Terms & Conditions
Last Updated Date: May 22, 2020
AGREEMENT
The use of this website and Services and Products on this website provided by It’s All Yoga (hereinafter referred to as "Company") are subject to the following Terms & Conditions (hereinafter the "Terms"), all parts and sub-parts of which are specifically incorporated by reference here. These Terms shall govern the use of all pages on this website (hereinafter collectively referred to as "Website") and any Services and Products provided by or on this Website ("Services and Products"). These Terms are a legal agreement between You and It’s All Yoga and contain important information regarding Your legal rights, remedies and obligations.
THIS DOCUMENT CONTAINS VERY IMPORTANT INFORMATION REGARDING YOUR RIGHTS AND OBLIGATIONS, AS WELL AS CONDITIONS, LIMITATIONS, AND EXCLUSIONS THAT MIGHT APPLY TO YOU. PLEASE READ IT CAREFULLY.
THESE TERMS REQUIRE THE USE OF ARBITRATION TO RESOLVE DISPUTES, RATHER THAN JURY TRIALS OR CLASS ACTIONS.
BY USING THIS WEBSITE OR PLACING AN ORDER FOR PRODUCTS OR SERVICES FROM THIS WEBSITE, YOU AFFIRM THAT YOU ARE OF LEGAL AGE TO ENTER INTO THIS AGREEMENT, AND YOU ACCEPT AND ARE BOUND BY THESE TERMS AND CONDITIONS.
YOU MAY NOT USE THIS WEBSITE OR ORDER, SUBSCRIBE OR OBTAIN PRODUCTS OR SERVICES FROM THIS WEBSITE IF YOU (A) DO NOT AGREE TO THESE TERMS, (B) ARE NOT THE OLDER OF (i) AT LEAST 18 YEARS OF AGE OR (ii) LEGAL AGE TO FORM A BINDING CONTRACT WITH IT’S ALL YOGA, OR (C) ARE PROHIBITED FROM ACCESSING OR USING THIS WEBSITE OR ANY OF THIS WEBSITE'S CONTENTS, GOODS OR SERVICES BY APPLICABLE LAW.
We are more than happy to answer any questions You have about these Terms and our policies. Please contact Us at michelle@michellemarlahan.com if You have questions.
SCOPE OF TERMS AND CONDITIONS
These Terms and Conditions (these "Terms") apply to the viewing and use of this website and purchase and sale of Services and Products through www.michellemarlahan.com. These Terms are subject to change by It’s All Yoga without prior written notice at any time, in our sole discretion. Any changes to the Terms will be in effect as of the "Last Updated Date" referenced on the Website. You should review these Terms prior to using this website or purchasing any Services and Products that are available through this Website. Your continued use of this Website after the "Last Updated Date" will constitute Your acceptance of and agreement to such changes.
You should also carefully review our Privacy Policy before placing an order for Services and Products through this Website (see Section Privacy).
DEFINITIONS
The parties referred to in these Terms shall be defined as follows:
Company, Us, We: The Company, as the creator, operator, and publisher of the Website, makes the Website, and certain Services on it, available to users. It’s All Yoga, Company, Us, We, Our, Ours and other first-person pronouns will refer to the Company, as well as all employees and affiliates of the Company.
You, the User, the Client: You, as the user of the Website, will be referred to throughout these Terms with second-person pronouns such as You, Your, Yours, or as User or Client.
Parties: Collectively, the parties to these Terms (the Company and You) will be referred to as Parties.
AGE RESTRICTION
You must be at least 18 years of age or the legal age in Your jurisdiction to use this Website or any Services contained herein. By using this Website, You represent and warrant that You are at least 18 years of age or the legal age in Your jurisdiction and may legally agree to these Terms. The Company assumes no responsibility or liability for any misrepresentation of Your age.
ACCEPTANCE
By using the Website, You warrant that You have read and reviewed these Terms and that You agree to be bound by it. If You do not agree to be bound by these Terms, please leave the Website immediately. The Company only agrees to provide use of this Website and Services to You if You assent to these Terms.
USER OBLIGATIONS
As a user of the Website or Products or Services, You may be asked to register with Us. When You do so, You will choose a user identifier, which may be Your email address or another term, as well as a password. You may also provide personal information, including, but not limited to, Your name. You are responsible for ensuring the accuracy of this information. You must inform Us immediately of any changes to the information that You provided when registering by updating your personal details in order that we can communicate with you effectively. This identifying information will enable You to use the Website and Products and Services. You must not share such identifying information with any third party, and if You discover that Your identifying information has been compromised, You agree to notify Us immediately in writing. Email notification will suffice. You are responsible for maintaining the safety and security of Your identifying information as well as keeping Us apprised of any changes to Your identifying information. Providing false or inaccurate information, or using the Website or Products or Services to further fraud or unlawful activity is grounds for immediate termination of these Terms.
