Terms and Conditions of Use
Last updated - 21st July, 2016
(See also our legal disclaimer)
Thank you for visiting Yoga Technology, LLC. (YOGATECH). The YOGATECH website - www.yogatech.com - has been made available to you subject to your compliance with the terms and conditions set forth below (the "Conditions of Use"). Please read this document carefully before accessing or using the YOGATECH website.
By accessing or using this website, you are agreeing to be bound by the Conditions of Use.
If you do not wish to be bound by the Conditions of Use, you may not access or use the website.
YOGATECH reserves the right to change the terms, conditions, and notices at any time, and such modifications shall be effective immediately upon posting of such changes. You are therefore responsible for regularly reviewing these Conditions of Use and additional terms or notices posted on the YOGATECH website. Your continued access of this website shall be deemed your conclusive acceptance of the modified agreement.
When you visit YOGATECH or send e-mails to us, you are communicating with us electronically, and thereby you are consenting to receive communications from us electronically or by other means available. We will communicate with you electronically, by mail, by telephone or by facsimile. It is further understood that all agreements, notices, disclosures and other communications that we provide to you electronically satisfy any legal requirement that such communication be in writing.
The entire contents of this website, including but not limited to: text, graphics, logos, button icons, movies, images, audio clips, digital downloads, data compilations, and software, are the property of YOGATECH, its content suppliers or its clients and are protected by Domestic and International copyright and trademark laws. You may not modify, copy, reproduce, republish, upload, post, transmit, or distribute any portion of the website contents without the prior express written consent of YOGATECH.
You may print or download portions of the materials from various areas of this website solely for your own non-commercial use provided that you agree not to change or delete any copyright or proprietary notices from the materials.
In particular, video files are provided for viewing only on your own personal computer system, either by yourself or by invited guests in your presence. Public viewing or performance without prior written permission from the copyright holders is strictly prohibited. They must not be ripped or otherwise copied, reprocessed or stored for future use, either on your own system or elsewhere. They must not be resold, hired, lent, or otherwise passed on to any third party.
Only one subscription is available for each registered user. Any special trial period that may be offered is only available in conjunction with the initial subscription. During this trial period, we may impose limits on the number of videos which may be viewed. If the subscription expires and is subsequently renewed, then no further trial period may be available, and in this case subscriptions will only be renewed on receipt of the appropriate monthly or annual payment.
Your password and other log-in details for www.yogatech.com are provided strictly for your personal use. We monitor all website activity and check for unusual patterns of use.
Any user found to be in breach of these conditions is liable, at the sole discretion of YOGATECH, to have their account suspended temporarily or indefinitely, and without compensation.
If you believe any content appearing on our website constitutes a copyright infringement of another party's rights, please contact us immediately at email@example.com to notify us of this infringement.
Your submissions of files including, but not limited to: reviews, e-mail, movies, images, logos, audio loops, and other software hereby constitutes your agreement to grant YOGATECH a non-exclusive, royalty-free, worldwide, sub-licensable, perpetual license, to reproduce, distribute, transmit, modify, adapt, sub-license, and publicly display any such submissions. You also grant YOGATECH the right to utilize your name in connection with all advertising, marketing and promotional materials related thereto.
Additionally, comments sent to YOGATECH, unless such action is explicitly forbidden by the sender, may be used, at our sole discretion, to assist with the promotion of our business, in the form of testimonials or other endorsements. We may attach a first name and/or initials and city and/or country to such comments, but will not further identify the source without first obtaining their written permission.
YOGATECH grants you limited license to access and make personal use of this website and not to download (other than for page caching purposes) or modify it, or any portion of it, except with the express written consent of YOGATECH. Neither this website nor any portion of this website may be reproduced, duplicated, adapted, copied, sold, resold, transmitted or otherwise exploited for any commercial purpose without the express written consent of YOGATECH.
You may not embed, neither may you frame, or use any framing techniques, to enclose any trademark, logo, or other proprietary information (including images, text, movie, page layout, or form) of YOGATECH without the express written consent of YOGATECH.
You may not use META tags or any other "hidden text" which utilize Yoga Technology, yogatech.com, YOGATECH, or any other derivative of our domain or company name without the express written consent of YOGATECH.
You are hereby granted a limited, revocable, and nonexclusive right to create hyperlinks to any of the public pages of YOGATECH, so long as the link does not portray any false, misleading, derogatory, or otherwise offensive matter.
THIS WEBSITE AND RELATED INFORMATION IS PROVIDED BY YOGATECH, ON AN "AS IS" AND "AS AVAILABLE" BASIS. YOGATECH MAKES NO EXPRESS OR IMPLIED WARRANTIES, REPRESENTATIONS OR ENDORSEMENTS OF ANY KIND, OR AS TO THE OPERATION OF THIS WEBSITE OR THE INFORMATION, CONTENT, MATERIALS, OR PRODUCTS INCLUDED ON THIS WEBSITE. YOU EXPRESSLY AGREE THAT YOUR USE OF THIS WEBSITE IS AT YOUR SOLE RISK.
