Terms of Services

 

Date last revised: April 1, 2020 The Terms of Use (“Terms”), including the Privacy Policy, is an agreement between you and Self Love Yoga LLC. “us”, “our”, or “we”). When you use https://www.myselfloveyoga.com (the “Site”), the Self Love Yoga App and Chat Bot (the “App”), or any related websites, downloadable software, mobile applications and other services provided by us and on which a link to these Terms of Use is displayed (collectively, together with the Site and App, our “Service”), you agree that the Terms govern your use of the Services and other legal rights associated therewith.

 

PLEASE READ THE FOLLOWING TERMS OF USE CAREFULLY. BY UTILIZING THE SERVICE, APP, OR SITE OR CHECKING THE BOX WHEN YOU SIGN UP FOR AN ACCOUNT, YOU ACKNOWLEDGE THAT YOU HAVE READ, UNDERSTOOD, AND AGREE TO BE BOUND BY THE FOLLOWING TERMS AND CONDITIONS, INCLUDING OUR PRIVACY POLICY (COLLECTIVELY, THESE “TERMS”). The Privacy Policy is hereby incorporated as a part of the Terms. If you are not eligible to use the Services, or do not agree to these Terms, then please do not use the Service. These Terms provide that BINDING ARBITRATION will resolve all disputes between you and us. YOU AGREE TO GIVE UP YOUR RIGHT TO GO TO COURT TO ASSERT OR DEFEND YOUR RIGHTS UNDER THIS CONTRACT (except for matters that may be taken to small claims court), INCLUDING CLASS ACTION LAWSUITS. Your rights will be determined by a NEUTRAL ARBITRATOR and NOT A JUDGE OR JURY and your claims cannot be brought as a class action. Please review Section 17 below for the details regarding your agreement to arbitrate any disputes with Self Love Yoga LLC.

 

Service Overview

 

Self Love Yoga LLC provides an App that provides suggested yoga videos, courses, health tips, and health tips. The Service is meant only to assist you and does not provide any Medical or nutritional advice. The Service is intended only to assist you in your yoga journey and decision making from a high level, generalized perspective. You acknowledge that your personal fitness circumstances, including nutrition, are unique, and that before any information, advice, recommendations or other content you obtain through the Service is implemented or acted upon, you should obtain the advice of a medical doctor, registered dietician, or other professional who is aware of your personal fitness circumstances.

 

Eligibility

 

You must be at least eighteen (18) years of age to use the Service. By agreeing to these Terms, you represent and warrant to us: (i) that you are at least eighteen (18) years of age; (ii) that you have not previously been suspended or removed from the Service; and (iii) that your registration and your use of the Service is in compliance with any and all applicable laws and regulations. If you are using the Service on behalf of an entity, organization, or company, you represent and warrant that you have the authority to bind such organization to these Terms and you agree to be bound by these Terms on behalf of such organization.

 

Payment

 

Access to the Service, or to certain features of the Service, may require you to pay fees. Before you are required to pay any fees, you will have an opportunity to review and accept the applicable fees that you will be charged. All fees are in U.S. Dollars and are nonrefundable. We may change the fees for the Service or any feature of the Service, including by adding additional fees or charges, on a going forward basis at any time. We will charge the payment method you specify at the time of purchase. You authorize us to charge all sums described herein to such payment method. If you pay any applicable fees with a credit card, we may seek preauthorization of your credit card account prior to your purchase to verify that the credit card is valid and has the necessary funds or credit available to cover your purchase. You further agree that you may choose to make automatic monthly payments.

