YMO LLC Terms of Service

  1. Agreement of Terms:  Welcome to Yoga Medicine Online, your trusted source for the most up-to-date information and content on yoga and therapeutic yoga instruction on the Web.  These “Terms of Service” constitute a binding contract between you and YMO LLC, a Washington state limited liability company (also referenced herein as “we,” “us,” “our,”), regarding your access and use of the YMO website, any YMO web or mobile applications, or any Content (as defined below) (collectively, “YMO” or the “Site”).  Please read and be sure you understand these Terms of Service.  By using YMO, and regardless of whether you are a member or an occasional user, you agree that you have read these Terms of Service and agree to be bound by them. 
    1. Please note that these Terms of Service contain certain disclaimers of liability and warranty by YMO LLC and liability releases and indemnifications by you, including a class action waiver, that may affect your rights.
    2. We reserve the right to, at any time:
      1. Change or amend these Terms of Service; 
      2. Change YMO, the Site, Content, and any services provided; 
      3. Deny or terminate your use of YMO.
    3. Any changes or amendments to the Terms of Service will take effect immediately and your use of YMO after such changes constitutes your acceptance of such changes.  Please refer back to this page frequently to ensure you are up to date on the applicable Terms of Service.  
    4. You agree that you are at least 18 years of age and are competent and able to understand, accept and comply with these Terms of Service.  If you access or use YMO on behalf of a company or other legal entity, you represent and warrant that you are authorized to do so and to bind such company or legal entity to these Terms of Service.  In such a circumstance, “you” or “your” refers to both you and the company or legal entity.  
  1. Services We Provide:  
    1. At YMO we are committed to providing up to date and helpful information and content regarding yoga instruction, including from contributing instructors and content providers (collectively, “Contributors”).
    2. YMO or YMO LLC may provide information such as video content, pictures, advice, marketing materials, advertisements, message books, user forums, reviews, text, graphics, logos, and other content (collectively, “Content”).  
    3. No Guarantees or Endorsements:  YMO LLC endeavors to examine the credentials of our Contributors, but we make no guarantees, representations or warranties regarding the representations, qualifications or skills of the Contributors, or regarding the quality, accuracy, or safety of the Content they provide.  We do not recommend, sponsor or endorse the services of a particular Contributor. Further, we cannot guarantee the resolution or quality of streaming services you will receive or the compatibility of YMO with your devices, as these are dependent on many factors which can change during the course of use.
    4. YMO may provide information such as links to other websites, photographs, videos, advertisements, services, and other services or content provided by third parties.  Such material may not be owned or controlled by YMO LLC and YMO LLC makes no warranties, representations or guarantees regarding the reliability or accuracy of such third-party content.  Any transactions you conduct with third parties are direct transactions and will not include YMO.
  1. Permitted Uses
    1. You may use the Content and the Site for personal uses only, and not for any for-profit or commercial activities or for any resale, re-display, or advertising purposes unless explicitly authorized by these Terms of Service.  
    2. You will not reproduce, copy, share, or take, and will not allow any Content to be reproduced, copied, shared, or taken by any third parties, without the express permission of YMO LLC, and will immediately notify YMO LLC of any unauthorized use of Content of which you become aware.
    3. YMO reserves the right to decline or revoke your use of the Site and YMO at any time and for any reason.  
  1. Subscriptions and Fees
    1. YMO offers subscription-based access to its site and Content.  In exchange for the applicable subscription fees (and any other fees, as YMO may from time to time determine to be appropriate), YMO grants a non-exclusive, non-transferable, limited right and license to access, view, use and display the Content for private, non-commercial use.
    2. YMO may offer a free trial membership in order to use YMO without a financial commitment, though this is contingent on YMO’s receipt of your billing information.  YMO will not give notice of the impending expiration of a free trial period, and billing will begin promptly upon its expiration.  
    3. YMO reserves the right to change subscription fees from time to time, with advance notice to you.  
    4. You may terminate your subscription at any time, though YMO may not reimburse you for any prepaid subscription fees.  
    5. Memberships and subscriptions are limited to one person each, and should not be shared with household or family members.
