Health Conscious Yoga™ Terms and Conditions Agreement
Health Conscious Yoga™ Terms and Conditions Agreement
Date Last Modified: April 21, 2016
Welcome to the Health Conscious Yoga, LLC (“Health Conscious Yoga”) website!
Health Conscious Yoga’s website (hereinafter referred to as the “Website”) is designed to provide you with high quality videos of yoga classes, foundational moves, meditations, as well as information about fitness, yoga, health and wellness. This Website is not directed to persons under eighteen (18) years of age, or those who are pregnant or nursing.
The Website is owned by Health Conscious Yoga. These Terms and Conditions of Use (this “Agreement”) apply to all of the products, services and websites offered by Health Conscious Yoga, the mobile or tablet versions thereof, any Health Conscious Yoga software, and any applications created by Health Conscious Yoga whether available through a social networking site or its subsidiaries or affiliated companies (collectively, the “Service”). Please note that the availability of any Health Conscious Yoga applications on a social networking site, mobile or tablet device, internet television or other technology platform does not indicate any relationship or affiliation between Health Conscious Yoga and such social networking site, mobile or tablet device, or internet television or other technology platform.
PLEASE READ THIS TERMS AND CONDITIONS AGREEMENT VERY CAREFULLY BEFORE USING THE WEBSITE.
- Acceptance of Terms
This Agreement sets forth legally binding terms for your use of the Website. By using the Website, you agree to be bound by this Agreement, whether you are a “Visitor” (which means that you simply browse the Website) or you are a “Member” (which means that you have registered on the Website as a user). If you do not accept the terms of this Agreement, you should leave the Website and discontinue use of the Service immediately. 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 after any such modification is posted; it is therefore important that you review this Agreement regularly.
- General Registration Requirements
If you wish to become a Member, communicate with other Members and otherwise make use of the Service, you must read this Agreement and indicate your acceptance during the registration process. In consideration of your use of the Service, you represent that you are of legal age and capacity to form a binding contract and are not a person barred from receiving services under the laws of the United States or other applicable jurisdiction. You also agree to: (a) provide true, accurate, current and complete information about yourself as prompted by the registration form available on the Website (the “Registration Data”) and (b) 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, Health Conscious Yoga reserves the right to suspend or terminate your account and refuse any and all current or future use of the Service (or any portion thereof) at any time. Use of the Service and membership on the Website is void where prohibited.
Content (as defined in Section 6 of this Agreement) on the Website is provided to you “AS IS” for your information and personal, non-commercial use only and may not be downloaded, copied, reproduced, distributed, transmitted, broadcast, displayed, sold, licensed, or otherwise exploited for any other purposes whatsoever without the prior express written consent of Health Conscious Yoga. Health Conscious Yoga reserves all rights not expressly granted in and to the Website and the Content.
You may access Website and Content as available:
- for your information and for non-commercial, personal use;
- as intended through the normal functionality of the Health Conscious Yoga Service; and
- for real-time viewing via the Internet (from the Health Conscious Yoga Service to a user’s device and not intended to be copied, stored, permanently downloaded, sold or redistributed by the user). Accessing Website videos for any purpose or in any manner other than real-time viewing is expressly prohibited.
- Health Disclaimer
Physical exercise, in all of its forms and with or without the use of equipment such as blocks, straps, bolsters or any other equipment that may be suggested by a Health Conscious Yoga instructor, is a strenuous physical activity. Accordingly, you are urged and advised to seek the advice of a physician before beginning any physical exercise regimen, routine, program or using any suggested equipment, shown in any of the video clips on the Website. Before using this content, consult your physician to determine whether the practice of yoga or any other physical exercise is recommended and safe for you. Health Conscious Yoga is not a medical organization and its instructors or staff cannot give you medical advice or diagnosis. All suggestions and comments relating to the use of equipment, poses, moves and instruction are not required to be performed by you and are carried out at your election while viewing Health Conscious Yoga videos and other Website content. Nothing contained in this Website should be construed as any form of such medical advice or diagnosis.
