Terms of Service & Conditions

yogatv.pt and YOGAtv, LLC Terms of Service & Conditions

Introduction

These Terms of Service & Conditions are an agreement between YOGAtv, LLC, and you, a user of our web site and YOGAtv products and services. Please read this agreement carefully. By using products and services available through the Site or from YOGAtv, you agree to be bound by these Terms of Service & Conditions as well as our Privacy Policy. Any new features of our products, services, and website, including updates, upgrades, or new services, shall also be subject to these Terms of Service & Conditions

. In addition, some products and services offered through our company and web site may be subject to additional terms and conditions that we publish from time to time. Your use of such services is subject to those additional terms and conditions. Any new features of our website, including updates, upgrades, or new services, shall also be subject to these Terms of Service. In addition, some services offered through our web site may be subject to additional terms and conditions that we publish from time to time. Your use of such services is subject to those additional terms and conditions.

THESE TERMS OF SERVICE (“TERMS”) SET FORTH THE LEGALLY BINDING TERMS FOR YOUR USE OF THE WEB SITE. BY ACCESSING, DOWNLOADING, OR USING THE WEB SITE, YOU ARE ACCEPTING THESE TERMS, AND YOU REPRESENT AND WARRANT THAT YOU HAVE THE RIGHT, AUTHORITY, AND CAPACITY TO ENTER INTO THIS AGREEMENT. YOU MAY NOT ACCESS OR USE THE WEB SITE OR ACCEPT THESE TERMS IF YOU ARE NOT AT LEAST 18 YEARS OLD. IF YOU DO NOT AGREE WITH ALL OF THE PROVISIONS OF THIS AGREEMENT, DO NOT ACCESS AND/OR USE THE WEB SITE.

Please read these Terms & Conditions carefully and in their entirety before using yogatv.pt (hereinafter referred to as the “Site”). The Site and its content are owned by YOGAtv, LLC.

PURPOSE: These Terms & Conditions are here to clearly explain, outline, and layout the rules, terms, and conditions of using, viewing, and/or browsing the Site and/or purchasing or downloading any course, program, service, or product offered on or by us or the Site.

IMPORTANT NOTES:

By using the Site in any capacity, you voluntarily agree to these Terms & Conditions. You agree that you have read, understood, and consented to these Terms & Conditions. If you have any questions, please contact us at info@yogatv.pt

You must be at least 18 years old and be able to consent to these Terms & Conditions. If you are under the age of 18, or you do not agree with these Terms & Conditions as stated herein, please STOP now and do not use this Site or its content. By using the Site, you agree to the Terms & Conditions as stated herein, regardless of whether or not you have read these Terms & Conditions.

These Terms & Conditions contain an Arbitration Clause and require you to dispute or resolve any claim with us through Arbitration. By agreeing to these Terms & Conditions, you agree to the Arbitration Clause in Paragraph No. 18 and voluntarily waive your right to a jury trial.

By proceeding on the Site, you hereby agree to the following:

  1. 1. Definitions:

“Company”, “We”, “I”, “Our”, or “Us” means YOGAtv, LLC and our website, yogatv.pt.

“Content” means any and all written, visual, video, or audio information contained on the Site, including, but not limited to, any and all emails received from YOGAtv, LLC, and/or yogatv.pt, and any and all written or downloadable material purchased, viewed, or otherwise offered by YOGAtv, LLC, and/or yogatv.pt, including, but not limited to, blog posts, graphics, newsletters, designs, documents, information, templates and materials.

“Personal Information” means information that can be used on its own or in conjunction with other information to identify, contact, or locate a person, or to identify an individual in context. For example, personal information includes, among other things, your name, address, email address, etc.

“Site, Courses, Services, and/or Products” means yogatv.pt, Content (as defined herein), email list/newsletters, social media posts, blog posts, classes, courses, workshops coaching services, guides, eBooks, forms, worksheets, workbooks, webinars, website materials, and/or templates available on the Site.

“Site” means yogatv.pt and any and all of its associated pages, tabs, landing pages, forms, or sub-pages.

“You” or “Your” means the user, customer, or viewer of the Site.

