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Signed in as:
filler@godaddy.com
These Terms of Use ("Terms") are a legal contract between YogaByEkta LLC. ("YBE", "we", "us" or "our") and any user or visitor ("you" or "your") to the YOGABYEKTA.COM website (“Website”) and mobile application (“App") if any ,as well as any yoga instruction, training and other services and any, text, data, information, software, graphics, photographs and more (all of which is collectively referred to as the "Materials") that YBE may provide through the Website and the App. The Website, App, Materials and services will be referred to collectively as the “Services.” These Terms do not apply to Teachers who must enter a separate agreement with YBE.
READ THESE TERMS CAREFULLY BEFORE USING THE SERVICES. USING THE SERVICES INDICATES THAT YOU HAVE BOTH READ AND ACCEPT THESE TERMS. YOU CANNOT USE THE APP, WEBSITE OR SERVICES IF YOU DO NOT ACCEPT THESE TERMS.
NOTE: THESE TERMS CONTAIN A DISPUTE RESOLUTION AND ARBITRATION PROVISION, INCLUDING CLASS ACTION WAIVER THAT AFFECTS YOUR RIGHTS UNDER THESE TERMS AND WITH RESPECT TO DISPUTES YOU MAY HAVE WITH YBE.
Changes
YBE may alter the Services it offers you and/or choose to modify, suspend or discontinue the Services at any time, in whole or in part, and without notifying you. YBE may also change, update, add or remove provisions (collectively, "modifications") of these Terms from time to time. YBE will notify you of modifications to these Terms by posting them on this Website and the App, and, if you have registered with YBE. by describing the modifications to these Terms in an email that YBE will send to the address that you provided during registration. To be sure YBE properly reached your email inbox, we just ask that you let us know if your preferred email address changes at any time after your registration.
If you object to any such modifications, your sole recourse shall be to cease using the Services. Continued use of the Services following notice of any such modifications indicates you acknowledge and agree to be bound by the modifications. Also, please know that these Terms may be superseded by expressly-designated legal notices or terms located on particular pages of the Website. These expressly-designated legal notices or terms are incorporated into these Terms and supersede the provision(s) of these Terms that are designated as being superseded.
IN ADDITION, WE MAY NEED TO UPDATE THE APP FROM TIME TO TIME. BY DOWNLOADING THE APP, YOU AGREE THAT WE CAN NOTIFY YOU AND SEND SUCH UPDATES TO YOUR MOBILE DEVICE.
General Use
The Services provides users (“Students”) the ability to connect with professional yoga teachers (“Teacher”) to obtain both group and personalized yoga instruction and training (“Training”) either through the App or the Website. You must be at least 18 years old and have the legal capacity to enter into contracts and a resident of the United States to receive Training and to use the Services. THE SERVICES ARE NOT AVAILABLE TO STUDENTS OUTSIDE THE UNITED STATES AND CANADA.
The Training may involve vigorous physical exercise and activity that could result in the risk of injury. It is important that you not have no physical or medical condition that would prevent you from participating in the Training or that would create a risk of injury. Because of the risks involved in Training, we require all Students to read and acknowledge the following release.
Release
By signing up for and/or attending classes, events, activities, and other Training and using the Services, you hereby acknowledge on behalf of yourself, your heirs, personal representatives and/or assigns, that there are certain inherent risks and dangers in participating in yoga and the Training and Services. You acknowledge that some of these risks cannot be eliminated regardless of the care taken to avoid injuries. You also acknowledge that doing strenuous physical activity such as yoga may increase the risk of various potential injuries, including but not limited to, (1) minor injuries such as scratches, bruises, and sprains; (2) major injuries such as joint or back injuries, heart attacks, rhabdomyolysis, seizures and concussions; and (3) catastrophic injuries including paralysis and death.
At all times, you shall comply with all rules, and verbal instructions given to you by us or your Teachers. You should share details with your Teacher on your fitness to do you and not participate in Training if you feel that are not physical capable of doing so. If in the subjective opinion of us or the Teachers, you would be at physical risk participating in the Training or using the Services, you understand and agree that you may be denied access to the Training or Services until you furnish YBE with an opinion letter from your medical doctor, at your sole cost and expense, specifically addressing our concerns and confirming your physical fitness to undertake the Training. However, you also acknowledge that being permitted to access the Training and Services does not mean you are not at physical risk, and it is not an endorsement by us of your fitness to participate in the Training.