ASSUMPTION OF RISK
The Website and Services are provided for communication purposes only. You acknowledge and agree that any information posted on Our Website is not intended to be legal advice, medical advice, or financial advice, and no fiduciary relationship has been created between You and the Company. You further agree that Your purchase of any of the products on the Website is at Your own risk. The Company does not assume responsibility or liability for any advice or other information given on the Website.
PHYSICIAN’S PERMISSION BEFORE BEGINNING ANY EXERCISE PROGRAM
You understand that physical exercise can be strenuous and can expose You to the risk of serious injury. We urge You to obtain a physical examination from a doctor before participating in any exercise activity. You voluntarily accept and assume any and all risks, known or unknown, associated with Your Use of the Website and our Services including, without limitation, the risk of physical or mental or emotional injury, minor and/or severe bodily harm, death, and/or illness, which arise by any means, including, without limitation: acts, omissions, recommendations or advice given by Us.
UNDERSTANDING THE RISKS OF THE EXERCISE
It’s All Yoga provides both pre-recorded and live yoga classes, and this provision applies to all of our yoga classes. You understand and acknowledge that certain elements of the yoga classes can be physically demanding and you are aware of the nature of the classes and the associated risks involved. As a condition of your participation in the yoga classes, you agree that you are physically capable of participating and accept full and complete responsibility for your own participation in the yoga classes. You agree that in case any medical or physical condition arise prior to or during a session which is likely to affect your ability to participate in a session you will not attend or you will withdraw from the session.
It’s All Yoga is not a medical organization and its instructors or employees cannot give you medical advice or diagnosis. All suggestions and comments relating to the use of equipment, poses, moves and instruction are not required to be performed by you. It is your sole responsibility to determine if any such is carried out by you while viewing our yoga class videos. Nothing contained in the Service should be construed as any form of such medical advice or diagnosis.
You understand and acknowledge that it is your sole responsibility to determine if any suggested adjustment or equipment is appropriate for your level of ability and physical and mental condition.
You expressly waive and release any claim that you may have at any time for injury of any kind against It’s All Yoga, or any person or entity involved with It’s All Yoga, including without limitation its directors, employees, instructors, independent contractors, agents, contractors, affiliates, representatives and successors.
ORDER/SUBSCRIPTION ACCEPTANCE AND CANCELLATION
You agree that Your order/subscription is an offer to buy, under these Terms, all Services and Products listed in Your order/subscription. All orders and subscriptions must be accepted by Us or we will not be obligated to sell the Services and Products to You. We may choose not to accept orders or subscriptions at our sole discretion, even after we send You a confirmation email with Your order or subscription number and details of the items You have ordered or subscribed.
PERMITTED USE
Access to and use of the Website is permitted only for personal and/or educational use and non-commercial purposes, and as intended trough the normal functionality of It’s All Yoga Service.
You may access and download the Materials and store a copy on a temporary basis for the sole purpose of viewing such Material without alteration or addition. You may print Material (other than third party copyright material) provided that it is to be used for personal and/or educational but not commercial purposes.
You may stream our video Materials (streaming is contemporaneous digital transmission of an audiovisual work via the Internet from our service to a user’s device in such a manner that the data is intended for real-time viewing and not intended to be copied, stored, permanently downloaded, or redistributed by the user). Accessing videos via our Service for any purpose or in any manner other than streaming is expressly prohibited. When you stream It’s All Yoga Materials, the resolution and quality of Material you receive will depend on a number of factors, including the type of device you are using and your bandwidth, which may fluctuate during the course of your viewing. While we strive to provide a quality viewing experience, we make no guarantee as to the resolution or quality of the streaming It’s All Yoga Materials you will receive.
INTELLECTUAL PROPERTY RIGHTS
The Website and its entire contents, features, and functionality (including but not limited to all information, software, text, displays, images, video, and audio, and the design, selection, and arrangement thereof) are owned by the Company, its licensors, or other providers of such Material and are protected by US and international copyright, trademark, patent, trade secret, and other intellectual property or proprietary rights laws.
These Terms permit You to use the Website for Your personal, non-commercial use only. You must not reproduce, distribute, modify, create derivative works of, publicly display, publicly perform, republish, download, store, or transmit any of the Materials on our Website, except as follows:
Your computer may temporarily store copies of such Materials in RAM incidental to Your accessing and viewing those Materials.
