Terms of Service
Please take a moment to carefully read through these Terms.
When you are required to open an account to use or access the Site, App or Service, you must complete the registration process by providing the complete and accurate information requested on the registration form. You will also be asked to provide a user name and password. You are entirely responsible for maintaining the confidentiality of your password. You may not use the account, username, or password of someone else at any time. You agree to notify Company immediately on any unauthorized use of your account, user name, or password. Company shall not be liable for any loss that you incur as a result of someone else using your password, either with or without your knowledge. You may be held liable for any losses incurred by Company, its affiliates, officers, directors, employees, consultants, agents, and representatives due to someone else’s use of your account or password.
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 exit 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.
If you use this site, you are responsible for maintaining the confidentiality of your account and password and for restricting access to your computer, and you agree to accept responsibility for all activities that occur under your account or password. starter-yoga.com does NOT sell products for children, but it does sell them to adults, who can purchase with a credit card. starter-yoga.com and its affiliates reserve the right to refuse service, terminate accounts, remove or edit content, or cancel orders in their sole discretion.
When you visit starter-yoga.com or send e-mails to us, you are communicating with us electronically. You consent to receive communications from us electronically. We will communicate with you by e-mail or by posting notices on this site. You 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.
REVIEWS, COMMENTS, COMMUNICATIONS, AND OTHER CONTENT
Visitors may post reviews, comments, and other content; and submit suggestions, ideas, comments, questions, or other information, so long as the content is not illegal, obscene, threatening, defamatory, invasive of privacy, infringing of intellectual property rights, or otherwise injurious to third parties or objectionable and does not consist of or contain software viruses, political campaigning, commercial solicitation, chain letters, mass mailings, or any form of “spam.” You may not use a false e-mail address, impersonate any person or entity, or otherwise mislead as to the origin of a card or other content. starter-yoga.com reserves the right (but not the obligation) to remove or edit such content, but does not regularly review posted content.
If you do post content or submit material, including emails sent to official email addresses of starter-yoga.com, (including personal email addresses of principals and employees of starter-yoga.com) or her agents, employees, affiliates or assigns, and unless we indicate otherwise, you automatically grant starter-yoga.com and its affiliates a nonexclusive, royalty-free, perpetual, irrevocable, and fully sublicensable right to use, reproduce, modify, adapt, publish, translate, create derivative works from, distribute, and display such content throughout the world in any media. You grant starter-yoga.com and its affiliates and sublicensees the right to use all information including, without limitation, the name, address, business name, phone number and email address that you submit in connection with such content, if they choose. You represent and warrant that you own or otherwise control all of the rights to the content that you post necessary to enable its reproduction, distribution, modification, publishing and/or other exploitation by starter-yoga.com and/or by any person authorized by starter-yoga.com by any means and in all media now known or hereafter devised without payment or other reference to you or any other person, and to advertise and promote such exploitation, for the full period of all such rights (together with any extensions and renewals) and insofar as possible in perpetuity; that the content is accurate; that use of the content you supply does not violate this policy and will not cause injury to any person or entity; and that you will indemnify starter-yoga.com or its affiliates for all claims resulting from content you supply. starter-yoga.com has the right but not the obligation to monitor and edit or remove any activity or content. starter-yoga.com takes no responsibility and assumes no liability for any content posted by you or any third party.
Any and all correspondence sent to starter-yoga.com, or its agents, employees, affiliates or assignees, including any documentation, images, or personal information in the content of such correspondence, are considered property of starter-yoga.com. starter-yoga.com reserves the right to reproduce such correspondence, in whole or in part, in any media. You agree that you or your successors, licensees or assigns, will not at any time claim or assert that any information in connection with such content published by starter-yoga.com or its affiliates constitutes a violation of any of your rights, including, without limitation, your right to privacy, publicity, false light, and the right to bring and prosecute an action for defamation. You hereby release starter-yoga.com, its successors, assigns, licensees, agents, employees and affiliates of and from any and all claims by or under your authority arising out of the publication of any correspondence you send to us.
CONTRIBUTIONS TO starter-yoga.com
From time to time, if ever, starter-yoga.com may expressly request submissions of ideas, concepts, stories or other potential content (“Contributions”) from you. Please carefully read any specific rules or other terms and conditions which appear on the website which govern those submissions. If no additional terms govern those submissions, then these Conditions of Use will apply in full to any Contributions you make.
By submitting your Contributions, you acknowledge and agree that: (a) your Contributions do not contain confidential or proprietary information; (b) starter-yoga.com is not under any obligation of confidentiality, express or implied, with respect to the Contributions; (c) starter-yoga.com shall be entitled to use or disclose (or choose not to use or disclose such Contributions for any purpose, in any way, in any media worldwide; (d) starter-yoga.com may have something similar to the Contributions already under consideration or in development; (e) your Contributions automatically become the property of starter-yoga.com without any obligation to you; and (f) you are not entitled to any compensation or reimbursement of any kind from starter-yoga.com under any circumstances.
