PLEASE READ THESE TERMS CAREFULLY BEFORE DOWNLOADING THE APPLICATION OR USING THE SERVICE. IF YOU DO NOT AGREE TO THESE TERMS, PLEASE DO NOT USE THE SERVICES.
Holy Yoga Services
Holy Yoga offers information, content, and means to arrange and schedule Christian yoga sessions offered by independent instructors (each an “Instructor”) to individuals (each a “Participant”) through the use of the Website or an application supplied by Holy Yoga and downloaded and installed by you on any mobile device that you own or control (the “Application”). Such information, content, and means, as well as any other services provided by Holy Yoga to arrange and schedule Christian yoga sessions by means of the Website or Application are hereafter referred to as the “Services.” Instructors and Participants must agree to these Terms before accessing, receiving, using, or participating in the Services.
By clicking “Sign Up,” you represent and expressly acknowledge and agree to be bound by these Terms and by any future amendments and additions to these Terms as published from time to time at holyyoga.net or through the Services. Instructors and Participants (collectively, “you,” your,” “yourself”) acknowledge that these Terms constitute a legally binding contract between you and Holy Yoga, Inc. (“Holy Yoga,” “we,” “us” or “our”).
You must be 18 years of age or older to use the Services. If you reside in a jurisdiction that restricts the use of the Services because of age, or restricts the ability to enter into contracts such as this one due to age, you must abide by such age limits and you must not use the Services. You represent that if you are an individual, you are of legal age to enter into a binding contract, or that if you are registering on behalf of a legal entity, that you are authorized to enter into, and bind the entity to, these Terms and register for the Services.
For the avoidance of doubt: Holy Yoga itself does not provide Christian yoga sessions on your behalf, and Holy Yoga is not an Instructor or Participant for purposes of this Agreement. It is up to the Instructor to offer Christian yoga sessions, which may be requested through the use of the Services. Holy Yoga only acts as intermediary between Instructors and Participants. The provision of the Christian yoga services by the Instructor to a Participant therefore subject to arrangement between Instructors and Participants. Holy Yoga shall never be a party to such agreement or arrangement. Holy Yoga serves only as a facilitator for Instructors and Participants to make their arrangements. Instructors and Participants agree that Holy Yoga will neither be obligated under, nor party to, their arrangements.
Use of the Services
You warrant that the information you provide to Holy Yoga is accurate and complete. Holy Yoga is entitled at all times to verify the information that you have provided and to refuse the Services without providing reasons.
You may only access the Services using authorized means. It is your responsibility to check to ensure you download the correct Application for your device. Holy Yoga is not liable for anything related to your mobile device or for anything that may occur if you download the wrong version of the Application for your mobile device. Holy Yoga reserves the right to terminate the Services and your use of the Website or Application should you be using the Services with an incompatible or unauthorized device.
Termination of Use of the Services
Holy Yoga may terminate your access to the Services for any reason, including, without limitation, your violation of any term herein or in any other agreement between you and Holy Yoga, such termination to be effective immediately upon delivery of written notice to you.
Limitations of the Services
YOU ACKNOWLEDGE THAT HOLY YOGA DOES NOT PROVIDE CHRISTIAN YOGA SESSIONS PURSUANT TO THESE TERMS OR FUNCTION AS AN INSTRUCTOR OF PARTICIPANT. HOLY YOGA’S SERVICES MAY BE USED BY YOU TO REQUEST AND SCHEDULE CHRISTIAN YOGA SESSIONS WITH INSTRUCTORS, OR FOR YOU (IF AN INSTRUCTOR) TO AGREE TO PROVIDE CHRISTIAN YOGA SESSIONS, BUT YOU AGREE THAT HOLY YOGA HAS NO RESPONSIBILITY OR LIABILITY TO YOU RELATED TO ANY TRANSPORTATION, EXERCISE, OR LOGISTICS PROVIDED TO YOU OR BY YOU AS A THIRD PARTY INSTRUCTOR THROUGH THE USE OF THE SERVICES OTHER THAN AS EXPRESSLY SET FORTH IN THESE TERMS.