By using the Health Conscious Yoga Website you represent that you understand that physical exercise involves strenuous physical movement, and that such activity carries the risk of injury whether physical or mental. You understand that it is your responsibility to judge your physical and mental capabilities for such activities. It is your responsibility to ensure that by participating in classes and activities from Health Conscious Yoga, you will not exceed your limits while performing such activity, and you will select the appropriate level of classes for your skills and abilities, as well as for any mental or physical conditions and/or limitations you have. You understand that, from time to time instructors may suggest physical adjustments or the use of equipment and it is your sole responsibility to determine if any such suggested adjustment or equipment is appropriate for your level of ability and physical and mental condition. You expressly waive and release any claim that you may have at any time for injury of any kind against Health Conscious Yoga, or any person or entity involved with Health Conscious Yoga, including without limitation its directors, principals, instructors, independent contractors, employees, agents, contractors, affiliates and representatives.
The use of Health Conscious Yoga is not intended, advised, or recommended for women who are pregnant, suspect they are pregnant, or nursing. If you are or, believe you are, pregnant do not use the Health Conscious Yoga Website. If you become pregnant while using the Health Conscious Yoga website, stop immediately and consult your doctor about alternatives. Health Conscious Yoga is not responsible for any consequences that result from pregnant or nursing women using this Website.
You expressly waive and release any from any and all claims or causes of action and you agree to voluntarily give up or waive any right that you may otherwise have to bring a legal action against Health Conscious Yoga, or any person or entity involved with Health Conscious Yoga, including without limitation its directors, principals, instructors, independent contractors, employees, agents, contractors, affiliates and representatives for personal injury or property loss.
You voluntarily assume any and all risks, known or unknown, associated with your use of the Website and Service. You acknowledge that Your Participation may present certain risks, and hereby assume any and all risks associated therewith, including, without limitation, the risk of physical or mental or emotional injury, minor and/or severe bodily harm, death, and/or illness, which arise by any means, including, without limitation: acts, omissions, recommendations or advice given by Health Conscious Yoga, or any person or entity involved with Health Conscious Yoga, including without limitation its directors, principals, instructors, independent contractors, employees, agents, contractors, affiliates and representatives.
Notwithstanding the foregoing, you hereby agree to voluntarily accept and assume any and all such risks as well as any risks not mentioned herein that are in any way associated with your participation. You agree that by participating in physical exercise or training activities you do so entirely at your own risk.
Health Conscious Yoga’s content is not directed to persons under eighteen (18) years of age, and by providing information about yourself to Health Conscious Yoga you are representing that you are eighteen (18) years of age or older.
- Member Account, Password and Security
If you register on the Website, you will be required to choose a password and user name, and you may be asked for additional information for your account registration. You are responsible for maintaining the confidentiality of your password and account information, and are fully responsible for all activities that occur under your password or account. You agree to (a) immediately notify Health Conscious Yoga of any unauthorized use of your password or account or any other breach of security, and (b) ensure that you log out from your account at the end of each session. You may never use another Member’s account without prior authorization from Health Conscious Yoga. Health Conscious Yoga will not be liable for any loss or damage arising from your failure to comply with this Agreement.
- Prohibited Conduct
You agree not to use the Service to post or otherwise transmit information, data, text, software, music, sound, photographs, graphics, video, messages, tags, or other materials (“Content” means the transmission of information, data, text, software, music, sound, photographs, graphics, video, messages, tags or other materials 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;
- Defames, abuses, stalks, threatens or otherwise violates the legal rights (such as rights of privacy and publicity) of others;
- contains nudity, violence, pornography, 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, defamatory or libelous;
- violates any intellectual property or other proprietary right 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 manufacture-installed copy-protect devices, or providing pirated music or links to pirated music files;
- 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 (those not linked to or from another accessible page);
- furthers or promotes any criminal activity or enterprise or provides instructional information about illegal activities including, but not limited to making or buying illegal weapons, violating someone’s privacy, or providing or creating computer viruses;
- solicits passwords or personal identifying information from other Members;
- involves commercial activities and/or sales without Health Conscious Yoga’s prior written consent, such as contests, sweepstakes, surveys, barter, advertising, multilevel marketing, and/or pyramid schemes;
- attempts to sell a product or service;
- advertises or offers to sell or buy any goods or services for any business purpose;
- attempts to increase traffic to another business;
- 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;
- harvests or otherwise collects information about others, including e-mail addresses, without their consent;
- violates any applicable laws or regulations;
- denigrates, ridicules, or demeans another person; or
- contains a virus or other harmful component.
