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Terms of Service
The following terms and conditions govern all use of the yogasol.com website and all content, services and products available at or through the website (taken together, the Website). The Website is owned and operated by YogaSol. The Website is offered subject to your acceptance without modification of all of the terms and conditions contained herein and all other operating rules, policies (including, without limitation, YogaSol’s Privacy Policy) and procedures that may be published from time to time on this Site by YogaSol (collectively, the “Agreement”).
Please read this Agreement carefully before accessing or using the Website. By accessing or using any part of the web site, you agree to become bound by the terms and conditions of this agreement. If you do not agree to all the terms and conditions of this agreement, then you may not access the Website or use any services. If these terms and conditions are considered an offer by YogaSol, acceptance is expressly limited to these terms. The Website is available only to individuals who are at least 18 years old.
Your yogasol.com Account and Site
If you create an account on the Website, you are responsible for maintaining the security of your account, and you are fully responsible for all activities that occur under the account. You must immediately notify YogaSol of any unauthorized uses of your account or any other breaches of security. YogaSol will not be liable for any acts or omissions by You, including any damages of any kind incurred as a result of such acts or omissions.
YogaSol has the right (though not the obligation) to, in YogaSol’s sole discretion (i) refuse or remove any account that, in YogaSol‘s reasonable opinion, violates any YogaSol policy or is in any way harmful or objectionable, or (ii) terminate or deny access to and use of the Website to any individual or entity for any reason, in YogaSol’s sole discretion. YogaSol will have no obligation to provide a refund of any amounts previously paid.
Services
Fees; Payment. By signing up for a Services account you agree to pay YogaSol the applicable setup fees and recurring fees. Applicable fees will be invoiced starting from the day your services are established and in advance of using such services. YogaSol reserves the right to change the payment terms and fees upon thirty (30) days prior written notice to you. Services can be canceled by you at anytime on thirty (30) days written notice to YogaSol.
Support
If your service includes access to priority email support. “Email support” means the ability to make requests for technical support assistance by email at any time (with reasonable efforts by YogaSol to respond within one business day) concerning the use of the VIP Services. “Priority” means that support takes priority over support for users of the standard or free yogasol.com services. All support will be provided in accordance with YogaSol standard services practices, procedures and policies.
Responsibility of Website Visitors
You are responsible for taking precautions as necessary to protect yourself and your computer systems from viruses, worms, Trojan horses, and other harmful or destructive content. YogaSol disclaims any responsibility for any harm resulting from the use by visitors of the Website, or from any downloading by those visitors of content there posted.
Content Posted on Other Websites
We have not reviewed, and cannot review, all of the material, including computer software, made available through the websites and webpages to which yogasol.com links, and that link to yogasol.com. YogaSol does not have any control over those non-YogaSol websites and webpages, and is not responsible for their contents or their use. By linking to a non- YogaSol website or webpage, YogaSol does not represent or imply that it endorses such website or webpage. You are responsible for taking precautions as necessary to protect yourself and your computer systems from viruses, worms, Trojan horses, and other harmful or destructive content. YogaSol disclaims any responsibility for any harm resulting from your use of non-YogaSol websites and webpages.
Copyright Infringement and DMCA Policy
As YogaSol asks others to respect its intellectual property rights, it respects the intellectual property rights of others. If you believe that material located on or linked to by yogasol.com violates your copyright, you are encouraged to notify YogaSol in accordance with YogaSol’s Digital Millennium Copyright Act (“DMCA”) Policy. YogaSol will respond to all such notices, including as required or appropriate by removing the infringing material or disabling all links to the infringing material. YogaSol will terminate a visitor’s access to and use of the Website if, under appropriate circumstances, the visitor is determined to be a repeat infringer of the copyrights or other intellectual property rights of YogaSol or others. In the case of such termination, YogaSol will have no obligation to provide a refund of any amounts previously paid to YogaSol.
Intellectual Property
This Agreement does not transfer YogaSol to you any YogaSol or third party intellectual property, and all right, title and interest in and to such property will remain (as between the parties) solely with YogaSol. YogaSol, yogasol.com, the YogaSol logo, and all other trademarks, service marks, graphics and logos used in connection with yogasol.com, or the Website are trademarks or registered trademarks of YogaSol or YogaSol’s licensors. Other trademarks, service marks, graphics and logos used in connection with the Website may be the trademarks of other third parties. Your use of the Website grants you no right or license to reproduce or otherwise use any YogaSol or third-party trademarks.