In consideration of being allowed to participate in and access the Services and Training, you hereby (1) agree to assume full responsibility for any and all injuries or damage which are sustained, aggravated or caused by you to yourself or anyone else in relation to the Training and Services, (2) release and agree to indemnify and hold harmless twentyzeronine ventures LLC., its direct and indirect parents, subsidiaries, and affiliate entities, and each of their respective officers, directors, members, employees,
representatives and agents, and all Teachers, and each of their respective successors and assigns and all others, from any and all responsibility, claims, actions, suits, procedures, costs, expenses, damages, and liabilities to the fullest extent allowed by law arising out of or in any way related to your participation in the Training or use of the Services, and (3) represent that you (a) understand that participating in the Training and Services involves strenuous physical activity, and that you are in good health and able to engage in such activity, (b) have no medical or physical condition that would prevent you from properly using any of the Training and Services, or that would put you or anyone else in physical or medical danger, (c) have not been instructed by a physician to not participate in physical exercise or in the type or intensity of activity in the Training and Services, and (d) are physically and mentally capable of participating in the Training and Services.
App Store Terms
The App may be available for download from one or more platforms, such as the Apple App Store or Google Play (“App Stores”). Your download, installation, access to or use of the App is also bound by the terms and conditions and privacy policies of the applicable App Store (“App Store Terms”). If there is any conflict between these Terms and the App Store Terms then these Terms will prevail.
This App is independent of and is not associated, affiliated, sponsored, endorsed or in any way linked to any App Store. You and we acknowledge that these Terms are entered into between you and us only, and not with any App Store, and we, not the App Store, are solely responsible for the App and the content thereof to the extent specified in these Terms.
You and we acknowledge that we, not the relevant App Store, are responsible for addressing any claims of you or any third party relating to the App or your possession and/or use of the App, including, but not limited to: (i) any claim that the App fails to conform to any applicable legal or regulatory requirement; and (ii) claims arising under consumer protection or similar legislation.
You and we acknowledge and agree that the relevant App Store, and that App Store’s subsidiaries, are third party beneficiaries of these Terms, and that, upon your acceptance of these Terms, that App Store will have the right (and will be deemed to have accepted the right) to enforce these Terms against you as a third party beneficiary thereof.
Wifi, Internet, and Cellular Provider Requirements
You can access the App and Services through either your mobile device using the App or through the Website. In accessing the Services, you can use either use either your cellular service or a WiFi or other internet connection. If you use your cellular service, you acknowledge that your agreement with your cellular network provider (“Cellular Provider”) will apply to your use of the App and Services. You acknowledge that you may be charged by your Cellular Provider for data services while using certain features of the App or any other third party charges as may arise and you accept sole responsibility for such charges. If you are not the bill payer for the Device (defined below) being used to access the App, you will be assumed to have received permission from the bill payer for using the App. You must also ensure that your use of the App is not in violation of your Cellular Provider agreement or any other wireless data or internet connection service agreement.
Licenses
Provided you are in compliance with these Term, we hereby grant you a non-exclusive, non-transferable, revocable license for your personal, non-commercial use: (A) to download and use the App only on an approved Apple or Android device owned by you (“Device”) as permitted by the applicable App Store Terms and in accordance with these Terms; (b) access the Services through the App or Website on your Device or personal computer; and (c) download one copy of any Materials provided through the Services solely in connection with the Training (“User License”). The User License only applies to your use of the Training and Services for your personal use (“Permitted Purpose”). All other rights in the Services are reserved to twentyzeronine ventures LLC. In the event of your breach of these Terms we will be entitled to terminate the User License immediately.
You agree not to (i) modify, adapt or translate the Services or attempt to reverse engineer, decompile, disassemble or otherwise attempt to discover the source code of the Services; (ii) remove any copyright notice, trademark, legend, logo or product identification from the Services; (iii) modify, translate or prepare derivative works of the Services, or any portion thereof; (iv) make any commercial use of the Services; or (v) rent, lease, distribute or lend the Services to third parties.
