Terms of Use
Terms of Use
Thank you for using the Yoga.Health platform and the services and features we make available to you as part of the platform. We're happy to have you here, and we appreciate your visit very much!
Please read these Terms of Use ( “Agreement” or “Terms”) carefully and agree to them by clicking below before accessing or using our website, including any other sub-domains under it) (the “Site”) or using any content, courses, or any other materials (the “Content”) available on the Site. By accessing or using the Site or Content (collectively, the “Services”), you agree to be bound by these Terms. The Services are provided by AsterVrij Holdings, LLC DBA as Yoga.Health (“Yoga.Health”, “we” “us” or “our”), an Illinois Corporation located and are subject to your agreement to these Terms as set forth herein. These Terms describe the operation of the Yoga.Health web platform and determine the way it provides the Services.
These Terms also include and incorporate our privacy policy (the “Policy”), and any other documents referred to in these Terms or in the Policy, and they, as a whole, govern any and all use or access of the Services, whether you are a visitor, guest, or registered student (“You” or “you”).
1. Terms
By using or accessing the Services, you expressly agree to, and give your consent to be governed, by these Terms, all applicable laws and regulations, and agree that you are responsible for compliance with any applicable local laws. If you do not agree with any of portion of these Terms, you are prohibited from using or accessing the Services.
2. Use of Information and Services
The staff of Yoga.Health or its contractors create the Content on or available through the Site. The Content, information and services on the Site are intended solely as a general educational aid. Yoga.Health and its agents assume no responsibility for any consequence relating directly or indirectly to any action or inaction you take based on the Content, information, Services, or other material available through the Site. While Yoga.Health strives to keep the information on this Site accurate, complete, and up-to-date, Yoga.Health cannot guarantee, and will not be responsible for any injuries, damage, or loss related to, the accuracy, completeness or timeliness of the Content or any other information available through the Site.
Yoga.Health is constantly changing and improving the Service. As part of this continual evolution, we may make modifications or changes (to all or part of our Services or Site) such as adding or removing features and functionalities, offering new digital content or services or discontinuing old ones. We may also need to alter or discontinue the Services or Site, or any part of it, in order to make performance or security improvements, make changes to comply with law, or prevent illegal activities on or abuse of our systems. These changes may affect all users, some users or even an individual user.. If we make material changes that negatively impact your use of the Service, we’ll provide you with reasonable advance notice, except in urgent situations such as preventing abuse, responding to legal requirements, or addressing security and operability issues.
You are not required to provide any ideas, feedback or suggestions regarding any of Yoga.Health’s Content (“Feedback”) to Yoga.Health. To the extent you do provide any Feedback to Yoga.Health, you agree to assign and hereby do assign all right, title and interest in and to such Feedback to Yoga.Health and acknowledge that Yoga.Health may freely use, reproduce, modify, distribute, make, have made, sell, offer for sale, import and otherwise exploit in any manner such Feedback without payment of any royalties or other consideration to you.
3. Intellectual Property and Ownership of Site Content
The Site contains material, such as videos, coursework, lesson plans, training modules, photographs, software, text, graphics, images, sound recordings, and other material provided by or on behalf of Yoga.Health (collectively referred to as the “Content”). The Content may be owned by us or third parties. The Content is protected under both United States and foreign laws. Unauthorized use of the Content may violate copyright, trademark, and other laws. Yoga.Health and Yoga.Health (with Design Mark) are registered US Trademarks. Yoga.Health reserves all the intellectual property rights derived from the Yoga.Health website, the structure of the databases, page design, design and content of the courses and others that have been created and those that are developed for use or exploitation.
Unless otherwise explicitly specified, all materials that are included in or are otherwise a part of the Site, including past, present and future versions, domain names, source and object code and the “look and feel” of the Site (“Site Content”) are owned, controlled or licensed by Yoga.Health, its subsidiaries or affiliates, and are protected from unauthorized use, copying and dissemination by copyright, trademark, patent, and other laws, rules, regulations and treaties.
The Site Content may not be copied, reproduced, downloaded or distributed in any way, in whole or in part, except with the express permission of Yoga.Health as is expressly provided in these Terms. Any unauthorized use of the Site Content is prohibited.
You may not: (i) remove or modify any marks or proprietary notices of Yoga.Health; (ii) provide or make the Site available to any third party; (iii) assign this Agreement or give or transfer your access to the Site or Content or any interest in such accounts to another individual or entity; (iv) decompile, disassemble or reverse engineer the Sites or the Content; or (v) create derivative works based on the Site.
