Yoga ID’s website and apps (hereinafter referred to as the “Website”) is an intelligent tool which
challenges people to live fulfilling lives by providing members of all skill levels: (1) high quality
movement classes, (2) educational materials about health and wellness, and (3) a community of
people interested in living their true potential. The Website is owned by Yoga ID.
These Terms & Conditions of Use (this “Agreement”) apply to: (1) all of the products, services and
websites offered by Yoga ID, including, but not limited to, the Website; (2) mobile, tablet, internet
television, or other digital or electronic versions of the Yoga ID video streaming platform; (3) any
Yoga ID software; and (4) any applications created by Yoga ID whether available through a social
networking site or its subsidiaries or affiliated companies (collectively, the “Service”). Please note
that the availability of any Yoga ID applications on a social networking site, mobile or tablet device,
internet television or other technology platform does not indicate any relationship or affiliation
between Yoga ID and such social networking site, mobile or tablet device, or internet television or
other technology platform.
This Service is not directed to persons under eighteen (18) years of age.
PLEASE READ THIS AGREEMENT VERY CAREFULLY BEFORE USING THE SERVICE. THIS
AGREEMENT CONTAINS AN ARBITRATION AGREEMENT AND CLASS ACTION WAIVER.
1. Acceptance of Terms
This Agreement sets forth legally binding terms for your use of the Service. By using the Service,
you agree to be bound by this Agreement, whether you are a “Visitor” (which means that you
simply browse the Service) or you are a “Member” (which means that you have registered on the
Website as a user). If you do not accept the terms of this Agreement, you should leave the Website
and discontinue use of the Service immediately. We will post a notification on the Service in the
event of any material changes to this Agreement. Such changes, whether in the form of
modifications, additions, or deletions, shall be effective when specified in the relevant notification
or, if the change is immaterial, immediately upon appearing on the Service. Your continued use of
the Service following our posting of any changes to this Agreement means that you accept those
changes.
2. Arbitration Agreement and Class Action Waiver
You and Yoga ID agree that any dispute between us (including disputes against any agent,
employee, subsidiary, affiliate, predecessor in interest, successor, or assign of the other) relating
to: (1) the Service; (2) any transaction or relationship between us resulting from your use of the
Service; (3) the purchase, order, installation, or use of the Service; or (4) communications between
us, will be resolved exclusively and finally by binding arbitration and the arbitration decision may be
enforced and judgment entered thereon in any court of competent jurisdiction. You and Yoga ID
further agree that this arbitration agreement is made pursuant to a transaction involving interstate
commerce and shall be governed by the Federal Arbitration Act, and not by any state law
concerning arbitration. You and Yoga ID further agree that any determination regarding the
applicability, enforceability, or validity of this arbitration agreement will be made by the arbitrator,
not by any court.
By agreeing to this arbitration agreement, you are giving up your right to go to court, including, but
not limited to, your right to a jury trial.
In arbitration, a dispute is resolved by a neutral arbitrator or panel of arbitrators, rather than by a
judge or jury. Arbitration is more informal, however; an arbitrator can award the same relief that a
court can award. The arbitration will be administered by the American Arbitration Association
(“AAA”), and conducted under AAA’s Commercial Arbitration Rules and the Supplementary
Procedures for Consumer Related Disputes (collectively, the “AAA Rules”) then in effect at the time
of the dispute. You may obtain copies of the AAA Rules and forms and instructions for initiating
arbitration by visiting the AAA website at www.adr.org, or by calling AAA at (800) 788-7879. If for
any reason the AAA is unavailable, the parties shall mutually select another arbitration forum
Any arbitration shall be conducted only on an individual basis, and any claim shall not be arbitrated
as a class action, in a purported representative capacity, or brought as a private attorney general.
The arbitrator shall have no authority to: (1) consolidate more than one person’s claims against
Yoga ID; (2) preside over any kind of representative or class proceeding against Yoga ID; or (3)
award any kind of class-wide relief. You acknowledge that this class action waiver is material and
essential to the arbitration of any disputes between the parties and is non-severable from the
agreement to arbitrate claims. If any portion of this class action waiver is limited, voided, or cannot
be enforced, then the parties’ agreement to arbitrate shall be null and void.
You understand that by agreeing to this class action waiver, you may only bring claims against us
in an individual capacity and not as a plaintiff, class representative, or class member in any
purported class action or representative proceeding.
If you do not agree to this arbitration agreement and class action waiver, you must tell us in writing
and not use the Service.
