The following section titles in this agreement are used for convenience purposes only and have no legal or contractual significance.
- Ownership of Materials
- Subscription Terms
- Promotions and Special Offers
- Links to Third Party Sites
- Modification of Agreement
- Site Rules
- Public Areas
- Limitation on Use of Information
- Confidentiality of Personally Identifiable Information
- Disclaimer of Warranties
- Limitations on Liability
- Allocation of Risk
- Copyright Infringement
- Unlawful or Prohibited Use of Website
You are only authorized to use YogaHub’s services if you agree to be bound by all the terms, conditions, and notices of this agreement. Please read this agreement carefully and, if you disagree with any or all of it, do not use any of the YogaHub websites or any services provided in connection with these websites. If you wish to become a member, please indicate your acceptance of the terms, conditions, and notices of this agreement during the registration process.
If any portion of this agreement is rendered by a court of law or a governmental agency to be invalid, illegal, or unenforceable, such invalidity, illegality or unenforceability shall not affect the remainder of this agreement, which shall remain in full effect and be enforced in accordance with its remaining terms.
In order to use the YogaHub website(s), you must be more than 18 years of age, or possess legal parental or guardian consent. You must also be fully able and competent to enter into the terms, conditions, and notices set forth in this agreement, and to abide by and comply with said terms, conditions, and notices.
Ownership of Materials
The contents of the YogaHub website(s), including without limitation, text, software, photos, graphics, and all other audiovisual elements, are copyrighted by the owners of YogaHub as a collective work under the United States copyright laws. Except for material in the public domain, the owners and its licensors hold copyrights to all content appearing on the website. YogaHub owners permit, without charge, the reproduction and distribution of our material contained on the website for non-commercial educational and personal uses, provided that such materials remain unaltered and are accompanied by a clearly visible copy of any copyright notice appearing on said materials and by YogaHub’s URL (http://YogaHub.com). We retain and reserve all rights to this information. Any other reproduction, distribution, retransmission, modification, public display, or public performance of such materials, is prohibited without the prior written consent by the owners of YogaHub. To obtain such consent, please contact us through our support site located at http://YogaHubSupport.com.
In order to use YogaHub’s website(s) in their full capacity, you must register to become a member of YogaHub.
To register with YogaHub, you must affirm that you are of legal age to form a binding contract or, if not at an age of majority, possess parental and guardian consent. You must further affirm that you are not barred from receiving services under the laws of the United States of America, Canada, or other applicable jurisdictions.
When registering to become a member of this website, you agree to:
- provide true, accurate, current and complete information about yourself on YogaHub’s website registration form; and
- maintain and promptly modify your registration information to keep it true, accurate, current and complete.
If we have reasonable grounds to believe that any of the information you have provided on the registration form is untrue, inaccurate, not current or incomplete, we reserve the right to suspend or terminate your membership and to refuse to provide you with any future membership without notice. In addition, if we have reason to believe that you have registered someone other than yourself, we reserve the right to terminate that membership. Further, we will cooperate with any law enforcement investigation that may result from such a misrepresentation and, at our sole discretion, will disclose any information you provided to us in connection with such registration.
YogaHub values the safety and privacy of all its users, particularly children. For this reason, parents who allow their children access to this website should assist them in setting up any relevant accounts and supervise their access to our services. Parents must acknowledge that, by allowing their children access to this website, said children will be able to access the full content of this website, including but not limited to e-mails, message boards, groups, instant messages and chats. Accordingly, legal guardians are responsible for determining whether the services and/or content provided on this website are appropriate for their children.
We strongly advise all users and members to always use caution when giving out any personal and identifying information about yourself or minors.
We reserve the right at any time to charge fees for access to portions or the whole of YogaHub’s website content or services. In the event that any fees are required, you will not be charged unless we obtain your prior agreement to pay such charges. If you do not consent to pay these fees, however, you will not have access to any paid content or service.
If you then wish to become a member of YogaHub’s website, you will be required to pay a subscription fee on a monthly basis.
Links to Third Party Sites
YogaHub may occasionally provide its members with access to offers or promotions available from third parties. If a member provides an e-mail address or other personal information to such a third party, YogaHub will not be responsible for the use of that information by the third party.
Our provision of a link to any other site or location is for your convenience only and does not signify our endorsement of such a site or location or of its contents. YogaHub shall not be held responsible for:
- any information, software, or links found on any other website, Internet location, or source of information;
- your use of such information; or
- any transactions conducted at or through any linked site or location.
