YOGACALM.ORG WEBSITE VISITOR’S TERMS OF USE AGREEMENT AND PRIVACY POLICY NOTICE
(Including Privacy Policy for Children’s Online Privacy Protection
And “Your Privacy Rights” for California Residents)
Effective and last revised on December 2, 2018
1. AGREEMENT TO WEBSITE VISITOR’S TERMS OF USE
Before accessing STILL MOVING YOGA LLC’s (“STILL MOVING YOGA”) web site at http://YOGACALM.org and/or any of its associated websites including:
http://shop.yogacalm.org,
https://directory.yogacalm.org/,
http://moodle.yogacalm.org/ ,
http://www.constantcontact.com/,
https://www.teachingyogatoseniors.com/,
https://empowerheartmindbody.com,
and http://www.regonline.com
(collectively “YOGACALM.org,”) please read all of the following Website Visitor’s Terms of Use Agreement (“YOGACALM.org TOU”), including the important warnings, restrictions and disclaimers. Whenever the term “access,” “accesses” or “accessing” appears in the YOGACALM.org TOU, it refers to and includes accessing, entering, using, viewing and/or visiting YOGACALM.org. By accessing YOGACALM.org, you (also referred to herein as the “user” or “users”) confirm that you have read and understood, and agree to be bound by, all of the following YOGACALM.org TOU, including the important warnings, restrictions and disclaimers set forth below.
The YOGACALM.org TOU apply to all products and services offered by
If you do not agree to be bound by all of the following warnings, restrictions and disclaimers, please exit YOGACALM.org immediately. You may not use or access YOGACALM.org, or any of its services, content, resources or facilities, if you do not agree to be bound by the YOGACALM.org TOU.
STILL MOVING YOGA may revise and update the YOGACALM.org TOU at any time, and your continued access to or use of YOGACALM.org thereafter shall constitute acceptance of such revised and updated terms. You are obliged to monitor the YOGACALM.org TOU as posted on YOGACALM.org to determine the current terms and conditions of the YOGACALM.org TOU, as they may be changed from time to time. By accessing YOGACALM.org after any such changes, you ratify, approve and agree to be bound by any such changes. If you do not agree to be bound by the current YOGACALM.org TOU, you must exit YOGACALM.org and cease all use of its content, resources and facilities. The YOGACALM.org TOU was last revised on September 26, 2013.
YOGACALM.org is not intended for or directed to users under the age of 18. You may not use YOGACALM.org or any of its content, resources or facilities if you are not of legal age to form a binding contract with STILL MOVING YOGA, or you are a person barred from receiving services or products under the laws of the United States or other applicable jurisdiction. By accessing YOGACALM.org, you acknowledge and agree that you are representing to STILL MOVING YOGA that you are over the age of 18 and you are of legal age to form a legally binding contract, and you are not a person barred from receiving or purchasing services or products under the laws of the United States or other applicable jurisdiction.
IMPORTANT NOTE: The YOGACALM.org TOU incorporates by reference, and is incorporated by reference in, various other terms, conditions and agreements that are applicable to some but not all users, including but not limited to the following documents: the Youth Instructor License Agreement, the Trainer License Agreement, Yoga Calm Class Registration Form and Waiver, the Registration Agreement and the Empower™ Health and Wellness Program enrollment agreements.
2. STILL MOVING YOGA STATEMENT OF PRINCIPLES AND VALUES.
STILL MOVING YOGA is committed to serving the needs of health and fitness students, professionals and enthusiasts. STILL MOVING YOGA operates YOGACALM.org according to the following basic principles and values:
Authenticity: We require YOGACALM.org users to provide their real names to ensure honest and open communication among users.
Professionalism: STILL MOVING YOGA does not, under any conditions, allow the selling of copyrighted material, and reserves the right to remove any unlawful or potentially unlawful posting on YOGACALM.org. If STILL MOVING YOGA, in its sole and absolute discretion, determines that a user or visitor to YOGACALM.org has posted or submitted any communication or content which is unlawful, harmful, threatening, abusive, harassing, defamatory, false, vulgar, obscene, libelous, invasive of another’s privacy, hateful, racist, fraudulent, or otherwise objectionable, then, in addition to any other remedies available at law or equity, STILL MOVING YOGA may permanently revoke such user’s permission to access or use YOGACALM.org.
Intellectual Freedom: STILL MOVING YOGA encourages open and honest communication on every topic of potential interest to YOGACALM.org users.
3. DISCLAIMERS AND CAUTIONARY NOTES.
Consult a Professional. STILL MOVING YOGA and the contributors to YOGACALM.org are not engaged in rendering medical, legal, or other professional advice or other services, and the contents of YOGACALM.org are not intended to take the place of such advice. Please consult a physician or other appropriate professional before using any of the information, advice, goods, services or other resources that you may find on YOGACALM.org or other resources that may be mentioned or made accessible through YOGACALM.org. Please use caution and common sense in evaluating and using this or any other resource on the World Wide Web and the Internet.
