Next Steps Yoga Terms of Use
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Effective Date: September 11, 2020
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The terms "Company," "we," "us" and "our" refer to Next Steps Yoga, LLC. Use of www.nextstepsyoga.com and any other websites owned or operated by the Company that direct you to this document (individually and collectively referred to as the “Site”) are subject to the following terms and conditions ("Terms of Use") that you affirmatively accept by using the Site. Please read these Terms of Use carefully and ensure that you understand them before you begin use. If you do not agree to the Terms of Use, you should not use the Site.
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THESE TERMS EXEMPT THE COMPANY AND OTHERS FROM LIABILITY OR LIMIT THEIR LIABILITY AND CONTAIN OTHER IMPORTANT PROVISIONS THAT YOU SHOULD READ.
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THE COMPANY MAY UPDATE THESE TERMS OF USE AT ANY TIME, IN ITS SOLE DISCRETION. EACH TIME YOU USE THE SITE, THESE TERMS, AS THEY THEN READ, WILL GOVERN YOUR USE. IN THE EVENT OF AN UPDATE, YOUR CONTINUED USE OF THE SITE FOLLOWING THE POSTING OF ANY CHANGES, SIGNALS YOUR UNDERSTANDING OF, AND AGREEMENT TO, SUCH CHANGES.
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Ability to Accept Terms of Use
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The Site is intended for use only by individuals who are at least 13 years old and by using the Site you represent that you are at least 13 years old. If you are consenting to these Terms of Use on behalf of a legal entity, you represent and warrant that you have the authority to consent to these Terms of Use on behalf of the entity.
Scope
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These Terms of Use are intended to supplement and not to replace existing agreements between clients and the Company regarding services or products offered or purchased. They are also meant to be read in conjunction with the Company Privacy Policy located on the Site. Possible evidence of use of the Site for illegal purposes will be provided to law enforcement authorities.
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Use of the Site is done at your discretion and at your own risk. The Company is not responsible for any harm that may result or arise out of use of the Site.
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To login, you will be asked to supply information to create login credentials. Further to purchase a service or package, you will be required to provide a method of payment including: credit card number, the expiration date of the credit card, billing address or any other information needed to complete the transaction. YOU REPRESENT AND WARRANT THAT YOU HAVE THE LEGAL RIGHT TO USE ANY CREDIT CARD(S) UTILIZED.
You are responsible for keeping your account access credentials confidential and must not disclose them to third parties. You are solely responsible for any use of the Site that is enabled by means of your access information, even if it is unauthorized. If you suspect unauthorized activity or a security breach, you must notify the Company immediately.
You represent that you are not located in a country and are not a citizen of 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 that you are not listed on any U.S. Government list of prohibited or restricted parties.
Accuracy, Completeness and Timeliness of Information
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Although the Company makes reasonable efforts to ensure that all information included on the Site is correct, accuracy cannot be guaranteed and the Company does not assume any responsibility or obligation for the accuracy, completeness, timeliness, or authenticity of information on the Site. Information obtained via the Site should not be relied upon or used as the sole basis for making significant decisions without consulting primary or more accurate, complete or timely sources of information.
Transactions
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To complete a transaction via the Site you will be asked to supply information relevant to the transaction. By submitting this information, you grant the Company the right to provide such information to third parties in order to complete any transaction. You authorize the Company and its third party payment processing company to complete transactions by charging your designated method of payment for the items purchased. Payments will be subject to the third-party processing service’s account agreement, terms of use and privacy policy. The Company may contact you regarding your account or your transactions and you agree to receive said communications.
All descriptions, images, features, specifications, and prices of services described or depicted on the Site are subject to change at any time without notice. The inclusion of any services or packages on the Site does not imply or warrant that they will be available.
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While the Company strives to provide accurate pricing information, unintentional pricing or typographical errors may occur. The Company reserves the right to correct any errors, inaccuracies or omissions and to change or update information at any time without notice. In the event that an item is listed at an incorrect price, with incorrect information, or discounted in error, the Company shall have the right, to the fullest extent permissible by applicable law, to refuse or cancel any orders placed for that item. If a credit card has been charged for any order subsequently cancelled, a credit will be issued to the credit card as the sole and exclusive remedy, unless prohibited under applicable law.