2. Consent:

By using the Site and/or making any Purchase, you implicitly and voluntarily agree to act in accordance with, and abide by, these Terms & Conditions, our Privacy Policy, and Disclaimer.

By using the Site and/or making any Purchase, you represent and warrant that you are at least 18 years-old. Any use of, or access to, the Site and its Content by anyone under the age of 18 is unauthorized and in direct violation of these Terms & Conditions and our Privacy Policy].

3. Site Rules:

By using the Site and/or making any Purchase, you hereby agree & consent not to:

• Abuse or harass any person through or on the Site.

• Post or transmit obscene, offensive, libelous, defamatory, pornographic, or abusive content, as well as content that infringes our intellectual property rights or those of another person, website, or company.

• Use the Site in any way or for any purpose which violates any law of the United States and the jurisdiction in which you use the Site.

• Post or transmit any “spam” or unwanted, unsolicited content.

• Post copyrighted materials, photographs, or content which do not belong to you.

• Promote or sell your own content, services, or products through the Site, or the content, services, or products of anyone else other than us.

• Copy, download, share, post, or transmit our intellectual property in any way that infringes on our intellectual property rights.

4. DISCLAIMER - NO MEDICAL ADVICE:

Our Content is for informational and educational purposes only, and is based on our personal experience.Content on this and related sites in no way constitutes medical advice and is not intended to be a substitute for medical advice, diagnosis, or treatment.
By using the Site, you understand that we are yoga teachers and other mentors. We are not a nutritionist, therapist, or licensed medical professional, and therefore you need to discuss and clear any and all changes to your lifestyle, food intake, exercise regimen, or medical treatment with your physician before implementing changes or habits suggested by us. We also advise you to consult with your medical doctor before practicing any type of physical activity, exercise and/or changing your diet and/or lifestyle. You must discuss any and all changes to your diet, exercise regimen, supplements, medications, or lifestyle with your physician or qualified medical professional before implementing any suggested or offered changes, additions, or alterations to your lifestyle. Always seek the advice of your physician or another qualified health provider with any questions you may have regarding a medical condition. Never disregard professional medical advice or delay seeking it as a result of your use of site content. We make no guarantees about your experience or results from your use of content and you release YOGAtv, LLC, its teachers, collaborators, officers, employees, and consultants of any liability relating to your use.

5. Your Consent to These Terms of Service & Conditions:

By using this Site, or Purchasing or Downloading from our Site, Courses, Services, and/or Products, you implicitly and voluntarily agree to these Terms of Service & Conditions as stated herein.

6. Changes To These Terms of Service & Conditions:

We reserve the right to change, amend, or otherwise alter these Terms of Service & Conditions at any time without notice to you. When changes are made to these Terms of Service & Conditions, we will update the “Updated on” date at the bottom of this page. If you do not agree with these Terms of Service & Conditions, please do NOT use our Site, read or implement its Content, or Purchase or Download anything from us.

7. Links to Third-Party or External Websites:

The Site may contain or include website URL links to third-party or external websites. Typically, these URL links are provided so that you may directly access a site that contains relevant information. Please note we are not liable for any of the information contained on or within the third-party or external websites. We are not responsible for the way they handle your personal information, whether they have a privacy policy, or any information you provide to them by visiting their website. You are responsible for reading and agreeing to, or expressing disagreement with, the external website’s privacy policy or terms of service & conditions.

8. Intellectual Property Ownership:

The Site and its Content are intellectual property solely owned by YOGAtv, LLC. The Site and its Content are protected by United States copyright and trademark laws, as well as state intellectual property laws. Any violations of this term, and all terms contained herein, will be legally pursued to the fullest extent permitted by law.

9. Our Limited License to You:

If you view, access, or Purchase the Site, Courses, Services, and/or Products, you are considered our Limited Licensee (“Licensee”). As a Licensee, you agree and understand that the Site, Courses, Services, and/or Products have been written, created, drafted, invented, and developed by us after a significant investment of time, money, education, hard work, and brainpower. The Site, Courses, Services, and/or Products are extremely valuable to us, both professionally and personally, and we take the protection of our Site, Courses, Services, and/or Products very seriously.

