Terms and Conditions — Last modified: January 12, 2019
Welcome to Get Well Yoga! The Get Well Yoga website (hereinafter referred to as "Get Well Yoga") was created to give you lifestyle and fitness content in the form of articles and videos and to help you connect with like minded people around the word. Get Well Yoga is not aimed at users under the age of eighteen (18).
Get Well Yoga is fully owned by Get Well Ventures, Inc. (hereinafter referred to as "Get Well"). Get Well is based in the Special Administrative Region (hereinafter referred to as " United States of America"). The following terms and conditions (hereinafter referred to as the "Agreement") apply to all websites, products and services offered by Get Well under the Get Well Yoga brand. This includes the mobile and tablet versions as well as any other version of Get Well Yoga accessible via desktop, mobile, tablet, social media, internet television or other devices (hereinafter referred to as the "Service").
PLEASE READ THIS TERMS OF USE AGREEMENT VERY CAREFULLY BEFORE USING Get Well Yoga
1. Acceptance of Terms
This Agreement sets forth legally binding terms for your use of Get Well Yoga. By using Get Well Yoga, you agree to be bound by this Agreement, whether you are a "Visitor" (which means that you simply browse the Get Well Yoga website) or you are a "Member" (which means that you have registered on Get Well Yoga as a user). If you do not accept the terms of this Agreement, you should leave the Get Well Yoga website and discontinue use of the Service immediately. We may modify this Agreement from time to time, and such modification shall be effective upon its posting on Get Well Yoga. You agree to be bound by any modification to this Agreement when you use Get Well Yoga after any such modification is posted; it is therefore important that you review this Agreement regularly.
2. General Registration Requirements
If you wish to become a Member, communicate with other Members and otherwise make use of the Service, you must read this Agreement and indicate your acceptance during the 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 of America 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 Get Well Yoga (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, Get Well Yoga 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. Use of the Service and membership on Get Well Yoga is void where prohibited.
Content (as defined in Section 6 of this Agreement) on Get Well Yoga 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 Get Well. Get Well reserves all rights not expressly granted in and to Get Well Yoga and the Content.
You may access Get Well Yoga and its Content as available:
for your information and personal use; as intended through the normal functionality of the Get Well Service; and for Streaming, ("Streaming" or "Stream" means a contemporaneous digital transmission of an audiovisual work via the Internet from the Get Well 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 Get Well Yoga videos for any purpose or in any manner other than Streaming is expressly prohibited.
3. 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 Get Well Yoga 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 Get Well Yoga. Get Well 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 Get Well Yoga videos. Nothing contained in Get Well Yoga should be construed as any form of such medical advice or diagnosis.
By using Get Well Yoga 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 and activities from Get Well Yoga, you will not exceed your limits while performing such activity, and you will select the appropriate level of classes 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 Get Well, or any person or entity involved with Get Well Yoga and Get Well, including without limitation its directors, principals, instructors, independent contractors, employees, agents, contractors, affiliates and representatives.
4. Minors
Get Well Yoga and any content offered by Get Well is not directed to persons under eighteen (18) years of age, and by providing information about yourself to Get Well Yoga you are representing that you are eighteen (18) years of age or older.
5. Member Account, Password and Security
If you register on Get Well Yoga, you will be required to choose a password and user name, and you may be asked for additional information regarding your account, such as your e-mail address. You are responsible for maintaining the confidentiality of your password and account information, and are fully responsible for all activities that occur under your password or account. You agree to (a) immediately notify Get Well of any unauthorized use of your password or account or any other breach of security, and (b) ensure that you log out from your account at the end of each session. You may never use another Member's account without prior authorization from Get Well. Get Well will not be liable for any loss or damage arising from your failure to comply with this Agreement.