HOLY YOGA DOES NOT GUARANTEE THE SUITABILITY, SAFETY, OR ABILITY OF INSTRUCTORS. INSTRUCTORS ARE NOT EMPLOYEES, AGENTS, OR CONTRACTORS OF HOLY YOGA. IT IS SOLELY YOUR RESPONSIBILITY AS A PARTICIPANT TO DETERMINE IF AN INSTRUCTOR WILL MEET YOUR NEEDS AND EXPECTATIONS. BY USING THE SERVICES, YOU ACKNOWLEDGE THAT YOU MAY BE EXPOSED TO SITUATIONS INVOLVING PARTICIPANTS OR INSTRUCTORS THAT ARE POTENTIALLY UNSAFE, OFFENSIVE, HARMFUL TO MINORS, OR OTHERWISE OBJECTIONABLE, AND THAT THE ARRANGEMENT AND SCHEDULING OF PARTICIPANTS AND INSTRUCTORS IS ALWAYS AT YOUR OWN RISK AND JUDGMENT. HOLY YOGA SHALL NOT HAVE ANY LIABILITY ARISING FROM OR IN ANY WAY RELATED TO YOUR TRANSACTIONS OR RELATIONSHIP WITH INSTRUCTORS OR PARTICIPANTS.
HOLY YOGA WILL NOT PARTICIPATE IN NEGOTIATIONS OR DISPUTES BETWEEN PARTICIPANTS AND INSTRUCTORS.
By accessing and using the Services, you also agree to only use the services for lawful purposes. You will not use Holy Yoga for any criminal purpose or in relation to any criminal enterprise. You will only use the Services in connection with making arrangements for Christian yoga sessions. You will not use the Services for any other purpose, including, without limitation, buying or selling goods, or providing services other than Christian yoga. Holy Yoga reserves the right to review accounts in violation of these Terms and to terminate user accounts at any time and without prior notice.
License Grants, Restrictions and Intellectual Property
For the purpose of these Terms, the following definitions apply:
“Collective Content” means, collectively, Holy Yoga Content and User Content.
“Content” means all content, including, but not limited to, logos, icons, trademarks, text, graphics text, graphics, photographs, images, moving images, sound, illustrations, music, software (excluding the Application), opinions, remarks, comments, authorship, artwork, links, questions, suggestions, information or other materials.
“Holy Yoga Content” means Content owned or used by Holy Yoga, its affiliates or licensors and made available through the Services, including any Content licensed from a third party, but excluding User Content.
“User” means an Instructor, Participant, or any other person (excluding Holy Yoga) who accesses or uses the Services.
“User Content” means Content that a User posts, uploads, publishes, submits or transmits to be made available on the Website or through the Services or Application.
Intellectual Property Ownership
Holy Yoga alone (and its licensors, where applicable) owns all right, title and interest, including all related intellectual property rights, in and to the Website, the Application, the Services, and the Holy Yoga Content, and any suggestions, ideas, enhancement requests, feedback, recommendations or other information provided by you or any other party relating to the Website, Application, the Services, or the Holy Yoga Content.
These Terms do not constitute a sale and do not convey to you any rights of ownership in or related to the Website, the Application, the Services, or the Holy Yoga Content, or any intellectual property rights owned by Holy Yoga. Holy Yoga’s name, logo, and the product names associated with the Services are trademarks of Holy Yoga, its affiliated companies, and no right or license is granted to use them except as expressly stated herein.
Content License Granted by User
We may, in our sole discretion, permit Users to post, upload, publish, submit or transmit User Content on the Website or through the Services or Application. User Content will be deemed non-confidential and non-proprietary. Accordingly, you hereby grant Holy Yoga the perpetual, irrevocable, worldwide, non-exclusive, transferable, royalty-free, license to view, download, print, use, copy, prepare derivate works based upon, distribute, publicly perform, publicly display, transmit, stream, broadcast, publish, disclose to third parties, license, sell, transfer, and otherwise exploit any User Content for any purpose, in any medium now known or hereafter developed. You represent and warrant that you have the capacity and authority to grant the license as stipulated in this paragraph.
Furthermore, you represent and warrant that any User Content posted, uploaded, published, submitted or transmitted by you is original to you and does not copy the work of any third party or otherwise infringe any third party copyrights, trademark or other intellectual property rights, rights of privacy or publicity or personality rights and does not contain any defamatory or disparaging statements.
