Terms and Conditions
Yoga Joint takes the security and privacy our student’s information very seriously. We maintain physical, electronic, and procedural security measures that comply with applicable legal and regulatory standards to safeguard your non-public personal information. Access to such information is restricted to those employees who are trained in the proper handling of client information and have a legitimate business need to access that information. If you entered your contact information into our website to express an interest in being contacted, we use your information so that a Representative of ours may contact you to communicate about this opportunity.
Effective as of August 28th, 2018
Information We Collect
We do not collect any personal information from you unless you voluntarily provide it to us.
How We Use Your Information
- To identify you when you sign in to your account;
- To respond to your requests and to provide you with the Services;
- To respond to your inquiries and contact you about changes at the Locations and/or the Services;
- To send you notices (for example, in the form of e-mails, mailings, and the like) regarding products or services you are receiving, and for billing and collection purposes;
- To send you information we think you may find useful or that you have requested from us;
- To enhance and improve the Services, such as through personalized features and content;
- To analyze the use of the Location and the Services and the people visiting to improve our Services;
- To investigate, prevent, or take action regarding illegal activities, suspected fraud, situations involving potential threats to the physical safety of any person, violations of our policies, or as otherwise required by law;
- For any other purposes disclosed at the time the information is collected or to which you consent; and
Disclosure of Personal Information to Third Parties
We do not disclose your Personal Information to third parties for their direct marketing purposes.
We, like many businesses, sometimes hire other companies to perform certain business-related functions. Examples include mailing information, maintaining databases, hosting services, and processing payments. When we employ another company to perform a function of this nature, we provide them with the information that they need to perform their specific function, which may include Personal Information.
If we or all or substantially all of our assets are acquired, we expect that the information that we have collected, including Personal Information, would be transferred along with our other business assets.
We may disclose your Personal Information to government authorities and to other third parties when compelled to do so by government authorities, at our discretion, or otherwise as required by law, including but not limited to in response to court orders and subpoenas. We may also disclose your Personal Information and Usage Information when we have reason to believe that someone is or may be causing injury to or interference with our rights or property, other users of this Location, or anyone else that could be harmed by such activities.
How We Protect Your Information
We take commercially reasonable steps to protect the Personal Information from loss, misuse, and unauthorized access, disclosure, alteration, or destruction. Please understand, however, that no security system is impenetrable. We cannot guarantee the security of our databases, nor can we guarantee that the information you supply will not be intercepted while being transmitted to and from us over the Internet. In particular, e-mail sent to or from us may not be secure, and you should therefore take special care in deciding what information you send to us via e-mail.
Accessing and Modifying Account Information
You may update the information that is stored in your user account by e-mailing us at [email protected].
We strive to help parents ensure that their kids have a safe experience using our Services. Parents or legal guardians can review any Personal Information collected about their child under 18 years of age, have this information deleted, request that there be no further collection or use of their child’s Personal Information, and/or allow for our collection and use of their child’s Personal Information while withholding consent for us to disclose it to third parties. We take steps to verify the identity of anyone requesting information about a child and to ensure that the person is in fact the child’s parent or legal guardian.
If you wish to stop receiving promotional e-mails, you may do so by e-mailing [email protected]. You may also choose to unsubscribe from our emails by following the instructions in the bottom of the email.
Important Notice to Customer Outside the U.S.
The Locations and the Site and the Services are operated in the United States. If you are located outside of the United States, please be aware that any information you provide to us will be transferred to the United States. By providing us with any information through a Location or the Site, you consent to this transfer.
How to Contact Us
End User License Agreement for Mobile App
IMPORTANT—READ CAREFULLY: This End-User License Agreement (“EULA”) is a legal agreement between you (either an individual or a single entity) and Yoga Joint Holdings, LLC (“COMPANY”) for the software, website, or app that accompanies this EULA (“Software”). The EULA is not an agreement between you and Apple or any other third party which may allow for the download or purchase of the Software.
The Software includes its own set of code and materials including but not limited to: source code for web and mobile apps, header files, APIs, data sets and assets (examples include images, textures, models, scenes, videos, native API input/output files), binary software, sample code, libraries, utility programs, programming code and documentation.
The Software is licensed, not sold. YOU AGREE TO BE BOUND BY THE TERMS OF THIS EULA BY INSTALLING, COPYING, OR OTHERWISE USING THE SOFTWARE. IF YOU DO NOT AGREE, DO NOT INSTALL, COPY, OR USE THE SOFTWARE; YOU MAY RETURN IT TO YOUR PLACE OF PURCHASE FOR A FULL REFUND.
- LICENSE GRANTS.
1.1 The purpose of this EULA is to provide you with Software to enable you to interact with Company for the receipt and provision of yoga services, including but not limited to consuming video content and scheduling appoints. Therefore, all licenses granted for Software are granted solely for the purpose consuming Company services. COMPANY reserves all rights not expressly granted.
1.2 COMPANY grants to you a personal, non-exclusive, nontransferable, royalty-free license to access and use the Software.