3. USE OF SOFTWARE. Company may make certain software available to you from the Site or App. If you download software from the Site or App, the software, including all files and images contained in or generated by the software, and accompanying data (collectively, “Software”) are deemed to be licensed to you by Company, for your personal, noncommercial, home use only. Company does not transfer either the title or the intellectual property rights to the Software, and Company retains full and complete title to the Software as well as all intellectual property rights therein. You may not sell, redistribute, or reproduce the Software, nor may you decompile, reverse-engineer, disassemble, or otherwise convert the Software to a human-perceivable form. All trademarks and logos are owned by Company or its licensors and you may not copy or use them in any manner.
Some of the Services may be subject to additional posted 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 posted 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:
Restrict, suspend, or terminate your access to all or any part of our Services.
Change, suspend, or discontinue all or any part of our Services.
Refuse, move, or remove any material that you submit to our sites for any reason.
Refuse, move, or remove any content that is available on our sites.
Deactivate or delete your accounts and all related information and files in your account.
Establish general practices and limits concerning use of our sites.
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 from us or from our partners and that these communications are considered part of the Services. You will not be able to opt out of receiving these messages. You also understand that our Services may include advertisements.
4. USER CONTENT. You grant Company a license to use the materials you post to the Site, App or Service. By posting, downloading, displaying, performing, transmitting, or otherwise distributing information or other content (“User Content”) to the Site, App or Service, you are granting Company, its affiliates, officers, directors, employees, consultants, agents, and representatives a license to use User Content in connection with the operation of the Internet business of Company, its affiliates, officers, directors, employees, consultants, agents, and representatives, including without limitation, a right to copy, distribute, transmit, publicly display, publicly perform, reproduce, edit, translate, and reformat User Content. You will not be compensated for any User Content. You agree that Company may publish or otherwise disclose your name in connection with your User Content. By posting User Content on the Site, App or Service, you warrant and represent that you own the rights to the User Content or are otherwise authorized to post, distribute, display, perform, transmit, or otherwise distribute User Content.
Our sites include a combination of content that we create, that our partners create, and that our users create. All materials published on our sites, including, but not limited to, written content, photographs, graphics, images, illustrations, marks, logos, sound or video clips, and Flash animation, are protected by our copyrights 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 our sites in whole or in part.
You are solely responsible for all materials, whether publicly posted or privately transmitted, that you upload, post, e-mail, transmit, or otherwise make available on our sites (“Your Content”). You certify that you own all intellectual property rights in Your Content. You hereby grant us, our affiliates, and our partners a worldwide, irrevocable, royalty-free, nonexclusive, sublicensable license to use, reproduce, create derivative works of, distribute, publicly perform, publicly display, transfer, transmit, distribute, and publish Your Content and subsequent versions of Your Content for the purposes of (i) displaying Your Content on our sites, (ii) distributing Your Content, either electronically or via other media, to users seeking to download or otherwise acquire it, and/or (iii) storing Your Content in a remote database accessible by end users, for a charge. This license shall apply to the distribution and the storage of Your Content in any form, medium, or technology now known or later developed.
Our site contains content that we create as well as content provided by third parties. This content includes, among other things, product reviews, white papers, and stock quotes. It also includes information about products and services offered by parties other than Starter-yoga.com, such as product descriptions, specifications, pricing, availability, and performance. We do not guarantee the accuracy, the integrity, or the quality of the content on our sites, and you may not rely on any of this content. Without limitation, we are not responsible for postings by users in the user opinion, message board, or feedback sections of our sites.
You may be exposed to content that you find offensive, indecent, or objectionable or that is inaccurate, and you bear all risks associated with using that content. We have the right, but not the obligation, to remove any content that may, in our sole discretion, violate these Terms or that is otherwise objectionable.
Third-party sites, products, and Services
Our sites 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 our sites of any third-party content or a link to a third-party site is not an endorsement of that content or third-party site.
We do not sell, resell, or license any of the products or the services that we review, list, or advertise on our sites, and we disclaim any responsibility for or liability related to them. Your correspondence or related activities with third parties, including payment transactions and goods-delivery 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.
5. COMPLIANCE WITH INTELLECTUAL PROPERTY LAWS. When accessing the Site, App or using the Service, you agree to obey the law and to respect the intellectual property rights of others. Your use of the Service and the Site or App is at all times governed by and subject to laws regarding copyright ownership and use of intellectual property. You agree not to upload, download, display, perform, transmit, or otherwise distribute any information or content (collectively, “Content”) in violation of any third party’s copyrights, trademarks, or other intellectual property or proprietary rights. You agree to abide by laws regarding copyright ownership and use of intellectual property, and you shall be solely responsible for any violations of any relevant laws and for any infringements of third party rights caused by any Content you provide or transmit, or that is provided or transmitted using your User ID. The burden of proving that any Content does not violate any laws or third party rights rests solely with you.
