Terms of Use

Please read these Terms of Use ( “Agreement” or “Terms”) carefully before you use our mobile application or web application (the “App”) or accessing or using our website(s) (www.yogarenew.com, www.yogarenewteachertraining.com , courses.yogarenewteachertraining.com, classes.yogarenewteachertraining.com, including any other sub-domains under yogarenew.com or yogarenewteachertraining.com) (the “Sites”) or using any content, courses, or any other materials (the “Content”) available in the App or on the Sites. By accessing or using the App, Sites or Content (collectively, the “Services”), you agree to be bound by these Terms. The Services are provided by Yoga Renew, LLC (“YogaRenew”) and are subject to your agreement to these Terms as set forth herein.

These Terms also include and incorporate our Privacy Policy (the “Policy”), and any other documents referred to in these Terms or in the Policy, and they, as a whole, govern any and all use or access of the Services, whether you are a visitor, guest, or student (“You” or “you”).

1.Terms

By using or accessing the Services, you expressly agree to, and give your consent to be governed, by these Terms, all applicable laws and regulations, and agree that you are responsible for compliance with any applicable local laws. If you do not agree with any of portion of these Terms, you are prohibited from using or accessing the Services.

2.Age of Access

You must be at least 18 years old to use the Services or access the App, Sites, or Content. If you are under the age of 18 you may not use the Services in any manner, you may not register for an account for the App or Sites; and you may not access the Content.

3.License to Use the App or Sites

Subject to these Terms, YogaRenew grants you: (1) a personal, non-exclusive, non-transferable, non-sublicensable, revocable, limited license to run and access the App on your mobile device or use the Sites solely for your personal, non-commercial use. You are further granted: (1) a personal, non-exclusive, non-transferable, non-sublicensable, revocable, limited license to display the Content solely within the App or on the Sites for your personal, non-commercial use. You are not permitted to use the App, Sites, or Content therein for any purpose other than as expressly permitted under these Terms. YogaRenew may audit your use of the App or Sites. You must use the App and Sites only in a manner consistent with these Terms.

You must not: (i) interfere with or disrupt the App, Sites, Content or equipment or networks connected to the App or Sites, or disobey any requirements, procedures, policies or regulations of networks connected to the App or Sites made known to you; (ii) circumvent the user authentication or security of the App or Sites or any host, network, or account related thereto; (iii) make any use of the App or Sites that violates any applicable local, state, national, international or foreign law; (iv) except for the license provided to you as permitted in these Terms, allow any third party to use any user identification(s), code(s), password(s), and procedure(s) issued to, or selected by, you for access to the App or Sites.

You agree YogaRenew may send you messages and notifications through the App, Sites, or by email, related to YogaRenew. You also agree YogaRenew is entitled to monitor and enforce your compliance with these Terms. YogaRenew may utilize the information concerning your use of the App, Sites, or Content to improve YogaRenew’s products and services. If you submit a review, rating, comment, or testimonial (a “testimonial”) then you agree that we may publish your testimonial, together with your name and any image, video or logo that you upload using the App or Sites, to our social media feeds, or to our 3rd party review syndication partners. We may use, publish, or distribute such testimonial on our App or Sites, any social media feed, through our syndication partners for use on our Sites, and any successor website or feed that we may operate from time to time and in such position as we may determine in our sole discretion. You further agree that we may edit the testimonial and publish edited or partial versions of the testimonial. However, we will never edit a testimonial in such a way as to create a misleading impression of your review.

Privacy

Your privacy is important. Please read our Policy to learn about our privacy practices and how we use the information we collect. Your acceptance of these Terms is also your acceptance of the use of the information we collect as set forth in the Policy. As stated in the Policy, we may transfer personal data to third party processor companies (i.e., cloud data and server services) that help us provide our service. Such third-party processors are located in, and the transfers are limited to, the United States, countries in the European Union, or to companies under strict legal requirements to protect your data. These processors are controlled by data processing agreements providing the same protections of your personal data. Your agreement to these Terms includes your consent to such transfer of your personal data including storage of your data, including personal data in the cloud.