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By placing an order, you represent that the services or packages ordered will be used only in a lawful manner. The Company reserves the right, with or without prior notice, to: (i) limit the available quantity of or discontinue any package or service; or (ii) impose conditions on the honoring of any coupon, coupon code, promotional code or other similar promotion. You agree to pay all charges that may be incurred through the Site, at the price(s) in effect when such charges are incurred. In addition, you remain responsible for any taxes that may be applicable to your transactions. Purchases for resale are prohibited. All sales are final. You will not receive a refund for non-use.
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Participation in any promotions offered by the Company are voluntary. All promotions will be governed by the terms of the individual promotion. If you have your account suspended or discontinued for misconduct, you forfeit your eligibility to participate or receive the benefits of any promotional programs or bonus incentive programs.
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Use of the Site
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Materials on the Site or obtained through the Site may not be used as part of any service or product offerings to third parties. Improper use of information and improper use of any hardware or software with the intent to damage or interfere with the proper working of the Site or to surreptitiously intercept any system, data or personal information from the Site, is strictly prohibited. You may not interrupt or attempt to interrupt the operation of the Site in any way and the Company reserves the right, in its sole discretion, to terminate access to or use of the Site at any time without notice. Termination of access or use of the Site will not waive or affect any right or relief to which the Company may be entitled at law or in equity.
You may not provide false e-mail addresses, impersonate any person or entity, or otherwise provide misleading information in connection with use of the Site. All remarks, suggestions, ideas, graphics, or other information communicated to the Company through or in relation to the Site (other than personally identifiable information or trademarked or confidential information of the providing party) will forever be the property of the Company. The Company will be entitled to use such submissions for commercial or other purposes without compensation, credits or notice to the submitter or to any other person. The Company will not incur any liability as a result of any similarities that may appear in its future business operations, services or products. By submitting unsolicited submissions to the Company you waive the right to make any claim against the Company relating to the submission.
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The Company may from time to time develop patches or fixes or may find it necessary to install updates, upgrades and other modifications to the Site. These may from time to time be automatically installed without providing any additional notice or receiving any additional consent and you consent to this automatic update. If you fail to install any software updates or other required item, use of the Site may be compromised.
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Links
The Site may contain links to other websites/applications that are provided only as a convenience and as an additional avenue of access to the information contained therein. The Company has not necessarily reviewed all of the information on the other websites/applications and is not responsible for the content of any other websites/applications, or information, material, products or services that may be offered through any of these other websites/applications. Inclusion of links to other websites/applications should not be viewed as an affiliation with the owner of the linked site nor as an endorsement of the content on the linked site and different terms and conditions apply to the use of any linked websites/applications. The Company is not responsible for any losses, damages, or other liabilities incurred as the result of the use of any other websites/applications referenced on the Site.
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Intellectual Property
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The content included on the Site, such as text, design, graphics, logos, icons, images, audio clips, downloads, interfaces, code, software, any intellectual property, and the selection and arrangement of any of these, are the exclusive property of the Company, its licensors and/or its content providers and is protected by copyright, trademark, and other applicable laws. Nothing on the Site shall be construed as granting by implication, estoppel, or otherwise, any license or right to use any trademark, logo, or service mark displayed on the Site without the owner's prior written permission, except as otherwise described herein. The receipt of information and/or material included on the Site, is conditioned on your prohibition from modifying or deleting any copyright, trademark or other proprietary notice that appears on the information. Any other use of information and/or material contained on the Site, including, but not limited to, the modification, distribution, transmission, performance, broadcast, publication, licensing, reverse engineering, transfer or sale of, or the creation of derivative works from, any material, information, or software obtained from the Site, is expressly prohibited. The Company, its licensors and/or its content providers retain full and complete title to the information and material provided on the Site, including all associated intellectual property rights. The Company neither warrants nor represents that use of information and/or material from the Site will not infringe rights of third parties not affiliated with the Company. The Company reserves all rights not expressly granted in and to the Site.