You may not use the Site, Courses, Services, and/or Products in any manner that is unauthorized, improper, against these Terms of Service & Conditions or our Privacy Policy, or which violate U.S. intellectual property laws unless authorized by us in writing beforehand.

10. Your License to Us:

By commenting on the Site, or submitting documents to YOGAtv, LLC via contact form, email, or social media, you represent that you are the lawful owner of said documents, statements, and/or the information they contain. You grant us a license to use your comments or submissions in any way we see fit, as it relates to our business purposes.

11. Purchase & Access Terms:

During the course of your use, Purchase, and/or Download from the Site, Courses, Services, and/or Products, you agree and understand that you cannot distribute, copy, forward, and/or share information prohibited by these Terms of Service & Conditions. You also agree and understand that you are to take all necessary steps to make sure that you do not inadvertently share or distribute said materials, including, but not limited to, protecting your password (if any) to the Site to access your Purchase or Download. Any violations of these Terms & Conditions will be legally pursued to the fullest extent permitted by law.

12. Sharing the Site & Its Content:

You must request and receive written permission by email info@yogatv.pt before sharing our Site and its Content for commercial purposes. You may share the site for personal purposes, but we ask that you link directly to the Site. You are required to give us and the Site credit by linking to the Site and its Content if you share it on social media or your own website, including all photographs. Since the Site and its Content are not yours, you may not in any way imply or represent that the Site or its Content are yours or that you in any way created, caused, or contributed to the Site or its Content. You may not make any claims that you are in any way associated with YOGAtv, LLC.

13. No Claims Made Regarding Results:

Any and all current or past-client testimonials, statements, or examples used by us are simply that: examples. They are not guarantees that you will also experience or receive the same results. Each client and his/her circumstances are unique and nothing shall be interpreted as a guarantee that you will experience the same results as another client of ours.

14. DISCLAIMER - No Warranties, Guarantees, or Representations Are Being Made:

We do not offer any warranties, of any variety, regarding the Site, Courses, Services, and/or Products, and/or your Purchase or Download, in any way. The Site, Courses, Services, and/or Products, and/or your Purchases or Downloads are offered “AS IS” and without warranties of any kind, neither express nor implied, to the extent permitted by law.

15. Your Release of Us:

By using the Site or Purchasing, Downloading, or using YOGAtv, LLC’s Courses, Services, and Products, you agree to release, forgive, and forever discharge YOGAtv, LLC, its subsidiaries, employees, agents, contractors, subcontractors, and affiliates from any and all claims, suits, actions, charges, demands, liabilities, damages, judgments, and/or costs, whether known or unknown, both legal and equitable in any manner.

16. Errors & Omissions:

Every effort is made to provide up-to-date accurate information both on the Site and through our services. However, due to the complexity of the issues we cover, YOGAtv, LLC does not and cannot warrant, represent, or guarantee that such information is free from errors, accurate, or up-to-date at all times. You should do your due diligence, research, or consult with a professional to ensure that all information you receive, act upon, or rely on from this Site and/or from our services is accurate and up-to-date.

17. Our Refund Policy:

We will do everything within our ability (and within reason) to ensure your satisfaction. Refunds will not be issued for coaching services already rendered or products already purchased. If you have any questions or concerns, or if there is anything we can do to make your experience a more pleasant one, please email Catarina Henriques at info@yogatv.pt.

18. ARBITRATION CLAUSE:

If you have any complaint or should any issue arise in the use of the Site or YOGAtv, LLC’s Courses, Services, and/or Products, please contact us directly first by emailing Catarina Henriques at info@yogatv.pt.

However, if we are unable to amicably resolve your dispute in that manner, you agree that you and YOGAtv, LLC shall submit your dispute to binding arbitration with the American Arbitration Association, before an arbitrator that is mutually agreed upon, in accordance with the American Arbitration Association’s (“AAA”) rules.

By agreeing to this term, you hereby agree and understand that you’re waiving your right to a jury trial in court, which would otherwise be available to you if not for this Arbitration Clause. Should any arbitration hearing need to be held, it shall be held within 5 miles of Baltimore City, Maryland, USA.

    If the arbitrator issues an award and a judgment is made, the judgment will be binding and will be entered in court in the State of Maryland. The only award that can be issued to you is a refund of any payment made to YOGAtv, LLC for the applicable Product or Service. You are not permitted to seek additional damages, including consequential or punitive damages.

