1. AGREEMENT TO TERMS AND CONDITIONS. These Terms and Conditions (“Terms”) apply to all services, products and website offered by Yoga Med Script, Inc. (“YMSI”), including, but not limited to, (1) its website www.yogamedscript.com and any of its applications and/or links upon which it provides content that may include, but is not limited to, yoga and yoga-related services and products and other wellness-related materials; (2) any YMSI software; and (3) any applications created by YMSI (collectively, the “Services“). By visiting the Website and/or use of the Services or any other service provided in connection with the Website, you the user/visitor/participant (“you” or “your”), agree and understand to be bound by these Terms, as may be amended by YMSI from time to time in its sole discretion. It is your responsibility to review these Terms periodically, and if at any time you find these Terms unacceptable, do not use the Services or the Website. YOU AGREE THAT BY USING THE WEBSITE AND/OR SERVICES YOU REPRESENT THAT YOU ARE AT LEAST 18 YEARS OLD AND THAT YOU ARE LEGALLY ABLE TO ENTER INTO THIS AGREEMENT.
THESE TERMS INCLUDE AN AGREEMENT TO MANDATORY ARBITRATION, WHICH MEANS THAT YOU AGREE TO SUBMIT ANY DISPUTE RELATED TO THE WEBSITE OR THE SERVICES TO BINDING INDIVIDUAL ARBITRATION RATHER THAN PROCEEDING IN COURT. THESE TERMS ALSO INCLUDE A CLASS ACTION WAIVER, WHICH MEANS THAT YOU AGREE TO PROCEED WITH ANY DISPUTE INDIVIDUALLY AND NOT AS PART OF A CLASS ACTION. THESE TERMS AND CONDITIONS ALSO INCLUDE A JURY WAIVER.
MORE INFORMATION ABOUT THE ARBITRATION, CLASS ACTION WAIVER, AND JURY WAIVER CAN BE FOUND IN THE ARBITRATION AGREEMENT, CLASS ACTION WAIVER, AND JURY WAIVER SECTION BELOW.
2. UPDATES/REVISIONS/MODIFICATIONS. These terms may be modified from time to time, and, to the greatest extent permitted by law, such modifications shall be effective upon posting to the Website. By accessing and/or using the Website or the Services after any such modification is posted, you are agreeing to be bound by such modifications. As noted above, you also acknowledge and agree that it is your responsibility to monitor the Website for the posting of modifications and to review such modifications on a regular basis. Any new features, services, products and/or software that change the current Website and/or Services will be subject to these Terms, as may be modified.
3. INTELLECTUAL PROPERTY. YMSI owns all right, title, and interest, including all intellectual property rights, in and to the Website and the Services, including but not limited to, content on the Website, designs, logos, taglines, brands and trade dress (collectively, the “Intellection Property”). Any use of the Intellection Property appearing on the Website or otherwise associated with the Services without the prior written consent of YMSI is strictly prohibited.
4. License of User Content. By posting, displaying, publishing, transmitting, or otherwise making available any content on or through the Services, including comments or other information transmitted via the “Contact” page or otherwise by email to YMSI, you hereby grant to YMSI 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 Website and/or via the Services, in any format or media now known or hereafter invented, without prior notification, compensation, or attribution to you, and without your further consent. If you wish to remove any content from the Services, your ability to do so may depend on the type of content and shall be in the sole discretion of YMSI. In the event that any such content is deleted, a back-up or residual copy may remain in or on YMSI’s Website or servers after such content appears to have been removed from the Website, and YMSI shall retain the rights to all such remaining copies. You represent and warrant that: (1) you own all rights, title and interest in any content posted by you on or through the Website or the Services , or otherwise have the right to grant the license set forth in this section, and (2) the posting, displaying or otherwise publishing of your content on or through the Website and/or the Services 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. You agree not to upload, download, display, perform, transmit, or otherwise distribute any information or content in violation of any third party’s copyrights, trademarks, or other intellectual property or proprietary rights. You agree to abide by laws regarding copyright ownership and use of intellectual property, and you shall be solely responsible for any violations of any relevant laws and for any infringements of third party rights caused by any content you provide or transmit, or that is provided or transmitted using your email address. The burden of proving that any content does not violate any laws or third-party rights rests solely with you.