3. General Registration Requirements
If you wish to become a Member, communicate with other Members and/or otherwise make use of
the Service, you must read this Agreement and indicate your acceptance during the Member
registration process. In consideration of your use of the Service, you represent that you are of legal
age to form a binding contract and are not a person barred from receiving services under the laws
of the United States or other applicable jurisdiction. You also agree to: (a) provide true, accurate,
current and complete information about yourself as prompted by the registration form available on
the Website (the “Registration Data”) and (b) maintain and promptly update your Registration Data
to keep it true, accurate, current and complete. If you provide any information that is untrue,
inaccurate, not current or incomplete, or we have reasonable grounds to suspect that such
information is untrue, inaccurate, not current or incomplete, Yoga ID reserves the right to suspend
or terminate your account and refuse any and all current or future use of the Service (or any
portion thereof) at any time. Yoga ID’s Materials (as defined in Section 14 of this Agreement) and
Yoga ID’s Content (as defined in Section 8 of this Agreement) on the Service (collectively, “Yoga ID
Content”) is provided to you “AS IS” for your information and personal use only and may not be
downloaded, copied, reproduced, distributed, transmitted, broadcast, displayed, sold, licensed, or
otherwise exploited for any other purposes whatsoever without the prior written consent of Yoga ID.
Other than rights expressly granted to you, Yoga ID reserves all rights in and to the Service and the
Yoga ID Content.
You may access Website and Content as available:
for your information and personal use;
as intended through the normal functionality of the Yoga ID Service;
and
for Streaming (“Streaming” or “Stream” means a contemporaneous digital transmission of an
audiovisual work via the Internet from the Yoga ID Service to a user’s device in such a manner that
the data is intended for real-time viewing and not intended to be copied, stored, permanently
downloaded, or redistributed by the user). Accessing videos via the Service for any purpose or in
any manner other than Streaming is expressly prohibited. When you Stream Yoga ID Content, the
resolution and quality of Yoga ID Content you receive will depend on a number of factors, including
the type of device you are using and your bandwidth, which may fluctuate during the course of your
viewing. While we strive to provide a quality viewing experience, we make no guarantee as to the
resolution or quality of the Streaming Yoga ID Content you will receive.
In order to be able to Stream or download Yoga ID Content from the Service and to view Yoga ID
Content on the Service, you will need to use a personal computer, portable media player, or other
device that meets the system and compatibility requirements that we establish from time to time
and is otherwise capable of interacting with the Service (each such device, a “Compatible Device”).
We may change the requirements for Compatible Devices from time to time and, in some cases,
whether a device is (or remains) a Compatible Device may depend on software or systems
provided or maintained by the device manufacturer or other third parties. As a result, devices that
are Compatible Devices at one time may cease to be Compatible Devices in the future.
4. Health Disclaimer
Physical exercise, in all of its forms and with or without the use of equipment such as blocks,
straps or any other equipment that may be suggested by a Yoga ID instructor, is a strenuous
physical activity. Accordingly, you are urged and advised to seek the advice of a physician before
beginning any physical exercise regimen, routine, program or using any suggested equipment,
shown in any of the video clips on the Service. Yoga ID is not a medical organization and its
instructors or staff cannot give you medical advice or diagnosis. All suggestions and comments
relating to the use of equipment, poses, moves and instruction are not required to be performed by
you and are carried out at your election while viewing Yoga ID videos. Nothing contained in the
Service should be construed as any form of such medical advice or diagnosis without the specific
advice of your healthcare provider.
By using the Service, you represent that you understand that physical exercise involves strenuous
physical movement, and that such activity carries the risk of injury whether physical or mental. You
understand that it is your responsibility to judge your physical and mental capabilities for such
activities. It is your responsibility to ensure that by participating in classes, courses, programs, and
activities from Yoga ID, you will not exceed your limits while performing such activity, and you will
select the appropriate level of activity for your skills and abilities, as well as for any mental or
physical conditions and/or limitations you have. You understand that, from time to time instructors
may suggest physical adjustments or the use of equipment and it is your sole responsibility to
determine if any such suggested adjustment or equipment is appropriate for your level of ability
and physical and mental condition. You expressly waive and release any claim that you may have
at any time for injury of any kind against Yoga ID, or any person or entity involved with Yoga ID,
including without limitation its directors, principals, instructors, independent contractors,
employees, agents, contractors, affiliates and representatives.
Healthcare providers, by using the Service, understand that they claim responsibility for diagnosis
and their patient’s care by the use of Yoga ID’s services as an instruction tool for their patients.
Yoga teachers, by using the Service, understand that they claim responsibility for their teaching’s
best practices by the use of Yoga ID’s services as an instruction tool for their patients.
5. Certification and Disclaimer of Affiliation with Accreditation Body
Yoga ID Content offered by Yoga ID are for information purposes only and do not make you eligible
for certification by any governing or accreditation body to teach yoga. Yoga ID is not a member of
any yoga-related governing or accreditation body and therefore cannot guarantee that the
curriculum meets the standards developed by such organizations. You agree not to hold yourself
out as a certified yoga instructor based on completing the courses, content or programs available
on the Service or use Yoga ID’s name as a certification or accreditation body for purposes of
teaching yoga. Further, you expressly waive and release Yoga ID and its directors, principals,
instructors, independent contractors, employees, agents, contractors, affiliates and representatives
of any claim arising from or in connection with teaching yoga or a violation of the terms as provided
herein.