Assumption of Risk. All exercise and fitness activities involve some inherent risks of physical and/or emotional injury, damage, disability or, under rare circumstances, death. Even meditation and mindfulness activities may not be entirely risk-free for some individuals. Consultation with a physician or other appropriate health-care professional is highly recommended before commencing any form of exercise, fitness, trauma support, meditation and mindfulness activities. If you make a decision to participate in and/or use any of the products and/or services available at or through YOGACALM.org, you are responsible for seeking and obtaining medical clearance to do so. If you are conducting programs in which others participate, you are responsible for requiring the participants to do the same. If you or others decide to make use of such products and services, whether with or without medical clearance, you and all others are doing so at his or her own risk, including risks of physical and/or emotional injury, damage, disability, or death.
No Endorsement or Guarantee by STILL MOVING YOGA. STILL MOVING YOGA does not endorse, sponsor, or guarantee any of the information, advice, goods, services, or other resources that may be mentioned or made accessible throughout YOGACALM.org. STILL MOVING YOGA does not endorse or sponsor, and is not affiliated with, the advertisers or providers of such information, advice, goods, services, or other resources. Users who post or respond to the postings on YOGACALM.org are not officers, directors, employees, representatives, or agents of STILL MOVING YOGA, and STILL MOVING YOGA disclaims any responsibility or liability for or to such users, and you agree that STILL MOVING YOGA shall have no such responsibility or liability.
No Endorsement or Affiliation with Trainers, Instructors, or Others. Without limiting the foregoing notice, please note the following important caution:
General Disclaimer of Liability. The contents of YOGACALM.org, such as text, graphics, images, audio, and software, including that licensed by STILL MOVING YOGA to permit users to access YOGACALM.org, and any products or services in which any of the foregoing are embodied, are collectively referred to herein as “Content.” Without limiting any of the foregoing notices and disclaimers, please note that YOGACALM.org and the Content are made available without warranties or guaranties of any kind, and STILL MOVING YOGA disclaims any liability for any injury or damage resulting from the use of YOGACALM.org, the Content, and/or any information, advice, goods, services, or other resources that may be mentioned or made accessible through YOGACALM.org.
You acknowledge that in accessing YOGACALM.org, information will be transmitted over local exchange, inter-exchange, and Internet backbone carrier lines and through routers, switches, and other devices owned, maintained, and serviced by third-party local exchange and long distance carriers, utilities, Internet service providers and others, all of which are beyond the control and jurisdiction of STILL MOVING YOGA and its suppliers. Accordingly, STILL MOVING YOGA assumes no liability for or relating to the delay, failure, interruption, or corruption of the Content, or any portion thereof, or any data or other information transmitted in connection with the use of YOGACALM.org.
YOGACALM.org and the Content are provided on an “as is” basis without any warranties of any kind. STILL MOVING YOGA, its licensors, and its suppliers, to the fullest extent permitted by law, disclaim all warranties, either express or implied, statutory or otherwise, including, but not limited to, the implied warranties of merchantability, non-infringement of third parties’ rights, and fitness for any particular purpose. STILL MOVING YOGA, its licensors, and its suppliers make no representations or warranties about the accuracy, reliability, completeness, correctness, or timeliness of the Content. Likewise, STILL MOVING YOGA, its licensors, and its suppliers do not make any warranty that the Content on YOGACALM.org satisfies any applicable laws or government regulations.
In no event shall STILL MOVING YOGA, its licensors, its suppliers, or any third-party mentioned or appearing at YOGACALM.org be liable for any damages whatsoever (including, without limitation, actual, compensatory, incidental and consequential damages, lost profits, or damages resulting from lost data or business interruption) resulting from use or inability to use YOGACALM.org or the Content. This disclaimer applies to any damages or liability based on warranty, contract, tort or any other legal theory, and whether or not STILL MOVING YOGA is advised of the possibility of such damages or liability.
In the event that any error by STILL MOVING YOGA relating to the price of any service or item on YOGACALM.org results in a user paying a price which is higher than the correct price for such service or item, the user’s sole and exclusive remedy shall be entitlement to a refund of the amount paid in excess of the correct price.
4. USER SUBMISSIONS.
Non-Confidential and Non-Infringing. Except as described herein, any communication or material that you post on YOGACALM.org is considered to be non-confidential. You agree that you will not upload or transmit any communication that infringes any patent, trademark, trade secret, copyright, or other proprietary rights of any party. You confirm and acknowledge that, in submitting any communication or material, including, but not limited to, text, graphics, audio, software, and/or images, (collectively the “Submitted Material”) to any part of YOGACALM.org, you agree, represent and warrant that you own the rights in the Submitted Material or have obtained the signed, written permission of the owners of all rights in the Submitted Material, and that you grant to STILL MOVING YOGA a royalty-free, perpetual, irrevocable, worldwide nonexclusive license to use, reproduce, create derivative works from, modify, publish, edit, translate, distribute, perform, and display the Submitted Material alone or as part of other works in any form, media, or technology whether now known or hereafter developed, and to sublicense such rights.