4.Use of Content, Information, and Services

The staff of YogaRenew creates the Content on or available through the App or Sites. The Content, information and services on the App or Sites are intended solely as a general educational aid. YogaRenew and its agents assume no responsibility for any consequence relating directly or indirectly to any action or inaction you take based on the Content, information, services, or other material available through the App or Sites. While YogaRenew strives to keep the information in or on the App or Sites accurate, complete, and up-to-date, YogaRenew cannot guarantee, and will not be responsible for any injuries, damage, or loss related to, the accuracy, completeness or timeliness of the Content or any other information available through the App or Sites.

5.Intellectual Property including Copyright Information

Unless otherwise noted, all Content including all text, audio, and video content on the App or Sites is the property of YogaRenew. This copyright protected Content includes writings, video lessons, artwork, drawings, and logos created and owned by YogaRenew. The Content may not be reproduced on another website, book, or publication without the express written permission by YogaRenew including use of the Content for creating any content for a business which is competitive with YogaRenew. Any reproduction, copying, alterations, or editing of the Content by any means without the explicit written permission of YogaRenew is expressly prohibited. Certain names, logos, phrases, and artwork on these pages may constitute trademarks of YogaRenew. The mark YogaRenew and the Content on or available through the App or Sites is the sole property of YogaRenew. Except as set forth in these Terms, reproduction of any Content, in whole or in part, is strictly prohibited without written permission of YogaRenew. YogaRenew also retains all ownership and other intellectual property rights in the App, Sites, and Content. You may not: (i) remove or modify any marks or proprietary notices of BILT; (ii) provide or make the App or Sites available to any third party; (iii) assign this Agreement or give or transfer your access to the App, Sites, or Content or any interest in such accounts to another individual or entity; (iv) decompile, disassemble or reverse engineer the App, Sites, or the Content; or (v) create derivative works based on the App or Sites.

6.Content License

YogaRenew grants you a limited and non-exclusive license to temporarily download one copy of any downloadable materials on the Site for personal, non-commercial transitory viewing only. This is a limited license for use only and does not transfer title or ownership of any rights in the Content. This limited license does not allow you to do any of the following:

a.modify or copy the Content other that as provided in these Terms;

b.use the Content for any commercial purpose, or for any public display (commercial or non-commercial);

c.attempt to decompile or reverse engineer any software contained on the Site;

d.remove any copyright or trademark notices or other proprietary notations on the Content; or

e.transfer any Content to another person or 'mirror' the Site or Content on any other server.

This license shall automatically terminate if you violate any of these restrictions and may be terminated by YogaRenew at any time if YogaRenew, in their sole discretion, believes you are violating these restrictions. Such termination may include restricting access to your account, the Content, the Site or deleting your account. Upon termination or upon the termination of this license, you must destroy any copies of any Content including any downloaded materials in your possession whether in electronic or printed format.

7.Representations and Warranties

You represent and warrant, which representations and warranties are an express condition precedent to YogaRenew allowing you to utilize the YogaRenew Services, as follows:

a.That you have provided accurate and complete information for any account you create for YogaRenew and will promptly update this information to keep it current.

b.If you are taking training that you are an independent instructor desirous of partaking in an educational training program conducted by YogaRenew to learn the unique yoga training method of YogaRenew to teach such method to your students

c.YogaRenew does not require you to participate in any physical activity related to the YogaRenew courses or Content. If you do participate in any physical activity, you do so of your own volition and you understand that yoga requires physical exertion which may be strenuous and that you are fully aware of the risks and hazards involved. You further recognize that there are inherent risks in the practice of yoga which could potentially result in possible physical injury to you or your students, and that you have had sufficient prior training, and that you are in a physical and mental condition to participate in, practice or teach yoga in a safe and healthy manner; and

d.You understand it is your responsibility to consult with a physician prior to participating in any YogaRenew training program, and that you are physically fit and do not have any medical condition which would prevent your full participation in the YogaRenew training program and in subsequently teaching such program to your own students; and

e.You agree to assume full responsibilities for any risks, injuries, or damages, known or unknown, which may occur as a result of your participation in the YogaRenew Services, teacher training program and/or subsequently engaging in such training in teaching your own students; and

f.You will act in a safe and responsible manner, and engage in the practice of or teaching of yoga in a safe and responsible manner; and

g.You understand you may be recorded during any of the training, course sessions, or calls, including video calls, and expressly consent to such recording and hereby approve and agree YogaRenew may use such recordings including posting online, public release, and use as material for training other students.