Registration
To participate in Training and use the Services, you must register and create an account with us (“Account”). To create an Account, you must submit the following information through the account registration page on the Website or the App: (1) a working email address; (2) first and last name; and (3) and password. We also ask that you provide additional information so that we can provide you a more customized experience when using the Services, such as your years of yoga experience, types of yoga practiced in the past, any medical or physical conditions (such as surgeries) that might impact your ability to practice yoga, and your goals for yoga, such as to increase flexibility or achieve weight loss. This information will be protected and used in accordance with our Privacy Policy.
Once you submit the required registration information, we will determine whether an Account will be created and you can login (some users may be placed on a waitlist until there is availability). For so long as you use the Account, you agree to provide true, accurate, current, and complete information which can be accomplished by logging into your Account and making relevant changes directly or contacting us using the below contact information and we can make the changes for you.
You are responsible for complying with these Terms when you access the Services . Because it is your Account, it is your job to obtain and maintain all equipment and services needed for access to and use of the Services as well as paying related charges. It is also your responsibility to maintain the confidentiality of your passwords. Should you believe your password or security for this Website or Services has been breached in any way, you must immediately notify us (see Contact Us below).
Training Sessions and Recording
If you have registered an Account with us, you can select from the list of Teachers we provide to provide Training and other Services. You are solely responsible for arranging the dates and times of any Training sessions (“Sessions”) with your Teachers and for rescheduling any Sessions that are canceled.
The Services are interactive in that they enable you to connect in real-time to Teachers and for Teachers to connect with you to provide the Training Sessions. These Sessions are recorded for both you and the Teacher to refer to in developing future Session plans and yoga training (“Session Recordings”). Session recordings are only viewable by the Teacher that conducted that Session and are not available to other Teachers. Teachers may only use the Session Recordings they conducted for teaching training and improvement, and for developing future Session planning with you. Teachers may not disclose or use the Session Recordings for any other purpose.
In addition, our internal staff may view Session recordings for review relating to the quality of the Training and for customer service and support, and for development of Teacher training, but actual clips of the recordings would not be shown to other Teachers in connection with such training without your permission. If you do not want a Teacher to view your Training Session recording or want us to delete your Training Session recording, please contact us at privacy@twentyzeronineventures.com.
You expressly consent to be recorded in connection with the Sessions that you participate in through the Services.
Payments
You agree to pay all applicable fees and all applicable sales and other taxes related to your use of the Services (including the Training offered). Our current fee schedule is available at this link https://yogabyekta.com/book-a-session . Booked sessions can be cancelled free of charge more than 12 hours in advance of session start time. Session would be charged if cancelled within 12 hours of start time.
The fee schedule is subject to change at our sole discretion, provided that any change in fees will not affect Sessions that have already been paid for and booked. From time to time we may offer free introductory sessions to new customers on a promotional basis.
We may suspend or terminate your Account and/or access to our Services if your payment is late and/or your offered payment method (e.g., credit card) cannot be processed. By providing a payment method, you expressly authorize us to charge the applicable fees on said payment method as other charges incurred thereto at regular intervals, all of which depend on the Services ordered. All fees are inclusive of applicable taxes charged on providing the Services.
We understand that you might cancel your Account, but please know that we will not provide any refund(s) and you will be responsible for paying any balance due on the Account. To make things less complicated, you agree that we may charge any unpaid fees to your provided payment method and/or send you a bill for such unpaid fees.
Pause and Cancellations
You can pause your membership at any time. You will not be charged for the time membership is paused.You would not be able to take yoga sessions when membership is paused.You can also cancel your membership at any time.You can pause your membership 3 times in a 12 month period for up to a total of 60 days to give you flexibility for vacations or breaks.
Charges
Your current membership rate is locked in as long as you keep it active, this is good for you because our rates will go up over time.
Membership is billed every 4 weeks. You credit card will be charged on the first day of each 4 week cycle. We will send you a receipt via email.
