Terms of service

Welcome to the Terms and Conditions of Use page (“Site Terms”) for the PowerYoga.com website (the “Website”), which is owned and operated by Mushie, a California corporation, doing business as PowerYoga.com (referred to herein as “Power Yoga,” “we,” “our” or “us”). These Site Terms create an agreement between you and Power Yoga applicable to your use of our Website. We reserve the right, at any time, to modify, alter, or update these Site Terms, and you agree to be bound by such modifications, alterations, or updates once they are posted on our Website.

1. Your Obligations
In consideration of your use of the Website, you agree: (a) that any information you are prompted to provide to us about yourself (such as during registration or purchase) shall be accurate, current and complete, and (b) that you will maintain and promptly update such information to keep it accurate, current and complete. If you provide any information that is inaccurate, not current or incomplete, or if we have reasonable grounds to suspect that that such information provided is inaccurate, not current or incomplete, we have the right to suspend or terminate your use of our Website (or any portion thereof).

By accessing the Website, you are agreeing to comply with and be bound by these Site Terms and the Website’s Privacy Policy, found at poweryoga.com/privacy-policy and incorporated herein by reference. If you do not agree with the Site Terms and the Privacy Policy, please immediately discontinue any further use of this Website.

2. Licenses and Website Access
Subject to these Site Terms, we grant you a limited, revocable, non-transferable license only to make personal use of the Website, including without limitation any and all Website Content. For purposes of these Site Terms, “Website Content” shall include any text, message, data, photograph, image, graphic, information, audio/video file or other material, as well as all page headers, custom graphics, logos, sounds, images and button icons.

You may not: (a) make any resale or commercial use of the Website or the Website Content (as defined below); (b) make any derivative use of the Website or the Website Content; (c) use any data mining, robots, or similar data gathering and extraction methods within the Website, (d) copy, reproduce, republish, upload, post, transmit, or distribute in any way any materials or products found on the Website; (e) use, frame or utilize framing techniques to enclose any trademark, logo or other proprietary information (including the layout or design of any page of the Website); or (f) use any meta tags or any other "hidden text" utilizing the name, trademark, or product name of “PowerYoga” without Power Yoga’s prior written permission or as expressly permitted herein.

Except as expressly stated in these Site Terms, you are not conveyed any right or license by implication, estoppel, or otherwise in or to any patent, trademark, copyright, or proprietary right of Power Yoga or any third party.

Any unauthorized use of the Website will terminate the permission or license granted by the Site Terms, and may violate copyright, trademark and other laws, and subject you to legal action.

3. Enforcement of Rules and Policies
We may investigate any reported violation of our policies or complaints and take any appropriate action that we deem appropriate. While we are not obligated to take any action, such action may include, but is not limited to, issuing warnings, suspension or termination of service. We also reserve the right to report any activity that we suspect violates any law or regulation to appropriate law enforcement officials, regulators, or other third parties.

In order to protect Power Yoga’s systems or customers, ensure the integrity and operation of Power Yoga’s business and systems and/or to cooperate with governmental requests, we may access and disclose any information we consider necessary or appropriate, including, without limitation, user profile information (i.e. name, e-mail address, etc.), IP addressing and traffic information, usage history, and posted Guestbook Comments. Power Yoga’s right to disclose any such non-confidential or non-privileged information shall govern over any terms of PowerYoga.com’s Privacy Policy.

4. Guestbook Comments
The Guestbook Comments section on the Website acts as the venue for visitors to post their comments. You are solely responsible for the comments you post on the Website, so please use caution and common sense when using our Website and posting Guestbook Comments. You also agree not to submit any comments which are “Prohibited Comments” (as defined below).

Power Yoga, which does not and cannot review all comments posted or transmitted to the Website, assumes no responsibility for monitoring the Guestbook Comments section on the Website for inappropriate comments. You acknowledge that Power Yoga is merely acting as a passive conduit for the distribution of any comments you or other visitors may post and is not undertaking any obligation or liability relating to any such comments. Further, Power Yoga reserves the right and shall have absolute discretion to reject, refuse to post, edit or delete any Guestbook Comments for any or no reason. We also reserve the right to report any activity that we suspect violates any law or regulation to appropriate law enforcement officials, regulators, or other third parties.

“Prohibited Comments” include the following: any comment that is: (a) is defamatory, abusive, harassing, threatening, or an invasion of a right of privacy of another person; (b) is bigoted, hateful, or racially or otherwise offensive; (c) is violent, vulgar, obscene, pornographic or otherwise sexually explicit; (d) is harmful or can reasonably be expected to be harmful to any person or entity; (e) is illegal or encourages or advocates illegal activity or the discussion of illegal activities with the intent to commit them; (f) infringes or violates any right of a third party including right of privacy, right of publicity, copyright, patent, trademark, trade secret or other proprietary or contractual rights; or (g) is commercial, business-related or advertises or offers to sell any products or services, whether or not for profit.