    19. Consent to Governing Law:

    These Terms of Service & Conditions, and any dispute arising out of it, shall be governed by the laws of the State of Maryland.

    20. Consent to Jurisdiction:

    You hereby irrevocably consent to the exclusive jurisdiction and venue of any Federal Court in the United States District Court for the District of Maryland or a state court located within the State of Maryland in connection with any matter arising out of these Terms of Service & Conditions and Privacy Policy or as a result of your use, Download, or Purchase from the Site, Courses, Services, and/or Products.

    21. Consent to Service:

    You hereby irrevocably agree that process may be served on you in any manner authorized by the Laws of the State of Maryland  for such persons, and you waive any objection which you might otherwise have to service of process under the laws of the State of Maryland.

    22. Payment & Purchases:

    When you Purchase or Download one of our Courses, Services, and Products from us or the Site, you may pay by the payment methods accepted by Stripe. By doing so, you give YOGAtv, LLC permission to automatically charge your credit card for payment. You will receive an electronic receipt following your Purchase, which you should retain for your records. 

    If you elect the installment or “pay over time” option at checkout, you agree that YOGAtv, LLC has permission to automatically charge, without checking with you before each installment transaction is charged, the amount due on the date(s) agreed upon at checkout.

    If your payment method fails or is otherwise declined, you will be removed from, or canceled from having access to, our Courses, Services, and Products. Please note, in the event your payment method is declined at any time, you are still responsible for the full cost of your Purchase.

    We do not accept any chargeback threats (real or threatened). If any chargebacks are placed on a Purchase or Download of our Courses, Services, and Products, we will report said incident to the major credit reporting agencies. Doing so could have a negative impact on your credit report and/or credit score. Should we need to do so and you would like to have this report removed from your credit report, please contact us to arrange for payment owed. Once payment owed is received, we will make the appropriate reports to the credit agencies.

    Payment processing companies may have different privacy policies and practices than we do. We are not responsible for the policies of the payment processing companies. As with any online purchase, there are circumstances beyond our control which may compromise your credit card or payment method. We are not liable or responsible for any of those circumstances.

    You hereby release us from any and all damages related to your payment or use of our payment processing companies in which you incur and further agree not to assert any claims against us or them for any damages which arise from your Purchase or use of our Site and its Content.

    23. Limitation of Liability:

    YOGAtv, LLC is not responsible or liable in any way for any and all damages you receive directly or indirectly from your use, Purchase, or Download from our Site, Courses, Services, and/or Products. We do not assume liability for damages, injuries, harm, death, misuse of (or failure to properly use) information or documents, due to any act, or failure to act, by you. Notwithstanding anything to the contrary contained herein, your sole and exclusive remedy for negligence, failure to perform, or breach by us shall be a refund of the amount paid for such service or product. IN NO EVENT SHALL WE BE LIABLE TO YOU FOR ANY INDIRECT, SPECIAL, EXEMPLARY, OR CONSEQUENTIAL DAMAGES.

    24. Defense & Indemnification

    You shall, at all times, indemnify, defend, and hold harmless YOGAtv, LLC, Catarina Henriques, and all of our shareholders, officers, members, affiliates, contractors, subcontractors, directors, assignees, employees, and licensees from and against all losses, damages, injuries, delays, deaths, lost profits, and expenses arising out of any proceeding (a) brought by either a third-party or by YOGAtv, LLC and Catarina Henriques (b) arising out of your breach of your obligations, representations, warranties, or covenants under these Terms of Service & Conditions or the Privacy Policy; and (c) arising out of any alleged breach or negligence said to have been committed by us.

    25. Termination of Your Use

    At our sole discretion, we are permitted to terminate your use or access to the Site, Courses, Services, and/or Products, and Purchases/Downloads if you abuse, violate, or breach any of these Terms of Service & Conditions or Privacy Policy, or any other terms to which you have agreed to.

    26. Entire Agreement

    These Terms of Service & Conditions and our Privacy Policy constitute the entire agreement between you and us with respect to the Site, Courses, Services, and/or Products, and they supersede all prior or contemporaneous communications and proposals, whether electronic, oral, or written, between you and us with respect to the Site, Courses, Services, and/or Products.

