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Yoga 101 Black Terms of Service Title

The website "Yogaonthe101.com", Yoga101 and its affiliates (collectively, "us", "we," or "Yoga101") operate the website located at Yogaonthe101.com  may be made available from time to time (collectively, the "Website"). They also operate the services made available from the Website (together with the Website, the "Service").

You acknowledge that you have read, understand, and agree to be bound by these Terms of Service and our Privacy Policy, available here, and are incorporated herein by reference (collectively, this "Agreement"), in all respects with regard to the Website, our provision of the Service, and your use of both.

THIS AGREEMENT CONTAINS IMPORTANT INFORMATION RELATING TO YOUR LEGAL RIGHTS, REMEDIES, AND OBLIGATIONS, SO PLEASE READ IT CAREFULLY. THEY INCLUDE, BUT ARE NOT LIMITED TO, A VARIETY OF LIMITATIONS AND EXCLUSIONS, AND INDEMNIFICATION. AVOID USING THE SERVICE IF YOU DO NOT WISH TO BE BOUND BY THIS AGREEMENT.

Should you have any questions concerning this Agreement, please contact us.

1. Modifications to the Agreement.

At any time and without prior notice, we have the right to amend, modify, add, or remove any part of this Agreement at our sole discretion. If we do this, the most recent version of this Agreement will be dated and posted on the Website. Any modifications will take effect once the updated version of this Agreement is posted (or such later effective date as may be indicatd at the top of the revised Agreement). Such modifications might also be announced via the website. When visiting the Website, it is your obligation to check this page and the date of this Agreement to determine if it has been updated and to examine any changes. You have accepted these changes, modifications, additions, or deletions if you continue to access or use any part of the Service. We are not required to continue offering the Service, and you must cease using it, if you disagree with any of the changes.

2. Security and Your Account. 

As a condition of using the Service, you hereby agree to: (a) accurately and completely fill out any registration forms there may be (collectively, "Registration Data"); and (b) maintain and promptly update the Registration Data to keep it true, accurate, current, and complete. Your personal account information (your "User Account") will be provided to us by you when you supply Registration Data to us via the Service. Regrettably, there are security gaps in data transfer through the Internet. Even though we try our best to safeguard your personal information, we cannot ensure its security while submitted to our website. Personal information is sent at the sender's own risk. Any privacy settings or security features on the Website may be circumvented without our knowledge and without liability. By signing this agreement, you acknowledge that you accept full responsibility for: (w) all uses of your User Account; (x) any actions taken by anyone or any automated system using your User Account; (y) upholding the privacy and security of your User Account and passwords; and (z) immediately informing us of any unauthorized use of your password or User Account.  Any loss or damage resulting from any unauthorized use of your accounts will not subject Yoga101 to liability.

3. Authorization For Electronic Messages And Solicitations. 
By using the Service or signing up with Yoga101, you agree that we may send you communications or information about the Services, such as but not limited to: (a) notices about your use of the Service, including any notices concerning violations of use; (b) updates; and (c) promotional information, newsletters, and materials about Yoga101's products and services, via electronic mail. By following the opt-out procedures included in the communication, we will give you the option to stop receiving marketing emails from us.

4. Content. 

Under this Agreement, "Content" refers to all materials and content of any kind, including, but not limited to, text, music, sound, video, articles, and software. It also includes profiles, messages, notes, and information (including Registration Data).

5. User Content And Your Licensing Agreement. 

We do not assume any ownership rights over any User Content that you (or anyone else using your User Account) submit, transmit, copy, make available, or distribute through the Service. We could offer tools that let you manage who can view your User Content. If we do and you activate the features that allow you to share your User Content with others, anybody you have shared User Content with (including the general public, in certain situations) may have access to your User Content. By providing any kind of User Content, you:

Recognize that Yoga101 has the authority to refuse any User Content and grant Yoga101 a worldwide, royalty-free, non-exclusive, perpetual, irrevocable, transferable, sublicensable right and license to use, distribute, reproduce, modify, 

adapt, perform, and display such User Content in accordance with the functionality of the Service and/or incorporate 

such User Content into any form, medium, or technology without payment of any kind. As a supplementary requirement 

for contributing any User Content, you renounce all moral rights and other authorship rights. Assure us that (1) you have full authority to grant the User License, (2) the User Content does not violate anyone else's rights, including without limitation copyright, trademark, proprietary interests, trade secrets, other intellectual property rights, and privacy rights, and (3) no User Content contains any libelous, defamatory, or otherwise illegal content.

