Terms of Use

 

Terms of Use and Release of Liability

Welcome to Yoga Health and Healing. By accessing or using the Yoga Health and Healing website, you agree to comply with and be bound by the following terms of use and release of liability. Please review the terms of use and release of liability carefully. If you do not wish to be bound by the following terms of use and release of liability, you should not access or use the Yoga Health and Healing website.

Agreement Between User and Yoga Health and Healing

1. Warning.
Any of the exercises shown on this website could cause an injury. Because not all exercises are suitable for everyone, we strongly encourage you to consult with a doctor before attempting any of the exercises shown on this website. Women who are pregnant or menstruating should consult with a doctor and use particular caution before attempting any of the exercises shown on this website, as there are unique limitations for women who are pregnant or menstruating. We also encourage you to use caution and never strain when attempting any of the exercises shown on this website. If you feel pain or dizziness at any point while attempting any of the exercises shown on this website, please stop immediately and seek medical attention, if necessary. Nothing on this website is a substitute for the care, diagnosis, and treatment provided by licensed healthcare professionals.

2. Modification of These Terms of Use.
Yoga Health and Healing reserves the right to change the terms, conditions, and notices under which the Yoga Health and Healing website is offered, including but not limited to any charges associated with the use of the Yoga Health and Healing website now or in the future. You are responsible for regularly reviewing these terms and conditions.

3. Personal and Non-commercial Use Limitation.
Unless otherwise specified, the Yoga Health and Healing website is for your personal and non-commercial use. You may download information, software, products or services obtained from the Yoga Health and Healing website for your personal, non-commercial use only, provided you keep intact all copyright and other proprietary notices.

4. Links to Third Party Sites.
Yoga Health and Healing makes no representations whatsoever about any other website which you may access through the Yoga Health and Healing website. When you access a non-Yoga Health and Healing website, please understand that it is independent from Yoga Health and Healing, and that Yoga Health and Healing has no control over the content on that website. Additionally, the Yoga Health and Healing website may contain links to other internet sites. Yoga Health and Healing provides these links to you only as a convenience, and the inclusion of any link does not imply Yoga Health and Healing’s endorsement of or association with these other internet sites. Your accessing linked sites or off-site pages will be at your own risk.

5. No Unlawful or Prohibited Use.
As a condition of your use of the Yoga Health and Healing website, you warrant to Yoga Health and Healing that you will not use the Yoga Health and Healing website for any purpose that is unlawful or prohibited by these terms, conditions, and notices. You may not use the Yoga Health and Healing website in any manner which could damage, disable, overburden, or impair the Yoga Health and Healing website or interfere with any other party's use and enjoyment of the Yoga Health and Healing website. You may not obtain or attempt to obtain any materials or information through any means not intentionally made available or provided to you through the Yoga Health and Healing website.

6. Use of Communication Forums.
The Yoga Health and Healing website may contain bulletin board services, chat areas, blogs, personal web pages, calendars, and/or other message or communication mediums (collectively “Communication Forums”), which allow communication with the public at large or with a group. Currently, these services are provided without charge. Yoga Health and Healing reserves the right to change the nature of this relationship at any time.

You agree to use these services only to post, send and receive messages and material that are proper and related to the particular Communication Forum.

Except as set forth in the Privacy Policy, your participation in the Communication Forums may be edited, censored or otherwise controlled by Yoga Health and Healing; however, Yoga Health and Healing has no obligation to monitor the Communication Forums. Except as set forth in the Privacy Policy, Yoga Health and Healing reserves the right to review materials posted to a Communication Forum and to remove materials at its sole discretion.

Always use caution when giving out any personally identifying information about yourself or your family in any Communication Forum that is not clearly identified as secure. Yoga Health and Healing does not control or endorse the content, messages or information found in any Communication Forum that is not specifically identified as secure, and, therefore, Yoga Health and Healing specifically disclaims any liability with regard to the unsecured Communication Forums and any actions resulting from your participation in any unsecured Communication Forum. Managers and hosts of the Communication Forums are not authorized spokespersons of Yoga Health and Healing, and their views do not necessarily reflect those of Yoga Health and Healing.

Materials uploaded to a Communication Forum may be subject to posted limitations on usage, reproduction and/or dissemination; you are responsible for adhering to such limitations if you download the materials.

7. Membership/Billing.
One-month memberships are billed monthly. All memberships are renewed automatically until canceled. There is no minimum obligation and members may cancel anytime. Membership must be canceled prior to the renewal date in order to end membership charges.