  1. Health Disclaimer
    1. Yoga and all related activities constitute physical exercise that could include difficult, strenuous, or dangerous physical activity.  YMO LLC advises you to seek the advice of a physician before using YMO or engaging in any physical activity or exercise program, including those displayed by YMO.  
    2. Content and anything else displayed in YMO is not medical advice, diagnosis or treatment.
    3. By using YMO, you accept all responsibility for any claim you may have due to injury or damage arising in any way from your use of YMO.  
    4. Furthermore, by using YMO, you release YMO and its owners, employees, Contributors, instructors, agents, contractors, affiliates and representatives from any claim you may have due to injury or damage arising in any way from your use of YMO.
  1. Disclaimer of Affiliation
    1. YMO is affiliated with Yoga Medicine®, but the Content provided on YMO is not a substitute for full training programs delivered by Yoga Medicine LLC.  You agree not to hold yourself out as a certified Yoga Medicine instructor or certificate holder based on completing the courses, content or programs available on YMO, or to use YMO’s or Yoga Medicine’s name as a certification or accreditation body for purposes of teaching yoga.
  1. Postings and User-Generated Content
    1. When using YMO, you may, at your option, provide certain information to YMO, including limited identifying information, photographs or renderings, information about your practice and needs, posted messages, feedback, reviews, and some limited financial information (collectively, “Submissions”).  You agree that your Submissions remain your intellectual property and that you retain all ownership and copyrights of such Submissions.
    2. However, you agree that your Submissions will not be treated as confidential, proprietary or private information and you agree to provide YMO LLC with a non-exclusive, royalty-free license to your Submissions for the purpose of sharing with the public and of reproducing, distributing, copying, creating derivative works of, incorporating into YMO, or otherwise using or exploiting, in perpetuity and with no compensation or notice due to you. 
    3. To the extent permitted under applicable law, you waive and release and covenant not to assert any moral rights you may have in any Submissions.
    4. By posting or otherwise submitting any Submissions to YMO, you represent and warrant that you own or have all the necessary rights to use the Submissions, and grant to YMO all the rights outlined in these Terms of Service.  You agree that you will not post or submit any information to YMO if you do not own such content, or alternatively, if you post any information that is protected by copyright, you agree that you will obtain all necessary permissions or releases from the applicable owner sufficient to comply with the rights and obligations set forth in these Terms of Service.
    5. YMO reserves the right, but not the obligation, to edit or refuse any posting or to remove any content at YMO LLC’s sole discretion.  YMO LLC has no obligation to review any Content or Submissions, and does not verify the accuracy or usefulness of any submitted material.  YMO cannot guarantee that information posted on the site will not be offensive or inaccurate.  However, you agree that you will not post or submit any information to YMO that:
      1. Is offensive, harmful or abusive, or includes profanity, sexually explicit or derogatory language or material;
      2. References illegal activity;
      3. Is false or would reasonably be assumed to be false;
      4. Is disparaging to YMO or YMO’s partners or advertisers;
      5. Is otherwise in bad taste.
    6. YMO LLC does not endorse or make warranties regarding the accuracy or completeness of any information found on YMO.
    7. Personal and other identifying information you provide to YMO will be treated in the manner described in our Privacy Policy.
  1. Acceptable Use Policies
    1. The YMO website and applications, as well as the Content and other information contained thereon, including their arrangement and display composition (collectively, “Materials”), are proprietary of YMO LLC, its Contributors, customers, suppliers and licensors, and are protected by United States and international intellectual property laws, including copyright and trademark laws. In consideration for permission to use the YMO, you agree to the following acceptable use policies:
      1. You will not infringe on our or any third party’s intellectual property rights;
      2. You will not reverse engineer, decompile or disassemble YMO or its Content, Materials or other intellectual property; 
      3. You will not sublicense, sell, rent, lease, transfer, assign, or otherwise exploit or profit from any rights under these Terms of Service, except as expressly authorized by YMO LLC.
      4. You will not “frame” or “mirror” any part of YMO without YMO’s express authorization; 
      5. You will not engage in bulk mailings, junk mail, unsolicited mailings or spam campaigns, whether electronic or traditional mail, or phone, with respect to YMO LLC or its customers, consumers, Contributors or other affiliated parties; 
      6. You will not harvest or otherwise collect information about YMO, YMO LLC, its customers, consumers, or Contributors without their express consent.
