Terms of Use and Privacy


 

AGREEMENT BETWEEN YOU AND YOGABALANCE

This website is comprised of the website and various web pages operated by YogaBalance 1, LLC, and Namaste Holdings, LLC (collectively, “YogaBalance”).

 

The YogaBalance website is offered to you conditioned on your acceptance without modification of the terms, conditions, and notices contained herein. Your use of the YogaBalance website constitutes your agreement to all such terms, conditions, and notices.

 

MODIFICATION OF THESE TERMS OF USE

YogaBalance reserves the right to change the terms, conditions, and notices under which the YogaBalance website is offered.

 

LINKS TO THIRD PARTY SITES

The YogaBalance website may contain links to other websites (“Linked Sites”). The Linked Sites are not under the control of YogaBalance, and YogaBalance is not responsible for the contents or operation of any Linked Site, including without limitation: Linked Sites’ privacy policies; Linked Sites’ collection, storage, security and distribution of data; any link contained in a Linked Site; or any changes or updates to a Linked Site. YogaBalance is not responsible for webcasting or any other form of transmission received from any Linked Site.

 

YogaBalance is providing these links to you only as a convenience, and the inclusion of any link does not imply endorsement by YogaBalance of the site or any association with its operators.

 

PRICING AND REFUNDS

Fees are non-refundable, but may be credited toward purchases of classes, workshops and merchandise. Fees for YogaBalance Master Instructor Series workshops are non-refundable and are not subject to credit due to the teaching fees we must pay in advance. Passes and memberships may not be shared.

 

NO UNLAWFUL OR PROHIBITED USE

As a condition of your use of the YogaBalance website, you warrant to YogaBalance that you will not use the YogaBalance website for any purpose that is unlawful or prohibited by these terms, conditions and notices. You may not use the YogaBalance website in any manner which could damage, disable, overburden, or impair the YogaBalance website or interfere with any other party’s use and enjoyment of the YogaBalance website. You may not obtain or attempt to obtain any materials or information through any means not intentionally made available or provided for through the YogaBalance website.

 

USE OF COMMUNICATION SERVICES

The YogaBalance website may contain bulletin board services, chat areas, news groups, forums, communities, personal web pages, calendars and/or other message or communication facilities designed to enable you to communicate with the public at large or with a group (collectively, “Communication Services”). You agree to use the Communication Services only to post, send and receive messages and material that are proper and related to the particular Communication Service. By way of example, and not as a limitation, you agree that when using a Communication Service, you will not:

 

  • Defame, abuse, harass, stalk, threaten or otherwise violate the legal rights (such as rights of privacy and publicity) of others.
  • Publish, post, upload, distribute or disseminate any inappropriate, profane, defamatory, infringing, obscene, indecent or unlawful topic, name, material or information.
  • Upload files that contain software or other material protected by intellectual property laws (or by rights of privacy of publicity) unless you own or control the rights thereto or have received all necessary consents.
  • Upload files that contain viruses, corrupted files, or any other similar software or programs that may damage the operation of another’s computer.
  • Advertise or offer to sell or buy any goods or services for any business purpose, unless such Communication Service specifically allows such messages.
  • Conduct or forward surveys, contests, pyramid schemes or chain letters.
  • Download any content posted by another user of a Communication Service that you know, or reasonably should know, cannot be legally distributed in such manner.
  • Falsify or delete any author attributions, legal or other proper notices or proprietary designations or labels of the origin or source of software or other material contained in a file that is uploaded.
  • Restrict or inhibit any other user from using and enjoying the Communication Services.
  • Violate any code of conduct or other guidelines which may be applicable for any particular Communication Service.
  • Harvest or otherwise collect information about others, including but not limited to, e-mail addresses, without their consent.
  • Violate any applicable laws or regulations.

 

YogaBalance has no obligation to monitor the Communication Services. However, YogaBalance reserves the right to review materials posted to the Communication Services and to remove any materials in its sole discretion. YogaBalance reserves the right to terminate your access to any or all of the Communication Services at any time without notice for any reason whatsoever.

 

YogaBalance reserves the right at all times to disclose any information as necessary to satisfy any applicable law, regulation, legal process or governmental request, or to edit, refuse to post or to remove any information or materials, in whole or in part, in YogaBalance’s sole discretion.

 

Always use caution when giving out any personally identifying information about yourself or your children in any Communication Service. YogaBalance does not control or endorse the content, messages or information found in any Communication Service and, therefore, YogaBalance specifically disclaims any liability with regard to the Communication Services and any actions resulting from your participation in any Communication Service. Managers and hosts are not authorized YogaBalance spokespersons, and their views do not necessarily reflect those of YogaBalance.