No Unlawful or Objectionable Content. You agree not to use YOGACALM.org to upload, post, e-mail or otherwise transmit any content that is unlawful, harmful, false, threatening, abusive, harassing, defamatory, vulgar, obscene, lewd, lascivious, filthy, excessively violent, libelous, invasive of another’s privacy, hateful, or racially, ethnically or otherwise objectionable.
True Name and E-Mail Address. You further agree that you will provide your true name and e-mail address when transmitting any Submitted Material to YOGACALM.org, and that you recognize that any submissions made under a false name or e-mail address could subject you to liability to STILL MOVING YOGA and/or any other affected third parties.
Suppliers, and Affiliate Organizations. Providers of goods and services whose listings are posted on YOGACALM.org are posted for informational purposes only. STILL MOVING YOGA does not endorse, sponsor, or guarantee any such listing, and STILL MOVING YOGA is not affiliated with the individuals or companies whose listings are posted or the individuals who respond to such listings. No warranty of any kind is made as to the accuracy of such listings, the suitability of such goods, services, and companies, and the qualifications of individuals who may have submitted such material to STILL MOVING YOGA for posting. All users of YOGACALM.org are cautioned to undertake their own independent investigation of any provider of goods and services and to satisfy themselves that they have obtained accurate and complete information and to contact such companies directly.
Blog and Comments. The content of material posted to the Blog and Comments Sections, if any of YOGACALM.org and/or any of its related websites is the opinion of the person submitting the material for posting only, and such material is posted to the Blog and Comments Section of YOGACALM.org only for the purpose of an exchange of opinions. STILL MOVING YOGA does not endorse, sponsor, or guarantee any such postings, and STILL MOVING YOGA is not affiliated in any manner with the persons submitting such comments for posting. No warranty of any kind is made as to the accuracy of such comments. All users are cautioned to undertake their own independent investigation of such material and to satisfy themselves as to the accuracy of such material.
STILL MOVING YOGA’s Right to Edit, Adapt, Remove or Refuse to Post Material. STILL MOVING YOGA reserves the right to edit, adapt, remove or refuse to post any material submitted for posting to the Blog or any webpages on YOGACALM.org in its sole discretion, but STILL MOVING YOGA cannot and does not undertake to investigate or evaluate any such material prior to posting. Accordingly, STILL MOVING YOGA disclaims any responsibility or liability for any material appearing on the Blog or any webpages on YOGACALM.org, and you agree that STILL MOVING YOGA shall not have such responsibility or liability.
No Postings in Violation of Law. STILL MOVING YOGA strongly cautions all users of YOGACALM.org against posting material which infringes upon the copyright, trademark, privacy, or any other right of any third party, or which violates any local, state, or federal law. As an YOGACALM.org user, you agree to indemnify, defend and hold harmless STILL MOVING YOGA and its officers, directors, employees, and agents against any liability arising from your posting of any material on YOGACALM.org.
Other Prohibited Conduct. You agree not to access YOGACALM.org for any purpose except those specifically authorized by STILL MOVING YOGA. You agree not to engage in any activity or conduct that results, whether directly or indirectly, in the disruption or interruption of YOGACALM.org; the interference with access and/or use of YOGACALM.org by other users; the addition, deletion and/or modification of YOGACALM.org; the collection, recording, storage, and/or use of personal data about other YOGACALM.org users; the breach, or attempt to breach, the security and/or authentication features of YOGACALM.org; the modification, reverse engineering, decompilation, decoding, disassembly or otherwise accessing of the source code used by STILL MOVING YOGA in connection with YOGACALM.org; the use of YOGACALM.org to send unsolicited communications, whether personal or commercial in nature; the use of YOGACALM.org as a pseudonymous return e-mail address; and/or the registration or use of any domain name or keyword that contains or is confusingly similar to STILL MOVING YOGA and/or any trademarks owned by STILL MOVING YOGA. Without limiting the foregoing, and by way of example only, the user may not introduce any viruses, Trojan horses, worms, spyware, or other software of any kind whatsoever, or engage in “flooding,” “spamming,” “spoofing,” “mail bombing,” “crashing,” or the forgery of any information that states or suggests a false affiliation or origin of emails and other electronic matter.
E-Mail. STILL MOVING YOGA will use e-mail to inform you of (i) new benefits and features associated with YOGACALM.org, (ii) any problems with YOGACALM.org, and (iii) special opportunities for e-mail account holders to purchase products and services that are appropriate to the interests of YOGACALM.org users.