You may store files that are automatically cached by Your Web browser for display enhancement purposes.
You may print or download one copy of a reasonable number of pages of the Website for Your own personal, non-commercial use and not for further reproduction, publication, or distribution.
If we provide desktop, mobile, or other applications for download, You may download a single copy to Your computer or mobile device solely for Your own personal, non-commercial use, provided You agree to be bound by our end user license agreement for such applications.
If we provide social media features with certain content, You may take such actions as are enabled by such features.
You must not:
Modify copies of any Materials from this Website.
Delete or alter any copyright, trademark, or other proprietary rights notices from copies of Materials from this Website.
You must not access or use for any commercial purposes any part of the Website or any Services and Products or Materials available through the Website.
If You wish to make any use of Material on the Website other than that set out in this section, please address Your request to: michelle@michellemarlahan.com.
If You print, copy, modify, download, or otherwise use or provide any other person with access to any part of the Website in breach of these Terms, Your right to use the Website will stop immediately and You must, at our option, return or destroy any copies of the Materials You have made. No right, title, or interest in or to the Website or any content on the Website is transferred to You, and all rights not expressly granted are reserved by the Company. Any use of the Website not expressly permitted by these Terms is a breach of these Terms and may violate copyright, trademark, and other laws.
RELIANCE ON INFORMATION POSTED
The information presented on or through the Website is made available solely for general information purposes. We do not warrant the accuracy, completeness, or usefulness of this information. Any reliance You place on such information is strictly at Your own risk. We disclaim all liability and responsibility arising from any reliance placed on such materials by You or any other visitor to the Website, or by anyone who may be informed of any of its contents.
This Website content provided by third parties, including materials provided by other users, bloggers, and third-party licensors, syndicators, aggregators, and/or reporting services. All statements and/or opinions expressed in these materials, and all articles and responses to questions and other content, other than the content provided by the Company, are solely the opinions and the responsibility of the person or entity providing those materials. These materials do not necessarily reflect the opinion of the Company. We are not responsible, or liable to You or any third party, for the content or accuracy of any materials provided by any third parties.
PROHIBITED USES
You may use the Website only for lawful purposes and in accordance with these Terms. You agree not to use the Website:
In any way that violates any applicable federal, state, local, or international law or regulation (including, without limitation, any laws regarding the export of data or software to and from the US or other countries).
For the purpose of exploiting, harming, or attempting to exploit or harm minors in any way by exposing them to inappropriate content, asking for personally identifiable information, or otherwise.
To transmit, or procure the sending of, any advertising or promotional material, including any “junk mail,” “chain letter,” “spam,” or any other similar solicitation.
To impersonate or attempt to impersonate the Company, a Company employee, another user, or any other person or entity (including, without limitation, by using email addresses associated with any of the foregoing).
To engage in any other conduct that restricts or inhibits anyone’s use or enjoyment of the Website, or which, as determined by Us, may harm the Company or users of the Website, or expose them to liability.
Additionally, You agree not to:
Use the Website in any manner that could disable, overburden, damage, or impair the Website or interfere with any other party’s use of the Website, including their ability to engage in real time activities through the Website.
Use any robot, spider, or other automatic device, process, or means to access the Website for any purpose, including monitoring or copying any of the Material on the Website.
Use any manual process to monitor or copy any of the Material on the Website, or for any other purpose not expressly authorized in these Terms, without our prior written consent.
Use any device, software, or routine that interferes with the proper working of the Website.
Introduce any viruses, Trojan horses, worms, logic bombs, or other material that is malicious or technologically harmful.
Attempt to gain unauthorized access to, interfere with, damage, or disrupt any parts of the Website, the server on which the Website is stored, or any server, computer, or database connected to the Website.
Attack the Website via a denial-of-service attack or a distributed denial-of-service attack.
Otherwise attempt to interfere with the proper working of the Website.
LINKING TO THE WEBSITE AND SOCIAL MEDIA FEATURES
You may link to our website, provided You do so in a way that is fair and legal and does not damage our reputation or take advantage of it, but You must not establish a link in such a way as to suggest any form of association, approval, or endorsement on our part. We do not accept framing, deep linking and in-line linking of our Materials and content.
SOCIAL MEDIA FEATURES
THIS WEBSITE MAY PROVIDE CERTAIN SOCIAL MEDIA FEATURES THAT ENABLE YOU TO:
Link from Your own or certain third-party websites to certain content on this Website.
Send emails or other communications with certain content, or links to certain content, on this Website.
