  property report”.

  15. Limitations and Changes to the Services 

    We will use every reasonable effort to keep the Services operational, but from time to  time, there may be some technical difficulties or maintenance that cause temporary  interruption to your access to the Services. 

    In addition, we’re always thinking of ways to improve the Services for our users, whether  by adding or removing features and functionalities or by suspending or stopping the  Services altogether. We will try to notify you of any changes or scheduled interruptions  to Services access beforehand, but we can’t guarantee that we always will. 

  16. Changes to the Terms 

    From time to time, we may make changes these Terms. If we make any material  changes, we will let you know by either posting an update on the Website or by sending  you an email if we have your email address on file. In some situations, we will notify you  before making changes to the Terms and your continued use of the Sites and Services  will mean you have accepted the new Terms.

  17. Miscellaneous

    • Governing Law. You agree that the laws of the state of Washington,  without regard to principles of conflict of laws, will exclusively govern  these Terms and any Dispute between you and Pale Hearse. 

    • Notices. All notices required or permitted to be given under these Terms  must be in writing. Pale Hearse may provide you notice by sending you an  e-mail to the address on file with us, which you agree electronically  satisfies any legal requirement that such notice be in writing. YOU BEAR  THE SOLE RESPONSIBILITY OF ENSURING THAT YOUR E-MAIL ADDRESS  ON FILE WITH PALE HEARSE IS ACCURATE AND CURRENT, AND NOTICE  TO YOU SHALL BE DEEMED EFFECTIVE UPON THE SENDING BY PALE 

      HEARSE OF AN EMAIL TO THAT ADDRESS. You will give any notice to Pale  Hearse by means of mail, postage prepaid, to Pale Hearse LLC, 4912  Cabob St., Austin, TX 78744. Such notice to Pale Hearse will be effective  upon receipt of notice by Pale Hearse. 

    • Severability If any provision or part of these Terms is deemed to be  unlawful, void or for any reason unenforceable, then that provision or part  will be deemed severable from these Terms. Any severing of a Term will  not affect the validity and enforceability of any remaining provisions or  parts of the Terms. 

    • Termination Notwithstanding anything to the contrary in these Terms, Pale  Hearse reserves the right, without notice and in its sole and absolute  discretion, for any reason or no reason, to terminate your access and use  of any of the Services, including to block or prevent your access and use of  any of our websites. You agree that Pale Hearse will not be liable for any  interruption or termination of your access and/or use of our Services. 

    • No Third-Party Beneficiaries Except as set forth in these Terms, only you  and Pale Hearse may enforce these Terms; no third party will be entitled to  enforce these Terms. 

    • Survival The provisions of these Terms which by their nature should survive  the termination of these Terms will survive such termination. o Waiver No waiver of any provision of these Terms by us will be deemed a  further or continuing waiver of such provision or any other provision, and  our failure to assert any right or provision under these Terms will not  constitute a waiver of such right or provision. Any waiver must be in  writing and signed by the Chief Executive Officer of Pale Hearse to be  effective. 

    • Assignment Pale Hearse may assign these Terms to any person or entity at  any time, for any reason, with or without notice to you.

    • Amendments These Terms may not be amended unless agreed to in  writing and signed by the Chief Executive Officer of Pale Hearse.