5. LIMITATION OF LIABILITY. To the fullest extent permitted by law, YMSI, its officers, directors, employees, agents and affiliates shall in no event be liable to you for any indirect, direct, consequential, special, punitive, or incidental damages (collectively, “Damages”), including lost profits, whatsoever arising out of or in connection with the use of the Website or Services or any other materials or products provided by YMSI. These Damages shall include but not be limited to damages caused by (1) errors, mistakes, or inaccuracies of content, (2) personal injury or property damage, of any nature whatsoever, resulting from your access to and use of the Website and/or Services, (3) any unauthorized access to or use of any and all personal information and/or financial information shared by you, (4) any interruption or cessation of transmission to or from the Services, (5) any bugs, viruses, or the like, which may be transmitted to or through the Website by any third party, and/or (6) 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 Website, regardless of whether YMSI advised of the possibility of such damages.
6. INDEMINITY. You shall indemnify, defend and hold YMSI, and its officers, directors, employees, agents and affiliates, harmless from and against any claim or demand, including reasonable attorneys’ fees, made by any third party due to or arising out of: (1) materials/content you submit, post, transmit or make available through the Website; (2) your use of the Website; (3) your connection to the Website; (4) your violation of these Terms; or (5) your violation of any rights of another.
7. NO WARRANTIES. YMSI HEREBY DISCLAIMS ALL WARRANTIES AND IS MAKING THE WEBSITE AVAILABLE “AS IS” WITHOUT WARRANTY OF ANY KIND. YOU ASSUME THE RISK OF ANY AND ALL DAMAGE OR LOSS FROM USE OF, OR INABILITY TO USE, THE WEBSITE OR THE SERVICES. TO THE MAXIMUM EXTENT PERMITTED BY LAW, YMSI EXPRESSLY DISCLAIMS ANY AND ALL WARRANTIES, EXPRESS OR IMPLIED, REGARDING THE WEBSITE, INCLUDING, BUT NOT LIMITED TO, ANY IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, OR NON-INFRINGEMENT. YMSI DOES NOT WARRANT THAT THE WEBSITE OR THE SERVICES WILL MEET YOUR REQUIREMENTS OR THAT THE OPERATION OF THE WEBSITE WILL BE UNINTERRUPTED OR ERROR-FREE.
8. THIRD PARTY LINKS/WEBSITES. YMSI website may contain links to third-party websites owned and operated by third parties. YMSI is not responsible for monitoring third-party websites and inclusion of any such links does not imply that YMSI has evaluated or is endorsing such website. YMSI does not warrant the products, offerings, security, or accuracy of any such website and its content. By way of visiting third-party links through YMSI website, you visit at your own risk and discretion as YMSI is not responsible for third-party content, security, accuracy, language, or all third-party website operations and/or materials. It is your responsibility to read and understand third-party website policies and terms if applicable.
9. USER REPRESENTATION PROVISIONS & SUBMISSIONS. You represent and warrant that you will not use the Website or the Services for any purpose that is unlawful or prohibited by these Terms. Any unauthorized use of the content of this Website may subject you to civil or criminal penalties. You are prohibited from, among other things, (1) violating any applicable laws and/or these Terms; (2) accessing content or data not intended for you; (3) attempting to impersonate another user; (4) submitting false personal information; (5) accessing the YMSI website utilizing a “robot”, “spider” or other automatic device, program, script, algorithm, methodology, or any similar or equivalent manual process for any reason, including but not limited to, to access, acquire, copy, or monitor any portion of the Website or Services or in any way reproduce or circumvent the security of the Website or to obtain or attempt to obtain any materials, documents, or information through any means not purposely made available through the Website; (6) harassing, threatening, annoying or intimidating others users, any YMSI personnel or third parties; (7) uploading or transmitting material that disrupts or impairs Website function; (8) compromising Website security or the security of others; (9) displaying/posting/transmitting lewd conduct/image(s); and (10) using inappropriate language and/or gestures.
10. Children Privacy Protection Policy. The Website and the Services are not intended for or directed to users under the age of 18, and we do not knowingly or intentionally collect personally identifiable information from children under the age of 13 or other minors. Where appropriate, we will take reasonable measures to determine that our users are adults of legal age and to inform minors not to submit such information to the Website or the Services. If you are concerned that personal information may have been inadvertently provided to or collected by YMSI, please contact us immediately at email@example.com so that YMSI may take appropriate steps to remove such information from the YMSI database.