STILL MOVING YOGA’s Right to Edit or Remove Content. The opinions and views expressed by YOGACALM.org users do not necessarily represent those of STILL MOVING YOGA. In addition, STILL MOVING YOGA does not endorse, verify or support the content of such opinions or views. Users are solely and fully responsible for any content that they transmit via YOGACALM.org. However, STILL MOVING YOGA is the final arbiter of what is and is not permissible for inclusion in or attachment to e-mail transmitted via, or stored on, YOGACALM.org. STILL MOVING YOGA also reserves the right to edit, modify, or remove any content, (including but not limited to text, images, and sound files) submitted to, or transmitted via, YOGACALM.org and to cancel any e-mail account, at any time, for any reason without prior notice.
No Obligation to Maintain Backup Copies. STILL MOVING YOGA is not obligated to maintain backup copies of any material submitted to or transmitted via YOGACALM.org.
STILL MOVING YOGA’s Right to Terminate User’s Account. STILL MOVING YOGA reserves the right to terminate any user’s account if such user’s content or material stored or transmitted via YOGACALM.org violates any of the YOGACALM.org TOU. Actions or activities which may result in immediate termination of your e-mail account include, but are not limited to, (i) transmission or storage of material containing nudity or pornography, or material of a lewd or obscene nature, or any other material which violates local, state or federal law, (ii) any transmission or storage of material which violates or infringes in any way upon the proprietary or intellectual property rights of others, including, without limitation, copyrighted software which is distributed illegally, “MP3” files of copyrighted music, copyrighted photographs, text, video, artwork, or any other materials which infringe upon a third party’s copyright, trademark or other intellectual property right, or (iii) any transmission or storage of any material that it threatening, abusive, harassing, defamatory, profane, fraudulent, racist, indecent, vulgar, invasive of privacy or publicity rights, or is otherwise objectionable.
STILL MOVING YOGA also reserves the right to terminate your account in the event you post content that promotes or encourages, or provides instructional information about, illegal activities such as hacking, cracking, storing or transmitting any software, information, or other material that contains a virus, corrupted data, or any other harmful or damaging component.
The personal profile information you submit to access YOGACALM.org may be used by STILL MOVING YOGA for internal marketing to its users. STILL MOVING YOGA reserves the right to release current or past user information in the event that STILL MOVING YOGA, in its sole discretion, believes, or has reason to believe, the YOGACALM.org e-mail service is being used in violation of the YOGACALM.org TOU or in violation of any local, state or federal law. By utilizing YOGACALM.org’s e-mail service, you consent to disclosure of any record or communication you have sent to any third party when STILL MOVING YOGA, in its sole discretion, determines such disclosure to be appropriate.
IN NO EVENT WILL STILL MOVING YOGA be liable for any damages including, without limitation, direct, indirect, incidental, special, consequential or punitive damages arising out of the use of or inability to use any portion of the Content available at YOGACALM.org. This disclaimer applies, without limitation, to any damages or injury arising from STILL MOVING YOGA’s removal or deletion of any materials or records, breach of contract, tort, or any failure of performance, error, omission, interruption, deletion, transmission, defect, delay in operation or transmission, computer virus, file corruption, communication-line failure, network or system outage, theft, destruction, or unauthorized access to, alteration of, or use of any record.
5. STILL MOVING YOGA’S INTELLECTUAL PROPERTY RIGHTS – USE OF CONTENT; COPYRIGHT.
Upon acceptance of the YOGACALM.org TOU, STILL MOVING YOGA authorizes you to view the material on YOGACALM.org solely for your personal, noncommercial use. The Content is protected by copyright under both United States and foreign laws. Under no circumstances will your access to, or use of, YOGACALM.org result in you or any other user obtaining any right, title or interest in the Content, or any portion thereof. Unauthorized use of the Content may violate copyright, trademark, and other laws. Except as expressly provided otherwise, no portion of the Content may be reverse-engineered, disassembled, decompiled, reproduced, transcribed, downloaded, stored in a retrieval system, translated into any language or computer language, retransmitted in any form or by any means (electronic, mechanical, photo reproduction, recordation or otherwise), resold or redistributed without the prior written consent of STILL MOVING YOGA.
Other than printing one or more pages of YOGACALM.org for your personal, non-commercial use, you are not allowed to print any pages or screens from YOGACALM.org. You are also not permitted to download individual images or text items for local storage and distribution. The Content may not be distributed in a generally accessible (public) web site without the prior written consent of STILL MOVING YOGA, which may be withheld in STILL MOVING YOGA’s sole and absolute discretion.
Linking. You are currently permitted and encouraged to link to YOGACALM.org from your own home page. However, STILL MOVING YOGA reserves the right to require that you complete and comply with a Linking Agreement. Any such requirement, if and when adopted, will be described in this section of the YOGACALM.org TOU.
Change in Content. The Content is subject to change without notice at the sole, editorial discretion of STILL MOVING YOGA.
Termination of Right to Use or View Content. If you violate any of the YOGACALM.org TOU, your permission to access or use YOGACALM.org may be terminated at the sole discretion of STILL MOVING YOGA.
