The following terms and conditions govern all use of the yogalaunch.com website and all content, services and products available at or through the website, including, but not limited to, Yoga Launch Membership (“Yoga Launch Membership”), (taken together, the Website). The Website is owned and operated by David Ryan Web LLC or “Yoga Launch”. The Website is offered subject to your acceptance without modification of all of the terms and conditions contained herein and all other operating rules, policies (including, without limitation, Yoga Launch’s Privacy Policy) and procedures that may be published from time to time on this Site by Yoga Launch (collectively, the “Agreement”).
Please read this Agreement carefully before accessing or using the Website. By accessing or using any part of the web site, you agree to become bound by the terms and conditions of this agreement. If you do not agree to all the terms and conditions of this agreement, then you may not access the Website or use any services. If these terms and conditions are considered an offer by Yoga Launch, acceptance is expressly limited to these terms. The Website is available only to individuals who are at least 18 years old.
Your yogalaunch.com Account and Site
If you create an Account or Site on the Website, you are responsible for maintaining the security of your account and site, and you are fully responsible for all activities that occur under the account and any other actions taken in connection with the site. You must not describe or assign keywords to your site in a misleading or unlawful manner, including in a manner intended to trade on the name or reputation of others, and Yoga Launch may change or remove any description or keyword that it considers inappropriate or unlawful, or otherwise likely to cause Yoga Launch liability. You must immediately notify Yoga Launch of any unauthorized uses of your site, your account or any other breaches of security. Yoga Launch will not be liable for any acts or omissions by You, including any damages of any kind incurred as a result of such acts or omissions.
Yoga Launch Subscription Deliverables
When you sign up for a Yoga Launch subscription, you will receive:
Definition of Services
We have to be specific with what we do to keep our websites powerful yet affordable. You can expect a simple, clean website that works well on all devices. If you need different features, you may need a custom website
Responsibility of Contributors
If you operate a blog, comment on a blog, post material to the Website, post links on the Website, or otherwise make (or allow any third party to make) material available by means of the Website (any such material, “Content”), You are entirely responsible for the content of, and any harm resulting from, that Content. That is the case regardless of whether the Content in question constitutes text, graphics, an audio file, or computer software. By making Content available, you represent and warrant that:
The downloading, copying and use of the Content will not infringe the proprietary rights, including but not limited to the copyright, patent, trademark or trade secret rights, of any third party; if your employer has rights to intellectual property you create, you have either (i) received permission from your employer to post or make available the Content, including but not limited to any software, or (ii) secured from your employer a waiver as to all rights in or to the Content; you have fully complied with any third-party licenses relating to the Content, and have done all things necessary to successfully pass through to end users any required terms; the Content does not contain or install any viruses, worms, malware, Trojan horses or other harmful or destructive content; the Content is not spam, is not machine- or randomly-generated, and does not contain unethical or unwanted commercial content designed to drive traffic to third party sites or boost the search engine rankings of third party sites, or to further unlawful acts (such as phishing) or mislead recipients as to the source of the material (such as spoofing); the Content is not pornographic, does not contain threats or incite violence towards individuals or entities, and does not violate the privacy or publicity rights of any third party; your blog is not getting advertised via unwanted electronic messages such as spam links on newsgroups, email lists, other blogs and web sites, and similar unsolicited promotional methods; your blog is not named in a manner that misleads your readers into thinking that you are another person or company.
For example, your blog’s URL or name is not the name of a person other than yourself or company other than your own; and you have, in the case of Content that includes computer code, accurately categorized and/or described the type, nature, uses and effects of the materials, whether requested to do so by Yoga Launch or otherwise.
By submitting Content to Yoga Launch for inclusion on your Website, you grant Yoga Launch a world-wide, royalty-free, and non-exclusive license to reproduce, modify, adapt and publish the Content solely for the purpose of displaying, distributing and promoting your blog. If you delete Content, Yoga Launch will use reasonable efforts to remove it from the Website, but you acknowledge that caching or references to the Content may not be made immediately unavailable.
