YOGA POSE LLC TERMS AND CONDITIONS
1. Welcome to Yoga Pose LLC website
The website and services is provided to you by Yoga Pose LLC. The following terms and conditions (the “Terms”) apply to our provision and your use of the educational content services and materials (“Yoga Pose LLC website”) through Yogapose.com website (the “Yoga Pose LLC services“) including you visiting and browsing the Yoga Pose LLC website (being a “Visitor”) and user.
These Terms should be read alongside, and are in addition to our policies, including our privacy and cookies policies (the “Policies”).
Please read these Terms carefully. If you do not agree to these Terms, you must stop using the Yoga Pose LLC website and the Contents immediately.
2. Eligibility for Our Service
By using our Services, you represent and warrant that you have attained the age of majority where you reside (18 years of age in most jurisdictions) and are otherwise capable of entering into binding contracts including this Agreement. Persons who are at least 13 years of age but under the age of majority may only use our Services with legal parental or guardian consent. Accordingly, you agree that you are at least the age of majority or older, or have received legal parental or guardian consent from someone fully able and competent to enter into the terms, conditions, representations and warranties set forth in the Terms. If you are using our Services on behalf of a company or other organization, you represent and warrant that you have authority to act on behalf of that entity and to bind that entity to this Agreement
3. Service Order Terms
Your purchase of any service or products through the Site is subject to the terms and conditions stated on the applicable order form(s) and the applicable terms stated in these Terms. All prices are subject to change.
4. Privacy Data
Under no circumstances does this Website or its owners claim to be providing medical information, diagnosis or treatment, nor do we support or endorse any of the medical, Domestic or Yoga exercise available on this website. Further, we do not moderate User Content or Your Content posted on the Website and the content expressed by such persons are the opinions and beliefs of the user(s) who published them and not those of this Website. Use this Website and interpret the user reviews using your own best judgment and at your own risk.
6. Release, Waiver of Liability, Assumption of Risk, and Indemnity Agreement
I fully understand that participation in the Activities includes, without limitation, strenuous physical and mental activities and exercises, participating in the Activities with other participants, contact with unidentified and unfamiliar persons, participating in the Activities in new and unfamiliar places and manners, exposure to risks in the areas in which the Activities are conducted, and exposure to communicable diseases (including COVID-19 risks, as further detailed above in COVID-19 Terms and Conditions). I fully understand that the Activities can be HAZARDOUS, and involve known risks and unanticipated risks which could result in BODILY OR MENTAL INJURY, ILLNESS, DEATH, DAMAGE OR LOSS to myself, my property, and to other third parties and their property, which may be caused by my own actions or inactions, those of others participating in the Activities, the locations, places and/or buildings at, on or in which the Activities take place, the conditions at, on and in which the Activities take place (including equipment, ventilation and surfacing for the Activities), or the negligence or misconduct of any of the “Releasees” named below; and I fully accept and ASSUME ALL SUCH RISKS and all responsibility for losses, costs, and damages I or any third parties incur as a result of my participation in the Activities, including property theft. I represent that I understand the nature of the Activities. I further represent that I am participating in the Activities voluntarily, and that I am in good health, physically and mentally fit and otherwise prepared and able to participate in the Activities. I will discontinue my participation in the Activities if I believe at any time my participation poses a threat to myself or any third party. If I have any injury or condition that potentially affects my participation in the Activities, I will consult with my physician or other applicable provider regarding my participation, and follow all applicable provider instructions, which is my sole responsibility.
I, on behalf of myself and anyone who obtains any rights from or through me, hereby forever and irrevocably release and discharge Yoga Pose; the owners, lessors, lessees and any other individual or entity with any interest in the locations, places and/or buildings at, on or in which the Activities take place; any individuals or entities involved in any capacity with the Activities (including, without limitation, any technology applications and platforms facilitating the Activities in any manner); any sponsors, advertisers or promoters of any of the foregoing; any of the respective parents, subsidiaries, affiliates, partners, members, owners, agents, contractors, subcontractors, administrators, licensees, designees, insurers, personal and legal representatives, successors and assigns of each of the foregoing; other participants in the Activities; and any director, officer, member, manager, partner, volunteer, employee, representative or agent of any of the foregoing (each a “Releasee” herein) from any and all liabilities, claims, demands, losses, damages, costs or expenses (including, without limitation, attorneys’ fees and costs) (collectively, “Losses”) arising out of or in any way related to my participation in or attendance at the Activities; my attendance at the locations, places and/or buildings at, on or in which the Activities take place; or any first aid, treatment or any like service rendered in connection with the Activities, including, but not limited to, Losses (including, without limitation, Losses from BODILY OR MENTAL INJURY, ILLNESS OR DEATH) caused or alleged to be CAUSED IN WHOLE OR IN PART BY (i) THE NEGLIGENCE OR MISCONDUCT of any Releasee or otherwise, including negligent rescue operations; (ii) any claim, action, suit or demand brought by any third party against any Releasee by reason of or in connection with my participation in or attendance at the Activities, or my attendance at the locations, places and/or buildings at, on or in which the Activities take place; (iii) the voluntary disclosure of my medical information; (iii) invasion of privacy, right of publicity, defamation, libel, slander, copyright infringement, trademark infringement, or any other claims or causes of action arising out of the use of my name, image, likeness, voice and/or other personal attribute(s) or other personal information (collectively, my “Personal Attributes”). I further covenant and agree not to sue any Releasee or cause any Releasee to be sued regarding any matter released above, and to indemnify and hold harmless each Releasee from and against any Loss regarding any matter within the scope of this Release, Waiver of Liability, Assumption of Risk, and Indemnity Agreement.
