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General
Thank you for visiting www.guidedyoga.com (the "Site"). The Site is owned and operated by Guided Yoga LLC. Please read these Terms of Use carefully.
Your use of the Site or any of the products or services offered on the Site (collectively, the "Services") is subject to these Terms of Use (these "Terms"). We may modify these Terms at any time without notice to you by posting revised Terms on the Site. Your use of the Site constitutes your binding acceptance of these Terms, including any modifications that we make.
Some of the Services may be subject to additional conditions. Your use of those Services is subject to those conditions, which are incorporated into these Terms by reference. In the event of an inconsistency between these Terms and any additional conditions, the provisions of the additional conditions shall control.
We have the right, but not the obligation, to take any of the following actions in our sole discretion at any time and for any reason without giving you any prior notice:
You agree that we will not be liable to you or any third party for taking any of these actions.
You understand and agree that our Services may include communications such as service announcements and administrative messages and that these communications are considered part of the Services. You will not be able to opt out of receiving these messages.
Health and Exercise Disclaimer
THE CONTENTS OF THE SITE ARE INTENDED FOR INFORMATIONAL PURPOSES ONLY, AND SHOULD NOT IN ANY WAY BE CONSTRUED AS CONSTITUTING THERAPY, MEDICAL ADVICE, OR PROFESSIONAL SERVICES OF ANY KIND. GUIDED YOGA IS NOT A SUBSTITUTE FOR MEDICAL CARE. WE OFFER NO HEALTH WARRANTIES OR GUARANTEES OF ANY KIND.
IF YOU HAVE A HISTORY OF MENTAL OR PHYSICAL ILLNESS OR ARE EXPERIENCING SYMPTOMS THAT MAKE YOU FEEL THAT YOU MAY HAVE A MENTAL OR PHYSICAL ILLNESS, YOU SHOULD CONSULT A PHYSICIAN.
LIKE ANY EXERCISE ACTIVITY, YOGA IS NOT APPROPRIATE FOR ALL PEOPLE AND MAY RESULT IN INJURY. YOUR DECISION TO PARTICIPATE IN GUIDED YOGA AND USE THE SERVICES IS ENTIRELY YOUR OWN RESPONSIBILITY AND IS TAKEN BY YOU SOLELY AT YOUR OWN RISK. ALWAYS CONSULT A PHYSICIAN BEFORE STARTING ANY EXERCISE PROGRAM.
Content on the Site
The Site includes a combination of content that we create and that our partners create. All materials published on the Site, including, but not limited to, written content, photographs, graphics, images, illustrations, marks, logos, sound, video, applets and servlets, are protected by our registered and unregistered copyrights and/or trademarks or those of our partners. You may not modify, publish, transmit, participate in the transfer or sale of, reproduce, create derivative works of, distribute, publicly perform, publicly display, or in any way exploit any of the materials or content on the Site in whole or in part. If you would like to request permission to use any of the content on the Site, please contact us directly via the CONTACT PAGE. You are advised that Guided Yoga LLC will aggressively enforce its intellectual property rights to the fullest extent of the law.
Guided Yoga LLC neither warrants nor represents that your use of materials displayed on the Site will not infringe rights of third parties not owned by or affiliated with Guided Yoga LLC.
Third-party Sites, Products, and Services
The Site contain links to other Internet sites owned by third parties. Your use of each of those sites is subject to the conditions, if any, that each of those sites has posted. We have no control over sites that are not ours, and we are not responsible for any changes to or content on them. Our inclusion on the Site of any third-party content or a link to a third-party site is not an endorsement of that content or third-party site.
Your correspondence or related activities with third parties, including payment transactions, are solely between you and that third party. You agree that we will not be responsible or liable for any loss or damage of any sort incurred as the result of any of your transactions with third parties. Any questions, complaints, or claims related to any product or service should be directed to the appropriate vendor.
Fee-based Services
Some of the Services require you to pay a fee, as described in the specific conditions included where those Services are offered. You agree to pay all fees and charges that you incur. Unless otherwise noted, all currency references are in U.S. dollars. We may, upon notice if required by applicable laws, at any time change the amount of, or basis for determining, any fee or charge, or institute new fees or charges. All fees and charges are payable in accordance with payment terms in effect at the time the fee or the charge becomes payable.
Members on a monthly billing cycle are billed each month on the same day of the month. Members on a yearly billing cycle are billed each year on the same day of the year. All memberships are billed in advance. New members will not have access to the site until payment has been received. All memberships are renewed automatically until canceled. There is no minimum obligation and members may cancel anytime. MEMBERSHIP FEES ARE NON-REFUNDABLE.