Without limiting any of those representations or warranties, Yoga Launch has the right (though not the obligation) to, in Yoga Launch’s sole discretion (i) refuse or remove any content that, in Yoga Launch’s reasonable opinion, violates any Yoga Launch policy or is in any way harmful or objectionable, or (ii) terminate or deny access to and use of the Website to any individual or entity for any reason, in Yoga Launch’s sole discretion. Yoga Launch will have no obligation to provide a refund of any amounts previously paid.
Payment and Renewal
Paid services are available on the Website. By selecting a paid service you agree to pay Yoga Launch the one-time setup fees, and monthly or annual subscription fees indicated for that service. Payments will be charged on a pre-pay basis on the day you sign up for a paid service and will cover the use of that service for a monthly or annual subscription period as indicated. Fees are only refundable at the full discretion of Yoga Launch.
Automatic Renewal
Unless you notify Yoga Launch before the end of the applicable subscription period that you want to cancel a service, your subscription will automatically renew and you authorize us to collect the then-applicable annual or monthly subscription fee for such service using any credit card or other payment mechanism we have on record for you. Services can be canceled at any time in the account section on the Website.
Adding and Removing Websites on One Account
At additional cost, customers can add multiple websites associated under their single membership with Yoga Launch. The cost of membership is charged on a per website basis. Customers will be charged once per month for ALL websites that have been added to their account. When a website is added or removed from a customer’s account, the service charge is pro-rated accordingly and reflected on the next charge.
Responsibility of Website Visitors
Yoga Launch has not reviewed, and cannot review, all of the material, including computer software, posted to the Website, and cannot therefore be responsible for that material’s content, use or effects. By operating the Website, Yoga Launch does not represent or imply that it endorses the material there posted, or that it believes such material to be accurate, useful or non-harmful. You are responsible for taking precautions as necessary to protect yourself and your computer systems from viruses, worms, Trojan horses, and other harmful or destructive content.
The Website may contain content that is offensive, indecent, or otherwise objectionable, as well as content containing technical inaccuracies, typographical mistakes, and other errors. The Website may also contain material that violates the privacy or publicity rights, or infringes the intellectual property and other proprietary rights, of third parties, or the downloading, copying or use of which is subject to additional terms and conditions, stated or unstated. Yoga Launch disclaims any responsibility for any harm resulting from the use by visitors of the Website, or from any downloading by those visitors of content there posted.
Content Posted on Other Websites
We have not reviewed, and cannot review, all of the material, including computer software, made available through the websites and webpages to which yogalaunch.com links, and that link to yogalaunch.com. Yoga Launch does not have any control over those external websites and webpages, and is not responsible for their contents or their use. By linking to an external website or webpage, Yoga Launch does not represent or imply that it endorses such website or webpage. You are responsible for taking precautions as necessary to protect yourself and your computer systems from viruses, worms, Trojan horses, and other harmful or destructive content. Yoga Launch disclaims any responsibility for any harm resulting from your use of external websites and webpages.
Copyright Infringement and DMCA Policy
As Yoga Launch asks others to respect its intellectual property rights, it respects the intellectual property rights of others. If you believe that material located on or linked to by yogalaunch.com violates your copyright, you are encouraged to notify Yoga Launch in accordance with the Digital Millennium Copyright Act (“DMCA”). Yoga Launch will respond to all such notices, including as required or appropriate by removing the infringing material or disabling all links to the infringing material. Yoga Launch will terminate a visitor’s access to and use of the Website if, under appropriate circumstances, the visitor is determined to be a repeat infringer of the copyrights or other intellectual property rights of Yoga Launch or others. In the case of such termination, Yoga Launch will have no obligation to provide a refund of any amounts previously paid to Yoga Launch.
Intellectual Property
This Agreement does not transfer from Yoga Launch to you any Yoga Launch or third party intellectual property, and all right, title and interest in and to such property will remain (as between the parties) solely with Yoga Launch. Yoga Launch, yogalaunch.com, the yogalaunch.com logo, and all other trademarks, service marks, graphics and logos used in connection with yogalaunch.com, or the Website are owned by Yoga Launch. Other trademarks, service marks, graphics and logos used in connection with the Website may be the trademarks of other third parties. Your use of the Website grants you no right or license to reproduce or otherwise use any Yoga Launch or third-party trademarks.
