Terms and Conditions
Welcome to SmartSafeYoga.com, Online Classes. SmartSafeYoga.com (the "Site") is provided by MyRehab, LLC ("We", "Us" or "SmartSafeYoga.com"). Before you get started, it's important for you to understand your responsibilities as either an Instructor or a Student — and for you to understand that you are entering into an agreement with SmartSafeYoga.com which is designed to protect SmartSafeYoga.com and outline the relationship among Instructors, Students and SmartSafeYoga.com.
THIS IS A BINDING CONTRACT, PLEASE READ IT CAREFULLY. Upon completion of the registration process you affirmatively agree to be bound by these Terms and Conditions ("Terms"), but you also are deemed to have accepted them (and any changes that have been published on this page) by accessing or using the Site (the "Service"). It is your responsibility to check this page from time to time to review any changes to these Terms. If you are not prepared to agree to all these Terms (including changes published on this page, then you must cease accessing the Service and must delete any materials that you have downloaded or copied from the Site or through the Service.
Outline of Terms. These Terms are divided into separate sections to make them easier to read, but every section applies to every user, regardless of what the heading says.
I. Description of Service
The Service includes 1) a platform for the purchase and use of digital content, which allows end-users to a) purchase a subscription and stream pre-recorded audio and video content over the Internet for personal use, or b) purchase online courses for permanent access through the Resources course section for personal use, (2) SmartSafeYoga.com instructor profiles and course offerings, and (3) SmartSafeYoga.com reporting marketing and administrative tools (for Instructors). SmartSafeYoga.com will collect payments charged by Instructors and will disburse funds in accordance with the terms agreed with Instructors.
2. SmartSafeYoga.com Accounts
Students must create a SmartSafeYoga.com account in order to access the Service. You may only create a SmartSafeYoga.com Account if:
- You are at least 13 years old, and if you are less than 18 years old, you have the permission of your parent or guardian;
- You provide your legal full name, valid email address, zip code, and any other information requested during the signup process.
It's up to you to protect the security of your account and your password. SmartSafeYoga.com will not be liable for your losses caused by any unauthorized use of your account, but you may be liable for the losses of SmartSafeYoga.com or others due to such unauthorized use.
3. Obligations of Instructors and Students:
1. All Users. All users agree that they may not:
- use their account to breach security of another account or attempt to gain unauthorized access to another network or server, and that not all areas of the site may be available to them or other authorized users of the site.
- interfere with anyone else's use and enjoyment of the site or other similar services.
- download any content unless you see a "download" or similar link displayed by SmartSafeYoga.com on the Service for that content.
- copy, reproduce, distribute, transmit, broadcast, display, sell, license, or otherwise exploit any content for any other purposes or circumvent, disable or otherwise interfere with security-related features of the Service or features that prevent or restrict use or copying of any content or enforce limitations on use of the Service or the content therein, without the prior written consent of SmartSafeYoga.com or the respective licensors of the content.
- Users who violate systems or network security may incur criminal or civil liability.
All Users acknowledge that through their use of the site, they may have the opportunities to engage in commercial transactions with other users and vendors. Each User acknowledges that all transactions relating to any merchandise or services offered by any party, including, but not limited to the purchase terms, payment terms, warranties, guarantees, maintenance and delivery terms relating to such transactions, are agreed to solely between the seller or purchaser of such merchandise and services and you. WE MAKE NO WARRANTY REGARDING ANY TRANSACTIONS EXECUTED THROUGH, OR IN CONNECTION WITH THIS SITE, AND YOU UNDERSTAND AND AGREE THAT SUCH TRANSACTIONS ARE CONDUCTED ENTIRELY AT YOUR OWN RISK. ANY WARRANTY THAT IS PROVIDED IN CONNECTION WITH ANY PRODUCTS, SERVICES, MATERIALS, OR INFORMATION AVAILABLE ON OR THROUGH THIS SITE FROM A THIRD PARTY IS PROVIDED SOLELY BY SUCH THIRD PARTY, AND NOT BY US OR ANY OTHER OF OUR AFFILIATES.
You should be aware that we do not endorse or assume any liability for any content uploaded, streamed or displayed by or on behalf of Instructors or other Students. We generally do not pre-screen, monitor, or edit the content posted by users of communications services, chat rooms, message boards, newsgroups, software libraries, or other interactive services that may be available on or through this site.
SmartSafeYoga.com has no responsibility to you for any injuries or damages that you suffer in connection with the use of the Service, and you specifically release us from any claims you may have and agree to indemnify us if we suffer a loss in connection with your use of the Service. Our only responsibility is a limited obligation to pay refunds in certain specific situations. You must take precautions to protect yourself.
- Payments and Fees
- A valid credit card or PayPal account is required for courses.
- A full payment in accordance with payment guidelines is required to register for a class on SmartSafeYoga.com.
- Classes, Modifications, and Amendments
- You agree to accept all of the terms and conditions including the cancellation policy listed in the Service when you agree to book and pay for a Service on SmartSafeYoga.com.
- The Courses offered on SmartSafeYoga.com are offered directly by the Instructor. SmartSafeYoga.com is not responsible or liable for any information on its Service listings or profiles.
- SmartSafeYoga.com reserves the right to cancel or change any booked Service at any time, for any reason.
- SmartSafeYoga.com reserves the right at any time to modify or discontinue, temporarily or permanently, the Service with or without notice.
