Terms and Conditions

Welcome to YogaUOnline.com, Online Classes. YogaUOnline.com (the
“Site”) is provided by Auriga Group, LLC (“We”, “Us” or
“YogaUOnline.com”). Before you get started, it’s important for you to
understand your responsibilities as either an Instructor or a Student —
and for you to understand that you are entering into an agreement with
YogaUOnline.com which is designed to protect YogaUOnline.com and outline
the relationship among Instructors, Students and YogaUOnline.com.

THIS IS A BINDING CONTRACT, PLEASE READ IT CAREFULLY. Upon completion
of the registration process you affirmatively agree to be bound by
these Terms and Conditions (“Terms”), but you also are deemed to have
accepted them (and any changes that have been published on this page) by
accessing or using the Site (the “Service”). It is your responsibility
to check this page from time to time to review any changes to these
Terms.  If you are not prepared to agree to all these Terms (including
changes published on this page, then you must cease accessing the
Service and must delete any materials that you have downloaded or copied
from the Site or through the Service.

Outline of Terms. These Terms are divided into
separate sections to make them easier to read, but every section applies
to every user, regardless of what the heading says.

  1. Description of Service

    The Service includes 1) a platform for the purchase and use of
    digital content, which allows end-users to a) purchase a subscription
    and stream pre-recorded audio and video content over the Internet for
    personal use,  or b) purchase online courses for permanent access
    through the Teacher Ed or Wellness course section for personal use, (2)
    YogaUOnline.com instructor profiles and class schedules, and (3)
    YogaUOnline.com reporting marketing and administrative tools (for
    Instructors). YogaUOnline.com will collect payments charged by
    Instructors and will disburse funds in accordance with the terms agreed
    with Instructors.

  2. YogaUOnline.com Accounts

    Students must create a YogaUOnline.com Account in order to access the Service. You may only create a YogaUOnline.com Account if:

    1. You are at least 13 years old, and if you are less than 18 years old, you have the permission of your parent or guardian;
    2. You provide your legal full name, valid email address, zip code, and any other information requested during the signup process.

    It’s up to you to protect the security of your account and your
    password. YogaUOnline.com will not be liable for your losses caused by
    any unauthorized use of your account, but you may be liable for the
    losses of YogaUOnline.com or others due to such unauthorized use.

    When you set up a YogaUOnline.com Account, you will be given the
    opportunity to set a variety of features, including the price an
    Instructor charges for a class, and discounts for multiple purchases, as
    well as banking or credit card information and certain
    communication/privacy preferences. Please see our Privacy Policy for further discussion of such information.

  3. Obligations Of Instructors and Students:

    1. All Users. All users agree that they may not:
      1. use their account to breach security of another account or
        attempt to gain unauthorized access to another network or server, and
        that not all areas of the site may be available to them or other
        authorized users of the site.
      2. interfere with anyone else’s use and enjoyment of the site or other similar services.
      3. download any Content unless you see a “download” or similar link displayed by YogaUOnline.com on the Service for that Content.
      4. copy, reproduce, distribute, transmit, broadcast, display, sell,
        license, or otherwise exploit any Content for any other purposes or
        circumvent, disable or otherwise interfere with security-related
        features of the Service or features that prevent or restrict use or
        copying of any Content or enforce limitations on use of the Service or
        the Content therein, without the prior written consent of
        YogaUOnline.com or the respective licensors of the Content.
      5. Users who violate systems or network security may incur criminal or civil liability.

