Terms and Conditions
Last updated: May 24, 2018
Please read these Terms and Conditions (“Terms”, “Terms and Conditions”)
carefully before using the http://xfrvinyoga.wpengine.com website (the “Service”)
operated by American Viniyoga Institute (“us”, “we”, or “our”).
Your access to and use of the Service is conditioned upon your acceptance of
and compliance with these Terms. These Terms apply to all visitors, users and
others who wish to access or use the Service.
By accessing or using the Service you agree to be bound by these Terms. If you
disagree with any part of the terms then you do not have permission to access
By creating an Account on our service, you agree to subscribe to newsletters,
marketing or promotional materials and other information we may send. However,
you may opt out of receiving any, or all, of these communications from us by
following the unsubscribe link or instructions provided in any email we send.
If you wish to purchase any product or service made available through the
Service (“Purchase”), you may be asked to supply certain information relevant
to your Purchase including, without limitation, your credit card number, the
expiration date of your credit card, your billing address, and your shipping
You represent and warrant that: (i) you have the legal right to use any credit
card(s) or other payment method(s) in connection with any Purchase; and that
(ii) the information you supply to us is true, correct and complete.
The service may employ the use of third party services for the purpose of
facilitating payment and the completion of Purchases. By submitting your
information, you grant us the right to provide the information to these third
We reserve the right to refuse or cancel your order at any time for reasons
including but not limited to: product or service availability, errors in the
description or price of the product or service, error in your order or other
We reserve the right to refuse or cancel your order if fraud or an
unauthorized or illegal transaction is suspected.
Availability, Errors and Inaccuracies
We are constantly updating product and service offerings on the Service. We
may experience delays in updating information on the Service and in our
advertising on other web sites. The information found on the Service may
contain errors or inaccuracies and may not be complete or current. Products or
services may be mispriced, described inaccurately, or unavailable on the
Service and we cannot guarantee the accuracy or completeness of any
information found on the Service.
We therefore reserve the right to change or update information and to correct
errors, inaccuracies, or omissions at any time without prior notice.
Contests, Sweepstakes and Promotions
Any contests, sweepstakes or other promotions (collectively, “Promotions”)
made available through the Service may be governed by rules that are separate
from these Terms & Conditions. If you participate in any Promotions,
for a Promotion conflict with these Terms and Conditions, the Promotion rules
Our Service allows you to post, link, store, share and otherwise make
available certain information, text, graphics, videos, or other material
(“Content”). You are responsible for the Content that you post on or through
the Service, including its legality, reliability, and appropriateness.
By posting Content on or through the Service, You represent and warrant that:
(i) the Content is yours (you own it) and/or you have the right to use it and
the right to grant us the rights and license as provided in these Terms, and
(ii) that the posting of your Content on or through the Service does not
violate the privacy rights, publicity rights, copyrights, contract rights or
any other rights of any person or entity. We reserve the right to terminate
the account of anyone found to be infringing on a copyright.
You retain any and all of your rights to any Content you submit, post or
display on or through the Service and you are responsible for protecting those
rights. We take no responsibility and assume no liability for Content you or
any third party posts on or through the Service. However, by posting Content
using the Service you grant us the right and license to use, modify, publicly
perform, publicly display, reproduce, and distribute such Content on and
through the Service. You agree that this license includes the right for us to
make your Content available to other users of the Service, who may also use
your Content subject to these Terms.
American Viniyoga Institute has the right but not the obligation to monitor
and edit all Content provided by users.
In addition, Content found on or through this Service are the property of
American Viniyoga Institute or used with permission. You may not distribute,
modify, transmit, reuse, download, repost, copy, or use said Content, whether
in whole or in part, for commercial purposes or for personal gain, without
express advance written permission from us.
When you create an account with us, you guarantee that you are above the age
of 18, and that the information you provide us is accurate, complete, and
current at all times. Inaccurate, incomplete, or obsolete information may
result in the immediate termination of your account on the Service.
You are responsible for maintaining the confidentiality of your account and
password, including but not limited to the restriction of access to your
computer and/or account. You agree to accept responsibility for any and all
activities or actions that occur under your account and/or password, whether
your password is with our Service or a third-party service. You must notify us
immediately upon becoming aware of any breach of security or unauthorized use
of your account.
You may not use as a username the name of another person or entity or that is
not lawfully available for use, a name or trademark that is subject to any
rights of another person or entity other than you, without appropriate
authorization. You may not use as a username any name that is offensive,
vulgar or obscene.
We reserve the right to refuse service, terminate accounts, remove or edit
content, or cancel orders in our sole discretion.
We respect the intellectual property rights of others. It is our policy to
respond to any claim that Content posted on the Service infringes on the
copyright or other intellectual property rights (“Infringement”) of any person
If you are a copyright owner, or authorized on behalf of one, and you believe
that the copyrighted work has been copied in a way that constitutes copyright
infringement, please submit your claim via email to firstname.lastname@example.org, with
the subject line: “Copyright Infringement” and include in your claim a
detailed description of the alleged Infringement as detailed below, under
“DMCA Notice and Procedure for Copyright Infringement Claims”
You may be held accountable for damages (including costs and attorneys’ fees)
for misrepresentation or bad-faith claims on the infringement of any Content
found on and/or through the Service on your copyright.