Copyrights and Trademarks of STILL MOVING YOGA. STILL MOVING YOGA reserves all rights under copyright, trademark, and other applicable law in the Content and in the trademarks and service marks of STILL MOVING YOGA, including but not limited to EMPOWER™ Health and Wellness Program. Any other copyrighted or trademarked material that may appear at or through YOGACALM.org is used either by permission of the copyright and trademark owners or for purposes of reporting and commentary pursuant to the Fair Use Doctrine under U.S. copyright law. In any event, no endorsement or sponsorship by, or affiliation with, any third parties is expressed or implied.
Notice and Procedure for Making Claims of Copyright Infringement.
STILL MOVING YOGA will investigate notices of copyright infringement and take appropriate actions under the Digital Millennium Copyright Act, Title 17, United States Code, Section 512(c)(2) (“DMCA”). Pursuant to the DMCA, written notification of claimed copyright infringement must be submitted to the following:
Name of Agent Designated to Receive Notification of Claimed Infringement on Behalf of STILL MOVING YOGA: Jonathan Kirsch, Esq.
Full Address of Designated Agent to Which Notification to STILL MOVING YOGA Should Be Sent: Law Offices of Jonathan Kirsch, 1880 Century Park East, Suite 515, Los Angeles, CA 90067
Telephone Number of Designated Agent: (310) 785-1200
Facsimile Number of Designated Agent: (310) 286-9573
Email Address of Designated Agent: jk@jonathankirsch.com
To be effective, the Notification must include the following:
1. A physical or electronic signature of a person authorized to act on behalf of the owner of an exclusive right that is allegedly infringed;
2. 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;
3. Identification of the allegedly infringing material and information reasonably sufficient to permit the service provider to locate such allegedly infringing material;
4. Information reasonably sufficient to permit the service provider to contact the complaining party, such as an address, telephone number, and, if available, an e-mail address at which the complaining party may be contacted;
5. 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
6. A statement under penalty of perjury that the information in the notification is accurate, and that the complaining party is authorized to act on behalf of the owner whose right is allegedly infringed.
It is STILL MOVING YOGA’s policy to terminate usage rights and accounts of users it determines to be repeat copyright infringers.
6. ADVERTISEMENTS.
YOGACALM.org contains advertisements by third parties, and these advertisements may contain links to other web sites. Unless otherwise specifically stated, STILL MOVING YOGA does not endorse any product or service or make any representation regarding the content or accuracy of any materials contained in, or linked to, any advertisement on YOGACALM.org.
7. LINKS TO AND ACCESS THROUGH OTHER SITES.
YOGACALM.org may contain links to third-party web sites. Some information and content that you may elect to submit to STILL MOVING YOGA, including but not limited submission of training videos, online registration, and e-commerce transactions, maybe submitted through third-party sites, such as, by way of example, Reg Online and YouTube. Any such links and/or access are provided solely as a convenience to you. STILL MOVING YOGA is not responsible for the content of any such third party sites, and does not make any representations regarding the content or accuracy of any materials on such third-party web sites. If you access any linked third-party web site, and/or if you submit information and/or content to STILL MOVING YOGA through third-party sites, you do so at your own risk. Your use of third-party web sites is subject to the terms and conditions of use and privacy policies for those sites.
8. CERTIFIED YOUTH INSTRUCTOR MEMBERSHIP BENEFITS. The following provisions apply to the Certified Youth Instructor Benefits Card (“Benefits Card”), which is a membership benefit available to Certified Youth Instructors in good standing.
The Benefits Card is non-transferable and may be used only by the individual whose signature appears on the card. STILL MOVING YOGA and its approved partners, sponsors, or other relevant third parties may request for proper identification with regard to discount card transactions.
Discount cannot be combined with any other promotion or discount offers, gift certificates, special order merchandise or rental fees, unless otherwise noted. Discount is valid only at listed locations, unless otherwise noted and may not be applied retroactively to any prior purchases. Discount is valid online only when stated.
STILL MOVING YOGA reserves the right to amend, cancel, modify or restrict the Benefits Card program and/or change to change the rules, regulations, benefits, or conditions of the membership program, at any time without prior notice. STILL MOVING YOGA also reserves the right to withdraw, suspend or terminate any Benefit Card, and may refuse to re-issue or replace any Benefit Card on reasonable grounds. Reasonable grounds shall include (a) any abuse or attempted abuse of the Benefits Card, or (b) any use or attempted abuse of a Benefits Card otherwise than in accordance with these terms and conditions, or (c) any reasonable suspicion of dishonesty on the part of the cardholder in connection with use of the Benefits Card.
Participating businesses may be added or removed at any time without prior notice. Participating businesses may change their deal or offer at any time without prior notice. In the rare case that a participating business does not accept the Benefit Card, STILL MOVING YOGA cannot be held responsible.
