Last updated: May 10, 2019
A La Carte Yoga (the “Company”) maintains the Website located at www.alacarteyoga.com (the “Website”, the “Service”).
Please read these Terms of Use (“Terms”, “Terms of Use”) carefully before using the www.alacarteyoga.com website operated by A La Carte Yoga (“us”, “we”, or “our”).
Your access to and use of the Service is conditioned on your acceptance of and compliance with these Terms. These Terms apply to all visitors, users and others who access or use the Service.
By accessing or using the Service you agree to be bound by all of the following Terms. If you disagree with any part of the terms then you may not access the Service.
Intellectual Property
As between you and the Company, Company owns, solely and exclusively, all right, title and interest in and to the Website and all content including audio, photographs, illustrations, graphics, video, software, date and materials theron (collectively, the “Content”), the look and feel of the Website, the compilation of the Content on the Website, and any intellectual property rights therein. Your use of the Website does not grant you ownership of any Content you may access on this Website.
You may download the Content displayed on the Website for you non-commercial use only. You may not remove or alter any intellectual property legends or notices contained on the Content. You may not distribute, modify, transmit, reuse, repost, or make derivative works using any of the Content for commercial purposes.
Submission of Content
Users who provide content to Company for the Website are granting Company a non-exclusive, perpetual, worldwide, irrevocable license to use such content. In most cases, Company will only use this content on its Website, but Company reserves the right to use this content in other ways, such as using it to make derivative works which may be commercially exploited by the Company. You agree that Company may use your content for these purposes without making any payments to you. If you are not willing to grant Company these rights, please do not contribute to our Website.
Please make sure that any content you contribute does not infringe on the intellectual property rights of any third party. For example, if you upload a drawing or photo, please make sure that you are the creator the work. Do not contribute content to which you don’t own the rights.
Please also remember to exercise good judgement when contributing written material or other content. In the Company blog, for example, the Company prohibits comments that are offensive or objectionable to others, that use inappropriate language, or that are off-topic. We reserve the right to edit or delete user comments or content in a manner consistent with our mission and policies. Please do not insert your own or a third party’s advertising, branding or other promotional content into any of your comments or content. Company is not responsible for any of the user generated comments or content that appear on our Website.
Trademarks
The trademarks, logos, service marks and trade names (collectively the “Trademarks”) displayed on the Website or on Content are registered or unregistered Trademarks of the Company and others and may not be used unless authorized by the trademark owner. Nothing contained on the Website should be construed as granting any license or right to use any Trademark without our written permission or that of the trademark owner. Your misuse of any Trademark is strictly prohibited.
Disclaimer of Warranties, Limitation of Liability and Indemnification
All Content and other materials on the Website are provided “as is” without a warranty of any kind, either express or implied, including the implied warranties of merchantibility, fitness for a particular use, and/or non-infringement. The Company assumes no responsibility for damage to your computer or other property resulting from your use of the Website. You understand and agree that any downloading or obtaining of Content and other materials through the Website is done at your own risk. In addition, we disclaim any and all responsibility or liability for the accuracy, reliability, and legality of Content and other materials found on the Website.
IN NO EVENT SHALL COMPANY OR ANY OF ITS EMPLOYEES, AGENTS, OR REPRESENTATIVES BE LIABLE FOR ANY DIRECT, INDIRECT, SPECIAL, INCIDENTAL, CONSEQUENTIAL, EXEMPLARY OR PUNITIVE DAMAGES ARISING FROM, OR DIRECTLY OR INDIRECTLY RELATED TO, THE USE OF, OR THE INABILITY TO USE, THE WEBSITE OR THE CONTENT.
Your use of the Service is at your sole risk. The Service is provided on an “AS IS” and “AS AVAILABLE” basis. The Service is provided without warranties of any kind, whether express or implied, including, but not limited to, implied warranties of merchantability, fitness for a particular purpose, non-infringement or course of performance.
Medical Disclaimer
The Service and Content presented by A La Carte Yoga are for educational purposes only, in no way constitute medical advice, and are not intended to be a substitute for medical advice, diagnosis, or treatment. Always seek the advice of your physician or other qualified health provider with any questions you may have regarding a medical condition. We also advise you to consult with your medical doctor before changing your diet, fitness program, or lifestyle. Never disregard professional medical advice or delay seeking it as a result of your use of site content. We make no guarantees about your experience or results from your use of content and you release A La Carte Yoga, its officers, employees, and consultants of any liability relating to your use.