1.3 If you choose to exercise your rights under Section 1.2, you agree:
(a) not allow others to access or consume Company content through your license
(b) not to copy or use COMPANY’s name, logo, or trademarks to for business purposes;
(c) not to remove or obscure any copyright, trademark or patent notices that appear on the Software as delivered to you;
(d) to indemnify, hold harmless, and defend COMPANY from and against any claims or lawsuits, including attorney’s fees, that arise or result from your use of the Software or violation of this EULA.
- LIMITATIONS ON REVERSE ENGINEERING.
You may not reverse engineer, decompile, or disassemble the Software, except and only to the extent that such activity is expressly permitted by applicable law notwithstanding this limitation.
- SOFTWARE ACCESS.
You may access the Software one or more devices which you may own. You must use your sign in credentials regardless of which device you use to access and you shall not share or distribute your sign in credentials as they are unique to you. Company alone is responsible for providing maintenance and updates to the Software.
- TERM AND TERMINATION.
This EULA shall continue for so long as you remain a customer of Company, but may be terminated by either party upon prior written notice. Without prejudice to any other rights, COMPANY may terminate this EULA if you fail to comply with the terms and conditions of this EULA. In such event, you must destroy all copies of the Software and all of its component parts.
- LIMITED WARRANTY; DISCLAIMER OF OTHER WARRANTIES.
COMPANY warrants that the Software will perform substantially in accordance with the intended purpose and no other. There may be periods of downtime where the Software is not available or working properly. In the event of a failure of the Software, you may contact Apple for a refund of your purchase; Apple will have no further obligation to you concerning Software deficiencies.
- DISCLAIMER OF OTHER WARRANTIES.
The Limited Warranty that appears above is the only express warranty made to you and is provided in lieu of any other express or implied warranties or similar obligations (if any) created by any advertising, documentation, packaging, or other communications. Except for the Limited Warranty and to the maximum extent permitted by applicable law, COMPANY and its suppliers provide the Software AS IS AND WITH ALL FAULTS, and hereby disclaim all other warranties, whether express, implied or statutory, including, but not limited to, any implied warranties of merchantability, or non-infringement. Some states/jurisdictions do not allow limitations on how long an implied warranty or condition lasts, so the above limitation may not apply to you.
- LIMITATION ON REMEDIES; NO CONSEQUENTIAL OR OTHER DAMAGES.
Your exclusive remedy for any breach of this Limited Warranty is as set forth below. Except for any refund elected by COMPANY, YOU ARE NOT ENTITLED TO ANY DAMAGES, INCLUDING BUT NOT LIMITED TO CONSEQUENTIAL DAMAGES, if the Software does not meet COMPANY’s Limited Warranty, and, to the maximum extent allowed by applicable law, even if any remedy fails of its essential purpose. The Exclusion of Incidental, Consequential and Punitive Damages are also incorporated into the Limited Warranty.
- YOUR EXCLUSIVE REMEDY.
Company, and not Apple, is responsible for any product claims stemming from the Software including: product liability claims, claims about non-conformance to regulatory requirements, claims concerning consumer protection or privacy.
COMPANY’s entire liability and your exclusive remedy for any breach of this Limited Warranty or for any other breach of this EULA or for any other liability relating to the Software shall be, at COMPANY’s option: (a) return of the amount paid (if any) for the Software, or (b) repair or replacement of the Software, that does not meet this Limited Warranty. This Limited Warranty is void if failure of the Software has resulted from accident, abuse, misapplication, abnormal use or a virus. Any replacement Software will be warranted for the remainder of the original warranty period or thirty (30) days, whichever is longer, and COMPANY will use commercially reasonable efforts to provide your remedy within a commercially reasonable time of your compliance with COMPANY’s warranty remedy procedures.
- EXPORT RESTRICTIONS.
You acknowledge that the Software is subject to U.S. export jurisdiction. You agree to comply with all applicable international and national laws that apply to the Software, including the U.S. Export Administration Regulations, as well as end-user, end-use, and destination restrictions issued by U.S. and other governments. You further agree that you are not located in a country subject to U.S. Government embargo and that you are not listed on a U.S. Government list of restricted parties.
- GOVERNING LAW; ATTORNEYS’ FEES.
This Agreement shall be construed and controlled by the laws of Florida, and you consent to the jurisdiction and venue in the federal courts sitting in Broward County, Florida, unless no federal subject matter jurisdiction exists, in which case you consent to the jurisdiction and venue in the Southern District of Florida. You waive all defenses of lack of personal jurisdiction and forum non conveniens. Process may be served on either party in the manner authorized by applicable law or court rule. If either COMPANY or you employ attorneys to enforce any rights arising out of or relating to this Agreement, the prevailing party shall be entitled to recover reasonable attorneys’ fees.
- THIRD PARTIES.
You must comply with applicable third party terms of agreement when using the Software. You agree that Apple and its subsidiaries are third party beneficiaries of this EULA and by accepting these terms are acknowledging and accepting Apple’s right to enforce the EULA.
- ENTIRE AGREEMENT; SEVERABILITY.
This EULA is the entire agreement between you and COMPANY relating to the Software and supersedes all prior or contemporaneous oral or written communications, proposals and representations with respect to the Software or any other subject matter covered by this EULA. If any provision of this EULA is held to be void, invalid, unenforceable or illegal, the other provisions shall continue in full force and effect.