FOR CALIFORNIA RESIDENTS: This Agreement has been executed by me with the express intention of effecting the legal consequences provided by Section 1541 of the California Civil Code, and any other federal, state or local laws of similar effect. I intend to relinquish all claims against the Releasees, whether or not known or suspected and expressly waive any and all rights and benefits conferred upon me by the provisions of Section 1542 of the California Civil Code (or any federal, state or local laws of similar effect), which reads:
“A general release does not extend to claims that the creditor or releasing party does not know or suspect to exist in his or her favor at the time of executing the release and that, if known by him or her, would have materially affected his or her settlement with the debtor or released party.”
I agree that as further consideration for being permitted to participate in any of the Activities, I hereby grant Yoga Pose, LLC and its designees, and their respective affiliates, licensees, permitees, successors and assigns, and each of them, an unrestricted, absolute, universal, perpetual, irrevocable, non-royalty bearing, and transferable right and license (but not any obligation) to use, copy, transmit, distribute, display, modify, perform, present, transform, create works and derivative works, and otherwise promote or utilize my Personal Attributes filmed, captured, photographed or otherwise recorded or memorialized in any manner in connection with any of the Activities, in any medium or format whether now or hereafter existing (including, without limitation, print, direct mail, online, mobile or wireless communications, radio or television broadcast, telecast or photograph), for any purpose whatsoever (including, without limitation, in connection with the creation, advertising, sale and/or promotion of any products and/or services), and without any payment, consideration or notice to or consent by me or any third party. I hereby forever and irrevocably waive any rights I may have in or to any of the foregoing, and I understand and agree that Yoga Pose and its designees are the exclusive owners (to the extent the materials are created by or at the direction of each such party) of any and all right, title and interest, including copyright, in and to any materials of any kind or nature containing or developed from use of my Personal Attributes.
7. About Us
In these Terms, references to “we” or “us” are to Yoga Pose LLC, is a company incorporated in Florida United States (with business registration number/ID L19000239022). Yoga Pose LLC provides an online Yoga educational website.
8. Our Service and Products
We have two (2) types of platform on the Yogapose.com. Namely the E-commerce shop and the Online Yoga class.
E-commerce Shop: We sell physical products on the ecommerce shop, they are direct to garment-drop shipped products from the Printful Company. We do not manufacture these products, neither do we own them, nor in-charge of shipping/delivery. The Service provider is in charge of delivery and shipping. We merely provide a platform for the service provider to list, advertise and sell their products on the yogapose.com site.
The Online Yoga Class: On this portion of the site we provide pay per view video player with a paywall, for our Yoga Classes. Users can search and pick a video of their choice, place their order and add their payment information, and they will gain access to the video.
As a form of holistic healing, we are utilizing yoga as a form of alternative medicine to help or ease the symptoms of both mental and physical illnesses. Additionally, our website is a supportive environment for those researching yoga and wellness. We feature a mix of daily inspirational and informational content that is written from both personal experiences and based on medical research, providing the most credible and accessible yoga-centric content on the web. Unlike other yoga and wellness publications, we work with esteemed yoga professionals and medical experts to create research-based, informational content that the yoga community can trust.
9. Purchase terms
To purchase through the site you will have to place your order using the https://Yogapose.com website. During this process it is necessary to fill in mandatory information such as name, email and billing information. Upon completion of your purchase, we will process your order and give you access to the service and materials. You agree to provide accurate, current and complete information during these process and to keep the information up-to-date. You agree to receive email newsletters via your email address provided during time of purchase on the website
10. The User
The User may either be an Individual or user of the services. As defined herein, and includes any person browsing and/or viewing the Sites. Yoga Pose LLC has the right to refuse or accept your application to be user of the service and website
11. Limited License
Subject to these Terms, we grant you a limited, non-exclusive, nontransferable personal license to access and use the Site and Services.
12. Risk of loss
All items purchased on the Sites are made pursuant to a shipment contract. This means that the risk of loss and title for such items pass to you upon our delivery to the carrier.
13. Product Description
Yoga Pose LLC tries to be as accurate as possible. However, Yoga Pose LLC does not warrant that product description or other content of this site is accurate, complete, reliable, current, or error-free. If a product offered by Yoga Pose LLC itself is not as described, your sole remedy is to return it in unused condition.
14. Product Quality and Warranties
You agree that you are purchasing items at your own request and Yoga Pose LLC is not directly affiliated with or bears any responsibility with the quality and warranty of goods sold
15. Advertising Placement
We, and our licensees, may publicly display advertisements and other information adjacent to or included with Your Content. We allow advertisers to display their advertisements and other information in certain areas of the Site, such as sidebar advertisements or banner advertisements. If you are an advertiser, you shall take full responsibility for any advertisements you place on the Site and any services provided on the Site or products sold through those advertisements. Further, as an advertiser, you warrant and represent that you possess all rights and authority to place advertisements on the Site, including, but not limited to, intellectual property rights, publicity rights, and contractual rights. We simply provide the space to place such advertisements, and we have no other relationship with advertisers.
16. Ad Placement Conduct
Advertisements must relate to the Yoga products or Services in accordance with the relevant categories available on the advertising platform. Setting up advertisements that does not relate to the website service provision is expressly prohibited.