The Company respects the intellectual property rights of others and may remove content that it believes may infringe the intellectual property rights of others. If you believe that the Site has infringed your intellectual property rights, please notify the Company and provide the following information:
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An identification of the intellectual property claimed to have been infringed, including copies of registration certificates, if available.
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A detailed description of the material that you claim is infringing, so that the Company may locate it.
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Your address, telephone number, and email address.
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A statement by you that you have a good faith belief that the allegedly infringing use is not authorized by the intellectual property rights owner, its agent, or the law.
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A statement, made under penalty of perjury, by you that the above information is accurate and that you are authorized to act on behalf of the owner of the intellectual property rights involved.
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Please send the foregoing to the following address:
Next Steps Yoga, LLC
2504 38th St, Fl 3
Astoria, NY 11103
DISCLAIMERS
USE OF THE SITE IS AT YOUR SOLE RISK. THE SITE IS PROVIDED ON AN "AS IS" AND "AS AVAILABLE" BASIS. THE COMPANY RESERVES THE RIGHT TO RESTRICT OR TERMINATE ACCESS TO THE SITE OR ANY FEATURE OR PART THEREOF AT ANY TIME. THE COMPANY EXPRESSLY DISCLAIMS ALL WARRANTIES OF ANY KIND, WHETHER EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO: IMPLIED WARRANTIES OF MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE AND ANY WARRANTIES THAT MATERIALS ON THE SITE ARE NONINFRINGING, AS WELL AS WARRANTIES IMPLIED FROM A COURSE OF PERFORMANCE OR COURSE OF DEALING; THAT ACCESS TO THE SITE WILL BE UNINTERRUPTED OR ERROR-FREE; THAT THE SITE WILL BE SECURE; THAT THE SITE WILL BE VIRUS-FREE; OR THAT INFORMATION ON THE SITE WILL BE COMPLETE, ACCURATE, TIMELY, OR AUTHENTIC. YOU ARE SOLELY RESPONSIBLE FOR ANY DAMAGE TO YOUR COMPUTER SYSTEM OR LOSS OF DATA THAT RESULTS FROM THE DOWNLOAD OR UPLOAD OF ANY MATERIALS. NO ADVICE OR INFORMATION, WHETHER ORAL OR WRITTEN, OBTAINED FROM THE COMPANY OR THROUGH OR FROM THE SITE SHALL CREATE ANY WARRANTY OF ANY KIND. ANY WARRANTY THAT CANNOT BE EXCLUDED UNDER APPLICABLE LAW IS LIMITED IN DURATION TO 30 DAYS FROM THE EVENT GIVING RISE TO THE WARRANTY.
THE INFORMATION PROVIDED ON THE SITE IS FOR INFORMATIONAL PURPOSES ONLY. THE COMPANY IS NOT A MEDICAL ORGANIZATION AND IS NOT OFFERING MEDICAL ADVICE. NOTHING ON THE SITE IS MEANT AS A SUBSTITUTE FOR THE ADVICE OF A DOCTOR OR OTHER HEALTH CARE PROFESSIONAL. YOU SHOULD NOT USE THE INFORMATION AVAILABLE ON OR THROUGH THE SITE FOR DIAGNOSING OR TREATING A MEDICAL CONDITION. YOU SHOULD CONSULT WITH A DOCTOR OR OTHER HEALTH CARE PROFESSIONAL PRIOR TO ENGAGING IN ANY PHYSICAL ACTIVITIES.
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LIMITATION OF LIABILITY
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YOU HEREBY ACKNOWLEDGE THAT ANY INFORMATION SENT OR RECEIVED MAY NOT BE SECURE AND MAY BE INTERCEPTED OR OBTAINED BY UNAUTHORIZED PARTIES. IT IS UNDERSTOOD AND ACKNOWLEDGED THAT FULL RESPONSIBILITY FOR USE OF THE SITE IS AT YOUR SOLE RISK AND DISCRETION.