One-year memberships are billed yearly. All memberships are renewed automatically until canceled.

At times, special prepaid membership packages (SPMP) will be available for purchase. Unless otherwise noted, SPMP will be recurring and will renew automatically on the expiry date. Membership must be canceled prior to the renewal date in order to end membership charges.

Any monthly membership can be upgraded to prepaid packages. As well, any prepaid package can be changed to a monthly membership package. Any change to a membership package by the member will occur following the expiry of the current membership package.

Gift certificates will expire 4 months following the email delivery date unless otherwise stated on the gift certificate or by other notification. Gift certificates cannot be redeemed for cash value.

Membership fees and gift certificates are charged in USD currency. Depending upon your credit card's currency and the country in which your card was issued, your credit card provider may impose foreign exchange fees and other fees which are in accordance with your arrangements with that credit card provider.
Three day Free Trials can only be used once per customer.

8. Returns and Refunds Policy (Memberships).
Viewing Yoga Health and Healing material on the site requires broadband access. Review FAQ’s and system requirements to ensure that you can take full advantage of membership before purchase.

Full refunds, minus a $10 processing fee, for yearly memberships can only be provided within 7 days of purchase. Purchases of monthly memberships, gift certificates, downloads, and items from the on-line store are non-refundable.

9. Videos and Downloads Available on the Yoga Health and Healing web site.
All videos and downloads made available on the Yoga Health and Healing web site are the copyrighted work of Yoga Health and Healing. Yoga Health and Healing hereby grants to you, the user, a personal, non-transferable license for the non-profit use of the downloads for viewing and other purposes authorized by these Terms of Use, and for no other purpose, provided that you keep intact all copyright and other proprietary notices. No other license is granted. Any reproduction or redistribution of the videos or downloads is expressly prohibited by law, and may result in severe civil and criminal penalties. Violators will be prosecuted to the maximum extent possible.

10. Assumption of Risk, Disclaimer of Liability, Indemnity.
THE USER ASSUMES ALL RISK FOR SELECTION AND USE OF THE SERVICES AND CONTENT PROVIDED ON THE YOGA HEALTH AND HEALING WEBSITE. YOGA HEALTH AND HEALING SHALL NOT BE RESPONSIBLE FOR ANY ERRORS, MISSTATEMENTS, INACCURACIES OR OMISSIONS REGARDING CONTENT DELIVERED THROUGH THE SERVICE OR ANY DELAYS IN OR INTERRUPTIONS OF SUCH DELIVERY. THE USER ALSO ASSUMES THE RISK OF DAMAGE TO THEIR COMPUTER CAUSED BY VIRUSES OR OTHER COMPLICATION ASSOCIATED WITH THE USE OF THE INTERNET. YOGA HEALTH AND HEALING DISCLAIMS ANY LIABILITY ASSOCIATED WITH SUCH DAMAGE.

THE USER ACKNOWLEDGES THAT YOGA HEALTH AND HEALING: (A) HAS NO CONTROL OF OR RESPONSIBILITY FOR THE USER’S USE OF THE SERVICE OR CONTENT PROVIDED ON THE YOGA HEALTH AND HEALING WEBSITE, (B) HAS NO KNOWLEDGE OF THE SPECIFIC OR UNIQUE CIRCUMSTANCES UNDER WHICH THE SERVICE OR CONTENT PROVIDED ON THE YOGA HEALTH AND HEALING WEB SITE MAY BE USED BY THE USER, (C) UNDERTAKES NO OBLIGATION TO SUPPLEMENT OR UPDATE CONTENT OF THE SERVICE, AND (D) HAS NO LIABILITY TO ANY PERSON FOR ANY DATA OR INFORMATION INPUT ON THE WEBSITE BY PERSONS OTHER THAN YOGA HEALTH AND HEALING.

THE USER FURTHER ACKNOWLEDGES THAT THERE WILL BE OCCASIONAL INTERRUPTIONS IN THE SERVICES PROVIDED BY THE YOGA HEALTH AND HEALING WEB SITE AND/OR THE AVAILABILITY OF CONTENT DUE TO WEBSITE MAINTENANCE, WEBSITE FAILURES, WHETHER OR NOT CAUSED BY YOGA HEALTH AND HEALING, OR OTHER UNFORESEEN CIRCUMSTANCES BEYOND YOGA HEALTH AND HEALING’S CONTROL. YOGA HEALTH AND HEALING DISCLAIMS ANY LIABILITY RELATED TO THESE INTERRUPTIONS.

