Power Yoga Terms & Conditions of Use Agreement
Last Modified September 27, 2017
Welcome to Power Yoga, Inc.’s (“Power Yoga”) Online Teacher Training website!
Power Yoga’s Online Teacher Training videos and online courses are designed to provide you with high quality instructional yoga videos and education material that provide a further understanding about the philosophy and practice of yoga and give its Members (as defined in Section 1 herein) a platform to interact with other yoga teacher training Members on a routine basis, all for the purpose of deepening your knowledge and understanding of yoga (“Content”). This Website is not directed to any persons less than eighteen (18) years of age.
The Online Teacher Training website (the "Online Teacher Training Website") is owned by Power Yoga. These Terms & Conditions of Use (this “Agreement”) apply to all of the products, services and websites offered by Power Yoga, the mobile or tablet versions thereof, any Power Yoga software, and any applications created by Power Yoga whether available through a social networking site or its subsidiaries or affiliated companies related to the Content (collectively, the "Service"). Please note that the availability of any Power Yoga Apps on a social networking site, mobile or tablet device does not indicate any relationship or affiliation between Power Yoga and such social networking site, mobile or tablet device.
1. Acceptance of Terms
This Agreement sets forth legally binding terms for your use of the Service. By using the Service, you agree to be bound by this Agreement, whether you are a "Visitor" (which means that you simply browse the Service) or you are a "Member" (which means that you have subscribed to the Service as a user). If you do not accept the terms of this Agreement, you should leave the Online Teacher Training Website or other products or services provided by Power Yoga and discontinue use of the Service immediately. We may modify this Agreement from time to time, and such modification shall be effective upon its posting on the Online Teacher Training Website. You agree to be bound by any modification to this Agreement when you use the Online Teacher Training Website after any such modification is posted; it is therefore important that you review this Agreement regularly.
2. General Registration Requirements
If you wish to become a Member, communicate with other Members and otherwise make use of the Service, you must read this Agreement and indicate your acceptance during the registration process. In consideration of your use of the Service, you represent that you are of legal age to form a binding contract and are not a person barred from receiving services under the laws of the United States or other applicable jurisdiction. You also agree to: (a) provide true, accurate, current and complete information about yourself as prompted by the registration form available on the Teacher Training Website or other products or offerings (the "Registration Data") and (b) maintain and promptly update your Registration Data to keep it true, accurate, current and complete. If you provide any information that is untrue, inaccurate, not current or incomplete, or we have reasonable grounds to suspect that such information is untrue, inaccurate, not current or incomplete, Power Yoga reserves the right to suspend or terminate your account and refuse any and all current or future use of the Service (or any portion thereof) at any time. Use of the Service and membership on the Online Teacher Training Website is void where prohibited.
Content through the Service is provided to you “AS IS” for your information and personal use only and may not be downloaded, copied, reproduced, distributed, transmitted, broadcast, displayed, sold, licensed, or otherwise exploited for any other purposes whatsoever without the prior written consent of Power Yoga. Power Yoga reserves all rights not expressly granted in and to the Service and the Content.
You may access Website and Content as available:
- for your information and personal use;
- as intended through the normal functionality of the Power Yoga Service; and
- for Streaming, "Streaming" or "Stream" means a contemporaneous digital transmission of an audiovisual work via the Internet from the Power Yoga Service to a user's device in such a manner that the data is intended for real-time viewing and not intended to be copied, stored, permanently downloaded, or redistributed by the user. Except as provided herein, accessing the Service for any purpose or in any manner other than Streaming is expressly prohibited. When you stream the Content, the resolution and quality of the Content you receive will depend on a number of factors, including the type of device you are using and your bandwidth, which may fluctuate during the course of your viewing. While we strive to provide a quality viewing experience, we make no guarantee as to the resolution or quality of the Streaming Content you will receive.
3. Compatible Devices.
In order to be able to Stream or download Course Materials (as defined below) from the Service and to view the Content on the Service, you will need to use a personal computer, portable media player, or other device that meets the system and compatibility requirements that we establish from time to time and is otherwise capable of interacting with the Service (each such device, a "Compatible Device"). We may change the requirements for Compatible Devices from time to time and, in some cases, whether a device is (or remains) a Compatible Device may depend on software or systems provided or maintained by the device manufacturer or other third parties. As a result, devices that are Compatible Devices at one time may cease to be Compatible Devices in the future.