    27. Severability

    The provisions of these Terms of Service & Conditions are severable, and the invalidity or unenforceability of any provision shall not affect the validity and enforceability of any other provision herein. If any paragraph, section, subsection, sentence, or clause of these Terms & Conditions are rendered illegal, invalid, or unenforceable, such illegality, invalidity, or unenforceability shall have no effect on these Terms & Conditions as a whole or on any other paragraph, section, subsection, sentence, or clause herein.

    28. Your Privacy & Security on the Site:

    Please read our Privacy Policy for how we handle your personal information.

    29. Contact

    If you have any questions or concerns regarding these Terms of Service & Conditions, you may contact us using the following information:

    • Website: yogatv.pt

    • Email: Catarina Henriques at info@yogatv.pt

    • Business Address: 1200 Steuart St. Unit 527, 21230 Baltimore, Maryland, USA


    Miscellaneous


    Our Content; Proprietary Rights

    Through our web site, we offer, sell, and digitally distribute videos, audiovisual combinations, music, sounds, graphics, photos, and other content, as well as sell products related to that content. We are the owner or authorized licensee of all information, materials, functions, and other content contained on our web site, and you acknowledge that you are only receiving a limited right to access or use this content. No content from our web site may be used, reproduced, transmitted, distributed, or otherwise exploited in any way other than as part of our web site. We also own any information and data collected by us from you, including without limitation any data regarding your use and viewing of our web site and its content. We may use such information and data for benchmarking and other service enhancements. We will handle and treat any information we collect from you in compliance with our current Privacy Policy. The name YOGAtv, LLC and our graphics, logos, designs, page headers, button icons, scripts, and service names are registered and/or common law trademarks trade names, or trade dress of YOGAtv, LLC in the U.S. and/or other countries. These trademarks, trade names, and trade dress may not be used in connection with any product or service in any manner that is likely to cause confusion. We reserve all rights in or to such trademarks, trade names, or trade dress. We respect the intellectual property rights of others and expect our users to do the same. It is our policy, in appropriate circumstances and at its discretion, to disable or terminate the accounts of users who repeatedly infringe or are repeatedly charged with infringing the intellectual property rights of others.

    Third-Party Links

    We are not responsible for the content or availability of outside websites or resources linked to or referenced on our website. We do not endorse and are not responsible or liable, directly or indirectly, for any claims that arise from your access or use of any content, advertising, products, or other materials on or available from such web sites.

    Your Account

    If you choose to purchase a product or service offered on our web site, you will be asked to create an account and will be prompted to create your own unique user name and password. You must keep your account information secure. You are solely responsible and liable for all activities that occur under your password or account. You shall notify us immediately of any breach of security or unauthorized use of your password or account. You acknowledge, consent, and agree that we may preserve and disclose your account information if required to do so by law or in a good faith belief that such preservation or disclosure is reasonably necessary to comply with a legal process or to enforce these Terms of Service.

    Eligibility;

    Age Restriction

    Our web site may only be used by individuals who are 18 years and older and who can form legally binding contracts under applicable law. Individuals under the age of 18 must at all times use our web site only in conjunction with and under the supervision of a parent or legal guardian who is at least 18 years of age. In these cases, the supervising adult is responsible for any and all activities conducted on or through our web site. You represent and warrant that you are at least 18 years old, or that you are using our web site under the supervision of an adult parent or legal guardian, and that all registration information you submit is accurate and truthful. We may, in our sole discretion, refuse to offer access to or use of our web site to any person or entity and change our eligibility criteria at any time. This provision is void where prohibited by law, and the right to access the website is revoked in such jurisdictions.