I. The service provider must place the ad in the relevant ad category. You may not set up multiple advertisements for the same ad in different categories or one advertisement for multiple ads unless the ads being advertised are individual components, such as a main item and accessories and/or multiple parts of the same ad. However, such individual components may only be used for the purpose of creating one advertisement. In particular, it is prohibited to use such components multiple times to generate a number of advertisements consisting of different combinations of individual components.
II. After the advertisement has been set up, it is only permissible to change the ad description in cases where the identity of the ad remains unchanged. Subsequent changes of the service provider and service provider are therefore not possible.
III. The advertisement title may only contain the name of the service provider and name of product or service. Any additional information must be provided in the subtitle.
IV. The service provider must be able to immediately conclude and fulfil a legally binding purchase agreement for the ad that is advertised during the term of the advertisement. Yoga Pose Terms Of Service The service provider must delete the advertisement immediately if the ad is no longer available for other reasons.
17. Agreed Terms
18. Using the Service
Permission to use Yogapose.com As long as you are complying with all of the terms and conditions of this Agreement, Yogapose.com gives you permission to access and use the Service solely to enable your personal use only. The Service is available for your personal, noncommercial use and should only be used for educational purposes or lawful purposes. Access to and use of the Service itself is free, but we do offer, and may add to in the future, optional site features that Yoga Pose LLC may charge for. The right to access and use the Service is revoked in jurisdictions where it may be prohibited, if any.
19. Affiliate Agreement
Yogapose.com provides the website Products and services for the purpose of gaining additional customers for the Yoga Pose products and services mentioned herein. The Member Affiliate is granted a Member Affiliate link/code to refer potential customers to purchase one of the Yoga Pose products and services.
Member Affiliate may, from time to time, refer potential customers to Yoga Pose. Yoga Pose will pay Member Affiliate a commission fee for every successful referral. Member affiliate has no responsibility to Yoga Pose if the referred affiliates do not lead to Yoga Pose’s desired result(s).
Unless otherwise agreed by Yogapose.com in writing (including any applicable Order Form), the price for any services found herein shall be the price set out in Yogapose.com website with the user appertaining to the service delivery. The price for the product or e-book will be exclusive made in US Dollars and of any value-added tax and all costs or charges of which amounts the user will also pay when it is due to pay for the services.
21. Vat or Tax
Yogapose.com may collect VAT or other indirect taxes at the applicable rate for the particular country, as per applicable tax rules, at the time of purchase of Yogapose.com products or at the time you use the Yogapose.com website
You can cancel your purchase for yoga classes at any time by sending us a message. Please note that you will forfeit your purchase and we will not issue a refund. You will continue to have access to Yoga Pose LLC classes until the end of your period.
We do not offer refunds for yoga classes and services however, we can consider a refund for our e-commerce products, and however you will need to contact us within 7 days after you receive your package and order.
24. Third-Party links
You may be able to access websites, content, products or services provided by third-parties through links that are made available on the Site. We refer to all such websites, content, services and products as “Third-Party Offerings.” For example, we may permit third parties to advertise their products and services on the Site, and those advertisements may contain links to the website(s) of the advertisers. If you elect to use such Third-Party Offerings, you understand that your use of them will be subject to any terms and conditions required by the applicable third-party provider(s). You understand that we are not the provider of, and are not responsible for, any such Third-Party Offerings and that these Terms do not themselves grant you any rights to access, use or purchase any Third-Party Offerings.
25. Intellectual Property Rights
The Sites contain valuable trademarks and service marks owned and used by The Yogapose.com, including but not limited to, pictures, videos, the Yoga Pose LLC design, logo, and the tag line (collectively, the "Yogapose.com Marks"). Any use of the Yogapose.com Marks without the prior written permission of Yogapose.com is strictly prohibited. The arrangement and layout of the Sites, including but not limited to, the Yogapose.com Marks, images, text, videos, graphics, buttons, screenshots, music, digitally downloadable files, and other content or material (collectively, the "Site Content"), are the sole and exclusive property of Yogapose.com.
UNAUTHORIZED COPYING, REPRODUCTION, MODIFYING, REPUBLISHING, UPLOADING, DOWNLOADING, POSTING, TRANSMITTING, MAKING DERIVATIVE WORKS OF OR DUPLICATING ALL OR ANY PART OF THE SITES IS PROHIBITED.
