Austerityyoga’s website and apps (hereinafter referred to as the “Website“) is an intelligent tool which challenges people to live fulfilling lives by providing members of all skill levels: (1) high quality movement classes, (2) educational materials about health and wellness, and (3) a community of people interested in living their true potential. The Website is owned by Austerityyoga.
These Terms & Conditions of Use (this “Agreement“) apply to: (1) all of the products, services and websites offered by Austerityyoga, including, but not limited to, the Website; (2) mobile, tablet, internet television, or other digital or electronic versions of the Austerityyoga video streaming platform; (3) any Austerityyoga software; and (4) any applications created by Austerityyoga whether available through a social networking site or its subsidiaries or affiliated companies (collectively, the “Service“). Please note that the availability of any Austerityyoga applications on a social networking site, mobile or tablet device, internet television or other technology platform does not indicate any relationship or affiliation between Austerityyoga and such social networking site, mobile or tablet device, or internet television or other technology platform.
This Service is not directed to persons under eighteen (18) years of age.
1. Acceptance of Terms
This Agreement sets forth legally binding terms for your use of the Service. By using the Service, you agree to be bound by this Agreement, whether you are a “Visitor“ (which means that you simply browse the Service) or you are a “Member“ (which means that you have registered on the Website as a user). If you do not accept the terms of this Agreement, you should leave the Website and discontinue use of the Service immediately. We will post a notification on the Service in the event of any material changes to this Agreement. Such changes, whether in the form of modifications, additions, or deletions, shall be effective when specified in the relevant notification or, if the change is immaterial, immediately upon appearing on the Service. Your continued use of the Service following our posting of any changes to this Agreement means that you accept those changes.
2. Arbitration Agreement and Class Action Waiver
You and Austerityyoga agree that any dispute between us (including disputes against any agent, employee, subsidiary, affiliate, predecessor in interest, successor, or assign of the other) relating to: (1) the Service; (2) any transaction or relationship between us resulting from your use of the Service; (3) the purchase, order, installation, or use of the Service; or (4) communications between us, will be resolved exclusively and finally by binding arbitration and the arbitration decision may be enforced and judgment entered thereon in any court of competent
Any arbitration shall be conducted only on an individual basis, and any claim shall not be arbitrated as a class action, in a purported representative capacity, or brought as a private attorney general. The arbitrator shall have no authority to: (1) consolidate more than one person’s claims against Austerityyoga; (2) preside over any kind of representative or class proceeding against Austerityyoga; or (3) award any kind of class-wide relief. You acknowledge that this class action waiver is material and essential to the arbitration of any disputes between the parties and is non-severable from the agreement to arbitrate claims. If any portion of this class action waiver is limited, voided, or cannot be enforced, then the parties’ agreement to arbitrate shall be null and void.
You understand that by agreeing to this class action waiver, you may only bring claims against us in an individual capacity and not as a plaintiff, class representative, or class member in any purported class action or representative proceeding.
If you do not agree to this arbitration agreement and class action waiver, you must tell us in writing and not use the Service.
3. General Registration Requirements
If you wish to become a Member, communicate with other Members and/or otherwise make use of the Service, you must read this Agreement and indicate your acceptance during the Member registration process. In consideration of your use of the Service, you represent that you are of legal age to form a binding contract and are not a person barred from receiving services under the laws of the United States or other applicable jurisdiction. You also agree to: (a) provide true, accurate, current and complete information about yourself as prompted by the registration form available on the Website (the “Registration Data“) and (b) maintain and promptly update your Registration Data to keep it true, accurate, current and complete. If you provide any information that is untrue, inaccurate, not current or incomplete, or we have reasonable grounds to suspect that such information is untrue, inaccurate, not current or incomplete, Austerityyoga reserves the right to suspend or terminate your account and refuse any and all current or future use of the Service (or any portion thereof) at any time. Austerityyoga’s Materials (as defined in Section 14 of this Agreement) and Austerityyoga’s Content (as defined in Section 8 of this Agreement) on the Service (collectively, “Austerityyoga Content“) is provided to you “AS IS“ for your information and personal use only and may not be downloaded, copied, reproduced, distributed, transmitted, broadcast, displayed, sold, licensed, or otherwise exploited for any other purposes whatsoever without the prior written consent of Austerityyoga. Other than rights expressly granted to you, Austerityyoga reserves all rights in and to the Service and the Austerityyoga Content.
You may access Website and Content as available:
- for your information and personal use;
- as intended through the normal functionality of the Austerityyoga Service; and
- for Streaming (“Streaming“ or “Stream“ means a contemporaneous digital transmission of an audiovisual work via the Internet from the Austerityyoga Service to a user’s device in such a manner that the data is intended for real-time viewing and not intended to be copied, stored, permanently downloaded, or redistributed by the user). Accessing videos via the Service for any purpose or in any manner other than Streaming is expressly prohibited. When you Stream Austerityyoga Content, the resolution and quality of Austerityyoga Content you receive will depend on a number of factors, including the type of device you are using and your bandwidth, which may fluctuate during the course of your viewing. While we strive to provide a quality viewing experience, we make no guarantee as to the resolution or quality of the Streaming Austerityyoga Content you will receive.
In order to be able to Stream or download Austerityyoga Content from the Service and to view Austerityyoga Content on the Service, you will need to use a personal computer, portable media player, or other device that meets the system and compatibility requirements that we establish from time to time and is otherwise capable of interacting with the Service (each such device, a “Compatible Device“). We may change the requirements for Compatible Devices from time to time and, in some cases, whether a device is (or remains) a Compatible Device may depend on software or systems provided or maintained by the device manufacturer or other third parties. As a result, devices that are Compatible Devices at one time may cease to be Compatible Devices in the future.
4. Health Disclaimer
Physical exercise, in all of its forms and with or without the use of equipment such as blocks, straps or any other equipment that may be suggested by a Austerityyoga instructor, is a strenuous physical activity. Accordingly, you are urged and advised to seek the advice of a physician before beginning any physical exercise regimen, routine, program or using any suggested equipment, shown in any of the video clips on the Service. Austerityyoga is not a medical organization and its instructors or staff cannot give you medical advice or diagnosis. All suggestions and comments relating to the use of equipment, poses, moves and instruction are not required to be performed by you and are carried out at your election while viewing Austerityyoga videos. Nothing contained in the Service should be construed as any form of such medical advice or diagnosis.
By using the Service, you represent that you understand that physical exercise involves strenuous physical movement, and that such activity carries the risk of injury whether physical or mental. You understand that it is your responsibility to judge your physical and mental capabilities for such activities. It is your responsibility to ensure that by participating in classes, courses, programs, and activities from Austerityyoga, you will not exceed your limits while performing such activity, and you will select the appropriate level of activity for your skills and abilities, as well as for any mental or physical conditions and/or limitations you have. You understand that, from time to time instructors may suggest physical adjustments or the use of equipment and it is your sole responsibility to determine if any such suggested adjustment or equipment is appropriate for your level of ability and physical and mental condition. You expressly waive and release any claim that you may have at any time for injury of any kind against Austerityyoga, or any person or entity involved with Austerityyoga, including without limitation its directors, principals, instructors, independent contractors, employees, agents, contractors, affiliates and representatives.