    Payment Processing;

    Order Fulfillment

    Our web site is hosted by Uscreen, which also assists in the processing of our orders. When you input your credit card information as payment for an order, Uscreen directly and securely transmits that information to its third party payment processor, who verifies the credit card and remits the payment to us. Uscreen nor we ever store your credit card image or number. Sales and use taxes, as applicable by law, will be based on your location and our location and, purchase prices are inclusive of taxes. You will be responsible for paying any applicable taxes relating to your payments and will indemnify and hold harmless YOGAtv, LLC, and Uscreen from your failure to pay any and all taxes, including sales tax, based on incorrect information provided by you. If you believe you are entitled to a refund of any taxes, you are solely responsible for such determination. Uscreen also fulfills all orders for digitally distributed content by making that content available for viewing. It will inform you of the device and system requirements for accessing this content. You are responsible for completing the digital download and for all risk of loss of the content after download. You acknowledge that the resolution and quality of the content received will depend on a number of factors, including the type of device on which it is streamed and available bandwidth. While we strive to provide a high-quality viewing experience, Uscreen nor we guarantee the resolution or quality of the content. Upon receiving an order for any of our products, Uscreen will notify us so that we may fulfill the order directly.

    Acceptable Use

    You agree not to use or launch any automated system, including without limitation, “robots,” “spiders,” or “offline readers,” that accesses our web site in a manner that sends more request messages to our servers in a given period than a human can reasonably produce in the same period by using a conventional on-line web browser. You agree to comply with all applicable laws in your use of our web site.

    Unacceptable Use

    You shall not:

    modify, adapt, sublicense, translate, sell, reverse engineer, decompile or disassemble any portion of the web site;

    remove any copyright, trademark, or other proprietary rights notices contained in or displayed on any part of the web site or any content;

    “frame” or “mirror” any portion of the web site, or link to any material other than via the homepage of the URL located at yogatv.pt or the URLs provided by us to you for such purposes, without our prior written authorization;

    use any robot, spider, site search/retrieval application or other manual or automatic device or process to retrieve, index, “data mine” or in any way reproduce or circumvent the navigational structure or presentation of the web site; or

    harvest or collect information about or from users of the web site without their express consent and, if such consent is provided, only pursuant to applicable law.

    Reporting Copyright Infringement

    If you are a copyright owner or are authorized to act on behalf of one, please report alleged copyright infringements taking place on or through our website by completing the following DMCA Notice of Alleged Infringement and delivering it to our Designated Copyright Agent. In accordance with the Digital Millennium Copyright Act of 1998, we will respond expeditiously to these allegations and take whatever action, in our sole discretion, we deem appropriate, including removal of the challenged material from the web site. The DMCA Notice of Alleged Infringement shall: 1. Identify the copyrighted work that you claim has been infringed.2. Identify the material you claim is infringing, which is to be removed or disabled, and provide information reasonably sufficient to permit us to locate the material, including at a minimum, if applicable, the URL of the link shown on the website such material may be found.3. Provide your mailing address, telephone number, and, if available, email address.4. Include both of the following statements in the body of the notice:

    “I hereby state that I have a good faith belief that the disputed use of the copyrighted material or reference or link to such material is not authorized by the copyright owner, its agent, or the law (e.g., as a fair use).”

    “I hereby state that the information in this notice is accurate and, under penalty of perjury, that I am the owner, or authorized to act on behalf of the owner, of the copyright or of an exclusive right under the copyright that is allegedly infringed.”

    5. Provide your full legal name and your electronic or physical signature. Deliver this Notice, with all items completed, to our Designated Copyright Agent at YOGAtv, LLC 1200 Steuart Street, Unit 527, 21230 Baltimore, MD, USA info@yogatv.pt