Modification of Agreement
YogaHub reserves the right to amend the terms, conditions, and notices of this agreement, including but not limited to the payment fees and structure associated with the use of YogaHub’s website. All amendments will be clearly posted on the website for a period of five(5) consecutive days. The amended version will be applied to all users on the date of publication. Continued use of the website after such notice has been provided will constitute your acknowledgement and acceptance of the revised terms
The YogaHub website(s) may contain bulletin board services, chat areas, news groups, forums, communities, personal web pages, calendars, and/or other message or communication facilities designed to enable you to communicate with the public at large or with a group. When using these services, you agree to restrict your usage only to posting, sending and receiving messages and material that are proper and related to the specific service.
The following are some basic rules for YogaHub’s website(s) that you agree to adhere to. If you violate any of these rules, or if we have reasonable grounds to believe you have done so, we reserve the right to deny you access to our website(s), to suspend or terminate your membership, and to refuse to provide you with any future membership.
You agree not to use YogaHub’s website(s) to upload, store, post, e-mail or otherwise transmit any:
- material that is inaccurate, unlawful, harmful, threatening, abusive, harassing, defamatory, obscene, sexually explicit, libelous, hateful, racist, bigoted, invasive of another’s privacy, or otherwise objectionable;
- material that you do not have a legal right to transmit;
- material that infringes any patent, trademark, trade secret, copyright or other proprietary right of any party;
- advertising, promotional material, junk mail, spam, chain letters, pyramid schemes, or any other form of solicitation;
- material that you are aware contains software viruses or any other computer codes, files or programs that are designed to interrupt, destroy or limit the functionality of any computer software, hardware or telecommunications equipment.
Additionally, you agree not to:
- impersonate any person or entity or falsely state or misrepresent your affiliation with a person or entity;
- upload files that contain software or other material protected by intellectual property laws unless you own or control said rights or have received all necessary consents;
- download any files posted by another user that you know, or reasonably should know, cannot be legally distributed in such manner;
- attempt in any way to disguise the origin of any material transmitted through the website;
- act in a manner that negatively affects other users’ abilities to engage in real-time exchanges;
- interfere with or disrupt the website, servers or networks connected to said website(s), or disobey any policies or regulations of any networks connected to the website(s);
- attempt to gain access to private areas of YogaHub website administrators or to other users;
- violate any local, state, national, or international law or regulation having the force of law;
- harass or stalk other users;
- cause harm to minors in any way, including and without limitation to establishing unlawful contact with minors, whether on or off the website;
- collect or store personal data about other users of the website; or attempt to discover a user’s password, screen name, or other registration and personal information without the user’s express knowledge and consent;
- conduct any surveys, contests, raffles, lotteries, sweepstakes, pyramid schemes or chain letters;
- promote or provide instructions on how to engage in illegal conduct or commit illegal activities;
- promote physical harm or injury, or any illegal act;
- store any information or use any web page or directory you create for remote loading or as a doorway or hallway to another web page or website, whether inside or outside the website.
The owners of YogaHub have no obligation to monitor or pre-screen material that is posted or transmitted on the website. However, we have the right, at our sole discretion, to review, edit, delete or refuse to post any material submitted for display or placed on the website, including but not limited to photos, videos, blog posts, message board posts, profiles, and member-to-member messages. Without limiting the foregoing, we have the right to remove any material that we deem to be offensive or objectionable. Further, we reserve the right to remove any material that violates this agreement and that we believe in good faith may create a liability for us.
You agree that we may preserve material and may disclose any material, if required to do so by law or in the good faith belief that such preservation or disclosure is reasonably necessary to:
- comply with legal process;
- enforce this agreement;
- respond to claims that any material violates the right of third parties; or
- protect the rights, property, or personal safety of the website, its users and the public.
A public area of the YogaHub website(s) is any area where you or other users may submit material for viewing by others or view any submitted material of other website users, such as profiles, forum posts, blog posts, videos, photos, events, etc. In some cases, the submitted material may include the name, ID, nickname, and/or other information that would be displayed as applicable. You agree to use public areas in accordance with the agreement and any policies for the public areas that are displayed on the website.
We do not control or endorse the content, messages or information found in any of the public areas and specifically disclaim any liability with regard to these public areas and any actions resulting from your participation in them.
If you submit any material to a public area, you agree to indemnify YogaHub and hold us harmless from all claims, including, without limitation, libel, slander, invasion of privacy, copyright infringement or any other claims arising from such submissions.
We do not claim ownership of any materials you provide to the website. However, by submitting any material to a public area of YogaHub website, you automatically grant the website the royalty-free, perpetual, irrevocable, non-exclusive right and license to use, reproduce, modify, adapt, publish, translate, publicly perform and display and distribute the content of said submitted material, in whole or in part, worldwide, and/or to incorporate said submitted material in any form, media, or technology now known or hereafter developed. You also permit any other user of the website to access, view, store, or reproduce the submitted material for that user’s personal use.