You acknowledge that you are solely responsible for your interactions with other Users and that we reserve the right (but have no obligation) to monitor disputes between you and other Users and to take any action that we deem appropriate in our sole discretion. You hereby agree to defend, indemnify, and hold us harmless from any claims, losses, damages, or expenses incurred by us in respect of any third party claims that your User Content infringes on any other person's rights (including all of the rights listed in above).

6. Intellectual Property Ownership and Rights. 

The website and all information, software, code, text, displays, graphics, photos, video, audio, design, presentation, selection, and arrangement are owned by Yoga101, our licensors, or other content providers and are protected in all aspects by intellectual property laws, including without limitation, copyright, trademark, patent, trade secret, and a trade secret clause.

7. Brand names. 

The terms "Yoga101", "Yogaonthe101.com", and the Yoga101 logo, design, as well as all other trademarks, trade names, trade dress, graphics, logos, designs, page headers, button icons, scripts, and service names used by Yoga101 on or in connection with the Service (collectively, the "Marks"), are either registered trademarks or trade names of Yoga101. Without Yoga101's prior written consent, you may not use the Marks in any form. Any use of such Marks outside of the scope of an express license shall be considered an infringement or violation of the rights of the owner, could violate federal or other laws, and shall be grounds for legal action.

8. Our Permission To You.

We hereby grant you a limited, personal, non-transferable, revocable (at any time with or without notice or cause) and non-exclusive right and license to access and use the Service and to download or print a copy of any portion of the Service Content solely for your own, non-commercial use for the sole purpose of making class reservations, purchases, or other personal use, subject to your eligibility for use of the Service and your agreement to this Agreement.

9. User Conduct (Things You Must Not Do).

You understand and accept that the Service is intended solely for your personal, non-commercial use. Without limiting anything else in this Agreement, you consent to refrain from: 

Service Material covered by Section 8 above may not be changed, copied, distributed, framed, reproduced, republished, downloaded, displayed, posted, transmitted, or sold in any way, in full or in part, make the Service or Service Content available to anyone or allow anyone to access same, but do not reverse engineer, decompile, or disassemble, translate, or otherwise attempt to extract the source code from the Service, the Service Content, or any part thereof, nor license, sublicense, sell, resell, publish, republish, transfer, assign, distribute, rent, lease, time-share, copy, or otherwise commercialize same, unless expressly permitted by the law of your jurisdiction. Use any data mining, robot, or comparable data gathering or extraction methods with respect to any Service or any Service Content without our prior written consent or the consent of the specific Content owner, as applicable, republish any Service Content on any Internet, Intranet, or Extranet site, or incorporate the information in any other database or compilation, register for more than one User Account, register for a User Account on behalf of a group or non-personal entity, or register for a User Account on behalf of someone other than yourself (unless you are that person's parent or legal guardian) (except if you are duly authorized to do so by such group or entity),  impersonate anyone, or falsely state or otherwise misrepresent your age or your affiliation with anyone or anything in your Registration Data, User Account, or otherwise; upload, post, transmit, share, or otherwise make available on the Service any User Content that contains any private information of any third party, including, without limitation, addresses, phone numbers, email addresses, Social Security numbers, credit card numbers, financial information, and other personal information, unless that third party has consented to such use of his or her personal information, in our sole discretion, is harmful, threatening, unlawful, defamatory, infringing, abusive, harassing, vulgar, obscene, fraudulent, invasive of privacy or publicity rights, hateful, or otherwise objectionable, contains computer viruses or any other malicious computer code, files, or programs or work around any access control or related process or procedure established with respect to the Service, or attempt to gain unauthorized access to the Service or Service Content, or that would constitute, encourage, or provide instructions for a criminal offense, violate the rights of any party, or otherwise give rise to liability or violate any local, state, national, or international law, access the Service to either I replicate any features, functionality, or visual elements of the Service or Service Content, or develop a competing good or service. This includes violating any relevant local, state, national, or international law, including any rules thereto, or using the Service or any Service Content to "stalk," intimidate, injure, or otherwise harass another User or another person. Use or attempt to use another User's User Account or the Service without express permission from us or the relevant User, or interfere with or disrupt the Service or service content (including the servers, networks, or technology connected to the service).

10. User Content Responsibility.

You understand and accept that (a) all of your User Content, including the nature, quality, and accuracy of it, is completely your responsibility, and (b) we may, but are not compelled to, review and delete or remove (without prior notice) any User Content in our sole discretion, including, without limitation, any User Content that is in violation of this Agreement. You acknowledge that before using any User Content, including any reliance on its accuracy, completeness, or utility, you must evaluate it and assume all risks involved. Regarding this, you accept that you may not, for any reason, depend on any Service Content (apart from this Agreement, the Privacy Policy, and other legally binding agreements). You will also abide by any local regulations governing appropriate behavior and content when using the internet, including any regulations governing the export of data if you live outside of the United States. In relation to any User Content that violates this Agreement, you will cooperate and offer Yoga101 any necessary support.