4. 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 Power Yoga 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 through the Service. Power Yoga 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 Power Yoga videos. Nothing contained on the Online Teacher Training Website or other products or services offered by Power Yoga 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 and activities from Power Yoga, you will not exceed your limits while performing such activity, and you will select the appropriate level of classes 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 Power Yoga, or any person or entity involved with Power Yoga, including without limitation its directors, principals, instructors, independent contractors, employees, agents, contractors, affiliates and representatives.
5. Certification and Disclaimer of Affiliation with Accreditation Body
Upon final completion & approval by Power Yoga Teacher Training Team, individuals will receive a certification of completion from Power Yoga. Upon specific request in writing BEFORE the completion date of the Teacher Training, optional Yoga Alliance CEUs may be available for the course. Please see specific course details as to whether CEU’s may apply for a particular teacher training. The courses offered by Power Yoga are for information purposes only and do not make you eligible for certification by any governing or accreditation body to teach yoga. Power Yoga is not a member of any yoga-related governing or accreditation body and therefore cannot guarantee that the curriculum meets the standards developed by such organizations.
You agree not to hold yourself out as a certified yoga instructor based on completing the course materials provided on the Teacher Training Website or use Power Yoga’s name as a certification or accreditation body for purposes of teaching yoga. Further, you expressly waive and release Power Yoga and its directors, principals, instructors, independent contractors, employees, agents, contractors, affiliates and representatives of any claim arising from or in connection with teaching yoga or a violation of the terms as provided herein.
6. Online Course and Course Materials
The Service will offer online courses in specific areas of study or on a particular topic that can be viewed for a limited period of time (“Online Courses”), subject to the terms and conditions of this Agreement. Power Yoga reserves the right to cancel, interrupt, or reschedule any Online Course or modify its contents. Online Courses offered are subject to the Disclaimer of Warranties and Limitation of Liabilities.
Subject to your payment of any applicable fees (including applicable taxes) to rent or otherwise obtain access to the Online Courses, and your compliance with all of the other terms Power Yoga specifies for the Service, Power Yoga grants you a non-exclusive, non-transferable, limited right and license, so long as the Online Courses are available on the Teacher Training Website, to access, view, use, and display the Online Courses for non-commercial, private use.
As part of the Online Courses, you will be able to interact with instructors during the Viewing Period. Once the View Period has ended, you will no longer have access to the instructors, but you will continue to have access to the Online Courses so long as such courses remain on the Teacher Training Website. For purposes of this paragraph the “Viewing Period” shall mean the period of time that is one (1) year from your payment of the rental fee (“Online Course Fee”) or as specified within the description of the Online Courses, whichever is earlier.
As part of the Online Courses, instructors may provide course materials that you may download from the Teacher Training Website (“Course Materials”). Such Course Materials may only be used for your own personal, non-commercial use. You may not otherwise copy, reproduce, retransmit, distribute, publish, commercially exploit or otherwise transfer any Course Materials, nor may you modify or create derivative works related to such Course Materials.
7. Minimum Age
Power Yoga’s Content is not directed to persons under eighteen (18) years of age, and by providing information about yourself to Power Yoga you are representing that you are eighteen (18) years of age or older. By registering and using this Service, you hereby represent that you are eighteen (18) years of age or older.
8. Member Account, Password and Security
If you register through the Service, you will be required to choose a password and user name, and you may be asked for additional information regarding your account, such as your e-mail address. You are responsible for maintaining the confidentiality of your password and account information, and are fully responsible for all activities that occur under your password or account. You agree to (a) immediately contact poweryoga.zendesk.com notify Power Yoga of any unauthorized use of your password or account or any other breach of security, and (b) ensure that you log out from your account at the end of each session. You may never use another Member's account without prior authorization from Power Yoga. Power Yoga will not be liable for any loss or damage arising from your failure to comply with this Agreement.