4. Content License
Yoga.Health grants students enrolled in Yoga.Health Services a limited and non-exclusive license to temporarily download one copy of any downloadable materials on the Site for personal, non-commercial transitory viewing only. This is a limited license for use only and does not transfer title or ownership of any rights in the Content. This limited license does not allow you to do any of the following:
a. modify or copy the Content other that as provided in these Terms;
b. use the Content for any commercial purpose, or for any public display (commercial or non-commercial);
c. attempt to decompile or reverse engineer any software contained on the Site;
d. remove any copyright or trademark notices or other proprietary notations on the Content; or
e. transfer any Content to another person or ‘mirror’ the Site or Content on any other server.
You also agree that you will not, including by use of any robot, scraper, or other data mining technology or process, frame, mask, extract data or other materials from, copy or distribute the Site Content (except as may be a result of standard search engine or Internet browser usage).
This license shall automatically terminate if you violate any of these restrictions and may be terminated by Yoga.Health at any time if Yoga.Health, in their sole discretion, believes you are violating these restrictions. Such termination may include restriction access to your account, the Content, the Site or deleting your account. Upon termination or upon the termination of this license, you must destroy any copies of any Content including any downloaded materials in your possession whether in electronic or printed format.
5. License to Use the Site
Subject to these Terms, Yoga.Health grants you: a personal, non-exclusive, non-transferable, non-sublicensable, revocable, limited license to use the Site solely for your personal, non-commercial use. You are further granted: a personal, non-exclusive, non-transferable, non-sublicensable, revocable, limited license to display the Content solely on the Site for your personal, non-commercial use. You are not permitted to use the Site or Content therein for any purpose other than as expressly permitted under these Terms. Yoga.Health may audit your use of the Site. You must use the Site only in a manner consistent with these Terms.
You must not: (i) interfere with or disrupt the Site, Content or equipment or networks connected to the Site, or disobey any requirements, procedures, policies or regulations of networks connected to the Site made known to you; (ii) circumvent the user authentication or security of the Site or any host, network, or account related thereto; (iii) make any use of the Site that violates any applicable local, state, national, international or foreign law; (iv) except for the license provided to you as permitted in these Terms, allow any third party to use any user identification(s), code(s), password(s), and procedure(s) issued to, or selected by, you for access to the Site.
You agree Yoga.Health may send you messages and notifications through the Site, or by email, related to Yoga.Health. You also agree Yoga.Health is entitled to monitor and enforce your compliance with these Terms. Yoga.Health may utilize the information concerning your use of the Site or Content to improve Yoga.Health’s services. If you submit a review, rating, comment, or testimonial (a “testimonial”) then you agree that we may publish your testimonial, together with your name and any image, video or logo that you upload using the Site, to our social media feeds, or to our 3rd party review syndication partners. We may use, publish, or distribute such testimonial on our Site, any social media feed, through our syndication partners for use on our Sites, and any successor website or feed that we may operate from time to time and in such position as we may determine in our sole discretion. You further agree that we may edit the testimonial and publish edited or partial versions of the testimonial. However, we will never edit a testimonial in such a way as to create a misleading impression of your review.
6. Age of Access
Students must be of legal consenting age (eighteen in the US) in order to use this Site or access paywalled course content.
7. Representations and Warranties
You represent and warrant, which representations and warranties are an express condition precedent to Yoga.Health allowing you to utilize the Yoga.Health Services, as follows:
a. Yoga.Health does not require you to participate in any physical activity related to the Yoga.Health courses or Content. If you do participate in any physical activity, you do so of your own volition, and you understand that yoga requires physical exertion which may be strenuous and that you are fully aware of the risks and hazards involved. You further recognize that there are inherent risks in the practice of yoga which could potentially result in possible physical injury to you, and that you are in a physical and mental condition to participate in and practice yoga in a safe and healthy manner; and
b. You understand it is your responsibility to consult with a physician prior to participating in any Yoga.Health coursework, and that you are physically fit and do not have any medical condition which would prevent your full participation in the Yoga.Health coursework; and
c. You agree to assume full responsibilities for any risks, injuries or damages, known or unknown, which may occur as a result of your participation in the Yoga.Health coursework; and
d. You will act in a safe and responsible manner, and engage in the practice of yoga in a safe and responsible manner.
e. You have provided accurate and complete information for any account you create for Yoga.Health and will promptly update this information to keep it current.