  1. It is the policy of YMO to promptly process and investigate notices of alleged copyright infringement, and take appropriate actions under the Digital Millennium Copyright Act, Title 17, United States Code, Section 512 (“DMCA”).  If you would like to report potential copyright infringement, contact YMO LLC, 7310 W 52ND AVE # A-307, ARVADA, CO, 80002.  In order for an investigation to be promptly processed, YMO will require, in writing, identification of the infringed-upon copyrighted work, where such work is found within YMO, and a signed statement indicating that you are the copyright owner or are authorized to act on their behalf and that you have a good faith belief that the use of the work is not authorized by the copyright owner.
  1. Disclaimers and Releases:
    1. YMO IS PROVIDED ‘AS-IS,’ AND WITHOUT WARRANTIES OF ANY KIND, EXPRESS OR IMPLIED.  ANY WARRANTIES, WHETHER EXPRESS, IMPLIED, STATUTORY OR OTHERWISE, INCLUDING, WITHOUT LIMITATION, IMPLIED WARRANTIES OF MERCHANTABILITY, TITLE, FITNESS FOR A PARTICULAR PURPOSE, SECURITY, ACCURACY, AVAILABILITY, SATISFACTORY QUALITY, USE OF REASONABLE CARE AND SKILL, AND NON-INFRINGEMENT, AND ANY WARRANTIES ARISING BY USE OF TRADE, COURSE OF PERFORMANCE, OR COURSE OF DEALING, ARE, TO THE FULLEST EXTENT PERMITTED BY LAW, HEREBY DISCLAIMED.
    2. YMO MAY CONTAIN ERRORS, MISTAKES, OMISSIONS, INACCURACIES, AND OTHER ISSUES, AND YMO LLC MAKES NO WARRANTY, REPRESENTATION OR GUARANTEE THAT YOUR USE OF YMO WILL BE UNINTERRUPTED OR UNAFFECTED BY ANY SUCH ISSUES, ERRORS OR OMISSIONS. 
    3. YOU AGREE TO BEAR ALL RISK RELATED TO YOUR USE OF YMO, AND YOU HEREBY RELEASE YMO, YMO LLC, AND ITS RESPECTIVE OFFICERS, DIRECTORS, EMPLOYEES, AGENTS, SHAREHOLDERS, MEMBERS, LICENSORS, LICENSEES, AND SUPPLIERS (COLLECTIVELY, THE “YMO AFFILIATES”), FROM ALL CLAIMS, DEMANDS, AND DAMAGES (ACTUAL AND/OR CONSEQUENTIAL) OF EVERY KIND AND NATURE, NOW AND IN THE FUTURE, ARISING OUT OF OR IN ANY CONNECTED WITH YOUR USE OF YMO, YOUR USE OF OR ANY TRANSACTIONS WITH YMO CUSTOMERS OR CONTRIBUTORS, OR ANY THIRD PARTIES.  
    4. IN NO EVENT WILL YMO OR YMO AFFILIATES BE LIABLE TO YOU OR ANY THIRD PARTY FOR ANY DIRECT, INDIRECT, INCIDENTIAL, SPECIAL, PUNITIVE, OR CONSEQUENTIAL DAMAGES WHATSOEVER ARISING OUT OF, BASED ON, OR RESULTING FROM YOUR USE OF YMO OR YOUR USE OF OR ANY TRANSACTIONS WITH YMO CUSTOMERS OR CONTRIBUTORS OR ANY THIRD PARTIES.  SUCH LIMITATION OF LIABILITY WILL APPLY TO ALL CLAIMS, WHETHER BASED ON CONTRACT, WARRANTY, TORT, NEGLIGENCE OR ANY OTHER LEGAL THEORY.   IN NO EVENT WILL THE LIABILITY OF YMO LLC OR THE YMO AFFILIATES ARISING OUT OF OR IN CONNECTION WITH YMO SERVICES OR TERMS OF SERVICE EXCEED THE AMOUNT YOU HAVE PAID TO YMO FOR SERVICES IN THE TWELVE-MONTH PERIOD LEADING UP TO THE TIME OF THE ALLEGED CLAIM, OR TEN DOLLARS, IF YOU HAVE NOT PAID ANY MONIES TO YMO LLC IN THE PRECEDING TWELVE-MONTH PERIOD.  ALL CLAIMS RELATING TO THESE TERMS OF SERVICE MUST BE BROUGHT WITHIN ONE YEAR OF THE DATE THE CAUSE OF ACTION AROSE.  ALL CLAIMS BROUGHT OUTSIDE OF SUCH PERIOD ARE VOID.
