Terms of Use

THIS AGREEMENT REQUIRES THE USE OF ARBITRATION ON AN INDIVIDUAL BASIS TO RESOLVE DISPUTES, RATHER THAN JURY TRIALS OR CLASS ACTIONS, AND ALSO LIMITS THE REMEDIES AVAILABLE TO YOU IN THE EVENT OF A DISPUTE.

Thank you for visiting www.unlimitedoga.com (the “Site”), which is owned by Unlimited Yoga, LLC. (“Unlimited Yoga”). These Terms of Use (the “Terms”) govern your use of the Site along with any email distribution or communication messages, mobile apps or other interactive content (the “Works”) produced by Unlimited Yoga, LLC. Please read these Terms carefully. BY ACCESSING, BROWSING, OR OTHERWISE USING THE WORKS, YOU ACKNOWLEDGE THAT YOU HAVE READ, UNDERSTAND AND AGREE TO THESE TERMS OF USE. This means that once you start using the site or any other content made by Unlimited Yoga, you agree to the Terms of Use that are laid out below.

Ownership Rights – We own the content you access through our works.

Regarding your relationship with Unlimited Yoga, the Works, and all text, content, documents, names, logos, trademarks, service marks, brand identities, characters, trade names, graphics, designs, copyrights, trade dress, or other intellectual property appearing in the Works, and the organization, compilation, look and feel, illustrations, artwork, videos, music, software and other works on the Works (the “Materials”) are owned by Unlimited Yoga and its affiliates or used with permission or under license from a third party (hereinafter collectively referred to as the “Owner”) and are protected under copyright, trademark and other intellectual property and proprietary rights laws. As between Unlimited Yoga and you, all right, title and interest in and to the Materials will at all times remain with Unlimited Yoga and/or its Owners. The word “Unlimited Yoga,” and other marks, logos and titles are registered and/or common law trade names, trademarks or service marks of Unlimited Yoga.

Restrictions on Use – You won’t steal our content or claim it as your own.

You agree that any copy of the Materials (or any portion of the Materials) that you make must retain all copyright and other proprietary notices contained herein or therein. You shall not, without Unlimited Yoga’s express written consent:
(a) distribute text or graphics to others,
(b) copy and retransmit, disseminate, broadcast, circulate, or otherwise distribute the Materials on any other server, or modify or re-use all or part of the Materials on this system or any other system,
(c) use any trade name, trademark, or brand name of Unlimited Yoga in metatags, keywords and/or hidden text
(d) copy, distribute, modify, transmit, perform, reuse, re-post, or otherwise display the Materials, in whole or in part, for public or commercial purposes or modify, translate, alter or create any derivative works thereof
(e) create derivative works from the Materials or commercially exploit the Materials, in whole or in part, in any way,
(f) use the Works, the Materials, and/or any portion thereof, in any manner that may give a false or misleading impression, attribution or statement as to Unlimited Yoga, the Owner, or any third party referenced therein
(g) use the Materials, and/or any services and products on the Works or accessible via the Works for unlawful purposes only; or
(h) alter, remove or obscure any copyright notice, digital watermarks, proprietary legends or any other notice included in the Materials.

Promotions – Our games and promos may have different rules than those we’ve laid out here.

In addition to these Terms, your use of the content offered by Unlimited Yoga and any contests, sweepstakes, surveys, games or similar promotions (collectively, “Promotions”) made available through the Works are governed by specific rules that are separate from these Terms. To the extent that the terms and conditions of such rules conflict with these Terms, the terms and conditions of such rules shall control.

United States Only – We’re not set up to serve foreign customers yet. We look at the world through US law.

By using the Works, you agree and acknowledge that the Works is hosted in the United States. If you are attempting to access the Works from a physical location within the European Union, Asia, or any other region with laws or regulations governing personal data collection, use, and disclosure that differ from United States laws, please be advised that through your continued use of this Works, which is governed by U.S. law, this Terms of Use, and the Unlimited Yoga Privacy Policy, you are transferring your personal information to the United States and you consent to (i) such transfer, (ii) the application of the laws of the United States and/or the State of Colorado with respect to any dispute arising from or related to the Privacy Policy and/or your use of the Works, other than such rules, regulations, case law, and/or international treaties that would result in the application of the laws of a jurisdiction other than the United States or the State of Colorado, and (iii) the exclusive jurisdiction of the courts of the United States and the State of Colorado. Any claim or dispute between you and Unlimited Yoga that arises in whole or in part from your use of the Works or in connection with the Privacy Policy shall be decided exclusively by a court of competent jurisdiction located in Denver, Colorado, U.S.A. Each party hereby agrees that such court shall have in personam jurisdiction and venue with respect to such party, and each party hereby submits to the in personam jurisdiction and venue of such courts and waives any objection based on inconvenient forum.