6. Prohibited Conduct
You agree not to use the Service to post or otherwise transmit information, data, text, software, music, sound, photographs, graphics, video, messages, tags, or other materials ("Content" means the transmission of information, data, text, software, music, sound, photographs, graphics, video, messages, tags or other materials generated by a user) that:
is patently offensive and/or promotes racism, bigotry, hatred or physical harm of any kind against any group or individual; harasses or advocates harassment of another person; exploits people in a sexual or violent manner; contains nudity, violence, pornography, sexually explicit material or offensive subject matter; provides any telephone numbers, street addresses, last names or email addresses of anyone other than your own; promotes information that you know is false or misleading or promotes illegal activities or conduct that is abusive, threatening, obscene, defamatory or libelous; violates any intellectual property or other proprietary right of any third party, including Content that promotes an illegal or unauthorized copy of another person's copyrighted work, such as providing pirated computer programs or links to them, providing information to circumvent manufacture-installed copy-protect devices, or providing pirated music or links to pirated music files; involves the transmission of "junk mail," "chain letters," or unsolicited mass mailing, instant messaging, "spimming," or "spamming"; contains restricted or password only access pages or hidden pages or images (those not linked to or from another accessible page); furthers or promotes any criminal activity or enterprise or provides instructional information about illegal activities including, but not limited to making or buying illegal weapons, violating someone's privacy, or providing or creating computer viruses; solicits passwords or personal identifying information from other Members; involves commercial activities and/or sales without Get Well's prior written consent, such as contests, sweepstakes, barter, advertising, and/or pyramid schemes; includes a photograph of another person that you have posted without that person's consent or otherwise constitutes an invasion of an individual's privacy or infringement of publicity rights; denigrates, ridicules, or demeans another person; or contains a virus or other harmful component. You agree not to use or launch any automated system, including without limitation, "robots," "spiders," or "offline readers," that accesses Get Well Yoga in a manner that sends more request messages to the Get Well servers in a given period of time than a human can reasonably produce in the same period by using a conventional on-line web browser.7. Responsibility for Content
You, and not Get Well, are entirely responsible for all Content that you post, email, transmit or otherwise make available via Get Well Yoga. Get Well does not control the Content posted via Get Well Yoga and, as such, we do not guarantee the accuracy, integrity or quality of such Content. You understand that by using the Service, you may be exposed to Content that you deem offensive, indecent or objectionable. Under no circumstances will Get Well be liable in any way for any Content, including, but not limited to, any errors or omissions in any Content, or any loss or damage of any kind incurred at any time as a result of the use of any Content posted, emailed, transmitted or otherwise made available via the Service.
8. Rejection/Removal of Content
You acknowledge that Get Well may or may not pre-screen Content posted on Get Well Yoga, that Get Well is not responsible for behavior or comments of teachers and/or students and/or music on Get Well Yoga, but that Get Well shall have the right (but not the obligation) in its sole discretion to pre-screen, edit, refuse, or remove any Content or portion thereof that is available via the Service, for any reason. Without limiting the foregoing, Get Well shall have the right to remove from Get Well Yoga any Content that violates this Agreement or is otherwise objectionable in the sole discretion of Get Well.
If you become aware of misuse of the Service by any person, please contact us.
9. Termination or Suspension of Account
You agree that Get Well may at any time and for any reason, including a period of account inactivity, terminate your access to Get Well Services, or restrict or suspend your access to all or any part of the Service at any time, for any or no reason, with or without prior notice, and without liability.
10. Preservation/Disclosure
You acknowledge, consent and agree that Get Well may access, preserve and disclose your account information and Content if required to do so by law or in a good faith belief that such access, preservation or disclosure is reasonably necessary to: (a) comply with legal process nationally or internationally; (b) enforce this Agreement; (c) respond to claims that any Content violates the rights of third parties; (d) respond to your requests for customer service; (e) protect the rights, property or personal safety of Get Well Yoga, its Members and the public; or (f) pursuant to the terms of the Privacy Policy.
