terms of use
Welcome to our site. We maintain this web site as a service to our customers. By using our site, you are agreeing to comply with and be bound by the following terms of use. Please review the following terms carefully. If you do not agree to these terms, you should not review information or obtain goods or products from this site. 1. Acceptance of Agreement. You agree to the terms and conditions outlined in this Terms of Use Agreement (“Agreement”) with respect to our site (the “Site”). This Agreement constitutes the entire and only agreement between us and you, and supersedes all prior or contemporaneous agreements, representations, warranties and understandings with respect to the Site, the content, products or services provided by or through the Site, and the subject matter of this Agreement. This Agreement may be amended at any time by us from time to time without specific notice to you. The latest Agreement will be posted on the Site, and you should review this Agreement prior to using the Site. 2. Copyright. The content, organization, graphics, design, compilation, magnetic translation, digital conversion and other matters related to the Site are protected under applicable copyrights, trademarks and other proprietary (including but not limited to intellectual property) rights. The copying, redistribution, use or publication by you of any such matters or any part of the Site, except as allowed by Section 4, is strictly prohibited. You do not acquire ownership rights to any content, document or other materials viewed through the Site. The posting of information or materials on the Site does not constitute a waiver of any right in such information and materials. 3. Trademarks. YP, and others are either trademarks or registered trademarks of Yoga Perspectives. Other product and company names mentioned on the Site may be trademarks of their respective owners. 4. Limited Right to Use. The viewing, printing or downloading of any content, graphic, form or document from the Site grants you only a limited, nonexclusive license for use solely by you for your own personal use and not for republication, distribution, assignment, sublicense, sale, preparation of derivative works or other use. No part of any content, form or document may be reproduced in any form or incorporated into any information retrieval system, electronic or mechanical, other than for your personal use (but not for resale or redistribution). 5. Editing, Deleting and Modification. We reserve the right in our sole discretion to edit or delete any documents, information or other content appearing on the Site. 6. Indemnification. You agree to indemnify, defend and hold us and our partners, attorneys, staff and affiliates (collectively, “Affiliated Parties”) harmless from any liability, loss, claim and expense, including reasonable attorney’s fees, related to your violation of this Agreement or use of the Site. 7. Nontransferable. Your right to use the Site is not transferable. Any password or right given to you to obtain information or documents is not transferable. 8. Disclaimer and Limits. THE INFORMATION FROM OR THROUGH THE SITE ARE PROVIDED “AS-IS,” “AS AVAILABLE,” AND ALL WARRANTIES, EXPRESS OR IMPLIED, ARE DISCLAIMED (INCLUDING BUT NOT LIMITED TO THE DISCLAIMER OF ANY IMPLIED WARRANTIES OF MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE). THE INFORMATION AND SERVICES MAY CONTAIN BUGS, ERRORS, PROBLEMS OR OTHER LIMITATIONS. WE AND OUR AFFILIATED PARTIES HAVE NO LIABILITY WHATSOEVER FOR YOUR USE OF ANY INFORMATION OR SERVICE. IN PARTICULAR, BUT NOT AS A LIMITATION THEREOF, WE AND OUR AFFILIATED PARTIES ARE NOT LIABLE FOR ANY INDIRECT, SPECIAL, INCIDENTAL OR CONSEQUENTIAL DAMAGES (INCLUDING DAMAGES FOR LOSS OF BUSINESS, LOSS OF PROFITS, LITIGATION, OR THE LIKE), WHETHER BASED ON BREACH OF CONTRACT, BREACH OF WARRANTY, TORT (INCLUDING NEGLIGENCE), PRODUCT LIABILITY OR OTHERWISE, EVEN IF ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. THE NEGATION OF DAMAGES SET FORTH ABOVE ARE FUNDAMENTAL ELEMENTS OF THE BASIS OF THE BARGAIN BETWEEN US AND YOU. THIS SITE AND THE INFORMATION WOULD NOT BE PROVIDED WITHOUT SUCH LIMITATIONS. NO ADVICE OR INFORMATION, WHETHER ORAL OR WRITTEN, OBTAINED BY YOU FROM US THROUGH THE SITE SHALL CREATE ANY WARRANTY, REPRESENTATION OR GUARANTEE NOT EXPRESSLY STATED IN THIS AGREEMENT. ALL RESPONSIBILITY OR LIABILITY FOR ANY DAMAGES CAUSED BY VIRUSES CONTAINED WITHIN THE ELECTRONIC FILE CONTAINING THE FORM OR DOCUMENT IS DISCLAIMED. WE WILL NOT BE LIABLE TO YOU FOR ANY INCIDENTAL, SPECIAL OR CONSEQUENTIAL DAMAGES OF ANY KIND THAT MAY RESULT FROM USE OF OR INABILITY TO USE OUR SITE. OUR MAXIMUM LIABILITY TO YOU UNDER ALL CIRCUMSTANCES WILL BE EQUAL TO THE PURCHASE PRICE YOU PAY FOR ANY GOODS, SERVICES OR INFORMATION. 