11. Other Uses.

Without our prior written consent, any use of the Service or the Service Content other than as expressly permitted in this Agreement is strictly prohibited and will result in the immediate termination of all rights we have given herein. Such unauthorized use might also be illegal under applicable laws, such as copyright, privacy, trade secret, and trademark laws, as well as under applicable communications laws and regulations. Nothing in this Agreement, whether by estoppel, implication, or otherwise, shall be taken to give any additional license to intellectual property rights.

12. Service updates. 

Yoga101 maintains the right to make changes, adjustments, maintenance, updates, upgrades, and enhancements to the service at any time and from time to time, at its sole discretion, without prior notice, and to add or remove capabilities or features, suspend the service, or stop it entirely. Despite any other provision in this agreement, you agree that we are not responsible for any such modification, maintenance, addition, removal, update, upgrade, enhancement, suspension, or termination on our part or on the part of any third party.

13. Third Party Sites and Content.

The Service includes (or you might be shown through the Service) links to other websites not run by Yoga101 ("Third Party Sites"), for instance, you'll be sent to mindbodyonline.com to sign up for and buy classes, as well as Content belonging to or originating from parties other than us or our users ("Third Party Content"). You acknowledge and agree that we are not responsible in any way for any Third Party Sites or Third Party Content accessed through or available on the Service, including, without limitation, the content, accuracy, offensiveness, opinions, reliability, or policies of or contained in the Third Party Sites or the Third Party Content. We do not examine, verify, or monitor such Third Party Sites or Third Party Content. The presence of or linking to a Third Party Site or Third Party Content does not imply (a) our approval of, investigation into, sponsorship of, recommendation of, or endorsement of such; or (b) any affiliation with Yoga101. If you choose to quit the Service, you understand that you do so at your own risk and that our terms and policies will not apply or govern your actions. Review all applicable terms and conditions, including privacy policies, of any third-party website you may access through the Service. You hereby irrevocably waive any claim against us about any Third Party Sites and Third Party Content that you access through the Service since we are not liable for any such Third Party Sites and Third Party Content.

14. Not Responsible for Others' Content.

We are not accountable or liable in any way for any User Content or Third Party Content on the Service, whether provided by Users or made possible by any technology connected to or used in the Service. Although we make this Agreement and other policies and standards for user behavior available, we have no control over and accept no liability for the conduct of our users, including any User Content or Third Party Material you may see on the Service. Yoga101 is under no obligation to watch any User Content or Third Party Content, notwithstanding anything to the contrary in this Agreement.

15. Privacy.

We gather certain data about you in order to run and provide the Service. We may also automatically upload data related to your computer or other device, how you use the Service, and how well the Service performs as part of the Service. 

We treat that data in accordance with the terms of the privacy policy found at ("Privacy Policy").

16. No Warranties. 

The service is offered "AS IS," "WITH ALL FAULTS," AND "AS AVAILABLE" by Yoga101. To the fullest extent permitted by applicable law, Yoga101 makes no representations or warranties of any kind, whether express, implied, statutory, or otherwise, including, without limitation, any warranty that the service will be uninterrupted, accurate, complete, reliable, current, error-free, or free of harmful components, and that the service will be available at all times, or any implied promise of merchantability, satisfactory quality, fitness for a particular purpose, or non-infringement; or any promise derived from any custom, practice, or course of dealing; or any promise that the service is free of viruses or other harmful components. So, BE CAREFUL WHEN USING AND DOWNLOADING ANY SUCH CONTENT, AND USE SOFTWARE KNOWN TO THE INDUSTRY TO DETECT AND DISINFECT VIRUSES. VITAL SOFTWARE EXPRESSLY DISCLAIMS ANY LIABILITY FOR ANY THIRD PARTY CONTENT OR WEBSITES.

17. Availability.

Periodically, the Service can be briefly unavailable due to maintenance or another issue. We waive all liability for any mistake, interruption, deletion, defect, delay in operation or transmission, communications line failure, theft or destruction, or unapproved access to, or modification of, User Content. Any technical issues, including but not limited to issues with any telephone network or lines, computer online systems, servers or providers, computer equipment, software, failure of email or individuals, traffic congestion on the Internet or at any website (including those in the Service), or any combination of these issues, are not our responsibility.

18. Indemnification

You agree to hold Yoga101 and its directors, officers, agents, contractors, partners, employees, and affiliates harmless from and against any cost, loss, damage, demand, liability, or other expense, including reasonable attorney's fees, arising out of or in connection with your use of the Services, including without limitation through third-party applications.