Without limiting the foregoing, you agree that you will not use our sites to take any of the following actions:
Defame, abuse, harass, stalk, threaten, or otherwise violate the legal right of others.
Publish, post, upload, e-mail, distribute, or disseminate (collectively, “Transmit”) any inappropriate, profane, defamatory, infringing, obscene, indecent, or unlawful content.
Transmit files that contain viruses, corrupted files, or any other similar software or programs that may damage or adversely affect the operation of another person’s computer, our sites, any software or hardware, or telecommunications equipment.
Advertise or offer to sell any goods or services for any commercial purpose unless you have our written consent to do so.
Transmit surveys, contests, pyramid schemes, spam, unsolicited advertising or promotional materials, or chain letters.
Download any file that you know or reasonably should know cannot be legally obtained in such manner.
Falsify or delete any author attributions, legal or other proper notices or proprietary designations or labels of the origin or the source of software or other material.
Restrict or inhibit any other user from using and enjoying any public area within our sites.
Collect or store personal information about other end users.
Interfere with or disrupt our sites, servers, or networks.
Impersonate any person or entity, including, but not limited to, a Starter-yoga.com representative, or falsely state or otherwise misrepresent your affiliation with a person or entity
Forge headers or manipulate identifiers or other data in order to disguise the origin of any content transmitted through our sites or to manipulate your presence on our sites.
Take any action that imposes an unreasonably or disproportionately large load on our infrastructure.
Engage in any illegal activities.
7. RECURRING BILLING, AUTO-RENWAL SUBSCRIPTION, REFUND POLICY and CANCELLATION. By providing a credit card or other payment method accepted by Company (“Payment Method”) for your Starter-yoga.com subscription, you are expressly agreeing that we are authorized to charge you a monthly, quarterly or annual subscription fee, any other fees for additional services you may purchase, and any applicable taxes in connection with your use of the Site to the Payment Method. You are responsible for any costs you incur to access the Internet. You also agree that you are solely responsible to cancel your auto-renewal subscription on time (at least 24 hours prior to your next billing cycle) to avoid any future auto-recurring payments to your credit card.
As used in these Terms, “billing” shall indicate either a charge or debit, as applicable, against your Payment Method. The subscription fee will be billed at the beginning of your subscription or expiration of your free trial period, if any, whichever is earlier, and on each monthly, quarterly or annual renewal thereafter unless and until you cancel your subscription or the account or service is otherwise suspended or discontinued pursuant to these Terms.
We automatically bill your Payment Method each month, quarter or year on the calendar day corresponding to the commencement of your subscription (each such month, a “Monthly Period”, each such quarter a “Quarterly Period” and each such year, an “Annual Period”). In the event your subscription began on a day not contained in a given month, we bill your Payment Method on the last day of such month. Your subscription will continue in effect on a month-to-month, quarter-t0-quarter or year-to-year basis unless and until you cancel your subscription or the account or service is otherwise suspended or discontinued pursuant to these Terms. You must cancel your subscription at least 24 hours before it renews each Monthly Period, Quarterly Period or Annual Period in order to avoid the next billing. We will bill the monthly subscription fee. quarterly subscription fee or annual subscription fee plus any applicable taxes to the Payment Method you provide to us during registration (or to a different Payment Method if you change your account information). If you cancel your subscription, cancellation will be effective at the end of the current Monthly Period, Quarterly Period or Annual Period – this means that you will have continued access to the Site for the remainder of that period, but you will not receive a refund. You can cancel your subscription by logging into your Account, going to the Edit Account page and clicking “Cancel” in the Subscription Tab (and confirming the cancellation). All terms as set forth above also apply to recurring quarterly and annual memberships if not already stated.
No refunds or partial refunds will be issued to your account or credit card. By signing up and agreeing to the terms of the subscription with Starter-yoga.com you agree that it is your sole responsibility to cancel your auto-renewal subscription on time if you don’t want to incur future charges. If you forget to cancel your subscription or auto-renewal subscription you agree to take full responsibility for the associated costs and fees charged to your credit card.
Once again, to avoid future charges on your next billing cycle, you must cancel your auto-renewal subscription at least 24 hours before your next billing cycle is set to auto-renew. To cancel your subscription go into the Subscription tab on the Edit Account page under your Yoga Profile. Upon cancelling your subscription, you will continue to have access through your current billing period.
AppApple Store/iTunes related Billing, Auto Renewal and Refund Policy:
- Payments will be charged to iTunes Account at confirmation of purchase
- Subscription automatically renews unless auto-renew is turned off at least 24-hours before the end of the current period
- Account will be charged for renewal within 24-hours prior to the end of the current period, and identify the cost of the renewal
- Subscriptions may be managed by the user and auto-renewal may be turned off by going to the user’s Account Settings after purchase
- Any unused portion of a free trial period, if offered, will be forfeited when the user purchases a subscription to that publication, where applicable
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.
