Terms and Conditions
Agreement between user and www.joyfulbreathyoga.com Welcome to www.joyfulbreathyoga.com. The www.joyfulbreathyoga.com website (the “Site”) is comprised of various web pages operated by Joyful Breath Yoga (“Joyful Breath”).
www.joyfulbrethyoga.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.joyfulbreathyoga.com constitutes your agreement to all such Terms. Please read the terms carefully, and keep a copy of them for your reference.
www.joyfulbreathyoga.com is an E-commerce Site. This website provides video instruction in yoga and pilates methods for immediate download/purchase. Purchasers receive access to view online a pre-recorded session of yoga or pilates instruction of their choosing, performed by certified yoga instructor Debra O’Bryan.
Electronic Communications
Visiting www.joyfulbreathyoga.com or sending emails to Joyful Breath 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.
Your account
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 Joyful Breath is not responsible for third party access to your account that results from theft or misappropriation of your account. Joyful Breath and its associates reserve the right to refuse or cancel service, terminate accounts, or remove or edit content in their sole discretion.
Joyful Breath does not knowingly collect, either online or offline, personal information from persons under the age of thirteen. If you are under 18, you may use www.joyfulbreathyoga.com only with permission of a parent or guardian.
Billing
By starting your Joyful Breath membership, you are expressly agreeing that we are authorized to charge you a monthly membership fee at the then current rate. Please note that the prices and charges are subject to change with notice. As used in these Terms of Use, “Billing” shall indicate either a charge or debit, as applicable, against your Payment Method. The membership fee will be billed at the beginning of the paying portion of your membership each month thereafter unless and until you cancel your membership. We automatically bill your Payment Method each month on the calendar day corresponding to the commencement of your paying membership. Membership charges are fully earned upon payment. For certain Payment Methods, the issuer of your Payment Method may charge you a foreign transaction fee or related charges. Check with your bank and credit card for details. PAYMENTS ARE NONREFUNDABLE AND THERE ARE NO REFUNDS OR CREDITS FOR PARTIALLY USED PERIODS. At any time, and for any reason, we may provide a refund, discount, or other consideration to some or all of our members (“credits”). The amount and form of such credits, and the decision to provide them, are at our sole and absolute discretion. The provision of credits in one instance does not entitle you to credits in the future for similar instances, not does it obligate us to provide credits in the future, under any circumstance.
Cancellation/Refund Policy
You may cancel your subscription before it renews each month in order to avoid billing the next month’s membership fees to your Payment Method. You may cancel your membership anytime, however, payments are nonrefundable and no refunds or credits will be given for partial-month membership periods.
Links to third party sites/Third party services
www.joyfulbreathyoga.com may contain links to other websites (“Linked Sites”). The Linked Sites are not under the control of Joyful Breath and Joyful Breath 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. Joyful Breath is providing these links to you only as a convenience, and the inclusion of any link does not imply endorsement by Joyful Breath of the site or any association with its operators.
Certain services made available via www.joyfulbreathyoga.com are delivered by third party sites and organizations. By using any product, service or functionality originating from the www.joyfulbreathyoga.com domain, you hereby acknowledge and consent that Joyful Breath may share such information and data with any third party with whom Joyful Breath has a contractual relationship to provide the requested product, service or functionality on behalf of www.joyfulbreathyoga.com users and customers.
No unlawful or prohibited use/Intellectual Property
You are granted a non-exclusive, non-transferable, revocable license to access and use www.joyfulbreathyoga.com strictly in accordance with these terms of use. As a condition of your use of the Site, you warrant to Joyful Breath that you will not use the Site for any purpose that is unlawful or prohibited by these Terms. You may not use the Site in any manner which could damage, disable, overburden, or impair the Site or interfere with any other Party’s use and enjoyment of the Site. You may not obtain or attempt to obtain any materials or information through any means not intentionally made available or provided for through the Site.
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 Joyful Breath 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. Joyful Breath 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 to 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 Joyful Breath 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 intellectually property of Joyful Breath or our licensors except as expressly authorized by these Terms.
International Users
The Service is controlled, operated and administered by Joyful Breath 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 Joyful Breath content accessed through www.joyfulbreathyoga.com in any country or in any manner prohibited by any applicable laws, restrictions, or regulations.
Indemnification
You agree to indemnify, defend and hold harmless Joyful Breath, its officers, directors, employees, agents and third parties, for any losses, costs, liabilities and expenses (including reasonable attorney’s 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. Joyful Breath 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 Joyful Breath in asserting any available defenses.