You agree not to use or launch any automated system, including without limitation, “robots,” “spiders,” or “offline readers,” that accesses the Website in a manner that sends more request messages to the Health Conscious Yoga 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.
No Unlawful or Prohibited Use
As a condition of your use of the Website, you warrant to Health Conscious Yoga that you will not use the Website for any purpose that is unlawful or prohibited by these terms, conditions, and notices. You may not use the Website in any manner that could damage, disable, overburden, or impair the Website or interfere with any other party’s use and enjoyment of the Sites.
You may not send automated queries of any sort to the Website without express written permission in advance from Health Conscious Yoga. Similarly, you are not allowed to copy, create a derivative work of, reverse engineer, reverse assemble, or otherwise attempt to discover any source code of, or modify the Website in any manner.
- Responsibility for Content
You, and not Health Conscious Yoga, are entirely responsible for all Content that you post, email, transmit or otherwise make available via the Website. Health Conscious Yoga has no obligation to monitor the Communication Services. Health Conscious Yoga does not control the Content posted via the Website and, as such, we do not guarantee the accuracy, integrity or quality of such Content. You understand that by using the Service, you may be exposed to Content that you deem offensive, indecent or objectionable. Under no circumstances will Health Conscious Yoga be liable in any way for any Content, including, but not limited to, any errors or omissions in any Content, or any loss or damage of any kind incurred at any time as a result of the use of any Content posted, emailed, transmitted or otherwise made available via the Service.
- Rejection/Removal of Content
You acknowledge that Health Conscious Yoga may or may not pre-screen Content posted on the Website, that Health Conscious Yoga is not responsible for behavior or comments of teachers and/or students and/or music on the Website, but that Health Conscious Yoga shall have the right (but not the obligation) in its sole discretion to pre-screen, edit, refuse, or remove any Content or portion thereof that is available via the Service, for any reason. Without limiting the foregoing, Health Conscious Yoga shall have the right to remove from the Website any Content that violates this Agreement or is otherwise objectionable in the sole discretion of Health Conscious Yoga.
If you become aware of misuse of the Service by any person or business, please contact Health Conscious Yoga.
- Termination or Suspension of Account
You agree that Health Conscious Yoga may at any time and for any reason, including a period of account inactivity, terminate your access to Health Conscious Yoga Services, or restrict or suspend your access to all or any part of the Service at any time, for any or no reason, with or without prior notice, and without liability.
- Security Components
You understand that the Website and software embodied within the Website may include security components that permit digital materials to be protected, and that use of these materials is subject to usage rules set by Health Conscious Yoga and/or content providers who provide content to Health Conscious Yoga. You shall not attempt to override, disable, circumvent or otherwise interfere with any such security components and usage rules embedded into the Website.
- Proprietary Rights
All materials on the Website, including, without limitation, names, logos, trademarks, images, text, columns, graphics, videos, photographs, illustrations, artwork, audio clips, digital downloads, data compilations, software and other elements (collectively, “Material”) are protected by copyrights, trademarks and/or other intellectual property rights owned and controlled by Health Conscious Yoga or by third parties that have licensed or otherwise provided their material to Health Conscious Yoga. You acknowledge and agree that all Materials on the Website are made available for limited, non-commercial, personal use only. Except as specifically provided herein or elsewhere on this Website, no Material may be copied, reproduced, republished, sold, downloaded, posted, transmitted, or distributed in any way, or otherwise used for any purpose, by any person or entity, without Health Conscious Yoga’s prior express written permission. You shall not add, delete, distort, or otherwise modify the Material. Any unauthorized attempt to modify any Material, to defeat or circumvent any security features, or to utilize the Website or any part of the Material for any purpose other than its intended purposes is strictly prohibited.
Your use of the Website and Service does not allow you to infringe those rights or the rights of the third parties that may exist in material contained in the Website. No license is expressly impliedly granted within or as a result of your use of the Website or Service. Without the prior express written permission of Health Conscious Yoga, you agree not to display or use in any manner, any of the trademarks, names and logo featured on the Website for which you do not have personal rights.