You can use your sessions anytime in the 4-week billing cycle (so you can use all 4 in the first week, or all 4 in the last week if you'd like. But most students find spreading them evenly gives the best experience).
You can also rollover unused sessions to the next 4 week cycle.
Worry Free Refund
When you sign up and prepay for 6 months or 1 year of membership, we will refund you the entire amount if you want to reverse your purchase or discontinue for any reason during the first 2 weeks.
Session Scheduling, Cancellations & No Shows
You can cancel sessions at any time. You will not be charged any fees if you cancel more than 12 hours in advance.
No shows and cancellations within 12 hours will be charged as completed sessions because the teacher's time was saved for your session and cannot be rescheduled in less than 12 hours. For unlimited sessions membership, there would be a penalty charge of $10 for a no show or cancellation within 12 hours.
Please let your teacher know via chat, if you are more than 10 minutes late for your session. Your teacher might drop off if you are more than 15 minutes late
If your teacher becomes unavailable due to an emergency, we will attempt to pair you with a substitute teacher. We will let you decide to either go ahead with the switch or cancel the session (if you cancel, you will not lose a session or get charged )
If you intend to reschedule any session, you can just cancel it and book another one
Upgrades and Downgrades
You can upgrade your membership at any time. Upgrades take effect immediately and a fresh 4 week cycle starts on the day of the upgrade. We refund you for any unused sessions of prior cycle.
Downgrades take effect at the end of the current 4 week cycle.
Electronic Communications
By using the Services, you consent to receiving electronic communications from us at the email address you provide in your Account. These electronic communications may include notices about applicable fees and charges, transactional information and other information concerning or related to Services. These electronic communications are part of your relationship with us. You agree that any notices, agreements, disclosures or other communications that we send you electronically will satisfy any legal communication requirements, including that such communications be in writing
Privacy Policy
We respect the information that you provide to us, and want to be sure you fully understand exactly how we use that information. So, please review our Privacy Policy ("Privacy Policy") which explains our information practices. By creating an Account or using our Services, you acknowledge and accept our Privacy Policy. Please note that we may collect information regarding your Device, such as IP address, network provider, mobile carrier, mobile browser type, timestamp, time zone, information about the speed, bearing, orientation, and altitude of a device, or other device-identifying information. We may also collect precise geolocation data from or about your Device, which may be expressed by latitude-longitude coordinates obtained through GPS tools, WiFi data, cell tower triangulation or other techniques. We use this information to provide the Services and to develop and improve the quality, features and offerings in our Services as described in more detail in our Privacy Policy.
Links to third-party clients
We sometimes provide links on the Services to third-party websites. If you use these links, you will leave the Services. We are not obligated to review any third-party websites that you link to from the Services, we do not control any of the third-party websites, and we are not responsible for any of the third-party websites (or the products, services, or content available through any of them). Thus, we do not endorse or make any representations about such third-party websites, any information, software, products, services, or materials found there or any results that may be obtained from using them. If you decide to access any of the third-party websites linked to from the Services, you do this entirely at your own risk and you must follow the privacy policies and terms and conditions for those third-party websites.
Submissions
The Services permit you to communicate with others, to participate in Session Recordings and to submit feedback, information, data, video, text, messages, or other materials in connection with the Services (collectively, "User Submissions"). You agree that you are solely responsible for all of your User Submissions . Further, we do not guarantee that you will be able to edit or delete any User Submission you have submitted, except that you may request Session Recordings be deleted as noted in the Training Sessions and Recording section above.
