Waiver

I represent and warrant that I am in good physical health and do not suffer from any medical condition which would limit my participation in the services offered by YNDI I understand that it is my responsibility to consult with a physician prior to taking any classes or instruction regarding my participation in any of the yoga exercises or YNDI services. I understand the risks associated with the activities offered by YNDI and I agree to follow all instructions that are given to me regarding all aspects of these yoga activities, including but not limited to I how I can safely participate.

 

I hereby RELEASE YNDI and WAIVE any and all claims, demands, causes of action of any kind , against YNDI. its owners, officers, employees, and instructors resulting from or related to my participation in the activities and programs offered by YNDI. In taking part in the yoga exercises and activities at YNDI, I understand and acknowledge that I am fully responsible for any and all risks, injuries, or damages, known or unknown, which might occur as a result of my participation in the yoga exercises and activities.

I recognize that there is risk involved in the types of yoga exercise or activities offered. Therefore I accept financial responsibility for any injury that I may cause either to me or to any other participant due to my conduct, whether such be negligent or otherwise. Should YNDI or anyone acting on its or their behalf, be required to incur attorney’s fees and costs to enforce this agreement, I agree to reimburse them for such fees and costs. I further agree to indemnify and hold harmless YNDI, its or their principals, agents, instructors, employees, and volunteers from liability for the injury or death of any person(s) and/or damage to property that may result from my conduct, whether negligent or otherwise, while participating in the yoga exercises or activities offered, regardless of nature, duration, or location.

I have read the above release, waiver of liability and indemnity and hold harmless provisions and fully understand these contents. I am legally competent to sign and voluntarily agree to the terms and conditions stated above.

 

Terms

These Terms of Service (Terms) are a legal agreement between you and YNDI, (Yndi Yoga, us, or we) governing your use of YNDI services available at www.yndiyoga.com.

Use of any part of the Service is agreeing to becoming a party to these terms and being bound by them. Do not use the Service if you do not agree to these terms

 

Health Disclaimer

Physical exercise, in all of its forms and with or without the use of equipment such as blocks, straps or any other equipment that may be suggested by a YNDI instructor, is a strenuous physical activity. Accordingly, you are urged and advised to seek the advice of a physician before beginning any physical exercise regimen, routine, program or using any suggested equipment, shown in any of the video clips on the Service. YNDI is not a medical organization and its instructors or staff cannot give you medical advice or diagnosis. All suggestions and comments relating to the use of equipment, poses, moves and instruction are not required to be performed by you and are carried out at your election while viewing YNDI videos. Nothing contained in the Service should be construed as any form of such medical advice or diagnosis.

By using the Service, you represent that you understand that physical exercise involves strenuous physical movement, and that such activity carries the risk of injury whether physical or mental. You understand that it is your responsibility to judge your physical and mental capabilities for such activities. It is your responsibility to ensure that by participating in classes, courses, programs, and activities from YNDI, you will not exceed your limits while performing such activity, and you will select the appropriate level of activity for your skills and abilities, as well as for any mental or physical conditions and/or limitations you have. You understand that, from time to time instructors may suggest physical adjustments or the use of equipment and it is your sole responsibility to determine if any such suggested adjustment or equipment is appropriate for your level of ability and physical and mental condition. You expressly waive and release any claim that you may have at any time for injury of any kind against YNDI, or any person or entity involved with YNDI, including without limitation its directors, principals, instructors, independent contractors, employees, agents, contractors, affiliates and representatives.

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Service Description, License and Copyright

The Service is a membership to a website that hosts informational yoga videos, music and retail items. Membership grants you a personal, non-exclusive, non-assignable, non-transferable, revocable license to access and use the Service, for as long as your account remains in good standing and the material is accessible on the platform. YNDI content  is provided to you “AS IS“ for your information and personal use only and may not be downloaded, copied, reproduced, modified, distributed, transmitted, broadcast, displayed, sold, licensed, resold or otherwise exploited for any other purposes whatsoever without the prior written consent of YNDI. Other than rights expressly granted to you, YNDI reserves all rights to the Service and the YNDI Content. All material presented on the Service including logos, images, videos, graphics, illustrations are protected by copyrights, trademarks and/or other intellectual property rights, owned by YNDI or licensed from third parties.

 

Eligibility

You must be 18 years or older to use the Service. You must be fully competent and able to enter into this agreement.

 

User Responsibility, Password and Security

You are responsible for all activity connected to your account and protecting your password, to guard against unauthorized use. Notify us immediately if you suspect your account security has been breached. When creating an account you are responsible to provide accurate up do date and complete information. We reserve the right to suspend or terminate your account and your use of the Service, if we believe the information provided is inaccurate or incomplete.