Do not start a diet or fitness program through the Service if your physician or healthcare provider advises against it. This is particularly true if you (or your family) have a history of high blood pressure or heart disease, or if you have ever experienced chest pain when exercising or have experienced chest pain in the past month when not engaged in physical activity, smoke, have high cholesterol, are obese, or have a bone or joint problem that could be made worse by a change in physical activity. If you experience faintness, dizziness, pain or shortness of breath at any time while exercising you should stop immediately. The transmission and receipt of the Service and any Content therein does not constitute or create a doctor-patient, therapist-patient, or other healthcare professional relationship between you and A La Carte Yoga, or any of its officers, employees, and consultants.
Links To Other Web Sites
Our Website may contain links to third-party web sites or services that are not owned or controlled by A La Carte Yoga.
The Company has not reviewed any of these websites and is not responsible for the content of these websites.
The Company provides these links as a convenience only, and a link does not imply endorsement of, sponsorship of, or affiliation with the linked site by the Company.
A La Carte Yoga has no control over, and assumes no responsibility for, the content, privacy policies, or practices of any third party web sites or services. You further acknowledge and agree that A La Carte Yoga shall not be responsible or liable, directly or indirectly, for any damage or loss caused or alleged to be caused by or in connection with use of or reliance on any such content, goods or services available on or through any such web sites or services.
We strongly advise you to read the terms and conditions and privacy policies of any third-party web sites or services that you visit.
Termination of Access
We may terminate or suspend access to all or part of the Website immediately, without prior notice or liability, in its sole discretion, for any reason whatsoever, including without limitation if you breach the Terms.
All provisions of the Terms which by their nature should survive termination shall survive termination, including, without limitation, ownership provisions, warranty disclaimers, indemnity and limitations of liability.
Indemnity
You agree to defend, indemnify and hold Company and its officers, employees, independent contractors and agents harmless from any and all claims, liabilities, costs and expenses, including reasonable attorneys’ fees, arising in any way from your use of the Website, your placement or transmission of any content or other materials through the Website, or your breach or violation of the law of of these Terms and Conditions. The Company reserves the right, at its own expense, to assume exclusive defense and control of any matter otherwise subject to indemnification by you, and in such case, you agree to cooperate with Company’s defense of such claim.
Jurisdiction
We control and operate the Website from our office in the United States. We do not represent that materials on the Website are appropriate or available for use in other locations. People who choose to access the Website from other locations do so on their own initiative and are responsible for compliance with local laws, if and to the extent local laws are applicable.
Governing Law
These Terms shall be governed and construed in accordance with the laws of United States without regard to its conflict of law provisions.
Any legal action brought against the Company shall be governed by the laws of the State of Massachusetts without regard to its conflicts-of-law rules. Any claim asserted against the Company will be heard and determined in the federal and state courts located in Massachusetts. Users of the Website agree not to commence any litigation relating to the use of any of the Website, except in courts located in Massachusetts.
Our failure to enforce any right or provision of these Terms will not be considered a waiver of those rights. If any provision of these Terms is held to be invalid or unenforceable by a court, the remaining provisions of these Terms will remain in effect. These Terms constitute the entire agreement between us regarding our Service, and supersede and replace any prior agreements we might have between us regarding the Service.
Changes to the Terms and Conditions
We reserve the right, at our sole discretion, to modify or replace these Terms at any time by updating this posting and changing the effective date indicated above. What constitutes a material change will be determined at our sole discretion.
By continuing to access or use our Service after those revisions become effective, you agree to be bound by the revised terms. You should therefore periodically visit this page to review the then current Terms and Conditions to which you are bound. If you do not agree to the new terms, please stop using the Service.
Privacy Policy
Information provided by users to the Company is governed by the Company’s privacy policy. By using the Website, you signify your acceptance of this Privacy Policy. We encourage you to read the privacy policy at your convenience. Click here for the link to our privacy policy.
Contact Information
To contact the Company please email us at rebecca@alacarateyoga.com.