CANCELLATION AND REFUND POLICY
Cancellation and Refunds of Digital Subscriptions
You can change or cancel your digital subscription at any time by emailing Customer Care at firstname.lastname@example.org. Monthly Subscription. When you cancel a subscription based on a monthly cycle, you cancel only future charges associated with your subscription. You may notify us of your intent to cancel at any time and the account will be cancelled upon your next due billing date. You will not receive a refund for the current billing cycle. We reserve the right to issue refunds or credits at our sole discretion. If we issue a refund or credit, we are under no obligation to issue the same or similar refund in the future.
8. HEALTH WARRANTY. You agree and acknowledge that the physical activity related to yoga instructional classes naturally involves the risk of physical injury. Physical exercise associated with the instructional videos may involve the use of recommended equipment such as blocks and straps and you voluntarily assume and accept any risks associated with physical activity related to the Site or App. You agree that it is your responsibility to select the courses and exercises that are appropriate for someone with your level of skill and ability.
You understand that exercise may be a risk to my physical health and safety if not done properly. You further understand that it is STARTER-YOGA.COM’s recommendation that you consult a physician prior to using any equipment, engaging in any exercise, yoga program or activity, or undertaking any food or diet program, whether or not such program is recommended by STARTER-YOGA.COM. You understand that neither STARTER-YOGA.COM nor the advice of any STARTER-YOGA.COM personnel is a substitute for medical advice.
NO MEDICAL ADVICE
The contents of starter-yoga.com such as video, blogs, articles, text, graphics, images, information obtained from starter-yoga.com’s licensors, and other material contained on starter-yoga.com (“Content”) are for informational and entertainment purposes only. The Content is not intended to be a substitute for professional, medical, health, nutritional or fitness advice, diagnosis, therapy or treatment. Always seek the advice of your physician or other qualified health provider with any questions you may have prior to starting any new diet, exercise regimen or any question you may have regarding a medical condition. Never disregard professional medical advice or delay in seeking it because of something you have read, seen or heard on starter-yoga.com.
If you think you may have a medical emergency, call your doctor or 911 immediately. starter-yoga.com does not recommend or endorse any specific tests, physicians, products, procedures, opinions, or other information that may be mentioned on starter-yoga.com. Reliance on any information provided by starter-yoga.com, starter-yoga.com employees, others appearing on starter-yoga.com at the invitation of starter-yoga.com, or other visitors to starter-yoga.com is solely at your own risk.
starter-yoga.com may contain health or medical-related materials that are sexually explicit. If you find these materials offensive, you may not want to use starter-yoga.com.
9. COPYRIGHT INFRINGEMENT. Company has in place certain legally mandated procedures regarding allegations of copyright infringement occurring on the Site or with the Service. Company has adopted a policy that provides for the immediate suspension and/or termination of any Site, App or Service user who is found to have infringed on the rights of Company or of a third party, or otherwise violated any intellectual property laws or regulations. Company’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 Company to delete, edit, or disable the material in question, you must provide Company 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 Company to locate the material; (d) information reasonably sufficient to permit Company 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 Company’s designated agent at:
30 N Gould St Ste 6013
Sheridan, WY 82801
11. NO WARRANTIES. COMPANY HEREBY DISCLAIMS ALL WARRANTIES. COMPANY IS MAKING THE SITE OR APP AVAILABLE “AS IS” WITHOUT WARRANTY OF ANY KIND. YOU ASSUME THE RISK OF ANY AND ALL DAMAGE OR LOSS FROM USE OF, OR INABILITY TO USE, THE SITE OR THE SERVICE. TO THE MAXIMUM EXTENT PERMITTED BY LAW, COMPANY EXPRESSLY DISCLAIMS ANY AND ALL WARRANTIES, EXPRESS OR IMPLIED, REGARDING THE SITE OR APP, INCLUDING, BUT NOT LIMITED TO, ANY IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, OR NON-INFRINGEMENT. COMPANY DOES NOT WARRANT THAT THE SITE, APP OR THE SERVICE WILL MEET YOUR REQUIREMENTS OR THAT THE OPERATION OF THE SITE,APP OR THE SERVICE WILL BE UNINTERRUPTED OR ERROR-FREE.
NO WARRANTY: STARTER-YOGA.COM MAKES NO WARRANTIES, OF ANY KIND OR NATURE, WHETHER EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, WARRANTIES OF MERCHANT ABILITY OR FOR A PARTICULAR PURPOSE OR USE.
