Terms of Use
TERMS AND CONDITIONS OF USE
Last Updated August 6, 2024
1. Terms of Use
This website (the “Site”) is operated by or on behalf of Mandala Media Group, LLC, doing
business as Yoga Trade (“Yoga Trade”, “We”, “Us” or “Our”). 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
Yoga Trade and you regarding your use of this Site and supersede any prior statements
or representations. The Site’s Privacy Policy (https://yogatrade.com/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. Any person, company, or other entity that interacts with the
Site, is featured on the Site, posts content on the Site, or otherwise advertises and/or
sells its products and/or services, along with their agents, employees and
representatives are collectively referred to as “Users” (or “You”). To make these Terms
and Conditions easier to read, the Site and our products and/or services are collectively
called the (the “Platform”).
IMPORTANT NOTICE REGARDING ARBITRATION FOR U.S. CUSTOMERS: WHEN YOU
AGREE TO THESE TERMS AND CONDITIONS YOU ARE AGREEING (WITH LIMITED
EXCEPTION) TO RESOLVE ANY DISPUTE BETWEEN YOU AND YOGA TRADE THROUGH
BINDING, INDIVIDUAL ARBITRATION RATHER THAN IN COURT. PLEASE REVIEW
CAREFULLY SECTION 21 “APPLICABLE LAW / DISPUTE PROCEDURES” BELOW FOR
DETAILS REGARDING ARBITRATION.
A. Users Agreement
BY ACCESSING OR USING ANY PART OF THE PLATFORM, OR USING ANY YOGA
TRADE PRODUCTS OR SERVICES, YOU AGREE TO THESE TERMS AND CONDITIONS. If
you do not agree with any of the terms set forth in these Terms and Conditions, you
are prohibited from using or accessing the Platform. If you are accessing and using the
Platform on behalf of a company (such as your employer) or other legal entity, you
represent and warrant that you have the authority to bind that entity to these Terms and
Conditions, in which case, “you” and “your” will refer to that entity.
B. Who May Use the Platform?
You may use the Platform only if you are 18 years or older or of the age of majority in your
country and capable of forming binding contracts, and not otherwise barred from using the
Platform under applicable law.
C. Changes to These Terms and Conditions.
From time to time, the policies set forth in these Terms and Conditions may change.
Yoga Trade reserves the right to update these Terms and Conditions at our sole
discretion. We will post changes to the Terms and Conditions on the Site, and any
changes will become effective immediately upon being posted unless Yoga Trade
states otherwise. Please review these Terms and Conditions often so that you will
remain abreast of our current policies. Your use of the Platform, including but not
limited to any purchases you may make from the Platform or any streaming of content
from the Platform, 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.
2. Use of Materials; User License
A. Reservation of Rights.
Yoga Trade exclusively owns all right, title and interest in and to the Platform, including all
associated intellectual property rights. You acknowledge that the Platform is protected by
copyright, trademark, and other laws of the United States and foreign countries. Materials
on the Platform, 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 Platform (collectively referred to as the “Material”), are
owned or licensed by Yoga Trade and are protected under various intellectual property
laws. You agree not to remove, alter or obscure any copyright, trademark, service mark or
other proprietary rights notices incorporated in or accompanying the Platform, including the
Material (unless otherwise permitted under the License).
B. Use.
Subject to your acceptance of, and compliance with these Terms and Conditions and Yoga
Trade’s third-party service provider user license agreements, Yoga Trade grants you a
personal, revocable, non-sublicensable, non-exclusive, not-transferable license to use the
Site and Platform (the “License”). Under this License, you may not:
1. modify or copy the Platform content, software, or Material;
2. use the Platform content and software for any commercial purpose, or for any
public display (commercial or non-commercial) unless otherwise permitted by
these Terms and Conditions;
3. attempt to decompile or reverse engineer any software contained on the
Platform;
4. copy, reproduce, download, transmit, and/or print substantial portions of the
Platform or Material without the express written permission of Yoga Trade;
5. remove any copyright or other proprietary notations from the materials; or
6. transfer the materials to another person or "mirror" the materials on any other
servers.