TO THE FULL EXTENT PERMISSIBLE BY APPLICABLE LAW, YOGATECH DISCLAIMS ALL WARRANTIES, EXPRESS OR IMPLIED, INCLUDING WITHOUT LIMITATION, IMPLIED WARRANTIES OF MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE. YOGATECH DOES NOT WARRANT THAT THIS WEBSITE, ITS SERVERS, OR E-MAIL SENT FROM YOGATECH ARE FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS. YOGATECH WILL NOT BE LIABLE FOR ANY DAMAGES OF ANY KIND ARISING FROM THE USE OF THIS SITE, INCLUDING, BUT NOT LIMITED TO DIRECT, INDIRECT, INCIDENTAL, PUNITIVE, AND CONSEQUENTIAL DAMAGES.
YOGATECH USES REASONABLE EFFORTS TO INCLUDE ACCURATE AND UP-TO-DATE INFORMATION ON THIS WEBSITE. YOGATECH ASSUMES NO LIABILITY OR RESPONSIBILITY FOR ANY TYPOGRAPHICAL OR OTHER ERRORS OR OMISSIONS IN THE CONTENT OF THIS SITE. IN THE EVENT THAT A PRODUCT IS LISTED AT AN INCORRECT PRICE OR WITH OTHER INCORRECT INFORMATION, YOGATECH SHALL HAVE THE RIGHT TO REFUSE OR CANCEL ANY ORDERS PLACED FOR THE PRODUCT LISTED INCORRECTLY. IF A PRODUCT OFFERED BY YOGATECH IS NOT AS DESCRIBED, YOUR SOLE REMEDY IS TO RETURN IT TO YOGATECH FOR A REFUND. ANY POSTAGE CHARGES INCURRED IN SO DOING MAY BE REIMBURSED AT YOGATECH’S SOLE DISCRETION.
CERTAIN STATE LAWS DO NOT ALLOW LIMITATIONS ON IMPLIED WARRANTIES OR THE EXCLUSION OR LIMITATION OF CERTAIN DAMAGES. IF THESE LAWS APPLY TO YOU, SOME OR ALL OF THE ABOVE DISCLAIMERS, EXCLUSIONS, OR LIMITATIONS MAY NOT APPLY TO YOU, AND YOU MAY HAVE ADDITIONAL RIGHTS.
Linked websites are not under the control of YOGATECH and YOGATECH is not responsible for the contents of any linked site or any link contained in a linked site. YOGATECH provides links to you only as a convenience, and the inclusion of any link does not imply or constitute an endorsement by YOGATECH of the site or any of its content.
By visiting the YOGATECH website, you agree that the laws of the state of Pennsylvania, without regard to principles of conflict of laws, will govern these Conditions of Use and any dispute of any sort that might arise between you and YOGATECH.
Any dispute relating in any way to your visit or access of the YOGATECH website or to the products or services you purchase through the YOGATECH website shall be submitted to binding arbitration in Northumberland County, Pennsylvania, except that, to the extent you have in any manner violated or threatened to violate YOGATECH intellectual property rights, YOGATECH may seek injunctive or other appropriate relief in any state or federal court in the state of Pennsylvania or elsewhere, and you consent to exclusive jurisdiction and venue in such courts. Arbitration under these Conditions of Use shall be conducted under the rules then prevailing of the American Arbitration Association. The arbitrator's award shall be binding and may be entered as a judgment in any court of competent jurisdiction. To the fullest extent permitted by applicable law, no arbitration under these Conditions of Use shall be joined to an arbitration involving any other party subject to these Conditions of Use, whether through class arbitration proceedings or otherwise.
You agree to indemnify, defend and hold harmless YOGATECH, its officers, directors, owners, partners, employees, agents, licensors, suppliers and any third party information provider to the website from and against all losses, expenses, damages and costs, including attorney's fees, resulting from any violation of these Conditions of Use (including negligent or wrongful conduct) by you or your use and access of the YOGATECH website.
Given the global nature of the Internet, you agree to comply with all local rules including, without limitation, rules about the Internet, data, e-mail, privacy, copyright, and trademark infringement. Additionally, you agree to comply with all applicable laws regarding the transmission of technical data exported from the United States or the country in which you reside.
YOGATECH's failure to insist upon or enforce strict performance of any provision of these Conditions of Use shall not be construed as a waiver of any provision or right. Neither the course of conduct between the parties nor trade practice shall act to modify any provision of these Conditions of Use. YOGATECH may assign its rights and duties under these Conditions of Use to any party at any time without notice to you. If any of these conditions shall be deemed invalid, void, or for any reason unenforceable, that condition shall be deemed severable and shall not affect the validity or enforceability of any remaining condition. Any rights not expressly granted herein are reserved.
Please send notices by e-mail to: firstname.lastname@example.org
or to our Mailing Address: Yoga Technology LLC, Legal Department, PO Box 443, Sunbury , PA 17801