Updated October 2017
LEGALLY BINDING AGREEMENT.
DESCRIPTION OF SERVICES
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.
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.
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.
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;
- interferes with any other party’s use and enjoyment of the Website Materials; or
- attempts to do any of the foregoing.
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.
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.
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.
THIRD PARTY WEBSITES
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.
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 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
INTEGRATION, AMENDMENT, AND SEVERABILITY
NO WAIVER / RELIANCE