 

Accounts and Registration

 

4.1 To access some of the Services, may require you to register for an account. When you register you will be required to provide us with some information about yourself. You agree that the information you provide to us is accurate and that you will keep it accurate and up-to-date at all times. When you register, you will be asked to create a password. You are solely responsible for maintaining the confidentiality of your account and password. You agree to accept responsibility for all activities that occur under your account. If you have reason to believe that your account is no longer secure, then you must immediately notify us at info@myselfloveyoga.com

 

4.2 By providing us with information, data, passwords, usernames, or other logon information, or other materials or content through the Service, you are thereby granting us the right to use and store such information (including Health Information History, collectively “Health Information”) for the purpose of providing the Service to you; or otherwise making use of such Health Information as described in the Privacy Policy or as contemplated herein. By using the Service, you authorize us, as your agent, to access your Health Information History maintained by the

relevant third parties. Protecting Rights

 

4.3 By providing us with information, data, passwords, usernames, other login information, or other materials or content through the Service, you are thereby granting us the right to use and store such information (including Health Information History, collectively “Health Information”) for the purpose of providing the Service to you; or otherwise making use of such Health Information as described in the Privacy Policy or as contemplated herein. By using the Service, you authorize us, as your agent, to access your Health Information History maintained by the relevant third parties.

 

Protecting Rights:

 

5.1 You will not upload or take any action that infringes or violates the rights of others or otherwise violates the law.

 

5.2 We have the right to remove any content or information you post on the App, Site, or Services if we believe that it violates the terms and conditions of the Terms, Privacy Policy, or decency standards at our sole discretion.

 

5.3 If we remove your content for infringing someone else’s copyright, and you believe we removed it by mistake, we will provide you with an opportunity to appeal.

 

5.4 If you infringe other people’s intellectual property rights, we will disable your account when appropriate.

 

5.5 You will not use our copyrights or Trademarks or any confusingly similar marks, except as expressly permitted by our Brand Usage Guidelines or with our prior written permission.

 

Alerts

 

5.1 Alerts may be sent to your e-mail address, and, based upon your preferences, communicated by additional means, such as, pop-up notices (“Pushes”) on your mobile device. Since alerts may include account number, health information or other sensitive data, please be aware of the methods you choose for receipt of Alerts.

 

5.2 Please be aware that any Alerts may be delayed or prevented from being delivered to you for a variety of reasons. Therefore, we do not guarantee the accuracy or timely arrival of any Alerts.

 

5.3 We have the right to remove any content or information you post on the App, Site, or Services if we believe that it violates the terms and conditions of the Terms, Privacy Policy, or decency standards at our sole discretion.

 

5.4 By using the Service, you consent to receiving certain electronic communications from us as further described in our Privacy Policy. Please read our Privacy Policy to learn more about your choices regarding our electronic communications practices. You agree that any notices, agreements, disclosures, or other communications that we send to you electronically will satisfy any legal communication requirements, including that such communications be in writing.

 

Mobile Device Usage

 

Use of the Services may be made available through a browser on a mobile device or through an application running on a mobile device. You are solely responsible for all costs incurred by you with respect to your usage of the Services on a mobile device, including data usage fees and other telecommunications fees. You understand and agree that if you do not accept certain requirements for our Services (i.e. you do not allow us to send you text messages), that certain portions of the Services may be unavailable to you. When you sign up to receive text messages from us, you acknowledge and agree you will receive such text messages to the number you provide, and that your consent for us to send you text messages is not a condition of purchasing any Self Love Yoga services. Not all carriers may be included within our text messaging programs. You are free to opt-out of receiving text messages from us at any time. Please see any additional instructions provided to you at the time you sign up.

 

Prohibited Conduct

 

5.5 If you infringe other people’s intellectual property rights, we will disable your account when appropriate.

 

5.6 You will not use our copyrights or Trademarks or any confusingly similar marks, except as expressly permitted by our Brand Usage Guidelines or with our prior written permission.

 

5.7 You will not post anyone’s identification documents or sensitive financial information on the Services.

 

5.8 You will not tag users or send email invitations to non-users without their consent.

 

Alerts & Notices

 

5.1 From time to time we may issue notices or alerts (“Alerts”) to you, or you may choose to set up voluntary Alerts based on certain criteria, to the extent made available by the Service. Automatic Alerts may be sent to you in certain situations, e.g., changes in your registration information. Any voluntary Alerts may be created or deactivated by you pursuant to customizations and preferences chosen by you. We may add or delete categories of Alerts from time to time.