Disclaimer
The Site, including without limitation the yoga and pilates instructional videos and other information on the Site, is purely an additional educational resource for individuals who wish to obtain further information and instruction in the realm of yoga and pilates exercise. It is recommended that you use the Site in the same manner as you would any other educational fitness medium and seek professional and medical advice from your physician prior to beginning any form of exercise. At no time should you ever disregard professional medical advice or delay in seeking it because of something you have read, seen or obtained on the Site!
The site’s Content and links are not intended to be a substitute for professional medical advise, diagnosis or treatment from a qualified medical professional and is not necessarily complete and up-to-date.
Liability Disclaimer
THE INFORMATION, SOFTWARE, PRODUCTS AND SERVICES INCLUDED IN OR AVAILABLE THROUGHT HE SITE MAY INCLUDE INACCURACIES OR TYPOGRAPHICAL ERRORS. CHANGES ARE PERIODICALLY ADDED TO THE INFORMATION HEREIN. JOYFUL BREATH YOGA AND/OR ITS SUPPLIERS MAY MAKE IMPROVEMENTS AND/OR CHANGES TO THE SITE AT ANY TIME.
JOYFUL BREATH YOGA AND /OR ITS SUPPLIERS MAKE NO REPRESENTATIONS ABOUT THE SUITABILITY, RELIABILITY, AVAILABILITY, TIMELINESS, AND ACCURACY OR THE INFORMATION, SOFTWARE, PRODUCTS, SERVICES AND RELATED GRAPHICS CONTENT CONTAINED ON THE SITE FOR ANY PURPOSE. TO 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. JOYFUL BREATH YOGA AND/OR ITS SUPPLIERS HEREBY DISCLAIN 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.
TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, IN NO EVENT SHALL JOYFUL BREATH YOGA AND/OR ITS SUPPLIERS BE LIABLE FOR ANY DIRECT, INDIRECT, PUNITIVE, INCIDENTIAL, SPECIAL, CONSEQUENTIAL DAMAGES OR ANY DAMAGES WHATSOEVER INCLUDING, WITHOUT LIMITATIONS DAMAGES FOR LOSS OF REVENUE OR INCOME, PAIN AND SUFFERING, OR EMOTIONAL DAMAGES, OR ANY DAMAGES FOR LOSS OF USE, DATA OR PROFITS, ARISING OUT OF OR IN ANY WAY CONNECTED TO THE USE OR PERFORMANCE OF THE SITE, WITH THE DELAY OR INABILITY TO USE THE SITE OR RELATED SERVICES, THE PROVISION OR FAILURE TO PROVIDE SERVICES, OR FOR ANY INFORMATION, SOFTWARE, PRODUCTS, SERVICES AND RELATED GRAPHICS OBTAINED THROUGHOUT THE SITE, OR OTHERWISE ARISING OUT OF THE USE OF THE SITE, WHETHER BASED ON CONTRACT, TORT, NEGLIGENCE, STRICT LIABILITY OR OTHERWISE, EVEN IF JOYFUL BREATH YOGA OR ANY OF ITS SUPPLIERS HAS BEEN ADVISED OF THE POSSIBILITY OF DAMAGES. BECAUSE SOME STATES/JURISDICTIONS DO NOT ALLOW THE EXCLUSION OR LIMITATION OF LIABILITY FOR CONSEQUENTIAL OR INCIDENTIAL DAMAGES, THE ABOVE LIMITATION MAY NOT APPLY TO YOU. IF YOU ARE DISSATISFIED WITH ANY PORTION OF THE SITE, OR WITH ANY OOF THESE TERMS OF USE, YOUR SOLE AND EXCLUSIVE REMEDY IS TO DISCONTINUE USING THE SITE.
Termination/access restriction
Joyful Breath 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 Missouri and you hereby consent to the exclusive jurisdiction and venue of courts in Missouri 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 Joyful Breath as a result of this agreement or use of the Site. Joyful Breath’s performance of this agreement is subject to existing laws and legal process, and nothing contained in this agreement is in derogation of Joyful Breath’s right to comply with governmental, court and law enforcement requests or requirements relating to your use of the Site or any information provided to or gathered by Joyful Breath 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 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 Joyful Breath 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 and 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
Joyful Breath welcomes your questions or comments regarding the Terms:
Joyful Breath Yoga
(Address)
Lee’s Summit, Missouri 64086
Email address: debra@joyfulbreathyoga.com
Telephone number:
Effective as of August 19, 2012
Copyright © joyfulbreathyoga.com