9. Use of Information. We reserve the right, and you authorize us, to the use and assignment of all information regarding Site uses by you and all information provided by you in any manner consistent with our Privacy Policy. 10. Third-Party Services. We allow access to or advertise third-party merchant sites (“Merchants”) from which you may purchase certain goods or services. You understand that we do not operate or control the products or services offered by Merchants. Merchants are responsible for all aspects of order processing, fulfillment, billing and customer service. We are not a party to the transactions entered into between you and Merchants. You agree that use of such Merchants is AT YOUR SOLE RISK AND IS WITHOUT WARRANTIES OF ANY KIND BY US, EXPRESSED, IMPLIED OR OTHERWISE INCLUDING WARRANTIES OF TITLE, FITNESS FOR PURPOSE, MERCHANTABILITY OR NON-INFRINGEMENT. UNDER NO CIRCUMSTANCES ARE WE LIABLE FOR ANY DAMAGES ARISING FROM THE TRANSACTIONS BETWEEN YOU AND MERCHANTS OR FOR ANY INFORMATION APPEARING ON MERCHANT SITES OR ANY OTHER SITE LINKED TO OUR SITE. 11. Third-Party Merchant Policies. All rules, policies (including privacy policies) and operating procedures of Merchants will apply to you while on such sites. We are not responsible for information provided by you to Merchants. We and the Merchants are independent contractors and neither party has authority to make any representations or commitments on behalf of the other. 12. Privacy Policy. Our Privacy Policy, as it may change from time to time, is a part of this Agreement. 13. Payments. You represent and warrant that if you are purchasing something from us or from Merchants that (i) any credit information you supply is true and complete, (ii) charges incurred by you will be honored by your credit card company, and (iii) you will pay the charges incurred by you at the posted prices, including any applicable taxes. 14. Securities Laws. This Site may include statements concerning our operations, prospects, strategies, financial condition, future economic performance and demand for our products or services, as well as our intentions, plans and objectives, that are forward-looking statements. These statements are based upon a number of assumptions and estimates which are subject to significant uncertainties, many of which are beyond our control. When used on our Site, words like “anticipates,” “expects,” “believes,” “estimates,” “seeks,” “plans,” “intends” and similar expressions are intended to identify forward-looking statements designed to fall within securities law safe harbors for forward-looking statements. The Site and the information contained herein does not constitute an offer or a solicitation of an offer for sale of any securities. None of the information contained herein is intended to be, and shall not be deemed to be, incorporated into any of our securities-related filings or documents. 15. Links to other Web Sites. The Site contains links to other Web sites. We are not responsible for the content, accuracy or opinions express in such Web sites, and such Web sites are not investigated, monitored or checked for accuracy or completeness by us. Inclusion of any linked Web site on our Site does not imply approval or endorsement of the linked Web site by us. If you decide to leave our Site and access these third-party sites, you do so at your own risk. 16. Copyrights and Copryright Agents. We respect the intellectual property of others, and we ask you to do the same. If you believe that your work has been copied in a way that constitutes copyright infringement, please provide our Copyright Agent the following information: (a) An electronic or physical signature of the person authorized to act on behalf of the owner of the copyright interest; (b) A description of the copyrighted work that you claim has been infringed; (c) A description of where the material that you claim is infringing is located on the Site; (d) Your address, telephone number, and email address; (e) A statement by you that you have a good faith belief that the disputed use is not authorized by the copyright owner, its agent, or the law; and (f) A statement by you, made under penalty of perjury, that the above information in your Notice is accurate and that you are the copyright owner or authorized to act on the copyright owner’s behalf. Our Copyright Agent for Notice of claims of copyright infringement on the Site is Emily Narayan who can be reached as follows: By mail: [Jennifer Stevens and Mai Town Yoga] Copyright Agent c/o Definitive Rehab 307 E. Ovilla Road, Suite 600, Red Oak, Texas 75154 By phone: 972-576-2920 By email: jstevens@definitverehab.com 17. Refund Policy. If a product purchased by you proves to be defective or not to your reasonable satisfaction, you can return the product within 7 days of receipt, by reaching customer service email admin@yogaperspective.com. In such event, we will provide you a credit for your specified purchases on the Site. This Section 17 sets forth your sole and exclusive right to refund and return. 