You understand that exercise may be a risk to my physical health
and safety if not done properly. You further understand that it is
DO YOGA WITH ME'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 DO YOGA WITH ME. You understand that
neither DO YOGA WITH ME nor the advice of any DO YOGA WITH ME
personnel is a substitute for medical advice.
By using this Internet Web site and any affiliate Internet
sites, you agree to hold DO YOGA WITH ME, its agents, assigns,
subsidiaries, subtenants, employees, licensees, and officers
("related entities") harmless for any action, suit, claim, loss,
injury, or damage, arising from your recklessness, negligence,
misuse of gym equipment, improper execution of generally acceptable
exercise or yoga techniques, or for any damage or injury that
occurs pursuant to any information received on the Internet, or by
any other means now known or later developed. You acknowledge that
you have had the prior opportunity to, and have, consulted a
physician before entering into this agreement. You hereby agree to
hold DO YOGA WITH ME, together with all its related entities,
harmless for any action, suit, claim, loss, injury, or damage
arising from any and all injuries sustained arising out of your
subscription.
NO WARRANTY: DO YOGA WITH ME 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.
Your use of our Internet sites or any of the products or
services offered on those sites (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
our sites. Your use of our sites constitutes your binding
acceptance of these Terms, including any modifications that we
make.
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.
Content on our sites
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 Do Yoga With Me, 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.
Do Yoga With Me's 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.
Privacy policy
All of the information that we collect from you, such as
registration and credit card information, is subject to our privacy
policy. Please click here to see our full
privacy policy.
Your Conduct On Our Sites
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.
The technology and the software underlying our sites and the
Services is the property of Do Yoga With Me, 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 our sites or the Services. You agree not to
modify the software underlying our sites in any manner or form or
to use modified versions of such software, including (without
limitation) for the purpose of obtaining unauthorized access to our
sites.
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 Do Yoga With Me 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.
You agree to use our bulletin board services, chat areas, news
groups, forums, communities and/or message or communication
facilities (collectively, the "Forums") only to send and receive
messages and material that are proper and related to that
particular Forum.
If you choose a username that, in our sole discretion, is
obscene, indecent, abusive or that might otherwise subject us to
public disparagement or scorn, we reserve the right, without prior
notice to you, to automatically change your username, delete your
posts from our sites, deny you access to our sites, or any
combination of these options.
Unauthorized access to our sites is a breach of these Terms and
a violation of the law. You agree not to access our sites by any
means other than through the interface that is provided by Do Yoga
With Me for use in accessing our sites. You agree not to use any
automated means, including, without limitation, agents, robots,
scripts, or spiders, to access, monitor, or copy any part of our
sites, except those automated means that we have approved in
advance and in writing.
Use of our sites 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 our sites.
Indemnification
You hereby agree to indemnify, defend and hold Do Yoga With Me
and all of our officers, directors, owners, employees, agents,
information providers, affiliates, partners, and licensors
(collectively, the "Do Yoga With Me Parties") harmless from and
against any and all liability, losses, costs, and expenses
(including attorneys' fees) incurred by any Do Yoga With Me 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:
Your use of our sites;
Any use or alleged use of your accounts or your passwords by any
person, whether or not authorized by you;
The content, the quality, or the performance of content that you
submit to our sites;
Your connection to our sites;
Your violation of these Terms; or
Your violation of the rights of any other person or entity.
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.
Disclaimers
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.
Arbitration
Do Yoga With Me may elect to resolve any controversy or claim
arising out of or relating to these Terms or our sites by binding
arbitration. 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 Vancouver, Canada, 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
Vancouver, Canada, necessary to protect the rights or the property
of you or Do Yoga With Me or its agents, suppliers, and
subcontractors), pending the completion of arbitration.
Miscellaneous
We may be required by provincial 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 our sites or
delivering them to you through e-mail. You may update your e-mail
address by visiting the Services where you have provided contact
information. 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
our sites 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 Do Yoga With Me and govern your
use of our sites, superceding any prior agreements that you may
have with us.
These Terms shall be construed in accordance with the laws of
the Province of British Columbia, 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
Vancouver, Canada 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 superceded 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.