Cause limited portions of content on this Website to be displayed or appear to be displayed on Your own or certain third-party websites.
You may use these features solely as they are provided by Us solely with respect to the content they are displayed with. Subject to the foregoing, You must not:
Establish a link from any website that is not owned by You.
Otherwise take any action with respect to the Materials on this Website that is inconsistent with any other provision of these Terms.
We reserve the right to withdraw linking permission without notice.
We may disable all or any social media features and any links at any time without notice in our discretion.
THIRD PARTY LINKS AND CONTENT
The Company may occasionally post links to third party websites or other services. You agree that the Company is not responsible or liable for any loss or damage caused as a result of Your use of any third party services linked to from Our Website. We may have affiliate links and sponsored content, as disclosed in our Disclaimer, incorporated herein by reference.
DATA LOSS
The Company does not accept responsibility for the security of Your account or content. You agree that Your use of the Website or Services or Products is at Your own risk.
SERVICE INTERRUPTIONS
The Company may need to interrupt Your access to the Website to perform maintenance or emergency services on a scheduled or unscheduled basis. You agree that Your access to the Website may be affected by unanticipated or unscheduled downtime, for any reason, but that the Company shall have no liability for any damage or loss caused as a result of such downtime.
INTERNATIONAL USE
Due to the global nature of the Internet, you agree to comply with all local rules regarding online conduct and acceptable Content. Specifically, 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.
USER CONTRIBUTIONS
The Website may contain message boards, chat rooms, personal web pages or profiles, forums, bulletin boards, and other interactive features (collectively, “Interactive Services“) that allow users to post, submit, publish, display, or transmit to other users or other persons (hereinafter, “post“) content or materials (collectively, “User Contributions“) on or through the Website.
All User Contributions must comply with the Content Standards set out in these Terms.
Any User Contribution you post to the site will be considered non-confidential and non-proprietary. By providing any User Contribution on the Website, you grant us and our respective licensees, successors, and assigns the right to use, reproduce, modify, perform, display, distribute, and otherwise disclose to third parties any such material for any purpose/according to your account settings.
You represent and warrant that:
You own or control all rights in and to the User Contributions and have the right to grant the license granted above to us and our licensees, successors, and assigns.
All of your User Contributions do and will comply with these Terms.
You understand and acknowledge that you are responsible for any User Contributions you submit or contribute, and you, not the Company, have full responsibility for such content, including its legality, reliability, accuracy, and appropriateness.
We are not responsible or liable to any third party for the content or accuracy of any User Contributions posted by you or any other user of the Website.
CONTENT STANDARDS
These content standards apply to any and all User Contributions and use of Interactive Services. User Contributions must in their entirety comply with all applicable local and international laws and regulations. Without limiting the foregoing, User Contributions must not:
Contain any material that is defamatory, obscene, indecent, abusive, offensive, harassing, violent, hateful, inflammatory, or otherwise objectionable.
Promote sexually explicit or pornographic material, violence, or discrimination based on race, sex, religion, nationality, disability, sexual orientation, or age.
Infringe any patent, trademark, trade secret, copyright, or other intellectual property or other rights of any other person.
Violate the legal rights (including the rights of publicity and privacy) of others or contain any material that could give rise to any civil or criminal liability under applicable laws or regulations or that otherwise may be in conflict with these Terms and our Privacy Policy [PRIVACY POLICY ADDRESS].
Be likely to deceive any person.
Promote any illegal activity, or advocate, promote, or assist any unlawful act.
Cause annoyance, inconvenience, or needless anxiety or be likely to upset, embarrass, alarm, or annoy any other person.
Impersonate any person, or misrepresent your identity or affiliation with any person or organization.
Involve commercial activities or sales, such as contests, sweepstakes, and other sales promotions, barter, or advertising.
Give the impression that they emanate from or are endorsed by us or any other person or entity, if this is not the case.
MONITORING AND ENFORCEMENT
We have the right to:
Remove or refuse to post any User Contributions for any or no reason in our sole discretion.
Take any action with respect to any User Contribution that we deem necessary or appropriate in our sole discretion, including if we believe that such User Contribution violates the Terms, including the Content Standards, infringes any intellectual property right or other right of any person or entity, threatens the personal safety of users of the Website or the public, or could create liability for the Company.
Disclose your identity or other information about you to any third party who claims that material posted by you violates their rights, including their intellectual property rights or their right to privacy.
Take appropriate legal action, including without limitation, referral to law enforcement, for any illegal or unauthorized use of the Website.
