Terms of Use and Privacy Policy

Terms of Use & Privacy Policy

By visiting the Transform Power Yoga website or its video library (whether or not you are a registered member) you are agreeing to the Terms of Use. Please take a moment to carefully read through the Terms of Use. If you have any questions or comments about these Terms, of Use please contact us at info@TransformPYoga.com


Updated October 2017

LEGALLY BINDING AGREEMENT.

The terms of use reflected here (“Terms of Use”) govern your use of the TPY website and the video library (collectively and individually referred to as “Website Material”) of Transform Power Yoga, LLC, a Virginia limited liability company, (“TPY”, “Company”, “we”, “our”, or “us”).  Your continued use, consisting of visiting, browsing, or otherwise using the Website Material signifies your acceptance to be bound by the Terms of Use.  The Terms of Use constitute an ongoing binding agreement between you and TPY, so you should read them carefully.  If you disagree or desire not to be bound by the Terms of Use, you should not use the Website Material.  

TPY may at its sole discretion, without notice to you, and at any time change the Terms of Use.  You may find the most current version of the Terms of Use by clicking on the Terms of Use or other appropriately named link located on the webpage.  The most current version of the Terms of Use supersedes and replaces all prior versions of the Terms of Use.

DESCRIPTION OF SERVICES

TPY provides yoga, meditation, and other related types of classes, instruction, seminars, workshops, and other related materials (collectively and individually referred to as “Events”) within its studio, other locations, and through the internet either through its website or other hosting websites. You have access to purchase and participate in an Event in person (defined as personally participating in an Event that is not through an online medium, including but not limited to, the Website Materials) or online.  You acknowledge that in attending an Event in person, you may be required to enter into a form of a waiver or release as a condition to participating in person at an Event.  This Terms of Use and the waiver or release you sign at this in person Event will be construed as operating together with all inconsistencies resolved in favor on the waiver or release executed at that Event.  Your participation in the online Events is subject to your compliance with the Terms of Use and the terms of use of the hosting site, including but not limited to an end user license agreement that may accompany an Event.  All Events, regardless of format, may not be recorded in any manner whatsoever without the express written consent of TPY.  

RELEASE OF LIABILITY

You (including you on behalf of each minor guest, adult guest, and family member you bring to us) acknowledge that the exercise offered in the Website Materials can be strenuous.  You agree that you are healthy enough to engage in the exercise programs we offer. You acknowledge that you have either consulted with a physician or have had the opportunity to consult with a physician but have voluntarily chosen not to do so and you are making your own intelligent assessment in reaching your determination that you are healthy enough to engage in the exercise program.  If you have an injury or medical condition, you acknowledge that you know your limitations and you agree you will rest and refrain from any portion of the exercise routine that may cause you harm.  You agree that if you engage in any physical exercise or activity, or engage in any Event, you do so entirely at your own risk.

You acknowledge that if you are engaging in an online Event, you are doing so in a safe environment.  You also agree that you are solely responsible for this environment, including, but not limited to, the ability to engage in the online Event without direct or indirect injury caused by the environment and without any direct or indirect damage to the environment caused by you engaging in this Event.  You also agree that if you have any guests or invitees that are participating in this online Event, that we are not responsible for any direct or indirect injuries to these participants, any direct or indirect injuries caused by these participants, or any direct or indirect damage they cause to the environment and that you will bear sole responsibility for any such liability.

We may make recommendations for changes in diet including the use of food and dietary supplements. You acknowledge that the Company does not offer medical advice for any comments made by its staff or individuals/entities brought in as third parties to make presentations. You (and any guests or invitees) are encouraged to consult a physician prior to undertaking any exercise activity and undergoing any dietary or food supplement changes.

You acknowledge that you have carefully read this waiver and release and fully understand that it is a RELEASE OF LIABILITY. You agree, to the fullest possible extent permitted by law, to release and discharge us including, but not limited to, our investors, employees, agents, contractors, representatives, successors, or assigns, from any and all claims or causes of action and you agree to voluntarily give up or waive any right that you may otherwise have to bring a legal action against us for personal injury or property damage. You also agree to waive, to the fullest possible extent permitted by law, any such claim your family members may bring against us.