5. License and idea Submission
You agree to grant to Power Yoga a non-exclusive, worldwide, royalty-free, perpetual license, with the right to sublicense, to reproduce, distribute, transmit, create derivative works of, and publicly display any Guestbook Comment you submit to the Website by all means and in any media now known or hereafter developed. You agree that you shall have no recourse against Power Yoga for any alleged or actual infringement or misappropriation of any proprietary right in any Guestbook Comment you submit to us. You represent and warrant that the posting of your Guestbook Comment or other use thereof will not violate any privacy rights, publicity rights, copyrights, contract rights or any other rights of any person or entity.

6. Limitations on Service
You acknowledge that Power Yoga may establish limits concerning your use of the Website and its services and reserves the right at any time to modify or discontinue your access to the Website (or any part thereof) with or without notice, including but not limited to the materials, audios, videos, functionality or hours of availability, or the equipment needed for its access or use.

7. Power Yoga Online; User Account
In the event you desire to utilize the Power Yoga Online system to access our proprietary audio and video recordings featuring Bryan Kest, you will be required to agree to the separate Power Yoga Media Online User Agreement found at poweryoga.com/user-agreement.

8. Free Power Yoga Online; User Account
In the event you desire to access the free audio and video file section of the Website (“Free Power Yoga Online”), you will be able to do so without becoming a registered user. However, if you utilize the Free Power Yoga Online service, please be advised that this programming may present an intensive workout. If at any time you are working out and experience excessive fatigue, we recommend that you refrain from continuing your workout. The instruction and advice presented in the Free Power Yoga Online programming is in no way a substitute for medical counseling. The audio and video files provided on this Website are for educational purposes only, and are in no way intended to diagnose, cure, or treat any medical or other condition. Always seek the advice of your physician or other qualified health provider prior to trying the yoga positions or exercise programs in such Free Power Yoga Online programming, and ask your doctor any questions you may have regarding a medical condition.

Unless otherwise specified, the Free Power Yoga Online programming is intended for your personal use only. You may not authorize others to use the Free Power Yoga Online programming, and you may not in any way make commercial or other unauthorized use, by publication, re-transmission, distribution, performance, caching, or otherwise, of the Free Power Yoga Online programming, and you may not download, copy, reproduce, or edit any of the Free Power Yoga Online programming.

You agree and acknowledge that any and all Free Power Yoga Online programming you watch thru the Website is owned by or licensed to Power Yoga, and you have no claim to any intellectual property right or any other right to the contents of the audio and video files in any manner whatsoever.

9. Your Indemnification and Release
You shall remain solely liable for any Guestbook Comments you post, upload or transmit to Power Yoga. You agree to defend, indemnify and hold harmless Power Yoga, including its subsidiaries, divisions and affiliates, as well as its and their respective directors, officers, employees and agents (collectively, the “Released Parties”), from any claim, action, demand, loss, expense or damages (including attorneys' fees and related costs) made or incurred by any third party arising out of or relating to your conduct, your violation of these Site Terms, your violation of any rights of a third party, or your breach of any of your representations and warranties herein. In the event that you have a dispute with one or more users, you agree to release the Released Parties from any actual or threatened claims, demands and damages (actual and consequential) of every kind and nature, known and unknown, suspected and unsuspected, disclosed and undisclosed, arising out of or in any way connected with such disputes. If you are a California resident, you waive California Civil Code §1542, which says: "A general release does not extend to claims which the creditor does not know or suspect to exist in his favor at the time of executing the release, which if known by him must have materially affected his settlement with the debtor."

10. Ownership
All right, title and interest in the Website and the Website Content (including but not limited to documents, information, materials, graphics, sounds, videos, images and articles) is owned and/or controlled by Power Yoga and is protected by the copyright laws of the United States of America. You hereby acknowledge and agree that Power Yoga and/or any applicable third party content providers remain the owners of any posted Website Content, and that you do not acquire any ownership or license rights over any such Website Content by downloading or, otherwise, using them. You may display and, subject to any expressly stated restrictions or limitations relating to specific material as set forth herein and/or in the Power Yoga Media Online User Agreement, download portions of the Website Content from the different areas of the Website solely for your own non-commercial use. Any redistribution, retransmission, posting, or publication of any Website Content is strictly prohibited without our express written consent. You further agree not to modify or delete any proprietary notices from the Website Content downloaded from the Website. All Website design, text, graphics, and the selection and arrangement thereof, are owned or licensed by Power Yoga. Copyright 2003-2010, ALL RIGHTS RESERVED.