8. Revisions and Errata
The Site and Content may include technical, typographical, or photographic errors. Yoga.Health does not warrant that any of the materials on the Site or in the Content are accurate, complete, or current. Yoga.Health may make changes to the Site or Content at any time without notice. Yoga.Health does not, however, make any commitment to update the Site or Content.
9. Links
The Site and Content may include or refer to links to other internet websites operated by third parties. Yoga.Health has not reviewed all third-party links or websites, makes no representation or warranties related to such third-party links or websites, and is not responsible for the contents of any such linked site. The inclusion of any link does not imply endorsement by Yoga.Health of the site. Use of any such linked website is at your own risk.
10. Modifications of Terms
Yoga.Health may revise these Terms at any time without notice. By using this Site or the Content you are agreeing to be bound by the then current version of these Terms.
11. No Warranty Disclaimer
The Content and the Site are provided ‘as is’. Yoga.Health makes no warranties, expressed or implied, and hereby disclaims and negates all other warranties, including without limitation, implied warranties or conditions of merchantability, fitness for a particular purpose, or non-infringement of intellectual property or other violation of rights related to the Content or Site. Further, Yoga.Health does not warrant or make any representations concerning the accuracy, likely results, or reliability of the use the Site or the Content or to any third-party websites links available on the Site or in the Content. You assume all risks associated with the use of the Site or Content, including without limitation, risks relating to quality, availability, safety, performance, data loss, and utility in your environment. Yoga.Health does not warrant that the Site will be available uninterrupted or permanently.
12. Limitation of Liability
IN NO EVENT SHALL YOGA.HEALTH, ITS MEMBERS, MANAGERS, OFFICERS, EMPLOYEES, PARTNERS, AGENTS, SUPPLIERS, OR AFFILIATES, BE LIABLE TO YOU OR ANY THIRD PARTY FOR ANY DIRECT OR INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL OR PUNITIVE DAMAGES, INCLUDING WITHOUT LIMITATION, LOSS OF PROFITS, DATA, USE, GOODWILL, OR OTHER INTANGIBLE LOSSES, RESULTING FROM (I) YOUR ACCESS TO OR USE OF OR INABILITY TO ACCESS OR USE THE SITE OR CONTENT; (II) ANY CONDUCT OR CONTENT OF ANY THIRD PARTY ON THE SITE OR SERVICES; (III) ANY CONTENT OBTAINED FROM THE SITE OR SERVICES; AND (IV) ANY ACTIVITY THAT YOU PARTICIPATE IN WHILE ENROLLED IN ANY PROGRAM OR COURSE, WHETHER OR NOT WE HAVE BEEN INFORMED OF THE POSSIBILITY OF SUCH DAMAGE, AND EVEN IF A REMEDY SET FORTH HEREIN IS FOUND TO HAVE FAILED OF ITS ESSENTIAL PURPOSE. SHOULD A COURT FIND THAT THE EXCLUSION OF LIMITATION SET FORTH HEREIN IS NOT EFFECTIVE, THE PARTIES AGREE THAT THE MAXIMUM LIABILITY OF YOGA.HEALTH, UNDER ANY THEORY OF LAW, SHALL BE $100. YOU ALSO AGREE THAT ANY CLAIM ARISING OUT OF OR RELATED TO THE SERVICES MUST COMMENCE WITHIN ONE YEAR FROM THE EVENT FROM WHICH THE CLAIM OR CAUSE OF ACTION IS BASED ON. YOU AGREE ANY CLAIM INITIATED AFTER ONE YEAR FROM THE EVENT FROM WHICH THE CLAIM OR CAUSE OF ACTION IS BASED ON IS PERMANENTLY BARRED.
13. Indemnification
You agree to indemnify, defend, and hold harmless Yoga.Health, its affiliated entities, its officers, directors, affiliates and suppliers from and against any and all losses, claims, liabilities expenses, damages, and costs (including attorneys’ reasonable fees) resulting from or related to (i) your violation of these Terms; or (ii) any activity related to the Site or Content (including negligent or wrongful conduct) by you or any other person accessing the Services through your account.
14. General Provisions
The provisions of these Terms shall be governed by and construed-according to the laws of the State of Illinois. The parties agree to submit to the jurisdiction and venue of the appropriate state and/or federal courts in the County of Cook, in the State of Illinois. The failure of either party at any time to require performance by the other party of any provision in these Terms shall not affect in any way the full right to require such performance at any time thereafter; nor shall the waiver by either party of a breach of any provision hereof be taken or held to be a waiver of the provision itself.
