Terms and Conditions of Use
Last updated - 7th July, 2018
(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 or its services, 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 for any purpose.
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 (streaming and downloadable), images, audio clips, digital product downloads including eBooks, MP3s, data compilations, and software, are the property of YOGATECH and its content providers, 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 personal and non-commercial use, provided that you do not modify the copy, and 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. Files 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 video 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. As an alternative, YOGATECH may, at its sole discretion and as advertised at that time, offer one-off payment by credit card for a specific range of viewing periods.
You agree to pay for our products and services at rates as listed on this Website.
You agree to provide us with accurate information.
You agree to keep any e-Book in the form in which it was supplied to you, whether by direct purchase or by gift from another registered purchaser. We may include other information (including information identifying the author, the copyright owner, or the terms upon which the e-Book is supplied) to any e-Book supplied to you. You promise not to circumvent any measures that we have taken to protect the rights in the e-Book that we have supplied, including removing this information or otherwise facilitating an infringement of copyright.
Downloadable materials, including eBooks, MP3 files and video files, are supplied on a non-returnable, non-refundable and non-exchangeable basis. All sales of these items are final.
You agree not to compromise the integrity of YOGATECH software or systems. That is, you promise not to use any device, software or routine to interfere or attempt to interfere with the proper working of this (www.yogatech.com) Website or any of the software that we supply to you for the purposes of providing you with an e-Book or other service.
You agree not to take action of any kind against YOGATECH in the event of our termination of this agreement, non-supply, or unfitness for purpose.
Your password and other log-in details for www.yogatech.com are provided strictly for your personal use. YOGATECH monitors all website activity and constantly checks 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 the YOGATECH website constitutes a copyright infringement of another party's rights, please contact us immediately at firstname.lastname@example.org to notify us of this possible 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 files specifically purchased by you from YOGATECH for use on your own computer), 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 prior 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, WWW.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 non-exclusive right to create hyperlinks to any of the public pages of YOGATECH, so long as the link does not portray or contain any false, misleading, derogatory, or otherwise offensive matter.
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, or content of its links to other external locations.
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 unresolved 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 from your use of and access to 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.
YOUR USE OF THE YOGATECH WEBSITE IS AT YOUR SOLE RISK. THE SITE, INCLUDING ALL INFORMATION, SERVICES AND CONTENT IS PROVIDED ON AN "AS IS" "AS AVAILABLE" AND "WITH ALL FAULTS" BASIS. YOGATECH DISCLAIMS ALL EXPRESS OR IMPLIED CONDITIONS, REPRESENTATIONS, AND WARRANTIES OF ANY KIND, INCLUDING ANY IMPLIED WARRANTY OR CONDITION OF MERCHANTABILITY, SATISFACTORY QUALITY, FITNESS FOR A PARTICULAR PURPOSE, OR NON INFRINGEMENT. FURTHERMORE, YOGATECH MAKES NO REPRESENTATIONS, WARRANTIES, CONDITIONS OR GUARANTEES AS TO THE USEFULNESS, QUALITY, SUITABILITY, TRUTH, ACCURACY OR COMPLETENESS OF THE WEBSITE.
THE INFORMATION, PRODUCTS (BOTH PHYSICAL AND DIGITAL), AND EXERCISES PROVIDED WITHIN THIS WEB SITE ARE TO BE USED AT YOUR OWN DISCRETION AND UNDER PROFESSIONAL GUIDANCE. THEY ARE NOT OFFERED AS A REPLACEMENT OR SUBSTITUTE FOR PROFESSIONAL MEDICAL ADVICE OR TREATMENT. NOT ALL EXERCISES ARE SUITABLE FOR EVERYONE, AND MAKING USE OF THIS OR ANY OTHER EXERCISE PROGRAM MAY RESULT IN INJURY. IF YOU BELIEVE THAT YOU MAY SUFFER FROM A PHYSICAL OR EMOTIONAL IMPAIRMENT, WE STRONGLY RECOMMEND THAT YOU SEEK ADVICE FROM A LICENSED HEALTH CARE PROFESSIONAL BEFORE EMBARKING ON THIS OR ANY OTHER EXERCISE PROGRAM.
YOGATECH MAKES NO WARRANTY OR REPRESENTATION THAT: (a) THE SITE WILL BE UNINTERRUPTED, TIMELY, SECURE, OR ERROR-FREE; (b) THE RESULTS THAT MAY BE OBTAINED FROM THE USE OF THE SITE WILL BE ACCURATE OR RELIABLE; (c) THE QUALITY OF ANY CONTENT, INFORMATION, OR OTHER MATERIAL OBTAINED FROM THE SITE WILL MEET YOUR EXPECTATIONS OR REQUIREMENTS; OR (d) ANY ERRORS IN THE SITE WILL BE CORRECTED. NO ADVICE OR INFORMATION, WHETHER WRITTEN OR ORAL, OBTAINED BY YOU FROM YOGATECH, WHETHER OBTAINED THROUGH THE SITE OR OTHERWISE, SHALL CREATE ANY WARRANTY NOT EXPRESSLY PROVIDED IN THIS DOCUMENT.
YOU ASSUME ALL RISK FOR ANY DAMAGE TO YOUR COMPUTER SYSTEM OR LOSS OF DATA THAT RESULTS FROM USE OF, OR DOWNLOADING OR COPYING ANY CONTENT FROM, THE SITE, INCLUDING WITHOUT LIMITATION ANY DAMAGES RESULTING FROM VIRUSES.
LIMITATION OF WARRANTIES. THERE ARE NO UNDERSTANDINGS, REPRESENTATIONS, OR WARRANTIES OF ANY KIND, EXPRESSED, IMPLIED, STATUTORY, OR OTHERWISE, INCLUDING, BUT WITHOUT LIMITATION, THE IMPLIED WARRANTIES OF MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE, NOT EXPRESSLY SET FORTH HEREIN.
DISCLAIMER OF DAMAGES. IN NO EVENT SHALL SELLER'S LIABILITY, WHETHER IN WARRANTY, CONTRACT, STRICT LIABILITY IN TORT, OR NEGLIGENCE, FOR CONSEQUENTIAL OR INCIDENTAL DAMAGES ARISING OUT OF OR IN CONNECTION WITH THIS AGREEMENT OR USE OF ANY PHYSICAL OR DOWNLOADED PRODUCT, EXCEED THE FEE CHARGED BY YOGATECH FOR THAT SPECIFIC PRODUCT OR SERVICE. THIS DISCLAIMER INCLUDES, WITHOUT LIMITATION, LIABILITY FOR LOSS OF PROFITS, USE, INCOME, HEALTH ISSUES, PRODUCT, PRODUCTION, INCREASED COST OF OPERATION, SPOILAGE OF MATERIALS, OR OTHER COMMERCIAL LOSS ARISING IN CONNECTION WITH THE USE OF ANY YOGATECH PRODUCT.
Please send notices by e-mail to: email@example.com
or to our Mailing Address: Yoga Technology LLC, Legal Department, PO Box 443, Sunbury , PA 17801