Last modified: March 5, 2017
Welcome to One World of Yoga!
This Agreement sets forth legally binding terms for your use of the Website. By using the Website, you agree to be bound by this Agreement, whether you are a “Visitor” (which means that you simply browse the Website) or you are a “Member” (which means that you have registered on the Website as a subscriber). If you do not accept the terms of this Agreement, you should leave the Website and discontinue use of the Service immediately. We may modify this Agreement from time to time, and such modification shall be effective upon its posting on the Website. You agree to be bound by any modification to this Agreement when you use the Website after any such modification is posted; it is therefore important that you review this Agreement regularly.
Physical exercise, in all of its forms and with or without the use of equipment such as blocks, straps or any other equipment that may be suggested by an OWY instructor, is a strenuous physical activity. Accordingly, you are urged and advised to seek the advice of a physician before beginning any physical exercise regimen, routine, program or using any suggested equipment, shown in any of the video clips on the Website. OWY is not a medical organization and its instructors or staff 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 and are carried out at your sole election whether while viewing OWY videos, or otherwise. Nothing contained in this Website should be construed as any form of such medical advice or diagnosis.
By using the Website you represent that you understand that physical exercise involves strenuous physical movement, and that such activity carries the risk of injury whether physical or mental. You understand that it is your responsibility to judge your physical and mental capabilities for such activities. It is your responsibility to ensure that by participating in classes and activities from OWY, you will not exceed your limits while performing such activity, and you will select the appropriate level of classes for your skills and abilities, as well as for any mental or physical conditions and/or limitations you may have. You understand that, from time to time instructors may suggest physical adjustments or the use of equipment and it is your sole responsibility to determine if any such 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 OWY, or any person or entity involved with OWY, including without limitation its directors, owners, members, managers, principals, instructors, independent contractors, employees, agents, contractors, affiliates and/or representatives.
All materials on the Website, including, without limitation, names, logos, trademarks, images, text, columns, graphics, videos, photographs, illustrations, artwork, software and other elements (collectively, “Material”) are protected by copyrights, trademarks and/or other intellectual property rights owned and controlled by OWY or by third parties that have licensed or otherwise provided their material to OWY. You acknowledge and agree that all Materials on the Website are made available for limited, non-commercial, personal use only. Except as specifically provided herein or elsewhere on this Website, no Material may be copied, reproduced, republished, sold, downloaded, posted, transmitted, or distributed in any way, or otherwise used for any purpose, by any person or entity, without OWY’s prior express written permission. You may not add, delete, distort, or otherwise modify the Material. Any unauthorized attempt to modify any Material, to defeat or circumvent any security features, or to utilize the Website or any part of the Material for any purpose other than its intended purposes is strictly prohibited.
Except where expressly provided otherwise by OWY, all comments, feedback, and materials that you submit through or in association with the site shall be considered non-confidential. By transmitting or posting any communications or materials to this site, you agree that OWY or any of its affiliates may use your communications or materials for any purpose, including reproduction, transmission, publication, broadcast and posting. OWY and its affiliates are free to use any ideas, concepts or know-how contained in such communications or materials for any purpose whatsoever including, but not limited to developing, manufacturing, distributing and marketing products using such information, without the obligation to notify, identify or compensate you or anyone else.
Liability and Warranty
OWY is not liable for any direct, incidental, consequential, indirect, or punitive damages arising out of your access to, or use of, the site. Without limiting the foregoing, everything on the site is provided to you “AS IS” WITHOUT WARRANTY OF ANY KIND, EITHER EXPRESSED OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, THE IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, OR NON-INFRINGEMENT. YOU EXPRESSLY AGREE THAT YOUR USE OF, OR INABILITY TO USE, THE SITE IS AT YOUR SOLE RISK. Please note that some jurisdictions may not allow the exclusion of implied warranties, so some of the above exclusions may not apply to you. Check your local laws for any restrictions or limitations regarding the exclusion of implied warranties. OWY also assumes no responsibility, and shall not be liable for, any damages to or viruses that may infect your computer equipment or other property on account of your access to, use of, or browsing in the site.