THE CONTENT

You agree that you are viewing the Website Materials for you own personal use and for non-commercial purposes.  You acknowledge and agree that the Website Materials may not be used for commercial purposes.  You will not, either directly or indirectly, such as through the use of any device, software, internet site, web-based service or other means alter, interfere, bypass, remove, avoid, interfere with, or circumvent any copyright, trademark, or other proprietary notices marked on the Website Materials, or any digital rights management mechanism, device, or other content protection or access control measure associated with the Website Material including geo-filtering mechanisms. You will not either directly or through the use of any device, software, internet site, web-based service or other means copy, download, stream capture, reproduce, duplicate, archive, distribute, upload, publish, modify, translate, broadcast, perform, display, sell, transmit or retransmit the Website Materials. You may not incorporate the Website Materials into, or stream or retransmit the Website Materials via, any hardware or software application or make it available via frames or in-line links. You may not create, recreate, distribute or advertise an index of any significant portion of the Website Materials. You will not build a business of any kind using the Website Materials. The Website Materials covered by these restrictions include, without limitation, any text, graphics, layout, interface, logos, photographs, audio and video materials, and stills. You are prohibited from creating any derivative works or materials that otherwise are derived from or based on the Website Materials in any way whatsoever, including, but not limited to, montages, mash-ups and similar videos, wallpaper, desktop themes, greeting cards, and merchandise. This prohibition applies regardless whether you intend to receive revenue or to give away the derivative materials free of charge.

VIDEO PLAYER

TPY may create and establish its own video player (“Video Player”).  You will not modify, enhance, remove, interfere with, or otherwise alter in any way, any portion of the Video Player, its underlying technology, any digital rights management mechanism, device, or other content protection or access control measure incorporated into the Video Player. This restriction includes, but is not limited to, disabling, reverse engineering, modifying, interfering with or otherwise circumventing the Video Player in any manner that enables users to view the Website Materials without: (i) displaying visibly both the Video Player and all surrounding elements (including the graphical user interface, any advertising, copyright notices, and trademarks) of the webpage where the Video Player is located; and (ii) having full access to all functionality of the Video Player, including, but not limited to, all video quality and display functionality and all interactive, elective or click-through advertising functionality.

You will not embed the Video Player on any website or other location that (i) hosts or contains content that is pornographic, obscene, defamatory, libelous, threatening, harassing, vulgar, indecent, profane, hateful, racially or ethnically offensive, encourages criminal conduct, gives rise to civil liability, violates any law, rule, or regulation, infringes any right of any third party including intellectual property rights, or is inappropriate to TPY in TPY’s sole discretion, or (ii) links to infringing or unauthorized content. You may not embed the Video Player into any hardware or software application regardless of intent (including, but not limited to non-commercial purposes). TPY reserves the right, at its sole discretion, to prevent embedding to any website or other location that TPY finds inappropriate.

YOUR RESPONSIBILITIES

You will use the Website Materials for lawful, non-commercial and appropriate purposes. You will not access the Website Materials in a way that:

  • violates the rights of others including patent, trademark, trade secret, copyright, privacy, publicity, or other proprietary rights, including, without limitation, the illegal or unauthorized collection of personally identifiable information;
  • uses technology or other means to access, index, frame or link to the Website Materials that is not authorized by TPY (including, but not limited to, removing, disabling, bypassing, or circumventing any content protection or access control mechanisms intended to prevent the unauthorized download, stream capture, linking, framing, reproduction, access to or distribution of the Website Materials);
  • involves accessing the Website Materials through any automated means, including “robots,” “spiders,” or “offline readers” (other than by individually performed searches on publicly accessible search engines for the sole purpose of, and solely to the extent necessary for, creating publicly available search indices — but not caches or archives — of the Website Materials and excluding those search engines or indices that host, promote, or link primarily to infringing or unauthorized content);
  • introduces viruses or any other computer code, files, or programs that interrupt, destroy, or limit the functionality of any computer software or hardware or telecommunications equipment;
  • damages, disables, overburdens, impairs, or gains unauthorized access to the Website Materials, including any of TPY’s servers, computer network, or user accounts;
  • removes, modifies, disables, blocks, obscures or otherwise impairs any advertising in connection with the Website Materials;
  • uses the Website Materials to advertise, promote or assist in any way a competing service either directly or indirectly with the aid and assistance of any third party;
  • encourages conduct that would constitute a criminal offense or give rise to civil liability;
  • violates these Terms of Use or any guidelines or policies posted by TPY;
  • interferes with any other party’s use and enjoyment of the Website Materials; or
  • attempts to do any of the foregoing.

OWNERSHIP

You agree that the TPY owns and retains all rights to the Yoga International Website Materials. You further agree that the Website Materials you access and view are owned or controlled by TPY. All TPY Website Materials are protected by copyright, trademark, and other intellectual property laws.

DAMAGES

You agrees that monetary damages alone would not be sufficient to compensate for any breach of this Terms of Use and that TPY will be entitled to injunctive relief without posting a bond and other equitable relief (including, but not limited to, liquidate damages) as is appropriate to compensate for a breach of the Terms of Use to prevent further loss resulting from any breach of this Agreement. If you are found to have used the Website Materials to advertise, promote or assist in any way a competing service either directly or with the aid and assistance of any third party or otherwise breach the Terms of Use then you will be liable for liquidated damages in the amount of One Million US Dollars (US$1,000,000.00) to TPY. You and we agree and acknowledge that calculation of the damages from a breach would be difficult to estimate accurately and that the foregoing dollar amount is a reasonable approximation thereof and is intended as the fair allocation and liquidation of damages and not as a penalty against you the user. You and we acknowledge and agree that such liquidated damages shall be the sole and exclusive recovery to which TPY will be entitled and in no event will either party be liable to the other for consequential or special damages. A failure to enforce any provision of the Terms of Use will not constitute a waiver thereof or of any other provision of the Terms of Use. 