6. Minors
Yoga ID’s content is not directed to persons under eighteen (18) years of age, and by providing
information about yourself to Yoga ID you are representing that you are eighteen (18) years of age
or older. You must be at least eighteen (18) years of age to become a Member and purchase
Services. By agreeing to this Agreement during the sign up process, you represent and certify that
you are legally able to enter into any and all purchase agreements with Yoga ID and its partners,
vendors, agents and service providers.
7. Member Account, Password and Security
If you register on the Service, you will be required to choose a password and user name, and you
may be asked for additional information regarding your account, such as your e-mail address. You
are responsible for maintaining the confidentiality of your password and account information, and
are fully responsible for all activities that occur under your password or account. You agree to (a)
immediately notify Yoga ID of any unauthorized use of your password or account or any other
breach of security, and (b) ensure that you log out from your account at the end of each session.
Each registration is for a single user only, unless otherwise expressly provided on the registration
page. You may never use another Member’s account without prior authorization from Yoga ID.
Yoga ID will not be liable for any loss or damage arising from your failure to comply with this
Agreement.
8. Prohibited Conduct
You agree not to use the Service to post or otherwise transmit information, data, text, software,
music, sound, photographs, graphics, video, messages, tags, or other materials (individually and
collectively, “Content”) that:
interferes with or disrupts the Service;
is contrary to the interests of Yoga ID;
may damage, lessen, or harm the goodwill or reputation of Yoga ID or its services;
is inaccurate, off-topic, irrelevant, or inappropriate for the purposes of the Service;
is patently offensive and/or promotes racism, bigotry, hatred or physical harm of any kind against
any group or individual;
harasses or advocates harassment of another person;
exploits people in a sexual or violent manner;
contains nudity, violence, pornography, sexually explicit material or offensive subject matter;
provides any telephone numbers, street addresses, last names or email addresses of anyone other
than your own;
promotes information that you know is false or misleading or promotes illegal activities or conduct
that is abusive, threatening, obscene, defamatory or libelous;
violates any intellectual property or other proprietary right of any third party, including Content that
promotes an illegal or unauthorized copy of another person’s copyrighted work, such as providing
pirated computer programs or links to them, providing information to circumvent manufacture-
installed copy-protect devices, or providing pirated music or links to pirated music files;
involves the transmission of “junk mail,” “chain letters,” or unsolicited mass mailing, instant
messaging, “spimming,” or “spamming”;
contains restricted or password only access pages or hidden pages or images (those not linked to
or from another accessible page);
furthers or promotes any criminal activity or enterprise or provides instructional information about
illegal activities including, but not limited to making or buying illegal weapons, violating someone’s
privacy, or providing or creating computer viruses;
solicits passwords or personal identifying information from other Members;
involves commercial activities and/or sales without Yoga ID’s prior written consent, such as
contests, sweepstakes, barter, advertising, and/or pyramid schemes;
includes a photograph of another person that you have posted without that person’s consent or
otherwise constitutes an invasion of an individual’s privacy or infringement of publicity rights;
denigrates, ridicules, or demeans another person; or
contains a virus or other harmful component.
Moreover, you may not (a) use any “deep link,” “page scrape,” “robot,” “spider,” or other automatic
device, program, script, algorithm, or methodology, or any similar or equivalent manual process, to
access, acquire, copy, or monitor any portion of the Service or in any way reproduce or circumvent
the navigational structure or presentation of the Service to obtain or attempt to obtain any
materials, documents, or information through any means not purposely made available through the
Service, (b) attempt to gain unauthorized access to any portion or feature of the Service or any
other systems or networks connected to the Service or to any Yoga ID server or to any of the
services offered on or through the Service, by hacking, password “mining,” or any other illegitimate
or prohibited means, (c) probe, scan, or test the vulnerability of the Service or any network
connected to the Service, nor breach the security or authentication measures on the Service or any
network connected to the Service, (d) reverse look-up, trace, or seek to trace any information on
any other user of or visitor to the Service, (e) take any action that imposes an unreasonable or
disproportionately large load on the infrastructure of the Service or Yoga ID's systems or networks
or any systems or networks connected to the Service, (f) use any device, software, or routine to
interfere with the proper working of the Service or any transaction conducted on the Service, or
with any other person's use of the Service, (g) forge headers, impersonate a person, or otherwise
manipulate identifiers in order to disguise your identity or the origin of any message or transmittal
you send to Yoga ID on or through the Service, or (h) use the Service in an unlawful manner.