12. LIMITED LIABILITY. COMPANY’S LIABILITY TO YOU IS LIMITED. TO THE MAXIMUM EXTENT PERMITTED BY LAW, IN NO EVENT SHALL COMPANY BE LIABLE FOR DAMAGES OF ANY KIND (INCLUDING, BUT NOT LIMITED TO, SPECIAL, INCIDENTAL, OR CONSEQUENTIAL DAMAGES, LOST PROFITS, OR LOST DATA, REGARDLESS OF THE FORESEEABILITY OF THOSE DAMAGES) ARISING OUT OF OR IN CONNECTION WITH YOUR USE OF THE SITE, APP, SERVICE OR ANY OTHER MATERIALS OR SERVICES PROVIDED TO YOU BY COMPANY. This limitation shall apply regardless of whether the damages arise out of breach of contract, tort, or any other legal theory or form of action.
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 any harm resulting from downloading or accessing any information or material on the Internet using search results from our sites. 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 our sites, 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 OUR SITES WILL BE UNINTERRUPTED OR ERROR FREE. IN ADDITION, WE DO NOT MAKE ANY WARRANTY AS TO THE CONTENT ON OUR SITES. OUR SITES AND THEIR CONTENT ARE DISTRIBUTED ON AN “AS IS, AS AVAILABLE” BASIS. ANY MATERIAL THAT YOU DOWNLOAD OR OTHERWISE OBTAIN THROUGH OUR SITES 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) OUR SITES WILL MEET YOUR REQUIREMENTS, (ii) OUR SITES WILL BE UNINTERRUPTED, TIMELY, SECURE, OR ERROR FREE, (iii) THE RESULTS THAT MAY BE OBTAINED FROM THE USE OF OUR SITES WILL BE ACCURATE OR RELIABLE, (iv) THE QUALITY OF ANY PRODUCTS, SERVICES, INFORMATION, OR OTHER MATERIAL THAT YOU PURCHASE OR OBTAIN THROUGH OUR SITES 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 FOR A PARTICULAR PURPOSE, WITH RESPECT TO OUR SITES, 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 OUR SITES AND THE ACCURACY OR COMPLETENESS OF ITS CONTENT.
NEITHER WE NOR OUR PARTNERS SHALL BE LIABLE FOR ANY DIRECT, INDIRECT, INCIDENTAL, SPECIAL, OR CONSEQUENTIAL DAMAGES ARISING OUT OF THE USE OF OR INABILITY TO USE OUR SITES, 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.
starter-yoga.com does not represent or warrant the truthfulness, accuracy or reliability of any material posted by others on or through the website, nor does starter-yoga.com endorse any opinions expressed by participants in forums or users of the website. Visitors, users, and participants alike acknowledge that any reliance on material posted by others will be at their own risk. Any content placed on any discussion area are the views of the user posting the statement, and do not represent the views of starter-yoga.com.
14. PROHIBITED USES. Company imposes certain restrictions on your permissible use of the Site, App and the Service. You are prohibited from violating or attempting to violate any security features of the Site, App or Service, including, without limitation, (a) accessing content or data not intended for you, or logging onto a server or account that you are not authorized to access; (b) attempting to probe, scan, or test the vulnerability of the Service, the Site or App, or any associated system or network, or to breach security or authentication measures without proper authorization; (c) interfering or attempting to interfere with service to any user, host, or network, including, without limitation, by means of submitting a virus to the Site or Service, overloading, “flooding,” “spamming,” “mail bombing,” or “crashing;” (d) using the Site, App or Service to send unsolicited e-mail, including, without limitation, promotions, or advertisements for products or services; (e) forging any TCP/IP packet header or any part of the header information in any e-mail or in any posting using the Service; or (f) attempting to modify, reverse-engineer, decompile, disassemble, or otherwise reduce or attempt to reduce to a human-perceivable form any of the source code used by Company in providing the Site, App or Service. Any violation of system or network security may subject you to civil and/or criminal liability.
16. COPYRIGHT. All contents of Site or Service are: Copyright ©.
Any dispute, claim or controversy arising out of or relating to this Agreement or the breach, termination, enforcement, interpretation or validity thereof, including the determination of the scope or applicability of this agreement to arbitrate, shall be determined by confidential arbitration in Sheridan , Wyoming, before one (1) arbitrator. The arbitration shall be initiated and conducted according to either the JAMS Streamlined (for claims under $250,000) or the JAMS Comprehensive (for claims over $250,000) Arbitration Rules and Procedures at the Sheridan , Wyoming office of JAMS including the Optional Appeals Procedure. The arbitrator shall be a disinterested attorney or retired judge experienced in entertainment matters. The prevailing party shall be awarded costs and reasonable attorneys fees associated with the arbitration.