    Warranties/Limitation of Liability

    OUR CONTENT AND SERVICES ARE PROVIDED “AS IS” AND “AS AVAILABLE.” WE HEREBY DISCLAIM ALL WARRANTIES, WHETHER EXPRESS, IMPLIED OR STATUTORY, WITH RESPECT TO OUR WEB SITE OR SERVICES, WITHOUT LIMITATION, ANY WARRANTIES OF INFRINGEMENT, TITLE, MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE. WE DO NOT MAKE ANY WARRANTIES THAT THE WEB SITE WILL BE UNINTERRUPTED, SECURE OR ERROR-FREE OR THAT YOUR USE OF THE WEB SITE WILL MEET YOUR EXPECTATIONS, OR THAT THE WEB SITE, CONTENT, OR ANY PORTION THEREOF, IS CORRECT, ACCURATE, OR RELIABLE. WE RESERVE THE RIGHT TO CHANGE ANY PART OF THE WEB SITE AT ANY TIME WITHOUT NOTICE. WE WILL NOT BE LIABLE FOR ANY INDIRECT, CONSEQUENTIAL, SPECIAL, INCIDENTAL OR PUNITIVE DAMAGES, OR FOR ANY LOST PROFITS, LOSS OF DATA OR PROCUREMENT OF SUBSTITUTE GOODS OR SERVICES, HOWEVER, CAUSED AND ON ANY THEORY OF LIABILITY (INCLUDING NEGLIGENCE OR STRICT LIABILITY), ARISING OUT OF THIS AGREEMENT OR YOUR USE OR INABILITY TO USE OUR WEB SITE OR SERVICES, EVEN IF WE HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. IN NO EVENT SHALL OUR AGGREGATE LIABILITY ARISING OUT OF THIS AGREEMENT OR YOUR USE OF OUR WEB SITE OR SERVICES, WHETHER IN CONTRACT, TORT, OR OTHERWISE, EXCEED THE GREATER OF (A) THE AMOUNT OF FEES PAID BY YOU TO PURCHASE THE CONTENT OR PRODUCTS THAT GAVE RISE TO SUCH LIABILITY, AND (B) $100. 

    Indemnification 

    You agree to defend, indemnify and hold harmless YOGAtv, LLC and its officers, directors, employees, and agents from and against any and all claims, actions, suits, or proceedings, as well as any and all losses, liabilities, damages, costs, and expenses (including reasonable attorneys’ fees) arising out of any breach by you of any of these Terms of Service & Conditions or your violation of any law or the rights of a third party.

    TERMS OF ENROLLMENT

    The following Terms of Enrollment govern your participation in the Program presented by YOGAtv, LLC.  Please read these Terms of Enrollment carefully. By visiting and using the Program Portal/Membership Site, you agree that your use of our Site, participation in our Program, and use of Program materials is governed by the following terms and conditions, together with our Terms of Service and Privacy Policy.

    The YOGAtv Membership includes:

    Access to YOGAtv membership portal available at yogatv.pt

    Access to YOGAtv Sangha members-only private community

    We are committed to providing all participants with a positive experience. Thus, YOGAtv, LLC may, at its sole discretion, limit, suspend, or terminate your participation in any of its programs, live, recorded, social media-based, or digital, without refund or forgiveness of remaining payments if:

    you become disruptive or difficult to work with;

    you fail to follow the program guidelines; or,

    you impair the participation of our instructors or participants in our program(s).

    You hereby acknowledge and agree that:

    The content provided by YOGAtv, LLC is not intended as a substitute for, or in lieu of, other health and wellness training, certification, accreditation, and/or licensing.

    Your participation in this Program is not a substitute for any licensing requirements that may be applicable to you and does not independently authorize you to render care, prescribe regimens or prescribe medications or supplements.

    Your activities in the health and wellness field remain subject to your education, qualifications, and licensure.

    Content

    Program education and information is intended for a general audience and does not purport to be, nor should it be construed as specific advice tailored to any individual.  

    All materials, procedures, policies, and standards, all teaching manuals, all teaching aids, all supplements and the like that have been or will be made available Company or its designated facilitators, or any other source, oral or written, are for personal use in or in conjunction with this training program only.

    Program content is for personal use only and may not be sold, recorded, videotaped, shared, taught, given away, or otherwise divulged without the Company's express written consent or its designated agent.

    The information contained in the program material is strictly for educational purposes. Therefore, if you wish to apply ideas contained in this material, you are taking full responsibility for your actions.

    We assume no responsibility for errors or omissions that may appear in any program materials.

    Usernames and passwords may not be shared with any third-parties.

    Any violation of the Company’s policies regarding content usage shall result in the immediate termination of your enrollment without refund.

    Membership and Fees

    Billing

    Members are billed on a recurring monthly or annual basis based on the original sign-up date. Member rates are locked in, meaning their rate will stay the same for as long as they are members, regardless of public pricing increases.