9. Responsibility for Content
You, and not Yoga ID, are entirely responsible for all Content that you post, email, transmit or
otherwise make available via the Service. Yoga ID does not control the Content posted by third
parties via the Service and, as such, we do not guarantee the accuracy, integrity or quality of such
Content. You understand that by using the Service, you may be exposed to Content that you deem
offensive, indecent or objectionable. Under no circumstances will Yoga ID be liable in any way for
any Content, including, but not limited to, any errors or omissions in any Content, or any loss or
damage of any kind incurred at any time as a result of the use of any Content posted, emailed,
transmitted or otherwise made available via the Service.
10. Rejection/Removal of Content
You acknowledge that Yoga ID may or may not pre-screen Content posted on the Service, that
Yoga ID is not responsible for behavior or comments of teachers and/or students and/or music on
the Service, but that Yoga ID shall have the right (but not the obligation) in its sole discretion to pre-
screen, edit, refuse, or remove any Content or portion thereof that is available via the Service, for
any reason. Without limiting the foregoing, Yoga ID shall have the right to remove from the Service
any Content that violates this Agreement or is otherwise objectionable in the sole discretion of
Yoga ID.
If you become aware of misuse of the Service by any person, please contact Yoga ID.
11. Termination or Suspension of Account
If Yoga ID determines in its sole discretion that you are violating any of the terms of this
Agreement, Yoga ID may: (1) notify you, and (2) use technical measures to block or restrict your
access or use of the Service. In either case, you agree to immediately stop accessing or using in
any way (or attempting to access or use) the Service, and you agree not to circumvent, avoid, or
bypass such restrictions, or otherwise restore or attempt to restore such access or use. If Yoga ID
terminates your account or suspends or discontinues your access to the Service due to your
violations of this Agreement, then you will not be eligible for any credit, refund or discount or other
consideration.
12. Preservation/Disclosure
You acknowledge, consent and agree that Yoga ID may access, preserve and disclose your
account information or Content posted by you if required to do so by law or in a good faith belief
that such access, preservation or disclosure is reasonably necessary to: (a) comply with legal
process nationally or internationally; (b) enforce this Agreement; (c) respond to claims that any
Content violates the rights of third parties; (d) respond to your requests for customer service; (e)
protect the rights, property or personal safety of Yoga ID, its Members and the public; or (f)
pursuant to the terms of the Privacy Policy.
13. Security Components
You understand that the Service and software embodied therein may include security components
that permit digital materials to be protected, and that use of these materials is subject to usage
rules set by Yoga ID and/or content providers who provide content to Yoga ID. You may not attempt
to override, disable, circumvent or otherwise interfere with any such security components and
usage rules embedded into the Service.
14. Proprietary Rights
Materials on the Service, including, without limitation, names, logos, trademarks, images, text,
columns, graphics, videos, photographs, illustrations, artwork, software and other elements
(collectively, “Material”) are protected by copyrights, trademarks and/or other intellectual property
rights owned and controlled by Yoga ID or by third parties that have licensed or otherwise provided
their material to Yoga ID. You acknowledge and agree that all Materials on the Service are made
available to you for limited, non-commercial, personal use only. Except as specifically provided
herein or elsewhere on this Service, no Material may be copied, reproduced, republished, sold,
downloaded, posted, transmitted, or distributed in any way, or otherwise used for any purpose, by
any person or entity, without Yoga ID’s prior express written permission. You may not add, delete,
distort, or otherwise modify the Material. Any unauthorized attempt to modify any Material, to
defeat or circumvent any security features, or to utilize the Service or any part of the Material for
any purpose other than its intended purposes is strictly prohibited.
15. Non-commercial Use
The Service may not be used in connection with any commercial purposes, except as specifically
approved by Yoga ID. Unauthorized framing of or linking to any of the Service is prohibited.
Commercial advertisements, affiliate links, and other forms of solicitation may be removed from
Member profiles and Content without notice and may result in termination of membership
privileges.
16. License to Your Content
By posting, displaying, publishing, transmitting, or otherwise making available (individually and
collectively, “Posting”) any Content on or through the Service, you hereby grant to Yoga ID a non-
exclusive, fully-paid, royalty-free, perpetual, irrevocable, worldwide license (with the right to
sublicense through unlimited levels of sublicensees) to use, copy, modify, adapt, translate, create
derivative works, publish, publicly perform, publicly display, store, reproduce, transmit, distribute,
and otherwise make available such Content on and through the Service, in print, or in any other
format or media now known or hereafter invented, without prior notification, compensation, or
attribution to you, and without your consent. If you wish to remove any Content from the Service,
your ability to do so may depend on the type of Content, the location and manner of Posting, and
other factors. You may contact us to request the removal of certain Content you have Posted, but
Yoga ID has no obligation to remove any such Content, may choose whether or not to do so in its
sole discretion, and makes no guarantee as to the complete deletion of any such Content and
copies thereof. Notwithstanding the foregoing, a back-up or residual copy of any Content Posted
by you may remain on Yoga ID’s servers after the Content appears to have been removed from the
Service, and Yoga ID retains the rights to all such remaining copies. You represent and warrant
that: (a) you own all right, title and interest in all Content posted by you on or through the Service,
or otherwise have the right to grant the license set forth in this section, and (b) the Posting of your
Content on or through the Service does not violate the privacy rights, publicity rights, copyrights,
publishing, trademarks, patents, trade secrets, contract rights, confidentiality, or any other rights of
any third party.