Domain Names
If you are registering a domain name, using or transferring a previously registered domain name, you acknowledge and agree that use of the domain name is also subject to the policies of the Internet Corporation for Assigned Names and Numbers (“ICANN”), including their Registration Rights and Responsibilities.
Changes
Yoga Launch reserves the right, at its sole discretion, to modify or replace any part of this Agreement. It is your responsibility to check this Agreement periodically for changes. Your continued use of or access to the Website following the posting of any changes to this Agreement constitutes acceptance of those changes. Yoga Launch may also, in the future, offer new services and/or features through the Website (including, the release of new tools and resources). Such new features and/or services shall be subject to the terms and conditions of this Agreement.
Termination
Yoga Launch may terminate your access to all or any part of the Website at any time, with or without cause, with or without notice, effective immediately. If you wish to terminate this Agreement or your yogalaunch.com account (if you have one), you may contact us to request cancellation from your within your account. Notwithstanding the foregoing, such account can only be terminated by Yoga Launch if you materially breach this Agreement and fail to cure such breach within thirty (30) days from Yoga Launch’s notice to you thereof; provided that, Yoga Launch can terminate the Website immediately as part of a general shut down of our service. All provisions of this Agreement which by their nature should survive termination shall survive termination, including, without limitation, ownership provisions, warranty disclaimers, indemnity and limitations of liability.
Disclaimer of Warranties
The Website is provided “as is”. Yoga Launch and its suppliers and licensors hereby disclaim all warranties of any kind, express or implied, including, without limitation, the warranties of merchantability, fitness for a particular purpose and non-infringement. Neither Yoga Launch nor its suppliers and licensors, makes any warranty that the Website will be error free or that access thereto will be continuous or uninterrupted. You understand that you download from, or otherwise obtain content or services through, the Website at your own discretion and risk.
Limitation of Liability
In no event will Yoga Launch, or its suppliers or licensors, be liable with respect to any subject matter of this agreement under any contract, negligence, strict liability or other legal or equitable theory for: (i) any special, incidental or consequential damages; (ii) the cost of procurement for substitute products or services; (iii) for interruption of use or loss or corruption of data; or (iv) for any amounts that exceed the fees paid by you to Yoga Launch under this agreement during the twelve (12) month period prior to the cause of action. Yoga Launch shall have no liability for any failure or delay due to matters beyond their reasonable control. The foregoing shall not apply to the extent prohibited by applicable law.
General Representation and Warranty
You represent and warrant that (i) your use of the Website will be in strict accordance with the Yoga Launch Privacy Policy, with this Agreement and with all applicable laws and regulations (including without limitation any local laws or regulations in your country, state, city, or other governmental area, regarding online conduct and acceptable content, and including all applicable laws regarding the transmission of technical data exported from the United States or the country in which you reside) and (ii) your use of the Website will not infringe or misappropriate the intellectual property rights of any third party.
Indemnification
You agree to indemnify and hold harmless Yoga Launch, its contractors, and its licensors, and their respective directors, officers, employees and agents from and against any and all claims and expenses, including attorneys’ fees, arising out of your use of the Website, including but not limited to your violation of this Agreement.
Miscellaneous
This Agreement constitutes the entire agreement between Yoga Launch and you concerning the subject matter hereof, and they may only be modified by a written amendment signed by an authorized executive of Yoga Launch, or by the posting by Yoga Launch of a revised version. Except to the extent applicable law, if any, provides otherwise, this Agreement, any access to or use of the Website will be governed by the laws of the state of Connecticut, U.S.A. You may assign your rights under this Agreement to any party that consents to, and agrees to be bound by, its terms and conditions; Yoga Launch may assign its rights under this Agreement without condition. This Agreement will be binding upon and will inure to the benefit of the parties, their successors and permitted assigns.