By submitting any User Submission or participating in any Session Recordings, you are promising us that:
You own all rights in your User Submissions necessary to grant us the rights to the Users Submissions specified in these Terms;
Your User Submissions do not infringe the copyright, trademark, patent, trade secret, or other intellectual property rights, privacy rights, publicity rights or any other legal or moral rights of any third party;
Any information contained in your User Submissions is not false, inaccurate, or misleading;
Your User Submissions do not violate any law (including, but not limited to, those governing export control, consumer protection, unfair competition, anti-discrimination, or false advertising);
Your User Submissions are not, and may not reasonably be considered to be, defamatory, libelous, hateful, racially, ethnically, religiously, or otherwise biased or offensive, unlawfully threatening, or unlawfully harassing to any individual, partnership, or corporation, vulgar, sexually explicit, pornographic, obscene, or invasive of another's privacy;
You were not and will not be compensated or granted any consideration by any third party for submitting your User Submission;
Your User Submissions do not incorporate materials from a third-party website, or addresses, email addresses, contact information, or phone numbers (other than your own);
Your User Submissions do not contain any viruses, worms, spyware, adware, or other potentially damaging programs or files;
Your User Submissions do not contain any information that you consider confidential, proprietary, or personal; and
Your User Submissions do not contain or constitute any unsolicited or unauthorized advertising, promotional materials, junk mail, spam, chain letters, pyramid schemes, or any other form of solicitation.
In consideration of your use of the Services, you grant to us an irrevocable, perpetual, transferable, non-exclusive, fully-paid, worldwide, royalty-free license (sub licensable through multiple tiers) to:
Use, distribute, reproduce, modify, adapt, publish, translate, publicly perform, and publicly display your User Submissions (or any modification thereto), in whole or in part, in any format or medium now known or later developed in connection with providing, developing or improving the Services, Training, Website and App, except that Session Recordings will only disclosed to you and your Instructor and used internally by YBE and staff as set forth in the Training Sessions and Recording section above;
Use (and permit others to use) your User Submissions (including, without limitation, commercial purposes) for purposes that we deem reasonable and appropriate in our sole discretion (including, without limitation, to incorporate your User Submissions or any modification thereto, in whole or in part, into any technology, product, or service), except that Session Recordings will only be used as set forth in the Training Sessions and Recording section set forth above;
Display advertisements in connection with your User Submissions and to use your User Submissions for advertising and promotional purposes (this section shall not apply to Session Recordings).
Please note that if you submit any User Submission on any publicly accessible portion of the Website or the App it may be accessible to and viewed by other users and visitors to the Website or the App.
We may, but are not obligated to, pre-screen User Submissions or monitor any area of Services, including any Sessions. We are not required to host, display, or distribute any User Submissions and may remove at any time or refuse any User Submissions or Session Recordings for any reason.
We also expect you to
Behave respectfully with your teacher at all times, during yoga sessions and in all communications, verbal or written.
Dress appropriately for your yoga session.
Unauthorized Activities
To be clear, we authorize your use of the Services only for Permitted Purposes. Any other use of this Services beyond the Permitted Purposes is prohibited and, therefore, constitutes unauthorized use of the Services. This is because as between you and us, all rights in the Services remain our property.
Unauthorized use of the Services may result in violation of various United States and international copyright laws. Unless you have written permission from us stating otherwise, you are not authorized to use the Services in any of the following ways (these are examples only and the list below is not a complete list of everything that you are not permitted to do):
For any commercial purpose which includes the promotion of any other product and services, or the use of the Services on another site or through a networked computer environment;
In any manner that involves nudity, or obscene or sexually explicit activity or conduct;
In any manner that involves usage of expletives, degrading language or sexually explicit words;
In a manner that modifies, publicly displays, publicly performs, reproduces or distributes any of the Services;
In a manner that violates any local, state, national, foreign, or international statute, regulation, rule, order, treaty, or other law;
To stalk, harass, or harm another individual;
To impersonate any person or entity or otherwise misrepresent your affiliation with a person or entity;
To interfere with or disrupt the Services or servers or networks connected to the Services;
To use any data mining, robots, or similar data gathering or extraction methods in connection with the Services; or
Attempt to gain unauthorized access to any portion of the Services or any other accounts, computer systems, or networks connected to the Services, whether through hacking, password mining, or any other means.
You agree to pay for any attorneys we may hire to defend us and to indemnify us against any claim, lawsuit, loss, award, settlement, expense or liability that arises or results from your User Submissions or the Session Recordings or any violation by you of these Terms, including, but not limited to paying any damages, penalties or settlements we end up having to pay. You alone are responsible for any violation of these Terms by you. We reserve the right to assume the exclusive defense and control of any matter otherwise subject to indemnification by you and, in such case, you agree to cooperate with our defense of such claim at your sole cost and expense.