YOGA HEALTH AND HEALING SHALL NOT BE LIABLE TO ANY PERSON FOR, AND THE USER AGREES TO INDEMNIFY AND HOLD YOGA HEALTH AND HEALING HARMLESS FROM, ANY CLAIMS, LAWSUITS, PROCEEDINGS, COSTS, ATTORNEYS’ FEES, DAMAGES OR OTHER LOSSES (COLLECTIVELY, "LOSSES") ARISING OUT OF OR RELATING TO THE USER'S USE OF THE SERVICE OR CONTENT PROVIDED ON THE YOGA HEALTH AND HEALING WEB SITE IN ALL CASES INCLUDING BUT NOT LIMITED TO LOSSES FOR TORT, PERSONAL INJURY, MEDICAL MALPRACTICE OR PRODUCT LIABILITY. FURTHER, WITHOUT LIMITING THE FOREGOING, IN NO EVENT SHALL YOGA HEALTH AND HEALING BE LIABLE FOR ANY DIRECT, INDIRECT, EXEMPLARY, SPECIAL, INCIDENTAL, OR CONSEQUENTIAL DAMAGES ARISING OUT OF OR RELATING TO THE USER’S USE OF OR INABILITY TO USE THE SERVICES EVEN IF YOGA HEALTH AND HEALING HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. YOGA HEALTH AND HEALING’S TOTAL MAXIMUM CUMULATIVE LIABILITY HEREUNDER IN CONNECTION WITH THIS AGREEMENT, WHETHER ARISING UNDER CONTRACT OR OTHERWISE, IS LIMITED TO THE FEES RECEIVED BY YOGA HEALTH AND HEALING UNDER THIS AGREEMENT SPECIFICALLY RELATING TO THE USER’S USE OF THE SERVICE OR PRODUCT WHICH IS THE SUBJECT OF THE CLAIM.

THE INFORMATION CONTAINED WITHIN THE YOGA HEALTH AND HEALING WEB SITE IS INTENDED FOR USE ONLY AS AN INFORMATIONAL TOOL AND USERS ARE URGED TO CONSULT WITH A PHYSICIAN IN CONNECTION WITH ANY HEALTH ISSUE AND BEFORE ATTEMPTING ANY OF THE EXERCISES SHOWN ON THE YOGA HEALTH AND HEALING WEBSITE. AS BETWEEN THE USER AND YOGA HEALTH AND HEALING, THE USER HEREBY ASSUMES FULL RESPONSIBILITY FOR INSURING THE APPROPRIATENESS OF USING AND RELYING UPON THE INFORMATION IN VIEW OF ALL ATTENDANT CIRCUMSTANCES, INDICATIONS, AND CONTRAINDICATIONS.

10. Disclaimer of Warranties.
ALL INFORMATION, DOWNLOADS, SOLUTIONS, PRODUCTS, SERVICES AND RELATED GRAPHICS ARE PROVIDED "AS IS" WITHOUT WARRANTY OF ANY KIND. YOGA HEALTH AND HEALING HEREBY DISCLAIMS ALL WARRANTIES AND CONDITIONS WITH REGARD TO THIS INFORMATION, DOWNLOADS, SOLUTIONS, PRODUCTS, SERVICES, AND RELATED GRAPHICS, INCLUDING ALL IMPLIED WARRANTIES AND CONDITIONS OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE AND NON-INFRINGEMENT.

11. Waiver and Release.
YOU HEREBY RELEASE AND FOREVER WAIVE ANY AND ALL CLAIMS YOU MAY HAVE AGAINST YOGA HEALTH AND HEALING, ITS RESPECTIVE OFFICERS, DIRECTORS, EMPLOYEES, AGENTS, CONTENT PROVIDERS OR SUPPLIERS FOR LOSSES OR DAMAGES YOU SUSTAIN IN CONNECTION WITH YOUR USE OF THE YOGA HEALTH AND HEALING WEBSITE.

12. Service Contact.
Send an email to:
This e-mail address is being protected from spambots. You need JavaScript enabled to view it or call: 720-389-8071.