All content included on the Website and the Material are protected by United States and international copyright laws. You shall not obtain or attempt to obtain any copyrighted materials or information through any means not intentionally made available or provided for through the Website.
Health Conscious Yoga has in place certain legally mandated procedures regarding allegations of copyright infringement occurring on the Website. Health Conscious Yoga reserves the right in its sole discretion to immediately suspend and/or terminate access to the Website by any user who is alleged to have infringed on the intellectual property rights of Health Conscious Yoga or of a third party, or otherwise violated any intellectual property laws or regulations. Health Conscious Yoga’s policy is to investigate any allegations of copyright infringement brought to its attention.
Health Conscious Yoga trademarks and trade dress may not be used in connection with any product or service that is not Health Conscious Yoga’s, in any manner that is likely to cause confusion among customers, or in any manner that disparages or discredits Health Conscious Yoga. All other trademarks not owned by Health Conscious Yoga that appear on the Website are the property of their respective owners, who may or may not be affiliated with, connected to, or sponsored by Health Conscious Yoga.
- Non-commercial Use
The Website may not be used in connection with any commercial purposes, except as specifically approved by Health Conscious Yoga. Unauthorized framing of or linking to any of the Website is prohibited. Commercial advertisements, affiliate links, and other forms of solicitation may be removed from Member profiles and Content without notice and may result in termination of membership privileges.
- License and Site Access
The Website or any portion of this site may not be reproduced, duplicated, copied, sold, resold, visited, or otherwise exploited for any personal or commercial purpose without express written consent of Health Conscious Yoga. You may not frame or utilize framing techniques to enclose any trademark, logo, or other proprietary information (including images, text, page layout, or form) of Health Conscious Yoga and our associates without express written consent. You may not use any meta tags or any other “:hidden text”: utilizing Health Conscious Yoga name or trademarks without the express written consent of Health Conscious Yoga. Any unauthorized use will result in immediate termination of membership by Health Conscious Yoga. You are granted a limited, revocable, and nonexclusive right to create a hyperlink to the home page of Health Conscious Yoga so long as the link does not portray Health Conscious Yoga, its associates, or their products or services in a false, misleading, derogatory, or otherwise offensive matter. You may not use any Health Conscious Yoga logo or other proprietary graphic or trademark as part of the link without express written permission.
- License to Your Content
By posting, displaying, publishing, transmitting, or otherwise making available (individually and collectively, “Posting”) any Content on or through the Website or the Service, you hereby grant to Health Conscious Yoga a non-exclusive, fully-paid, royalty-free, perpetual, irrevocable, worldwide license (with the right to sublicense through unlimited levels of sublicensees) to use, copy, modify, adapt, translate, create derivative works, publish, publicly perform, publicly display, store, reproduce, transmit, distribute, and otherwise make available such Content on and through the Website, in print, or in any other format or media now known or hereafter invented, without prior notification, compensation, or attribution to you, and without your consent. If you wish to remove any Content from the Service, your ability to do so may depend on the type of Content, the location and manner of Posting, and other factors. You may contact us to request the removal of certain Content you have Posted, but Health Conscious Yoga has no obligation to remove any such Content, may choose whether or not to do so in its sole discretion, and makes no guarantee as to the complete deletion of any such Content and copies thereof. Notwithstanding the foregoing, a back-up or residual copy of any Content Posted by you may remain on Health Conscious Yoga’s servers after the Content appears to have been removed from the Website, and Health Conscious Yoga retains the rights to all such remaining copies. You represent and warrant that: (a) you own all right, title and interest in all Content posted by you on or through the Website or the Service, or otherwise have the right to grant the license set forth in this section, and (b) the Posting of your Content on or through the Website or Service does not violate the privacy rights, publicity rights, copyrights, publishing, trademarks, patents, trade secrets, contract rights, confidentiality, or any other rights of any third party.