      All Users acknowledge that through their use of the site, they may
      have the opportunities to engage in commercial transactions with other
      users and vendors. Each User acknowledges that all transactions relating
      to any merchandise or services offered by any party, including, but not
      limited to the purchase terms, payment terms, warranties, guarantees,
      maintenance and delivery terms relating to such transactions, are agreed
      to solely between the seller or purchaser of such merchandize and
      services and you. WE MAKE NO WARRANTY REGARDING ANY TRANSACTIONS
      EXECUTED THROUGH, OR IN CONNECTION WITH THIS SITE, AND YOU UNDERSTAND
      AND AGREE THAT SUCH TRANSACTIONS ARE CONDUCTED ENTIRELY AT YOUR OWN
      RISK. ANY WARRANTY THAT IS PROVIDED IN CONNECTION WITH ANY PRODUCTS,
      SERVICES, MATERIALS, OR INFORMATION AVAILABLE ON OR THROUGH THIS SITE
      FROM A THIRD PARTY IS PROVIDED SOLELY BY SUCH THIRD PARTY, AND NOT BY US
      OR ANY OTHER OF OUR AFFILIATES.

    2. Students.

      You should be aware that we do not endorse or assume any liability
      for any Content uploaded, streamed or displayed by or on behalf of
      Instructors or other Students.  We generally do not pre-screen, monitor,
      or edit the content posted by users of communications services, chat
      rooms, message boards, newsgroups, software libraries, or other
      interactive services that may be available on or through this site.

      YogaUOnline.com has no responsibility to you for any injuries or
      damages that you suffer in connection with the use of the Service, and
      you specifically release us from any claims you may have and agree to
      indemnify us if we suffer a loss in connection with your use of the
      Service. Our only responsibility is a limited obligation to pay refunds
      in certain specific situations. You must take precautions to protect
      yourself.

      1. Payments and Fees

        1. A valid credit card or PayPal account is required for courses.
        2. A full payment in accordance with payment guidelines is required to register for a class on YogaUOnline.com.

      2. Classes, Modifications, and Amendments

        1. You agree to accept all of the terms and conditions including
          the cancellation policy listed in the Service when you agree to book and
          pay for a Service on YogaUOnline.com.
        2. The Courses offered on YogaUOnline.com are offered directly by
          the Instructor. YogaUOnline.com is not responsible or liable for any
          information on its Service listings or profiles.
        3. YogaUOnline.com reserves the right to cancel or change any booked Service at any time, for any reason.
        4. YogaUOnline.com reserves the right at any time to modify or
          discontinue, temporarily or permanently, the Service with or without
          notice.

      3. Refund Policy

        When a student signs-up for a course, YogaUOnline.com charges
        their credit card or PayPal account at the time of sign-up to hold their
        spot for the course. Students may request a refund within the refund
        request time period in accordance with our Refund Policy.

      4. Membership of Yoga Practice Channel. In addition, the following applies to membership subscription for YogaUOnline’s Yoga Video Practice Channel: 
        • Free Trial. 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”).
          YOGAUONLINE 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. The Free Trial will automatically convert to a paid
          monthly subscription unless YOGAUONLINE is notified of cancellation. You
          may only use a Free Trial once. YOGAUONLINE reserves the right to
          terminate any account that is using or trying to use more than one Free
          Trial.
        • Billing. Memberships are billed monthly. All
          memberships are renewed automatically until cancelled. Members may
          cancel their membership at any time. Membership must be canceled prior
          to the renewal date in order to end membership charges. At times,
          special prepaid membership packages will be available for purchase.
          Special prepaid memberships will be recurring and will renew
          automatically on the expiry date. Membership must be canceled prior to
          the renewal date in order to end membership charges.
        • Pricing. When you purchase a membership
          subscription, you will initially be charged at the rate applicable at
          the time of your agreement to subscribe. If YOGAUONLINE later increases
          the price of the subscription, YOGAUONLINE 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.
        • No Sharing. Members of YOGAUONLINE 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
          YOGAUONLINE as fraudulent use of the Website, 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.
        • Fraudulent Use. YOGAUONLINE reserves the right
          to cancel any membership it believes has been compromised, or is being
          used fraudulently, at its own discretion.

      5. Health and Medical Concerns. Some of the Site
        Content includes information and instruction relating to exercise and
        fitness, and some of the products and services available through the
        Websites and the Services relate to exercise and fitness. You
        acknowledge and agree that the following warnings and disclaimers shall
        apply to all such information, instruction, products and services.