No Warranty – We’re not perfect, so please don’t expect us to be.

YOU EXPRESSLY ACKNOWLEDGE AND AGREE THAT YOUR USE OF THE SITE IS AT YOUR SOLE RISK AND THAT, TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, THE SITE AND ANY content or information PROVIDED BY THE SITE, INCLUDING All materials and the app, ARE PROVIDED “AS IS” AND “AS AVAILABLE”, WITH ALL FAULTS AND WITHOUT WARRANTY OF ANY KIND, AND UNLIMITED YOGA HEREBY DISCLAIMS ALL WARRANTIES AND CONDITIONS WITH RESPECT TO THE SITE AND ANY content or information PROVIDED BY THE SITE, INCLUDING ANY THIRD PARTY CONTENT, EITHER EXPRESS, IMPLIED OR STATUTORY, INCLUDING, BUT NOT LIMITED TO, THE IMPLIED WARRANTIES AND/OR CONDITIONS OF MERCHANTABILITY, OF SATISFACTORY QUALITY, OF FITNESS FOR A PARTICULAR PURPOSE, OF ACCURACY, OF QUIET ENJOYMENT, AND NON-INFRINGEMENT OF THIRD PARTY RIGHTS. UNLIMITED YOGA DOES NOT WARRANT THAT THE SITE OR ANY CONTENT PROVIDED BY THE SITE, including All materials and the app, WILL MEET YOUR REQUIREMENTS, THAT THE OPERATION OF THE SITE WILL BE UNINTERRUPTED OR ERROR-FREE, OR THAT DEFECTS IN THE SITE WILL BE CORRECTED. NO ORAL OR WRITTEN INFORMATION OR ADVICE GIVEN BY UNLIMITED YOGA OR ITS AUTHORIZED REPRESENTATIVES SHALL CREATE A WARRANTY.

Limitation of Liability – Use our content only at your own risk!

Your use of the Works is at your own risk. TO THE EXTENT NOT PROHIBITED BY LAW, Neither UNLIMITED YOGA, its affiliates, nor any of their respective officers, directors, agents or other representatives will BE LIABLE FOR PERSONAL INJURY, OR ANY INCIDENTAL, SPECIAL, PUNITIVE, EXEMPLARY, DIRECT, INDIRECT OR CONSEQUENTIAL DAMAGES WHATSOEVER, INCLUDING, WITHOUT LIMITATION, DAMAGES FOR LOSS OF PROFITS, LOSS OF DATA, BUSINESS INTERRUPTION OR ANY OTHER COMMERCIAL DAMAGES OR LOSSES, ARISING OUT OF OR RELATED TO YOUR USE OR INABILITY TO USE THE SITE, HOWEVER CAUSED, REGARDLESS OF THE THEORY OF LIABILITY (CONTRACT, TORT OR OTHERWISE) AND EVEN IF UNLIMITED YOGA HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. In no event shall UNLIMITED YOGA’s total liability to you for all damages (other than as may be required by applicable law in cases involving personal injury) exceed the amount of ONE HUNDRED dollars ($100.00). The foregoing limitations will apply even if the above stated remedy fails of its essential purpose.

Arbitration; Applicable Law – We don’t rush into court. We use arbitration first.

PLEASE READ THIS CAREFULLY. IT AFFECTS YOUR RIGHTS.

Except for a claim by Unlimited Yoga of infringement or misappropriation of Unlimited Yoga’s patent, copyright, trademark, or trade secret, any and all disputes between you and Unlimited Yoga arising under or related in any way to these Terms must be resolved through binding arbitration as described in this section. This agreement to arbitrate is intended to be interpreted broadly. It includes, but is not limited to, all claims and disputes relating to your use of the Works.

