Agreement between user and www.yogapowerwv.com
Welcome to www.yogapowerwv.com. The www.yogapowerwv.com website (the "Site") is comprised of various web pages operated by Yoga Power, LLC ("YP"). www.yogapowerwv.com is offered to you conditioned on your acceptance without modification of the terms, conditions, and notices contained herein (the "Terms"). Your use of www.yogapowerwv.com constitutes your agreement to all such Terms.
Please read these terms carefully, and keep a copy of them for your reference.
www.yogapowerwv.com/mindbodyonline is a E-commerce Site. The purpose is to disclose information concerning the services provided by Yoga Power, LLC.
Visiting www.yogapowerwv.com or sending emails to YP constitutes electronic communications. You consent to receive electronic communications and you agree that all agreements, notices, disclosures and other communications that we provide to you electronically, via email and on the Site, satisfy any legal requirement that such communications be in writing.
If you use this site, you are responsible for maintaining the confidentiality of your account and password and for restricting access to your computer, and you agree to accept responsibility for all activities that occur under your account or password. You may not assign or otherwise transfer your account to any other person or entity. You acknowledge that YP is not responsible for third party access to your account that results from theft or misappropriation of your account. YP and its associates reserve the right to refuse or cancel service, terminate accounts, or remove or edit content in our sole discretion.
Any missed or cancelled class without 2 hours advance notice may result in a $10 charge for the class. This may be taken off of a class pass package or charged individually.
Gift cards are non-refundable and redeemable for merchandise and services only. Gift cards are not redeemable for cash.
Links to third party sites/Third party services
www.yogapowerwv.com may contain links to other websites ("Linked Sites"). The Linked Sites are not under the control of YP and YP is not responsible for the contents of any Linked Site, including without limitation any link contained in a Linked Site, or any changes or updates to a Linked Site. YP is providing these links to you only as a convenience, and the inclusion of any link does not imply endorsement by YP of the site or any association with its operators.
Certain services made available via www.yogapowerwv.com are delivered by third party sites and organizations. By using any product, service or functionality originating from the www.yogapowerwv.com domain, you hereby acknowledge and consent that YP may share such information and data with any third party with whom YP has a contractual relationship to provide the requested product, service or functionality on behalf of www.yogapowerwv.com users and customers.
No unlawful or prohibited use/Intellectual Property
All content included as part of the Service, such as text, graphics, logos, images, as well as the compilation thereof, and any software used on the Site, is the property of YP or its suppliers and protected by copyright and other laws that protect intellectual property and proprietary rights. You agree to observe and abide by all copyright and other proprietary notices, legends or other restrictions contained in any such content and will not make any changes thereto.
You will not modify, publish, transmit, reverse engineer, participate in the transfer or sale, create derivative works, or in any way exploit any of the content, in whole or in part, found on the Site. Yoga Power, LLC content is not for resale. Your use of the Site does not entitle you to make any unauthorized use of any protected content, and in particular you will not delete or alter any proprietary rights or attribution notices in any content. You will use protected content solely for your personal use, and will make no other use of the content without the express written permission of YP and the copyright owner. You agree that you do not acquire any ownership rights in any protected content. We do not grant you any licenses, express or implied, to the intellectual property of YP or our licensors except as expressly authorized by these Terms.
The Service is controlled, operated and administered by YP from our offices within the USA. If you access the Service from a location outside the USA, you are responsible for compliance with all local laws. You agree that you will not use the YP content accessed through www.yogapowerwv.com in any country or in any manner prohibited by any applicable laws, restrictions or regulations.
You agree to indemnify, defend and hold harmless YP, its officers, directors, employees, agents and third parties, for any losses, costs, liabilities and expenses (including reasonable attorneys' fees) relating to or arising out of your use of or inability to use the Site or services, any user postings made by you, your violation of any terms of this Agreement or your violation of any rights of a third party, or your violation of any applicable laws, rules or regulations. YP reserves the right, at its own cost, to assume the exclusive defense and control of any matter otherwise subject to indemnification by you, in which event you will fully cooperate with YP in asserting any available defenses.