- Health Conscious Yoga and Third Parties
Our Website contains Content of Health Conscious Yoga, and Content of third party licensors to Health Conscious Yoga (including content provided by users of the Website, as described above), which is protected by copyright, trademark, patent, trade secret and other laws. Health Conscious Yoga owns and retains all rights, title and interest in the Health Conscious Yoga Content. Health Conscious Yoga hereby grants to you a limited, revocable, non-sublicensable license to view in real-time the Health Conscious Yoga Content and any third party Content located on or available through the Website or Service (excluding any software code therein as set forth above) solely for your personal, non-commercial use in connection with viewing the Website and using the Service. Except for Content posted by you, you shall not copy, modify, translate, publish, broadcast, transmit, distribute, perform, display, make available, or sell any Content appearing on or through the Website or Service.
Any dealings with third parties included within or on the Website involving the delivery of and payment for goods and services, or any other terms, conditions, warranties, or representations associated with such third parties, are solely between you and that third party. Health Conscious Yoga is neither responsible nor liable for any part of such dealings or promotions. Any reference to any third party or the products or services of any third party on the Website does not constitute an endorsement or recommendation of such third party or the product or services of such third party by Health Conscious Yoga or any of its employees, officers, independent contractors, agents or other representatives. Any reference to any third party on the Website is provided to you for informational purposes only. Health Conscious Yoga encourages you to conduct your own research and due diligence regarding such third parties and their products and services. While Health Conscious Yoga works to ensure the information on the Website is current and accurate, Health Conscious Yoga does not warrant the accuracy of any information contained on the Website (including information provided by instructors) or its fitness for any particular purpose.
- Other Sites
- International Use
Due to the global nature of the Internet, you agree to comply with all local rules regarding online conduct and acceptable Content. Specifically, you agree to comply with all applicable laws regarding the transmission of technical data exported from the United States or the country in which you reside.
- Infringement Policy
Health Conscious Yoga reserves the right in its sole discretion to immediately suspend and/or terminate access to the Service or the Website by any user who is alleged to have infringed on the intellectual property rights of Health Conscious Yoga or of a third party, or otherwise violated any intellectual property laws or regulations. Health Conscious Yoga’s policy is to investigate any allegations of copyright infringement brought to its attention. If you have evidence, know, or have a good faith belief that your rights or the rights of a third party have been violated and you want Health Conscious Yoga to delete, edit, or disable the material in question, you must provide Health Conscious Yoga with all of the following information:
(a) a physical or electronic signature of a person authorized to act on behalf of the owner of the exclusive right that is allegedly infringed;
(b) identification of the copyrighted work claimed to have been infringed, or, if multiple copyrighted works are covered by a single notification, a representative list of such works;
(c) identification of the material that is claimed to be infringed or to be the subject of infringing activity and that is to be removed or access to which is to be disabled, and information reasonably sufficient to permit Health Conscious Yoga to locate the material;
(d) information reasonably sufficient to permit Health Conscious Yoga to contact you, such as an address, telephone number, and if available, an electronic mail address at which you may be contacted;
(e) a statement that you have a good faith belief that use of the material in the manner complained of is not authorized by the copyright owner, its agent, or the law; and
(f) a statement that the information in the notification is accurate, and under penalty of perjury, that you are authorized to act on behalf of the owner of an exclusive right that is allegedly infringed.
For this notification to be effective, you must provide it to Health Conscious Yoga by e-mailing Health Conscious Yoga with a return receipt acknowledgement.
- Member Disputes
You are solely responsible for your interactions with other Members. Health Conscious Yoga reserves the right, but has no obligation, to monitor or mediate disputes between you and other Members.
- Term and Termination
This Agreement shall remain in full force and effect for so long as it is posted on any of the Website. Memberships are billed per membership term. All memberships are renewed automatically until cancelled. Membership must be canceled prior to the renewal date in order to end membership charges. You may terminate your account at any time, for any reason, by following the instructions on the Website. If you cancel your membership or account before the end of the applicable billing cycle, your membership or account will be cancelled as of the end of that applicable billing cycle. You will not receive a refund for the current month of your monthly billing period.
Health Conscious Yoga reserves the right, in its sole discretion, to terminate your account or your access to the Website immediately, with or without notice to you, and without liability to you, if Health Conscious Yoga believes that you have breached any of the terms of this Agreement, furnished Health Conscious Yoga with false or misleading information, or interfered with use of the Website or the Service by others.