    Termination

    These Terms shall take effect on the date you first access or use our web site and shall continue until terminated in accordance with these Terms. You agree that we may, in our sole discretion, suspend, block, or terminate your access to all or part of our website and any content, with or without notice, for any reason. Any suspected illegal or fraudulent activity may be referred to appropriate law enforcement authorities.

    Cancellation and Refund Policy

    Your purchase of a product or service or ticket to an event may or may not provide for any refund. Monthly and annual YOGAtv members can cancel at any time to end future payment obligations in their account settings after logging in at yogatv.pt. Refunds are not permitted. Active members may cancel their membership through their resources for the remainder of their paid membership. After membership has been terminated, members will not have access to any membership resources.

    Governing Law; Jurisdiction

    These Terms are governed by the laws of Maryland without regard to its conflicts of law provisions. Any claim or controversy arising out of or related to these Terms shall be instituted in any state court in Baltimore City, Maryland, or federal court in Baltimore City, Maryland. Each party agrees to submit to the jurisdiction of and agrees that the venue is proper in such courts in any such legal action or proceeding.

    These Terms and our Privacy Policy constitute the entire agreement between you and YOGAtv LLC. You may not assign these Terms in whole or in part without our prior written consent, and any purported assignment in violation of this provision shall be null and void. We may assign or otherwise transfer these Terms and all rights granted hereunder in connection with any corporate reorganization, merger, or sale of all or substantially all of the assets and business to which these Terms relate. These Terms shall be binding upon and inure to the benefit of the parties hereto and their respective heirs and assigns. If any provision of these Terms is determined by a court of competent jurisdiction to be illegal, invalid, or unenforceable, the remaining provisions shall remain in full force and effect. No waiver of any breach of any provision of these Terms shall constitute a waiver of any prior, concurrent or subsequent breach of the same or any other provisions hereof, and no waiver shall be effective unless made in writing and signed by an authorized representative of the waiving party.

    Modifications

    We reserve the right to make changes to these Terms at any time by updating this page with any such changes and indicating the effective date of those changes. You acknowledge and agree that it is your responsibility to review these Terms periodically to familiarize yourself with any modifications; by continuing to access and use our web site after those changes become effective, you consent and agree to be bound by the revised Terms.

    Online Commerce

    Certain sections of the Site may allow you to purchase many different types of products and services online that are provided by third parties. We are not responsible for the quality, accuracy, timeliness, reliability, or any other aspect of these products and services. If you make a purchase from a merchant on the Site or on a site linked to by the Site, the information obtained during your visit to that merchant’s online store or site, and the information that you give as part of the transaction, such as your credit card number and contact information, may be collected by both the merchant and us. A merchant may have privacy and data collection practices that are different from ours. We have no responsibility or liability for these independent policies. In addition, when you purchase products or services on or through the Site, you may be subject to additional terms and conditions that specifically apply to your purchase or use of such products or services. For more information regarding a merchant, its online store, its privacy policies, and/or any additional terms and conditions that may apply, visit that merchant’s website, click on its information links or contact the merchant directly. You release us and our affiliates from any damages that you incur and agree not to assert any claims against them or us arising from your purchase or use of any products or services made available by third parties through the Site. Your participation, correspondence, or business dealings with any third party found on or through our Site, regarding payment and delivery of specific goods and services, and any other terms, conditions, representations, or warranties associated with such dealings, are solely between you and such third party. You agree that YOGAtv, LLC shall not be responsible or liable for any loss, damage, or other matters of any sort incurred as the result of such dealings. You agree to be financially responsible for all purchases made by you or someone acting on your behalf through the Site. You agree to use the Site and to purchase services or products through the Site for legitimate, non-commercial purposes only. You also agree not to make any purchases for speculative, false, or fraudulent purposes or for the purpose of anticipating demand for a particular product or service. You agree to only purchase goods or services for yourself or for another person for whom you are legally permitted to do so. When making a purchase for a third party that requires you to submit the third party’s personal information to us or a merchant, you represent that you have obtained such a third party's express consent to provide such third party’s personal information.

    Contact Us

    If you have any questions or comments regarding these Terms of Service & Conditions or our Privacy Policy, you can contact us at info@yogatv.pt. These Terms of Service and this Privacy Policy are effective as of November 11, 2020.

    Updated on December, 25, 2020