Without limiting the foregoing, we have the right to cooperate fully with any law enforcement authorities or court order requesting or directing us to disclose the identity or other information of anyone posting any materials on or through the Website.
However, we cannot review all material before it is posted on the Website, and cannot ensure prompt removal of objectionable material after it has been posted. Accordingly, we assume no liability for any action or inaction regarding transmissions, communications, or content provided by any user or third party. We have no liability or responsibility to anyone for performance or nonperformance of the activities described in this section.
PRIVACY
We respect Your privacy and are committed to protecting it. Our Privacy Policy, [WEBSITE ADDRESS], governs the processing of all personal data collected from You in connection with Your purchase of Services and Products through the Website.
PRICES AND PAYMENT TERMS
All prices, discounts, and promotions posted on this Website are subject to change without notice. The price charged for a product or service will be the price in effect at the time the order is placed and will be set out in your order confirmation email. Price increases will only apply to orders placed after such changes. Posted prices do not include charges for shipping and handling. All such charges will be added to your merchandise total, and will be itemized in your shopping cart and in your order confirmation email. We strive to display accurate price information, however we may, on occasion, make inadvertent typographical errors, inaccuracies or omissions related to pricing and availability. We reserve the right to correct any errors, inaccuracies, or omissions at any time and to cancel any orders arising from such occurrences.
We may offer from time to time promotions on the Website that may affect pricing and that are governed by terms and conditions separate from these Terms. If there is a conflict between the terms for a promotion and these Terms, the promotion terms will govern.
Terms of payment are within our sole discretion and, unless otherwise agreed by us in writing, payment must be received by us before our acceptance of an order.
We accept Paypal, Venmo and Moonclerk for all purchases. You represent and warrant that (i) the credit card information you supply to us is true, correct and complete, (ii) you are duly authorized to use such credit card for the purchase, (iii) charges incurred by you will be honored by your credit card company, and (iv) you will pay charges incurred by you at the posted prices, including shipping and handling charges and all applicable taxes, if any, regardless of the amount quoted on the Website at the time of your order.
SHIPMENTS; DELIVERY; TITLE AND RISK OF LOSS
We will arrange for shipment of the products to You. Please check the individual product page for specific delivery options. You will pay all shipping and handling charges specified during the ordering process. Shipping and handling charges are reimbursement for the costs we incur in the processing, handling, packing, shipping, and delivery of Your order.
Title and risk of loss pass to You upon our transfer of the products to the carrier/delivery. Shipping and delivery dates are estimates only and cannot be guaranteed. We are not liable for any delays in shipments.
RETURNS AND REFUNDS
Except for any products designated on the Website as final sale or non-returnable, we will accept a return of the T-Shirts for a refund of Your purchase price, less the original shipping and handling costs, provided such return is made within 14 days of delivery with valid proof of purchase and provided such products are returned in their original condition.
You are responsible for all shipping and handling charges on returned items unless otherwise specified. You bear the risk of loss during shipment. We therefore strongly recommend that You fully insure Your return shipment against loss or damage and that You use a carrier that can provide You with proof of delivery for Your protection.
Refunds are processed within approximately 5 business days of our receipt of Your merchandise. Your refund will be credited back to the same payment method used to make the original purchase on the Website. WE OFFER NO REFUNDS ON ANY PRODUCTS DESIGNATED ON THIS SITE AS NON-RETURNABLE.
For defective returns, please refer to the manufacturer's warranty (see Section Manufacturer’s Warranty) included with the product or as detailed in the product's description on our Website.
TERM AND TERMINATION
These Terms shall remain in full force and effect for so long as they are posted on the Website.
You may terminate your subscription at any time, for any reason, by following the instructions on the Website by contacting michelle@michellemarlahan.com. If you cancel your membership before the end of the applicable billing cycle, your account will be cancelled as of the following month. You will not receive a refund for the current billing period.
It's All Yoga reserves the right to terminate your account or your access to the Service immediately, with or without notice to you, and without liability to you, if we believe that You have breached any of the terms of this Agreement, furnished Us with false or misleading information, or interfered with use of the Service by others.
When you close or de-activate your account or if your account is otherwise terminated, we have the right, but not the obligation, to store your personal information, settings, and saved and completed classes. Unless we have exercised our right to terminate your account, you can re-activate your account at any time by contacting Us.
It’s All Yoga reserves the right, in its sole discretion, to terminate your access to the Website and the related Services or any portion thereof with or without cause at any time.