17. Yoga ID and Third Parties
Our Service contains Yoga ID Content, and Content of third party licensors to Yoga ID (including
Content provided by users of the Service, as described above), which is protected by copyright,
trademark, patent, trade secret and other laws. Yoga ID owns and retains all rights, title and
interest in the Yoga ID Content. Yoga ID hereby grants to you a limited, revocable, non-
sublicensable license to Stream and/or view the Yoga ID Content and any third party Content
located on or available through the Service (excluding any software code therein as set forth
above) solely for your personal, non-commercial use in connection with viewing and using the
Service. Except for Content posted by you, you may not copy, modify, translate, publish, broadcast,
transmit, distribute, perform, display, make available, or sell any Content appearing on or through
the Service. Any dealings with third parties included within or on the Service involving the delivery
of and payment for goods and services, or any other terms, conditions, warranties, or
representations associated with such third parties, are solely between you and that third party.
Yoga ID is neither responsible nor liable for any part of such dealings or promotions. Any reference
to any third party or the products or services of any third party on the Service does not constitute
an endorsement or recommendation of such third party or the product or services of such third
party by Yoga ID or any of its employees, officers, independent contractors, agents or other
representatives. Any reference to any third party on the Service is provided to you for informational
purposes only. Yoga ID encourages you to conduct your own research and due diligence regarding
such third parties and their products and services. While Yoga ID works to ensure the information
on the Service is current and accurate, Yoga ID does not warrant the accuracy of any information
contained thereon (including information provided by instructors) or its fitness for any particular
purpose.
DMCA Takedown Notice Requests
If you believe that your work has been copied and is accessible on the Service in a way that
constitutes copyright infringement, you may notify us by providing the following information (as
required by the Online Copyright Infringement Liability Limitation Act of the Digital Millennium
Copyright Act, 17 U.S.C. sec. 512 (“DMCA”)):
A physical or electronic signature of the person authorized to act on behalf of the owner of an
exclusive right that is allegedly infringed;
Identification of the copyrighted work claimed to have been infringed, or if multiple copyrighted
works at a single online site are covered by a single notification, a representative list of such works
at that site;
Identification of the material that is claimed to be infringing or to be the subject of infringing activity
and that is to be removed or access to which is to be disabled, and information reasonably
sufficient to permit us to locate the material;
Information reasonably sufficient to permit us to contact the complaining party, such as an address,
telephone number, and if available, an electronic mail address at which the complaining party may
be contacted;
A statement that the complaining party has a good faith belief that use of the material in the
manner complained of is not authorized by the copyright owner, its agent, or the law;
and
A statement that the information in the notification is accurate, and under penalty of perjury, that
the complaining party is authorized to act on behalf of the owner of an exclusive right that is
allegedly infringed.
Please send the DMCA communication to the following name and address: Customer Support at
contact@yoga-id.com.
19. Other Sites
The Service may contain links to other sites owned by third parties (i.e. advertisers, affiliate
partners, strategic partners, or others). We are not responsible for examining or evaluating, and we
do not warrant the products or offerings of, any of these businesses or individuals, or the accuracy
of the content of their website. Yoga ID does not assume any responsibility or liability for the
actions, product, and content of any such website. Before you use any third party website, you
should review the applicable terms of use and policies for such website. The inclusion of a link in or
on the Service does not imply Yoga ID’s endorsement of such third party website. If you decide to
access any such linked website, you do so at your own risk.
20. International Use
Due to the global nature of the Internet, you agree to comply with all local rules regarding online
conduct and acceptable Content. Specifically, you agree to comply with all applicable laws
regarding the transmission of technical data exported from the United States or the country in
which you reside.
21. Privacy Policy
Yoga ID respects your privacy and permits you to control certain aspects of the treatment of your
personal information as set forth in Yoga ID’s Privacy Policy. A complete statement of the current
privacy policy can be found in Yoga ID’s Privacy Policy. The Privacy Policy is expressly
incorporated into this Agreement by this reference.