You agree to indemnify and keep Holy Yoga, its affiliates and licensors indemnified against all costs, expenses, damages, losses and liabilities threatened, incurred or suffered by Holy Yoga or its affiliated companies related to any User Content posted or transmitted by you or your other use of the Website, the Services or the Application.
Holy Yoga reserves the right at its sole discretion to block or remove (in whole or in part) any User Content posted or transmitted by you and which Holy Yoga believes is not in accordance with these Terms (including materials which infringe or may infringe third party intellectual property rights, rights of privacy or publicity or personality rights), or is otherwise unacceptable to Holy Yoga.
You understand that all User Content, including postings, photos, review comments, and other messages including conversations between Participants and Instructors that are submitted, used and stored on the Website or the Application, are the sole responsibility of the originator of the User. Holy Yoga does not control and is not responsible for User Content. You agree that you will not provide Content that is defamatory, libelous, hateful, violent, obscene, pornographic, unlawful, or otherwise offensive, as determined by Holy Yoga, whether or not such Content maybe protected by law. Holy Yoga retains the right to review and remove Content at any time and without notice to any User.
Content License Granted by Holy Yoga
Subject to your compliance with these Terms, Holy Yoga grants you a limited, revocable, non-exclusive, non-transferable license:
- to view, download and print any Holy Yoga Content; and
- to view any User Content to which you are permitted access
for the sole purpose of using the Services to help you administer your ministry and provide Christian yoga sessions between Instructors and Participants.
You have no right to sublicense the license rights granted in this section.
You may not view, download, print, use, copy, prepare derivate works based upon, distribute, publicly perform, publicly display, transmit, stream, broadcast, publish, disclose to third parties, license, sell, transfer, or otherwise exploit the Website, Services, Application or Collective Content that is not your own, except as expressly permitted in these Terms. No licenses or rights are granted to you by implication or otherwise under any intellectual property rights owned or controlled by Holy Yoga or its licensors, except for the licenses and rights expressly granted in these Terms.
You acknowledge that Holy Yoga may only act as a passive conduit for the distribution of the User Content, and in any event is not responsible or liable to you or to any third party for the content or accuracy of the User Content. Holy Yoga is not and shall not be under an obligation to continuously monitor User Content published by you, or moderate between Users. Without limiting the foregoing, you acknowledge and agree that any remarks, opinions, comments, suggestions and other information expressed or included in the User Content do not necessarily represent those of Holy Yoga.
Any use by you of the User Content is entirely at your own risk.
You agree to promptly notify Holy Yoga in writing of any User Content which breaches these Terms. You agree to provide to Holy Yoga sufficient information to enable Holy Yoga to investigate whether such User Content breaches these Terms. Holy Yoga agrees to make good faith efforts to investigate such complaint and shall take such action as Holy Yoga in its sole discretion decides. However, Holy Yoga does not warrant or represent that it will block or remove (in whole or in part) such User Content.
Application License Granted by Holy Yoga
Subject to your compliance with these Terms, Holy Yoga grants you a limited, revocable, non-exclusive, non-transferable license to download and install a copy of the Application on any mobile device that you own or control and to run such copy of the Application solely for your own use.
Limitations on Licenses Granted by Holy Yoga.
You shall not:
- license, sublicense, sell, resell, transfer, assign, distribute or otherwise commercially exploit or make available to any third party the Services or the Holy Yoga Content in any way;
- modify or make derivative works based upon the Services or the Holy Yoga Content;
- create Internet “links” to the Services or “frame” or “mirror” any Application on any other server or wireless or Internet-based device;
- reverse engineer or access the Application in order to
- design or build a competitive product or service,
- design or build a product using similar ideas, features, functions or graphics of the Services, or
- copy any ideas, features, functions or graphics of the Services, or
- launch an automated program or script, including, but not limited to, web spiders, web crawlers, web robots, web ants, web indexers, bots, viruses or worms, or any program which may make multiple server requests per second, or unduly burdens or hinders the operation or performance of the Services.
User Representations; Prohibited Uses.