If you have an Account (as defined below) with Yoga Trade, you may use content for
your personal, non-commercial use. Your use hereunder does not grant you any
ownership rights to the intellectual property set forth in Section 2(a) or the Material, and
Yoga Trade and its licensors reserve all rights to such Material.
Any unauthorized use of the Platform and/or the Material may subject you to criminal
prosecution and/or civil liability under applicable law.
3. Health & Safety Disclaimer
THE PLATFORM IS NOT INTENDED TO PROVIDE MEDICAL ADVICE OR MAKE MEDICAL
DIAGNOSES.
The information provided in this Section 3 is for informational purposes only and should
not be construed as medical advice or recommendations. 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 the Platform or in any of the Material
available hereon. The Material on the Platform may not be tailored to match your
energy, health or fitness level. If you are concerned about whether any exercises
identified on the Platform 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 the
Platform 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 workoutand 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 the Platform and the Material available hereon are not responsible
for any injuries you may experience as a result of your use of the Platform and the
Material contained hereon. By remaining on the Platform and/or accessing and/or using
any Material, you are accepting that you have read, understood and agreed to follow
these basic instructions.
Yoga Trade is a platform and service for contact. Your suitability for jobs and
opportunities will depend on the profile you write. We are not an agency and we do not
guarantee that you will find a suitable job or opportunity, nor are we responsible for any
interactions you may have with potential employers.
We do not screen the identity of members or hosts who post jobs and opportunities and
you are solely responsible for ensuring that any person you accept is who they say they
are.
You are fully responsible for investigating whether your chosen job, opportunity, and/or
accommodation are suitable for you and your needs.
You are using Yoga Trade entirely at your own risk and we expressly exclude all liability
for any loss or damage to you, your family, your reputation, your business or your
property may suffer as a result of using Yoga Trade.
You are solely responsible for complying with the relevant rules and laws in your
jurisdiction (if any) especially with regard to your visas.
Participate in any of the yoga, opportunities, or travel on the Yoga Trade Platform at
your own risk.
4. Your Account; Registration
Before you subscribe to the Platform, you must first establish a customer account
(“Account”). You are responsible for maintaining the confidentiality of your Account
information, including your password, and for all activity that occurs under your
Account. You agree to notify Yoga Trade immediately of any unauthorized use of your
Account or password, or any other breach of security. You may not use anyone else’s
password or customer account at any time. You may not attempt to gain unauthorized
access to the Platform. Should you attempt to do so, assist others in making such
attempts, or distribute instructions, software or tools for that purpose, your Account will
be terminated. You agree to provide us with accurate, current and complete information
about yourself and your billing information as prompted by the registration process. You
may update any of your Account information, designate a different credit card to be
billed, or change the applicable expiration date on your currently designated credit card
in your account settings. You may not use any automatic device, program, algorithm or
methodology, or any similar or equivalent manual process, to access, acquire, copy,
probe, test or monitor any portion of the Platform or any Material, or in any way
reproduce or circumvent the navigational structure or presentation of the Platform or
any Material, to obtain or attempt to obtain any materials, documents or information
through any means not purposely made available through the Platform. You agree that
you will not take any action that imposes an unreasonable or disproportionately large
load on the infrastructure of the Platform or any of the systems or networks comprising
or connected to the Platform. You are responsible for undertaking suitable precautions
to scan for computer viruses and maintaining a backup of all of your data and/or
equipment, and to restrict access to your computer to avoid disclosure of such items.
Yoga Trade is not responsible for any damage caused to your computer or otherwise
caused by phishing attempts, viruses, malware or other harmful third-party attempts to
access your computer in connection with your use of the Platform.
You also agree that Yoga Trade may, in its sole discretion and without prior notice to
you, terminate your access to the Platform and your Account for any reason, including
without limitation: (1) attempts to gain unauthorized access to the Platform or assistance to others’ attempting to do so, (2) overcoming software security features limiting use of or protecting any Material, (3) discontinuance or material modification of the Platform or any service offered on or through the Platform, (4) violations of the Terms and Conditions, (5) failure to pay for subscriptions or purchases, (6) suspected or actual copyright infringement, (7) unexpected operational difficulties, or (8) requests
by law enforcement or other government agencies. You agree that Yoga Trade will not be liable to you or to any third party for termination of your access to the Platform.
