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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.
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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.
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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. 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