You shall not use the Website, Services, or Application to:
- send spam or otherwise duplicative or unsolicited messages in violation of applicable laws;
- send or store infringing, obscene, threatening, libelous, or otherwise unlawful or tortious material, including material harmful to children or that may violate third party privacy rights;
- send or store material containing software viruses, worms, Trojan horses or other harmful computer code, files, scripts, agents or programs;
- interfere with or disrupt the integrity or performance of the Website, Application, or Services, or the data contained therein;
- attempt to gain unauthorized access to the Services or its related systems or networks;
- impersonate or attempt to impersonate us, a Holy Yoga employee, another User or any other person or entity (including, without limitation, by using e-mail addresses associated with any of the foregoing); or
- engage in any other conduct that restricts or inhibits anyone’s use or enjoyment of the Website, Application, or Services, or which, as determined by us, may harm Holy Yoga or any User or expose any of the foregoing to liability.
Holy Yoga will have the right to and may investigate and prosecute violations of any of the above to the fullest extent of the law. Holy Yoga may involve and cooperate with law enforcement authorities in prosecuting users who violate these Terms. You acknowledge that Holy Yoga has no obligation to monitor your access to or use of the Website, Services, Application, or Collective Content or to review or edit any Collective Content, but has the right to do so for the purpose of operating the Website, the Application and Services, to ensure your compliance with these Terms, or to comply with applicable law or the order or requirement of a court, administrative agency or other governmental body. Holy Yoga reserves the right, at any time and without prior notice, to remove or disable access to any Collective Content that Holy Yoga, at its sole discretion, considers to be in violation of these Terms or otherwise harmful to the Website, the Services, or Application.
To protect Holy Yoga from risk of liability for your actions as an Instructor, Holy Yoga may recommend that PayPal or other payment system provider restrict access to funds in an Instructor’s PayPal or similar account used in connection with the Services based on certain factors, including, but not limited to, service history and complaints. This may result in such provider’s restricting funds in your payment account.
App Store Sourced Application
With respect to any Application (“App Store Sourced Application”) accessed through or downloaded from the Amazon Appstore, Apple App Store or Google Play (each, an “App Store”), you will use the App Store Sourced Application only:
- on either an Apple-branded product that runs iOS (Apple’s proprietary operating system software) or an Android device, as applicable; and
- as permitted by the usage rules set forth in the terms of service published by the applicable App Store. Holy Yoga reserves all rights in and to the Application not expressly granted to you under these Terms.
You acknowledge and agree that:
- these Terms are valid between you and Holy Yoga only, and not any App Store, and
- Holy Yoga, not any App Store, is solely responsible for the App Store Sourced Application and content thereof. Your use of the App Store Sourced Application must comply with the terms of service published by the applicable App Store.
You acknowledge that no App Store has any obligation whatsoever to furnish any maintenance and support services with respect to the App Store Sourced Application.
In the event of any failure of the App Store Sourced Application to conform to any applicable warranty, you may notify the applicable App Store, and such App Store will, where applicable, refund the purchase price for the App Store Sourced Application to you and to the maximum extent permitted by applicable law, such App Store will have no other warranty obligation whatsoever with respect to the App Store Sourced Application. As between Holy Yoga and each App Store, any other claims, losses, liabilities, damages, costs or expenses attributable to any failure to conform to any warranty will be the sole responsibility of Holy Yoga.
You and Holy Yoga acknowledge that, as between Holy Yoga and any App Store, such App Store is not responsible for addressing any claims you have or any claims of any third party relating to the App Store Sourced Application or your possession and use of the App Store Sourced Application, including, but not limited to:
- product liability claims;
- any claim that the App Store Sourced Application fails to conform to any applicable legal or regulatory requirement; and
- claims arising under consumer protection or similar legislation.
You and Holy Yoga acknowledge that, in the event of any third party claim that the App Store Sourced Application or your possession and use of that App Store Sourced Application infringes that third party’s intellectual property rights, as between Holy Yoga and such App Store, Holy Yoga, not the applicable App Store, will be solely responsible for the investigation, defense, settlement and discharge of any such intellectual property infringement claim to the extent required by this Agreement.
You represent and warrant that (i) you are not located in a country that is subject to a U.S. Government embargo, or that has been designated by the U.S. Government as a “terrorist supporting” country; and (ii) you are not listed on any U.S. Government list of prohibited or restricted parties.