5. Privacy; Personal Information
Please see Yoga Trade’s Privacy Policy (https://yogatrade.com/privacy-policy) for
information concerning the collection and use of Personal Information (as defined in
the Privacy Policy) from the Platform. As more fully described in our Privacy Policy, you
must disclose certain Personal Information to register for your Account and purchase
products or services from our Platform. As a condition of visiting the Platform, creating
an Account, or making any purchases of any products and/or services offered via the
Platform, you represent that you have first read our Privacy Policy and consent to the
collection, use and disclosure of your Personal Information and non- Personal
Information as described in our Privacy Policy. If you do not agree to the terms of the
Privacy Policy, you may not visit the Platform, create an Account, or use the Platform in
any manner. Our Privacy Policy’s terms and conditions will change from time to time, at
our sole discretion, and as a condition of browsing the Platform, using any features or
making any purchase, you agree to any subsequent versions of the Privacy Policy and
that you will first review our Privacy Policy prior to making any initial or subsequent
purchases.
While Yoga Trade takes reasonable steps to safeguard and to prevent unauthorized
access to your personal information, we cannot be responsible for the acts of those
who gain unauthorized access, and we make no warranty, express, implied, or
otherwise, that we will prevent unauthorized access to your private information. IN NO
EVENT SHALL YOGA TRADE OR ITS AFFILIATES BE LIABLE FOR ANY DAMAGES OR
COSTS (WHETHER CONSEQUENTIAL, DIRECT, INCIDENTAL, INDIRECT, PUNITIVE,
SPECIAL OR OTHERWISE) ARISING OUT OF, OR IN ANY WAY CONNECTED WITH, A THIRD PARTY’S UNAUTHORIZED ACCESS TO YOUR PERSONAL INFORMATION, REGARDLESS OF WHETHER SUCH DAMAGES OR COSTS ARE BASED ON CONTRACT, STRICT LIABILITY, TORT OR OTHER THEORIES OF LIABILITY, AND ALSO REGARDLESS OF WHETHER YOGA TRADE WAS GIVEN ACTUAL OR CONSTRUCTIVE NOTICE THAT DAMAGES WERE POSSIBLE.
6. Conditions of Sale and Payment Terms; Methods of Payment, Credit Card Terms and Taxes
To purchase any goods and/or services on our Platform, you must (a) be at least
eighteen (18) years of age or the applicable state age of majority and capable of forming
binding contracts, and (b) be a natural person (no corporations, partnerships or other
legal entities). Prior to the purchase of any goods or services on our Platform, you must
provide us with a valid credit card number or PayPal and associated payment
information including all of the following: (i) your name as it appears on the card, (ii)
your credit card number, (iii) the credit card type, (iv) the date of expiration and (v) any
activation numbers or codes needed to charge your card. By submitting that
information to us, you hereby agree that you authorize us to charge your card at our
convenience but within thirty (30) days of credit card authorization. Unless otherwise
set forth on the applicable portion of the Platform for particular products or services, all
sales of products and services are final and all charges from those sales are
nonrefundable.
A. Membership Billing.
Memberships are pre-paid and auto-renew at the end of your billing cycle. There is no
minimum obligation, no refunds, and members may cancel anytime. All memberships
must be canceled prior to the auto-renew date to avoid further charges. Please see your
Account Page for your renewal date.
B. Subscription Cancellations & Refunds.
1. Cancellations by You
You can change or cancel your digital subscription at any time in your Yoga
Trade account settings, or contact us at support@yogatrade.com.
2. Cancellations by Us
We reserve the right to suspend or terminate your subscription or product for any
reason, with or without notice and without further obligation. We reserve the right
to issue refunds or credits at our sole discretion. If we issue a refund or credit,
we are under no obligation to issue the same or similar refund in the future.
C. Cancellation and Refunds of One-Time Purchases.
One-time purchases cannot be canceled or refunded.
