This page states the terms and conditions (“Agreement”) under which you may use this Site. Please read this Agreement carefully. If You do not accept the terms and conditions stated here, do not use the Site. We may revise this Agreement at any time by updating this page. You should visit this page periodically to review the Agreement, because it is binding on You.
Use of Materials
Balance Yoga and Healing, LLC (“We”, “Us” or “Our”) authorizes you (“You” or “User”) to view the material on the www.balanceyogaandhealing.com website (“Website” or “Site”) solely for your personal, noncommercial use. Special rules may apply to the use of certain software and other items provided on the Site. Any such special rules are listed as “Legal Notices” on this Site and are incorporated into this Agreement by reference.
If you violate any of the terms in this Agreement, your permission to use the Material automatically terminates and You must immediately destroy any copies You have made of the Materials.
Copyrights
The content of this Site, including text, graphics, images, programs and other material (“Material”), are protected by United States and foreign copyright laws, and all rights are reserved. Any commercial use of any of the content from this Site, including usage of text, images, programs or other materials, is strictly prohibited without Our express written consent. You may not sell or modify the material or reproduce, display, publicly perform, distribute, or otherwise use the Material in any way for any public or commercial purpose. You must retain all copyright and other proprietary notices contained in the original material on any copy You make of the Material.
Trademarks
The names, logos and taglines identifying Our products and services are trademarks of Balance Yoga and Healing, LLC. All other trademarks and registered trademarks listed on this website are property of their respective owners.
Limitation of Liability
The Material may contain inaccuracies or typographical errors. We makes no representations about the accuracy, reliability, completeness, or timeliness of the Material or about the results to be obtained from using the Site and the Material. The use of the Site and the Material is at your own risk. Changes are periodically made to the Site and may be made at any time.
WE DO NOT WARRANT THAT THE SITE WILL OPERATE ERROR-FREE OR THAT THIS SITE AND ITS SERVER ARE FREE OF COMPUTER VIRUSES AND OTHER HARMFUL GOODS. IF YOUR USE OF THE SITE OR THE MATERIAL RESULTS IN THE NEED FOR SERVICING OR REPLACING EQUIPMENT OR DATA, WE ARE NOT RESPONSIBLE FOR THOSE COSTS.
THE SITE AND MATERIAL ARE PROVIDED ON AN ‘AS IS’ BASIS WITHOUT ANY WARRANTIES OF ANY KIND. WE AND OUR SUPPLIERS, TO THE FULLEST EXTENT PERMITTED BY LAW, DISCLAIM ALL WARRANTIES, INCLUDING THE WARRANTY OF MERCHANTABILITY, NON-INFRINGEMENT OF THIRD PARTIES RIGHTS, AND THE WARRANTY OF FITNESS FOR PARTICULAR PURPOSE. WE AND OUR SUPPLIERS MAKE NO WARRANTIES ABOUT THE ACCURACY, RELIABILITY, COMPLETENESS, OR TIMELINESS OF THE MATERIAL, SERVICES, SOFTWARE TEXT, GRAPHICS, AND LINKS.
Disclaimer of Consequential Damages
IN NO EVENT SHALL WE, OUR SUPPLIERS OR ANY THIRD PARTIES MENTIONED AT THIS WEB SITE BE LIABLE FOR ANY DAMAGES WHATSOEVER (INCLUDING, WITHOUT LIMITATION, INCIDENTAL AND CONSEQUENTIAL DAMAGES, LOST PROFITS, OR DAMAGES RESULTING FROM LOST DATA OR BUSINESS INTERRUPTION) RESULTING FROM THE USE OR INABILITY TO USE THE SITE AND THE MATERIAL, WHETHER BASED ON WARRANTY, CONTRACT, TORT, OR ANY OTHER LEGAL THEORY, AND WHETHER OR NOT WE ARE ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.
User Submissions
Generally, any communication which you post to the public forums on the Site is considered to be non-confidential. If particular pages on the Site permit the submission of communications which will be treated by us as confidential, that fact will be stated in “Legal Notices” on those pages. By posting communications to the the public forums of the Site, You automatically grant Us a royalty-free, perpetual, irrevocable nonexclusive license to use, reproduce, modify, publish, edit, translate, distribute, perform, and display the communication alone or as part of other works in any form, media, or technology whether now known or hereafter developed, and to sublicense such rights through multiple tiers of sublicensees.
