Terms of Use

TERMS OF USE

Updated as of December 24, 2013

The following describes the terms on which Yoga Amy, LLC (“we”, “us”, “our”) offers you access to our YogaAmy.net site and services. No representation, warranty, term or condition, other than as specifically set forth in these Terms, shall be binding on us.  By using our site, YogaAmy.net, you hereby acknowledge that you have read and fully understood these Terms and agree to them.

1. Using YogaAmy.net

Prior to undertaking a particular yoga move or position, you must first watch the entire instructional video for such move/position.  You are solely responsible for determining whether your physical condition will safely permit you to undertake a particular yoga move or position, and for the execution of such yoga move or position.

2. Fees

The subscription fee for unlimited use of our YogaAmy.net instructional videos is $18 per month.   Such monthly fee will be automatically charged to your credit card on the day you registered.  You may cancel your subscription at any time; provided, that there will be no refunds of any monthly fee that has already been paid.

3. Limitation of Liability

Notwithstanding any other provision of these Terms, in no event will we (or our officers, directors, employees, stockholders, subsidiaries, affiliates, counsel, insurers, representatives, and agents) have any liability of any kind whatsoever (whether under contract, tort, or any other theory of legal liability) to any of you with respect to (i) your use of our site and services, (ii) your execution or attempted execution of any yoga move or position referenced or demonstrated on our site, (iii) any physical injury that result from your execution or attempted execution of any yoga move or position referenced or demonstrated on our site, or (iv) your inability to access the YogaAmy.net site for any reason.

Further, we cannot guarantee continuous or secure access to our site or services, and operation of our site and services may be interfered with by numerous factors outside of our control. Accordingly, to the extent legally permitted, we exclude all express and implied warranties, terms and conditions. We are not liable for any loss of money, goodwill or reputation, or any special, indirect or consequential damages arising, directly or indirectly, out of your use of or your inability to use our site and services.

Some jurisdictions do not allow the disclaimer of warranties or exclusion of damages, so such disclaimers and exclusions may not apply to you. Without limiting the generality and scope of the paragraphs set forth above in this Section 3, if we are found to be liable due to the inapplicability of such disclaimers and exclusions set forth above, our total liability to you and to any third party is limited to the greater of (a) $18, and (b) an amount equal to 50% of the total fees you actually paid to us in the 3 month period prior to the event(s) giving rise to the liability,

4. Indemnification

You will indemnify, defend, and hold us (and our officers, managers, members, employees, subsidiaries, affiliates, counsel, insurers, representatives, and agents) harmless from and against any and all claims, damages, losses, liabilities, costs and expenses (including without limitation reasonable attorneys’ fees and court costs) made by any third party that constitute, or arise out of or in connection with your use of YogaAmy.net or your breach of these Terms.

5. Dispute Resolution

You agree that any claim or dispute you may have against us must be resolved exclusively by a state or federal court located in Maricopa County, Arizona. You agree to submit to the personal jurisdiction of the courts located within Maricopa County, Arizona for the purpose of litigating all such claims or disputes.

6. Notices

Except as explicitly stated otherwise, legal notices shall be in writing and delivered to Yoga Amy, LLC at the following address: amy@yogaamy.net, and shall be deemed given when actually received by us. Legal notices shall be delivered to you by email to the email address you provide to us during the registration process, and shall be deemed given 24 hours after email is sent, unless the sending party is notified that the email address is invalid. Alternatively, we may give you legal notice by mail to the address provided during the registration process, and, in such case, notice shall be deemed given three days after the date of mailing.

7. Governing Law

These Terms shall be governed in all respects by the laws of the State of Arizona as they apply to agreements entered into and to be performed entirely within Arizona between Arizona residents, without regard to conflict of law provisions. The United Nations Convention on Contracts for the International Sale of Goods shall not apply to these Terms.

8. General

No agency, partnership, joint venture, employee-employer or franchiser-franchisee relationship is intended or created by these Terms.

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. Headings are for reference purposes only and do not limit the scope or extent of such section.

In our sole discretion, we may assign these Terms in accordance with the Notices Section.

Our failure to act with respect to a breach by you or others does not waive our right to act with respect to subsequent or similar breaches.

We may amend these Terms at any time by posting the amended terms on this site. Except as stated elsewhere, all amended terms shall automatically be effective 10 days after they are initially posted. Additionally, we may notify you via email to the primary email address you have provided. It is each user’s responsibility to regularly check this site for updates to these Terms. We will not be responsible for any emails that are not delivered due to changes in your primary email address that are not updated in your account or to being captured in your email filter. If you do not agree with the terms of these Terms following any such amendment, you must contact us and request to have your account terminated, and should not use the site following the effective date of such amendment. Except as set forth above, these Terms may not be otherwise amended except in writing signed by you and us.

These Terms sets forth the entire understanding and agreement between us with respect to the subject matter hereof.

Copyright © 2014 Yoga Amy, LLC. All Rights Reserved.