YOU AGREE THAT BY ENTERING INTO THIS AGREEMENT, YOU AND Unlimited Yoga ARE EACH WAIVING THE RIGHT TO TRIAL BY JURY OR TO PARTICIPATE IN A CLASS ACTION. YOU AND Unlimited Yoga AGREE THAT EACH MAY BRING CLAIMS AGAINST THE OTHER ONLY IN YOUR OR ITS INDIVIDUAL CAPACITY, AND NOT AS A PLAINTIFF OR CLASS MEMBER IN ANY PURPORTED CLASS OR REPRESENTATIVE PROCEEDING. ANY ARBITRATION WILL TAKE PLACE ON AN INDIVIDUAL BASIS; CLASS ARBITRATIONS AND CLASS ACTIONS ARE NOT PERMITTED.

The arbitration will be governed by the Commercial Arbitration Rules and the Supplementary Procedures for Consumer Related Disputes of the American Arbitration Association (“AAA”), as modified by this section. For any claim where the total amount of the award sought is $10,000 or less, the AAA, you and Unlimited Yoga must abide by the following rules: (a) the arbitration shall be conducted solely based on written submissions; and (b) the arbitration shall not involve any personal appearance by the parties or witnesses unless otherwise mutually agreed by the parties. If the claim exceeds $10,000, the right to a hearing will be determined by the AAA rules, and the hearing (if any) must take place in Denver, CO. The arbitrator’s ruling is binding and may be entered as a judgment in any court of competent jurisdiction. In the event this agreement to arbitrate is held unenforceable by a court, then the disputes that would otherwise have been arbitrated shall be exclusively brought in the state or federal courts located in Denver, Colorado. Claims of infringement or misappropriation of Unlimited Yoga’s patent, copyright, trademark, or trade secret shall be exclusively brought in the state and federal courts located in Denver, Colorado.

The laws of the State of Colorado, excluding its conflicts of law rules that would result in the laws of a State other than Colorado, govern this license and your use of the App.

Legal Compliance & Ability to Accept Terms – Are you allowed to use our works?

You represent and warrant that (i) you are not located in a country that is subject to a U.S. Government embargo, or that has been designated by the U.S. Government as a “terrorist supporting” country; and (ii) you are not listed on any U.S. Government list of prohibited or restricted parties.

You affirm that you are (i) over the age of thirteen (13) or (ii) that you have the expressed permission of your guardian while using the Works, or that you are an emancipated minor in order to engage with the Works.

You represent that you are fully able and competent to enter into the terms, conditions, obligations, affirmations, representations, and warranties set forth in these Terms, and to abide by and comply with these Terms.

No Framing; Links; Third Party Works – Don’t shove our content onto another website.

Framing, in-line linking or other methods of association with the Works are expressly prohibited without prior written approval from Unlimited Yoga.

Assignment – Who can and cannot assign these terms.

These Terms, and any rights and licenses granted hereunder, may not be transferred or assigned by you, but may be assigned by Unlimited Yoga without restriction.

Notice – Here’s how these terms work with respect to the way they may change.

From time to time, Unlimited Yoga may revise these Terms. To help you stay current of any changes, Unlimited Yoga notes the date these Terms was last updated above. Your use of the Works following the posting of any revised Terms shall be deemed acceptance of the revised policy.

Termination – Should we need to end our relationship…

Unlimited Yoga may cancel, suspend or block your use of the Works without notice if there has been a violation of these Terms or our Privacy Policy. YOU AGREE THAT UNLIMITED YOGA WILL NOT BE LIABLE TO YOU OR ANY OTHER PARTY FOR ANY TERMINATION OF YOUR ACCESS TO THE SITE, CONTENT OR MATERIALS. Any limitations on liability that favor Unlimited Yoga will survive the expiration or termination of these Terms for any reason

Miscellaneous – Other stuff.

Unlimited Yoga’s failure to enforce any provision of these Terms shall not be deemed a waiver of such provision nor of the right to enforce such provision. If any part of these Terms is determined to be invalid or unenforceable pursuant to applicable law, including, but not limited to, the warranty disclaimers and liability limitations set forth above, then the invalid or unenforceable provision will be deemed superseded by a valid, enforceable provision that most closely matches the intent of the original provision and the remainder of these Terms shall continue in effect. A printed version of these Terms and of any notice given in electronic form shall be admissible in judicial or administrative proceedings based upon or relating to these Terms to the same extent and subject to the same conditions as other business documents and records originally generated and maintained in printed form.

Questions?
Contact us at lynn@unlimitedyoga.com or write to:

Unlimited Yoga, LLC