If you are an owner of an account on this website, you are solely responsible for maintaining the confidentiality of your private user details (username and password). You are responsible for all activities that occur under your account or password.

We reserve all rights to terminate accounts, edit or remove content and cancel orders at our sole discretion.

 

Copyright Infringement

If you believe that your work has been copied and is accessible on the Service in a way that constitutes copyright infringement, you may notify us by providing the following information (as required by the Online Copyright Infringement Liability Limitation Act of the Digital Millennium Copyright Act, 17 U.S.C. sec. 512 (“DMCA“)):

• A physical or electronic signature of the person authorized to act on behalf of the owner of an exclusive right that is allegedly infringed;

• Identification of the copyrighted work claimed to have been infringed, or if multiple copyrighted works at a single online site are covered by a single notification, a representative list of such works at that site;

• Identification of the material that is claimed to be infringing or to be the subject of infringing activity and that is to be removed or access to which is to be disabled, and information reasonably sufficient to permit us to locate the material;

• Information reasonably sufficient to permit us to contact the complaining party, such as an address, telephone number, and if available, an electronic mail address at which the complaining party may be contacted;

• A statement that the complaining party has a good faith belief that use of the material in the manner complained of is not authorized by the copyright owner, its agent, or the law; and

• A statement that the information in the notification is accurate, and under penalty of perjury, that the complaining party is authorized to act on behalf of the owner of an exclusive right that is allegedly infringed.

Please send the DMCA communication to the following name and address: Customer Support at info@yndiyoga.com

 

Ownership and Trademarks

Yndi Yoga is a trademark owned by YNDI, we own all right, title and interest including all intellectual property rights, in and to the Service. Except for those rights expressly granted in these Terms, no other rights are granted, either express or implied, to you.

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Fees

Members are required to pay a fee for the Service. YNDI uses a third-party payment company to process your credit card account to pay for the Service. This will be subject to the terms, conditions and privacy policies of the Payment Processor and your credit card issuer in addition to these Terms. YNDI is not responsible for any errors made by the credit card issuer or the payment processor. Any transaction details YNDI obtains in connection with your use of the Service will solely be used in accordance with YNDI's Privacy Policy.

 

Accessing the Service

YNDI does not provide you with the equipment or connection to access the Service. You are responsible for all fees due to third parties to access and use the Service.

YNDI reserves the right to change, discontinue or modify the Service temporarily or permanently in part or in whole without notice. YNDI will not be liable to you or any third party for any modification, suspension, disruption or discontinuance of the Service.

YNDI is not obligated to provide any support for the Service.

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Changes to Terms

From time to time YNDI will change these terms. If terms are changed we will indicate that we have done so on our website, or with other electronic communication. It is your responsibility to review these Terms regularly. Use of the Service after the effective date of a modification constitutes your acceptance of any modified Terms.

 

Termination

You may terminate your account at any time. It is your sole right and remedy if you disagree with any Terms listed herein. You will not receive a refund for the remaining billing period. YNDI may terminate your access to the Service at any time for any reason, if YNDI suspects you have violated any of these Terms. YNDI reserves the right to also seek other legal remedy.

 

Membership Fees

Your YNDI membership is paid monthly or yearly. The fee will be billed the day you sign up and each month or year thereafter unless and until you cancel your membership. We reserve the right to change the billing date, and price for the Service at any time. If YNDI later increases the price of the subscription, YNDI will notify you via email. The increase will apply to the next payment due from you after the notice, provided that you have been given at least 10 days’ prior notice before the charge is made. If you are given less than 10 days’ prior notice, the price increase will not apply until the payment after the next payment due.

 

Sharing Membership

No Sharing of Membership Subscriptions. Members of YNDI may not share, give or sell their password or username to any other person or entity. Excessive viewings or logins by any Member will be construed by YNDI as fraudulent use of the Service, which will result in the immediate cancellation of membership without refund. When becoming a Member you agree to take all actions possible to protect your username and password from fraudulent use. YNDI reserves the right to cancel any membership it believes has been compromised, or is being used fraudulently, at its own discretion.

 

Disclaimer of Warranties

You agree that your use of the Service shall be at your sole risk. The Service and the Material are provided “AS IS“ and without warranties of any kind, either express or implied. To the fullest extent permitted by law, YNDI, its officers, directors, employees, and agents disclaim all warranties, express or implied, in connection with the Service, and your use thereof. YNDI makes no warranties or representations about the accuracy or completeness of YNDI Content or the content of any sites linked to the Service and assumes no liability or responsibility or any (I) errors, mistakes, or inaccuracies of content, (II) personal injury or property damage, of any nature whatsoever, resulting from your access to and use of the Service, (III) any unauthorized access to or use of YNDI secure servers and/or any and all personal information and/or financial information stored therein, (IV) any interruption or cessation of transmission to or from the Service, (V) any bugs, viruses, Trojan horses, or the like which may be transmitted to or through the Service by any third party, and/or (VI) any errors or omissions in any content or for any loss or damage of any kind incurred as a result of the use of any content posted, emailed, transmitted, or otherwise made available via the Service.

