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Terms and Conditions
Terms of Use
This website (the "Site") is operated by or on behalf of Indigo Spirit Yoga (" Indigo Spirit Yoga") for users 18 years of age or older. Please read these Terms and Conditions of Use ("Terms and Conditions") carefully. These Terms and Conditions, including all documents referenced herein, represent the entire understanding between Indigo Spirit Yoga and you regarding your use of this Site and supersede any prior statements or representations. The Site's Privacy Policy is incorporated into these Terms and Conditions by reference and is made a part hereof.
Access to and use of this Site is subject to all applicable laws and regulations. To the extent that access, or use of this Site would be deemed illegal by governing law, such access or use is prohibited. BY VISITING ANY AREA ON THE SITE, YOU AGREE TO THESE TERMS AND CONDITIONS. IF YOU DO NOT AGREE, DO NOT CLICK ON THE BUTTON, WITH INDIGO SPIRIT YOGA, OR OTHERWISE USE THE SITE. As long as you comply with these Terms and Conditions and any modifications hereto as permitted below, Indigo Spirit Yoga grants you a personal, non-exclusive, non-transferable, non-sublicensable, limited privilege to enter and use the Site.
Use of Materials
Materials on this Site (including those streamed or downloaded from the Site), including but not limited to software, images, text, graphics, music, videos, long form programs, user interfaces, logos and trademarks, along with the overall "look and feel" of the Site (collectively referred to as the "Material"), are owned or licensed by Indigo Spirit Yoga and are protected under various intellectual property laws.
Except as otherwise indicated on this Site, copying, reproduction, uploading, downloading, transmitting or any other use of the Material, in whole or part, without the express written permission of Indigo Spirit Yoga, is prohibited. However, if you have an Account (described below) with Indigo Spirit Yoga, you may, copy, reproduce, download, transmit and/or print individual pages contained on this Site and stream and/or download digital class videos for your personal, non-commercial use, provided you agree not to conceal, remove or alter any trademark, copyright or other notice contained on: (i) this Site; (ii) any of the Material; or (iii) any such individual pages so copied, reproduced, downloaded, transmitted or printed or digital class videos streamed or downloaded. Or, if you are a member of the press, you may access, download and use photographs available for press purposes for your press publications provided you do not conceal, remove or alter any trademark, copyright or other notice printed on or accompanying such photographs. Your use hereunder does not grant you any ownership rights to such Material and Indigo Spirit Yoga and its licensors reserve all rights to such Material. You may not reverse engineer, decompile, disassemble, or modify any Material, or copy, reproduce, download, transmit and/or print substantial portions of this Site or the Material contained hereon without the express written permission of Indigo Spirit Yoga. Any unauthorized use of this Site and/or the Material may subject you to criminal prosecution and/or civil liability under applicable law.
Health and Safety Disclaimer
Always seek the advice of your physician or other qualified health professional before starting or changing any exercise program or making a lifestyle change. This is particularly important if you are overweight, pregnant, nursing, regularly taking medications, or have any existing medical conditions. Do not delay seeking a diagnosis or any medical advice or treatments based on information contained on this Site or in any of the Material available here. This Site is not intended to provide medical advice or make medical diagnoses. The Material on this Site may not be tailored to match your energy, health or fitness level. If you are concerned about whether any exercises identified on this Site or in any of the Material are right for you, do NOT do them unless and until you have cleared it with your physician. The Material available on this Site involves rigorous exercise. Make sure you exercise in a large well-lit area that is free from obstacles and that you wear comfortable clothing that doesn't inhibit movement. Stop exercising and consult your physician if you feel dizzy, faint, light-headed or if you experience any discomfort. Only you can monitor your condition during your workout. You are responsible for exercising within your limits and seeking attention and advice as appropriate. Never force or strain. You should stretch before any workout and cool down afterwards. Your failure to warm-up, cool down and stretch properly can result in personal injury. Avoid alcohol and or heavy meals for 2 hours before workouts. Drink fluids (preferably water) before, during and after workouts. The creators, owners and distributors of this Site and the Material available hereon are not responsible for any injuries you may experience as a result of your use of this Site and the Material contained hereon. By remaining on this Site and/or accessing and / or using any Material, you are accepting that you have read, understood and agreed to follow these basic instructions.
Participate at your own risk.
Privacy
Please see Indigo Spirit Yoga's Privacy Policy for information concerning the collection and use of Personally Identifiable Information from this Site.
Links
This web site contains links to other sites. Please be aware that we are not responsible for the content or privacy practices of such other sites. We encourage our users to be aware when they leave our site and to read the privacy statements of any other site that collects personally identifiable information.
If you feel that we are not abiding by this privacy policy, you should contact us immediately via telephone or via email*.
Due to the spam filtering and the lack of reliability of email, Indigo Spirit Yoga cannot guarantee that we will receive your email request. If you are emailing us regarding this privacy policy, please make the subject of your email “Indigo Spirit Yoga PRIVACY REQUEST".