19. Limitation of Liability

THIS SECTION LIMITS YOGA101'S ENTITIES' LIABILITY TO YOU, SO PLEASE READ IT CAREFULLY.

Without limiting anything in the release of liability and assumption of risk, and to the fullest extent permitted by law, in no event will YOGA101 and its directors, officers, employees, agents, contractors, or licensees be liable for any indirect, incidental, special, punitive, cover, or consequential damages (including, without limitation, damages for lost profits, revenue, goodwill, use, data, or content), however caused, arising from your use of the service, the service content, or any other matter. You hereby acknowledge and agree on behalf of yourself, your heirs, personal representatives, and/or assigns (collectively, "you" and/or "yourself") that (a) there are some inherent risks and dangers in the nature of the Services; (b) you have voluntarily entered into this Agreement, enrolled online, and/or attended classes, events, activities, and other programs of Yoga101. You understand that Yoga101 strongly advises consulting with a licensed physician prior to starting any classes; that this exercise program is physically demanding; that there is a chance of adverse physiological events, such as abnormal blood pressure, fainting, heart attack, or death; and that you are taking full responsibility for your health and safety. You have voluntarily chosen to participate in this exercise program.  The aforementioned release also applies to any minors you enroll (those who have not reached the age of majority in their jurisdiction of residence). 

WE ARE PROVIDING THE SERVICES, INCLUDING THE WEBSITE AND MOBILE APPS, "AS IS" AND "AS AVAILABLE," WITHOUT ANY EXPRESS OR IMPLIED WARRANTY OF ANY KIND.  WITHOUT LIMITING THE FOREGOING, YOGA101 ENTITIES EXPRESSLY DISCLAIM ANY AND ALL WARRANTIES AND CONDITIONS OF MERCHANTABILITY, TITLE, ACCURACY, COMPLETENESS, UNINTERRUPTED OR ERROR-FREE SERVICE, FITNESS FOR A PARTICULAR PURPOSE, QUITE ENJOYMENT, NON-INFRINGEMENT, AND ANY WARRANTIES ARISING OUT OF COURSE OF DEALING OR TRADE USAGE. YOGA101 SHALL NOT BE LIABLE FOR MORE THAN THE AMOUNT OF YOUR CLASS OR MEMBERSHIP PACKAGE FOR THE PERIOD IN WHICH THE CLAIM AROSE (FOR EXAMPLE, IF THE CLAIM AROSE WHILE USING OR PURCHASING A 10-CLASS PACKAGE, NO MORE THAN THE AMOUNT THAT 10-CLASS PACKAGE WAS PURCHASED FOR).  YOU UNDERSTAND THAT, UNLESS OTHERWISE PERMITTED BY LAW, YOU WILL BE LIMITED TO INJUNCTIVE RELIEF ONLY AND SHALL NOT BE ENTITLED TO DAMAGES OF ANY KIND FROM YOGA101, REGARDLESS OF THE CAUSE OF ACTION, IF NO SUCH FEES ARE PAID BY YOU TO YOGA101 FOR THE SERVICE. Any condition, warranty, right, or liability which may not lawfully excluded or limited is intended to be excluded or limited by this agreement.

20. Governing Law; Venue and Jurisdiction.

This Agreement is to be governed by and construed in accordance with the laws of the State of California applicable to contracts made and to be performed wholly within such State, and without regard to the conflicts of laws principles thereof.

21. Other.

Our rights and duties under this Agreement are freely assignable, transferable, and severable at any time without notice. This Agreement may not be assigned, and no rights to use the Service may be transferred. Except for your participation in a class where the Release of Liability and Assumption of Risk shall apply, this Agreement constitutes the complete agreement between you and us regarding the use of the Service, superseding any earlier agreements between you and us relating to your use of the Service. Any clause in this agreement that is determined to be invalid, illegal, void, or unenforceable for any reason shall be deemed severable, and the remaining clauses shall remain in full force and effect. We have an independent contractor relationship; Yoga101 and you are not legal partners or agents.  The parties to this Agreement, as well as each of their respective heirs, executors, administrators, successors, and assigns, shall be entitled to the benefits of and be bound by this Agreement.

22. Interpretation. 

The use of headings in this Agreement is purely for convenience and not as a means of interpretation.  Whether or not non-limiting language such as "without restriction" or "but not limited to" or other words of similar import are used with reference thereto, the words "or" and "including" are not restrictive.  The feminine and neuter genders are implied by words importing the masculine gender, while the singular and plural forms are implied by words importing the corporate entity and the individual, respectively.

If you have any questions about the Terms of Service in relation to the Services, the Site, or App(s), please contact us at hello@yogaonthe101.com.

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