11. Trademarks
All trademarks, service marks, logos, trade names, and any other proprietary designations used herein are trademarks of Power Yoga. Any other trademarks, service marks and trade names are the trademarks or registered trademarks of their respective parties.

12. Links to Third Party Sites
There are links throughout the Website that will let you leave the Website. These links are provided as a courtesy only, and the sites they are linked to are independent and are not under the control of Power Yoga in any manner whatsoever. Therefore, Power Yoga is in no manner responsible for the contents of any such linked site or any link contained within a linked site, including any changes or updates to such sites. Power Yoga is providing these links merely as a convenience, and the inclusion of any link does not in any way imply or express affiliation, endorsement or sponsorship by Power Yoga of the site and/or any of its content therein. Your linking to any other website(s) is at your own risk and you acknowledge that you bear all risks associated with access to and use of content provided on such third party website and agree that Power Yoga is not responsible for any loss or damage of any sort you may incur from dealing with such a third party.

13. Contests and Sweepstakes
We may from time to time offer participation in promotional contests and sweepstakes on our Website. Your participation in these contests and sweepstakes is governed by the express rules applicable to each such contest or sweepstakes.

14. Price and Payment
You agree to pay all charges to your account, including applicable taxes, in accordance with billing terms in effect at the time a purchase is made. We reserve the right to institute new fees or charges effective upon notice to you. When prompted to do so, you must provide us with valid credit card information. If payments that cannot be charged to your credit card are returned to us for any reason, we reserve the right either to suspend or terminate your order, thereby terminating all further obligations by Power Yoga. You are responsible for maintaining the confidentiality of your password. If you have reason to believe that your account is no longer secure (for example, in the event of a loss, theft or unauthorized disclosure or use of your password, ID, or any credit, debit or charge card number stored anywhere on our Website), you must promptly change your password and notify us of the problem to avoid possible liability for any unauthorized charges to your account.

15. Disclaimer
THE WEBSITE AND THE MATERIALS, PRODUCTS, AND SERVICES AVAILABLE FROM THE WEBSITE ARE PROVIDED "AS IS" AND WITHOUT WARRANTIES OF ANY KIND, WHETHER EXPRESS OR IMPLIED. TO THE FULLEST EXTENT PERMISSIBLE PURSUANT TO APPLICABLE LAW, POWER YOGA DISCLAIMS ALL WARRANTIES, EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, AND NON-INFRINGEMENT. TO THE FULLEST EXTENT PERMISSIBLE PURSUANT TO APPLICABLE LAW, POWER YOGA DISCLAIMS ANY WARRANTIES FOR THE SECURITY, RELIABILITY, TIMELINESS, ACCURACY, AND PERFORMANCE OF THE WEBSITE AND THE SERVICES. POWER YOGA DOES NOT REPRESENT OR WARRANT THAT THE FUNCTIONS CONTAINED IN THE WEBSITE WILL BE UNINTERRUPTED OR ERROR-FREE, THAT DEFECTS WILL BE CORRECTED, OR THAT THE WEBSITE OR THE SERVER(S) THAT MAKE THE WEBSITE AVAILABLE ARE FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS. POWER YOGA DOES NOT MAKE ANY WARRANTIES OR REPRESENTATIONS REGARDING THE USE OF THE MATERIALS OR CONTENT IN THE WEBSITE IN TERMS OF THEIR CORRECTNESS, ACCURACY, ADEQUACY, USEFULNESS, TIMELINESS, RELIABILITY OR OTHERWISE. UNDER NO CIRCUMSTANCES SHALL POWER YOGA BE RESPONSIBLE FOR ANY LOSS OR DAMAGE, INCLUDING PERSONAL INJURY OR DEATH, RESULTING FROM USE OF ANY SERVICES OR PRODUCTS FOUND ON ITS WEBSITE. POWER YOGA CANNOT GUARANTEE AND DOES NOT PROMISE ANY SPECIFIC RESULTS IN CONNECTION WITH ITS SERVICES OR PRODUCTS. TO THE FULLEST EXTENT PERMITTED BY LAW, POWER YOGA DISCLAIMS ANY WARRANTIES FOR OTHER SERVICES OR GOODS RECEIVED THROUGH OR ADVERTISED ON THE WEBSITE, OR ACCESSED THROUGH ANY LINKS ON THE WEBSITE. COMPANY MAKES NO COMMITMENT TO UPDATE THE INFORMATION CONTAINED IN THE WEBSITE.