While all information prepared for this Website is believed to be accurate as of the date prepared, OWY makes no warranties or representations as to the accuracy, reliability or content of any information, service, or merchandise provided through this Website and assumes no liability or responsibility for any errors or omissions in the content of this Website. You agree to indemnify and hold OWY harmless from all liabilities, claims, and expenses, including attorney’s fees, which arise from any breach of these terms for which you are responsible, or from the use of this Website.
OWY does not guarantee, represent, or warrant that your use of the Website will be uninterrupted or error-free, and you agree that from time to time OWY may remove the Website for indefinite periods of time, or cancel the Website at any time, without notice to you.
IN NO CASE SHALL OWY, ITS DIRECTORS, OWNERS, MEMBERS, MANAGERS, OFFICERS, EMPLOYEES, AFFILIATES, AGENTS, CONTRACTORS, OR LICENSORS BE LIABLE FOR ANY DIRECT, INDIRECT, INCIDENTAL, PUNITIVE, SPECIAL, OR CONSEQUENTIAL DAMAGES ARISING FROM YOUR USE OF OR ACCESS TO THE WEBSITE OR FOR ANY OTHER CLAIM RELATED IN ANY WAY TO YOUR USE OF THE WEBSITE, INCLUDING, BUT NOT LIMITED TO, ANY ERRORS OR OMISSIONS IN ANY CONTENT, OR ANY PERSONAL INJURY OR LOSS OR DAMAGE OF ANY KIND INCURRED AS A RESULT OF THE USE OF ANY CONTENT (OR PRODUCT) POSTED, TRANSMITTED, OR OTHERWISE MADE AVAILABLE VIA THE WEBSITE, EVEN IF ADVISED OF THEIR POSSIBILITY. BECAUSE SOME STATES OR JURISDICTIONS DO NOT ALLOW THE EXCLUSION OR THE LIMITATION OF LIABILITY FOR CONSEQUENTIAL OR INCIDENTAL DAMAGES, IN SUCH STATES OR JURISDICTIONS, OWY’S LIABILITY SHALL BE LIMITED TO THE EXTENT PERMITTED BY LAW.
OWY SHALL USE REASONABLE EFFORTS TO PROTECT INFORMATION SUBMITTED BY YOU IN CONNECTION WITH THE WEBSITE, BUT YOU ACKNOWLEDGE AND AGREE THAT YOUR SUBMISSION OF SUCH INFORMATION IS AT YOUR SOLE RISK, AND OWY HEREBY DISCLAIMS ANY AND ALL LIABILITY TO YOU FOR ANY LOSS OR LIABILITY RELATING TO SUCH INFORMATION IN ANY WAY.
OWY has not reviewed all of the sites linked to the site and is not responsible for the content of any non OWY off-site pages or sites linked to the site. Your linking to any other off-site pages or other sites is at your own risk.
Waiver and Indemnity
BY USING OR ACCESSING THIS WEBSITE, YOU AGREE TO INDEMNIFY AND HOLD OWY, ITS DIRECTORS, OWNERS, MEMBERS, MANAGERS, OFFICERS, EMPLOYEES, AFFILIATES, AGENTS, CONTRACTORS, AND LICENSORS HARMLESS WITH RESPECT TO ANY CLAIMS ARISING OUT OF YOUR BREACH OF THIS AGREEMENT, YOUR USE OF THE WEBSITE, OR ANY ACTION TAKEN BY OWY AS PART OF ITS INVESTIGATION OF A SUSPECTED VIOLATION OF THIS AGREEMENT OR AS A RESULT OF ITS FINDING OR DECISION THAT A VIOLATION OF THIS AGREEMENT HAS OCCURRED. THIS MEANS THAT YOU CANNOT SUE OR RECOVER ANY DAMAGES FROM OWY, ITS DIRECTORS, OWNERS, MEMBERS, MANAGERS, OFFICERS, EMPLOYEES, AFFILIATES, AGENTS, CONTRACTORS, AND/OR LICENSORS AS A RESULT OF ITS DECISION TO REMOVE OR REFUSE TO PROCESS ANY INFORMATION OR CONTENT, TO WARN YOU, TO SUSPEND OR TERMINATE YOUR ACCESS TO THE WEBSITE, OR TO TAKE ANY OTHER ACTION DURING THE INVESTIGATION OF A SUSPECTED VIOLATION OR AS A RESULT OF OWY’S CONCLUSION THAT A VIOLATION OF THIS AGREEMENT HAS OCCURRED. THIS WAIVER AND INDEMNITY PROVISION APPLIES TO ALL VIOLATIONS DESCRIBED IN OR CONTEMPLATED BY THIS AGREEMENT.