When you close or de-activate your account or if your account is otherwise terminated, we have the right, but not the obligation, to store your personal information, settings, saved and completed classes, and teachers you have followed. Unless we have exercised our right to terminate your account, you can re-activate your account at any time by contacting us.
- Gift Subscriptions
Gift Subscriptions are not refundable.
Title to the Gift Subscriptions and the risk of loss, destruction or deterioration pass to the purchaser upon purchase. Health Conscious Yoga is not responsible for any Gift Subscriptions that are lost, stolen, destroyed or used without your permission.
- Refund Policy
No refunds will be issued for monthly memberships. If you cancel your monthly membership or account before the end of the applicable monthly billing cycle you will not receive a refund for the current monthly billing period or for the partially used monthly billing period.
Partial refunds may be considered for partially used periods of annual memberships. The amount and form of such refunds, and the decision to provide them, are at the sole and absolute discretion of Health Conscious Yoga. Health Conscious Yoga will only consider requests for refunds made in writing, originating from the person to whom the refund may be made.
At any time, and for any reason, Health Conscious Yoga may provide a refund, partial refund, discount, or other consideration to some or all of our members (“credits”). The amount and form of such credits, and the decision to provide them, are at the sole and absolute discretion of Health Conscious Yoga. The provision of credits in one instance does not entitle you to credits in the future for similar instances, nor does it obligate Health Conscious Yoga to provide credits in the future, under any circumstance.
- No Sharing. Members of Health Conscious Yoga may not share, give or sell their password or username to any other person or entity. Excessive viewings or logins by any Member will be construed by Health Conscious Yoga as fraudulent use of the Website, which will result in the immediate cancellation of membership without refund. When becoming a Member you agree to take all actions possible to protect your username and password from fraudulent use
- Fraudulent Use. Health Conscious Yoga reserves the right to cancel any membership it believes has been compromised, or is being used fraudulently, at its own discretion.
- Free Trial. You will only use a Free Trial once. You will not be able to re-activate your account or activate a new account to gain a second free-trial period. Health Conscious Yoga reserves the right to terminate any account that is using or trying to use more than one Free Trial.
- Billing. Memberships are billed either monthly or annually. If membership is terminated due to a violation of this Agreement, Health Conscious Yoga will not reimburse the Member for the remainder of any paid month or year, nor will reimbursements be made for membership cancellations prior to any monthly or annual renewal date.
- Members may cancel their membership at any time. Membership must be canceled prior to the renewal date in order to end membership charges.
- At times, special prepaid membership packages will be available for purchase. Special prepaid memberships will be recurring and will renew automatically on the expiry date. Membership must be canceled prior to the renewal date in order to end membership charges.
- Certain system requirements are necessary for viewing video and audio content on the site. You agree to review the requirements on the FAQ page of the Website to ensure that video content can be accessed before purchase.
- Electronic Communications
When you visit the Website or send e-mails to us, you are communicating with Health Conscious Yoga electronically. You consent to receive communications from us electronically. We will communicate with you by e-mail or by posting notices on the Website. You expressly 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.
- Disclaimer of Warranties
You agree that your use of the Website shall be at your sole risk. The Website and the materials are provided “AS IS” and without warranties of any kind, either express or implied. To the fullest extent permitted by law, Health Conscious Yoga, its officers, directors, employees, and agents disclaim all warranties, express or implied, in connection with the Website and your use thereof. Health Conscious Yoga makes no warranties or representations about the accuracy or completeness of this Website’s content or the content of any sites linked to this Website and assumes no liability or responsibility or any (I) errors, mistakes, or inaccuracies of content, (II) personal injury or property damage, of any nature whatsoever, resulting from your access to and use of the Website, (III) any unauthorized access to or use of Health Conscious Yoga secure servers and/or any and all personal information and/or financial information stored therein, (IV) any interruption or cessation of transmission to or from the Website, (V) any bugs, viruses, Trojan horses, or the like which may be transmitted to or through the Website by any third party, and/or (VI) 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.