 

5.2 Alerts may be sent to your e-mail address, and, based upon your preferences, communicated by additional means, such as, pop-up notices (“Pushes”) on your mobile device. Since alerts may include account number, health information or other sensitive data, please be aware of the methods you choose for receipt of Alerts.

 

5.3 Please be aware that any Alerts may be delayed or prevented from being delivered to you for a variety of reasons. Therefore, we do not guarantee the accuracy or timely arrival of any Alerts.

 

5.4 By using the Service, you consent to receiving certain electronic communications from us as further described in our Privacy Policy. Please read our Privacy Policy to learn more about your choices regarding our electronic communications practices. You agree that any notices, agreements, disclosures, or other communications that we send to you electronically will satisfy any legal communication requirements, including that such communications be in writing.

 

Mobile Device Usage

 

Use of the Services may be made available through a browser on a mobile device or through an application running on a mobile device. You are solely responsible for all costs incurred by you with respect to your usage of the Services on a mobile device, including data usage fees and other telecommunications fees. You understand and agree that if you do not accept certain requirements for our Services (i.e. you do not allow us to send you text messages), that certain portions of the Services may be unavailable to you.

 

When you sign up to receive text messages from us, you acknowledge and agree you will receive such text messages using an autodialer to the number you provide, and that your consent for us to send you text messages is not a condition of purchasing any Self Love Yoga Service. Not all carriers may be included within our text messaging programs. You are free to opt-out of receiving text messages from us at any time. Please see any additional instructions provided to you at the time you sign up.

 

Prohibited Conduct

 

BY USING THE SERVICE YOU AGREE NOT TO:

 

7.1 use the Service for any illegal purpose, or in violation of any local, state, national, or international law;

 

7.2 violate, or encourage others to violate, the rights of third parties, including by infringing or misappropriating

third party intellectual property rights, particularly the rights of Self Love Yoga LLC to its intellectual property, which includes copyrights to its workout and nutrition guidance;

 

7.3 interfere with security-related features of the Service, including without limitation by (i) disabling or

circumventing features that prevent or limit use or copying of any content, or (ii) reverse engineering or otherwise attempting to discover the source code of the Service or any part thereof except to the extent that such activity is expressly permitted by applicable law;

 

7.4 interfere with the operation of the Service or any user’s enjoyment of the Service, including without limitation by (i) uploading or otherwise disseminating viruses, adware, spyware, worms, or other malicious code; (ii) attempting to collect, personal information about users or third parties without their consent; or (iii) interfering with or disrupting any networks, equipment, or servers connected to or used to provide the Service, or violating the regulations, policies, or procedures of such networks, equipment, or servers;

 

Third-Party Services and Offers; Linked Websites

 

If you violate any provision of these Terms, your permission to use the Service will terminate automatically. Additionally, we, in our sole discretion may terminate your user account on the Service or suspend or terminate your access to the Service at any time, with or without notice. We also reserve the right to modify or discontinue the Service at any time (including, without limitation, by limiting or discontinuing certain features of the Service) without notice to you. We will have no liability whatsoever on account of any change to the Service or any suspension or termination of your access to or use of the Service. You may terminate your account at any time by contacting customer service at info@myselfloveyoga.com. If you terminate your account, you will remain obligated to pay all outstanding fees, if any, relating to your use of the Service incurred prior to termination. Privacy Policy; Additional Terms.

 

10.1 Privacy Policy. Please read the Self Love Yoga Privacy Policy, which is available by clicking the hyperlink, and carefully review the information relating to our collection, use, storage and disclosure of your personal information. The Privacy Policy is hereby incorporated by reference into, and made a part of, these Terms.