As a user, You are responsible for your own communications and are responsible for the consequences of their posting. You must not do the following things: post material that is copyrighted, unless you are the copyright owner or have the permission of the copyright owner to post it; post material that reveals trade secrets, unless you own them or have the permission of the the owner; post material that infringes on any other intellectual property rights of others or on the privacy or publicity rights of others; post material that is obscene, defamatory, threatening, harassing, abusive, hateful, or embarrassing to another user or any other person or entity; post a sexually-explicit image; post advertisements or solicitations of business; post chain letters or pyramid schemes; or impersonate another person.
We do not represent or guarantee the truthfulness, accuracy, or reliability of any of communications posted by other users or endorse any opinions expressed by users. You acknowledge that any reliance on material posted by other users will be at your own risk.
We do not screen communication in advance and are not responsible for screening or monitoring material posted by users. If notified by a user of communications which allegedly do not conform to this Agreement, We may investigate the allegation and determine in good faith and our sole discretion whether to remove or request the removal of the communication. We have no liability or responsibility to Users for performance or nonperformance of such activities. We reserve the right to expel Users and prevent their further access to the Site for violating this Agreement or the law and the right to remove communications which are abusive, illegal, or disruptive.
Links to Other Sites
The Site contains links to third party websites. These links are provided solely as a convenience to You and not as an endorsement by Us of the contents on such third party websites. We are not responsible for the content of linked third party websites and do not make any representations regarding the content or accuracy of materials on such third party websites. If You decide to access linked third party websites, You do so at your own risk.
Software Licenses
All software that is made available for downloading from the Site (“Software”) is protected by copyright and may be protected by other rights. The use of such software is governed by the terms of the software license agreement or designated “Legal Notice” accompanying such software (“License Agreement”). The downloading and use of such software is conditioned on your agreement to be bound by the terms of the License Agreement.
Indemnity
You agree to defend, indemnify, and hold harmless Balance Yoga and Healing, LLC, its members, managers, employees and agents, from and against any claims, actions or demands, including without limitation reasonable legal and accounting fees, alleging or resulting from Your use of the Material (including Software) or Your breach of the terms of this Agreement. We shall provide notice to You promptly of any such claim, suit, or proceeding and shall assist You, at your expense, in defending any such claim, suit or proceeding.
Export Control
The United States controls the export of products and information. You agree to comply with such restrictions and not to export or re-export the Materials (including Software) to countries or persons prohibited under the export control laws. By downloading the Materials (including Software), You are agreeing that You are not in a country where such export is prohibited. You are responsible for compliance with the laws of Your local jurisdiction regarding the import, export, or re-export of the Materials or Software.
User Information
We may use the information We obtain relating to You, including Your IP address, name, mailing address, email address and use of the Site, for Our internal business and marketing purposes as set forth in the Privacy Policy. See the Our Privacy Policy for details and additional information.
Privacy Policy
We consider Your personal identifying information to be private, however the operation of this Site requires the submission, use and dissemination of various items of personal identifying information. Your use of this Site or the Services constitutes acceptance of Our policies and practices for the collection and use of personal identifying information. Please see Our Privacy Policy for a summary of Our personal identifying information collection and use policies and practices.
General
We make no claims the Materials are appropriate or may be downloaded outside the United States. Access to the Materials (including Software) may not be legal by certain persons or in certain countries. If You access the Site from outside of the United States, You do so at Your own risk and are responsible for compliance with the laws of your jurisdiction. This Agreement is governed by the internal substantive laws of the State of Vermont, without respect to its conflict of laws principles. If any provision of this Agreement is found to be invalid by any court having competent jurisdiction, the invalidity of such provision shall not affect the validity of the remaining provisions of this Agreement, which shall remain in full force and effect. No waiver of any term of this Agreement shall be deemed a further or continuing waiver of such term or any other term. Except as expressly provided in a particular “Legal Notice” or Software License or material on particular pages, this Agreement constitutes the entire Agreement between You and Us with respect to the use of the Site. Any changes to this Agreement must be made in writing, signed by an authorized representative of Balance Yoga and Healing, LLC.