No compensation will be paid with respect to the use of your submitted material, and we are under no obligation to post or use any submitted material provided by you. Further, we reserve the right to remove any submitted material at any time, at our sole discretion without notice.
Limitation on Use of Information
You are permitted, on an occasional limited basis, to download or print out individual pages of information that have been individually chosen, to meet a specific, identifiable need for information, for your personal use only and on a confidential basis. You may make such limited number of duplicates of such material, as may be deemed reasonable for this purpose only. Nothing herein shall authorize you to create any database, digital copy, directory or hard copy publication of or from such content or information, whether for internal or external distribution or use.
You agree to use the content or information obtained from YogaHub’s website(s) only for your own private use and not for selling or broking of information. In no event will you permit or cause such information to be published, printed, downloaded, transmitted, distributed, reengineered, or reproduced in any form any part of such content or information (whether directly or in condensed form) whether for resale, republishing, posting on another website, redistribution, viewing, or otherwise.
Confidentiality of Personally Identifiable Information
You agree to treat as strictly private and confidential any subscriber code, username, user ID, or password that you may have received from YogaHub, and any and all information to which you have access through the password-protected areas of YogaHub’s website(s). Further, you will not permit or cause any such information to be communicated, copied or otherwise divulged to any other person or entity whatsoever.
You agree that, regardless of any statute or law to the contrary, any claim or cause of action that you may have arising out of or related to use of the YogaHub website(s) or this agreement, must be filed within one(1) year after such claim or cause of action has arisen, or be forever barred.
All provisions of this Agreement that, by their nature, survive termination of this Agreement will survive termination including without limitation, the Site Rules, Public Areas, Links, Disclaimer of Warranties, Limitations on Liability, Allocation of Risk, Ownership of Materials, Indemnification, Choice of Law/Jurisdiction and Venue and General sections of this Agreement.
Disclaimer of warranties
You acknowledge and agree that your use of YogaHub’s website(s), including, without limitation, any material and/or data developed by us or by any third parties, is at your sole risk. The website, and any content or material available through the website, are provided on an “as is” and “as available” basis and without warranty of any kind, express, implied or statutory. We hereby expressly disclaim all such warranties including, without limitation, any implied warranties or merchantability, fitness for a particular use or purpose, title, or non-infringement, or any warranty as to results that may be obtained through the use of the website.
As owners and operators of the YogaHub website(s), we do not represent or warrant that said website(s) will function without interruption, that the website(s) be error- or defect-free, that any such defects or errors will be corrected, or that the website(s) and the server(s) that make the website(s) available are free of viruses or other harmful components. No advice or information, whether oral or written, that you obtain from us or our designees, or through your use of the website, shall create any warranty on the part of YogaHub or our designees. Further, we do not warrant or represent that the use or the results of the use of any content or materials made available through the website or from third parties will be accurate, timely, reliable or otherwise.
Limitations on liability
In no event shall we, our designees, or any other person or entity involved in creating or distributing YogaHub’s website(s) be liable for any direct, indirect, incidental, special or consequential damages, however arising and under any theory of liability, including, without limitation, negligence and strict liability, breach of contract or breach of warranty, that result from:
- your use or inability to use the website(s);
- any changes to the website(s) or this agreement;
- unauthorized access to or alteration of your transmission of data;
- any material or data sent or received or not sent or received, or any transactions entered into through the website.
YogaHub’s owners and operators are not responsible or liable for any threatening, defamatory, obscene, offensive or illegal content or conduct of any other party or any infringement of any other party’s rights, including intellectual property rights.
If you are dissatisfied with the website(s) or the services, content or materials that are available on or through said website(s), your sole and exclusive remedy is to discontinue using the site(s). The foregoing limitations on liability shall be applicable even if YogaHub or any applicable third party has knowledge or should have had knowledge of the possibility of such damages, and notwithstanding the failure of essential purpose of any limited remedy.
Allocation of risk
You agree that the disclaimer of warranties, liability limitations, and indemnification provisions that have been set forth in this agreement represent and are agreed upon as an allocation of risk between you and YogaHub, and form an essential part of the basis of the bargain, without which YogaHub would not enter into this agreement or provide the website(s).
The owners and operators of YogaHub respect the intellectual property rights of others. According to the Copyright Act, we have implemented procedures for receiving written notification of claimed copyright infringements and for processing such claims in accordance with the Act. If you believe your copyrights are being infringed by a member, please contact us for further details.