        Before participating in any exercise program or using any fitness
        products or services that may be described and/or made accessible in or
        through the Website and/or the Services, we strongly recommend that you
        consult with a physician or other healthcare provider. YogaUOnline, its
        staff and the 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 on a medical condition.

        The Website and the Services are not 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 should never disregard medical advice or delay seeking it
        because of a statement you have read on the Websites and/or the
        Services. The Websites and the Services should not be used in lieu of
        advice given by qualified medical professionals such as your doctor or
        registered dietitian. It is important that the Websites and the Services
        are used only in conjunction with qualified medical guidance. If you
        know or suspect that you may be pregnant, have an eating disorder, have
        diabetes, or have any other physical or medical condition, it is
        imperative that you seek the advice of your doctor prior to using the
        Websites and/or the Services.

        You must always consult your doctor before beginning an exercise
        or dietary program. Keep the following checklist in mind when developing
        your program in conjunction with your health care provider, but also
        bear in mind that the checklist is not exhaustive and does not take the
        place of a consultation with your healthcare provider.

        • After exercise do you frequently experience chest pains?
        • Do you get dizzy when you exercise?
        • Are you breathless after exercising?
        • Do you take medication for high blood pressure?
        • Do you have joint problems?
        • Do you have a medical condition, which might need special attention when exercising, for example diabetes?
        • Have you been physically active in the past?
        • Do you have a heart condition that requires supervised physical activity?

        If you experience any discomfort or pain during an exercise
        routine you must immediately cease the activity and seek the assistance
        of a physician.

        6. Other Important Points.

        You should also be aware of the following:

        1. When using the Service, you may be exposed to Content from a
          variety of sources, and that YogaUOnline.com is not responsible for the
          accuracy, usefulness, safety, or intellectual property rights of or
          relating to such Content. You further understand and acknowledge that
          you may be exposed to Content that is inaccurate, offensive, indecent,
          or objectionable, and you agree to waive, and hereby do waive, any legal
          or equitable rights or remedies you have or may have against
          YogaUOnline.com with respect thereto, and, to the extent permitted by
          applicable law, agree to indemnify and hold harmless YogaUOnline.com,
          its owners, operators, affiliates, licensors, and licensees to the
          fullest extent allowed by law regarding all matters related to your use
          of the Service.
        2. Content available through the Service often represents the
          opinions and judgments of an information provider, site user, or other
          person or entity not connected with us. We do not endorse, nor are we
          responsible for the accuracy or reliability of, any opinion, advice, or
          statement made by anyone other than an authorized YogaUOnline.com
          spokesperson speaking in his/her official capacity.
        3. The Content available through the Service belongs to either
          YogaUOnline.com or one or more Instructors, and it is a violation of
          their intellectual property rights for you to record the audio or video
          available through the Service. You hereby agree that you will not make
          any such recordings, or otherwise copy, redistribute, publish or exploit
          material from the Service, except as expressly permitted herein,
          without the express prior written permission of YogaUOnline.com and the
          relevant Instructor.

        4. The Website may contain third-party advertising and/or links to
          other sites owned by third parties (i.e. advertisers, affiliate
          partners, strategic partners, or others). However, the inclusion of a
          link in any of our Websites does not imply YogaUOnline’s investigation,
          evaluation and/or endorsement of such third party website. We are not
          responsible for examining or evaluating, and we do not warrant the
          products or offerings of, any of these businesses, entities or
          individuals, or the accuracy of the content of their advertising or
          websites. YogaUOnline does not assume any responsibility or liability
          for the actions, products, services, and/or content of any such
          websites. Before you purchase goods or services from a third party
          and/or use any third-party website, you should review the applicable
          terms of use and privacy policies for such websites. If you decide to
          access any such linked websites, you do so at your own risk.

           

  4. Rights of YogaUOnline.com/Limitation of Liability

    1. Right to Remove or Refuse Content

      YogaUOnline.com and its agents have the right at their sole
      discretion to remove or refuse any content that, in our judgment, does
      not comply with these Terms of Use and any other rules of user conduct
      for our site, or is otherwise harmful, objectionable, or inaccurate. We
      are not responsible for any failure or delay in removing such content.
      All Students and Instructors hereby consent to such removal and waive
      any claim against us arising out of such removal of content.