15. Privacy
Your privacy is important. Please read our (LINK TO OUR Privacy Policy} to learn about our privacy practices and how we use the information we collect. Your acceptance of these Terms is also your acceptance of the use of the information we collect as set forth in the Privacy Policy. As stated in the Privacy Policy, we may transfer personal data to third party processor companies (i.e., cloud data and server services) that help us provide our service. Such third-party processors are located in, and the transfers are limited to, the United States, countries in the European Union, or to companies under strict legal requirements to protect your data. These processors are controlled by data processing agreements providing the same protections of your personal data. Your agreement to these Terms includes your consent to such transfer of your personal data including storage of your data, including personal data in the cloud.
16. Recurring Billing
Any membership fees or subscription fees will be billed at the beginning of the paying portion of your membership and each month, quarter, or year thereafter unless and until you cancel your membership. We automatically bill your payment method each month or year on the calendar day corresponding to the commencement of your paying membership. We reserve the right to change our billing timing including if your payment method has not successfully been charged. Other than a cancellation by Yoga.Health for reasons other than a violation of these Terms in accordance with Section 7 of these Terms, payments are non-refundable and there are no credits for partially used periods. Following a cancellation by you, however, you will continue to have access to your Yoga.Health account through the end of your current billing period.
17. No Support
Yoga.Health does not offer direct support for the Site other than, at its sole discretion, provision of updates, patches, bug fixes and new versions. Yoga.Health is not responsible for product support.
18. Term and Termination
The Term of this Agreement shall be for the period you use the Services. Yoga.Health may terminate your access to use the Site for any or no reason at any time with or without notice to you. In the event we terminate your access to the Site, other than for your violation of these Terms, you will be refunded a pro-rated portion of any fees for your subscription you pre-paid calculated based on the monthly rate times the months remaining in your subscription. You will not be refunded partially used months.
19. Digital Millennium Copyright Act
Yoga.Health respects the intellectual property rights of others and attempts to comply with all relevant laws. We will review all claims of copyright infringement received and remove any Content deemed to have been posted or distributed in violation of any such laws.
Our designated agent under the Digital Millennium Copyright Act (the “Act”) for the receipt of any Notification of Claimed Infringement which may be given under that Act is as follows:
Yoga.Health
1542 North Clark Street #259
Chicago, Illinois 60610
If you believe that your work has been copied on the Site in a way that constitutes copyright infringement, please provide our agent with notice in accordance with the requirements of the Act, including (i) a description of the copyrighted work that has been infringed and the specific location on the Site where such work is located; (ii) a description of the location of the original or an authorized copy of the copyrighted work; (iii) your address, telephone number and email address; (iv) a statement by you that you have a good faith belief that the disputed use is not authorized by the copyright owner, its agent or the law; (v) a statement by you, made under penalty of perjury, that the information in your notice is accurate and that you are the copyright owner or authorized to act on the copyright owner’s behalf; and (vi) an electronic or physical signature of the owner of the copyright or the person authorized to act on behalf of the owner of the copyright interest.
20. Equitable Relief
You acknowledge and agree that in the event of a breach or threatened violation of our intellectual property rights and confidential and proprietary information by you, we will suffer irreparable harm and will therefore be entitled to injunctive relief to enforce this Agreement. We may, without waiving any other remedies under this Agreement, seek from any court having jurisdiction any interim, equitable, provisional, or injunctive relief that is necessary to protect our rights and property pending the outcome of the arbitration referenced above. You hereby irrevocably and unconditionally consent to the personal and subject matter jurisdiction of the federal and state courts in the State of Illinois, County of Cook for purposes of any such action by us.
21. Miscellaneous
These Terms set forth the complete agreement for the Site and Content. These Terms supersede all prior or contemporaneous agreements or representations with regards to the subject matter of these Terms. Yoga.Health may transfer its rights and/or obligations under these Terms to any of its affiliated companies. If any provision of these Terms is found to be invalid or unenforceable, the surviving provisions shall remain effective. Yoga.Health’s failure to enforce any right or provisions stipulated in these Terms will not constitute a waiver of such provision, or any other provision of these Terms. Yoga.Health may amend these Terms at any time, for any reason and without notice. An updated Terms of Use may be found within the Site. In these Terms, “include” or “including” means “including but not limited to,” and any examples we give are for illustrative purposes. The section headings are provided merely for convenience and shall not be given any legal import. This Agreement will inure to the benefit of our successors, assigns, licensees, and sublicensees.