We reserve the right to issue refunds or credits at our sole discretion. If we issue a
refund or credit, we are under no obligation to issue the same or similar refund in the
future.
D. Changes to Content or Access.
We reserve the right to make changes to our digital products offered or made available
on the Platform at any time. If we temporarily reduce or eliminate the charge for content
or access that you are currently paying for under different terms, you will not receive a
refund. If any or all of our digital products are temporarily unavailable, you will not
receive a refund.
E. Payments & Taxes.
For any form of payment we offer or accept, you hereby agree to all restrictions, terms
and conditions associated with such form of payment. Your card issuer agreement
governs your use of your designated card, and you must refer to that agreement and not
these Terms and Conditions to determine your rights and liabilities as a cardholder.
YOU, AND NOT YOGA TRADE, ARE RESPONSIBLE FOR PAYING ANY UNAUTHORIZED
AMOUNTS BILLED TO YOUR CREDIT CARD BY A THIRD PARTY. You agree to pay all
fees and charges incurred in connection with your purchases (including any applicable
taxes) at the rates in effect when the charges were incurred. Unless you notify Yoga
Trade of any discrepancies within sixty (60) days after they first appear on your credit
card statement, you agree that they will be deemed accepted by you for all purposes. If
Yoga Trade does not receive payment from your credit card issuer or its agent, you
agree to pay all amounts due upon demand by Yoga Trade or its agents. You are
responsible for paying any governmental taxes imposed on your purchases, including,
but not limited to, sales, use or value-added taxes.
7. Order Acceptance Policy
Your receipt of an electronic or other form of order confirmation does not signify our
acceptance of your order, nor does it constitute confirmation of our offer to sell. Yoga
Trade reserves the right at any time after receipt of your order to accept or decline your
order for any reason. Your order will be deemed accepted by Yoga Trade at the point in
time you are granted full access to the Platform’s content or the specific product,
service, or content you purchased.
8. No Responsibility To Sell Mispriced Products Or Services
Yoga Trade shall have the right to refuse or cancel any orders placed for products
and/or services listed at an incorrect price, rebate or refund, or containing any other
incorrect information or typographical errors. Yoga Trade shall have the right to refuse
or cancel any such orders whether or not the order has been confirmed and your credit
card charged. If your credit card has already been charged for the purchase and your
order is canceled, Yoga Trade shall immediately issue a credit to your credit card
account in the amount of the charge.
9. Modifications to Prices or Billing Terms
YOGA TRADE RESERVES THE RIGHT, AT ANY TIME, TO CHANGE ITS PRICES AND
BILLING METHODS FOR PRODUCTS OR SERVICES SOLD, EFFECTIVE IMMEDIATELY
UPON POSTING ON THE PLATFORM OR BY E-MAIL DELIVERY TO YOU.
10. Links
The Platform may contain links to other websites that are not controlled and/or
maintained by Yoga Trade. Access to and use of such other websites is at your own risk
and subject to any terms, conditions and privacy policies that govern such websites,
which may be different from those of Yoga Trade and/or which may provide their users
with less security than the Platform. Yoga Trade shall not be deemed to endorse,
recommend, approve or guarantee any third parties or their services or products, or any
facts, views, advice, information and/or products found on such websites. Yoga Trade
is not responsible for the content contained on any such sites, or for the failure of any
product or service offered for sale on any such sites or for any damages that may result
therefrom. Copyrights in the materials or information on the linked sites are owned by
other third parties.