Yogapose.com uses a network of independent product and content suppliers, distributors and other such third parties to supply some of the products and content advertised on the Sites. All other trademarks, service marks, product names, package designs and company names or logos associated with these product and content suppliers, distributors and other such third parties that are not owned by us but appear on the Sites are the property of their respective owners. For claims of copyright infringement, please see copyright complaints paragraph
26. Acceptable Use Conditions
Your use of and access to this Yoga Pose LLC website and the Contents are subject to the following conditions (“Acceptable Use Conditions”), and you agree that failure to comply with any one of the Acceptable Use Conditions will constitute a breach of these Terms. The Acceptable Use Conditions are as follows:
1. You agree to use the Yoga Pose LLC website and access the Contents only for lawful purposes and your use of the Yoga Pose LLC website and Contents is in no way unlawful or fraudulent;
2. You agree not to use or access the Yoga Pose LLC website or the Contents for the purpose of harming or attempting to harm minors in any way;
3. You agree not to distribute all or any part of the Yoga Pose LLC website or Contents in any medium without our prior written consent,unless such distribution is offered through the functionality of the Yoga Pose LLC website and permitted by these Terms including,without limitation
4. You agree not to alter or modify any part of the Yoga Pose LLC website or the Contents;
5. You agree not to (and will not attempt to) circumvent, disable or otherwise interfere with any security related features of the Yoga Pose LLC website or any features that (i) prevent or restrict use or copying of content or (ii) enforce any limitations on you, the use of the Yoga Pose LLC website or access to the Contents;
6. You agree not to knowingly transmit any data or send or submit any content that contains viruses, Trojan horses, worms, time-bombs,key-stroke loggers, spyware, adware or any other harmful programs or similar computer code designed to adversely affect the operation of any computer software or hardware;
7. You agree not to use or access the Yoga Pose LLC website or Contents for any commercial uses or for the benefit of any third party,including but not limited to
8. You agree to use the Yoga Pose LLC website and access the Contents in a way which does not infringe the rights of third parties or restrict or prevent anyone else’s use and enjoyment of the Yoga Pose LLC website, Contents;
9. You agree not to ask for, collect or harvest any personal data of any Visitor or Users of the Yoga Pose LLC website or Contents;
10. You agree not to post, upload, email or otherwise transmit to or otherwise cause us to email, transmit or otherwise distribute chain letters, surveys or studies, calls to action, junk mail, pyramid schemes, incentives (monetary or click-based), spimming or spamming, or bulk communications of any kind, whether or not for commercial or non-commercial purposes;
11. You will not copy, reproduce, create derivative works of, distribute, transmit, broadcast, display, sell, license, or otherwise exploit any content contained on the Yoga Pose LLC website or app (including without limitation the Contents) for any other purpose other than as permitted by these Terms without our prior written consent;
12. You agree not to use the Yoga Pose LLC website or the Contents in any manner intended to damage, disable, overburden or impair any Yoga Pose LLC server or the network(s) connected to any Yoga Pose LLC server, or infringe any requirements, procedures, policies or regulations of any servers or networks connected to the Yoga Pose LLC website;
13. You agree not to use any high volume, automated, or electronic means to access the Yoga Pose LLC website or the Contents (including without limitation robots, spiders or D:DOS);
14. You agree not to frame the Yoga Pose LLC website or the Contents, place pop-up windows over its pages, or otherwise affect the display of its pages;
15. You agree not to access or attempt to access any other Visitor or User’s account or falsely state, impersonate, or otherwise misrepresent your identity, including but not limited misrepresenting your affiliations with a person or entity, past or present;
16. You agree not to force headers or otherwise manipulate identifiers in order to disguise the origin of any communication transmitted through the Yoga Pose LLC website; and
17. You acknowledge and agree that the form and nature of the Yoga Pose LLC website and Contents which we provide may change from time to time without prior notice to you.
18. You acknowledge and agree that we may stop (permanently or temporarily) providing the Yoga Pose LLC website, Contents (or any part of the Contents) to you or to Users generally for whatever reason, at our sole discretion, without prior notice to you.
19. You agree that you are solely responsible for (and that we have no responsibility to you or to any third party for) any breach of your obligations under the Terms and for the consequences of that breach (including, but not limited to, any loss or damage which we or any third party may suffer).
The Site, Services and Yoga Pose LLC Contents are protected by copyright, trademark and other laws of the Australia and foreign countries.
28. DMCA Copyright Complaints
If you believe that anything on the Services infringes upon any copyright which you own or control, you may file a notification of such infringement with our Designated Agent as set forth below.
For the requirements of a proper notification
Name of Designated Agent:
You must not knowingly misrepresent your information that the Material is infringing when it is not. You will be liable for any damages, including costs and attorneys' fees, incurred by us or the alleged infringer as the result of our relying upon such misrepresentation in removing or disabling access to the Material or activity claimed to be infringing.
29. License to Use
Subject to your compliance with these Terms, we grant you a fully revocable, worldwide, non-exclusive, non-transferable, non-sub-licensable limited right and license:
1. to access, internally use and display the Yogapose.com website and Yoga Pose LLC Contents as an individual only at your location solely as necessary to browse and/or participate in the Yogapose.com services provided by Yoga Pose LLC
2. You must abide by all copyright notices or restrictions contained on the Yoga Pose LLC website or Yogapose.com Contents. You may not delete any attributions, legal or proprietary notices on the Yogapose.com website or Yoga Pose LLC Contents.
3. Users are not allowed to download any of our material, anyone found guilty of this will have his account and services cancelled and also will be reported to the appropriate authority.
30. License Termination
The license in 1(a) above will terminate when you or your Institution (as defined below) delete (i) any User Content with intellectual property rights (like photos or videos) (“IP content”)), (ii) personally identifiable information (such as that in User Data), or (iii) your account. Such termination may not apply if your User Content has been shared with others, and they have not deleted it. When you post User Content, or send messages via the platform, this can be viewed by other users, and parents and it means that you are allowing others to access and use that information.
31. Your Responsibilities and Yogapose.com Rights
You agree that you, are responsible for making sure that you have all rights in the User Content, including the rights necessary for you to grant us the foregoing licenses to the User Content. You represents, covenants and agrees on behalf of yourself that when you submit any contents on the platform, you have all required rights to submit, post, upload or otherwise, own, use or disseminate the Content you submits or uploads without violating any third-party rights. You are responsible for ensuring your Content complies with our “Acceptable Use and User Conduct” policy set forth in these terms.