THE INFORMATION, SOFTWARE, PRODUCTS, AND SERVICES INCLUDED IN OR AVAILABLE THROUGH THE SITE MAY INCLUDE INACCURACIES OR TYPOGRAPHICAL ERRORS. CHANGES ARE PERIODICALLY ADDED TO THE INFORMATION HEREIN. YOGA POWER, LLC AND/OR ITS SUPPLIERS MAY MAKE IMPROVEMENTS AND/OR CHANGES IN THE SITE AT ANY TIME.
YOGA POWER, LLC 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 SITE 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. YOGA POWER, LLC AND/OR ITS SUPPLIERS 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 AND NON-INFRINGEMENT.
YP reserves the right, in its sole discretion, to terminate your access to the Site and the related services or any portion thereof at any time, without notice. To the maximum extent permitted by law, this agreement is governed by the laws of the State of West Virginia and you hereby consent to the exclusive jurisdiction and venue of courts in West Virginia in all disputes arising out of or relating to the use of the Site. Use of the Site is unauthorized in any jurisdiction that does not give effect to all provisions of these Terms, including, without limitation, this section.
You agree that no joint venture, partnership, employment, or agency relationship exists between you and YP as a result of this agreement or use of the Site. YP's performance of this agreement is subject to existing laws and legal process, and nothing contained in this agreement is in derogation of YP's right to comply with governmental, court and law enforcement requests or requirements relating to your use of the Site or information provided to or gathered by YP 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 YP with respect to the Site and it supersedes all prior or contemporaneous communications and proposals, whether electronic, oral or written, between the user and YP with respect to the Site. 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. It is the express wish to the parties that this agreement and all related documents be written in English.
Changes to Terms
YP reserves the right, in its sole discretion, to change the Terms under which www.yogapowerwv.com is offered. The most current version of the Terms will supersede all previous versions. YP encourages you to periodically review the Terms to stay informed of our updates.
YP welcomes your questions or comments regarding the Terms:
Yoga Power, LLC
601 Morris Street, Suite 302
Charleston, West Virginia 25301
Effective as of August 27, 2016
YP may collect personally identifiable information, such as your name. If you purchase YP's products and services, we collect billing and credit card information. This information is used to complete the purchase transaction. YP may also collect anonymous demographic information, which is not unique to you, such as your age and gender. We may gather additional personal or non-personal information in the future.
Information about your computer hardware and software may be automatically collected by YP. This information can include: your IP address, browser type, domain names, access times and referring website addresses. This information is used for the operation of the service, to maintain quality of the service, and to provide general statistics regarding use of the YP website.
YP encourages you to review the privacy statements of websites you choose to link to from YP so that you can understand how those websites collect, use and share your in- formation. YP is not responsible for the privacy statements or other content on websites outside of the YP website.
Use of your Personal Information
YP collects and uses your personal information to operate its website(s) and deliver the services you have requested.
YP may also use your personally identifiable information to inform you of other products or services available from YP and its affiliates. YP may also contact you via surveys to conduct research about your opinion of current services or of potential new services that may be offered.
YP does not sell, rent or lease its customer lists to third parties.
YP may share data with trusted partners to help perform statistical analysis, send you email or postal mail, provide customer support, or arrange for deliveries. All such third parties are prohibited from using your personal information except to provide these services to YP, and they are required to maintain the confidentiality of your information.
YP will disclose your personal information, without notice, only if required to do so by law or in the good faith belief that such action is necessary to: (a) conform to the edicts of the law or comply with legal process served on YP or the site; (b) protect and defend the rights or property of YP; and, (c) act under exigent circumstances to protect the personal safety of users of YP, or the public.
Security of your Personal Information
YP retains the services of MINDBODY Processing (MB) as their merchant service provider.
MB maintains Digital Properties and all associated data with technical, administrative and physical safeguards to protect against loss, unauthorized access, destruction, misuse, modification and improper disclosure.
When you enter sensitive information (such as a credit card number) on our order forms, MB encrypts the transmission of that information using secure socket layer technology (SSL). No computer system or information can ever be fully protected against every possible hazard. MB is committed to providing reasonable and appropriate security controls to protect our web sites and information against foreseeable hazards. If you have any questions about security on our web site, you can contact them at email@example.com.
Children Under Thirteen
YP does not knowingly collect personally identifiable information from children under the age of thirteen. If you are under the age of thirteen, you must ask your parent or guardian for permission to use this website.