11. Security Components
You understand that Get Well Yoga and software embodied within Get Well Yoga may include security components that permit digital materials to be protected, and that use of these materials is subject to usage rules set by Get Well and/or content providers who provide content to the Get Well Yoga platform and Get Well. You may not attempt to override, disable, circumvent or otherwise interfere with any such security components and usage rules embedded into Get Well Yoga.
12. Proprietary Rights
All materials on Get Well Yoga, including, without limitation, names, logos, trademarks, images, text, columns, graphics, videos, photographs, illustrations, artwork, software and other elements (collectively, "Material") are protected by copyrights, trademarks and/or other intellectual property rights owned and controlled by Get Well or by third parties that have licensed or otherwise provided their material to Get Well. You acknowledge and agree that all Materials on Get Well Yoga are made available for limited, non-commercial, personal use only. Except as specifically provided herein or elsewhere on this Get Well Yoga, no Material may be copied, reproduced, republished, sold, downloaded, posted, transmitted, or distributed in any way, or otherwise used for any purpose, by any person or entity, without Get Well's prior express written permission. You may not add, delete, distort, or otherwise modify the Material. Any unauthorized attempt to modify any Material, to defeat or circumvent any security features, or to utilize Get Well Yoga or any part of the Material for any purpose other than its intended purposes is strictly prohibited.
13. Non-commercial Use
The Service may not be used in connection with any commercial purposes, except as specifically approved by Get Well. Unauthorized framing of or linking to any of Get Well Yoga is prohibited. Commercial advertisements, affiliate links, and other forms of solicitation may be removed from Member profiles and Content without notice and may result in termination of membership privileges.
14. License to Your Content
By posting, displaying, publishing, transmitting, or otherwise making available (individually and collectively, "Posting") any Content on or through Get Well Yoga or the Service, you hereby grant to Get Well a non-exclusive, fully-paid, royalty-free, perpetual, irrevocable, worldwide license (with the right to sublicense through unlimited levels of sublicensees) to use, copy, modify, adapt, translate, create derivative works, publish, publicly perform, publicly display, store, reproduce, transmit, distribute, and otherwise make available such Content on and through Get Well Yoga, in print, or in any other format or media now known or hereafter invented, without prior notification, compensation, or attribution to you, and without your consent. If you wish to remove any Content from the Service, your ability to do so may depend on the type of Content, the location and manner of Posting, and other factors. You may contact us to request the removal of certain Content you have Posted, but Get Well has no obligation to remove any such Content, may choose whether or not to do so in its sole discretion, and makes no guarantee as to the complete deletion of any such Content and copies thereof. Notwithstanding the foregoing, a back-up or residual copy of any Content Posted by you may remain on Get Well's servers after the Content appears to have been removed from Get Well Yoga, and Get Well retains the rights to all such remaining copies. You represent and warrant that: (a) you own all right, title and interest in all Content posted by you on or through Get Well Yoga or the Service, or otherwise have the right to grant the license set forth in this section, and (b) the Posting of your Content on or through Get Well Yoga or Service does not violate the privacy rights, publicity rights, copyrights, publishing, trademarks, patents, trade secrets, contract rights, confidentiality, or any other rights of any third party.
15. Get Well and Third Parties
Get Well Yoga contains Content of Get Well, and Content of third party licensors to Get Well (including content provided by users of Get Well Yoga, as described above), which is protected by copyright, trademark, patent, trade secret and other laws. Get Well owns and retains all rights, title and interest in the Get Well Yoga Content. Get Well hereby grants to you a limited, revocable, non-sublicensable license to Stream and/or view the Get Well Yoga Content and any third party Content located on or available through Get Well Yoga or Service (excluding any software code therein as set forth above) solely for your personal, non-commercial use in connection with viewing Get Well Yoga and using the Service. Except for Content posted by you, you may not copy, modify, translate, publish, broadcast, transmit, distribute, perform, display, make available, or sell any Content appearing on or through Get Well Yoga or Service.