Additional or Different Terms
Certain pages or sections of this Site may contain terms and conditions of use which are in addition to or different from these Terms and Conditions. For example, certain Promotions or content that is designated as "premium" or "special" content may only be made available to users of the Site that consent to Indigo Spirit Yoga's sharing of their Personally Identifiable Information with the sponsors of such Promotions and/or advertisers appearing on such content pages. In the event that there is a conflict between such additional and/or different terms and conditions of use and these Terms and Conditions, the additional and/or different terms and conditions of use will govern with respect to those specific pages or sections to which they apply.
Indemnify
You agree to indemnify, defend and hold harmless Indigo Spirit Yoga, its parent, subsidiary and affiliated entities, and each of their respective owners, officers, directors, employees and agents from and against any and all claims, demands, losses, liabilities, damages, costs and expenses (including but not limited to attorneys’ fees) arising from or in connection with: (i) your use of the Site or Materials (whether on the Site, streamed or downloaded); (ii) any violation by you of these Terms and Conditions or your violation of any law, regulation or third-party right; and/or (iii) any User Content submitted by you to the Site. You agree that your representations and warranties, and your obligation to indemnify Indigo Spirit Yoga, shall survive beyond any term that these Terms and Conditions are in effect.
Electronic Communications
When you communicate with Indigo Spirit Yoga electronically, via email or otherwise, you consent to receive electronic communications from Indigo Spirit Yoga. You agree that all communications (including, but not limited to all notices, agreements and disclosures) provided to you electronically by Indigo Spirit Yoga satisfy any legal requirement that such communication be in writing. If you receive marketing e-mails from Indigo Spirit Yoga and wish to opt out, you may send an e-mail to us or follow the opt-out procedures set forth in such e-mails.
Changes in Policy
From time to time, the policies set forth in these Terms and Conditions may change. We will post changes to the Terms and Conditions at this Site, and any changes will become effective immediately upon being posted unless we tell you otherwise. Please review these Terms and Conditions often so that you will remain abreast of our current policies. Your use of this Site subsequent to any amendment of these Terms and Conditions will signify your acceptance of, and assent to, its revised terms and that such revised terms shall be applicable.
Acquisition of Business
In the event that Indigo Spirit Yoga is involved in a merger, acquisition, consolidation, restructuring, reorganization, liquidation, sale or similar transaction relating to any portion of its business and/or assets, you hereby acknowledge and agree that this Site, all data collected on this Site, and all of Indigo Spirit Yoga's rights hereunder may be included in the assets of, and/or transferred pursuant to, such transaction. If that occurs, Indigo Spirit Yoga will post a notice to such effect on this Site.
Contact Us
If you have any questions concerning the Site or any of the policies set forth in these Terms and Conditions, please contact us.
Applicable Law
Use of this Site and these Terms and Conditions shall be governed by the laws of the Province of Ontario without regard to its conflict of law provisions. Any dispute concerning your use of this Site shall be submitted to a civil court within the province of Ontario within one (1) year from the date that the cause of action arose (or, if multiple causes of action are involved, from the date that the first cause of action arose. To the fullest extent permitted by law, no action brought pursuant to these Terms and Conditions shall be joined to any other action initiated pursuant to these Terms and Conditions.
Notwithstanding anything to the contrary set forth in these Terms and Conditions, Indigo Spirit Yoga may at any time seek injunctive or other appropriate relief against you and/or against others, in any provincial or federal court, in the event that Indigo Spirit Yoga believes that you have violated or threatened to violate any of Indigo Spirit Yoga's intellectual property rights and you hereby consent to the exclusive jurisdiction and venue of such courts.
In the event that any portion of these Terms and Conditions are deemed unenforceable, unlawful or void by a court of competent jurisdiction, in any jurisdiction for any reason because of the scope, duration or area of its applicability or for other reasons, unless narrowed by construction, such provision shall for purposes of such jurisdiction only, be construed as if such invalid, prohibited or unenforceable provision had been more narrowly drawn so as not to be invalid, prohibited or unenforceable (or if such language cannot be drawn narrowly enough, the court making any such determination shall have the power to modify, to the extent necessary to make such provision or provisions enforceable in such jurisdiction, such scope, duration or area or all of them, and such provision shall then be applicable in such modified form). If, notwithstanding the foregoing, any such provision would be held to be invalid, prohibited or unenforceable in any jurisdiction for any reason, such provision, as to such jurisdiction only, shall be ineffective to the extent of such invalidity, prohibition or unenforceability, without invalidating the remaining provisions. No narrowed construction, court-modification or invalidation of any provision shall affect the construction, validity or enforceability of such provision in any other jurisdiction. No waiver by Indigo Spirit Yoga of any term or condition of these Terms and Conditions shall be deemed a further or continuing waiver of such term or of any other term, and Indigo Spirit Yoga's failure to assert any right or demand compliance with any provision of these Terms and Conditions shall not be deemed to constitute a waiver of any such right or provision.
Copyright
Copyright 2008-9 Indigo Spirit Yoga. Indigo Spirit Yoga and the Indigo Spirit Yoga logo (or any other applicable mark) are trademarks or registered trademarks of Indigo Spirit Yoga. All other marks are either trademarks or registered trademarks of their respective owners. All rights reserved.
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