    5. YOU AGREE TO DEFEND, INDEMNIFY AND HOLD HARMLESS YMO LLC AND THE YMO AFFILIATES FROM AND AGAINST ANY AND ALL CLAIMS OR DEMANDS, INCLUDING ATTORNEYS’ FEES, MADE BY ANY THIRD PARTY DUE TO OR ARISING FROM YOUR USE OF YMO, IN CONNECTION WITH THE SITE, IN CONNECTION WITH ANY YMO APP, WITH REGARD TO ANY DISPUTE BETWEEN YOU AND A CONTRIBUTOR OR YOUR VIOLATION OF THESE TERMS AND CONDITIONS, OR ARISING FROM YOUR VIOLATION OF ANY RIGHTS OF A THIRD PARTY.
    6. ALL DISPUTE RESOLUTION PROCEEDINGS RELATED TO YMO OR THESE TERMS OF SERVICES WILL BE CONDUCTED ONLY ON AN INDIVIDUAL BASIS AND NOT IN A CLASS OR REPRESENTATIVE ACTION OR AS A NAMED OR UNNAMED MEMBER IN A CLASS, CONSOLIDATED, REPRESENTATIVE OR PRIVATE ATTORNEY GENERAL LEGAL ACTION.  YOUR ACCESS OF YMO AND CONTINUED USE OF YMO INDICATES YOUR EXPLICIT CONSENT TO THIS WAIVER.
  1. General Provisions
    1. These Terms of Service are the entire agreement between you and YMO LLC relating to the subject matter of these Terms of Service, and supersede any and all prior or contemporaneous written or oral agreements.
    2. YMO LLC reserves the right to terminate these Terms of Service or your license to use YMO, in whole or in part, at any time for any reason, or to block or prevent your access to YMO.
    3. If any term or provision of these Terms of Service is found to be invalid or unenforceable, the remainder of the Terms of Service will not be affected, and each provision of them will be valid and enforced to the fullest extent permitted by law.  
    4. The headings and titles to the articles and sections of these Terms of Service are for convenience only and have no effect on the interpretation of any part of the Terms of Service.
    5. The failure of YMO to exercise or enforce any right or provision of the Terms of Service will not constitute a waiver of such right or provision, or of any other right or provision.
    6. You may not transfer any of your rights or obligations under these Terms of Service without the consent of YMO LLC, which consent may be withheld at the sole discretion of YMO LLC.  YMO LLC may assign its rights and obligations without notice to you and without your consent.
    7. These Terms of Service are governed by the laws of the State of Washington as such laws are applied to agreements entered into and to be performed entirely in the State of Washington and between Washington residents. You agree to submit to jurisdiction in Washington and that any claim arising out of or related to these Terms of Service will be brought solely in a court in King County, Washington.

YMO Privacy Policy

Last Amended – August 20, 2020

  1. Introduction
    1. Welcome to Yoga Medicine Online, your trusted source for the most up-to-date information and content on yoga and therapeutic yoga instruction on the Web.  YMO, and any related software, web applications and mobile applications (collectively, “YMO” or the “Site,”) are owned and operated by YMO LLC (also, “we,” “us,” “our,”), a Washington state limited liability company.  This Privacy Policy (“Privacy Policy”) is here to help you understand what information YMO collects from you, how we collect, use, and share such information, and what options you have regarding such information.  Any terms not defined in this Privacy Policy have the same definitions set forth in the Terms of Service, which are incorporated into this Privacy Policy by reference.  
    2. We reserve the right to, at any time change or amend this Privacy Policy. Any changes or amendments to the Privacy Policy will take effect immediately and your use of YMO after such changes constitutes your acceptance of such changes.  Please refer back to this page frequently to ensure you are up to date on the applicable Privacy Policy.  