22. Infringement Policy
Yoga ID reserves the right in its sole discretion to immediately suspend and/or terminate access to
the Service by any user who is alleged to have infringed on the intellectual property rights of Yoga
ID or of a third party, or otherwise violated any intellectual property laws or regulations. Yoga ID’s
policy is to investigate any allegations of copyright infringement brought to its attention. If you have
evidence, know, or have a good faith belief that your rights or the rights of a third party have been
violated and you want Yoga ID to delete, edit, or disable the material in question, you must provide
Yoga ID with all of the following information: (a) a physical or electronic signature of a person
authorized to act on behalf of the owner of the exclusive right that is allegedly infringed; (b)
identification of the copyrighted work claimed to have been infringed, or, if multiple copyrighted
works are covered by a single notification, a representative list of such works; (c) identification of
the material that is claimed to be infringed or to be the subject of infringing activity and that is to be
removed or access to which is to be disabled, and information reasonably sufficient to permit Yoga
ID to locate the material; (d) information reasonably sufficient to permit Yoga ID to contact you,
such as an address, telephone number, and if available, an electronic mail address at which you
may be contacted; (e) a statement that you have a good faith belief that use of the material in the
manner complained of is not authorized by the copyright owner, its agent, or the law; and (f) a
statement that the information in the notification is accurate, and under penalty of perjury, that you
are authorized to act on behalf of the owner of an exclusive right that is allegedly infringed. For this
notification to be effective, you must provide it to Yoga ID by e-mail with a return receipt
acknowledgement.
23. Member Disputes
You are solely responsible for your interactions with other Members. Yoga ID reserves the right, but
has no obligation, to monitor or mediate disputes between you and other Members.
24. Modification/Suspension/Discontinuation of Content
We regularly make changes to the Service. The availability of the Content, as well as platforms and
compatible devices through which devices are available, will change from time to time. Yoga ID
reserves the right to replace or remove any Content and the platforms available to you through the
Service, including specific titles of Content, and to otherwise make changes in how we operate the
Service. Additionally, you agree that for various reasons, certain Content may be available through
one platform may not be available on another. We hope not to, but we may change, suspend or
discontinue – temporarily or permanently – some or all of the Service (including the Content and
compatible devices through with the Service is accessed, with respect to any or all users, at any
time without notice. In our continued assessment of the Service, we may from time to time, with
respect to any or all of our users, experiment with or otherwise offer certain features or other
elements of the Service, including promotional features, user interfaces, plans, pricing, and
advertisements. You acknowledge that Yoga ID may do so in Yoga ID’s sole discretion at any time
without notice.
25. Membership Subscription Fees and One-Time Fees for Online Courses
Yoga ID offers membership subscription-based access to its movement classes (“Classes”), as
well as one-time purchases of courses intended to instruct a person related to a specific area of
study or on a particular topic that can be viewed for a limited period of time (“Online Courses”).
Yoga ID reserves the right to cancel, interrupt, or reschedule any Yoga ID Content, Class, or Online
Course. Subject to your payment of any applicable fees (including applicable taxes) and your
compliance with all of the other terms Yoga ID specifies for the Service, Yoga ID grants you a non-
exclusive, non-transferable, limited right and license, so long as the Classes and/or Online
Courses are available on the Service, to access, view, use, and display Classes and/or Online
Courses for non-commercial, private use.
A. Online Courses.
Online Course Fees and Viewing Period. As part of the Online Courses, you will be able to view
the Online Course during the Viewing Period (as defined below). Once the Viewing Period has
ended, you will no longer have access to the Online Course. For purposes of this paragraph the
“Viewing Period” shall mean the period of time that is one (1) year from your payment of the rental
fee of the Online Course (“Online Course Fee”) or as specified within the description of the Online
Courses, whichever is later. The Online Course Fee is billed prior to commencing the course.
Members are not entitled to a partial refund in the event the Online Courses are not completed. If a
Member is terminated due to a violation of this Agreement, Yoga ID will not reimburse the Member
for the remainder of any Online Courses, nor will reimbursements be made for cancellations prior
the completion of any Online Courses.
Course Materials for Online Courses.As part of the Online Courses, instructors may provide course
materials that you may download from the Service (“Course Materials”). Such Course Materials
may only be used for your own personal, non-commercial use. You may not otherwise copy,
reproduce, retransmit, distribute, publish, commercially exploit or otherwise transfer any Course
Materials, nor may you modify or create derivative works related to such Course Materials.
B. Membership Subscription to Classes
Billing for Membership to Classes. Memberships, which provide you with access to Classes, are
billed on a periodic basis as specified at the time of purchase (e.g., monthly, quarterly, or yearly).
Memberships do not include access to Online Courses. Your subscription will continue in effect on
a recurring basis corresponding to the term of your subscription unless and until you cancel your
subscription or the account or the Service is otherwise suspended or discontinued pursuant to this
Agreement. If membership is cancelled or terminated before the end of the applicable billing cycle,
Yoga ID will not reimburse the Member for the remainder of that paid month. Members may cancel
their membership at any time. Membership must be canceled prior to the renewal date in order to
avoid additional membership charges. At times, special prepaid membership packages will be
available for purchase at varying lengths of time as specified at the time of purchase. Special
prepaid memberships will be recurring and will renew automatically on the expiry date.