16. Limitation of Liability
UNDER NO CIRCUMSTANCES SHALL POWER YOGA , OR ITS OFFICERS, DIRECTORS, EMPLOYEES OR AGENTS BE LIABLE FOR DIRECT, INDIRECT, INCIDENTAL, PUNITIVE, SPECIAL, CONSEQUENTIAL OR EXEMPLARY DAMAGES (EVEN IF POWERYOGA HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES), RESULTING FROM ANY ASPECT OF YOUR USE OF THE WEBSITE OR ITS SERVICES OR PRODUCTS, WHETHER THE DAMAGES ARISE FROM USE OR MISUSE OF THE WEBSITE OR THE SERVICES OR PRODUCTS, FROM INABILITY TO USE THE WEBSITE OR THE SERVICES OR PRODUCTS, OR THE INTERRUPTION, SUSPENSION, MODIFICATION, ALTERATION, OR TERMINATION OF THE WEBSITE OR THE SERVICES OR PRODUCTS. SUCH LIMITATION SHALL ALSO APPLY WITH RESPECT TO DAMAGES INCURRED BY REASON OF OTHER SERVICES OR PRODUCTS RECEIVED THROUGH OR ADVERTISED IN CONNECTION WITH THE WEBSITE OR THE SERVICES OR PRODUCTS OR ANY LINKS ON THE WEBSITE, AS WELL AS BY REASON OF ANY INFORMATION RECEIVED THROUGH OR ADVERTISED IN CONNECTION WITH THE WEBSITE OR THE SERVICES OR PRODUCTS OR ANY LINKS ON THE WEBSITE. THESE LIMITATIONS SHALL APPLY TO THE FULLEST EXTENT PERMITTED BY LAW. IF YOUR USE OF MATERIALS FROM THIS WEBSITE RESULTS IN THE NEED FOR SERVICING, REPAIR OR CORRECTION OF EQUIPMENT OR DATA, YOU ASSUME ANY COSTS THEREOF. SOME STATES DO NOT ALLOW THE EXCLUSION OR LIMITATION OF INCIDENTAL OR CONSEQUENTIAL DAMAGES, SO THE ABOVE LIMITATION OR EXCLUSION MAY NOT APPLY TO YOU.

17. Termination
Notwithstanding any of these Site Terms, we reserve the right, without notice and in our sole discretion, to suspend or terminate your license to use the Website (which would include deleting or deactivating your account, blocking your email or IP address, and/or blocking or preventing your future access to and use of the Website). You agree that Power Yoga shall not be liable to you or any third party for any suspension or termination of your access to the Website. Further, you agree not to attempt to use the Website after said suspension or termination unless you have received prior written permission from Power Yoga.

18. Severability
If any provision of the Site Terms shall be deemed unlawful, void, or for any reason unenforceable, then that provision shall be deemed severable from these terms and conditions and shall not affect the validity and enforceability of any remaining provisions.

19. Notices
Except as explicitly stated otherwise, any notices shall be given by postal mail to PowerYoga.com, 1410 2nd Street, #1st, Santa Monica, CA 90401, or by email at info@poweryoga.com . Notice shall be deemed given 24 hours after email is sent, unless the sending party is notified that the email address is invalid or the email was undeliverable. Alternatively, we may give you notice by certified mail, postage prepaid and return receipt requested, to the address provided to PowerYoga during the registration process. In such case, notice shall be deemed given 3 days after the date of mailing.

20. Miscellaneous
The Site Terms constitute the entire agreement between you and Power Yoga and govern your use of the Website and its services and products, superseding any prior agreements between you and Power Yoga. This Agreement is governed by and construed in accordance with the laws of the State of California, exclusive of its provisions on conflicts of laws. In respect of any dispute relating to this Agreement, the use of the Website, or the services or products provided through the Website, any such dispute must be brought exclusively in a court of competent jurisdiction sitting in Los Angeles, California, and you hereby consent to the personal jurisdiction of any such court. The prevailing party shall be awarded reasonable attorney fees, expert witness costs and expenses, and all other costs and expenses incurred directly or indirectly in connection with the proceedings. Any cause of action or claim you may have against Power Yoga with respect to the Website must be commenced within one (1) year after the claim or cause of action arises. Our failure to insist upon or enforce strict performance of any provision of this Agreement shall not be construed as a waiver of any provision or right. Neither the course of conduct between the parties nor trade practice shall act to modify any provision of this Agreement. We may assign our rights and duties under this Agreement to any party at any time without notice to you. You acknowledge that the provisions, disclosures and disclaimers set forth above are fair and reasonable and your agreement to follow and be bound to them is not the result of fraud, duress or undue influence exercised upon you by any person or entity. Both parties agree that there are no representations, promises, warranties or undertakings by you or Power Yoga contrary to those set forth above. You agree that the Site Terms and Privacy Policy shall not be construed against the drafting party (i.e., Power Yoga).

Last Updated:  December 1, 2010