Health Conscious Yoga 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 Health Conscious Yoga 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. As with the purchase of a product or service through any medium or in any environment, you should use your best judgment and exercise caution where appropriate.
- Limitation on Liability
In no event shall Health Conscious Yoga, its officers, directors, employees, or agents, be liable to you for any direct, indirect, incidental, special, punitive, or consequential damages whatsoever resulting from any (I) errors, mistakes, or inaccuracies of content, (II) personal injury or property damage, of any nature whatsoever, resulting from your access to and use of the Website, (III) any unauthorized access to or use of Health Conscious Yoga secure servers and/or any and all personal information and/or financial information stored therein, (IV) any interruption or cessation of transmission to or from the Website, (V) any bugs, viruses, Trojan horses, or the like, which may be transmitted to or through the Website by any third party, and/or (VI) any errors or omissions in any content or for any loss or damage of any kind incurred as a result of your use of any content posted, emailed, transmitted, or otherwise made available via the Website, whether based on warranty, contract, tort, or any other legal theory, and whether or not the Health Conscious Yoga is advised of the possibility of such damages. The foregoing limitation of liability shall apply to the fullest extent permitted by law in the applicable jurisdiction.
You specifically acknowledge that Health Conscious Yoga shall not be liable for content posted by users or the defamatory, offensive, or illegal conduct of any third party and that the risk of harm or damage from the foregoing rests entirely with you.
Any reference to a person, entity, product, or service on this Website does not constitute an endorsement or recommendation by Health Conscious Yoga or any of its employees. Health Conscious Yoga is not responsible for any third party content on the Website or third party web page accessed from this Website, nor does Health Conscious Yoga warrant the accuracy of any information contained in a third party website or its fitness for any particular purpose.
Health Conscious Yoga reserves the right to remove any material posted on the Website that it determines in its sole discretion is in violation of any law or right of any person, infringes the rights of any person, or is otherwise inappropriate for posting on the Website.
Those who access or use the Health Conscious Yoga Website agree to the Disclaimer. A complete statement of the Disclaimer can be found in Health Conscious Yoga’s Disclaimer page. The Disclaimer is expressly incorporated into this Agreement by this reference.
30. Exclusions and Limitations
Those who access or use the Health Conscious Yoga Website from other jurisdictions do so at their own volition and are responsible for compliance with local law. Some jurisdictions do not allow the exclusion of certain warranties or the limitation or exclusion of liability for incidental or consequential damages. Accordingly, in certain jurisdictions, some of the above limitations of liability may not apply to you; all other provisions of this Agreement remain in full force and effect.
You agree to defend, indemnify and hold harmless Health Conscious Yoga, its subsidiaries, affiliates, subcontractors, officers, directors, employees, consultants, representatives and agents, from and against any and all claims, damages, obligations, losses, liabilities, costs or debt, and expenses (including but not limited to attorneys’ fees and costs) arising from: (i) your use of and access to the Website; (ii) your violation of any term of this Agreement; (iii) your violation of any third party right, including without limitation any copyright, property, or privacy right; or (iv) any claim that one of your submissions of Content caused damage to a third party. This defense and indemnification obligation will survive this Agreement and your use of the Website.
32. Additional Terms
We may also require you to follow additional rules, guidelines or other conditions in order to participate in certain promotions or activities available through the Website, to obtain certain premium Content through the Website, or for other reasons. In addition, certain additional terms will govern any purchases you make through the Website. These additional terms will be posted on the relevant portions of our Website or on the portions of our Website that describe the specific promotions, Content, or activities. These additional terms are part of this Agreement, and you agree to comply with them when you participate in those promotions, purchase items from the Website, or otherwise engage in activities governed by such additional terms.
33. Modification and Discontinuation
We reserve the right at any time to modify, edit, delete, suspend or discontinue, temporarily or permanently the Service or any of the Website (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 Service or the Website.
This Agreement and any rights and licenses granted hereunder, may not be transferred or assigned by you, but may be assigned by Health Conscious Yoga without restriction.
35. Integration Clause
36. Waiver and Severability of Terms
The failure of Health Conscious Yoga to exercise or enforce any right or provision of this Agreement shall not constitute a waiver of such right or provision. If any provision 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 parties’ intentions as reflected in the provision, and the other provisions of this Agreement remain in full force and effect.