You and Holy Yoga acknowledge and agree that each App Store, and such App Stores’ subsidiaries, are third party beneficiaries relating to your license of the App Store Sourced Application, and that, upon your acceptance of these Terms, the App Stores will have the right (and will be deemed to have accepted the right) to enforce the rights under these Terms as related to your license of the App Store Sourced Application against you as a third party beneficiary thereof.
Without limiting any other provisions of these Terms, you must comply with all applicable third party terms of agreement when using the App Store Sourced Application.
Links To Third Party Websites.
The Website or the Application may provide links to other third party websites or resources. Such links to third party websites are provided solely as a convenience to you, and do not constitute or imply an endorsement, sponsorship or recommendation of, or affiliation with the third party or its products and services. Holy Yoga has not reviewed all of these third party sites and does not control and is not responsible for any of these sites or their content. Thus, Holy Yoga makes no representations whatsoever about any other website, which you may access through the Services, or any information, software or other products or materials, found there, or any results that may be obtained from using them. If you decide to access any of the third party sites linked to the Website or Application, you acknowledge and agree that Holy Yoga is not responsible for the availability of such external sites or resources and is not responsible or liable for any content, advertising, products, services or other materials on or available from such sites or resources. It is up to you to take precautions to ensure that whatever you select for your use is free of such items as viruses, worms, Trojan horses and other items of a destructive nature, and you do so entirely at your own risk. Accordingly, you agree that Holy Yoga shall not be responsible or liable, directly or indirectly, for any damage or loss caused or alleged to be caused by or in connection with use of or reliance on any such third-party materials, content, products or services available on or through any such site or resource.
THE CONTENT PROVIDED ON OR THROUGH THE WEBSITE, APPLICATION, OR SERVICES ARE PROVIDED “AS IS” WITHOUT ANY WARRANTIES OF ANY KIND INCLUDING WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, OR NON-INFRINGEMENT OF INTELLECTUAL PROPERTY.
HOLY YOGA DOES NOT WARRANT OR MAKE ANY REPRESENTATIONS REGARDING THE AVAILABILITY, USE, TIMELINESS, SECURITY, VALIDITY, ACCURACY, OR RELIABILITY OF, OR THE RESULTS OF THE USE OF, OR OTHERWISE RESPECTING, THE WEBSITE, THE SERVICES, THE COLLECTIVE CONTENT, OR ANY OTHER WEBSITES LINKED TO OR FROM THE WEBSITE OR THE APPLICATION.
HOLY YOGA DOES NOT WARRANT OR MAKE ANY REPRESENTATIONS REGARDING THE USE OR THE RESULTS OF THE USE OF THE WEBSITE, THE APPLICATION, THE COLLECTIVE CONTENT, OR THE SERVICES IN TERMS OF THEIR CORRECTNESS, ACCURACY, RELIABILITY, OR OTHERWISE. WHILE HOLY YOGA MAY MAKE REASONABLE EFFORTS TO PROVIDE ACCURATE AND TIMELY INFORMATION THROUGH THE SERVICES, YOU SHOULD NOT ASSUME THAT THE INFORMATION PROVIDED IS ALWAYS UP TO DATE OR THAT ALL THE RELEVANT INFORMATION AVAILABLE IS PROVIDED. HOLY YOGA UNDERTAKES NO OBLIGATION TO VERIFY OR MAINTAIN THE CURRENCY OF SUCH INFORMATION.
ANY CONTENT DOWNLOADED OR OTHERWISE OBTAINED THROUGH THE USE OF THE SERVICES IS DONE AT YOUR OWN DISCRETION AND RISK AND YOU ARE SOLELY RESPONSIBLE FOR ANY DAMAGE TO YOUR COMPUTER SYSTEM OR LOSS OF DATA THAT RESULTS FROM THE DOWNLOAD OF ANY SUCH CONTENT, OR USE OF THE SERVICES.
THE CONTENT PRESENTED ON THE WEBSITE OR THE APPLICATION BY HOLY YOGA IS FOR INFORMATION PURPOSES ONLY AND IS NOT MEANT TO SERVE AS A SUBSTITUTE FOR PROFESSIONAL LEGAL, MEDICAL, OR FINANCIAL ADVICE WHICH SHOULD BE OBTAINED THROUGH CONSULTATION WITH APPROPRIATE PROFESSIONALS IN YOUR STATE.