YNDI does not warrant, endorse, guarantee, or assume responsibility for any product or Service advertised or offered by a third party through the Service or any hyperlinked website or featured in any banner or other advertising, and YNDI will not be a party to or in any way be responsible for monitoring any transaction between you and third-party providers of products or services. As with the purchase of a product or service through any medium or in any environment, you should use your best judgment and exercise caution where appropriate.

 

Limitation on Liability

In no event shall YNDI, its officers, directors, employees, or agents, be liable to you for any direct, indirect, incidental, special, punitive, or consequential damages whatsoever resulting from any (I) errors, mistakes, or inaccuracies of content, (II) personal injury or property damage, of any nature whatsoever, resulting from your access to and use of the Service, (III) any unauthorized access to or use of YNDI secure servers and/or any and all personal information and/or financial information stored therein, (IV) any interruption or cessation of transmission to or from the Service, (V) any bugs, viruses, Trojan horses, or the like, which may be transmitted to or through the Service by any third party, and/or (VI) any errors or omissions in any content or for any loss or damage of any kind incurred as a result of your use of any content posted, emailed, transmitted, or otherwise made available via the Service, whether based on warranty, contract, tort, or any other legal theory, and whether or not the YNDI is advised of the possibility of such damages. The foregoing limitation of liability shall apply to the fullest extent permitted by law in the applicable jurisdiction.

Any reference to a person, entity, product, or service on the Service does not constitute an endorsement or recommendation by YNDI or any of its employees. YNDI is not responsible for any third party Content on the Service or third party web page accessed from the Service, nor does YNDI warrant the accuracy of any information contained in a third party website or its fitness for any particular purpose.

No communication of any kind between you and YNDI or a representative of YNDI shall constitute a waiver of any limitations of liability hereunder or create any additional warranty not expressly stated in the terms of use.

YNDI reserves the right to remove any material posted on the Service that it determines in its sole discretion is violative of any law or right of any person, infringes the rights of any person, or is otherwise inappropriate for posting on the Service.

 

Indemnity

You will hold harmless, defend, and indemnify YNDI and it's agents and employees, licensors, suppliers and distributors from any expenses, costs, damages and liability caused by your use of the Service or your violation of these Terms.

 

Assignment

These Terms, and any rights or licenses granted hereunder, may not be transferred or assigned by you, but may be assigned by YNDI without restriction. Any assignment attempted in violation of these Terms is null and void.

 

Integration Clause

This Agreement together with the Privacy Policy and any other legal notices published by YNDI on the Service, shall constitute the entire agreement between you and YNDI concerning the Service and governs your use of the Service, superseding any prior agreements between you and YNDI with respect to the Service.

 

Governing Law and Venue

These Terms will be governed by and construed in accordance with the laws of the State of Maine, excluding its conflict of law provisions. You agree that any judicial proceedings will be brought in and you hereby consent to the exclusive jurisdiction and venue in the state and federal courts in Portland Maine.

You agree that: (a) the Service shall be deemed solely based in Maine; and (b) the Service shall be deemed a passive website or service that does not give rise to personal jurisdiction over YNDI, either specific or general, in jurisdictions other than Maine.

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Claims

You agree that regardless of any statute or law to the contrary, any claim or cause of action arising out of or related to use of the Service or this Agreement must be filed within one (1) year after such claim or cause of action arose or be permanently barred.

 

Waiver and Severability of Terms

The failure of YNDI to exercise or enforce any right or provision of these Terms will not constitute a waiver of such right or provision. Any waiver of any provision of these Terms will be effective only if in writing and signed by YNDI. If any provision of these Terms is found by a court of competent jurisdiction to be invalid, the parties nevertheless agree that the court should endeavor to give effect to the parties’ intentions as reflected in the provision, and the other provisions of these Terms remain in full force and effect.

 

Consent to Electronic Communications

By using the Service, you consent to receiving electronic communications from us. These communications may include notices about your account and information concerning or related to the Service. You agree that any notices, agreements, disclosures, or other communications that we send to you electronically will satisfy any legal communication requirements, including that such communications be in writing.

You are solely responsible for all fees charged by your telecommunications service provider or any other service provider related to your use of the Service, including without limitation any SMS / text messaging fees, data charges, and other fees.

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