h.If you are a yoga instructor that you will carry your own liability insurance to cover the risk of any injury sustained by any of your students who participate in any class taught by you which utilizes any portion of the YogaRenew training; and

i.If you are a yoga instructor, you will require your students to execute waiver forms, which are legal, valid, and binding in all appropriate jurisdictions where you teach your yoga classes.

8.Revisions and Errata

The App, Sites and Content may include technical, typographical, or photographic errors. YogaRenew does not warrant that any of the materials on the App, Sites or in the Content are accurate, complete, or current. YogaRenew may make changes to the App, Sites or Content at any time without notice. YogaRenew does not, however, make any commitment to update the App, Sites or Content.

9.Links

The App, Sites and Content may include or refer to links to other internet websites operated by third parties. YogaRenew has not reviewed all third-party links or websites, makes no representation or warranties related to such third-party links or websites, and is not responsible for the contents of any such linked site. The inclusion of any link does not imply endorsement by YogaRenew of the site. Use of any such linked website is at your own risk.

10.Recurring Billing

Any membership fees or subscription fees will be billed at the beginning of the paying portion of your membership and each month, quarter, or year thereafter unless and until you cancel your membership. We automatically bill your payment method each month on the calendar day corresponding to the commencement of your paying membership. We reserve the right to change our billing timing including if your payment method has not successfully been charged. Other than a cancellation by YogaRenew for reasons other than a violation of these Terms in accordance with Section 16 of these Terms, payments are non-refundable and there are no credits for partially used periods. Following a cancellation by you, however, you will continue to have access to your YogaRenew account through the end of your current billing period.

11.Modifications of Terms

YogaRenew may revise these Terms at any time without notice. By using this App, Sites, or the Content you are agreeing to be bound by the then current version of these Terms.

12.NO WARRANTY OR DISCLAIMER

THE APP, SITES, AND CONTENT ARE PROVIDED 'AS IS', WITHOUT ANY WARRANTY, ESCROW, TRAINING, MAINTENANCE, OR SERVICE OBLIGATIONS WHATSOEVER ON THE PARTY OF YogaRenew. YogaRenew MAKES NO EXPRESS OR IMPLIED WARRANTIES OF ANY TYPE WHATSOEVER, AND HEREBY DISCLAIMS AND NEGATES ALL OTHER WARRANTIES, INCLUDING WITHOUT LIMITATION, IMPLIED WARRANTIES OR CONDITIONS OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, OR NON-INFRINGEMENT OF INTELLECTUAL PROPERTY OR OTHER VIOLATION OF RIGHTS RELATED TO THE APP, SITES, OR CONTENT. FURTHER, YogaRenew DOES NOT WARRANT OR MAKE ANY REPRESENTATIONS CONCERNING THE ACCURACY, LIKELY RESULTS, OR RELIABILITY OF THE USE THE APP, SITES, OR THE CONTENT OR TO ANY THIRD-PARTY WEBSITES LINKS AVAILABLE IN OR ON THE APP, SITES OR CONTENT. YOU ASSUME ALL RISKS ASSOCIATED WITH THE USE OF THE APP, SITES, OR CONTENT, INCLUDING WITHOUT LIMITATION RISKS RELATING TO QUALITY, AVAILABILITY, SAFETY, PERFORMANCE, DATA LOSS, AND UTILITY IN YOUR ENVIRONMENT. YogaRenew DOES NOT WARRANT THAT THE APP OR SITES WILL BE AVAILABLE UNINTERRUPTED OR PERMANENTLY AND YogaRenew DRAWS YOUR ATTENTION TO THE FACT THAT AVAILABILITY IS SUBJECT TO THE SOLE DISCRETION OF THE OPERATOR OF THE RELEVANT APP STORE WHERE THE APP IS OFFERED.