      You agree that we may at any time, and at our sole discretion,
      terminate your membership, account, or other affiliation with our site
      without prior notice to you for violating any of the above provisions.
      In addition, you acknowledge that we will cooperate fully with
      investigations of violations of systems or network security at other
      sites, including cooperating with law enforcement authorities in
      investigating suspected criminal violations.

    2. YogaUOnline.com Makes No Representations or Warranties.

      Content is provided to you AS IS. You may access Content for your
      information and personal use solely as intended through the provided
      functionality of the Service and as permitted under these Terms of
      Service. YogaUOnline.com and its licensors reserve all rights not
      expressly granted in and to the Service and the Content.

      ALL MATERIALS AND SERVICES ON THIS SITE ARE PROVIDED ON AN “AS IS”
      AND “AS AVAILABLE” BASIS WITHOUT WARRANTY OF ANY KIND, EITHER EXPRESS OR
      IMPLIED, INCLUDING, BUT NOT LIMITED TO, THE IMPLIED WARRANTIES OF
      MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE, OR THE WARRANTY OF
      NON-INFRINGEMENT. IN ADDITION, WE ASSUME NO RESPONSIBILITY FOR THE
      TIMELINESS, DELETION, MIS-DELIVERY OR FAILURE TO STORE ANY USER
      COMMUNICATIONS OR PERSONALIZATION SETTINGS. WITHOUT LIMITING THE
      FOREGOING, WE MAKE NO WARRANTY THAT (A) THE SERVICES AND MATERIALS WILL
      MEET YOUR REQUIREMENTS, (B) THE SERVICES AND MATERIALS WILL BE
      UNINTERRUPTED, TIMELY, SECURE, OR ERROR-FREE, (C) THE RESULTS THAT MAY
      BE OBTAINED FROM THE USE OF THE SERVICES OR MATERIALS WILL BE EFFECTIVE,
      ACCURATE OR RELIABLE, OR (D) THE QUALITY OF ANY PRODUCTS, SERVICES, OR
      INFORMATION PURCHASED OR OBTAINED BY YOU FROM THE SITE FROM US OR OUR
      AFFILIATES WILL MEET YOUR EXPECTATIONS OR BE FREE FROM MISTAKES, ERRORS
      OR DEFECTS.

      THIS SITE COULD INCLUDE TECHNICAL OR OTHER MISTAKES, INACCURACIES
      OR TYPOGRAPHICAL ERRORS. WE MAY MAKE CHANGES TO THE MATERIALS AND
      SERVICES AT THIS SITE, INCLUDING THE PRICES AND DESCRIPTIONS OF ANY
      PRODUCTS LISTED HEREIN, AT ANY TIME WITHOUT NOTICE. THE MATERIALS OR
      SERVICES AT THIS SITE MAY BE OUT OF DATE, AND WE MAKE NO COMMITMENT TO
      UPDATE SUCH MATERIALS OR SERVICES.

      THE USE OF THE SERVICES OR THE DOWNLOADING OR OTHER ACQUISITION OF
      ANY MATERIALS THROUGH THIS SITE IS DONE AT YOUR OWN DISCRETION AND RISK
      AND WITH YOUR AGREEMENT THAT YOU WILL BE SOLELY RESPONSIBLE FOR ANY
      DAMAGE TO YOUR COMPUTER SYSTEM OR LOSS OF DATA THAT RESULTS FROM SUCH
      ACTIVITIES.

      You understand and agree that temporary interruptions of the
      Services may occur as normal events.  You further understand and agree
      that we have no control over third party networks you may access in the
      course of the use of this site, and therefore, delays and disruption of
      other network transmissions are completely beyond our control.

      SOME STATES OR JURISDICTIONS DO NOT ALLOW THE EXCLUSION OF CERTAIN
      WARRANTIES, SO SOME OF THE ABOVE LIMITATIONS MAY NOT APPLY TO YOU.