9. Prohibited Conduct
You agree not to use the Service to post or otherwise transmit information, data, text, software, music, sound, photographs, graphics, video, messages, tags, or other materials (“Member Materials”) that:
- is patently offensive and/or promotes racism, bigotry, hatred or physical harm of any kind against any group or individual;
- mocks, disparages, denigrates, ridicules, demeans or detests another person or Power Yoga;
- harasses or advocates harassment of another person;
- exploits people in a sexual or violent manner;
- contains nudity, violence, pornography, sexually explicit material or offensive subject matter;
- provides any telephone numbers, street addresses, last names or email addresses of anyone;
- promotes information that you know is false or misleading or promotes illegal activities or conduct that is abusive, threatening, obscene, defamatory or libelous;
- violates any intellectual property or other proprietary right of any third party, including content that promotes an illegal or unauthorized copy of another person's copyrighted work, such as providing pirated computer programs or links to them, providing information to circumvent manufacture-installed copy-protect devices, or providing pirated music or links to pirated music files;
- involves the transmission of "junk mail," "chain letters," or unsolicited mass mailing, instant messaging, "spimming," or "spamming";
- contains restricted or password only access pages or hidden pages or images (those not linked to or from another accessible page);
- furthers or promotes any criminal activity or enterprise or provides instructional information about illegal activities including, but not limited to making or buying illegal weapons, violating someone's privacy, or providing or creating computer viruses;
- solicits passwords or personal identifying information from other Members;
- involves commercial activities and/or sales without Power Yoga’s prior written consent, such as contests, sweepstakes, barter, advertising, and/or pyramid schemes;
- includes a photograph of another person that you have posted without that person's consent or otherwise constitutes an invasion of an individual's privacy or infringement of publicity rights; or
- contains a virus or other harmful component.
10. Security Components
You understand that the Service and software embodied within the Service may include security components that permit digital materials to be protected, and that use of these materials is subject to usage rules set by Power Yoga and/or content providers who provide content to Power Yoga. You may not attempt to override, disable, circumvent or otherwise interfere with any such security components and usage rules embedded into the Service.
11. Proprietary Rights
All materials on the Teacher Training Website or used in connection with the Service, including, without limitation, names, logos, trademarks, images, text, columns, graphics, videos, photographs, illustrations, artwork, software and other elements (collectively, "Material") are protected by copyrights, trademarks and/or other intellectual property rights owned and controlled by Power Yoga or by third parties that have licensed or otherwise provided their material to Power Yoga. You acknowledge and agree that all Materials provided for in the Service are made available for a limited period of time and personal use only. Except as specifically provided herein or elsewhere on the Teacher Training Website, no Material may be copied, reproduced, republished, sold, downloaded, posted, transmitted, or distributed in any way, or otherwise used for any purpose, by any person or entity, without Power Yoga's prior express written permission. You may not add, delete, distort, or otherwise modify the Material. Any unauthorized attempt to modify any Material, to defeat or circumvent any security features, or to utilize the Service or any part of the Material for any purpose other than its intended purposes is strictly prohibited.You agree not to use or launch any automated system, including without limitation, "robots," "spiders," or "offline readers," that accesses the Service in a manner that sends more request messages to the Power Yoga servers in a given period of time than a human can reasonably produce in the same period by using a conventional on-line web browser.
12. Responsibility for Member Materials
You, and not Power Yoga, are entirely responsible for all materials that you post, email, transmit or otherwise make available via the Service. Power Yoga does not control all of the Member Materials posted via the Service and, as such, we do not guarantee the accuracy, integrity or quality of such Member Materials. You understand that by using the Service, you may be exposed to Content that you deem offensive, indecent or objectionable. Under no circumstances will Power Yoga be liable in any way for any Content, including, but not limited to, any errors or omissions in any Content, or any loss or damage of any kind incurred at any time as a result of the use of any Content posted, emailed, transmitted or otherwise made available via the Service.
13. Rejection/Removal of Content
You acknowledge that Power Yoga shall have the right (but not the obligation) in its sole discretion to pre-screen, edit, refuse, or remove any Content or portion thereof that is available via the Service, for any reason. In addition, Power Yoga shall have the right to remove from the Service any Content that violates this Agreement or is otherwise objectionable in the sole discretion of Power Yoga, or to restrict, suspend, or terminate your access to all or any part of the Service at any time, for any or no reason, with or without prior notice, and without liability. Without limiting the foregoing, in no event will Power Yoga be responsible for the behavior, comments or instructions provided by the yoga teachers or other Members using the Service. If you become aware of misuse of the Service by any person, please contact Power Yoga at: poweryoga.zendesk.com.
15. Infringement Policy
Power Yoga reserves the right in its sole discretion to immediately suspend and/or terminate access to the Service or the Teacher Training Website by any user who is alleged to have infringed on the intellectual property rights of Power Yoga or of a third party, or otherwise violated any intellectual property laws or regulations. Power Yoga's policy is to investigate any allegations of copyright infringement brought to its attention. If you have evidence, know, or have a good faith belief that your rights or the rights of a third party have been violated and you want Power Yoga to delete, edit, or disable the material in question, you must provide Power Yoga with all of the following information: (a) a physical or electronic signature of a person authorized to act on behalf of the owner of the exclusive right that is allegedly infringed; (b) identification of the copyrighted work claimed to have been infringed, or, if multiple copyrighted works are covered by a single notification, a representative list of such works; (c) identification of the material that is claimed to be infringed 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 Power Yoga to locate the material; (d) information reasonably sufficient to permit Power Yoga to contact you, such as an address, telephone number, and if available, an electronic mail address at which you may be contacted; (e) a statement that you have 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 (f) a statement that the information in the notification is accurate, and under penalty of perjury, that you are authorized to act on behalf of the owner of an exclusive right that is allegedly infringed. For this notification to be effective, you must provide it to Power Yoga by contacting us at poweryoga.zendesk.com with a return receipt acknowledgement.