Any dealings with third parties included within or on Get Well Yoga involving the delivery of and payment for goods and services, or any other terms, conditions, warranties, or representations associated with such third parties, are solely between you and that third party. Get Well is neither responsible nor liable for any part of such dealings or promotions. Any reference to any third party or the products or services of any third party on Get Well Yoga does not constitute an endorsement or recommendation of such third party or the product or services of such third party by Get Well or any of its employees, officers, independent contractors, agents or other representatives. Any reference to any third party on Get Well Yoga is provided to you for informational purposes only. Get Well encourages you to conduct your own research and due diligence regarding such third parties and their products and services. While Get Well works to ensure the information on Get Well Yoga is current and accurate, Get Well does not warrant the accuracy of any information contained on Get Well Yoga (including information provided by instructors) or its fitness for any particular purpose.
16. External links
The Get Well Yoga website contains links to external and to third party websites. The Get Well Yoga website does not guarantee, approve or endorse the information or products available at these sites, nor does a link indicate any association with or endorsement by the linked site to the Get Well Yoga website in question. The Get Well Yoga website does not operate or control and does not have any responsibility for any information, products and/or services found on external websites. Nor do such links represent or endorse the accuracy or reliability of any information, products and/or services provided on or through any external sites, including, without limitation, warranties of any kind, either express or implied, warranties of title or non-infringement of implied warranties of merchantability or fitness for a particular purpose. People who visit the Get Well Yoga website are assumed to take their own responsibility and risk in using any external sites. Visitors should report any concerns or dissatisfaction regarding any external link to its site administrator or webmaster.
17. International Use
Due to the global nature of the Internet, you agree to comply with all local rules regarding online conduct and acceptable Content. Specifically, you agree to comply with all applicable laws regarding the transmission of technical data exported from the United States of America or the country in which you reside.
18. Privacy Policy
Get Well respects your privacy and permits you to control certain aspects of the treatment of your personal information as set forth in Get Well Yoga's Privacy Policy. A complete statement of the current privacy policy can be found in Get Well Yoga's Privacy Policy. The Privacy Policy is expressly incorporated into this Agreement by this reference.
19. Infringement Policy
Get Well reserves the right in its sole discretion to immediately suspend and/or terminate access to the Service or Get Well Yoga by any user who is alleged to have infringed on the intellectual property rights of Get Well or of a third party, or otherwise violated any intellectual property laws or regulations. Get Well's policy is to investigate any allegations of copyright infringement brought to its attention. If you have evidence, know, or have a good faith belief that your rights or the rights of a third party have been violated and you want Get Well to delete, edit, or disable the material in question, you must provide Get Well with all of the following information: (a) a physical or electronic signature of a person authorized to act on behalf of the owner of the exclusive right that is allegedly infringed; (b) identification of the copyrighted work claimed to have been infringed, or, if multiple copyrighted works are covered by a single notification, a representative list of such works; (c) identification of the material that is claimed to be infringed or to be the subject of infringing activity and that is to be removed or access to which is to be disabled, and information reasonably sufficient to permit Get Well to locate the material; (d) information reasonably sufficient to permit Get Well to contact you, such as an address, telephone number, and if available, an electronic mail address at which you may be contacted; (e) a statement that you have a good faith belief that use of the material in the manner complained of is not authorized by the copyright owner, its agent, or the law; and (f) a statement that the information in the notification is accurate, and under penalty of perjury, that you are authorized to act on behalf of the owner of an exclusive right that is allegedly infringed. For this notification to be effective, you must provide it to us by e-mail with a return receipt acknowledgement.
20. Member Disputes
You are solely responsible for your interactions with other Members. Get Well reserves the right, but has no obligation, to monitor or mediate disputes between you and other Members.
21. Term and Termination
This Agreement shall remain in full force and effect for so long as it is posted on any of Get Well Yoga.