Viewing images, video and audio material on the Site requires that you meet specific system, software and network bandwidth requirements. Please review the REQUIREMENTS. No refunds are given for failure to meet the system, software or network bandwidth requirements, including memberships purchased for third parties.
Privacy Policy
All of the information that we collect from you, such as registration information, is subject to our privacy policy. Please click HERE to see our full privacy policy.
Your Conduct on the Site
If we request registration information from you, you will provide us with true, accurate, current, and complete information. You will promptly update your registration to keep it accurate, current, and complete. If we issue you a password, you may not reveal it to anyone else. You may not use anyone else's password. You are responsible for maintaining the confidentiality of your accounts and passwords. You agree to immediately notify us of any unauthorized use of your passwords or accounts or any other breach of security. You also agree to sign out from your accounts at the end of each session. We will not be responsible for any loss or damage that may result if you fail to comply with these requirements.
Excessive viewings or sign-ins by any member may be construed by Guided Yoga LLC, in our sole discretion, as fraudulent use of the Services, which will result in the immediate cancellation of membership without refund. When applying for membership you agree to take all actions possible to protect your username and password from fraudulent use. Guided Yoga LLC reserves the right to cancel any membership it believes has been compromised, or is being used fraudulently, in our sole discretion.
The technology and the software underlying the Site and the Services is the property of Guided Yoga LLC, our affiliates, and our partners. You agree not to copy, modify, rent, lease, loan, sell, assign, distribute, reverse engineer, grant a security interest in, or otherwise transfer any right to the technology or software underlying the Site or the Services. You agree not to modify the software underlying the Site in any manner or form or to use modified versions of such software, including (without limitation) for the purpose of obtaining unauthorized access to the Site.
Without limiting the foregoing, you agree that you will not use the Site to take any of the following actions:
If you provide us with an email address that is or becomes invalid or which you do not have the right to use, we reserve the right, without prior notice to you, to automatically deny you access to the Site.
Unauthorized access to the Site is a breach of these Terms and a violation of the law. You agree not to access the Site by any means other than through the interface that is provided by Guided Yoga LLC for use in accessing the Site. You agree not to use any automated means, including, without limitation, agents, robots, scripts, or spiders, to access, monitor, or copy any part of the Site, except those automated means that we have approved in advance and in writing.
Use of the Site is subject to existing laws and legal process. Nothing contained in these Terms shall limit our right to comply with governmental, court, and law-enforcement requests or requirements relating to your use of the Site.
Indemnification
You hereby agree to indemnify, defend and hold Guided Yoga LLC and all of our officers, directors, owners, employees, agents, information providers, affiliates, partners, and licensors (collectively, the "Guided Yoga Parties") harmless from and against any and all liability, losses, costs, and expenses (including attorneys' fees) incurred by any Guided Yoga Party in connection with any claim, including, but not limited to, claims for defamation, violation of rights of publicity and/or privacy, copyright infringement, or trademark infringement arising out of:
We reserve the right, at our own 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.
Termination
This agreement is effective until terminated by Guided Yoga LLC, at any time without notice. In the event of termination, you are no longer authorized to access the Site and these Terms shall survive.
Disclaimers and Limitation of Liability
We disclaim any responsibility for the deletion, the failure to store, the misdelivery, or the untimely delivery of any information or material. We disclaim any responsibility for, and if you subscribe to one of our fee-based services you will not be entitled to a refund as a result of, any service outages that are caused by our maintenance on the servers or the technology that underlies the Site, failures of our service providers (including telecommunications, hosting, and power providers), computer viruses, natural disasters or other destruction or damage of our facilities, acts of nature, war, civil disturbance, or any other cause beyond our reasonable control.