DMCA Notice and Procedure for Copyright Infringement Claims
You may submit a notification pursuant to the Digital Millennium Copyright Act
(DMCA) by providing our Copyright Agent with the following information in
writing (see 17 U.S.C 512(c)(3) for further detail):
* an electronic or physical signature of the person authorized to act on
behalf of the owner of the copyright’s interest;
* a description of the copyrighted work that you claim has been infringed,
including the URL (i.e., web page address) of the location where the
copyrighted work exists or a copy of the copyrighted work;
* identification of the URL or other specific location on the Service where
the material that you claim is infringing is located;
* your address, telephone number, and email address;
* a statement by you that you have a good faith belief that the disputed use
is not authorized by the copyright owner, its agent, or the law;
* a statement by you, made under penalty of perjury, that the above
information in your notice is accurate and that you are the copyright
owner or authorized to act on the copyright owner’s behalf.
You can contact our Copyright Agent via email at email@example.com
The Service and its original content (excluding Content provided by users),
features and functionality are and will remain the exclusive property of
American Viniyoga Institute and its licensors. The Service is protected by
copyright, trademark, and other laws of both the United States and foreign
countries. Our trademarks and trade dress may not be used in connection with
any product or service without the prior written consent of American Viniyoga
Links To Other Web Sites
Our Service may contain links to third party web sites or services that are
not owned or controlled by American Viniyoga Institute
American Viniyoga Institute has no control over, and assumes no responsibility
for the content, privacy policies, or practices of any third party web sites
or services. We do not warrant the offerings of any of these
entities/individuals or their websites.
You acknowledge and agree that American Viniyoga Institute shall not be
responsible or liable, directly or indirectly, for any damage or loss caused
or alleged to be caused by or in connection with use of or reliance on any
such content, goods or services available on or through any such third party
web sites or services.
We strongly advise you to read the terms and conditions and privacy policies
of any third party web sites or services that you visit.
We may terminate or suspend your account and bar access to the Service
immediately, without prior notice or liability, under our sole discretion, for
any reason whatsoever and without limitation, including but not limited to a
breach of the Terms.
If you wish to terminate your account, you may simply discontinue using the
All provisions of the Terms which by their nature should survive termination
shall survive termination, including, without limitation, ownership
provisions, warranty disclaimers, indemnity and limitations of liability.
You agree to defend, indemnify and hold harmless American Viniyoga Institute
and its licensee and licensors, and their employees, contractors, agents,
officers and directors, from and against any and all claims, damages,
obligations, losses, liabilities, costs or debt, and expenses (including but
not limited to attorney’s fees), resulting from or arising out of a) your use
and access of the Service, by you or any person using your account and
password; b) a breach of these Terms, or c) Content posted on the Service.
Limitation Of Liability
In no event shall American Viniyoga Institute, nor its directors, employees,
partners, agents, suppliers, or affiliates, be liable for any indirect,
incidental, special, consequential or punitive damages, including without
limitation, loss of profits, data, use, goodwill, or other intangible losses,
resulting from (i) your access to or use of or inability to access or use the
Service; (ii) any conduct or content of any third party on the Service; (iii)
any content obtained from the Service; and (iv) unauthorized access, use or
alteration of your transmissions or content, whether based on warranty,
contract, tort (including negligence) or any other legal theory, whether or
not we have been informed of the possibility of such damage, and even if a
remedy set forth herein is found to have failed of its essential purpose.
Your use of the Service is at your sole risk. The Service is provided on an
“AS IS” and “AS AVAILABLE” basis. The Service is provided without warranties
of any kind, whether express or implied, including, but not limited to,
implied warranties of merchantability, fitness for a particular purpose, non-
infringement or course of performance.
American Viniyoga Institute its subsidiaries, affiliates, and its licensors do
not warrant that a) the Service will function uninterrupted, secure or
available at any particular time or location; b) any errors or defects will be
corrected; c) the Service is free of viruses or other harmful components; or
d) the results of using the Service will meet your requirements.
Some jurisdictions do not allow the exclusion of certain warranties or the
exclusion or limitation of liability for consequential or incidental damages,
so the limitations above may not apply to you.
These Terms shall be governed and construed in accordance with the laws of
California, United States, without regard to its conflict of law provisions.
Our failure to enforce any right or provision of these Terms will not be
considered a waiver of those rights. If any provision of these Terms is held
to be invalid or unenforceable by a court, the remaining provisions of these
Terms will remain in effect. These Terms constitute the entire agreement
between us regarding our Service, and supersede and replace any prior
agreements we might have had between us regarding the Service.
We reserve the right, at our sole discretion, to modify or replace these Terms
at any time. If a revision is material we will provide at least 30 days notice
prior to any new terms taking effect. What constitutes a material change will
be determined at our sole discretion.
By continuing to access or use our Service after any revisions become
effective, you agree to be bound by the revised terms. If you do not agree to
the new terms, you are no longer authorized to use the Service.
If you have any questions about these Terms, please contact us.
* By email: firstname.lastname@example.org
* By phone: 808-572-1414