All information posted or transmitted through the Service is the responsibility of the person that posted it, and we will not be liable for any errors or omissions in any content. Yogapose.com cannot guarantee the identity of any other Users with whom you may interact in the course of using the Service, or the authenticity of any data which users may provide about themselves. You acknowledge that all content accessed by you using the Service is at your own risk and you will be solely responsible for any damage or loss to any party resulting therefrom. You acknowledge that Yogapose.com and its designees (such as teachers) reserve the right, but shall have no obligation, to pre-screen, filter, edit, remove, refuse to accept, post, display, or transmit any User Content through or on the Service in whole or in part at any time for any reason or no reason with or without notice and without liability of any kind. Additionally, we do not guarantee that we will publish any of your User Content, and reserve the right to remove User Content from the Service at any time for any reason, such as if we receive a notice reports a User Content infringes someone’s intellectual property rights.
32. Yoga safely
One of the most important skills yoga can teach us is greater body awareness. No yoga teacher knows your body as well as you do, so if anything doesn't feel right, you are free to take breaks and/or skip poses or sequences that are not suitable for you.
We recommend that you use these online yoga contents with an experienced yoga teacher who can observe you and give you personal guidance where required.
We do not offer medical advice. If you have any doubts please consult your medical practitioner before starting yoga or if you are coming back to it after illness or injury. This is particularly important for, but not limited to, the following conditions: if you are pregnant, nursing, taking medication, have low or high blood pressure, or have any existing medical condition or injuries. If you feel dizzy, light-headed, faint, or if you experience any other discomfort, stop immediately and take a resting pose. Consult a medical professional if your symptoms do not pass.
Most yoga possess on this website will include Yoga poses for back pain,” or “Yoga poses for depression. Please take responsibility for your own body and include extra warm up and cool down stretches where appropriate to avoid injuries.
The information provided on our website is provided for educational and background purposes only. Using the website and the information provided is at your own risk
33. Copyright Policy
It is our policy that any content included on the Yogapose.com website or within Yogapose.com Contents that infringes, or is likely to infringe, the intellectual property rights of any third party will be removed from the Yogapose.com website as soon as possible after we are made aware of such infringement or potential infringement.
If you are the owner of intellectual property rights, or are authorized to act on behalf of an owner, or authorized to act under any exclusive right, you should report any alleged infringements of your intellectual property rights taking place on or through the Yogapose.com website by emailing a Copyright Infringement Notice to Yogapose.com, containing at a minimum the details outlined in section below.
We will take whatever action, in our sole discretion, we deem appropriate, including the removal of the challenged content. When you notify us in accordance with Copyright Notice terms, your written Copyright Infringement Notice must contain the following:
- Statement explaining how the content infringes your intellectual property rights;
- Your mailing address, telephone number and email address so that we can contact you;
- a statement that the information contained in the notice is accurate and that you are the owner of the intellectual property rights or have an exclusive right in law to bring infringement proceedings in respect of its use; and
- Your signature (an electronic signature is sufficient).
We will, act in our sole discretion, terminate User Accounts and access to the Yogapose.com website in the first instance of any infringement, there won’t be any warnings. Zero-tolerance policy (regardless of whether the User has taken appropriate action as we may (direct).
34. Content Feeds
We make some of the Website Content ("Feed Content") available via Real Simple Syndication and Atom feeds ("Feeds"). You may access and use the Feeds in order to display Feed Content on your personal computer, website, or blog ("Your Website"), provided that (i) your use of the Feeds is for personal, non-commercial purposes only, (ii) your display of the Feed Content links back to the relevant pages on our Websites, and attributes us as the source of the Feed Content, (iii) your use or display of the Feed Content does not suggest that we promote or endorses any third party causes, ideas, websites, products or services, including Your Website, (iv) you do not redistribute the Feed Content, and (v) your use of the Feeds does not overburden our systems. We reserve all rights in the Feed Content and may terminate the Feeds at any time.
35. Privacy and Security
You acknowledge that the opinions and recommendations contained in this Website are not necessarily those of Yoga Pose LLC or endorsed by Yoga Pose LLC. Yoga Pose LLC may provide links on the Website to other websites which are not under the control of Yoga Pose LLC. In general, any website which has an address (or URL) which does not contain "Yoga Pose LLC” is such a website. These links are provided for convenience of reference only and are not intended as an endorsement by Yoga Pose LLC of the organization or individual operating the website or a warranty of any type regarding the website or the information on the website.
37. Disclaimer of Endorsement
Reference herein to any specific commercial products, process, or service by trade name, trademark, manufacturer, or otherwise, does not necessarily constitute or imply its endorsement, recommendation, or favoring by Yoga Pose LLC. The views and opinions of authors expressed herein do not necessarily state or reflect those of Yoga Pose LLC, and shall not be used for advertising or product endorsement purposes.
38. User Representations.
You represent and warrant that:
- You are over 13 years of age and that you possess the legal right and ability to accept these Terms and to use the Site and the Service in accordance with these Terms.
- You are not relying on any representation made by us that has not been stated expressly in these Terms, or on any descriptions or specifications contained in any other document, including any catalogues or publicity material that we have produced.
- You will conduct such tests and virus scanning as may be necessary to ensure that data uploaded by you onto or downloaded by you from any Yogapose.com server does not contain any virus and will not, in any way, corrupt the data or systems of Yogapose.com or of any User or other person.
- You will hold the necessary Intellectual Property Rights (including licenses thereto) and will continue to possess such necessary rights in any User Content you upload into the Site for as long as Users require access to such User Content you commercialized through the Site.