Limitations on Liability
Holy Yoga shall not be liable for any damages resulting from the use of (or inability to use) the Services, including damages caused by malware, viruses or any incorrectness or incompleteness of the Website or Application.
Holy Yoga further shall not be liable for damages resulting from the use of (or the inability to use) electronic means of communication with the Website or the Application, including but not limited to damages resulting from failure or delay in delivery of electronic communications, interception or manipulation of electronic communications by third parties or by computer programs used for electronic communications and transmission of viruses.
Without prejudice to the foregoing, and insofar as allowed under mandatory applicable law, Holy Yoga’s aggregate liability shall in no event exceed an amount of $100.00 or, where applicable, the equivalent of that amount in the currency used by you for the payment of the services to an Instructor.
The quality of the Instructor or delivery services requested through the use of the Services is entirely the responsibility of the Instructor who ultimately provides such services. Holy Yoga under no circumstance accepts liability in connection with or arising from the Instructor or Services provided by the Instructor or any acts, actions, behavior, conduct, or negligence on the part of the Instructor. Any complaints about the Instructor or delivery services provided by the Instructor should therefore be submitted to the Instructor.
Holy Yoga will not be liable for and will not provide any adjustment, refund or credit of any kind as a result of any loss, theft, damage, delay, misdelivery, nondelivery, misinformation or any failure in arrangements among Participants and Instructors.
HOLY YOGA SHALL NOT BE LIABLE FOR INDIRECT, INCIDENTAL, SPECIAL, EXEMPLARY, PUNITIVE, OR CONSEQUENTIAL DAMAGES, INCLUDING LOST PROFITS, LOST DATA, PERSONAL INJURY, OR PROPERTY DAMAGE RELATED TO, IN CONNECTION WITH, OR OTHERWISE RESULTING FROM ANY USE OF THE SERVICE, EVEN IF HOLY YOGA HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. HOLY YOGA SHALL NOT BE LIABLE FOR ANY DAMAGES, LIABILITY OR LOSSES ARISING OUT OF: (i) YOUR USE OF OR RELIANCE ON THE SERVICES OR YOUR INABILITY TO ACCESS OR USE THE SERVICE; OR (ii) ANY TRANSACTION OR RELATIONSHIP BETWEEN YOU AND ANY THIRD PARTY PROVIDER, EVEN IF HOLY YOGA HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. HOLY YOGA SHALL NOT BE LIABLE FOR DELAY OR FAILURE IN PERFORMANCE RESULTING FROM CAUSES BEYOND HOLY YOGA’S REASONABLE CONTROL. IN NO EVENT SHALL HOLY YOGA’S TOTAL LIABILITY TO YOU IN CONNECTION WITH THE SERVICES FOR ALL DAMAGES, LOSSES AND CAUSES OF ACTION EXCEED ONE HUNDRED U.S. DOLLARS (US $100).
THE LIMITATIONS AND DISCLAIMER IN THIS SECTION DO NOT PURPORT TO LIMIT LIABILITY OR ALTER YOUR RIGHTS AS A CONSUMER THAT CANNOT BE EXCLUDED UNDER APPLICABLE LAW.
Procedure for Making Claims of Copyright Infringement.
We respect the intellectual property rights of others and expect Users to do the same. Holy Yoga will, upon receiving proper notice, act to remove or disable access to any such material as set forth in the Digital Millennium Copyright Act (17 USC § 512) (www.copyright.gov/legislation/dmca.pdf). Any notifications of claimed copyright infringement must be sent to us at the following address: email@example.com. When notifying Holy Yoga of the alleged copyright infringement, please provide complete and sufficient information, including identification of the copyrighted work alleged to have been infringed, the alleged infringing material, the address and contact information for the owner of the alleged copyright material, and a statement that the information in the notification is accurate, and, under the penalty of perjury, that the complaining party is authorized to act on behalf of the owner of the alleged copyright.
You agree to indemnify and hold Holy Yoga and its officers, directors, employees, and agents harmless from any and all claims, demands, losses, liabilities, and expenses (including attorney fees), arising out of or in connection with: (i) your use of the Services or all services obtained through your use of the Services; (ii) your breach or violation of any of these Terms; (iii) Holy Yoga’s use of your User Content; or (iv) your violation of the rights of any third party, including Instructors and Participants.