Please note that, if appropriate, we will terminate the account of any member who repeatedly posts infringing material on the website(s).
You agree to hold harmless the owners and operators of YogaHub and any other person or entity involved in creating or distributing said website(s), as well as each of their respective affiliates and their respective directors, officers, employees and agents, from and against any and all claims, liabilities, damages, losses, costs, fees (including attorneys’ fees) and expenses that such parties may incur as a result of or arising out of your use of, or conduct with respect to, the website(s).
Unlawful or prohibited use of YogaHub’s website(s)
As a condition of your use of YogaHub’s website(s), you agree that you will not use said website(s) for any purpose that is unlawful or prohibited by these terms, conditions, and notices. You will not use the website(s) in any manner that could damage, disable, overburden, or impair said website(s) or interfere with any other party’s use and enjoyment of the website(s). You agree not to obtain or attempt to obtain any materials or information through any means that has not been intentionally made available or provided for through YogaHub website(s).
We reserve the right at all times to disclose any information, as necessary, to facilitate any law enforcement agency and/or satisfy any applicable law, regulation, legal process or governmental request, or to edit, refuse to post or to remove any information or materials, in whole or in part, at our sole discretion.
YogaHub has been accredited by the Institute for Spam and Internet Public Policy as meeting the listing requirements in their Email Accreditation Program.
Collection of Information
If you chose to become a registered member of our networking website, MyYogaHub.com, YogaHub.com or any of our other web sites, we will collect your name, e-mail address, city, state, zip code, date of birth, and other personal information that is voluntarily provided by you. We also collect anonymous demographic information, such as your ZIP code, age, gender, and interests. YogaHub does not use or disclose sensitive personal information without your explicit consent.
YogaHub also automatically collects information about your computer hardware and software, which can include your IP address, browser type, domain names, access times and referring website addresses. This information is used by us only:
- to operate our website;
- to maintain the quality of our service; and
- to provide statistics on the use of our website.
We collect and use your personal information to operate our website and provide the best services available to you. We also use your information to inform you of products and services that can be obtained from us.
Although we do not sell your personal information, we do use it for marketing purposes. We will send newsletters and other important messages via e-mail, but you have the option to opt out of receiving this information. You also have the option to decide which information you would like to share publicly in your profile.
You can request access to any and all of the personal information we have on you by sending us an e-mail or submitting a ticket through our support site (http://www.YogaHubSupport.com). Before providing any such information, we will take appropriate measures to verify your identity. We will provide you with access to all of the personal information that we collect about you, including contact information (e.g., name, address, and phone number), unique identifier information (e.g., your customer number or password), and transaction information (e.g., the dates on which you made purchases, as well as the amounts and types of purchases made).
Protection and Disclosure of Information
YogaHub applies strict security measures to protect our users against unauthorized access to or unauthorized disclosure, alteration, or destruction of collected information. These measures include internal reviews of our data collection, as well as storage and processing practices. Access to all personal information on our users is restricted to our website administrators and any contract workers on a need-to-know basis. These individuals are bound by confidentiality obligations and will be subject to disciplinary action, which may include termination and criminal prosecution, if they are found to be in violation of their obligations.
YogaHub protects your personal information from unauthorized access, use or disclosure. We secure the information you provide on computer servers in a controlled, secure environment that is protected from unauthorized access, use or disclosure. When personal information (such as a credit card number) is transmitted to other websites, it is protected through the use of encryption, such as the Secure Socket Layer (SSL) protocol.
YogaHub will only disclose your personal information to third parties, without prior notice to you:
- if required by a law enforcement agency;
- to comply with legal process served on YogaHub;
- to protect and defend the rights of YogaHub; or
- to protect the personal safety of the users of YogaHub.
YogaHub does not sell, rent or lease its customer lists to third parties. However, we may occasionally contact you on behalf of external third parties about a particular product or service that may be of interest to you. In such cases, your personal information is not transferred to the third party. In addition, we may share data with external third parties to provide customer support, assist us in performing statistical analysis, or send you information or products via e-mail or postal mail. All such third parties are prohibited from using your personal information, except to provide these services on our behalf, and they are required to maintain the confidentiality of your information.
A “cookie” is a text file that is sent to your computer by a web page server. Cookies are used as tracking devices by the website server to monitor traffic and help make web browsing more convenient for the user. Cookies do not deliver viruses to your computer and cannot be used to run programs.
You have the ability to accept or decline cookies. Although most web browsers automatically accept cookies, you can modify your browser setting to decline cookies. However, if you choose to decline cookies, you may not be able to interact fully with many features of our website or other websites that you visit.