Changes
YogaSol reserves the right, at its sole discretion, to modify or replace any part of this Agreement. It is your responsibility to check this Agreement periodically for changes. Your continued use of or access to the Website following the posting of any changes to this Agreement constitutes acceptance of those changes. YogaSol may also, in the future, offer new services and/or features through the Website (including, the release of new tools and resources). Such new features and/or services shall be subject to the terms and conditions of this Agreement.
Termination
YogaSol may terminate your access to all or any part of the Website at any time, with or without cause, with or without notice, effective immediately. If you wish to terminate this Agreement or your yogasol.com account (if you have one), you may simply discontinue using the Website. Notwithstanding the foregoing, if you have a paid services account, such account can only be terminated by YogaSol if you materially breach this Agreement and fail to cure such breach within thirty (30) days from YogaSol‘s notice to you thereof; provided that, YogaSol can terminate the Website immediately as part of a general shut down of our service. All provisions of this Agreement which by their nature should survive termination shall survive termination, including, without limitation, ownership provisions, warranty disclaimers, indemnity and limitations of liability.
Disclaimer of Warranties
The Website is provided “as is”. YogaSol and its suppliers and licensors hereby disclaim all warranties of any kind, express or implied, including, without limitation, the warranties of merchantability, fitness for a particular purpose and non-infringement. Neither YogaSol nor its suppliers and licensors, makes any warranty that the Website will be error free or that access thereto will be continuous or uninterrupted. You understand that you download from, or otherwise obtain content or services through, the Website at your own discretion and risk.
Limitation of Liability
In no event will YogaSol, or its suppliers or licensors, be liable with respect to any subject matter of this agreement under any contract, negligence, strict liability or other legal or equitable theory for: (i) any special, incidental or consequential damages; (ii) the cost of procurement for substitute products or services; (iii) for interruption of use or loss or corruption of data; or (iv) for any amounts that exceed the fees paid by you to YogaSol under this agreement during the twelve (12) month period prior to the cause of action. YogaSol shall have no liability for any failure or delay due to matters beyond their reasonable control. The foregoing shall not apply to the extent prohibited by applicable law.
General Representation and Warranty
You represent and warrant that (i) your use of the Website will be in strict accordance with the YogaSol Privacy Policy, with this Agreement and with all applicable laws and regulations (including without limitation any local laws or regulations in your country, state, city, or other governmental area, regarding online conduct and acceptable content, and including all applicable laws regarding the transmission of technical data exported from the United States or the country in which you reside) and (ii) your use of the Website will not infringe or misappropriate the intellectual property rights of any third party.
Indemnification
You agree to indemnify and hold harmless YogaSol, its contractors, and its licensors, and their respective directors, officers, employees and agents from and against any and all claims and expenses, including attorneys’ fees, arising out of your use of the Website, including but not limited to your violation of this Agreement.
Miscellaneous
This Agreement constitutes the entire agreement between YogaSol and you concerning the subject matter hereof, and they may only be modified by a written amendment signed by an authorized executive of YogaSol, or by the posting by YogaSol of a revised version. Except to the extent applicable law, if any, provides otherwise, this Agreement, any access to or use of the Website will be governed by the laws of the State of Connecticut U.S.A, excluding its conflict of law provisions, and the proper venue for any disputes arising out of or relating to any of the same will be the state and federal courts located in Norwalk, CT, United States. Except for claims for injunctive or equitable relief or claims regarding intellectual property rights (which may be brought in any competent court without the posting of a bond), any dispute arising under this Agreement shall be finally settled in accordance with the Comprehensive Arbitration Rules of the Judicial Arbitration and Mediation Service, Inc. (“JAMS”) by three arbitrators appointed in accordance with such Rules. The arbitration shall take place in Connicticut, in the English language and the arbitral decision may be enforced in any court. The prevailing party in any action or proceeding to enforce this Agreement shall be entitled to costs and attorneys’ fees. If any part of this Agreement is held invalid or unenforceable, that part will be construed to reflect the parties’ original intent, and the remaining portions will remain in full force and effect. A waiver by either party of any term or condition of this Agreement or any breach thereof, in any one instance, will not waive such term or condition or any subsequent breach thereof. You may assign your rights under this Agreement to any party that consents to, and agrees to be bound by, its terms and conditions; YogaSol may assign its rights under this Agreement without condition. This Agreement will be binding upon and will inure to the benefit of the parties, their successors and permitted assigns.