NO SPAM / UNSOLICITED COMMUNICATIONS

You will not use the Website Materials to harvest information about users for the purpose of sending, or to facilitate or encourage the sending of, unsolicited bulk or other communications. You acknowledge that we may take any technical remedies to prevent spam or unsolicited bulk or other communications from entering, utilizing, or remaining within our computer or communications networks. If you post or otherwise send spam, advertising, or other unsolicited communications of any kind through the Website Materials, you acknowledge that you will have caused substantial harm to us and that the amount of such harm would be extremely difficult to measure. As a reasonable estimation of such harm, you agree to pay us US$100 for each such unsolicited communication you send through the Website Materials.

DOWNLOADS

In order to participate in certain Website Materials, you may be notified that it is necessary to download software or other materials or agree to additional terms and conditions. Unless otherwise provided by these additional terms and conditions, they are hereby incorporated into these Terms of Use.

SUSPENSION / DISCONTINUATION

You agree that we reserve the right, at our sole discretion, to change, suspend, or discontinue — temporarily or permanently — some or all of the Website Materials with respect to any or all users, at any time without notice. Upon cancellation, you may be given a prorated or complete refund as determined at our sole discretion.

COLLECTION AND USE OF PERSONAL INFORMATION – PRIVACY POLICY

We will never share your information with other organizations, however, registering for our services, including, but not limited to Events, may have your information also recorded by third parties and their respective sites (such as MindBody).  We will use the information we collect about you to process orders, notify you when updates are made to the site, and let you know when new products or services are offered. You acknowledge that this privacy policy does not apply to any information collected by us offline or via third-party sites that may be accessed through hyperlinks on this site. While you may limit our access and use of your information by modifying your browser preferences (such as choosing to accept all cookies, to be notified when a cookie is set, or to reject all cookies), some parts of our site may not work properly in your case. If you have any questions or concerns about this, or any other aspect of your experience on www.TransformPYoga.com, please send us an email at info@TransformPYoga.com  (subject line “TPY Privacy Policy”).

THIRD PARTY WEBSITES

We provide links or pointers to other websites.  We may not and you should never assume that we  operate, control, or are otherwise connected with these websites. When you click on a link within the Website Materials, we will not warn you that you have left our website and are subject to the terms and conditions (including privacy policies) of the destination website. In some cases, it may be less obvious than others that you have left a website and reached another website. Please be careful to read the terms of use and privacy policy of any website before you provide your confidential information or engage in any transactions. You should not rely on the Terms of Use to govern your use of another website.

ADVERTISEMENTS

We is not responsible for the content (including, but not limited to advertisements), products, or practices of any website other than our own website regardless whether or not it links to our website or if the website is operated by a company connected with us. By using the Website Materials, you acknowledge and agree that we are not responsible or liable to you for any content or other materials hosted and served from any website other than the Website Materials.

TRADEMARKS

TPY, the TPY logo (including, but not limited to the various iterations of the Treeko Frog), www.TransformPYoga.com, and our other marks, graphics, logos, scripts, and sounds are trademarks of TPY. None of the TPY trademarks may be copied, downloaded, or otherwise exploited.

DISCLAIMER OF WARRANTIES, LIMITATION OF LIABILITY, AND INDEMNITY

WHILE WE DO OUR BEST TO PROVIDE THE OPTIMAL PERFORMANCE OF THE WEBSITE MATERIALS, YOU AGREE THAT USE OF THE WEBSITE MATERIALS IS AT YOUR OWN RISK. THE WEBSITE MATERIALS, INCLUDING THE VIDEO PLAYER, USER MATERIAL, AND ANY OTHER MATERIALS CONTAINED ON OR PROVIDED THROUGH OUR WEBSITES, ARE PROVIDED “AS IS” AND, TO THE FULLEST EXTENT PERMITTED BY LAW, ARE PROVIDED WITHOUT WARRANTIES OF ANY KIND, EITHER EXPRESS OR IMPLIED. WITHOUT LIMITING THE FOREGOING, TPY DOES NOT MAKE ANY WARRANTIES OF FITNESS FOR A PARTICULAR PURPOSE, MERCHANTABILITY, COMPLETENESS, AVAILABILITY, SECURITY, COMPATIBILITY OR NONINFRINGEMENT; OR THAT THE WEBSITE MATERIALS WILL BE UNINTERRUPTED, FREE OF VIRUSES AND OTHER HARMFUL COMPONENTS, ACCURATE, ERROR FREE, OR RELIABLE.