 

Materials uploaded to a Communication Service may be subject to posted limitations on usage, reproduction and/or dissemination. You are responsible for adhering to such limitations if you download the materials.

 

MATERIALS PROVIDED TO YOGABALANCE OR POSTED AT ANY YOGABALANCE WEBSITE

 

YogaBalance does not claim ownership of the materials you provide to YogaBalance (including feedback and suggestions) or post, upload, input or submit to any YogaBalance website or its associated services (collectively “Submissions”). However, by posting, uploading, inputting, providing or submitting your Submission you are granting YogaBalance, its affiliated companies and necessary sublicensees a perpetual, worldwide, irrevocable, transferrable license to use your Submission in connection with the operation of their Internet businesses including, without limitation, the rights to: copy, distribute, transmit, publicly display, publicly perform, reproduce, edit, translate and reformat your Submission; and to publish your name in connection with your Submission.

 

No compensation will be paid with respect to the use of your Submission, as provided herein. YogaBalance is under no obligation to post or use any Submission you may provide and may remove any Submission at any time in YogaBalance’s sole discretion. By posting, uploading, inputting, providing or submitting your Submission you warrant and represent that you own or otherwise control all of the rights to your Submission as described in this section including, without limitation, all the rights necessary for you to provide, post, upload, input or submit the Submissions.

 

LIABILITY DISCLAIMER

THE INFORMATION, SOFTWARE, PRODUCTS, AND SERVICES INCLUDED IN OR AVAILABLE THROUGH THE YOGABALANCE WEBSITE MAY INCLUDE INACCURACIES OR TYPOGRAPHICAL ERRORS. CHANGES ARE PERIODICALLY ADDED TO THE INFORMATION HEREIN. YOGABALANCE AND/OR ITS SUPPLIERS MAY MAKE IMPROVEMENTS AND/OR CHANGES IN THE YOGABALANCE WEBSITE AT ANY TIME. ADVICE RECEIVED VIA THE YOGABALANCE WEBSITE SHOULD NOT BE RELIED UPON FOR PERSONAL, MEDICAL, LEGAL OR FINANCIAL DECISIONS AND YOU SHOULD CONSULT AN APPROPRIATE PROFESSIONAL FOR SPECIFIC ADVICE TAILORED TO YOUR SITUATION.

 

YOGABALANCE AND/OR ITS SUPPLIERS MAKE NO REPRESENTATIONS ABOUT THE SUITABILITY, RELIABILITY, AVAILABILITY, TIMELINESS, AND ACCURACY OF THE INFORMATION, SOFTWARE, PRODUCTS, SERVICES AND RELATED GRAPHICS CONTAINED ON THE YOGABALANCE WEBSITE FOR ANY PURPOSE. TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW. ALL SUCH INFORMATION, SOFTWARE, PRODUCTS, SERVICES AND RELATED GRAPHICS ARE PROVIDED “AS IS” WITHOUT WARRANTY OR CONDITION OF ANY KIND. YOGABALANCE AND ITS AFFILIATED COMPANIES, AND THEIR EMPLOYEES, OFFICERS, DIRECTORS, PARTNERS, AGENTS, CONTRACTORS AND SUPPLIERS (COLLECTIVELY, “YOGABALANCE GROUP”) HEREBY DISCLAIM ALL WARRANTIES AND CONDITIONS WITH REGARD TO THIS INFORMATION, SOFTWARE, PRODUCTS, SERVICES AND RELATED GRAPHICS, INCLUDING ALL IMPLIED WARRANTIES OR CONDITIONS OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE, ACCURACY AND NON-INFRINGEMENT.

 

TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, IN NO EVENT SHALL THE YOGABALANCE GROUP BE LIABLE FOR ANY DIRECT, INDIRECT, PUNITIVE, INCIDENTAL, SPECIAL, CONSEQUENTIAL DAMAGES OR ANY DAMAGES WHATSOEVER INCLUDING, WITHOUT LIMITATION, DAMAGES FOR LOSS OF USE, DATA OR PROFITS, ARISING OUT OF OR IN ANY WAY CONNECTED WITH THE USE OR PERFORMANCE OF THE YOGABALANCE WEBSITE, WITH THE DELAY OR INABILITY TO USE THE YOGABALANCE WEBSITE OR RELATED SERVICES, THE PROVISION OF OR FAILURE TO PROVIDE SERVICES, OR FOR ANY INFORMATION, SOFTWARE, PRODUCTS, SERVICES AND RELATED GRAPHICS OBTAINED THROUGH THE YOGABALANCE WEBSITE, OR OTHERWISE ARISING OUT OF THE USE OF THE YOGABALANCE WEBSITE, WHETHER BASED ON CONTRACT, TORT, NEGLIGENCE, STRICT LIABILITY OR OTHERWISE, EVEN IF THE YOGABALANCE GROUP HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. BECAUSE SOME STATES/JURISDICTIONS DO NOT ALLOW THE EXCLUSION OR LIMITATION OF LIABILITY FOR CONSEQUENTIAL OR INCIDENTAL DAMAGES, THE ABOVE LIMITATION MAY NOT APPLY TO YOU. IF YOU ARE DISSATISFIED WITH ANY PORTION OF THE YOGABALANCE WEBSITE, OR WITH ANY OF THESE TERMS OF USE, YOUR SOLE AND EXCLUSIVE REMEDY IS TO DISCONTINUE USING THE YOGABALANCE WEBSITE.