  1. Collection of Information
    1. We collect information you provide to us about yourself when you use the Site.  Such information may include (but is not limited to) your name, address, telephone number, email address, interests, and payment details, including credit card and billing information.  Such information may be provided when you create a subscription or membership account with YMO.  
    2. Some information you post to the Site, such as (but not limited to) photos or reviews may be used for public display and consumption.  By posting such information to the Site, you authorize YMO to display this material publicly.
    3. When you create an account or profile with the Site, you are opting in to receive occasional emails from us or about us.  You may be able to opt out of certain communications, but please note that you may be unable to opt out of receiving certain legal or administrative communications.  Any communications you conduct via the Site may be collected by us and used in a manner as set forth in this Privacy Policy.  
    4. We use commercially reasonable methods of encrypting and securing your personal and financial information.  However, because no method of encryption on the Internet is completely secure, we cannot guarantee the protection of any information you provide to us.
    5. We may collect and store information about your use of the Site, including (but not limited to) page views, viewing times, searches, as well as your browser type, device type, IP address, referring and requested web pages, visited web pages, and cookies.
    6. You may be able to connect your YMO profile to other social network profiles and, if you so choose, we may collect certain information from your other social network profiles as a part of that connection process.  In such an instance, you will be given a choice as to what information you wish to share among the profiles.  
  1. Use and Sharing of Your Information
    1. In general, and aside from the uses of information listed below, we will not sell, rent or otherwise transfer your personal information to third parties.
    2. Although the following list is meant to be an example of possible uses, and is not comprehensive, information you provide to or via the Site, and information that we collect from you, may be used in the following ways:
      1. To provide the services of the Site to you, and to personalize such services for your use;
      2. To connect you with other users of the Site, including with instructors or Contributors, as the case may be, and to maximize the usefulness and value of such connections;
      3. To protect you, other users, and ourselves from abuse and fraud;
      4. To process transactions; 
      5. To develop, provide and analyze advertising or promotions; 
      6. To develop, provide and analyze our services and Site;
      7. To communicate with you, via phone, mail, text, mail, or other Internet mechanisms, regarding services and products that may be of interest to you.
    3. In the event we are merged with or acquired by another company or entity or if we sell all or substantially all of our assets to another company or entity, we may transfer the information you have provided and that we have collected about you to such other company or entity.
    4. In the event of an investigation or legal challenge in which we are compelled to divulge certain information, or if we reasonably believe that sharing certain information is appropriate to comply with applicable laws or to avoid liability, we may share the information we collect with third parties to the extent necessary to achieve such compliance.  
  1. Cookies
    1. Cookies are small data files shared among web browsers and web servers to help websites identify unique users.  We may use cookies, web beacons, flash cookies, and other similar technologies (collectively, “Cookies”) in connection with your use of the Site and third-party websites.   You may, at any time, adjust your browser settings to limit, refuse, or erase cookies.  Doing so may affect the usability of portions of the Site.
    2. We may use Cookies to track or transmit some identifying information about you such as search preferences, your interaction with advertisements on the Site, and other use patterns or characteristics.  
    3. We may use Cookies to enhance the features of the Site, to provide security and authentication for your transactions within the Site, to provide useful advertising, to store your preferences, and to generally improve your interaction with the Site.  
  1. Other Provisions
    1. The Site may contain links to and from other sites around the Internet over which we have no control, and we cannot be responsible for the privacy policies of such sites.  This Privacy Policy only applies to information collected by this Site.
    2. This Site is not directed toward children, and we do not knowingly collect, store, or share any information provided by children under the age of 13.  If we become aware that we have collected any information from children under 13, we will take steps necessary to delete such information and terminate any associated accounts as soon as practicable.  If you become aware that we have collected any information from children under 13, please notify us at Practice@YogaMedicine.com so we can take the necessary steps.
    3. You may terminate your account at any time by notifying us as set forth on the Site.  We may terminate your account as set forth in the Terms of Service.  Following such termination, any profile you may have will be deactivated, and you will no longer provide information to us.  We may retain and use information previously collected from you, and information publicly posted or shared prior to your termination may remain public, as permitted by applicable law.
    4. If you have questions or comments regarding this Privacy Policy, we are happy to help.  Please email us at Practice@YogaMedicine.com.