THE COMPANY, ITS OWNERS, DIRECTORS, OFFICERS, SHAREHOLDERS, EMPLOYEES, AND BUSINESS PARTNERS (THE “COMPANY PARTIES”) WILL NOT BE LIABLE FOR ANY DIRECT, INDIRECT, PUNITIVE, INCIDENTAL, SPECIAL, OR CONSEQUENTIAL DAMAGES ARISING OUT OF OR IN ANY WAY RELATED TO THE SITE OR WITH THE DELAY OR INABILITY TO USE THE SITE, OR FOR ANY INFORMATION, PRODUCTS OR SERVICES ADVERTISED IN OR OBTAINED THROUGH THE SITE, OR OTHERWISE ARISING OUT OF THE USE OF THE SITE OR THE CONTENT THEREIN, WHETHER BASED ON CONTRACT, TORT, STRICT LIABILITY OR OTHERWISE, EVEN IF THE COMPANY PATIES HAVE BEEN ADVISED OF THE POSSIBILITY OF DAMAGES AND REGARDLESS OF THE EXISTENCE OF NEGLIGENCE, UNLESS OTHERWISE STATED HEREIN. THIS DISCLAIMER APPLIES, WITHOUT LIMITATION, TO ANY DAMAGES OR INJURY ARISING FROM ANY FAILURE OF PERFORMANCE, ERROR, OMISSION, INTERRUPTION, DELETION, DEFECT, DELAY IN OPERATION OR TRANSMISSION, COMPUTER VIRUSES, FILE CORRUPTION, COMMUNICATION-LINE FAILURE, NETWORK OR SYSTEM OUTAGE, ANY LOSS OF PROFITS, THEFT, BODY INJURY, DESTRUCTION, UNAUTHORIZED ACCESS TO, ALTERATION OF, LOSS OF USE OF ANY RECORD OR DATA, OR ANY OTHER TANGIBLE OR INTANGIBLE LOSS.
YOU SPECIFICALLY ACKNOWLEDGE AND AGREE THAT THE COMPANY PARTIES SHALL NOT BE LIABLE FOR ANY DEFAMATORY, OFFENSIVE, ILLEGAL, OR OTHERWISE INAPPROPRIATE OR OBJECTIONABLE CONDUCT OF ANY USER. IN NO EVENT WILL THE MEASURE OF DAMAGES INCLUDE, NOR WILL THE COMPANY PARTIES BE LIABLE FOR, ANY AMOUNTS FOR LOSS OF INCOME OR PROFIT,OR INDIRECT, INCIDENTAL, CONSEQUENTIAL, EXEMPLERY, SPECIAL OR PUNITIVE DAMAGES OF ANY PARTY, INCLUDING CLAIMS OR DAMAGES OF THIRD PARTIES, EVEN IF THE PARTIES HAVE BEEN ADVISED OF THE LIKELIHOOD OF SUCH DAMAGES.
YOU AGREE THAT ANY CAUSE OF ACTION ARISING OUT OF OR RELATED TO THE SITE MUST COMMENCE WITHIN SIX (6) MONTHS AFTER THE CAUSE OF ACTION ACCRUES OR THE CAUSE OF ACTION IS PERMANENTLY BARRED. BECAUSE SOME JURISDICTIONS DO NOT ALLOW LIMITATIONS ON HOW LONG AN IMPLIED WARRANTY LASTS, THE EXCLUSION OR LIMITATION OF LIABILITY FOR CONSEQUENTIAL OR INCIDENTAL DAMAGES, OR SHORTENING OF THE STATUTE OF LIMITATIONS PERIOD, ALL OR A PORTION OF THE ABOVE LIMITATIONS MAY NOT APPLY. If these limitations as written are not permitted by applicable law, they shall apply to the extent permitted by applicable law. Nothing herein precludes a party from seeking specific enforcement, injunctive relief or other equitable remedy.
You expressly understand that privacy cannot be guaranteed during participation in virtual classes and you do so at your own risk.