 

SERVICE CONTACT : Mail@YogaBalance.info

 

TERMINATION/ACCESS RESTRICTION

YogaBalance reserves the right, in its sole discretion, to terminate your access to the YogaBalance website and the related services or any portion thereof at any time, without notice.

 

You are not permitted to “scrape”, “harvest” or re-post any information contained anywhere within the YogaBalance website, nor to use or re-post any YogaBalance intellectual property. If you nonetheless do so, you agree to pay for all of YogaBalance’s attorneys’ fees and other costs and expenses involved in YogaBalance remedying your violation of the foregoing.

 

GENERAL

To the maximum extent permitted by law, this agreement is governed by the laws of the State of New Hampshire, U.S.A., without regard for its conflict of laws rules, which are hereby waived, and you hereby consent to the exclusive jurisdiction and venue of courts in New Hampshire, U.S.A., to adjudicate all disputes arising out of or relating to the use of the YogaBalance website. Use of the YogaBalance website is unauthorized in any jurisdiction that does not give effect to all provisions of these terms and conditions, including without limitation this paragraph. You agree that no joint venture, partnership, employment, or agency relationship exists between you and YogaBalance as a result of this agreement or use of the YogaBalance website. Nothing contained in this agreement is in derogation of YogaBalance’s right to comply with governmental, court and law enforcement requests or requirements relating to your use of the YogaBalance website or information provided to or gathered by YogaBalance with respect to such use. If any part of this agreement is determined to be invalid or unenforceable pursuant to applicable law, including, but not limited to, the warranty disclaimers and liability limitations set forth above, then the invalid or unenforceable provision will be deemed superseded by a valid, enforceable provision that most closely matches the intent of the original provision and the remainder of the agreement shall continue in effect. Unless otherwise specified herein, this agreement constitutes the entire agreement between the user and YogaBalance with respect to the YogaBalance website and it supersedes all prior or contemporaneous communications and proposals, whether electronic, oral or written, between the user and YogaBalance with respect to the YogaBalance website. A printed version of this agreement and of any notice given in electronic form shall be admissible in judicial or administrative proceedings based upon or relating to this agreement to the same extent an d subject to the same conditions as other business documents and records originally generated and maintained in printed form. The parties hereto confirm that it is their wish that this agreement, as well as other documents relating hereto, including all notices, have been and shall be written in the English language only. Les parties ci-dessus confirment leur désir que cet accord ainsi que tous les documents, y compris tous avis qui s’y rattachent, soient rédigés en langue anglaise.

 

COPYRIGHTS

All contents of the YogaBalance website are the exclusive property of YogaBalance. All rights reserved.

 

We respect the intellectual property rights of others and we prohibit users from uploading, posting or otherwise transmitting on the YogaBalance website any materials that violate another party’s intellectual property rights. We do not routinely audit posted materials for intellectual property infringement. As such, if you have a good faith belief that any posting on the YogaBalance website infringes your intellectual property rights, submit the following infringement notice to us by both e-mail at “Mail@YogaBalance.info” and by FAX at (603) 663-1000:

 

Notice of Claimed Infringement

 

Date: __________________________

 

YogaBalance 1, LLC
135 Hooksett Road
Manchester, New Hampshire 03104 USA

 

I, the undersigned, state UNDER PENALTY OF PERJURY that I am the owner, or an agent authorized to act on behalf of the owner, of certain intellectual property rights (“IP Owner”). I have a good faith belief that the following materials on your website are not authorized by the IP Owner, its agent, or the law, and therefore infringe the IP Owner’s rights. These materials consist of:

 

[DESCRIPTION OF ALLEGEDLY INFRINGING MATERIALS]

 

The information in this notice is accurate. I can be contacted at:

 

Name of IP Owner:
Name and title of person alleging infringement:
Company:
Address:
City, State, and Zip:
E-mail address:
Telephone:
Fax:

 

When we receive the foregoing completed notification of alleged infringement, we will promptly remove or disable access to the allegedly infringing material and terminate the accounts of repeat infringers as described herein in accordance with the Digital Millennium Copyright Act (“DMCA”).