11. HEALTH DISCLAIMER. Before participating in any exercise or fitness and/or any services otherwise made accessible on or through the Website and/or the Services, we strongly recommend that you consult with a physician or other healthcare provider. YMSI and its content providers are not licensed medical care providers, are not rendering personal medical advice or treatment, and have no expertise in advising on, diagnosing, examining, or treating medical conditions of any kind, or in determining the effect of any specific exercise or activity on a medical condition or any specific person. Neither the Website nor the Services are intended to be a substitute for professional medical advice, diagnosis, or treatment. You acknowledge and agree that when participating in any exercise or exercise program, and/or when using any fitness products or services, there is the possibility of physical injury and/or death, and you assume the risk and responsibility for any such results. You understand that, from time to time, YMSI or its instructors, whether employees or third party contractors, may suggest physical adjustments, poses, exercises or other activities and it is your sole responsibility to determine if any of the preceding activities is appropriate for your level of ability and physical and mental condition. You expressly waive and release any claims that you may have at any time for injury of any kind against YMSI, or any person or entity involved with YMSI, including without limitation its directors, principals, instructors, independent contractors, employees, agents, contractors, affiliates and representatives.
12. TERMINATION OF USAGE. YMSI may terminate your right to use this Website, with or without cause and with or without notice to you, at any time in its sole discretion, including, without limitation, upon your violation of these Terms. In the event of termination, all representations, warranties, indemnifications, and promises made by you shall survive.
14. APPLICABLE LAW. The Website is created and controlled by YMSI in the State of Florida. You agree that any claim arising from or relating to this Website, the services provided through this Website or these Terms shall be governed by the substantive laws of the State of Florida, without giving effect to any principles of conflicts of law. This Website has been designed to comply with United States law. You are responsible for complying with all applicable local laws if you access this Website from locations outside the United States. If, for any reason, a dispute that in any way relates to these Terms, the Website, the Services or the relationship between you and YMSI occurs in court, you agree that the only proper forum shall be in Palm Beach County, FL.
15. ARBITRATION AGREEMENT, CLASS ACTION WAIVER, AND JURY WAIVER. Mandatory Binding Arbitration. The parties to these Terms agree that final and binding arbitration on an individual basis shall be the sole and exclusive forum and remedy for any and all disputes and claims that cannot be resolved informally and that relate in any way to or arise out of the Website, the Services or these Terms. The parties hereto acknowledge and agree that the Federal Arbitration Act and federal arbitration law apply to arbitrations under these Terms (despite any other choice of law provision). Arbitration under these Terms and Conditions shall be conducted by the American Arbitration Association (the “AAA”). The AAA rules are available at https://www.adr.org.
Class Action Waiver. TO THE FULLEST EXTENT PERMITTED BY APPLICABLE LAW, ARBITRATION SHALL PROCEED SOLELY ON AN INDIVIDUAL BASIS WITHOUT THE RIGHT FOR ANY DISPUTES TO BE ARBITRATED ON A CLASS ACTION BASIS OR ON BASES INVOLVING CLAIMS BROUGHT IN A PURPORTED REPRESENTATIVE CAPACITY ON BEHALF OF OTHERS. Disputes may not be joined or consolidated unless agreed to in writing by all parties. No arbitration award or decision will have any preclusive effect as to issues or claims in any dispute with anyone who is not a named party to the arbitration. If this CLASS ACTION WAIVER is deemed unenforceable, then any putative class action may only proceed in a court of competent jurisdiction WITHOUT A JURY and not in arbitration.
Waiver of Trial by Jury. By agreeing to arbitration, the parties understand and agree that they are waiving their rights to maintain other available resolution processes, such as a court action or administrative proceeding, to settle their disputes. THE PARTIES FURTHER AGREE THAT, WHETHER A CLAIM WILL BE RESOLVED IN ARBITRATION OR IN COURT, THE PARTIES WAIVE ANY RIGHT TO A JURY TRIAL INVOLVING ANY CLAIMS OR DISPUTES.
16. WAIVER AND SEVERABILITY. The failure of YMSI to exercise or enforce any right or provision of these Terms shall not constitute a waiver of such right or provision. If any provision of these Terms 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.
17. DIGITAL MILLENNIUM COPYRIGHT ACT (“DMCA”) NOTICE. Materials may be made available via the Website by third parties not within YMSI’s control. YMSI is under no obligation to scan content posted on the Website for the inclusion of illegal or impermissible content. However, YMSI will receive and evaluate notices of copyright infringement and take appropriate actions under the Digital Millennium Copyright Act, Title 17, United States Code, Section 512(c)(2) (“DMCA”). Written notices of claimed copyright infringement must be in strict compliance with all terms and conditions of the DMCA and must be submitted according to the procedures set forth in the DMCA to firstname.lastname@example.org.
18. Binding on Successors. These Terms shall be binding on and inure to the benefit of your heirs, executors, administrators, licensees, successors and/or assigns. For avoidance of doubt, you acknowledge and agree that YMSI is fully authorized to assign, sublicense and/or otherwise convey and transfer these Terms and/or any of its rights under this Agreement at any time, in its sole and absolute discretion, and without compensation of any kind to you.