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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. You must be at least 18 years old to use Guided Yoga.
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 may not be able
to opt out of receiving these messages.
HEALTH AND EXERCISE DISCLAIMER
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 SOLELY YOUR RESPONSIBILITY AND USE OF THE SERVICES IS UNDERTAKEN BY YOU
SOLELY AT YOUR OWN RISK. ALWAYS CONSULT A PHYSICIAN BEFORE STARTING
ANY EXERCISE PROGRAM.
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.
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. Except in connection with certain promotional offers, 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 at any time.
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, software, media, data and other intellectual property underlying the Site and the Services is
the property of Guided Yoga LLC, our affiliates, and our partners. You
agree not to directly or indirectly copy, modify, rent, lease, loan, sell, assign, distribute,
reverse engineer, grant a security interest in, or otherwise transfer
any right to any such technology, software, media, data or other intellectual property 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 harmless Guided Yoga LLC and all
of its officers, directors, owners, employees, agents, information
providers, affiliates, partners, and licensors (collectively, the
"Guided Yoga Parties") 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.
YOU AGREE THAT ANY MATERIAL THAT YOU DOWNLOAD OR OTHERWISE OBTAIN THROUGH THE SITE IS
OBTAINED VOLUNTARILY AT YOUR OWN RISK, AND YOU WILL BE SOLELY RESPONSIBLE
FOR ANY DAMAGES TO YOUR COMPUTER SYSTEM OR LOSS OF DATA THAT
RESULT FROM OBTAINING 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, PERFORMANCE, ACCURACY OR COMPLETENESS 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.
UNDER NO CIRCUMSTANCES SHALL THE AMOUNT OF ANY LIABILITY OF GUIDED YOGA LLC TO YOU ARISING OUT OF
YOUR USE OF, OR YOUR INABILITY TO USE, THE SITE OR THE SERVICES, WHETHER BASED
ON BREACH OF CONTRACT OR WARRANTY, TORT, PRODUCT LIABILITY OR OTHERWISE, EXCEED THE AMOUNT OF FEES ACTUALLY PAID BY YOU TO GUIDED YOGA LLC.
YOU EXPRESSLY WAIVE ANY CLAIM OR RIGHT YOU MAY HAVE AGAINST THE OFFICERS, DIRECTORS, OWNERS, EMPLOYEES, AGENTS, INFORMATION PROVIDERS, AFFILIATES,
PARTNERS OR LICENSORS OF GUIDED YOGA LLC IN RESPECT OF THE SITE AND THE SERVICES.
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 TO YOU FOR FOR ANY INDIRECT,
INCIDENTAL, SPECIAL, PUNITIVE OR CONSEQUENTIAL DAMAGES (INCLUDING LOST PROFITS AND LOST WAGES) ARISING OUT OF
THE USE OF, OR THE 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.