IN NO EVENT WILL TPY OR ITS AFFILIATES, SUCCESSORS, AND ASSIGNS, AND EACH OF THEIR RESPECTIVE INVESTORS, EMPLOYEES, AGENTS, CONTRACTORS, REPRESENTATIVES, SUCCESSORS, OR ASSIGNS (COLLECTIVELY, THE “TPY PARTIES”), BE LIABLE FOR ANY DIRECT, INDIRECT, PUNITIVE, INCIDENTAL, SPECIAL, CONSEQUENTIAL, OR OTHER DAMAGES, INCLUDING LOSS OF PROFITS, ARISING OUT OF OR IN ANY WAY RELATED TO THE USE OF THE WEBSITE MATERIALS (INCLUDING ANY INFORMATION, PRODUCTS, OR SERVICES ADVERTISED IN, OBTAINED ON, OR PROVIDED THROUGH THE WEBSITES), WHETHER BASED IN CONTRACT, TORT, STRICT LIABILITY, OR OTHER THEORY, EVEN IF THE TPY PARTIES HAVE BEEN ADVISED OF THE POSSIBILITY OF DAMAGES. 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. IN NO EVENT WILL OUR TOTAL LIABILITY TO YOU FOR ALL DAMAGES, LOSSES AND CAUSES OR ACTION WHETHER IN CONTRACT, TORT (INCLUDING NEGLIGENCE) OR OTHERWISE EXCEED THE AMOUNT PAID BY YOU TO US, IF ANY, OR $50 (WHICHEVER IS LESS) FOR ACCESSING OR PARTICIPATING IN ANY ACTIVITY RELATED TO USE OF THE WEBSITE MATERIALS.

YOU AGREE TO DEFEND, INDEMNIFY, AND HOLD HARMLESS THE TPY PARTIES FROM AND AGAINST ANY AND ALL LIABILITIES, CLAIMS, DAMAGES, EXPENSES (INCLUDING REASONABLE ATTORNEYS’ FEES AND COSTS), AND OTHER LOSSES ARISING OUT OF OR IN ANY WAY RELATED TO YOUR BREACH OR ALLEGED BREACH OF THE TERMS OF USE OR YOUR USE OF THE WEBSITE MATERIALS. TPY RESERVES THE RIGHT, AT OUR OWN EXPENSE, TO EMPLOY SEPARATE COUNSEL AND ASSUMES THE EXCLUSIVE DEFENSE AND CONTROL OF ANY MATTER OTHERWISE SUBJECT TO INDEMNIFICATION BY YOU.

EXPORT CONTROLS

You agree to comply with all applicable laws regarding software and the transmission of technical data exported from the United States or the country in which you reside.

CHOICE OF LAW

These Terms of Use are governed by, and construed in accordance with, the laws of the Commonwealth of Virginia, United States, without giving effect to principles of conflicts of law. In the event of a dispute, you agree to submit to the exclusive venue of the state courts located in the Prince William County of the Commonwealth of Virginia, United States, and in the federal courts located in Alexandria, Virginia.

INTEGRATION, AMENDMENT, AND SEVERABILITY

Please note that these Terms of Use, including TPY’s Privacy Policy, which is incorporated in the Terms of Use, constitute the entire legal agreement between you and us and govern your use of the Website Materials, and completely replaces any prior agreements between you and us in relation to the Website Materials. The Terms of Use may not be amended or varied except in a writing signed or issued by us. Although we understand that electronic or digital signatures are frequently viewed as the equivalent of traditional written signatures these days, for these purposes, a signature or “signed” writing or written agreement may not include an electronic or digital signature. These Terms of Use operate to the fullest extent permissible by law. If any provision of these Terms is held to be unlawful, void, or unenforceable, you and we agree that the provision will be deemed severable from the Terms of Use and will not affect the validity and enforceability of any remaining provisions.  Within the Terms of Use and our Privacy Policy, the singular will include the plural and the plural will include the singular

NO WAIVER / RELIANCE

Waiver by TPY of any breach of this Terms of Use will not be construed as a waiver of any continuing breach, or subsequent breach. TPY will address all breaches by analyzing the facts and circumstances it deems relevant and will determine what action to take.  All decisions regarding accessing and responding to any breaches or alleged breaches will be at TPY’s sole and absolute discretion. If you see other parties violating these Terms of Use, we would appreciate it if you would let us know at info@TransformPYoga.com (subject line: “TOS Violation”).

We appreciate you taking the time to read the Terms of Use. If you are new to our website, we look forward to welcoming you as a member.  If you are a current member, we appreciate you being a member of the TPY family.