The Institute for Living Yoga, YogaLife, Inc, DAYA Foundation, and Hunger, Hope & Healing (“We,” “Us,” “Our”) provide various training services, yoga services, products and goods through this Website (the “Service”). These Services are offered subject to Your acceptance of these Terms as well as any relevant sections of the Privacy Policies.
Please read these notices, terms, and conditions (“Terms”) carefully before using Our Services.
BY VISITING THIS WEBSITE, YOU ACKNOWLEDGE THAT YOU: a) HAVE READ THESE TERMS, b) UNDERSTAND THESE TERMS, AND c) ACCEPT AND AGREE TO BE BOUND BY THEM.
You must be at least 18 years old to access this Website or to purchase products and/or Services from us. You agree that you are accessing the Services on Our Website for business purposes. If you are using the Service on behalf of an organization, you are agreeing to these Terms for that organization and confirming now to the Institute, YogaLife, Inc, DAYA Foundation and Hunger, Hope & Healing that you have the authority to bind said organization to Our Terms of Service (in which event, “You” and “Your” will refer to that organization).
If you do not agree with these Terms, or are under 18 years old, please do not use the Services or Our Website. If at any time you are not willing to be bound by these Terms, You should: a) click the “I do not accept” or similar button, b) terminate any download and/or installation process, c) immediately cease and refrain from accessing or using the program, and d) delete any copies you may have.
ACCOUNTS
As part of the registration or account creation process, you will create or receive personally identifying login credentials for our learning platforms. Certain personally identifying information, such as email address, phone number, billing address and even payment information (as may be applicable to particular Services which may be offered for sale via this Website), may also be required. Such registration information must be accurate and current.
The benefits, rights, and obligations afforded under these Terms are personal to You. You agree not to assign, sublicense, transfer, pledge, sell, lease, rent, lend, or otherwise dispose of the Services and materials (including, but not limited to, audio and/or visual presentations, documentation, software, printed or digital materials, and other elements characterizing Our Services, also known as the “Content”) on this Website, or any part of such Content, or share your rights under these Terms to and with others.
You agree that You will not provide false information to Us in generating Your account. Specifically, You agree that you will not (i) select or use the login credentials of another person or company with the intent to impersonate that person or company; or (ii) use login credentials in which another person or company has rights without such person’s or company’s authorization.
Failure to comply with the foregoing shall constitute a breach of these Terms, which may result in immediate suspense or termination of your account.
Only authorized users, who have duly attained access to the Content by personally agreeing to these Terms are permitted participation in and use of the Services, Content, and related materials. Except as expressly authorized by these Terms. You shall not provide or make available any Content, or any license key to any third party, or use the Content, or any license key, to teach any third party any portion of the Services or for any purpose other than exercising rights expressly granted to you by these Terms.
You are responsible for maintaining the confidentiality of Your login credentials. We reserve the right to terminate or suspend Your access to the Services if You share Your credentials or transfer such credentials to another party. You are responsible for all usage or activity on your account on this Website and related Social Media, including use of the account by any third party authorized by you to use your login credentials.
NO REFUNDS
Unless otherwise stated in writing with respect to particular Services offered for sale via this Website, The Institute for Living Yoga, YogaLife, Inc, DAYA Foundation and Hunger, Hope & Healing abide by a strict, no refund policy. By accepting these Terms, You agree and understand that you are foregoing the right to claim any refund of fees paid for access and use of the Services offered via this Website.
NO WARRANTIES
By accepting these Terms, You agree and understand that We provide seminars and business coaching services only and guarantee no specific results. You acknowledge that We make no promise or representation that You will make a certain amount of money, or any money, or that you will not lose money, as a result of using these Services.
There are unknown risks in any business, particularly with the Internet where advances and changes can happen quickly. The use of our information, products and services should be based on your own due diligence and YOU AGREE THAT WE ARE NOT LIABLE FOR YOUR SUCCESS OR FAILURE.
In accepting these Terms, You acknowledge that You take full responsibility for your own success.
In no event will We be liable to You or any party related to You for any damage, including damages for loss of business profits or other pecuniary loss, whether under a theory of contract, warranty, tort (including negligence) products liability or otherwise, even if We have been advised of the possibility of such damages. As such THE SERVICES, CONTENT AND ALL DOWNLOADABLE SOFTWARE ARE DISTRIBUTED AS AN “AS IS” BASIS WITHOUT WARRANTIES OF ANY KIND, EITHER EXPRESS OR IMPLIED, INCLUDING WITHOUT LIMITATION, WARRANTIES OF TITLE OR IMPLIED WARRANTIES OF MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE.
YOU HEREBY ACKNOWLEDGE THAT USE OF THE SERVICES IS AT YOUR OWN RISK.
Limitations herein described shall be applied to the greatest extent enforceable under applicable law.
CONSENT TO USE INFORMATION
By accepting these Terms, you agree that We may collect, use and disclose your identifying information obtained as a result of Your membership, for the following purposes: (i) the processing of this membership application; and (ii) the administration of the membership with our organization.
Please visit the Privacy Policy for further details on our data protection policy, including how You may access and correct your personal information or withdraw consent to the collection, use or disclosure of your personal information.
Additionally when You communicate with Us, send Us information, or provide Content to Us, You grant Us a non-exclusive, worldwide, perpetual, royalty-free right to exercise all copyright and publicity rights that You have in such Content, in any manner whatsoever, in any media now known or which may be created in the future, as relates to this Website, the Services, and related Social Media.