Subscription termination: You may terminate your subscription membership at any time, for any reason, by following the instructions on Get Well Yoga. If you cancel your membership before the end of the applicable billing cycle, your account will be cancelled as of the following month. You will not receive a refund for the current billing period. Lifetime access termination: You may terminate your subscription membership at any time, for any reason, by following the instructions on Get Well Yoga. However, Get Well Yoga does not give refunds. This means that your termination will only result in the deletion of the account. Get Well reserves the right to terminate your account or your access to Get Well Yoga immediately, with or without notice to you, and without liability to you, if Get Well believes that you have breached any of the terms of this Agreement, furnished Get Well with false or misleading information, or interfered with use of Get Well Yoga or the Service by others.
22. Membership
Subscription pricing: When you purchase a membership subscription, you will initially be charged at the rate applicable at the time of your agreement to subscribe. If Get Well later increases the price of the subscription, Get Well will notify you. The increase will apply to the next payment due from you after the notice, provided that you have been given at least 10 days' prior notice before the charge is made. If you are given less than 10 days' prior notice, the price increase will not apply until the payment after the next payment due. Lifetime access pricing: At certain occasions Get Well Yoga offers lifetime subscription accounts. These accounts can only be purchased during dedicated limited time periods as specified in the product descriptions. When you purchased your Get Well Yoga license, we will clearly state whether you are buying a limited time subscription or a lifetime access pass. In case you wish to upgrade your subscription to a lifetime pass, you will have to make a new purchase. We do not offer refunds for subscription payments you have already made in the past. Account sharing is not allowed: Members of Get Well Yoga may not share, give or sell their password or username to any other person or entity. Excessive viewings or logins by any Member will be construed by Get Well as fraudulent use of Get Well Yoga, which will result in the immediate cancellation of membership without refund. When becoming a Member you agree to take all actions possible to protect your username and password from fraudulent use. Refunds: Upon purchase, every customer receives a unique registration code, which can be used to create a Get Well Yoga account. Refunds are generally only given for registration codes that have not been activated (i.e. entered to create an account) and within 7 days after purchase. Fraud: Get Well reserves the right to cancel any membership it believes has been compromised, or is being used fraudulently, at its own discretion.
23. Image and Video Terms of Use
Our editors typically include images or videos as part of their blog posts and the images that they are authorized to use is the following: Images/videos that are supplied to our editors or released into the public domain by public relations and marketing companies for press or other purposes Images/videos that are licensed from vendors Images/videos that are published on YouTube, Vimeo, Photobucket, Flickr or other public photo and video sites with licenses granted under Creative Commons, with attribution in accordance with the CC license granted in each case Images/videos that are supplied by readers, with the implied representation that the person submitting the image/video owns the copyright in the image/video and the right to give it to us for use on our site Images/videos that are commissioned by Get Well Sites Images that we believe to be covered by the Fair Use Doctrine, such as: Thumbnail images of 150 x 150 pixels or less, cropped or reduced in size from the original source Images/videos used in a transformative manner, such as parody Images/videos that are widely distributed that they have become part of the news Images/videos that are used to illustrate a newsworthy story, where the image itself tells a story If Get Well Sites receives any notice that an image is posted up inappropriately such as not keeping with the terms listed above, we reserve the right to remove that image.
If you think we have published an image or text that violates your copyright, we will address your concerns; however, if the image falls into one of the listed categories above and we believe that our use of the image is legitimate, we will not remove it from the site.
24. Contest disclaimer
The maximum number of entries per person allowed during any contest period is as the contest has specified. Any attempt by a person to submit more than the stated maximum number of entries will be disqualified from participation in this contest. Get Well is are not responsible for lost, late, incomplete, invalid, unintelligible, illegible, misdirected or postage-due entries, which will be disqualified. By participating, all entrants agree to abide by these official contest rules.
In consideration for your participation in the contest, the individual, group, organization, business, spectator, or other, does hereby release and forever discharge the Get Well and the Get Well Yoga website, and its officers, board and employees, jointly and severally from any and all actions, cause of actions, claim and demands for, upon or by reason of any damage, loss or injury including death, which hereafter may be sustained by participating in the contest.