Membership and Billing Policy
Members or users of OWY may not share, give or sell their password or username to any other person or company. Excessive viewings or logins by any member may be construed by OWY as fraudulent use of services, which may result in the immediate cancellation of membership without refund at OWY’s sole discretion. When applying for membership you agree to take all actions possible to protect your username and password from fraudulent use. OWY reserves the right to cancel any membership it believes has been compromised, or is being used fraudulently, at our own discretion.
Members also agree to: (a) provide true, accurate, current and complete information about yourself as prompted by the registration form on the Website and (b) maintain and promptly update your information to keep it true, accurate, current and complete. If you provide any information that is untrue, inaccurate, not current or incomplete, or we have reasonable grounds to suspect that such information is untrue, inaccurate, not current or incomplete, OWY reserves the right to suspend or terminate your account and refuse any and all current or future use of the Service (or any portion thereof) at any time. Use of the Website is void where prohibited.
Memberships are billed either weekly, monthly, or yearly, depending upon the type of subscription purchased. All memberships are renewed automatically until canceled. There is no minimum obligation and members may cancel anytime. Membership must be canceled prior to the renewal date in order to end membership charges.
When you purchase a membership subscription, you will be charged at the rate applicable at the time of your agreement to subscribe. If OWY later changes the price of the subscription, OWY will notify you. The increase will apply to the next payment due from you after the notice, provided that you have been given at least 10 days’ prior notice before the charge is made. If you are given less than 10 days’ prior notice, the price increase will not apply until the payment after the next payment due.
Any membership subscription can be changed or cancelled in the member’s “My Account” billing options.
There will be no refund for any current subscription period. Full refunds for gift certificate purchases can be provided only within 30 days of purchase. No refunds will be made after 30 days of gift certificate purchases.
Gift certificates will expire 12 months following the email delivery date unless otherwise stated on the gift certificate or by other notification. Gift certificates cannot be redeemed for cash value.
Subscription fees and gift certificates are charged in USD currency. Depending upon your credit card’s currency and the country in which your card was issued, your credit card provider may impose foreign exchange fees and other fees which are in accordance with your arrangements with that credit card provider.
This Agreement shall be governed by the laws of the State of New York, without respect to its conflict of laws principles. Any claim or dispute between you and OWY that arises in whole or in part from the Website shall be decided exclusively by a court of competent jurisdiction located in New York, New York.
You agree that regardless of any statute or law to the contrary, any claim or cause of action arising out of or related to use of the Website or this Agreement must be filed within one (1) year after such claim or cause of action arose or be forever barred.
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.
OWY reserves the right to amend this Agreement at any time and without notice, and it is your responsibility to review this Agreement for any changes. Your use of the Website following any amendment of this Agreement will signify your assent to and acceptance of its revised terms.
This agreement between OWY and you is binding on you and your heirs, executors, administrators and personal representatives.
If any portion of this agreement between OWY and you is held to be invalid, the remainder of this agreement shall remain in full force and effect.
You affirm that you are at least eighteen (18) years of age, and are fully able and competent to enter into this Agreement, conditions, obligations, affirmations, representations, and warranties set forth in this Agreement, and to abide by and comply with this Agreement.
If you have any questions or comments regarding this Agreement or the Website, feel free to contact us at firstname.lastname@example.org.