11. User Submitted Content
On certain sections of the Platform, you may be permitted to post or share content such
as text (in posts or communications with others), comments, information, files,
documents, service information, exercise methodologies, creative works (including but
not limited to audio, visual, or audiovisual works), logos, indicia, or other materials
(collectively, “User Content”). You acknowledge and agree that you are solely
responsible for any User Content that you post. You further acknowledge and agree that
Yoga Trade has no responsibility for, or ownership of, any User Content posted at on the
Platform and will not be liable for any User Content that is in violation of these Terms
and Conditions, the terms and conditions of any third-party, or any other laws, either
statutory or common law. With respect to all User Content that you post, you represent
and warrant that: (i) the material is either fully original to you or that you have all
necessary rights, licenses and permissions needed to post the User Content on the
Platform (including but not limited to all copyright and right of publicity/privacy rights),
and to grant, and you hereby do grant, Yoga Trade and all users of the Platform a world-
wide, non-exclusive, royalty-free license that can be fully assigned and sub-licensed, to
use, copy, modify, created derivative works based upon, distribute, publicly display, and
publicly perform your User Content in connection with operating and providing the Platform and promoting Yoga Trade, its products or services; (ii) such User Content will not infringe the rights of any person or entity, or violate any governmental rule, regulation statute or law, or the Terms and Conditions; (iii) no money will be owed to any party as a result of the posting of the User Content or its use in connection with the Platform, Yoga Trades products or services, and/or the promotion thereof; (iv) you will be responsible for all User Content submitted through your email address or Account,
and for all purposes under these Terms and Conditions, all submissions from your email
address or Account shall be deemed to have been submitted by you; (v) User Content
submitted by you (or through your Account) is accurate, substantiated, and otherwise
compliant with all applicable laws, including but not limited to FTC and FEC rules and
guidelines.
Yoga Trade has no control over, and does not endorse, any User Content and expressly
disclaims any and all liability in connection with any User Content. However, in
connection with User Content posted at the Platform, in addition to all other rights it has
under these Terms and Conditions and at law or in equity, Yoga Trade reserves the right
in its sole and absolute discretion, to: (i) remove without notice, or refuse to post in the
first instance, any User Content; and/or (ii) revoke any user’s right to use of the
Platform.
Any User Content sought to be posted on the Platform must conform, in the sole and
exclusive discretion of Yoga Trade, to the following rules and standards. It must: (i)
conform to all applicable laws, (ii) be appropriate in the context of the general purposes
of the Platform; (iii) not be obscene, pornographic, patently offensive, hateful, abusive or
promote racism or discrimination of any kind; (iv) not provide personal information
related to the user submitting such User Content, or solicit such information from any
other user of the Platform; (v) not involve or result in the transmission of junk e-mail,
unsolicited mass e-mailings, “spamming,” “spimming” or “phishing;” (vi) not transmit or
distribute any potentially harmful programs such as Trojan horses, worms, viruses,
spyware or any malicious software or code; (vii) not contain any material or images
owned by any other person or entity unless the user submitting such User Content has
obtained all necessary rights, licenses and permissions needed to post such User Content and have it used as contemplated by the Platform; and (viii) be only for non-commercial purposes.
12. Promotions, Sweepstakes and Contests
On occasion, Yoga Trade or certain advertisers or suppliers to the Platform may elect to
conduct certain promotions, sweepstakes or contests (collectively, “Promotions”) on
the Platform. Each such Promotion may have specific rules and regulations, which will
be made available to users and which shall be deemed incorporated in and become a
part of these Terms and Conditions.
13. Copyright Infringement Policy
Yoga Trade values intellectual property and respects the intellectual property rights of
others, and will use commercial reasonable efforts to remove materials on its Platform
that Yoga Trade has been made aware of that infringe the copyrights of others or that
Yoga Trade has a good belief infringes, and may terminate the offending user’s Account
privileges. If you believe that your copyrighted material may have been infringed by
material contained on the Platform, you may notify Yoga Trade in writing as follows:
support@yogatrade.com
In your notice, you must include the following:
(i) a physical or electronic signature of the owner of an exclusive right that is allegedly
being infringed or of a person authorized to act on behalf of such owner;
(ii) identification of the copyrighted work(s) that is (are) allegedly being infringed;
(iii) identification of the materials that are allegedly causing the infringement and that
are desired to be removed, along with sufficient information to allow us to locate such
materials;
(iv) contact information (i.e., name, address, email address) sufficient to enable Yoga
Trade to contact you;
(v) a statement to the effect that you have a good faith belief that the complained of use
of the material was not authorized by the owner of the copyright, its agent or the law;
and
(vi) a statement that the information in the notification is accurate, and under penalty of
perjury, that you are the copyright owner or authorized to act on behalf of the owner of
the exclusive right that is allegedly being infringed.