This release extends and applies to, and also covers and includes, all unknown, unforeseen, unanticipated and unsuspected injuries, damages, loss and liability and the consequences thereof including death, as well as those now disclosed and know to exist. The provision of any state, federal, local or territorial law or state providing substance that releases shall not extend to claims, demands, injuries, or damages which are know or unsuspected to exist at this time, to the person executing such release, are hereby expressly waived.
It is further understood and agreed that said participation in the contest not to be construed as an admission of any liability and acceptance of assumption of responsibility by Get Well and the Get Well Yoga website, its officers, board and employees, jointly and severally, for all damages and expenses for which Get Well and the Get Well Yoga website, its officers, board and employees, become liable as a result of any alleged act of the parade participant.
The prize is non-transferable and cannot be exchanged for cash.
Get Well reserves the right to offer alternative prize if any prize is not available or under special situation.
25. Disclaimer of Warranties
YOU AGREE THAT YOUR USE OF Get Well Yoga SHALL BE AT YOUR SOLE RISK. Get Well Yoga AND THE MATERIALS ARE PROVIDED "AS IS" AND WITHOUT WARRANTIES OF ANY KIND, EITHER EXPRESS OR IMPLIED. TO THE FULLEST EXTENT PERMITTED BY LAW, GET WELL, ITS OFFICERS, DIRECTORS, EMPLOYEES, AND AGENTS DISCLAIM ALL WARRANTIES, EXPRESS OR IMPLIED, IN CONNECTION WITH Get Well Yoga AND YOUR USE THEREOF. GET WELL MAKES NO WARRANTIES OR REPRESENTATIONS ABOUT THE ACCURACY OR COMPLETENESS OF Get Well Yoga'S CONTENT OR THE CONTENT OF ANY SITES LINKED TO Get Well Yoga AND ASSUMES NO LIABILITY OR RESPONSIBILITY FOR ANY (I) ERRORS, MISTAKES, OR INACCURACIES OF CONTENT, (II) PERSONAL INJURY OR PROPERTY DAMAGE, OF ANY NATURE WHATSOEVER, RESULTING FROM YOUR ACCESS TO AND USE OF Get Well Yoga, (III) ANY UNAUTHORIZED ACCESS TO OR USE OF GET WELL SECURE SERVERS AND/OR ANY AND ALL PERSONAL INFORMATION AND/OR FINANCIAL INFORMATION STORED THEREIN, (IV) ANY INTERRUPTION OR CESSATION OF TRANSMISSION TO OR FROM Get Well Yoga, (V) ANY BUGS, VIRUSES, TROJAN HORSES, OR THE LIKE WHICH MAY BE TRANSMITTED TO OR THROUGH Get Well Yoga BY ANY THIRD PARTY, AND/OR (VI) ANY ERRORS OR OMISSIONS IN ANY CONTENT OR FOR ANY LOSS OR DAMAGE OF ANY KIND INCURRED AS A RESULT OF THE USE OF ANY CONTENT POSTED, EMAILED, TRANSMITTED, OR OTHERWISE MADE AVAILABLE VIA Get Well Yoga.
GET WELL DOES NOT WARRANT, ENDORSE, GUARANTEE, OR ASSUME RESPONSIBILITY FOR ANY PRODUCT OR SERVICE ADVERTISED OR OFFERED BY A THIRD PARTY THROUGH Get Well Yoga OR ANY HYPERLINKED WEBSITE OR FEATURED IN ANY BANNER OR OTHER ADVERTISING, AND GET WELL WILL NOT BE A PARTY TO OR IN ANY WAY BE RESPONSIBLE FOR MONITORING ANY TRANSACTION BETWEEN YOU AND THIRD-PARTY PROVIDERS OF PRODUCTS OR SERVICES. AS WITH THE PURCHASE OF A PRODUCT OR SERVICE THROUGH ANY MEDIUM OR IN ANY ENVIRONMENT, YOU SHOULD USE YOUR BEST JUDGMENT AND EXERCISE CAUTION WHERE APPROPRIATE.