Dispute Resolution: Arbitration
You agree that any dispute, claim or controversy arising out of or relating to these Terms or the breach, termination, enforcement, interpretation or validity thereof or the use of the Services (collectively, “Disputes”) will be settled by binding arbitration between you and Holy Yoga, except that each party retains the right to seek injunctive or other equitable relief in a court of competent jurisdiction. You acknowledge and agree that you and Holy Yoga are each waiving the right to a trial by jury or to participate as a plaintiff or class in any purported class action or representative proceeding. Further, unless both you and Holy Yoga otherwise agree in writing, the arbitral panel may not consolidate more than one person’s claims, and may not otherwise preside over any form of any class or representative proceeding. This section will survive any termination of these Terms.
Arbitration Rules and Governing Law.
The arbitration will be administered by the American Arbitration Association (“AAA”) in accordance with the Commercial Arbitration Rules and the Supplementary Procedures for Consumer Related Disputes (the “AAA Rules”) then in effect, except as modified by this “Dispute Resolution” section. Any arbitration will be governed by Arizona law and will take place in Maricopa County, Arizona.
WITH RESPECT TO ANY ARBITRATION, SUIT, ACTION, OR PROCEEDINGS RELATING TO THESE TERMS (EACH, A “PROCEEDING”), yOU IRREVOCABLY (A) SUBMIT TO THE NON-EXCLUSIVE JURISDICTION OF THE STATE AND FEDERAL COURTS HAVING JURISDICTION IN THE COUNTY OF MARICOPA, STATE OF ARIZONA, (B) WAIVE ANY OBJECTION you MAY HAVE AT ANY TIME TO THE LAYING OF VENUE OF ANY PROCEEDING BROUGHT IN ANY SUCH COURT, (C) WAIVE ANY CLAIM THAT ANY PROCEEDING HAS BEEN BROUGHT IN AN INCONVENIENT FORUM, AND (D) WAIVE THE RIGHT TO OBJECT, WITH RESPECT TO SUCH PROCEEDING, THAT SUCH COURT DOES NOT HAVE JURISDICTION OVER SUCH PARTY.
A party who desires to initiate arbitration must provide the other party with a written demand for arbitration as specified in the AAA Rules. Arbitration shall occur before a panel of three arbitrators. Each party shall appoint one arbitrator, who will be either a retired judge or an attorney licensed to practice law in the state of Arizona, and such two appointed arbitrators shall together appoint a third arbitrator to serve as the chairman of the arbitral panel. If either party does not appoint an arbitrator within seven (7) days of delivery of the demand for arbitration, then the AAA will appoint the arbitrator for such party in accordance with the AAA Rules.
The arbitral panel will render an award within the time frame specified in the AAA Rules. Judgment on the arbitration award may be entered in any court having jurisdiction pursuant to these Terms. The arbitral panel’s award of damages must be consistent with the Terms, including, but not limited to, the “Limitations of Liability” and “Indemnity” sections above as to the types and the amounts of damages for which a party may be held liable. The prevailing party will be entitled to an award of attorney fees and expenses, to the extent provided under applicable law.
Your responsibility to pay any AAA filing, administrative and arbitrator fees will be solely as set forth in the AAA Rules.
Choice of Law
These Terms are governed by and construed in accordance with the laws of the State of Arizona, U.S.A., without giving effect to any conflict of law principles.
You may not assign these Terms or any rights or obligations with respect thereto without Holy Yoga’s prior written approval. Holy Yoga may assign these Terms without your consent to: (i) a subsidiary or affiliate; (ii) an acquirer of Holy Yoga’s equity, business or assets; (iii) a successor by merger; or (iv) any other successor in interest to Holy Yoga. Any purported assignment in violation of this section shall be void. No joint venture, partnership, employment, or agency relationship exists between you, Holy Yoga or any Participant or Instructor as a result of these Terms or use of the Services. If any provision of these Terms is held to be invalid or unenforceable, such provision shall be struck and the remaining provisions shall be enforced to the fullest extent under law. Holy Yoga’s failure to enforce any right or provision in these Terms shall not constitute a waiver of such right or provision unless acknowledged and agreed to by Holy Yoga in writing.
Questions, Complaints or Claims
P.O. Box 655
Moorhead, MN 56561-0665