MANUFACTURER’S WARRANTY AND DISCLAIMERS
We do not manufacture or control any of the Services and Products offered on our Website. The availability of Services and Products through our Website does not indicate an affiliation with or endorsement of any product, service or manufacturer. Accordingly, we do not provide any warranties with respect to the Services and Products offered on our Website. However, the Services and Products offered on our Website are covered by the manufacturer’s warranty as detailed in the product’s description on our Website and included with the product. To obtain warranty service for defective products, please follow the instructions included in the manufacturer’s warranty.
ALL PRODUCTS AND SERVICES OFFERED ON THIS SITE ARE PROVIDED “AS IS” WITHOUT ANY WARRANTY WHATSOEVER, INCLUDING, WITHOUT LIMITATION, ANY (A) WARRANTY OF MERCHANTABILITY; (B) WARRANTY OF FITNESS FOR A PARTICULAR PURPOSE; OR (C) WARRANTY AGAINST INFRINGEMENT OF INTELLECTUAL PROPERTY RIGHTS OF A THIRD PARTY; WHETHER EXPRESS OR IMPLIED BY LAW, COURSE OF DEALING, COURSE OF PERFORMANCE, USAGE OF TRADE, OR OTHERWISE.
SOME JURISDICTIONS LIMIT OR DO NOT ALLOW THE DISCLAIMER OF IMPLIED OR OTHER WARRANTIES SO THE ABOVE DISCLAIMER MAY NOT APPLY TO YOU.
YOU AFFIRM THAT WE SHALL NOT BE LIABLE, UNDER ANY CIRCUMSTANCES, FOR ANY BREACH OF WARRANTY CLAIMS OR FOR ANY DAMAGES ARISING OUT OF THE MANUFACTURER'S FAILURE TO HONOR ITS WARRANTY OBLIGATIONS TO YOU.
NO WARRANTIES
You agree that Your use of the Website and Services is at Your sole and exclusive risk and that any Services provided by Us are on an "As Is" basis. The Company hereby expressly disclaims any and all express or implied warranties of any kind, including, but not limited to the implied warranty of fitness for a particular purpose and the implied warranty of merchantability. The Company makes no warranties that the Website or Services will meet Your needs or that the Website or Services will be uninterrupted, error-free, or secure. The Company also makes no warranties as to the reliability or accuracy of any information on the Website or obtained through the Services. You agree that any damage that may occur to You, through Your computer system, or as a result of loss of Your data from Your use of the Website or Services is Your sole responsibility and that the Company is not liable for any such damage or loss.
We do not represent that our Website is governed by or operated in accordance with the laws of other nations. Your Use of the Website may not be legal in Your jurisdiction. Therefore, Your Use of the Website is on Your own initiative and at Your own risk, and You are responsible for compliance with all applicable laws if, and to the full extent that, such laws and restrictions are applicable. We reserve the right to limit, in our sole discretion, the provision of any feature or function of the Website to any person and/or geographic area. Any offer for any feature or function made on the Website is void where prohibited.
SOME JURISDICTIONS LIMIT OR DO NOT ALLOW THE DISCLAIMER OF IMPLIED OR OTHER WARRANTIES SO THE ABOVE DISCLAIMER MAY NOT APPLY TO YOU. THE FOREGOING DOES NOT AFFECT ANY WARRANTIES THAT CANNOT BE EXCLUDED OR LIMITED UNDER APPLICABLE LAW.
LIMITATION OF LIABILITY
IN NO EVENT SHALL WE OR OUR AFFILIATES, OR OUR LICENSORS, SERVICE PROVIDERS, EMPLOYEES, AGENTS, OFFICERS, OR DIRECTOR BE LIABLE TO YOU OR ANY THIRD PARTY FOR CONSEQUENTIAL, INDIRECT, INCIDENTAL, SPECIAL, EXEMPLARY, PUNITIVE OR ENHANCED DAMAGES, LOST PROFITS OR REVENUES OR DIMINUTION IN VALUE, INCLUDING, BUT NOT LIMITED TO, PERSONAL INJURY, EMOTIONAL DISTRESS, LOSS OF PROFIT, LOSS OF BUSINESS, LOSS OF DATA, LOSS OF GOODWILL OR ANY OTHER LOSS ARISING OUT OF, OR RELATING TO, AND/OR IN CONNECTION WITH ANY BREACH OF THESE TERMS, ACCESS TO THE WEBSITE, OR INABILITY TO USE THE WEBSITE, REGARDLESS OF (A) WHETHER SUCH DAMAGES WERE FORESEEABLE, (B) WHETHER OR NOT WE WERE ADVISED OF THE POSSIBILITY OF SUCH DAMAGES AND (C) THE LEGAL OR EQUITABLE THEORY (CONTRACT, TORT OR OTHERWISE) UPON WHICH THE CLAIM IS BASED.