Proprietary Rights
yogabyekta and associated logos are trademarks that belong to us. Other trademarks, names and logos on the Services are the property of their respective owners. Unless otherwise specified in these Terms, the Services and all Materials provided through them, including the arrangement of them are our sole property and protected under United States and international copyright law. All rights not expressly granted herein are reserved. Except as otherwise required or limited by applicable law, any reproduction, distribution, modification, retransmission, or publication of any copyrighted material is strictly prohibited without the express written consent of the copyright owner or license.
Intellectual Property Infringement
We respect the intellectual property rights of others and encourage you to do the same. Accordingly, we have a policy of removing User Submissions that violate intellectual property rights of others, suspending access to the Services (or any portion thereof) to any user who uses the Services in violation of someone's intellectual property rights, and/or terminating in appropriate circumstances the account of any user who uses the Services in violation of someone's intellectual property rights.
Pursuant to Title 17 of the United States Code, Section 512, we have implemented procedures for receiving written notification of claimed copyright infringement and for processing such claims in accordance with such law. If you believe your copyright or other intellectual property right is being infringed by a user of the Services, please provide written notice to our Agent for notice of claims of infringement:
Attn: Copyright: twentyzeronine ventures LLC.
To be sure the matter is handled immediately, your written notice must:
Contain your physical or electronic signature;
Identify the copyrighted work or other intellectual property alleged to have been infringed;
Identify the allegedly infringing material in a sufficiently precise manner to allow us to locate that material;
Contain adequate information by which we can contact you (including postal address, telephone number, and e-mail address);
Contain a statement that you have a good faith belief that use of the copyrighted material or other intellectual property is not authorized by the owner, the owner's agent or the law;
Contain a statement that the information in the written notice is accurate; and
Contain a statement, under penalty of perjury, that you are authorized to act on behalf of the copyright or other intellectual property right owner.
Unless the notice pertains to copyright or other intellectual property infringement, the Agent will be unable to address the listed concern.
Submitting a DMCA Counter-Notification
We will notify you that we have removed or disabled access to copyright-protected material that you provided, if such removal is pursuant to a validly received DMCA take-down notice. In response, you may provide our Agent with a written counter-notification that includes the following information:
Your physical or electronic signature;
Identification of the material that has been removed or to which access has been disabled, and the location at which the material appeared before it was removed or access to it was disabled;
A statement from you under the penalty of perjury, that you have a good faith belief that the material was removed or disabled as a result of a mistake or misidentification of the material to be removed or disabled; and
Your name, physical address and telephone number, and a statement that you consent to the jurisdiction of a court for the judicial district in which your physical address is located, or if your physical address is outside of the United States, for any judicial district in which we may be located, and that you will accept service of process from the person who provided notification of allegedly infringing material or an agent of such person.
Termination of Repeat Infringers
We reserve the right, in our sole discretion, to terminate the Account or access of any user of the Services who is the subject of repeated DMCA or other infringement notifications.
Disclaimer of Guarantees
THE SERVICES AND TRAINING ARE PROVIDED "AS IS" AND "WITH ALL FAULTS" AND THE ENTIRE RISK AS TO THE QUALITY AND PERFORMANCE OF SERVICES AND TRAINING IS WITH YOU.
WE EXPRESSLY DISCLAIM ALL WARRANTIES OF ANY KIND (EXPRESS, IMPLIED OR STATUTORY) WITH RESPECT TO THE SERVICES, WHICH INCLUDES BUT IS NOT LIMITED TO, ANY IMPLIED OR STATUTORY WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR USE OR PURPOSE, TITLE, AND NON-INFRINGEMENT OF INTELLECTUAL PROPERTY RIGHTS.
THIS MEANS THAT WE DO NOT PROMISE YOU THAT THE TRAINING AND SERVICES ARE FREE OF PROBLEMS. Without limiting the generality of the foregoing, we make no warranty that the Services and Training will meet your requirements or that the Services and Training will be uninterrupted, timely, secure, or error free or that defects in the Services and Training will be corrected. We make no warranty as to the results that may be obtained from the use of the Training or Services or as to the accuracy or reliability of any information obtained through the Services or Training. No advice or information, whether oral or written, obtained by you through the Services or Training or from us or our subsidiaries/other affiliated companies or a Teacher shall create any warranty. We disclaim all equitable indemnities.