STILL MOVING YOGA and its approved partners, sponsors, and other relevant third parties make no guarantees, warranties or representations of any kind concerning Benefit Card discounts. All discounts from participating merchants are void where prohibited by applicable federal, state or local laws or regulations and are subject to change as may be necessary to comply with such laws or regulations. You release STILL MOVING YOGA and its approved partners, sponsors, and other relevant third parties from all liability regarding the use of discounts as part of the Benefits Card program, including any goods that may be lost, stolen or destroyed. All participating merchants are in no way affiliated with or responsible for Benefits Card administration. STILL MOVING YOGA assumes no responsibility for any verbal or written representation(s) made in conjunction with the Benefits Card by any third party unless specifically included in this YOGACALM.org TOU or on website.
The Benefit Card is the property of STILL MOVING YOGA. If found please return to
STILL MOVING YOGA at 10040 SW 25th Ave Portland, OR 97219.
9. OTHER TERMS OF USE
Release of SMY. The Participant acknowledges and agrees that SMY is not responsible or liable in any manner whatsoever for any act or omission of any instructor who may utilize the products and services available at or through YOGACALM.org, and/or any of such instructor’s employees, contractors, lessors, vendors, agents or other related parties, whether in connection with such products and services, and/or any equipment or materials used in connection with such instruction.
General Release and Waiver of Claims. In consideration of the user being permitted to use the products and services available at or through YOGACALM.org, and to the fullest extent permitted by law, you, by accessing and/or making use of any such products and services, voluntarily release, waive, discharge and give up, in advance of any such access and/or use, any claims and causes of action of any and all kind whatsoever that Participant may be entitled to assert against SMY, its employees, contractors and agents, and any of their respective shareholders, members, directors, officers, employees, contractors, lessors, vendors, agents, collaborators or other related parties, as applicable, and releases all of the foregoing persons from any and all liability for injury (whether physical, emotional, mental, or otherwise), death, damage, and/or loss suffered making any use of such products and services, engaging in any activities incidental thereto, wherever, whenever, or however the same may occur, which result from the ordinary negligence of those released in the TOU, and from any and all claims based on your privacy or publicity rights.
Indemnity. You agree to defend, indemnify and hold STILL MOVING YOGA, its officers, directors, employees, agents, shareholders, partners, affiliates, licensors, and/or suppliers, harmless from and against any claims, actions, demands, liabilities and settlements, including, without limitation, reasonable legal and accounting fees, resulting from, or alleged to result from, your use of YOGACALM.org and/or its Content. STILL MOVING YOGA shall provide notice to you promptly of any such claim, suit, or proceeding and shall reasonably cooperate with you, at your expense, in your defense of STILL MOVING YOGA against any such claim, suit or proceeding.
Jurisdiction and Applicable Law. You expressly agree and consent to the exercise of personal jurisdiction in the state or federal courts located in Portland, OR (USA) in connection with any dispute or claim relating to the YOGACALM.org TOU and/or YOGACALM.org involving you, STILL MOVING YOGA or its affiliates, subsidiaries, employees, shareholders, contractors, officers, directors, telecommunication providers, and content providers. The YOGACALM.org TOU are governed by the laws of the State of Oregon without respect to its conflict of laws principles. If any provision of the YOGACALM.org TOU is found to be invalid by any court having competent jurisdiction, the remaining provisions of the YOGACALM.org TOU shall remain in full force and effect. No waiver of any of the YOGACALM.org TOU shall be effective unless it is in writing. You also acknowledge that any written waiver, unless expressly provided for otherwise, shall not be deemed a further or continuing waiver of such term or condition or any other term or condition.
Complete Agreement. Except as expressly provided in a particular “legal notice” on YOGACALM.org, or as otherwise expressly provided by STILL MOVING YOGA in writing, the YOGACALM.org TOU constitute the entire agreement between you and STILL MOVING YOGA with respect to your use of YOGACALM.org and/or the Content. If you are not willing to be bound by the YOGACALM.org TOU, please exit YOGACALM.org now.
No Refunds. Except as expressly set forth in STILL MOVING YOGA’s Policy on Cancellation, Credit Memo, Transfer Fee and Returned Merchandise (see below), no refunds are available.
In the event that any error by STILL MOVING YOGA relating to the price of any service or item on YOGACALM.com results in a user paying a price which is higher than the correct price for such service or item, the user’s sole and exclusive remedy shall be entitlement to a refund of the amount paid in excess of the correct price.
STILL MOVING YOGA’s Policy on Cancellation, Credit Memo and Returned Merchandise. In the event that STILL MOVING YOGA cancels a course or training, you will be notified by phone and in writing as soon as it is practical under the circumstances. In such case, you would be entitled to a full refund, less any merchandise (including shipping and handling charges) you may choose to keep. Under no circumstances will STILL MOVING YOGA be liable for reimbursement of expenses incurred by you, if STILL MOVING YOGA notifies you or makes every reasonable effort in good faith to notify you prior to the date of the course or training. Notwithstanding the foregoing, if STILL MOVING YOGA cancels or postpones a course or training due to inclement weather, force of nature or any act of God, STILL MOVING YOGA reserves the right to reschedule another similar course or training at a convenient venue closest to the original location, within twelve months from the date of such cancellation or postponement. No refund will be due, and STILL MOVING YOGA will not be liable for any consequential loss resulting from such cancellation or postponement.