14. Additional/Different Terms
Certain pages or sections of the Platform 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 are designated as “premium” or “special” content
may only be made available to users of the Platform that consent to Yoga Trade’s
sharing of their Personal 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, sections, or Promotions to which they apply. By
interacting with such pages, sections, or Promotions on the Platform, you agree to the
additional and/or different terms and conditions that govern those specific pages,
sections, or Promotions.
15. Limitation of Liability and Use Disclaimer
Yoga Trade is not responsible for any damages or loss related to the use of the
Platform or any products or services offered on the Platform. THE PLATFORM, ALL
MATERIAL CONTAINED ON THE PLATFORM, AND ALL LINKS OR OTHER ITEMS
RELATED THERETO ARE TRANSMITTED AND DISTRIBUTED “AS IS” AND WITHOUT
WARRANTIES OF ANY KIND, EITHER EXPRESS OR IMPLIED, INCLUDING, WITHOUT
LIMITATION, THAT THE PLATFORM, ITS FEATURES AND FUNCTIONS, WILL BE
AVAILABLE FOR USE OR WORK AS DESCRIBED. THERE ARE NO WARRANTIES WITH
RESPECT TO THE PLATFORM OR THE MATERIALS, PRODUCTS OR SERVICES
CONTAINED HEREON INCLUDING BUT NOT LIMITED TO NO WARRANTIES REGARDING
TITLE, SECURITY, ACCURACY, MERCHANTABILITY OR FITNESS FOR A PARTICULAR
PURPOSE OR USE. ANY INFORMATION CONTAINED WITHIN THE PLATFORM IS
SUBJECT TO AMENDMENT, REVISION OR UPDATING WITHOUT NOTICE AT ANY TIME.
YOGA TRADE RESERVES THE RIGHT TO SUSPEND OR WITHDRAW ACCESS TO THE
PAGES OF THE PLATFORM WITHOUT NOTICE AT ANY TIME AND ACCEPTS NO
RESPONSIBILITY FOR THESE PAGES NOT BEING AVAILABLE AT ALL TIMES. YOGA
TRADE AND ITS AFFILIATES SHALL NOT BE LIABLE FOR ANY ALLEGED DAMAGE OR
INJURY, INCLUDING BUT NOT LIMITED TO ANY COMPENSATORY, CONSEQUENTIAL,
DIRECT, INDIRECT AND/OR SPECIAL DAMAGES OR COSTS, THAT RESULT FROM YOUR
USE OR INABILITY TO USE OR ACCESS THE PLATFORM OR ANY MATERIALS,
PRODUCTS OR SERVICES CONTAINED HEREON, FROM ANY COMPUTER VIRUS, DELAY
OR MALFUNCTION, FROM THE PROVISION OF OR FAILURE TO PROVIDE PRODUCTS OR
SERVICES, OR FOR ANY INFORMATION, SOFTWARE, PRODUCTS, SERVICES AND
MATERIAL OBTAINED THROUGH THE PLATFORM, OR OTHERWISE ARISING OUT OF
THE USE OF THE PLATFORM WHETHER BASED ON CONTRACT, TORT, NEGLIGENCE,
STRICT LIABILITY OR OTHERWISE, EVEN IF YOGA TRADE HAS BEEN ADVISED OF THE
POSSIBILITY OF SUCH DAMAGES. NOTWITHSTANDING ANYTHING ELSE IN THESE
TERMS AND CONDITIONS OR POSTED ON THE PLATFORM, THE MAXIMUM LIABILITY
THAT YOGA TRADE SHALL HAVE IS LIMITED TO ANY AMOUNTS YOU ACTUALLY PAID
TO YOGA TRADE. ORDER INFORMATION SUCH AS A BILLING OR SHIPPING ADDRESS
THAT IS INACCURATE OR INCOMPLETE MAY RESULT IN DELAYS THAT SHALL NOT BE
THE RESPONSIBILITY OF YOGA TRADE. YOU ACKNOWLEDGE AND AGREE THAT THE
LIMITATIONS OF LIABILITY, DISCLAIMERS OF WARRANTIES AND LIMITED REMEDIES
SET FORTH HEREIN REPRESENT AN INSEPARABLE ALLOCATION OF RISK (INCLUDING,
WITHOUT LIMITATION, IN THE EVENT OF A TOTAL AND FUNDAMENTAL BREACH OF
THESE TERMS AND CONDITIONS) THAT IS AN ESSENTIAL BASIS OF THE BARGAIN
BETWEEN THE PARTIES.