OUR SOLE AND ENTIRE MAXIMUM LIABILITY, FOR ANY REASON, AND YOUR SOLE AND EXCLUSIVE REMEDY FOR ANY CAUSE WHATSOEVER, SHALL BE LIMITED TO THE ACTUAL AMOUNT PAID BY YOU FOR THE PRODUCTS AND SERVICES YOU HAVE ORDERED THROUGH OUR SITE.
THE FOREGOING DOES NOT AFFECT ANY LIABILITY THAT CANNOT BE EXCLUDED OR LIMITED UNDER APPLICABLE LAW.
INDEMNIFICATION
You agree to defend and indemnify the Company and any of its affiliates and hold Us harmless against any and all legal claims and demands, including reasonable attorney's fees, which may arise from or relate to Your use or misuse of the Website or Services, Your breach of these Terms, or Your conduct or actions. You agree that the Company shall be able to select its own legal counsel and may participate in its own defense, if the Company wishes.
GOVERNING LAW AND JURISDICTION
This Website is operated from the US. All matters arising out of or relating to these Terms are governed by and construed in accordance with the internal laws of the State of California without giving effect to any choice or conflict of law provision or rule (whether of the State of California or any other jurisdiction) that would cause the application of the laws of any jurisdiction other than those of the State of California. You hereby waive the right to any objection of venue, including assertion of the doctrine of forum non conveniens or similar doctrine.
DISPUTE RESOLUTION AND BINDING ARBITRATION
YOU AND IT’S ALL YOGA ARE AGREEING TO GIVE UP ANY RIGHTS TO LITIGATE CLAIMS IN A COURT OR BEFORE A JURY, OR TO PARTICIPATE IN A CLASS ACTION OR REPRESENTATIVE ACTION WITH RESPECT TO A CLAIM. OTHER RIGHTS THAT YOU WOULD HAVE IF YOU WENT TO COURT MAY ALSO BE UNAVAILABLE OR MAY BE LIMITED IN ARBITRATION.
ANY CLAIM, DISPUTE OR CONTROVERSY (WHETHER IN CONTRACT, TORT OR OTHERWISE, WHETHER PRE-EXISTING, PRESENT OR FUTURE, AND INCLUDING STATUTORY, CONSUMER PROTECTION, COMMON LAW, INTENTIONAL TORT, INJUNCTIVE AND EQUITABLE CLAIMS) BETWEEN YOU AND US ARISING FROM OR RELATING IN ANY WAY TO YOUR PURCHASE OF PRODUCTS OR SERVICES THROUGH THE SITE, WILL BE RESOLVED EXCLUSIVELY AND FINALLY BY BINDING ARBITRATION.
The arbitration will be administered by the American Arbitration Association ("AAA") in accordance with the Consumer Arbitration Rules (the "AAA Rules") then in effect, except as modified by this Section. If for any reason the AAA is unavailable, the parties shall mutually select another arbitration forum. The Federal Arbitration Act will govern the interpretation and enforcement of this section.
The arbitrator will have exclusive authority to resolve any dispute relating to arbitrability and/or enforceability of this arbitration provision, including any unconscionability challenge or any other challenge that the arbitration provision or the agreement is void, voidable, or otherwise invalid. The arbitrator will be empowered to grant whatever relief would be available in court under law or in equity. Any award of the arbitrator(s) will be final and binding on each of the parties, and may be entered as a judgment in any court of competent jurisdiction.
You agree to an arbitration on an individual basis. In any dispute, NEITHER YOU NOR IT’S ALL YOGA WILL BE ENTITLED TO JOIN OR CONSOLIDATE CLAIMS BY OR AGAINST OTHER CUSTOMERS IN COURT OR IN ARBITRATION OR OTHERWISE PARTICIPATE IN ANY CLAIM AS A CLASS REPRESENTATIVE, CLASS MEMBER OR IN A PRIVATE ATTORNEY GENERAL CAPACITY. The arbitral tribunal may not consolidate more than one person's claims, and may not otherwise preside over any form of a representative or class proceeding. The arbitral tribunal has no power to consider the enforceability of this class arbitration waiver and any challenge to the class arbitration waiver may only be raised in a court of competent jurisdiction.
Notwithstanding the foregoing binding arbitration procedure, either party may bring an individual action in small claims court (provided the claim otherwise qualifies for such a program) as an alternative to proceeding with arbitration.