26. Limitation on Liability
IN NO EVENT SHALL GET WELL, ITS OFFICERS, DIRECTORS, EMPLOYEES, OR AGENTS, BE LIABLE TO YOU FOR ANY DIRECT, INDIRECT, INCIDENTAL, SPECIAL, PUNITIVE, OR CONSEQUENTIAL DAMAGES WHATSOEVER RESULTING FROM ANY (I) ERRORS, MISTAKES, OR INACCURACIES OF CONTENT, (II) PERSONAL INJURY OR PROPERTY DAMAGE, OF ANY NATURE WHATSOEVER, RESULTING FROM YOUR ACCESS TO AND USE OF Get Well Yoga, (III) ANY UNAUTHORIZED ACCESS TO OR USE OF GET WELL SECURE SERVERS AND/OR ANY AND ALL PERSONAL INFORMATION AND/OR FINANCIAL INFORMATION STORED THEREIN, (IV) ANY INTERRUPTION OR CESSATION OF TRANSMISSION TO OR FROM Get Well Yoga, (V) ANY BUGS, VIRUSES, TROJAN HORSES, OR THE LIKE, WHICH MAY BE TRANSMITTED TO OR THROUGH Get Well Yoga BY ANY THIRD PARTY, AND/OR (VI) ANY ERRORS OR OMISSIONS IN ANY CONTENT OR FOR ANY LOSS OR DAMAGE OF ANY KIND INCURRED AS A RESULT OF YOUR USE OF ANY CONTENT POSTED, EMAILED, TRANSMITTED, OR OTHERWISE MADE AVAILABLE VIA Get Well Yoga, WHETHER BASED ON WARRANTY, CONTRACT, TORT, OR ANY OTHER LEGAL THEORY, AND WHETHER OR NOT THE GET WELL IS ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. THE FOREGOING LIMITATION OF LIABILITY SHALL APPLY TO THE FULLEST EXTENT PERMITTED BY LAW IN THE APPLICABLE JURISDICTION.
YOU SPECIFICALLY ACKNOWLEDGE THAT GET WELL SHALL NOT BE LIABLE FOR CONTENT POSTED BY USERS OR THE DEFAMATORY, OFFENSIVE, OR ILLEGAL CONDUCT OF ANY THIRD PARTY AND THAT THE RISK OF HARM OR DAMAGE FROM THE FOREGOING RESTS ENTIRELY WITH YOU.
ANY REFERENCE TO A PERSON, ENTITY, PRODUCT, OR SERVICE ON Get Well Yoga DOES NOT CONSTITUTE AN ENDORSEMENT OR RECOMMENDATION BY GET WELL OR ANY OF ITS EMPLOYEES. GET WELL IS NOT RESPONSIBLE FOR ANY THIRD PARTY CONTENT ON Get Well Yoga OR THIRD PARTY WEB PAGE ACCESSED FROM Get Well Yoga, NOR DOES GET WELL WARRANT THE ACCURACY OF ANY INFORMATION CONTAINED IN A THIRD PARTY WEBSITE OR ITS FITNESS FOR ANY PARTICULAR PURPOSE.
NO COMMUNICATION OF ANY KIND BETWEEN YOU AND GET WELL OR A REPRESENTATIVE OF GET WELL SHALL CONSTITUTE A WAIVER OF ANY LIMITATIONS OF LIABILITY HEREUNDER OR CREATE ANY ADDITIONAL WARRANTY NOT EXPRESSLY STATED IN THE TERMS OF USE.
GET WELL RESERVES THE RIGHT TO REMOVE ANY MATERIAL POSTED ON Get Well Yoga THAT IT DETERMINES IN ITS SOLE DISCRETION IS VIOLATIVE OF ANY LAW OR RIGHT OF ANY PERSON, INFRINGES THE RIGHTS OF ANY PERSON, OR IS OTHERWISE INAPPROPRIATE FOR POSTING ON Get Well Yoga.