    3. Limitation of Liability

      IN NO EVENT SHALL YOGAUONLINE, ITS OFFICERS, DIRECTORS, EMPLOYEES,
      CONTRACTORS 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 WEBSITE, (III) ANY
      UNAUTHORIZED ACCESS TO OR USE OF YOGAUONLINE 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 WEBSITE, (V) ANY BUGS, VIRUSES, TROJAN HORSES, OR THE LIKE, WHICH
      MAY BE TRANSMITTED TO OR THROUGH THE WEBSITE 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 WEBSITE,
      WHETHER BASED ON WARRANTY, CONTRACT, TORT, OR ANY OTHER LEGAL THEORY,
      AND WHETHER OR NOT THE YOGAUONLINE 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 YOGAUONLINE 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 THIS
      WEBSITE DOES NOT CONSTITUTE AN ENDORSEMENT OR RECOMMENDATION BY
      YOGAUONLINE OR ANY OF ITS EMPLOYEES. YOGAUONLINE IS NOT RESPONSIBLE FOR
      ANY THIRD PARTY CONTENT ON THE WEBSITE OR THIRD PARTY WEB PAGE ACCESSED
      FROM THIS WEBSITE, NOR DOES YOGAUONLINE 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 YOGAUONLINE OR A
      REPRESENTATIVE OF YOGAUONLINE SHALL CONSTITUTE A WAIVER OF ANY
      LIMITATIONS OF LIABILITY HEREUNDER OR CREATE ANY ADDITIONAL WARRANTY NOT
      EXPRESSLY STATED IN THE TERMS OF USE.

      YOGAUONLINE RESERVES THE RIGHT TO REMOVE ANY MATERIAL POSTED ON THE
      WEBSITE 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 WEBSITE.

    4. 4. Exclusions and Limitations

      Those who access or use the Website 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.

      5. Indemnity

      You agree to defend, indemnify and hold harmless YOGAUONLINE, 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 Website; (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 Website.Miscellaneous

  5. You agree that: (i) the Service shall be deemed solely based in
    Iowa; and (ii) the Service shall be deemed a passive website that does
    not give rise to personal jurisdiction over YogaUOnline.com, either
    specific or general, in jurisdictions other than Iowa.  These Terms of
    Service shall be governed by the internal substantive laws of the State
    of Iowa, without respect to its conflict of laws principles. Any claim
    or dispute between you and YogaUOnline.com that arises in whole or in
    part from the Service shall be decided exclusively by a court of
    competent jurisdiction located in Jefferson County, Iowa. These Terms of
    Service, together with the Privacy Policy at http://yogauonline.com/yogatherapy/privacy-policy
    and any other legal notices published by YogaUOnline.com on the
    Service, shall constitute the entire agreement between you and
    YogaUOnline.com concerning the Service. If any provision of these Terms
    of Service is deemed invalid by a court of competent jurisdiction, the
    invalidity of such provision shall not affect the validity of the
    remaining provisions of these Terms of Service, which shall remain in
    full force and effect. No waiver of any term of this these Terms of
    Service shall be deemed a further or continuing waiver of such term or
    any other term, and YogaUOnline.com’s failure to assert any right or
    provision under these Terms of Service shall not constitute a waiver of
    such right or provision. YogaUOnline.com reserves the right to amend
    these Terms of Service at any time and without notice, and it is your
    responsibility to review these Terms of Service for any changes. Your
    use of the Service following any amendment of these Terms of Service
    will signify your assent to and acceptance of its revised terms. YOU AND
    YOGAUONLINE.COM AGREE THAT ANY CAUSE OF ACTION ARISING OUT OF OR
    RELATED TO THE SERVICES MUST COMMENCE WITHIN ONE (1) YEAR AFTER THE
    CAUSE OF ACTION ACCRUES. OTHERWISE, SUCH CAUSE OF ACTION IS PERMANENTLY
    BARRED

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