In the event that you notify STILL MOVING YOGA that you wish to cancel your course or training registration, a credit memo, which represents a credit in your account with STILL MOVING YOGA, will be issued for cancellation of your original registration. Under STILL MOVING YOGA’s no refund policy, only a credit memo may be issued. A credit memo does not represent a refund, or a potential refund, but a credit with STILL MOVING YOGA, which may be applied towards another STILL MOVING YOGA course or training or merchandise for up to one year from the original registration date or the date of the original order for merchandise.
PRIVACY POLICY NOTICE
(Including Privacy Policy for Children’s Online Privacy Protection and “Your Privacy Rights for California Residents)
Effective and last revised on December 2, 2018
IMPORTANT NOTICE TO EUROPEAN UNION RESIDENTS
The websites to which this Privacy Policy applies (as shown below) are designed and operated to comply with the applicable laws of the United States only. The websites are not intended for use by residents of the European Union. If you are a resident of the European Union or any other country whose laws governing privacy and/or website operations differ from those of the United, please exit immediately.
http://YOGACALM.orghttp://shop.yogacalm.org,
https://directory.yogacalm.org/,
http://moodle.yogacalm.org/ ,
http://www.constantcontact.com/,
https://www.teachingyogatoseniors.com/,
https://empowerheartmindbody.com,
and http://www.regonline.com
Collection and Sharing of Your Information. Our primary goal in collecting personal information is to enable us to provide you, the user, with a customized experience within YOGACALM.org. We conduct research on our users’ demographics, interests, and behavior based upon the information you provide us at registration, during a promotion, or from surveys, as well as information generated by or maintained in our server log files. We do this to better understand and serve our users. Our research is compiled and analyzed on an aggregated basis, and, occasionally, we share this aggregated data with advertisers or business partners.
When you become a registered user of YOGACALM.org, post materials, and/or make a purchase we may ask you for certain personal information such as your name, address, e-mail address and/or credit card number in order to establish or manage your account, process your order, administer the challenge or promotion, or send you e-mails. Providing personal information in these instances is solely your choice; you do not need to provide such information to browse YOGACALM.org as a visitor.
If you have become a registered user of STILL MOVING YOGA, provided us with your email address or communicated with us electronically, we may contact you from time to time via email with information about membership, events, products or services we are introducing, or those of approved third parties we feel you may find useful.
Classes and workshops for children and teens are accessible to the public at www. YOGACALM.org. It allows interested parties – including potential clients and employers – to find classes and workshops taught by Certified Youth Instructors. The event, date, location, and registration information is limited to the information you provide. A Certified Youth Instructor may choose to completely remove all information from the Classes and Workshops page by contacting STILL MOVING YOGA at info@yogacalm.org.
We will not sell or trade your personal information to any list broker or direct mail advertisers unless you specifically give your consent to STILL MOVING YOGA to do so. However, we do reserve the right to sell or trade your name and E-mail address to other companies, institutions, organizations or web sites which provide content, products, or services in the publishing industry. We also reserve the right to share your name, E-mail address and other publishing-related information with other companies, organizations, institutions or web sites which provide content, products or services in the publishing industry.
We use an outside shipping company to ship orders, and a credit card processing company to bill users for goods and services. These companies do not retain, share, store or use personally identifiable information for any secondary purposes.
YOGACALM.org may contain links to third-party web sites. Some information and content that you may elect to submit to STILL MOVING YOGA, including but not limited submission of training videos, online registration, and e-commerce transactions, maybe submitted through third-party sites, such as, by way of example, Reg Online and YouTube. Your use of any such third-party web sites is subject to the terms and conditions of use and privacy policies for those sites.
There may be occasions when we are required by law, legal process, litigation and/or requests from public or governmental authorities to provide access to our databases, or to disclose information about you. We may also disclose information about you if we determine that disclosure is reasonably necessary to protect our operations or users, or to enforce our terms and conditions. In those instances, the information is provided only for that purpose.
You agree that, in the event that STILL MOVING YOGA is acquired by, merges with, or becomes aligned with another company or organization, such other company or organization shall be entitled to use your personal information under the YOGACALM.org TOU.
Offers for Services by Third Parties on YOGACALM.org. STILL MOVING YOGA may sometimes permit third parties to offer subscription and/or registration-based services through YOGACALM.org. In this event, STILL MOVING YOGA is not responsible for any actions or policies of such third parties, and you, the user, should check the applicable privacy policy and other terms and conditions of such parties before providing any personal information.
Communications from Third Parties. STILL MOVING YOGA provides each Certified Youth Instructor (“Instructor”) access to benefit programs featuring products and services that are useful and important to the Instructors, such as discounts on yoga products and yoga business tools. To provide access to such Instructor benefits and communicate important information about them, STILL MOVING YOGA may provide Instructor’s postal or email address to Instructor benefit program partners and sponsors. STILL MOVING YOGA may also provide member contact information to other third parties approved by STILL MOVING YOGA as offering products or services relevant and useful to Instructors. The content of any third party communications will be pre-approved by STILL MOVING YOGA.