Pricing for Membership Subscriptions. When you purchase a membership subscription, you will
initially be charged at the rate applicable at the time of your agreement to subscribe. If Yoga ID
later increases the price of the subscription, Yoga ID will notify you. The increase will apply to the
next payment due from you after the notice, provided that you have been given at least 10 days’
prior notice before the charge is made. If you are given less than 10 days’ prior notice, the price
increase will not apply until the payment after the next payment due.
Free Trial for Membership to Classes. We require that you provide a valid credit or debit card
(“Payment Source”) at the time you register for a free trial to ensure that you have continued
access to your membership after the expiration of the free trial period (“Free Trial”). Yoga ID will not
bill your account until the Free Trial has expired and provided that you have not cancelled your
account during the Free Trial period. You may only use a Free Trial once. Yoga ID reserves the
right to terminate any account that is using or trying to use more than one Free Trial. Because the
Yoga ID service is offered in multiple time zones, for consistency, a “day” for purposes of this
Agreement begins at 12:00am Pacific Time and ends at 11:59p., Pacific Time of that same
calendar day. It is very important to understand that you will not receive a notice from Yoga ID that
your Free Trial has ended and that payment for your subscription is due. If you wish to avoid
charges to your payment method, you must cancel your subscription prior to midnight Pacific Time
on the last day of your Free Trial period.
No Sharing of Membership Subscriptions. Members of Yoga ID may not share, give or sell their
password or username to any other person or entity. Excessive viewings or logins by any Member
will be construed by Yoga ID as fraudulent use of the Service, which will result in the immediate
cancellation of membership without refund. When becoming a Member you agree to take all
actions possible to protect your username and password from fraudulent use. Yoga ID reserves the
right to cancel any membership it believes has been compromised, or is being used fraudulently, at
its own discretion.
26. Term and Termination
This Agreement shall remain in full force and effect for so long as it is posted on the Website. You
may terminate your membership at any time, for any reason, by following the instructions on the
Website under Account Settings or by contacting Customer Support at contact@yoga-id.com. If
you cancel your membership before the end of the applicable billing cycle, your account will be
cancelled as of the following month. You will not receive a refund for the current billing period.
Yoga ID reserves the right to terminate your account or your access to the Service immediately,
with or without notice to you, and without liability to you, if Yoga ID believes that you have breached
any of the terms of this Agreement, furnished Yoga ID with false or misleading information, or
interfered with use of the Service by others.
When you close or de-activate your account or if your account is otherwise terminated, we have
the right, but not the obligation, to store your personal information, settings, saved and completed
classes, and teachers you have followed. Unless we have exercised our right to terminate your
account, you can re-activate your account at any time by contacting us.
27. Disclaimer of Warranties
You agree that your use of the Service shall be at your sole risk. The Service and the Material are
provided “AS IS” and without warranties of any kind, either express or implied. To the fullest extent
permitted by law, Yoga ID, its officers, directors, employees, and agents disclaim all warranties,
express or implied, in connection with the Service, and your use thereof. Yoga ID makes no
warranties or representations about the accuracy or completeness of Yoga ID Content or the
content of any sites linked to the Service and assumes no liability or responsibility or any (I) errors,
mistakes, or inaccuracies of content, (II) personal injury or property damage, of any nature
whatsoever, resulting from your access to and use of the Service, (III) any unauthorized access to
or use of Yoga ID secure servers and/or any and all personal information and/or financial
information stored therein, (IV) any interruption or cessation of transmission to or from the Service,
(V) any bugs, viruses, Trojan horses, or the like which may be transmitted to or through the Service
by any third party, and/or (VI) any errors or omissions in any content or for any loss or damage of
any kind incurred as a result of the use of any content posted, emailed, transmitted, or otherwise
made available via the Service.
Yoga ID does not warrant, endorse, guarantee, or assume responsibility for any product or service
advertised or offered by a third party through the Service or any hyperlinked website or featured in
any banner or other advertising, and Yoga ID will not be a party to or in any way be responsible for
monitoring any transaction between you and third-party providers of products or services. As with
the purchase of a product or service through any medium or in any environment, you should use
your best judgment and exercise caution where appropriate.
28. Limitation on Liability
In no event shall Yoga ID, its officers, directors, employees, or agents, be liable to you for any
direct, indirect, incidental, special, punitive, or consequential damages whatsoever resulting from
any (I) errors, mistakes, or inaccuracies of content, (II) personal injury or property damage, of any
nature whatsoever, resulting from your access to and use of the Service, (III) any unauthorized
access to or use of Yoga ID secure servers and/or any and all personal information and/or financial
information stored therein, (IV) any interruption or cessation of transmission to or from the Service,
(V) any bugs, viruses, Trojan horses, or the like, which may be transmitted to or through the
Service by any third party, and/or (VI) any errors or omissions in any content or for any loss or
damage of any kind incurred as a result of your use of any content posted, emailed, transmitted, or
otherwise made available via the Service, whether based on warranty, contract, tort, or any other
legal theory, and whether or not the Yoga ID is advised of the possibility of such damages. The
foregoing limitation of liability shall apply to the fullest extent permitted by law in the applicable
jurisdiction.