Limitation of Liability
WE SHALL NOT BE LIABLE TO YOU FOR ANY DAMAGES RESULTING FROM YOUR DISPLAYING, COPYING, OR DOWNLOADING ANY MATERIALS TO OR FROM THIS WEBSITE, THE APP OR THE SERVICES. TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, IN NO EVENT SHALL WE BE LIABLE TO YOU FOR ANY INDIRECT, EXTRAORDINARY, EXEMPLARY, PUNITIVE, SPECIAL, INCIDENTAL, OR CONSEQUENTIAL DAMAGES (INCLUDING LOSS OF DATA, REVENUE, PROFITS, USE OR OTHER ECONOMIC ADVANTAGE) HOWEVER ARISING, EVEN IF WE KNOW THERE IS A POSSIBILITY OF SUCH DAMAGE.
SOME STATES DO NOT ALLOW THE EXCLUSION OR LIMITATION OF CERTAIN WARRANTIES AND/OR LIABILITIES, SO CERTAIN OF THE ABOVE LIMITATIONS OR EXCLUSIONS MAY NOT APPLY TO YOU.
Local Laws; Export Control
We control and operate the Services from our headquarters in the United States of America and some or all of the Services may not be appropriate or available for use in other locations. If you use the Services outside the United States of America, you are solely responsible for following applicable local laws.
Feedback
Any submissions by you to us regarding the Services, or any proposed features or functionality of the same (e.g., comments, questions, suggestions, materials - collectively, "Feedback") through any communication whatsoever (e.g., call, fax, email) will be treated as both non-confidential and non-proprietary. You hereby assign all right, title, and interest in, and we are free to use, without any attribution or compensation to you, any ideas, know-how, concepts, techniques, or other intellectual property and proprietary rights contained in the Feedback, whether or not patentable, for any purpose whatsoever, including but not limited to, developing, manufacturing, having manufactured, licensing, marketing, and selling, directly or indirectly, products and services using such Feedback. You understand and agree that we are not obligated to use, display, reproduce, or distribute any such ideas, know-how, concepts, or techniques contained in the Feedback, and you have no right to compel such use, display, reproduction, or distribution.
Dispute Resolution and Arbitration; Class Action Waiver
Please Read This Provision Carefully. It Affects Your Legal Rights.
You and we agree that any dispute, claim, or controversy between you and us arising in connection with or relating in any way to these Terms or the Services will be determined by mandatory binding individual (not class) arbitration. You and we further agree that the arbitrator shall have the exclusive power to rule on his or her own jurisdiction, including any objections with respect to the existence, scope or validity of this provision or to the arbitrability of any claim or counterclaim. Arbitration is more informal than a lawsuit in court. THERE IS NO JUDGE OR JURY IN ARBITRATION, AND COURT REVIEW OF AN ARBITRATION AWARD IS LIMITED. There may be more limited discovery than in court. The arbitrator must follow this Agreement and can award the same damages and relief as a court (including attorney fees), except that the arbitrator may not award any relief, including declaratory or injunctive relief, benefiting anyone but the parties to the arbitration. This arbitration provision will survive termination of these Terms.
You and we both agree that nothing in this arbitration provision (“Arbitration Provision”) will be deemed to waive, preclude, or otherwise limit either of our rights, at any time, to (1) bring an individual action in a U.S. small claims court or (2) bring an individual action seeking only temporary or preliminary individualized injunctive relief in a court of law, pending a final ruling from the arbitrator. In addition, this Arbitration Provision doesn’t stop you or us from bringing issues to the attention of federal, state, or local agencies. Such agencies can, if the law allows, seek relief against us on your behalf (or vice versa).