If you do not want STILL MOVING YOGA to share your postal or email address with any of its approved partners, sponsors, or other relevant third parties, please send an email to support@yogacalm.org. You must state your request along with your first and last name, email and postal address and phone number. All requests will be processed by STILL MOVING YOGA within 30 days.
Cookies. STILL MOVING YOGA may employ “cookie” technology to keep track of a user’s current session and to keep track of user information between visits. Cookies are small text files stored on your computer that a web site can use to recognize repeat users and to facilitate each user’s ongoing access to and use of a web site. Generally, cookies work by assigning a unique number to the user that has no meaning outside of the assigning site. You should be aware that STILL MOVING YOGA cannot control the use of cookies by advertisers or third parties hosting data for STILL MOVING YOGA.
Opt Out Procedure. You have the option to opt out of receiving information via email from STILL MOVING YOGA and YOGACALM.org. An opt out or unsubscribe message will appear at the bottom of every email that is sent out. If you no longer wish to receive email messages or any form of direct contact from YOGACALM.org, please contact us using the opt out procedure indicated in the opt out message, or call (503) 977-0944, or complete and submit a contact form to https://www.yogacalm.org/contact/.
Security. If you provide credit card and other financial information in connection with the online purchase of goods and services from STILL MOVING YOGA, such information shall be used by STILL MOVING YOGA (and/or third-party services engaged by STILL MOVING YOGA) only for the purpose of processing the payments and will not be maintained on file by STILL MOVING YOGA. We have installed encryption software to safeguard all of the commerce related (i.e. credit card and billing address) information you send to us. However, profile information that you submit in registering with YOGACALM.org is not encrypted or secured in any way. All information is stored on our servers in a secure location. It is important for you to protect against unauthorized access to your password and to your computer. If your password is compromised, please contact us immediately by calling (503) 977-0944 or by completing and submitting our contact form at https://www.yogacalm.org/contact/
Privacy Precaution Warning. Please note that no data transmission over the Internet is 100% secure. As a result, we cannot guarantee the security of the information that you transmit via our online services.
Reviewing or Changing Your Information. Once you have registered with YOGACALM.org, you will not be able to delete records of your activity or usage of YOGACALM.org from our database. You will, however, be able to review, update or change your personal information on file with STILL MOVING YOGA. To review, update or change your personal information, please contact us at (503) 977-0944.
Children’s Online Privacy Protection Policy. YOGACALM.org is not intended for or directed to users under the age of 18, and we do not knowingly or intentionally collect personally identifiable information from children under the age of 13 or other minors. Where appropriate, we take reasonable measures to determine that our users are adults of legal age and to inform minors not to submit such information to YOGACALM.org or in response to advertisements. If you are concerned that personal information regarding a child under the age of 13 or other minor may have been inadvertently provided to or collected by STILL MOVING YOGA, please contact us immediately by calling (503) 977-0944 or by completing and submitting our contact form (click here for contact form), so that we may take appropriate steps to remove such information from our database.
Responsibilities of Instructors and Licensed Institutions. Some products and services available on or through YOGACALM.org are licensed to third parties, such as instructors and educational institutions, for use in the programs offered by these licensees to their students, some of whom may be children. Under these licenses, users under the age of 18 may be given an opportunity to access and use YOGACALM.org. Under such circumstances, it is the responsible of the licensee alone to secure verifiable consent of the parent or legal guardian of any user who is a minor and to otherwise comply with all applicable laws regarding children’s online privacy protection.
In our continuing effort to protect the privacy interests of our users, we encourage you to voice your privacy concerns. If you have any questions or concerns about our Privacy Policy, please call (503) 977-0944 or communicate with STILL MOVING YOGA by completing and submitting our contact form at https://www.yogacalm.org/contact/
Your Privacy Rights (California Residents)
Online Privacy Protection Policy for California Residents
(“Shine the Light” Law)
California’s “Shine the Light” law (Cal. Civ. Code Sections 1798.80, et seq.) provides California residents with the right to receive certain disclosures when personal information that has been collected online is shared with third parties for direct-marketing purposes.
If you are a California resident and you provided personal information to YOGACALM.org in the past, and/or if you do so in the future, you are entitled to submit a request in writing to STILL MOVING YOGA for a description of the information we may have provided to third parties. To submit your written request, please send it to us using our contact form (click here for contact form) and put the following words in the subject line of the email: “California Privacy Request.”
Within 30 days after receipt of your request, we will send you a list of the categories of personal information disclosed to third parties during the immediately preceding calendar year, along with the names and addresses of the third parties who actually received such information, if any. We reserve our right not to respond to requests sent more than once in a calendar year.
Please note that the California “Shine the Light” law does not cover all categories of information that may be collected and disclosed or shared, and our policy relates only to information covered by the law.