WE DO NOT WARRANT THAT THE SITE WILL BE UNINTERRUPTED OR ERROR FREE. IN ADDITION, WE DO NOT MAKE ANY WARRANTY AS TO THE CONTENT ON THE SITE. THE SITE AND ITS CONTENT ARE DISTRIBUTED ON AN "AS IS, AS AVAILABLE" BASIS. ANY MATERIAL THAT YOU DOWNLOAD OR OTHERWISE OBTAIN THROUGH THE SITE IS DONE AT YOUR OWN DISCRETION AND RISK, AND YOU WILL BE SOLELY RESPONSIBLE FOR ANY POTENTIAL DAMAGES TO YOUR COMPUTER SYSTEM OR LOSS OF DATA THAT RESULTS FROM YOUR DOWNLOAD OF ANY SUCH MATERIAL. NEITHER WE NOR ANY OF OUR PARTNERS MAKES ANY WARRANTY THAT (i) THE SITE WILL MEET YOUR REQUIREMENTS, (ii) THE SITE WILL BE UNINTERRUPTED, TIMELY, SECURE, OR ERROR FREE, (iii) THE RESULTS THAT MAY BE OBTAINED FROM THE USE OF THE SITE WILL BE ACCURATE OR RELIABLE, (iv) THE QUALITY OF ANY PRODUCTS, SERVICES, INFORMATION, OR OTHER MATERIAL THAT YOU PURCHASE OR OBTAIN THROUGH THE SITE WILL MEET YOUR EXPECTATIONS, AND (v) ANY ERRORS WILL BE CORRECTED. NEITHER WE NOR ANY OF OUR PARTNERS MAKES ANY WARRANTIES OF ANY KIND, EITHER EXPRESS OR IMPLIED, INCLUDING, WITHOUT LIMITATION, WARRANTIES OF TITLE OR IMPLIED WARRANTIES OF MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE, WITH RESPECT TO THE SITE, ANY CONTENT, OR ANY OF OUR SERVICES, TOOLS, PRODUCTS, OR PROPERTIES. YOU EXPRESSLY AGREE THAT YOU WILL ASSUME THE ENTIRE RISK AS TO THE QUALITY AND THE PERFORMANCE OF THE SITE AND THE ACCURACY OR COMPLETENESS OF ITS CONTENT.
TO THE FULLEST EXTENT PERMITTED UNDER THE LAW, UNDER NO CIRCUMSTANCES, INCLUDING BUT NOT LIMITED TO NEGLIGENCE, SHALL GUIDED YOGA LLC OR OUR PARTNERS BE LIABLE FOR ANY DIRECT, INDIRECT, INCIDENTAL, SPECIAL, PUNITIVE OR CONSEQUENTIAL DAMAGES ARISING OUT OF THE USE OF, OR INABILITY TO USE, THE SITE OR THE SERVICES, WHETHER BASED ON BREACH OF CONTRACT OR WARRANTY, TORT, PRODUCT LIABILITY OR OTHERWISE, EVEN IF WE HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.
SOME STATES DO NOT ALLOW EXCLUSION OF IMPLIED WARRANTIES OR LIMITATION OF LIABILITY FOR INCIDENTAL OR CONSEQUENTIAL DAMAGES, SO THE ABOVE LIMITATIONS OR EXCLUSIONS MAY NOT APPLY TO YOU. IN SUCH STATES, OUR LIABILITY AND THAT OF OUR THIRD-PARTY CONTENT PROVIDERS AND THEIR RESPECTIVE AGENTS SHALL BE LIMITED TO THE GREATEST EXTENT PERMITTED BY LAW.
Arbitration
Guided Yoga may elect to resolve any controversy or claim arising out of or relating to these Terms or the Site by binding arbitration in accordance with the commercial arbitration rules of the American Arbitration Association. Any such controversy or claim shall be arbitrated on an individual basis and shall not be consolidated in any arbitration with any claim or controversy of any other party. The arbitration shall be conducted in New York, New York, and judgment on the arbitration award may be entered in any court having jurisdiction thereof. Either you or we may seek any interim or preliminary relief from a court of competent jurisdiction in New York, New York, necessary to protect the rights or the property of you or Guided Yoga LLC (or its agents, suppliers, and subcontractors), pending the completion of arbitration.
Miscellaneous
We may be required by state or federal law to notify you of certain events. You hereby acknowledge and consent that such notices will be effective upon our posting them on the Site or delivering them to you through email. If you do not provide us with accurate information, we cannot be held liable if we fail to notify you.
Our failure to exercise or enforce any right or provision of these Terms shall not constitute a waiver of such right or provision.
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 Site or these Terms must be filed within one (1) year after such claim or cause of action arose or be forever barred.
These Terms, including all terms, conditions, and policies that are incorporated into these terms by reference, constitute the entire agreement between you and Guided Yoga LLC and govern your use of the Site, superseding any prior agreements that you may have with us.
These Terms shall be construed in accordance with the laws of the State of New York, and the parties irrevocably consent to bring any action to enforce these Terms before an arbitration panel or before a court of competent jurisdiction in New York, New York if seeking interim or preliminary relief or enforcement of an arbitration award.
If any part of these Terms is determined to be invalid or unenforceable pursuant to applicable law, 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 Terms shall continue in effect.>