 

Changes to the Terms

 

We reserve the right, at our discretion, to change these Terms at any time. Please check these Terms periodically for changes. In the event that a change to these Terms materially modifies your rights or obligations, we will make reasonable efforts to notify you of such change. We may provide notice through the Service, by sending an email to any address you may have used to register for an account, or through other mechanisms. Additionally, if the changed Terms materially modify your rights or obligations, we may require you to provide consent by accepting the changed Terms. If we require your acceptance of the changed Terms, changes are effective only after your acceptance. If you do not accept the changed Terms, we may terminate your access to and use of the Service. All other changes are effective upon publication of the changed Terms. Disputes arising under these Terms will be resolved in accordance with the Terms in effect that the time the dispute arose. Ownership; Proprietary Rights; Feedback.

 

12.1 The Service is owned and operated by Self Love Yoga. The visual interfaces, graphics, design, compilation, information, data, computer code (including source code or object code), products, software, services, and all other elements of the Service (the “Materials”) provided by us are protected by all relevant intellectual property, proprietary rights, and applicable laws. All Materials contained in the Service are the property of us or our third-party licensors. Except as expressly authorized by us, you may not make use of the Materials. We reserve all rights to the Materials not granted expressly in these Terms. For any Self Love Yoga Service that enables you to use any software, Materials, content, or other feature owned by Self Love Yoga LLC and ONLY AFTER YOU BECOME A VALIDLY AUTHORIZED USER, we grant you a limited, revocable, non-exclusive, non- sublicensable, non-transferable license to access and use the specific Self Love Yoga Service, and any related software, content, or other Materials for YOUR PERSONAL, NON-COMMERCIAL USE ONLY.

 

12.2 You may provide us with, or we may solicit your feedback, ideas, or suggestions with respect to the Services, and you hereby grant to us a perpetual, worldwide, fully transferable, sub- licensable, full-paid up, irrevocable, royalty free license to use such feedback in future modifications of the Service, other products or services, or marketing or materials. We will not, however, disclose such feedback in a way that would identify you without obtaining your permission. Indemnity.

 

14.1 THE SITE, APP, SERVICE, AND ALL MATERIALS AND CONTENT AVAILABLE THROUGH THE SITE AND SERVICE ARE PROVIDED “AS IS” AND ON AN “AS AVAILABLE” BASIS, WITHOUT WARRANTY OR CONDITION OF ANY KIND, EITHER EXPRESS OR IMPLIED. ANY ADDED YOGA INSTRUCTORS (BUT WITHOUT LIMITATION) DISCLAIMS ALL WARRANTIES OF ANY KIND, WHETHER EXPRESS OR IMPLIED, RELATING TO THE SITE, APP, SERVICE, AND ALL MATERIALS AND CONTENT SUPPLIED BY Self Love Yoga, INCLUDING BUT NOT LIMITED TO:

 

(i) ANY IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE, QUIET ENJOYMENT, OR NON-INFRINGEMENT; AND (ii) ANY WARRANTIES ARISING OUT OF COURSE OF DEALING, USAGE, OR TRADE. INSTRUCTORS DOES NOT WARRANT THAT THE SITE, APP, OR SERVICE OR ANY PART THEREOF, OR ANY MATERIALS OR CONTENT OFFERED THROUGH THE SERVICE, WILL BE UNINTERRUPTED, SECURE, ACCURATE OR FREE OF ERRORS, VIRUSES, OR OTHER HARMFUL COMPONENTS, AND DO NOT WARRANT THAT ANY OF THE FOREGOING WILL BE CORRECTED. NO ADVICE OR INFORMATION, WHETHER ORAL OR WRITTEN, OBTAINED BY YOU FROM THE SERVICE OR ANY MATERIALS OR CONTENT AVAILABLE ON OR THROUGH THE SERVICE WILL CREATE ANY WARRANTY REGARDING ANY SERVICE THAT IS NOT EXPRESSLY STATED IN THESE TERMS. WE DO NOT ENDORSE, WARRANT OR GUARANTEE THE PRODUCTS OR SERVICES OF ANY OFFERS WHICH MAY BE MADE AVAILABLE TO YOU THROUGH THE SERVICES, AND WE ARE NOT AN AGENT OR BROKER OF SUCH OFFER PROVIDERS. ANY AND ALL FINANCIAL INFORMATION THAT WE RECEIVE FROM THIRD PARTIES OR YOU IS NOT VERIFIED BY US FOR ACCURACY OR ANY OTHER REASON. YOU ASSUME ALL RISK FOR ALL DAMAGES THAT MAY RESULT FROM YOUR USE OF OR ACCESS TO THE SERVICE, YOUR DEALINGS WITH OTHER SERVICE USERS, AND ANY MATERIALS OR CONTENT AVAILABLE THROUGH THE SERVICE. YOU UNDERSTAND AND AGREE THAT YOU USE THE SERVICE AND USE, ACCESS, DOWNLOAD, OR OTHERWISE OBTAIN MATERIALS OR CONTENT THROUGH THE SERVICE AND ANY ASSOCIATED SITES OR SERVICES AT YOUR OWN DISCRETION AND RISK, AND YOU WILL BE SOLELY RESPONSIBLE FOR ANY DAMAGE TO YOUR PROPERTY (INCLUDING YOUR COMPUTER SYSTEM USED IN CONNECTION WITH THE SERVICE) OR LOSS OF DATA THAT RESULTS FROM THE USE OF THE SERVICE OR THE DOWNLOAD OR USE OF SUCH MATERIALS OR CONTENT. SOME JURISDICTIONS MAY PROHIBIT A DISCLAIMER OF WARRANTIES AND YOU MAY HAVE OTHER RIGHTS THAT VARY FROM JURISDICTION TO JURISDICTION.