Third Party Products
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Any software, services, goods or other products or technology that are provided by a third party, or that are provided by the Company but are: (i) identified by the Company with a brand name or logo that is not an the Company brand name or logo, or (ii) provided subject to a user’s agreement to the third party’s legal terms and conditions (“Third Party Products”) are subject to the terms of the license and other agreement terms of the third party. Specifically, but without limitation, the operating system, virtualization and other general systems software may be a Third Party Product subject to separate licensing terms, conditions and restrictions of the third party providers. You may be required to accept the end user license and other terms of the third party providers as a condition to use of Third Party Products. The Company’s website is currently hosted on a platform owned and operated by Wix (however this is subject to change at the Company’s discretion) and use is subject to the separate terms of use and privacy policy of that entity located at www.wix.com/about/privacy and www.wix/about/terms-of-use. If you do not agree to those terms of use or privacy policy you should not access the Company’s Site.
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Indemnification
You agree to indemnify, defend and hold harmless the Company and its officers, directors, employees, agents and suppliers, from and against any and all losses, liabilities, expenses, damages and costs, including reasonable attorneys' fees and court costs, arising or resulting from your use of the Site or any products or services offered or accepted through the Site and any violation of these Terms of Use. If technical disruption of the Site, the systems supporting it, or the systems utilized to provide the services to clients occurs due to your action or inaction, you agree to be responsible for any and all losses, liabilities, expenses, damages and costs, including reasonable attorneys' fees and court costs, arising or resulting from that disruption. The Company reserves the right, at its own expense, to assume exclusive defense and control of any matter otherwise subject to indemnification and, in such case, you agree to cooperate with the Company in defense of such matter.
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Jurisdiction
The Site is controlled by the Company from its offices located within the United States of America and has been designed to comply with the laws of the United States. Questions regarding the enforceability and scope of the arbitration provision contained herein will be interpreted and enforced in accordance with the U.S. Federal Arbitration Act. Otherwise, the laws of the State of New York govern these Terms of Use and use of the Site. If the Site is accessed from a location outside of the United States, it is done at your sole risk and discretion with the understanding that laws applicable in a foreign location may not be applicable to the Site.
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Any controversy or claim arising out of or relating to these Terms of Use or use of the Site, shall be submitted to binding arbitration and decided on an individual basis, and not on a class-wide or multiple plaintiff basis or in an action where any party hereto acts in a representative capacity, unless prohibited by law. Any such arbitration shall be administered by the American Arbitration Association under its Consumer Arbitration Rules, and judgment on the award rendered by the arbitrator may be entered in any court having jurisdiction thereof. It is expressly acknowledged, understood and agreed that: arbitration is final and binding; the parties are waiving their right to seek legal remedies in court including the right to a trial by jury; pre-arbitration discovery generally is more limited than and different from that available in court proceedings; the arbitrator’s award is not required to include factual findings or legal reasoning; and any party’s right to appeal or vacate, or seek modification of, the arbitration award, is strictly limited by law. The arbitration will be before a single arbitrator. The place of arbitration will be Queens County, New York, United States of America. It is understood, acknowledged and agreed that in any such arbitration, each party will be solely responsible for payment of his/her/its own counsel fees. The parties will each pay their required share of the costs of arbitration.
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Notwithstanding the foregoing, either party may seek injunctive relief from an appropriate state or federal court located in New York prior to or during the arbitration, may file suit in a court of law to address intellectual property infringement claims and may bring individual actions in small claims court.
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Entire Agreement
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These Terms of Use along with the agreements referenced herein between users and the Company (which are incorporated hereunder by reference), constitute the entire agreement and supersedes all prior agreements, negotiations, representations and proposals, written and oral, relating thereto.
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Severability
If any provision of these Terms of Use is unlawful, void or unenforceable, the remaining provisions shall remain in full force. In the event any provision is found by an arbitrator or court of competent jurisdiction to exceed the limits permitted by any applicable law or to be invalid as written, it may be reformed to the extent necessary to make it reasonable and enforceable.
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No Assignment
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You may not assign these Terms of Use or the rights and obligations hereunder without the express prior written consent of the Company, which may be withheld in the Company’s discretion. The Company may assign these Terms of Use and its rights and obligations hereunder without user consent.
How to Contact Us
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Questions or comments about these Terms of Use or the Site may be directed by e-mail to: www.nextstepsyoga@gmail.com">www.nextstepsyoga@gmail.com.
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