- You will not modify, copy, distribute, transmit, display, perform, reproduce, publish, license, create derivative works from, frame in another web page or similar Service, use on any other any web site or product or similar Service, transfer, or sell any information, software, lists of users, databases or other lists, products or services provided through or obtained from the Service, other than for use as contemplated in the Service in accordance with these Terms. This means, among other activities, that you agree not to deploy “robots” or “spiders” "database scraping", or any other activity with the purpose of obtaining lists of users or other information. You also agree that you will not use the Service in any manner that could damage, disable, overburden, or impair the Service or interfere with any other party's use and enjoyment of the Service. You may not obtain or attempt to obtain any materials or information through any means not intentionally made available or provided for through the Service. Except with our written permission, you agree that you will not access or attempt to access password protected, secure or non-public areas of the Service. If you attempt to access prohibited areas of the Service, you may be subject to prosecution.
- You accept full responsibility for all information, User Content and other material you post and issue through the Site, and you will indemnify us and hold us harmless against (i) any liability in relation thereto, as well as for all costs, expenses, loss or liability that we may suffer (directly or indirectly) resulting from your breach of these Terms, and (ii) your use or misuse of the Site or the Service and the use or misuse of the Site or the Service by any person using your device. In particular, you undertake that you shall not publish or issue any information that is illegal, offensive, defamatory or deceptive. You also acknowledge that we do not vet or approve any information or material available through the Service and that we do not accept any liability.
39. Information provided to Yogapose.com
We request minimal personal information to be provided from Users to use the Service. Please see our children’s policy under COPPA for more information. If you are under 13 years of age, and you want a User account on the Yoga Pose LLC website, you will need to have your parent create your User account after we have obtained parental consent from them. If you are creating your own account, we will either ask you for (1) a username (and/or email address), password, and age or date or birth, as well as your parents email address so that we can provide notice or obtain consent for you to use the Service.
40. Changes to the Service
We are constantly changing and improving our Services. We may add or remove functionalities or features, and we may suspend or stop a Service altogether, including, for example, if you do not comply with this Agreement or if we are investigating suspected misconduct. You can stop using our Service at any time, although we’ll be sorry to see you go. We may also add or create new limits to our Service or restrict your access to all or a part of the Service at any time without notice or liability. We believe that you (or your school as applicable) own your data and preserving your access to such data is important. If we discontinue a Service, where reasonably possible, we will give you reasonable advance notice and a chance to get information out of that Service. Restrictions Except as expressly permitted under this Agreement, you agree that your permission to use the Service is conditioned upon you following all the restrictions set forth in the “Yoga Pose LLC website” and “Acceptable Use and User Conduct” sections.
41. Your Liability to Us
You indemnify and keep us fully indemnified from and against all actions, claims, demands, costs, expenses, liabilities, loss, damages or other monetary relief brought, made or awarded against or incurred by us resulting (directly or indirectly) from:
- You submitting user Content to the Yoga Pose LLC website or participating in the Yoga Pose LLC services
- Your access to or use of the Yoga Pose LLC website or Yoga Pose LLC Services;
- Your breach of any of these Terms; and
- Any negligent act or omission, deliberate default or breach of statutory duty on your part.
- Each indemnity in this paragraph is separate and independent from the other obligations in these Terms. Each of these indemnities is to remain fully effective despite any indulgence granted from time to time and despite any judgment or order.
If any provision or provisions of this Agreement shall be held to be invalid, illegal, unenforceable or in conflict with the law of any jurisdiction, the validity, legality and enforceability of the remaining provisions shall not in any way be affected or impaired thereby.
43. Legal Disclaimer and Warranties
The service (and any associated products, app features, content, third-party content, third-party websites, third-party applications, user content, Yoga Pose LLC technology or software and any other content (“collectively the “Yoga Pose LLC offerings”) are provided on an “as is” and “as available” basis. Without limiting the generality of the foregoing, Yoga Pose LLC (and its parent, successors, affiliates, subsidiaries, contractors, service providers, employees, officers, directors, suppliers, licensors, partners and agents (“Yoga Pose LLC parties”) expressly disclaims all warranties or representations of any kind, express, implied or statutory, regarding the Yoga Pose LLC offerings, including, without limitation, any implied warranty of quality, accuracy, performance, availability, merchantability, quiet enjoyment, fitness for a particular purpose, title or non-infringement.
In particular, Yoga Pose LLC parties makes no representation or warranty that the Yoga Pose LLC offerings
(1) Will meet your requirements or expectations, or be to your liking,
(2) Will be timely, secure, accurate, free from errors or loss, or uninterrupted, or that the services are free from viruses or other harmful components, or
(3) That any defects or errors will be corrected. Some features are experimental and have not been tested in any manner.
Any material downloaded from the website or otherwise obtained through the use of the service is done at the user's own discretion and risk, and the user will be solely responsible for any damage to their computer system or loss of data that results from accessing or downloading any such material. No advice or information, whether oral or written, obtained by the user from Yoga Pose LLC shall create any warranty not expressly stated in these terms and conditions of use.
44. Exclusion of Liability
Yoga Pose LLC is not liable or responsible for any loss or damage that may result to you or a third party as a result of your or their use of Yoga Pose LLC website or its Mobile App sites. This exclusion covers all servicing, costs, indirect or consequential loss, and whether in tort or contract or otherwise in connection with Yoga Pose LLC website.
Nothing in these terms and conditions shall exclude or limit liability for (i) death or personal injury caused by negligence (as defined by the contract law in the U.S.); (ii) fraud; (iii) misrepresentation as to a fundamental matter; or (iv)Any liability which cannot be excluded or limited under the U.S. Laws.