 

14.2 If you access any Self Love Yoga Service using an Apple iOS or other third party device, you acknowledge that each of those third party companies, such as Apple Inc. (each, “App Provider”), will not be responsible for any damages arising out of the failure of a Self Love Yoga Service to operate as intended. When accessing any Self Love Yoga Services by or through an App Provider, you acknowledge and agree that: (i) these Terms are concluded between you and Self Love Yoga LLC, and not with the App Provider, and that we are solely responsible for any Self Love Yoga Services (such as mobile applications), and not the App Provider; (ii) the App Provider has no obligation to furnish any maintenance and support services with respect to any Self Love Yoga Services; (iii) in the event of any failure of the Self Love Yoga Services to conform to any applicable warranty:

 

(a) you may notify the App Provider and the App Provider will refund the purchase price for the Self Love Yoga Services to you (if applicable); (b) to the maximum extent permitted by applicable law, the App Provider will have no other warranty obligation whatsoever with respect to the Self Love Yoga Services; and (c) any other claims, losses, liabilities, damages, costs or expenses attributable to any failure to conform to any warranty will be our responsibility; (iv) the App Provider is not responsible for addressing any claims you have or any claims of any third party relating to any Self Love Yoga Services or your possession and use of the Self Love Yoga Services, including without limitation: (d) product liability claims; (e) any claim that the Self Love Yoga Service fails to conform to any applicable legal or regulatory requirement; and (f) claims arising under consumer protection or similar legislation; (v) in the event of any third party claim that the Self Love Yoga Service or your possession and use of the same infringes that third party’s intellectual property rights, we will be responsible for the investigation, defense, settlement and discharge of any such intellectual property infringement claim to the extent required by these Terms; (vi) the App Provider and its subsidiaries, are third party beneficiaries of these Terms as it relates to your license of the Self Love Yoga Services, and that, upon your acceptance of these Terms, the App Provider will have the right (and will be deemed to have accepted the right) to enforce these Terms against you as a third party beneficiary thereof; and (vii) you must also comply with all applicable third party terms of service when using the Self Love Yoga Services. As also mentioned in these Terms, you represent and warrant that you are not located in a country that is subject to a U.S. government embargo, or that has been designated by the U.S. government as a terrorist supporting country, and that you are not listed on any U.S. government list of prohibited or restricted parties.

 

Limitation of Liability

 

Contact us with any questions or comments about the Terms or Privacy Policy by email at info@myselfloveyoga.com. You may obtain a copy of these Terms by sending an email or letter to the addresses listed about with a request for these Terms and requested method of delivery of the Terms.

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