The arbitration will be conducted in private, and will not be open to the public or the media. No matter relating to the arbitration, including, without limitation, the nature of the dispute, testimony, evidence or result may be made public, reported to any news agency or publisher or disclosed to a party not involved in the arbitration. Since a public hearing or arbitration arising hereunder might cause disclosure of confidential information contrary to the intent of the parties, the parties hereby stipulate that, in the event there is litigation or arbitration arising out of this Agreement, all Proprietary Information or other confidential information, including the terms and conditions of this Agreement, shall be filed under seal and the court or the arbitrator(s) may issue a protective order restricting the disclosure and limiting the use of such information to any such proceedings
19. NO LICENSE. Nothing contained on the Site or App should be understood as granting you a license to use any of the trademarks, service marks, or logos owned by Company or by any third party.
20. WYOMING USE ONLY. The Site and App is controlled and operated by Company from its offices in the State of California. Company makes no representation that any of the materials or the services to which you have been given access are available or appropriate for use in other locations. Your use of or access to the Site and App should not be construed as Company’s purposefully availing itself of the benefits or privilege of doing business in any state or jurisdiction other than California.
21. EXPORT CONTROLS. Software and the transmission of applicable technical data, if any, in connection with the Company are subject to export controls. You agree to comply with all applicable laws regarding software and the transmission of technical data exported from the United States or the country in which you reside.
22. STANDARD CONTEST RULES
The following are the official rules for most contests/sweepstakes/giveaways on starter-yoga.com, if any, unless otherwise noted. Each sweepstakes may contain additional rules than those described below.
NO PURCHASE NECESSARY. PURCHASE WILL NOT IMPROVE CHANCES OF WINNING.
All winners must be 18 years of age or older, unless otherwise stated and/or posted.
Winners of random email, Instagram, Twitter, Facbook or other contests will be chosen at random from emails, tweets, or other requested responses received. Entrants must send entries using the correct contest entry email address, subject line, and/or any other specific entry information and mode requested in the contest announcement. starter-yoga.com is not responsible for and will not consider incomplete or incorrect entries, or emails, tweets, or other modes of requested responses sent but not received by starter-yoga.com for any reason, as potential contest winners. Winners of all contests will be contacted at the “sender” email address used to enter the contest, and the person receiving and replying to the winner announcement email or notification will be considered the winner. Only one entry per email address or twitter handle used to send the email, tweet, or other mode of requested response will be considered for contest entry, unless multiple entries are specifically allowed in the contest posting. Unless otherwise specified in an individual contest post, no person may enter any contest more than once using multiple email addresses or twitter handles.
By participating in any contest or sweepstakes offered on the website, you release starter-yoga.com, the sponsor of the contest/sweepstakes/giveaway and their subsidiaries, affiliates, partners, employees, directors, agents, advertising agencies, and all other associated with the development and execution of any contest or sweepstakes, from any and against any and all injury, loss, or damage caused or claimed to be caused by your participation in the contest or sweepstakes and/or the acceptance, awarding, receipt, use and/or misuse of the prize, and you agree that these entities are in no matter responsible for any warranty, representation, or guarantee, expressed or implied, in fact or in law, relating to the promotion and/or the awarding of any prize. You hereby agree to hold starter-yoga.com and its affiliates, subsidiaries, licensees sponsors and assigns harmless from and against, and hereby waive any right to pursue, any claims of any nature arising in connection with the inclusion in, publication via or display on starter-yoga.com, or any other use authorized under these Terms, of any photo or information submitted to the website by you.
Winners may not request substitutions of prize winnings. All winners are solely responsible for any and all taxes and/or fees, and all such additional costs that may be incurred. If the specified prize becomes unavailable due to unforeseen circumstances, starter-yoga.com may substitute a prize of like or equal value. starter-yoga.com reserves the right to alter any rules of any contest at anytime.
starter-yoga.com may launch contests requiring entrants to send in photo, text or other content for display on the website which will be judged entirely at the sole discretion of starter-yoga.com. By submitting any photo or information to starter-yoga.com, you hereby grant to starter-yoga.com and its affiliates, subsidiaries, licensees and assigns, an irrevocable, perpetual and royalty-free right to use, reproduce, edit, display, transmit, prepare derivative works of, modify, publish and otherwise make use of the submitted photo or other information in any and all media, whether now known or hereinafter created, throughout the world and for any purpose. In addition, the rights granted to starter-yoga.com includes but is not limited to the right to resize, crop, censor, compress, edit, feature, caption, affix logos to, and to otherwise alter or make use of the submitted photo.
By submitting any photo or information to starter-yoga.com, you hereby represent and warrant that the submitted photo or information does not and shall not infringe on any copyright, any rights of privacy or publicity of any person, or any other right of any third party, and you have the right to grant any and all rights and licenses granted to starter-yoga.com herein, including but not limited to all necessary rights under copyright, free and clear of any claims or encumbrances. You acknowledge and agree that starter-yoga.com shall have no obligation to post, display or otherwise make publicly available any photo or information submitted by you, and may, in its sole and unfettered discretion, remove, edit, modify or delete any photo or information that you submit to the website.