16. Member Disputes
You are solely responsible for your interactions with other Members. Power Yoga reserves the right, but has no obligation, to monitor or mediate disputes between you and other Members.
17. Term and Termination
This Agreement shall remain in full force and effect for so long as it is posted on the Teacher Training Website. You may terminate your membership at any time, for any reason, by following the instructions on the Website. Power Yoga reserves the right to terminate your account or your access to the Teacher Training Website or Service immediately, with or without notice to you, and without liability to you, if Power Yoga believes that you have breached any of the terms of this Agreement, furnished Power Yoga with false or misleading information, or interfered with use of the Teacher Training Website or the Service by others.
18. Membership and Access
No Sharing. Members of Power Yoga 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 Power Yoga as fraudulent use of the Teacher Training Website or 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.
Fraudulent Use. Power Yoga reserves the right to cancel any membership it believes has been compromised, or is being used fraudulently, at its own discretion.
19. Billing, Cancellations & Extensions
The Online Course Fee is billed prior to commencing the course. Members are not entitled to a partial refund in the event the Teacher Training is not completed. If a Member is terminated due to a violation of this Agreement, Power Yoga will not reimburse the Member for the remainder of any Online Course, nor will reimbursements be made for cancellations prior to the completion of any Online Courses.
Members may cancel their Online Teacher Training membership through April 28, 2019, but will be charged a $95 administration fee for the cancellation process. After that time, there will be no cancellations or refunds whatsoever. In cases of unforeseen injury or serious documented emergencies, Members can re-enroll and complete the following Online Teacher Training for an administrative fee of $150.
We will not give any extensions, but Members can re-enroll in the next course for an administrative fee of $150. This includes cases of medical emergency, so you will have the option to work on and complete the entire course, but Members will still need to re-enroll and pay the $150 administration fee.
20. Disclaimer of Warranties
YOU AGREE THAT YOUR USE OF THE TEACHER TRAINING WEBSITE OR SERVICE SHALL BE AT YOUR SOLE RISK. THE SERVICE AND THE MATERIALS ARE PROVIDED “AS IS” AND WITHOUT WARRANTIES OF ANY KIND, EITHER EXPRESS OR IMPLIED. TO THE FULLEST EXTENT PERMITTED BY LAW, POWER YOGA, ITS OFFICERS, DIRECTORS, EMPLOYEES, AND AGENTS DISCLAIM ALL WARRANTIES, EXPRESS OR IMPLIED, IN CONNECTION WITH THE SERVICE AND YOUR USE THEREOF. POWER YOGA MAKES NO WARRANTIES OR REPRESENTATIONS ABOUT THE ACCURACY OR COMPLETENESS OF THE TEACHER TRAINING WEBSITE'S CONTENT OR THE CONTENT OF ANY SITES LINKED TO THIS TEACHER TRAINING WEBSITE OR SERVICE AND ASSUMES NO LIABILITY OR RESPONSIBILITY FOR 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 TEACHER TRAINING WEBSITE OR SERVICE, (III) ANY UNAUTHORIZED ACCESS TO OR USE OF POWER YOGA 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 TEACHER TRAINING WEBSITE OR SERVICE, (V) ANY BUGS, VIRUSES, TROJAN HORSES, OR THE LIKE WHICH MAY BE TRANSMITTED TO OR THROUGH THE TEACHER TRAINING WEBSITE OR 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 YOGA FOR TEACHERS WEBSITE OR SERVICE.
POWER YOGA DOES NOT WARRANT, ENDORSE, GUARANTEE, OR ASSUME RESPONSIBILITY FOR ANY PRODUCT OR SERVICE ADVERTISED OR OFFERED BY A THIRD PARTY THROUGH THE TEACHER TRAINING WEBSITE, SERVICE, OR ANY HYPERLINKED TEACHER TRAINING WEBSITE OR FEATURED IN ANY BANNER OR OTHER ADVERTISING, AND POWER YOGA 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.