Notwithstanding the foregoing binding arbitration procedure, Intellectual property claims by the Company will not be subject to arbitration and may, as an exception to this provision, be litigated.
If any provision of this arbitration agreement is found unenforceable, the unenforceable provision will be severed and the remaining arbitration terms will be enforced.
FORCE MAJEURE
We will not be liable or responsible to You, nor be deemed to have defaulted or breached these Terms, for any failure or delay in our performance under these Terms when and to the extent such failure or delay is caused by or results from acts or circumstances beyond our reasonable control, including, without limitation, acts of God, flood, fire, earthquake, explosion, governmental actions, war, invasion or hostilities (whether war is declared or not), terrorist threats or acts, riot or other civil unrest, national emergency, revolution, insurrection, epidemic, lockouts, strikes or other labor disputes (whether or not relating to our workforce), or restraints or delays affecting carriers or inability or delay in obtaining supplies of adequate or suitable materials, materials or telecommunication breakdown or power outage.
ASSIGNMENT
These Terms, or the rights granted hereunder, may not be assigned, sold, leased or otherwise transferred in whole or part by You. Should these Terms, or the rights granted hereunder, by assigned, sold, leased or otherwise transferred by the Company, the rights and liabilities of the Company will bind and inure to any assignees, administrators, successors, and executors.
SEVERABILITY
If any part or sub-part of these Terms is held invalid or unenforceable by a court of law or competent arbitrator, the remaining parts and sub-parts will be enforced to the maximum extent possible. In such condition, the remainder of these Terms shall continue in full force.
NO WAIVER
In the event that We fail to enforce any provision of these Terms, this shall not constitute a waiver of any future enforcement of that provision or of any other provision. Waiver of any part or sub-part of these Terms will not constitute a waiver of any other part or sub-part.
HEADINGS
Headings of parts and sub-parts under these Terms are for convenience and organization, only. Headings shall not affect the meaning of any provisions of these Terms.
NO AGENCY, PARTNERSHIP OR JOINT VENTURE
No agency, partnership, or joint venture has been created between the Parties as a result of these Terms. No Party has any authority to bind the other to third parties.
NO THIRD-PARTY BENEFICIARIES
These Terms do not and are not intended to confer any rights or remedies upon any person other than You.
NOTICES
To You. We may provide any notice to You under these Terms by: (i) sending a message to the email address You provide or (ii) by posting to the Website. Notices sent by email will be effective when we send the email and notices we provide by posting will be effective upon posting. It is Your responsibility to keep Your email address current.
To Us. To give Us notice under these Terms, You must contact Us as follows: (i) by sending a message to the email address michelle@michellemarlahan.com; or (ii) by personal delivery, overnight courier, or registered or certified mail to It’s All Yoga, 2758 13th Street, Sacramento, CA 95818, United States. We may update address for notices to Us by posting a notice on the Website. Notices provided by personal delivery will be effective immediately. Notices provided by facsimile transmission or overnight courier will be effective one business day after they are sent. Notices provided by registered or certified mail will be effective three business days after they are sent.
DISCLAIMER OF TESTIMONIALS
We may provide testimonials on this website. Please read our Disclaimer [DISCLAIMER LINK] to understand how we may use these.
MODIFICATION
The Company may, from time to time and at any time without notice to You, modify these Terms. You agree that the Company has the right to modify these Terms or revise anything contained herein. You further agree that all modifications to these Terms are in full force and effect immediately upon posting on the Website and that modifications or variations will replace any prior version of these Terms, unless prior versions are specifically referred to or incorporated into the latest modification or variation of these Terms.
To the extent any part or sub-part of these Terms is held ineffective or invalid by any court of law, You agree that the prior, effective version of these Terms shall be considered enforceable and valid to the fullest extent.
You agree to routinely monitor these Terms and refer to the Effective Date posted at the top of these Terms to note modifications or variations. You further agree to clear Your cache when doing so to avoid accessing a prior version of these Terms. You agree that Your continued use of the Website after any modifications to these Terms is a manifestation of Your continued assent to these Terms.
In the event that You fail to monitor any modifications to or variations of these Terms, You agree that such failure shall be considered an affirmative waiver of Your right to review the modified Agreement.
ENTIRE AGREEMENT
Our order/subscription confirmation, these Terms, our Disclaimer and our Privacy Policy will be deemed the final and integrated agreement between You and Us on the matters contained in these Terms. These Terms supersedes and replaces all prior or contemporaneous agreements or understandings, written or oral, regarding the use of this Website.
LANGUAGE
All communications made or notices given pursuant to these Terms shall be in the English language.