You understand and intend that any photo or information submitted by you to starter-yoga.com may be available for viewing, rating, review and comment on by the public, and understand that comments or ratings with which you disagree or are unhappy about may be published or otherwise become associated with any photo or information you submit to the website. By submitting any photo or information to starter-yoga.com, you hereby waive any privacy expectations that you may have with respect to any such photo or information submitted by you to the website. Photos or information submitted by you to the website shall be the property of starter-yoga.com, and starter-yoga.com shall have no obligation to preserve, return or otherwise make available to you or others any photos or information so submitted.
SPONSOR’S AUTHORITY: Sponsor’s decision is final with respect to all matters relating to awarding of the Promotional Prize and shall not be subject to review or appeal by any entrant or by any third party.
COMMUNICATIONS: Your participation in The Giveaway is considered your agreement that Sponsor may contact you. By submitting and entering your email address, you are agreeing to receive email newsletters from Sponsor. By submitting your entry or contacting us through Facebook, Instagram, Twitter or any other social media platform in relation to The Giveaway or by commenting on a post related to The Giveaway, you are agreeing to receive messages from Sponsor through these social media platforms. You can unsubscribe at any time. If you unsubscribe prior to the Prize winner being selected, you accept that you may no longer be eligible to win the Prize.
Any information entrants provide to Sponsor may be used to communicate with entrant in relation to any Sweepstakes or on a winner’s list. In the event of a dispute over the identity of an online entrant, entry may be deemed submitted by the registered account holder of the e-mail address associated with the entry for the domain associated with the submitted address provided that person is eligible. Winner may be required to show proof of being the registered account holder. Registered account holder is defined as the person assigned to an e-mail address by an Internet access provider, on-line service provider or other organization responsible for assigning e-mail addresses. In the event a dispute regarding the identity of the individual who actually submitted an entry cannot be resolved to Sponsor’s satisfaction, the affected entry may be deemed ineligible. The Sweepstakes Entities are not responsible for electronic communications that are undeliverable as a result of any form of active or passive filtering of any kind, or insufficient space in entrant’s e-mail account to receive e-mail messages.
RELEASE: By entering The Giveaway each entrant agrees to release, discharge and hold harmless the Sponsor, its legal representatives, affiliates, subsidiaries, agencies and their respective officers, directors, employees and agents from any damages whatsoever suffered or sustained in connection The Giveaway or the acceptance of the Prize.
EXCEPT WHERE PROHIBITED BY LAW, AS A CONDITION OF PARTICIPATING IN THIS PROMOTION, ENTRANT AGREES THAT (1) ANY AND ALL DISPUTES AND CAUSES OF ACTION ARISING OUT OF OR CONNECTED WITH THIS PROMOTION, OR ANY PRIZES AWARDED, SHALL BE RESOLVED INDIVIDUALLY, WITHOUT RESORT TO ANY FORM OF CLASS ACTION.
LIABILITY: No liability or responsibility is assumed by Sponsor or Promotion Parties resulting from participant’s participation in or attempt to participate in the Promotion or ability or inability to upload or download any information in connection with the Promotion. No responsibility or liability is assumed by the Sponsor or Promotion Parties for technical problems or technical malfunction arising in connection with any of the following occurrences which may affect the operation of the Promotion: Hardware or software errors; faulty computer, telephone, cable, satellite, network, electronic, wireless or Internet connectivity or other online or network communication problems; errors or limitations of any Internet providers, servers, hosts or other providers; garbled, jumbled or faulty data transmissions; failure of any online transmissions to be sent or received; lost, late, delayed or intercepted transmissions; inaccessibility of the Web Site in whole or in part for any reason; traffic congestion on the Internet or Web Site; unauthorized human or non-human intervention of the operation of the Promotion, including without limitation, unauthorized tampering, hacking, theft, virus, bugs, or worms; or destruction of any aspect of the Promotion, or loss, miscount, misdirection, inaccessibility or unavailability of the Web Site used in connection with the Promotion. Sponsor and Promotion Parties are not responsible for any typographical errors in the announcement of Prizes or these terms or any inaccurate or incorrect data contained on the Web Site. Use of Web Site is at your own risk. Sponsor and Promotion Parties are not responsible for any personal injury or property damage or losses of any kind which may be sustained to participants or any other person’s computer equipment resulting from participation in the Promotion.