You specifically acknowledge that Yoga ID shall not be liable for Content posted by users or the
defamatory, offensive, or illegal conduct of any third party and that the risk of harm or damage from
the foregoing rests entirely with you.
Any reference to a person, entity, product, or service on the Service does not constitute an
endorsement or recommendation by Yoga ID or any of its employees. Yoga ID is not responsible
for any third party Content on the Service or third party web page accessed from the Service, nor
does Yoga ID warrant the accuracy of any information contained in a third party website or its
fitness for any particular purpose.
No communication of any kind between you and Yoga ID or a representative of Yoga ID shall
constitute a waiver of any limitations of liability hereunder or create any additional warranty not
expressly stated in the terms of use.
Yoga ID reserves the right to remove any material posted on the Service that it determines in its
sole discretion is violative of any law or right of any person, infringes the rights of any person, or is
otherwise inappropriate for posting on the Service.
29. Exclusions and Limitations
Those who access or use the Service from other jurisdictions do so at their own volition and are
responsible for compliance with local law. Some jurisdictions do not allow the exclusion of certain
warranties or the limitation or exclusion of liability for incidental or consequential damages.
Accordingly, in certain jurisdictions, some of the above limitations of liability may not apply to you;
all other provisions of this Agreement remain in full force and effect.
30. Indemnity
You agree to defend, indemnify and hold harmless Yoga ID, its subsidiaries, affiliates,
subcontractors, officers, directors, employees, consultants, representatives and agents, from and
against any and all claims, damages, obligations, losses, liabilities, costs or debt, and expenses
(including but not limited to attorneys’ fees and costs) arising from: (i) your use of and access to
the Service; (ii) your violation of any term of this Agreement; (iii) your violation of any third party
right, including without limitation any copyright, property, or privacy right; or (iv) any claim that one
of your submissions of Content caused damage to a third party. This defense and indemnification
obligation will survive this Agreement and your use of the Service.
31. Additional Terms
We may also require you to follow additional rules, guidelines or other conditions in order to
participate in certain promotions or activities available through the Service, to obtain certain
premium Content through the Service, or for other reasons. These additional terms are part of this
Agreement, and you agree to comply with them when you participate in those promotions, or
otherwise engage in activities governed by such additional terms.
32. Modification and Discontinuation
We reserve the right at any time to modify, edit, delete, suspend or discontinue, temporarily or
permanently the Service (or any portion thereof) with or without notice. You agree that we will not
be liable to you or to any third party for any such modification, editing, deletion, suspension or
discontinuance of the Service.
33. Assignment
This Agreement and any rights and licenses granted hereunder, may not be transferred or
assigned by you, but may be assigned by Yoga ID without restriction.
34. Integration Clause
This Agreement together with the Privacy Policy and any other legal notices published by Yoga ID
on the Service, shall constitute the entire agreement between you and Yoga ID concerning the
Service and governs your use of the Service, superseding any prior agreements between you and
Yoga ID with respect to the Service.
35. Waiver and Severability of Terms
The failure of Yoga ID to exercise or enforce any right or provision of this Agreement shall not
constitute a waiver of such right or provision. If any provision of this Agreement is found by a court
of competent jurisdiction to be invalid, the parties nevertheless agree that the court should
endeavor to give effect to the parties’ intentions as reflected in the provision, and the other
provisions of this Agreement remain in full force and effect.
36. Statute of Limitations
You agree that regardless of any statute or law to the contrary, any claim or cause of action arising
out of or related to use of the Service or this Agreement must be filed within one (1) year after such
claim or cause of action arose or be forever barred.
37. Governing Law and Venue
This Agreement shall be governed by the laws of the State of California, without respect to its
conflict of laws principles. Any claim or dispute between you and Yoga ID that arises in whole or in
part from the Service shall be decided exclusively by a court of competent jurisdiction located in
Los Angeles County, California.
You agree that: (a) the Service shall be deemed solely based in California; and (b) the Service
shall be deemed a passive website or service that does not give rise to personal jurisdiction over
Yoga ID, either specific or general, in jurisdictions other than California.
38. Ability to Accept Terms of Service
You affirm that you are at least eighteen (18) years of age, and are fully able and competent to
enter into this Agreement, conditions, obligations, affirmations, representations, and warranties set
forth in this Agreement, and to abide by and comply with this Agreement.
39. General
Yoga ID reserves the right to amend this Agreement at any time and without notice, and it is your
responsibility to review this Agreement for any changes. Your use of the Service following any
amendment of this Agreement will signify your assent to and acceptance of its revised terms.
40. Questions
If you have any questions or comments regarding this Agreement or the Service, feel free to
contact us by e-mail.