13.LIMITATION OF LIABILITY

IN NO EVENT SHALL YogaRenew, ITS MEMBERS, MANAGERS, OFFICERS, EMPLOYEES, PARTNERS, AGENTS, SUPPLIERS, OR AFFILIATES, BE LIABLE TO YOU OR TO ANY THIRD PARTY FOR ANY DIRECT OR 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 APP, SITES OR CONTENT; (II) ANY CONDUCT OR CONTENT OF ANY THIRD PARTY ON THE APP OR SITES; (III) ANY CONTENT OBTAINED FROM THE APP OR SITES; AND (IV) ANY ACTIVITY THAT YOU PARTICIPATE IN WHILE ENROLLED IN ANY PROGRAM OR COURSE, 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. SHOULD A COURT FIND THAT THE EXCLUSION OF LIMITATION SET FORTH HEREIN IS NOT EFFECTIVE, THE PARTIES AGREE THAT THE MAXIMUM LIABILITY OF YogaRenew, UNDER ANY THEORY OF LAW, SHALL BE $100. YOU ALSO AGREE THAT ANY CLAIM ARISING OUT OF OR RELATED TO THE SERVICES MUST COMMENCE WITHIN ONE YEAR FROM THE EVENT FROM WHICH THE CLAIM OR CAUSE OF ACTION IS BASED ON. YOU AGREE ANY CLAIM INITIATED AFTER ONE YEAR FROM THE EVENT FROM WHICH THE CLAIM OR CAUSE OF ACTION IS BASED ON IS PERMANENTLY BARRED.

14.Indemnification

You agree to indemnify, defend, and hold harmless YogaRenew, its affiliated entities, its officers, directors, affiliates and suppliers from and against any and all losses, claims, liabilities, expenses, damages, and costs, including attorneys' reasonable fees, resulting from or related to (i) your violation of these Terms; or (ii) any activity related to the App, Sites, or Content (including negligent or wrongful conduct) by you or by any other person accessing the Services through your account.

15.No Support

YogaRenew does not offer direct support for the App or Sites other than, at its sole discretion, provision of updates, patches, bug fixes and new versions. YogaRenew is not responsible for product support.

16.Term and Termination

The Term of this Agreement shall be for the period you use the Services. You may terminate this Agreement by destroying all copies of the App on your mobile or smart device. YogaRenew may terminate your access to use the App or Sites for any or no reason at any time with or without notice to you. In case of termination or expiration of this Agreement, you must destroy all copies of the App on your mobile device. In the event we terminate your access to the App or Sites, other than for your violation of these Terms, you will be refunded a pro-rated portion of any fees for your subscription you pre-paid calculated based on the monthly rate times the months remaining in your subscription. You will not be refunded partially used months.

17.General Provisions

The provisions of these Terms shall be governed by and construed according to the laws of the Commonwealth of Virginia. The parties agree to submit to the jurisdiction and venue of the appropriate state and/or federal courts in the County of Arlington, in the Commonwealth of Virginia. The failure of either party at any time to require performance by the other party of any provision I the Terms shall not affect in any way the full right to require such performance at any time thereafter; nor shall the waiver by either party of a breach of any provision hereof be taken or held to be a waiver of the provision itself.

18.Miscellaneous

These Terms set forth the complete agreement for the App, Sites, and Content. These Terms supersede all prior or contemporaneous agreements or representations with regards to the subject matter of these Terms. YogaRenew may transfer its rights and/or obligations under these Terms to any of its affiliated companies. If any term of these Terms is found to be invalid or unenforceable, the surviving provisions shall remain effective. YogaRenew´s failure to enforce any right or provisions stipulated in these Terms will not constitute a waiver of such provision, or any other provision of these Terms. YogaRenew may amend these Terms at any time, for any reason and without notice. An updated Terms of Use may be found within the App or Sites.