18. Information and Press Releases. The Site contains information and press releases about us. While this information was believed to be accurate as of the date prepared, we disclaim any duty or obligation to update this information or any press releases. Information about companies other than ours contained in the press release or otherwise, should not be relied upon as being provided or endorsed by us. 19. Miscellaneous. This Agreement shall be treated as though it were executed and performed in Abilene, TX and shall be governed by and construed in accordance with the laws of the State of Texas (without regard to conflict of law principles). Any cause of action by you with respect to the Site (and/or any information, products or services related thereto) must be instituted within one (1) year after the cause of action arose or be forever waived and barred. All actions shall be subject to the limitations set forth in Section 8 and Section 10. The language in this Agreement shall be interpreted as to its fair meaning and not strictly for or against either party. All legal proceedings arising out of or in connection with this Agreement shall be brought solely in Abilene, Texas. You expressly submit to the exclusive jurisdiction of said courts and consents to extra-territorial service of process. Should any part of this Agreement be held invalid or unenforceable, that portion shall be construed consistent with applicable law and the remaining portions shall remain in full force and effect. To the extent that anything in or associated with the Site is in conflict or inconsistent with this Agreement, this Agreement shall take precedence. Our failure to enforce any provision of this Agreement shall not be deemed a waiver of such provision.nor of the right to enforce such provision.
Privacy statement
Privacy Policy We have
created this privacy statement in order to demonstrate our firm and
continuing commitment to the privacy of personal information provided by
those visiting and interacting with this web site. We hold the privacy
of your personal information in the highest regard. The following
discloses our information gathering and dissemination practices for this
website. We recognizes the importance of protecting your privacy and
our policy is designed to assist you in understanding how we collect,
use and safeguard the personal information you provide to us and to
assist you in making informed decisions when using our site. This policy
will be continuously assessed against new technologies, business
practices and our customers' needs. What Information Do We Collect? When
you visit this web site you may provide us with two types of
information: personal information you knowingly choose to disclose that
is collected on an individual basis and Web site use information
collected on an aggregate basis as you and others browse our Web site.
1. Personal Information You Choose to Provide Registration Information
When you register for any of our products, services or newsletters you
will provide us information about yourself. Credit Card Information If
you choose to avail of our services, you may need to give personal
information and authorization to obtain information from various credit
services. For example, you may need to provide the following
information: -Name -Mailing address -Email address -Credit card number
-Name on credit card -Credit card billing address -Business and home
phone number Email Information If you choose to correspond with us
through email, we may retain the content of your email messages together
with your email address and our responses. We provide the same
protections for these electronic communications that we employ in the
maintenance of information received by mail and telephone. 2. Web Site
Use Information Similar to other commercial Web sites, our Web site
utilizes a standard technology called "cookies" (see explanation below,
"What Are Cookies?") and web server log files to collect information
about how our Web site is used. Information gathered through cookies and
Web server logs may include the date and time of visits, the pages
viewed, time spent at our Web site, and the Web sites visited just
before and just after our Web site. How Do We Use the Information That
You Provide to Us? Broadly speaking, we use personal information for
purposes of administering our business activities, providing the
products and services you requested, to process your payment, , to
monitor the use of the service, our marketing and promotional efforts
and improve our content and service offerings, and customize our site's
content, layout, services and for other lawful purposes. These uses
improve our site and better tailor it to meet your needs. Furthermore,
such information may be shared with others on an aggregate basis.