INTELLECTUAL PROPERTY STATEMENT
The contents of the Services, including the Website, Content, Training Materials, Course Materials and other materials made available via related Social Media, are protected by United States copyright, trademark and other intellectual property laws and international treaties and owned or controlled by The Institute for Living Yoga, YogaLife, Inc, DAYA Foundation, Hunger, Hope & Healing or the party credited as the provider of the Content. You agree to abide by all additional copyright notices, information, or restrictions contained in any Content accessed through the Services.
By accepting these Terms, You further acknowledge and agree that We and Our third party licensors own and shall continue to own all right, title, and interest in and to the Content and other elements of Our Services, including associated intellectual property rights under copyright, trade secret, patent, or trademark laws.
Except for any limited, revocable license expressly granted to you herein, these Terms do not grant you any ownership or other right or interest in or to the Content and/or other elements of the Services, or any other intellectual property rights of Ours, whether by implication, estoppel, or otherwise. Any and all trademarks or service marks that We use in connection with the Services are marks owned by Us. These Terms do not grant you any right, license, or interest in such marks, and you shall not assert any right, license, or interest in such marks or any words or designs that are confusingly similar to such marks.
You may not modify, publish, transmit, participate in the transfer or sale of, reproduce (except where expressly permitted for the storage of downloadable material), create new works from, distribute, perform, display, or in any way exploit, any of the Content or the Services (including software) in whole or in part.
MESSAGING
This SMS message program is a service of The Institute of Living Yoga, YogaLife, Inc, DAYA Foundation and Hunger, Hope & Healing (“We,” “Us,” “Our”). By providing your cell phone number, you agree to receive recurring automated promotional and personalized marketing text messages (e.g., SMS/MMS cart reminders, sale notices, etc) from The Institute for Living Yoga, Yogalife, Inc., DAYA Foundation, and Hunger, Hope & Healing. These messages include text messages that may be sent using an automatic telephone dialing system, to the mobile telephone number you provided when signing up or any other number that you designate. You give Us permission to send text messages to the enrolled cell phone number through your wireless phone carrier, unless and until you end permission per these Terms & Conditions. Consent to receive automated marketing text messages is not a condition of any purchase. Message & data rates may apply. Message frequency may vary. We. reserves the right to alter the frequency of messages sent at any time, so as to increase or decrease the total number of sent messages. We also reserves the right to change the short code or phone number from which messages are sent and we will notify you if we do so.
Not all mobile devices or handsets may be supported and our messages may not be deliverable in all areas. Neither we nor our service providers and the mobile carriers supported by the program are not liable for delayed or undelivered messages. By enrolling in the messaging program, you also agree to these messaging terms & conditions (“Messaging Terms”), our Terms of Conditions and Privacy Policy. Cancellation: Text the keyword STOP, STOPALL, END, CANCEL, UNSUBSCRIBE or QUIT to the telephone number, long code, or short code that sends you our initial confirmation message to cancel. After texting STOP, STOPALL, END, CANCEL, UNSUBSCRIBE or QUIT to the telephone number, long code, or short code that sends you our initial confirmation message you will receive one additional message confirming that your request has been processed. If you change your preferences, it may take up to 48 hours for it to take effect. You acknowledge that our text message platform may not recognize and respond to unsubscribe requests that do not include the STOP, STOPALL, END, CANCEL, UNSUBSCRIBE or QUIT keyword commands and agree that We and our service providers will have no liability for failing to honor such requests. If you unsubscribe from one of our text message programs, you may continue to receive text messages from Us through any other programs you have joined until you separately unsubscribe from those programs.
Indemnity: To the maximum extent allowed by applicable law, you agree to indemnify, defend and hold harmless The Institute of Living Yoga, YogaLife, Inc, DAYA Foundation and Hunger, Hope & Healing “We,” “Us,” “Our”), its directors, officers, employees, servants, agents, representatives, independent contractors and affiliates from and against any and all claims, damages, liabilities, actions, causes of action, costs, expenses, including reasonable attorneys’ fees, judgments or penalties of any kind or nature arising from or in relation to the these Messaging Terms or your receipt of text messages from Us or our service providers.
Changes to the Messaging Terms: We reserve the right to change these Messaging Terms or cancel the messaging program at any time. By using and accepting messages from Us after we make changes to the Messaging Terms, you are accepting the Messaging Terms with those changes. Please check these Messaging Terms regularly.
TERMINATION
We may elect to terminate the Services on this Website at Our discretion without notice to You or any liability for any reasons whatsoever, including without limitation, if You breach these Terms. You may terminate any account You establish via this website at any time upon written notice to Us.
MISCELLANEOUS
These Terms may not be modified or amended orally, impliedly, or in any manner not set forth in a duly executed writing or otherwise permitted by these Terms.
We reserve the right to modify, terminate, or otherwise amend Services available via this Website and related Social Media accounts. We may, in the future, offer new and/or different services and/or features through its Website and associated Social Media accounts. Such new features and/or services shall be subject to these Terms.
Our failure to enforce any rights granted by these Terms or to take action against any other party in the event of any breach shall not be deemed a waiver by Us as to subsequent enforcement of rights or subsequent actions in the event of future breaches. These Terms in all respects shall be governed by and construed according to the laws of Oregon. The venue for any dispute shall be in the United States of America.
This Agreement is entered into Multnomah County, Oregon. You agree and consent to the exclusive jurisdiction and venue of the state of Oregon and county of Multnomah for any dispute arising from or related to this Agreement.
Should any part of these Terms be declared void or unenforceable, that term shall be severed from these Terms and such declaration shall have no effect on the enforceability of the remaining terms. Correspondence should be sent to [email protected]