45. Limitation of Liability
UNDER NO LEGAL THEORY, INCLUDING, BUT NOT LIMITED TO NEGLIGENCE, SHALL YOGA POSE LLC OR THE YOGA POSE LLC PARTIES , BE LIABLE TO YOU FOR ANY INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL, OR EXEMPLARY DAMAGES, INCLUDING, BUT NOT LIMITED TO, DAMAGES FOR LOSS OF PROFITS, COST OF COVER, GOODWILL, USE, DATA, OR OTHER INTANGIBLE LOSSES (EVEN IF YOGA POSE LLC HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES), ARISING FROM OR RELATING TO (i) THIS AGREEMENT; (ii) YOUR USE OR THE INABILITY TO USE THE UNITED STATES OF AMERICA OFFERINGS; OR (iii) ANY INTERACTION WITH ANY THIRD-PARTY THROUGH OR IN CONNECTION WITH THE YOGA POSE LLC OFFERINGS, INCLUDING OTHER USERS.
IN NO EVENT WILL YOGA POSE LLC OR YOGA POSE LLC PARTIES BE LIABLE TO YOU IN THE AGGREGATE (FOR ALL POTENTIAL CLAIMS BY YOU) FOR ANY DAMAGES INCURRED IN EXCESS OF THE GREATER OF ANY FEES YOU HAVE ACTUALLY PAID TO YOGA POSE LLC FOR USE OF THE SERVICE IN THE 12 MONTHS PRIOR TO THE EVENTS GIVING RISE TO THE CLAIM, OR ONE HUNDRED DOLLARS ($100).
CERTAIN JURISDICTIONS DO NOT ALLOW LIMITATIONS ON IMPLIED WARRANTIES OR THE EXCLUSION OR LIMITATION OF CERTAIN DAMAGES. IF YOU RESIDE IN SUCH A JURISDICTION, SOME OR ALL OF THE ABOVE DISCLAIMERS, EXCLUSIONS, OR LIMITATIONS MAY NOT APPLY TO YOU, AND YOU MAY HAVE ADDITIONAL RIGHTS. IN SUCH CASES, YOGA POSE LLC’S LIABILITY WILL BE LIMITED TO THE FULLEST EXTENT PERMITTED BY LAW.
46. Electronic Communications
For contractual purposes, you (1) consent to receive communications from Yoga Pose LLC in an electronic form such as email, to provide special deals, and promotion; (2) agree that all terms and conditions, agreements, notices, disclosures, and other communications that Yoga Pose LLC provides to you electronically via email satisfy any legal requirement that such communications would satisfy if they were in writing. This subparagraph does not affect your statutory rights.
48. Our GDPR Data Protection
49. No Reliance
You should not solely rely on the Material, but should instead seek other opinions before taking or failing to take any action which could lead to injury, harm, death or damage of any kind.
50. Entire Agreement
This Agreement is the entire agreement between the user and Yoga Pose LLC and supersedes any prior understandings or agreements (written or oral).
51. Copyright License
Copyright (C) 2020(S) Of First Publication Yoga Pose LLC Website
Subject to the express provisions of these terms and conditions. We, together with our licensors, own and control all the copyright and other intellectual property rights in Yoga Pose LLC Yoga Pose LLC website and the material on our Yoga Pose LLC website; and All The Copyright and Other Intellectual Property Rights in Yoga Pose LLC website And the Material on Our website Are Reserved.
You agree, to the extent permissible by your state’s laws, to indemnify, hold harmless and defend Company and the Yoga Pose LLC Parties from and against all damages, losses, demands, liabilities, judgments, settlements, costs and expenses of any kind (including reasonable attorneys' fees) from any claim or demand made by any third-party relating to or arising out of (i) your access to, use, or misuse of the Service or site features, (ii) your breach of alleged breach of this Agreement, (iii) your failure to comply with applicable Laws (including any failure to obtain or provide any necessary consent), (iv) the infringement by you or any third-party using your account of any intellectual property, privacy, or other right of any person or entity, including in connection with your User Content, or (v) your breach or alleged breach of any interaction, agreement, or policy between you and any other Users.
Yoga Pose LLC reserves the right, at your expense, to assume the exclusive defense and control of any matter for which you are required to indemnify us and you agree to cooperate with our defense of these claims. You agree not to settle any matter without the prior written consent of Yoga Pose LLC. Yoga Pose LLC will use reasonable efforts to notify you of any such claim, action or proceeding upon becoming aware of it.
53. Privacy and Security
However, no Internet or email transmission is ever fully secure or error free. Therefore, you should take special care in deciding what information you send to us via the Website or email. Please keep this in mind when disclosing any information via the Internet
54. Data Policy
55. Dispute Resolution
Please read the following section carefully because it requires you to arbitrate certain disputes and claims with Yogapose.com and limits the manner in which you can seek relief from us, unless you opt out of arbitration by following the instructions set forth below. No class or representative actions or arbitrations are allowed under this arbitration agreement. In addition, arbitration precludes you from suing in court or having a jury trial.
56. No Representative Actions
You and Yogapose.com agree that any dispute arising out of or related to these Terms or our Services is personal to you and Yogapose.com and that any dispute will be resolved solely through individual action, and will not be brought as a class arbitration, class action or any other type of representative proceeding.