We encourage you to check our website regularly to see how your information is being used.
We aim to uphold the highest level of commitment to customer care and your complete satisfaction is at the top of our priority list! If you are not 100% satisfied with your purchase for any reason, we will gladly accept returns of unopened packages within 30 days of the sale date and issue a full refund.
Always inspect your package(s) immediately upon receipt. This means you must open your box(es) and inspect the merchandise inside! This is for your own protection in the event you must request an exchange or refund.
Exchange / Refund Policy:
Exchanges and refunds will be accepted up to 30 days from the date you receive your product. The 30 day period starts the day the shipping carrier confirms delivery via the tracking number on the package(s). In order to receive an exchange or refund, you must meet the following requirements in full within the 30 day period:
- All merchandise must be returned, and in our possession, in its original packaging, unopened and in unused, resalable condition within the 30 day period.
- You must submit a brief questionnaire detailing your request.
- Once we receive your questionnaire, we will review it and if applicable, provide an RMA # (Return Merchandise Authorization) number, as well as instructions for returning the merchandise, within 48 hours.
- Once you have the RMA #, you must return the merchandise, and then, email our support staff the RMA # and tracking # of your package, here: http://www.yogahubsupport.com/
- The package must be clearly labeled with the RMA #. For example, “RMA # 12345”.
Shipping costs for exchanging merchandise will only be reimbursed if the exchange is requested due to defective merchandise. The reimbursement amount will be issued at our sole discretion and shall not exceed the amount paid for shipping of the original order.
Exchange requests made beyond the 30 day period will not be granted regardless of the item(s) condition.
Failure to meet any of the requirements above, as well as submitting misleading information on the questionnaire, will result in a denial of your request.
Policy Regarding Damaged or Defective Merchandise
Handling Packages Damaged During Delivery
If the package is visibly damaged upon arrival, refuse shipment and have the driver return the package marked damaged. Immediately notify our office of shipment refusal by contacting us at: http://www.yogahubsupport.com.
Once we receive the returned merchandise, we will contact you within 48 hours providing you with a status for your re-shipment.
Handling Merchandise Damaged During Shipment
If your merchandise is damaged, YOU MUST meet these requirements within 3 business days:
- Please COMPLETE the online questionnaire.
- Once the questionnaire has been received, we will evaluate your request and, if approved, we will provide an RMA # (Return Merchandise Authorization) number, as well as instructions for returning the merchandise, within 48 hours.
- Once you have the RMA #, you must return the merchandise, and then, email our support staff the RMA # and tracking # of your package, here: http://YogaHubSupport.com.
- The package must be clearly labeled with the RMA #. For example, “RMA # 12345”.
If contact is not made within 3 business days of product delivery, the right to request compensation for damaged merchandise is forfeited.
Claims for damaged merchandise will be rejected if:
a. The return merchandise is not adequately packaged, leading to further merchandise damage.
b. The questionnaire is not submitted within 72-hours of delivery.
c. Merchandise is returned without an approved RMA #.
d. The merchandise is not received within 5 business days of refund/exchange/damage approval.
e. There is a discrepancy between the description that was provided in the questionnaire and the actual damages.
Policy Regarding Lost Merchandise
Lost Packages After Delivery Has Been Confirmed
We assume no liability for packages that are lost or stolen after delivery has been confirmed by our shipping carrier. Furthermore, we assume no liability for packages lost after delivery for circumstances beyond our control (i.e. theft, incorrect address, etc.). If this is a concern for any reason, we recommend purchasing the signature confirmation option available on all our shipments, so that the carrier will only release the package to you. Merchandise shipments purchased without signature confirmation that subsequently become lost or stolen will not be replaced. If there is a reasonable chance your merchandise will become lost after it has been delivered, we recommend you purchase signature confirmation for your package.
Lost or Delayed Packages
We do not guarantee any package(s) from being lost or delayed by the shipping carrier. In the event your package(s) are either lost or delayed in transit by the shipping carrier we will attempt to track the package through the shipping carrier. A claim will then be filed by us with the shipping carrier for a credit refund. In the success of such a claim we will then issue a new product to be sent with a credit issued for shipping.
Incorrect or Incomplete Address:
We assume no liability for the delivery to any incorrect, or incomplete, address you may have provided us.
Lost Returned Goods
We assume no liability for lost returned goods. All claims for lost returned merchandise must be filed with the shipping carrier used for the return shipment. We recommend using tracking numbers whenever possible. If a return shipment, requiring a refund or exchange in response, becomes lost, the return or exchange cannot be processed.