 

REPEAT INFRINGER POLICY

In accordance with the DMCA and other applicable law, YogaBalance has adopted a policy of terminating, in appropriate circumstances and at YogaBalance’s sole discretion, access by users who are deemed to be repeat infringers. YogaBalance may also at its sole discretion limit access to the YogaBalance website and/or terminate the memberships of any users who infringe any intellectual property rights of others, whether or not there is any repeat infringement.

 

PRIVACY POLICY

 

What information do we collect?

Currently, YogaBalance.info gathers information (such as name, e-mail address and zip code) strictly for contact purposes when users opt to fill out an e-mail submission form to inquire about our studio and Yoga classes. In some cases we ask for other optional information including additional contact information and certain demographic information (such as phone number and gender).

 

How do we use your information?

We may use your information to communicate special offers, promotions and information about YogaBalance to you via e-mail. If you do not wish to receive these e-mails you will have the option to opt out of future mailings (see the section below). We may also use your information to compile usage statistics and other data regarding the use of the YogaBalance website services.

 

We will not share your personally identifiable information with third parties, outside of the limited circumstances referenced in the paragraph immediately below. We may, however, share with partners aggregated statistical data that includes users’ demographic information but does not identify them. We reserve the right to provide any and all such aggregated and non-individually identifiable data to third parties.

 

How do we use your e-mail information?

At YogaBalance we respect your concerns about privacy. We collect e-mail information to provide a more personalized and relevant experience. If you give us your e-mail address on the YogaBalance website, when you inquire about membership or sign up, we will send you e-mails about exclusive offers and news at YogaBalance. If you have previously opted out of receiving e-mails from us, providing updated information will act as an ‘opt back-in’.

 

If you want to opt-out of receiving promotional e-mails, simply click on the unsubscribe link located on the bottom of all of our e-mails. Although we strive to update our e-mail list as frequently as possible, you might receive another contact before we are able to remove you.

 

Please note that you will continue to receive communications that pertain to your account. YogaBalance may use any of your contact information held on file (including e-mail, address and telephone) to communicate with you with regard to day-to-day administrative activities, such as online purchases, in-class purchase, reservations and other important service alerts.

 

YogaBalance will never sell or rent your name, e-mail address, or any other personally identifiable information to third-parties, except in the case of a studio merger, sale or acquisition.

 

We only share user information in the ways described below:

 

Agents: We employ other companies and individuals to perform functions on our behalf. Examples include creating and maintaining the YogaBalance website, sending postal mail and e-mail, processing payments, scheduling, analyzing data, providing marketing assistance and providing customer service. They have access to personal information needed to perform their functions, but may not use it for other purposes.

 

Protection of YogaBalance: We may release account and other personal information when we believe release is necessary to: comply with laws, rules and/or regulations; enforce or apply our Terms of Use / Privacy and other agreements; or protect the rights, property, or safety of the YogaBalance Group, our users, our students and/or others. This includes exchanging information with law enforcement and other companies and organizations.

 

Do we use cookies?

We may use cookies to enhance your experience on the YogaBalance website. You can set your Internet browser (like Internet Explorer or Firefox) to warn you every time a cookie is sent, or to turn off all cookies. See your browser’s Help menu for these instructions. By disabling your cookies you will not have access to some of the features that enhance your user experience on the YogaBalance website.

 

How do we protect children on our web site?

We are committed to making a safe environment for children on our site. When we collect information for membership inquiry purposes, users are informed they must be at least 18 years of age or have parental consent to provide personally identifying information to us. We encourage parents to monitor children’s Internet use to keep them safe while navigating YogaBalance.info and all other areas of the Internet.

 

Does this Privacy Policy apply to external links found on this Web site?

While this site may contain links to other sites, please note that when you click on one of these links, you are ‘clicking’ away from YogaBalance.info to another website. We encourage you to read the privacy statements of these linked sites as their privacy policies may differ from ours. We are not responsible for the privacy practices or the content of any other websites.

 

How can you contact YogaBalance?

If you have questions regarding our Privacy Policy, other areas of the YogaBalance website or our studio, please contact us at (603) 625-4000 or Mail@YogaBalance.info. Your feedback is always welcome and appreciated.

 

 

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