YOU AND WE AGREE THAT EACH MAY BRING CLAIMS AGAINST THE OTHER ONLY IN YOUR OR ITS INDIVIDUAL CAPACITY AND NOT AS A PLAINTIFF OR CLASS MEMBER IN ANY PURPORTED CLASS OR REPRESENTATIVE ACTION. Unless both you and we agree, no arbitrator or judge may consolidate more than one person’s claims or otherwise preside over any form of a representative or class proceeding. The arbitrator may award injunctive relief only in favor of the individual party seeking relief and only to the extent necessary to provide relief warranted by that party’s individual claim. If a court decides that applicable law precludes enforcement of any of this paragraph’s limitations as to a particular claim for relief, then that claim (and only that claim) must be severed from the arbitration and may be brought in court.
Either you or we may start arbitration proceedings. Any arbitration between you and YBE will take place under the Consumer Arbitration Rules of the American Arbitration Association (“AAA”) then in force (the “AAA Rules”), as modified by this Arbitration Agreement. You and YBE agree that the Federal Arbitration Act applies and governs the interpretation and enforcement of this provision (despite the choice of law provision above). The AAA Rules, as well as instructions on how to file an arbitration proceeding with the AAA, appear at adr.org, or you may call the AAA at 1-800-778-7879.
Any arbitration hearings will take place in the county of your residence address, provided that (a) we may request the hearings be transferred to Sacramento,California if we pay any additional cost you may incur as result or such transfer and (b) if the claim is for $25,000 or less, you or YBE may choose whether the arbitration will be conducted (1) solely on the basis of documents submitted to the arbitrator; or (2) through a non-appearance based telephonic hearing.
If you choose to file an arbitration proceeding and you are required to pay a filing fee, we will reimburse you for that filing fee, unless your claim is for greater than US $10,000, in which case you will be responsible for the filing fee. We will pay any other arbitration fees, including your share of arbitrator compensation, unless otherwise required by AAA rules or court order. Regardless of the manner in which the arbitration is conducted, the arbitrator shall issue a reasoned written decision sufficient to explain the essential findings and conclusions on which the decision and award, if any, are based. The arbitrator may make rulings and resolve disputes as to the payment and reimbursement of fees or expenses at any time during the proceeding and upon request from either party made within 14 days of the arbitrator’s ruling on the merits.
If this arbitration provision is invalidated in whole or in part, the parties agree that the exclusive jurisdiction and venue described in General section shall govern any claim in court arising out of or related to the Terms of the Services.
General
We have the right to terminate your access to the Services without prior notice to you if you violate any of these Terms. The laws of the State of Delaware, without regard to the choice or conflicts of law provisions, will govern these Terms. Foreign laws do not apply. Except for disputes subject to arbitration as described above, any disputes relating to these Terms or the Services will be heard in a court of competent jurisdiction located in City of Cupertino California or Sacramento California. If any of these Terms are deemed inconsistent with applicable law, then such term(s) shall be interpreted to reflect the intentions of the parties, and no other terms will be modified. By choosing not to enforce any of these Terms, we are not waiving our rights. These Terms are the entire agreement between you and us and, therefore, supersede all prior or contemporaneous negotiations, discussions or agreements. The proprietary rights, disclaimer of warranties, release, representations made by you, rights to user submission, indemnities, limitations of liability, arbitration and general provisions shall survive any termination of these Terms or your use of the Services.
Session Bookings
By Completing & Submitting any booking / booking form, You agree to terms and Conditions And understand that yoga includes physical movements as well as an opportunity for relaxation, stress re-education and relief of muscular tension. As is the case with any physical activity, the risk of injury, even serious or disabling, is always present and cannot be entirely eliminated. If I experience any pain or discomfort, I will listen to my body, adjust the posture and ask for support from the teacher. I will continue to breathe smoothly.Yoga is not a substitute for medical attention, examination, diagnosis or treatment. Yoga is not recommended and is not safe under certain medical conditions. I affirm that I alone am responsible to decide whether to practice yoga. I hereby agree to irrevocably release and waive any claims that I have now or hereafter may have against Ekta Bedi or Yoga By Ekta (any business entity).By completing your booking , we deem that you have read, agree with, and will adhere to this information.
Contact Us
If you have any questions about these Terms or otherwise need to contact us for any reason, you can reach us at ekta@yogabyekta.com