WE MAKE NO WARRANTY AS TO THE IDENTITY, CHARACTER OR CONDUCT OF USERS
AND ASSUME NO RESPONSIBILITY FOR A USER’S COMPLIANCE WITH THESE TERMS
AND CONDITIONS OR ANY APPLICABLE LAWS. WE EXPLICITLY DISCLAIM ALL
LIABILITY FOR ANY ACT OR OMISSION OF ANY USER.
THE EXCLUSIONS AND LIMITATIONS OF DAMAGES SET FORTH ABOVE ARE
FUNDAMENTAL ELEMENTS OF THE BASIS OF THE BARGAIN BETWEEN YOGA TRADE
AND YOU.
Certain jurisdictions prohibit the limitation of liability for certain types of damages, and
accordingly, such limitations may not apply to you. In such jurisdictions, Yoga Trade’s
liability is limited to the greatest extent permitted under applicable law.
16. Transmitting and Streaming
Yoga Trade is not responsible for any damages incurred as a result of any interruption,
transmission blackout, delayed transmission or incorrect data transmission over the
Internet.
Yoga Trade does not warrant or represent that the Platform will meet your
requirements, that access or streaming will not be interrupted or delayed, that there will
be no failures, errors or omissions or loss of transmitted information, that no viruses
will be transmitted or that no damage will occur to your computer system.
17. Indemnity
You agree to indemnify, defend and hold harmless Yoga Trade, 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 attorney’s’ fees and costs)
arising from or in connection with: (i) your use of the Platform or Materials (whether on
the Platform or streamed); (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 Platform. You agree that your representations and warranties,
and your obligation to indemnify Yoga Trade, shall survive beyond any term that these
Terms and Conditions are in effect.
18. Electronic Communications
When you communicate with Yoga Trade electronically, via email or otherwise, when
you set up an Account with Yoga Trade, and each time you make a purchase from, or stream from the Platform, you consent to receive electronic communications from Yoga Trade. You agree that all communications (including, but not limited to all notices, agreements and disclosures) provided to you electronically by Yoga Trade satisfy any legal requirement that such communication be in writing. If you receive marketing emails from Yoga Trade and wish to opt out, you may send an email to us at support@yogatrade.com or follow the opt-out procedures set forth in such marketing
emails.
19. Acquisition of Business
In the event that Yoga Trade 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 the
Platform, all data collected on the Platform, and all of Yoga Trade’s rights hereunder
may be included in the assets of, and/or transferred pursuant to, such transaction. If
that occurs, Yoga Trade will post a notice to such effect on the Platform.
20. 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 at:
Mandala Media Group, LLC
Yoga Trade
445 14th Ave N
St. Petersburg, FL 33701
USA
support@yogatrade.com
21. Applicable Law/Dispute Procedures
Use of the Platform and these Terms and Conditions shall be governed by the laws of
the Federal Arbitration Act, federal arbitration law, and the laws of the State of Florida,
without regard to its conflict of law provisions. The exclusive jurisdiction for all Disputes (defined below) that you and Yoga Trade are not required by applicable law to arbitrate will be the state and federal courts located in the Pinellas County, and you and Yoga Trade each waive any objection to jurisdiction and venue in such courts. Any dispute concerning your use of the Platform shall be submitted to binding arbitration in Florida 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 arbitration brought pursuant to these Terms and Conditions
shall be joined to any other arbitration initiated pursuant to these Terms and Conditions.