27. Exclusions and Limitations
Those who access or use Get Well Yoga from other jurisdictions do so at their own volition and are responsible for compliance with local law. Some jurisdictions do not allow the exclusion of certain warranties or the limitation or exclusion of liability for incidental or consequential damages. Accordingly, in certain jurisdictions, some of the above limitations of liability may not apply to you; all other provisions of this Agreement remain in full force and effect.28. Indemnity
You agree to defend, indemnify and hold harmless Get Well, its subsidiaries, affiliates, subcontractors, officers, directors, employees, consultants, representatives and agents, from and against any and all claims, damages, obligations, losses, liabilities, costs or debt, and expenses (including but not limited to attorneys' fees and costs) arising from: (i) your use of and access to Get Well Yoga; (ii) your violation of any term of this Agreement; (iii) your violation of any third party right, including without limitation any copyright, property, or privacy right; or (iv) any claim that one of your submissions of Content caused damage to a third party. This defense and indemnification obligation will survive this Agreement and your use of Get Well Yoga.29. Additional Terms
We may also require you to follow additional rules, guidelines or other conditions in order to participate in certain promotions or activities available through Get Well Yoga, to obtain certain premium Content through Get Well Yoga, or for other reasons. These additional terms are part of this Agreement, and you agree to comply with them when you participate in those promotions, or otherwise engage in activities governed by such additional terms.
30. Modification and Discontinuation
We reserve the right at any time to modify, edit, delete, suspend or discontinue, temporarily or permanently the Service or any of Get Well Yoga (or any portion thereof) with or without notice. You agree that we will not be liable to you or to any third party for any such modification, editing, deletion, suspension or discontinuance of the Service or Get Well Yoga.
31. Assignment
This Agreement and any rights and licenses granted hereunder, may not be transferred or assigned by you, but may be assigned by Get Well without restriction.
32. Integration Clause
This Agreement together with the Privacy Policy and any other legal notices published by Get Well on Get Well Yoga, shall constitute the entire agreement between you and Get Well concerning Get Well Yoga and governs your use of Get Well Yoga and the Service, superseding any prior agreements between you and Get Well Yoga with respect to Get Well Yoga and the Service.
33. Waiver and Severability of Terms
The failure of Get Well to exercise or enforce any right or provision of this Agreement shall not constitute a waiver of such right or provision. If any provision of this Agreement is found by a court of competent jurisdiction to be invalid, the parties nevertheless agree that the court should endeavor to give effect to the parties' intentions as reflected in the provision, and the other provisions of this Agreement remain in full force and effect.
34. Statute of Limitations
You agree that regardless of any statute or law to the contrary, any claim or cause of action arising out of or related to use of Get Well Yoga, the Service or this Agreement must be filed within one (1) year after such claim or cause of action arose or be forever barred.
35. Governing Law and Venue
This Agreement shall be governed by the laws of the United States of America, without respect to its conflict of laws principles. Any claim or dispute between you and Get Well that arises in whole or in part from Get Well Yoga shall be decided exclusively by a court of competent jurisdiction located in Marin County, United States of America.
You agree that: (a) Get Well Yoga shall be deemed solely based in the United States of America; and (b) the Get Well Yoga website shall be deemed a passive website that does not give rise to personal jurisdiction over Get Well, either specific or general, in jurisdictions other than the United States of America.
36. Ability to Accept Terms of Service
You affirm that you are at least eighteen (18) years of age, and are fully able and competent to enter into this Agreement, conditions, obligations, affirmations, representations, and warranties set forth in this Agreement, and to abide by and comply with this Agreement.
37. General
Get Well reserves the right to amend this Agreement at any time and without notice, and it is your responsibility to review this Agreement for any changes. Your use of Get Well Yoga following any amendment of this Agreement will signify your assent to and acceptance of its revised terms.
38. Questions
If you have any questions or comments regarding this Agreement or Get Well Yoga, feel free to contact us.