Personally identifiable information or business information will not be
shared with parties except as required by law. Occasionally, we may also
use the information we collect to notify you about important changes to
our Website, new services, and special offers we think you will find
valuable. You may notify us at any time if you do not wish to receive
these offers by emailing us at the link provided on the newsletter. What
Are Cookies? A cookie is a very small text document, which often
includes an anonymous unique identifier. When you visit a Web site, that
site's computer asks your computer for permission to store this file in
a part of your hard drive specifically designated for cookies. Each Web
site can send its own cookie to your browser if your browser's
preferences allow it, but (to protect your privacy) your browser only
permits a Web site to access the cookies it has already sent to you, not
the cookies sent to you by other sites. Browsers are usually set to
accept cookies. However, if you would prefer not to receive cookies, you
may alter the configuration of your browser to refuse cookies. If you
choose to have your browser refuse cookies, it is possible that some
areas of our site will not function as effectively when viewed by the
users. A cookie cannot retrieve any other data from your hard drive or
pass on computer viruses. How Do We Use Information We Collect from
Cookies? As you visit and browse our Web site, the site uses cookies to
differentiate you from other users. In some cases, we also use cookies
to prevent you from having to log in more than is necessary for
security. Cookies, in conjunction with our Web server's log files, allow
us to calculate the aggregate number of people visiting our Web site
and which parts of the site are most popular. This helps us gather
feedback to constantly improve our Web site and better serve our
clients. Cookies do not allow us to gather any personal information
about you and we do not intentionally store any personal information
that your browser provided to us in your cookies. IP Addresses IP
addresses are used by your computer every time you are connected to the
Internet. Your IP address is a number that is used by computers on the
network to identify your computer. IP addresses are automatically
collected by our web server as part of demographic and profile data
known as traffic data so that data (such as the Web pages you request)
can be sent to you. Sharing and Selling Information We do not share,
sell, lend or lease any of the information that uniquely identify a
subscriber (such as email addresses or personal details) with anyone
except to the extent it is necessary to process transactions or provide
services that you have requested. How Can You Access and Correct Your
Information? You may request access to all your personally identifiable
information that we collect online and maintain in our database by
emailing us at the usual address. What About Legally Compelled
Disclosure of Information? We may disclose information when legally
compelled to do so, in other words, when we, in good faith, believe that
the law requires it or for the protection of our legal rights. We may
also disclose account information when we have reason to believe that
disclosing this information is necessary to identify, contact or bring
legal action against someone who may be violating our Terms of Service
or to protect the safety of our users and the Public. What About Other
Web Sites Linked to Our Web Site? We are not responsible for the
practices employed by Web sites linked to or from our Web site or the
information or content contained therein. Often links to other Web sites
are provided solely as pointers to information on topics that may be
useful to the users of our Web site. Please remember that when you use a
link to go from our Website to another web site, our Privacy Policy is
no longer in effect. Your browsing and interaction on any other web
site, including web sites, which have a link on our Website, is subject
to that Web site's own rules and policies. Please read over those rules
and policies before proceeding. Your Consent By using our Web site you
consent to our collection and use of your personal information as
described in this Privacy Policy. We reserve the right to amend this
privacy policy at any time with or without notice. Our Commitment To
Data Security: Please note that your information will be stored and
processed on our computers in the United States. The laws on holding
personal data in the United States may be less stringent than the laws
of your Country of residence or citizenship. To prevent unauthorized
access, maintain data accuracy, and ensure the correct use of
information, we have put in place appropriate physical, electronic, and
managerial procedures to safeguard and secure the information we collect
online. Choice/Opt-In/Opt-Out This site allows visitors to unsubscribe
so that they will not receive future messages. After unsubscribing we
will discontinue sending the particular messages as soon as technically
feasible. Surveys & Contests From time-to-time our site requests
information from users via surveys or contests. Participation in these
surveys or contests is completely voluntary and the user therefore has a
choice whether or not to disclose this information. Information
requested may include contact information (such as name and shipping
address), and demographic information (such as zip code, age level).
Contact information will be used to notify the winners and award prizes.
Survey information will be used for purposes of monitoring or improving
the use and satisfaction of this site. A Special Note About Children
Children are not eligible to use our services unsupervised and we ask
that children (under the age of 14) do not submit any personal
information to us. If you are a minor, you can use this service only in
conjunction with permission and guidance from your parents or guardians.
Acquisition or Changes in Ownership In the event that the web site (or a
substantial portion of its assets) is acquired, your information would
be considered part of those assets, and may be part of those assets that
are transferred. Policy Modifications We may change this Privacy Policy
from time to time. If/when changes are made to this privacy policy, we
will email users who have given us permission to do so. We will post any
changes here, so be sure to check back periodically. However, please be
assured that if the Privacy Policy changes in the future, we will not
use the personal information you have submitted to us under this Privacy
Policy in a manner that is materially inconsistent with this Privacy
Policy, without your prior consent.