A. Waiver.
You and Yoga Trade agree that any dispute, claim or controversy arising out of or
relating to these Terms and Conditions or the breach, termination, enforcement,
interpretation or validity thereof or the use of the Platform (collectively, “Disputes”) will
be resolved solely by binding, individual arbitration and not in a class, representative or
consolidated action or proceeding. You and Yoga Trade agree that the U.S. Federal
Arbitration Act governs the interpretation and enforcement of these Terms and
Conditions, and that you and Yoga Trade are each waiving the right to a trial by jury or to
participate in a class action. This arbitration provision shall survive termination of these
Terms and Conditions. The Dodd-Frank Wall Street Reform and Consumer Protection
Act (Public Law 111-203), Ending Forced Arbitration of Sexual Assault and Sexual
Harassment Act (Public Law 117-90) and other applicable laws prohibit mandatory
arbitration of certain claims. These mandatory arbitration terms will not apply if
prohibited by applicable law.
B. Conducting Arbitration and Arbitration Rules.
The arbitration will be conducted by the American Arbitration Association (“AAA”) under
its Consumer Arbitration Rules (the “AAA Rules”) then in effect, except as modified by
these Terms. The AAA Rules are available at www.adr.org or by calling 1-800-778-7879.
A party who wishes to start arbitration must submit a written Demand for Arbitration to
AAA and give notice to the other party as specified in the AAA Rules. The AAA provides
a form Demand for Arbitration at www.adr.org.
C. Exceptions.
As limited exceptions to the mandatory arbitration terms above: (i) You or Yoga Trade
may seek to resolve a Dispute in small claims court if it qualifies; and (ii) Yoga Trade
each retain the right to seek injunctive or other equitable relief from a court to prevent
(or enjoin) the infringement or misappropriation of our intellectual property rights.
D. Arbitration Costs.
Payment of all filing, administration and arbitrator fees will be governed by the AAA
Rules, and Yoga Trade won’t seek to recover the administration and arbitrator fees Yoga
Trade is responsible for paying, unless the arbitrator finds your Dispute frivolous. If
Yoga Trade prevails in arbitration, Yoga Trade will pay all of Yoga Trade’s attorneys’
fees and costs and will only seek to recover from you the total amount you would have
paid if you filed and litigated your claim in court. If you prevail in arbitration you will be
responsible for paying the total amount you would have paid if you filed and litigated
your claim in court unless an arbitrator finds you are entitled to an award of attorneys’
fees and expenses.
E. Injunctive and Declaratory Relief.
Except as provided in Section 21(c) above, the arbitrator shall determine all issues of
liability on the merits of any claim asserted by either party and may award declaratory or
injunctive relief only in favor of the individual party seeking relief and only to the extent
necessary to provide relief warranted by that party’s individual claim. To the extent that
you or we prevail on a claim and seek public injunctive relief (that is, injunctive relief that
has the primary purpose and effect of prohibiting unlawful acts that threaten future
injury to the public), the entitlement to and extent of such relief must be litigated in a
civil court of competent jurisdiction and not in arbitration. The parties agree that
litigation of any issues of public injunctive relief shall be stayed pending the outcome of
the merits of any individual claims in arbitration.
F. Class Action Waiver.
YOU AND YOGA TRADE AGREE THAT EACH MAY BRING CLAIMS AGAINST THE OTHER
ONLY IN YOUR OR ITS INDIVIDUAL CAPACITY, AND NOT AS A PLAINTIFF OR CLASS
MEMBER IN ANY PURPORTED CLASS OR REPRESENTATIVE PROCEEDING. Further, if
the Dispute is resolved through arbitration, the arbitrator may not consolidate another
person’s claims with your claims and may not otherwise preside over any form of a
representative or class proceeding.
21. Miscellaneous
A. Third-Party Beneficiaries.
There are no intended or incidental third-party beneficiaries to these Terms and
Conditions.
B. Severability.
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.
C. Waivers.
No waiver by Yoga Trade 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 Yoga
Trade’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.
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applicable mark) are trademarks or registered trademarks of Yoga Trade. All other
marks are either trademarks or registered trademarks of their respective owners. All
rights reserved.