37. Statute of Limitations
You agree that regardless of any statute or law to the contrary, any claim or cause of action arising out of or related to use of the Website, the Service or this Agreement must be filed within one (1) year after such claim or cause of action arose or be forever barred.
38. Governing Law and Venue
Any dispute relating in any way to your visit to Health Conscious Yoga or to products you purchase through Health Conscious Yoga shall be submitted to confidential arbitration in North Carolina, except that, to the extent you have in any manner violated or threatened to violate Health Conscious Yoga intellectual property rights, Health Conscious Yoga may seek injunctive or other appropriate relief in any state or federal court in the state of North Carolina, and you consent to exclusive jurisdiction and venue in such courts. Arbitration under this agreement shall be conducted under the rules then prevailing of the American Arbitration Association. The arbitrators award shall be binding and may be entered as a judgment in any court of competent jurisdiction. To the fullest extent permitted by applicable law, no arbitration under this Agreement shall be joined to an arbitration involving any other party subject to this Agreement, whether through class arbitration proceedings or otherwise.
To the maximum extent permitted by law, this agreement is governed by the Laws of the State of North Carolina, U.S.A., and you hereby consent to the exclusive jurisdiction and venue of courts in North Carolina, U.S.A. in all disputes arising out of or relating to the use of the Sites. All claims and disputes arising under or relating to this Agreement are to be settled by arbitration in the State of North Carolina before one arbitrator with no less than 10 years of active litigation practice. This arbitration shall proceed solely on an individual basis without the right for any Claims to be arbitrated on a class action basis or in a purported representative capacity on behalf of others. Claims may not be joined or consolidated unless agreed to in writing by all parties. The arbitration shall be administered under the rules of the American Arbitration Association and shall include a written record of the arbitration hearing. The arbitrator is not empowered to award punitive or exemplary damages, except where permitted by statute, and the parties waive any right to recover any such damages. Judgment on the Award may be entered in the State of North Carolina.
Use of the Website is unauthorized in any jurisdiction that does not give effect to all provisions of this Terms and Conditions Agreement, including without limitation this paragraph. You agree that no joint venture, partnership, employment, or agency relationship exists between you and Health Conscious Yoga as a result of this agreement or use of the Website. Health Conscious Yoga’s performance of this agreement is subject to existing laws and legal process, and nothing contained in this agreement is in derogation of Health Conscious Yoga’s right to comply with governmental, court and law enforcement requests or requirements relating to your use of the Website or information provided to or gathered by Health Conscious Yoga with respect to such use.
If any part of this agreement is determined to be invalid or unenforceable pursuant to applicable law including, but not limited to, the warranty disclaimers and liability limitations set forth above, then the invalid or unenforceable provision will be deemed superseded by a valid, enforceable provision that most closely matches the intent of the original provision and the remainder of the agreement shall continue in effect.
Unless otherwise specified herein, this agreement constitutes the entire agreement between you and Health Conscious Yoga with respect to the Website and it supersedes all prior or contemporaneous communications and proposals, whether electronic, oral or written, between the user and Health Conscious Yoga with respect to the Website. A printed version of this agreement and of any notice given in electronic form shall be admissible in judicial or administrative proceedings based upon or relating to this agreement to the same extent and subject to the same conditions as other business documents and records originally generated and maintained in printed form. It is the express wish to the parties that this agreement and all related documents be drawn up in English.
39. Ability to Accept Terms and Conditions
You affirm that you are at least eighteen (18) years of age, and are fully able and competent to enter into this Agreement, conditions, obligations, affirmations, representations, and warranties set forth in this Agreement, and to abide by and comply with this Agreement.
Health Conscious Yoga reserves the right to amend this Agreement at any time and without notice, and it is your responsibility to review this Agreement for any changes. Your use of the Website following any amendment of this Agreement will signify your assent to and acceptance of its revised terms.
If you have any questions or comments regarding this Agreement or the Website, feel free to contact us by e-mail or at the following mailing address:
Health Conscious Yoga, LLC
P.O. Box 13272
Durham, North Carolina 27709