57. Arbitration of Disputes
Except for small claims disputes in which you or Yogapose.com seeks to bring an individual action in small claims court located in the county of your billing address or disputes in which you or Yogapose.com seeks injunctive or other equitable relief for the alleged unlawful use of intellectual property, you and Yogapose.com waive your rights to a jury trial and to have any dispute arising out of or related to these Terms or our Services resolved in court. Instead, for any dispute or claim that you have against Yogapose.com or relating in any way to the Services, you agree to first contact Yogapose.com and attempt to resolve the claim informally by sending a written notice of your claim (“Notice”) to Yogapose.com.co by email at firstname.lastname@example.org The Notice must
15. Agreed Terms
- Include your name, residence address, email address, and telephone number;
- Describe the nature and basis of the claim; and
- Set forth the specific relief sought.
Our notice to you will be similar in form to that described above. If you and Yogapose.com cannot reach an agreement to resolve the claim within thirty (30) days after such Notice is received, then either party may submit the dispute to binding arbitration administered by JAMS or, under the limited circumstances set forth above, in court. All disputes submitted to JAMS will be resolved through confidential, binding arbitration before one arbitrator. In accordance with the JAMS Streamlined Arbitration Rules and Procedures (“JAMS Rules”). The most recent version of the JAMS Rules is available on the JAMS blog site and are hereby incorporated by reference. You either acknowledge or agree that you have read and understand the JAMS Rules or waive your opportunity to read the JAMS Rules and waive any claim that the JAMS Rules are unfair or should not apply for any reason.
You and Yogapose.com agree that these Terms affect interstate commerce and that the enforceability of this Section will be substantively and procedurally governed by the Federal Arbitration Act, 9 U.S.C. § 1, et seq. (the “FAA”), to the maximum extent permitted by applicable law. As limited by the FAA, these Terms and the JAMS Rules, the arbitrator will have exclusive authority to make all procedural and substantive decisions regarding any dispute and to grant any remedy that would otherwise be available in court, including the power to determine the question of arbitrability. The arbitrator may conduct only an individual arbitration and may not consolidate more than one individual’s claims, preside over any type of class or representative proceeding or preside over any proceeding involving more than one individual.
The arbitrator, Yogapose.com, and you will maintain the confidentiality of any arbitration proceedings, judgments and awards, including, but not limited to, all information gathered, prepared and presented for purposes of the arbitration or related to the dispute(s) therein. The arbitrator will have the authority to make appropriate rulings to safeguard confidentiality, unless the law provides to the contrary. The duty of confidentiality does not apply to the extent that disclosure is necessary to prepare for or conduct the arbitration hearing on the merits, in connection with a court application for a preliminary remedy or in connection with a judicial challenge to an arbitration award or its enforcement, or to the extent that disclosure is otherwise required by law or judicial decision.
Any claim arising out of or related to these Terms or our Services must be filed within one year after such claim arose; otherwise, the claim is permanently barred, which means that you and Yogapose.com will not have the right to assert the claim.
You have the right to opt out of binding arbitration within 30 days of the date you first accepted the terms of this agreement by sending an email to email@example.com In order to be effective, the opt-out notice must include your full name and address and clearly indicate your intent to opt out of binding arbitration. By opting out of binding arbitration, you are agreeing to resolve disputes in accordance with this agreement.
If any portion of this Section is found to be unenforceable or unlawful for any reason, (a) the unenforceable or unlawful provision shall be severed from these Terms; (b) severance of the unenforceable or unlawful provision shall have no impact whatsoever on the remainder of this terms or the parties’ ability to compel arbitration of any remaining claims on an individual basis pursuant to this terms; and (c) to the extent that any claims must therefore proceed on a class, collective, consolidated, or representative basis, such claims must be litigated in a civil court of competent jurisdiction and not in arbitration, and the parties agree that litigation of those claims shall be stayed pending the outcome of any individual claims in arbitration. Further, if any part of this terms is found to prohibit an individual claim seeking public injunctive relief, that provision will have no effect to the extent such relief is allowed to be sought out of arbitration, and the remainder of this terms will be enforceable.
58. Governing Law and Jurisdiction
These Terms and Condition and Your Use of Yoga Pose LLC website. Which are governed by the laws of the United States of America and Florida Courts. Including that required by the European Union GDPR Regulation, Each Party Shall Apply to the Florida laws Which Holds the Jurisdiction on the Disputes Without Regard To Conflict of Law Provisions.
Any Disputes Relating to These Terms and Conditions Shall Be subject To the Exclusive OR Non-Exclusive Jurisdiction of all Florida Courts.
Yoga Pose LLC may modify the terms herein contained at any time. Such modifications shall be communicated by email and shall be binding on you.
- All disputes relating to these terms and any services made by Yoga Pose LLC to you shall be governed by the laws of the United States Courts without reference to its conflict of laws principles and is subject to the exclusive jurisdiction of the courts in Florida.
- Yoga Pose LLC's opinion on all issues pertaining to the interpretation of these Terms shall be final and binding on you.
- Yoga Pose LLC is subject to existing laws and legal process and nothing contained in these Terms is in derogation of Yoga Pose LLC's right and obligation to comply with the Law or governmental, court and requests of enforcement agencies.
- If any part of these terms are held to be invalid or unenforceable including, but not limited to, the 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 provision and is nevertheless valid and enforceable and the remainder of these terms shall continue in effect.
- You may not assign any rights or obligations against Yoga Pose LLC without Yoga Pose LLC's prior written consent. Yoga Pose LLC reserves the right to transfer any right or obligation against you upon notice to you. Upon such assignment, the assignee shall be bound by the Terms in the same manner as Yoga Pose LLC and Yoga Pose LLC shall cease to have any liability to you.
If You Have Any Questions about These Terms & Condition, Please Contact Us at Email the firstname.lastname@example.org