By participating in a Sweepstakes, entrants agree to release, discharge and hold harmless the Sweepstakes Entities from and against any and all claims, liability, costs, losses, damages or injuries of any kind arising out of or related to entrants’ participation in a Sweepstakes and/or related to any Prize (including, without limitation, losses, damages or injuries to entrant’s or any other person’s equipment or other property, or to their persons, related to participation in a Sweepstakes; or arising out of any violation of rights of publicity or privacy, or claims of defamation or portrayal in a false light; or based on any claim of infringement of intellectual property; or from any typographical, human or other error in the printing, offering, selection, operation or announcement of any Sweepstakes activity and/or Prize). Without limiting the generality of the foregoing, entrants agree that Sweepstakes Entities: (A) have neither made nor will be in any manner responsible or liable for any warranty, representation or guarantee, express or implied, in fact or in law, in connection with any Sweepstakes and/or with respect to Prizes, including, without limitation, to any Prize’s quality or fitness for a particular purpose; (B) maintain no control over the personnel, equipment or operation of any air, water or surface carrier, ship line, bus or limousine company, transportation company, hotel, manufacturer or other person or entity furnishing services, products or accommodations (“Suppliers”) as a part of the Prizes provided in connection with any Sweepstakes; and (C) will not be responsible or liable for any injury, damage, loss, expense, accident, delay, inconvenience or other irregularity that may be caused or contributed to: (1) by the wrongful, negligent or unauthorized act or omission on the part of the Suppliers or any of their agents, servants, employees or independent contractors, (2) by any defect in or failure of any vehicle, equipment, instrumentality, service or product that is owned, operated, furnished or otherwise used by any of those Suppliers, (3) by the wrongful, negligent or unauthorized act or omission on the part of any other person or entity not an employee of the Sweepstakes Entities, and (4) by any cause, condition or event whatsoever beyond the control of the Sweepstakes Entities. Entrants agree that the Sweepstakes Entities shall have no responsibility or liability for discontinued Prizes; human error; incorrect or inaccurate transcription of registration and/or account information; any technical malfunctions of the telephone network, computer online system, computer dating mechanism, computer equipment, software, or Internet service provider utilized by Sponsor; interruption or inability to access the Website, or Sponsor or affiliated entities’ respective websites, or any online service via the Internet due to hardware or software compatibility problems; any damage to entrant’s (or any third person’s) computer and/or its contents related to or resulting from any part of a Sweepstakes; any lost/delayed data transmissions, omissions, interruptions, viruses, bugs, defects; and/or any other errors or malfunctions, even if caused by the negligence of the Sweepstakes Entities. Each entrant further agrees to indemnify and hold harmless Sweepstakes Entities from and against any and all liability resulting or arising from any Sweepstakes and to release all rights to bring any claim, action or proceeding against Sweepstakes Entities and hereby acknowledge that Sweepstakes Entities have neither made nor are in any manner responsible or liable for any warranty, representation or guarantee, express or implied, in fact or in law, relative to a Prize, including express warranties provided exclusively by a Supplier that may be sent along with a Prize. Sponsor is not responsible for the actions of entrants in connection with any Sweepstakes, including entrants’ attempts to circumvent the Official Rules or otherwise interfere with the administration, security, fairness, integrity or proper conduct of a Sweepstakes. Entrants further understand and agree that all rights under Section 1542 of the Civil Code of California (“Section 1542”) and any similar law of any state or territory of the United States that may be applicable with respect to the foregoing release are hereby expressly and forever waived. Entrants acknowledge that Section 1542 provides that: “A GENERAL RELEASE DOES NOT EXTEND TO CLAIMS WHICH THE CREDITOR DOES NOT KNOW OR SUSPECT TO EXIST IN HIS/HER FAVOR AT THE TIME OF EXECUTING THE RELEASE, WHICH, IF KNOWN BY HIM OR HER MUST HAVE MATERIALLY AFFECTED HIS/HER SETTLEMENT WITH THE DEBTOR.” The releases hereunder are intended to apply to all claims not known or suspected to exist with the intent of waiving the effect of laws requiring the intent to release future unknown claims.
Except with respect to the protection and enforcement of the intellectual property rights of the Sweepstakes Entities and their rights to seek and/or obtain injunctive or equitable relief, any claim, cause of action or proceeding arising out of or relating to the the Official Rules or any Sweepstakes shall be resolved by mandatory, binding arbitration in accordance with the Commercial Arbitration Rules of the American Arbitration Association (“AAA”) as supplemented by AAA’s Supplementary Procedures for Consumer-Related Disputes. The arbitration shall be conducted in Sheridan, Wyoming, and the Federal Arbitration Act, and not any state law concerning arbitration, shall apply. The arbitration award shall be final and exclusive, and the prevailing party in the arbitration may file an action in court to confirm and to enforce the arbitration award. Any such action, or any claim, cause of action or proceeding not subject to arbitration as set forth in this Section, shall be filed and adjudicated in a state or federal court in Sheridan, Wyoming, and all parties agree to submit to the personal jurisdiction of those courts. Entrants irrevocably waive any rights to seek and/or obtain injunctive or other equitable relief and any defense of forum non conveniens. Should either party pursue any other judicial or administrative action with respect to any matter included within the scope of this binding arbitration provision, the responding party will be entitled to recover its costs, expenses and attorneys’ fees incurred as a result of such action. Further, any and all disputes, claims and causes of action arising out of or connected with a Sweepstakes, or any Prize awarded, will be resolved individually, without resort to any form of class action.