13. Privacy Policy.
Yoga Health and Healing considers their users' privacy to be of the utmost importance and will do everything possible to protect it. However, by using the website, you acknowledge and agree that internet use is NOT 100% secure, even if special notice is given asserting the security/encryption used by the website.
Yoga Health and Healing will NOT SELL or RENT your contact information to marketers.
You also acknowledge and agree that Yoga Health and Healing may preserve any transmittal or communication by you through the Yoga Health and Healing website and may disclose such data if required to do so by law, to enforce these Terms of Use, to respond to claims that such data violates the rights of others, or to protect the rights, property or personal safety of Yoga Health and Healing, its associates, users of or visitors to the Yoga Health and Healing website, and the public.
The Yoga Health and Healing website may use “cookies” and other technologies to study traffic patterns and gather certain information automatically, that may include internet protocol addresses, browser type, internet service provider, referring/exit pages, operating system, date/time stamp, and click stream data.

14. User Representations.
You represent and warrant that you are at least eighteen (18) years of age and that you possess the legal right and ability to enter into this Agreement and to use the Yoga Health and Healing website in accordance with this Agreement. You agree to be financially responsible for your use of the Yoga Health and Healing website (as well as for use of any account by others, including minors living with you) and to comply with your responsibilities and obligations as stated in this Agreement. If you have agreed to allow your minor child, or a child for whom you are legal guardian (a "Minor"), to use or register as a member of the Yoga Health and Healing services, you agree that you shall be solely responsible for: (a) the online conduct of such Minor; (b) monitoring such Minor's access to and use of the Yoga Health and Healing website; and (c) the consequences of any use of the Services by such Minor.

15. Term & Termination.
Yoga Health and Healing may terminate your right to use the Yoga Health and Healing website at any time, with or without cause, upon ten (10) days notice. Yoga Health and Healing also reserves the right to terminate or suspend any membership or account upon ten (10) days prior written notice. In addition, Yoga Health and Healing may withdraw, suspend or discontinue any functionality or feature of the Yoga Health and Healing web site, including discontinuing the Yoga Health and Healing web site altogether. The provisions concerning Copyrights, Assumption of Risk, Disclaimer of Liability, Indemnity, Disclaimer of Warranties Waiver and Release and General shall survive any termination of this Agreement.

16. General.
This Agreement is governed by the laws of the State of Colorado; U.S.A. Use of the Yoga Health and Healing website is unauthorized in any jurisdiction that does not give effect to all provisions of these terms and conditions, including without limitation this paragraph. Yoga Health and Healing’s 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. Yoga Health and Healing may assign its rights and duties under this Agreement to any party at any time without notice to you.

If any part of this Agreement is determined to be invalid or unenforceable pursuant to applicable law including, but not limited to, the warranty disclaimers and liability limitations set forth above, then the invalid or unenforceable provision will be deemed superseded by a valid, enforceable provision that most closely matches the intent of the original provision and the remainder of this Agreement shall continue in effect. Unless otherwise specified herein, this Agreement constitutes the entire agreement between the user and Yoga Health and Healing and it supersedes all prior or contemporaneous communications and proposals, whether electronic, oral or written, between the user and Yoga Health and Healing.

17. Dispute Resolution.
In the event of any dispute between you and Yoga Health and Healing that cannot be resolved between the Parties, you agree that any and all claims, controversies or disputes arising from or related to the use of the Yoga Health and Healing web site or this Agreement, including, but not limited to those claims, controversies or disputes pertaining to the formation, construction, performance, applicability, interpretation, enforceability, or breach of this Agreement, or any claim or assertion that all or part of this Agreement is void or voidable, shall be settled by binding arbitration administered by the Judicial Arbiter Group, Inc. (hereinafter “JAG”), applying JAG’s rules and procedures. Further, venue for the arbitration proceeding shall be in Denver, Colorado. You also agree that any award tendered by the arbitrator may be entered as a judgment in the Denver County District Court and enforceable as an order of said court and the Parties hereby submit to the venue and jurisdiction of that court for purposes of enforcement of any arbitration award.

18. Notice.
Yoga Health and Healing may deliver notice to you under this Agreement by means of electronic mail to the e-mail address on record in the account holder’s Yoga Health and Healing account information, a general notice on the Yoga Health and Healing website, or by written communication delivered by first class U.S. mail to the address on record in the account holder’s Yoga Health and Healing account information. You may give notice to Yoga Health and Healing at any time via electronic mail to:
This e-mail address is being protected from spambots. You need JavaScript enabled to view it