Disconnecting your YP Account from Third Party Websites
You will be able to connect your YP account to third party accounts. BY CONNECTING YOUR YP ACCOUNT TO YOUR THIRD PARTY ACCOUNT, YOU ACKNOWLEDGE AND AGREE THAT YOU ARE CONSENTING TO THE CONTINUOUS RELEASE OF INFORMATION ABOUT YOU TO OTHERS (IN ACCORDANCE WITH YOUR PRIVACY SETTINGS ON THOSE THIRD PARTY SITES). IF YOU DO NOT WANT INFORMATION ABOUT YOU, INCLUDING PERSONALLY IDENTIFYING INFORMATION, TO BE SHARED IN THIS MANNER, DO NOT USE THE THIS FEATURE. You may disconnect your account from a third party account at any time.
Opt-Out & Unsubscribe
We respect your privacy and give you an opportunity to opt-out of receiving announcements of certain information. Users may opt-out of receiving any or all communications from YP by marking the options in your account profile.
Changes to this Statement
YP will occasionally update this Statement of Privacy to reflect company and customer feedback. YP encourages you to periodically review this Statement to be informed of how YP is protecting your information.
YP welcomes your questions or comments regarding this Statement of Privacy. If you believe that YP has not adhered to this Statement, please contact YP at:
Yoga Power, LLC
601 Morris Street, Suite 302
Charleston, West Virginia 25301
Email Address: firstname.lastname@example.org
Telephone number: 681-265-9384
Effective as of August 27, 2016
WAIVER AND CUSTOMER AGREEMENT - by signing below I acknowledge that I have read and attest to the following:
1. I have been examined by a physician within the past year and have been found to be in good physical health and fully capable of performing all yoga exercise that will be taught during all classes at Yoga Power, LLC. If I have not been examined within one year then I have decided to participate in all activities at my own risk, assuming all responsibilities for my participation.
2. I am aware that participating in any physical exercise, sports activity or fitness programs can be dangerous and can involve risks or injuries. I acknowledge that I am participating in these activities assuming all risks and dangers of injury from my actions or actions of others.
3. I accept all risks as stated herein and freely, voluntarily and expressly agree that Yoga Power, LLC, their officers, members, directors, agents, employees, instructors, volunteers, independent contractors and those acting by and/ or on behalf of Yoga Power, LLC will not be liable (whether related to a fitness program or not) for any and all liability, claims or causes of action or demands of any kind of nature whatsoever that may result or arise, by or in connection with my participation in any activities related to the programs or classes offered by Yoga Power, LLC. The scope of this document includes without limitation any personal, bodily, of mental injury, economic loss or damage to me, my spouse, guests, dependents, children or relatives resulting from any and all acts of negligence on the part of Yoga Power, LLC. This release shall unequivocally release Yoga Power, LLC, its affiliates, officers, members, directors, agents, employees, instructors, volunteers, independent contractors and those acting by and/ or on behalf of Yoga Power, LLC, from all claims and injuries and damages, present or future anticipated, resulting from or arising out of my use or intended use of the facilities or equipment.
4. I freely voluntarily and expressly grant Yoga Power, LLC, and its successors, assigns, affiliates, officers, members, directors, agents, employees, instructors, volunteers, independent contractors and those acting by and/or on behalf of Yoga Power, LLC permission to use my name, picture, or portrait, likeness, writings, and biographical information, audio tape and/or videotape, recordings, sound or silent motion pictures in any media for editorial, educational, promotional and/or advertising purposes including for the solicitation of business for Yoga Power, LLC and in furtherance of any and all corporate objectives of Yoga Power, LLC.
5. I expressively acknowledge that all services sold by Yoga Power, LLC are non-refundable, and are also nontransferable. I also acknowledge that I have been advices that if I pre-purchased tickets for a workshop or special event (“Event”) offered by to otherwise facilitated by Yoga Power, LLC, and I fail to attend said Event, the cost of said Event paid by me will be credited towards my then existing account at Yoga Power, LLC.
6. I hereby certify that I am at least 18 years of age and I have read the contents of this informed consent and release of liability (Parent or Guardian signature is required for a participants under 18 years of age).
I HAVE READ THE ABOVE STATEMENT AND UNDERSTAND THE CONDITIONS