- Refund Policy
When a student signs-up for a course, SmartSafeYoga.com charges their credit card or PayPal account at the time of sign-up to hold their spot for the course. Students may request a refund within the refund request time period in accordance with SmartSafeYoga.com's Refund Policy.
- Membership of Yoga Practice Channel. In addition, the following applies to membership subscription for SmartSafeYoga.com’s video lessons:
- Free Trial. We require that you provide a valid credit or debit card (“Payment Source”) at the time you register for a free trial to ensure that you have continued access to your membership after the expiration of the free trial period (“Free Trial”). SmartSafeYoga.com will not bill your account until the Free Trial has expired and provided that you have not cancelled your account during the Free Trial period. The Free Trial will automatically convert to a paid monthly subscription unless SmartSafeYoga.com is notified of cancellation. You may only use a Free Trial once. SmartSafeYoga reserves the right to terminate any account that is using or trying to use more than one Free Trial.
- Billing. Memberships are billed monthly. All memberships are renewed automatically until cancelled. Members may cancel their membership at any time. Membership must be canceled prior to the renewal date in order to end membership charges. At times, special prepaid membership packages will be available for purchase. Special prepaid memberships 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.
- 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 SmartSafeYoga later increases the price of the subscription, SmartSafeYoga 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.
- No Sharing. Members of SmartSafeYoga 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 SmartSafeYoga as fraudulent use of the Website, 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.
- Fraudulent Use. SmartSafeYoga reserves the right to cancel any membership it believes has been compromised, or is being used fraudulently, at its own discretion.
- Health and Medical Concerns. Some of the site content includes information and instruction relating to exercise and fitness, and some of the products and services available through the Websites and the Services relate to exercise and fitness. You acknowledge and agree that the following warnings and disclaimers shall apply to all such information, instruction, products and services.
Before participating in any exercise program or using any fitness products or services that may be described and/or made accessible in or through the Website and/or the services, we strongly recommend that you consult with a physician or other healthcare provider. SmartSafeYoga, its staff and the content-providers are not licensed medical care providers, are not rendering personal medical advice or treatment, and have no expertise in advising on, diagnosing, examining, or treating medical conditions of any kind, or in determining the effect of any specific exercise on a medical condition.
The Website and the services are not intended to be a substitute for professional medical advice, diagnosis, or treatment. You acknowledge and agree that when participating in any exercise or exercise program, and/or when using any fitness products or services, there is the possibility of physical injury and/or death, and you assume the risk and responsibility for any such results.
You should never disregard medical advice or delay seeking it because of a statement you have read on the Websites and/or the services. The Websites and the services should not be used in lieu of advice given by qualified medical professionals such as your doctor or registered dietitian. It is important that the Websites and the services are used only in conjunction with qualified medical guidance. If you know or suspect that you may be pregnant, have an eating disorder, have diabetes, or have any other physical or medical condition, it is imperative that you seek the advice of your doctor prior to using the Websites and/or the services.
You must always consult your doctor before beginning an exercise or dietary program. Keep the following checklist in mind when developing your program in conjunction with your health care provider, but also bear in mind that the checklist is not exhaustive and does not take the place of a consultation with your healthcare provider.
- After exercise do you frequently experience chest pains?
- Do you get dizzy when you exercise?
- Are you breathless after exercising?
- Do you take medication for high blood pressure?
- Do you have joint problems?
- Do you have a medical condition, which might need special attention when exercising, for example diabetes?
- Have you been physically active in the past?
- Do you have a heart condition that requires supervised physical activity?
If you experience any discomfort or pain during an exercise routine you must immediately cease the activity and seek the assistance of a physician.
Other Important Points.
You should also be aware of the following:
- When using the service, you may be exposed to content from a variety of sources, and that SmartSafeYoga.com is not responsible for the accuracy, usefulness, safety, or intellectual property rights of or relating to such content. You further understand and acknowledge that you may be exposed to content that is inaccurate, offensive, indecent, or objectionable, and you agree to waive, and hereby do waive, any legal or equitable rights or remedies you have or may have against SmartSafeYoga.com with respect thereto, and, to the extent permitted by applicable law, agree to indemnify and hold harmless SmartSafeYoga.com, its owners, operators, affiliates, licensors, and licensees to the fullest extent allowed by law regarding all matters related to your use of the service.
- Content available through the service often represents the opinions and judgments of an information provider, site user, or other person or entity not connected with us. We do not endorse, nor are we responsible for the accuracy or reliability of, any opinion, advice, or statement made by anyone other than an authorized SmartSafeYoga.com spokesperson speaking in his/her official capacity.
- The content available through the service belongs to either SmartSafeYoga.com or one or more Instructors, and it is a violation of their intellectual property rights for you to record the audio or video available through the service. You hereby agree that you will not make any such recordings, or otherwise copy, redistribute, publish or exploit material from the service, except as expressly permitted herein, without the express prior written permission of SmartSafeYoga.com and the relevant Instructor.
4. Rights of SmartSafeYoga.com/Limitation of Liability
- Right to Remove or Refuse Content
You agree that we may at any time, and at our sole discretion, terminate your membership, account, or other affiliation with our site without prior notice to you for violating any of the above provisions. In addition, you acknowledge that we will cooperate fully with investigations of violations of systems or network security at other sites, including cooperating with law enforcement authorities in investigating suspected criminal violations.
- SmartSafeYoga.com Makes No Representations or Warranties.
Content is provided to you AS IS. You may access content for your information and personal use solely as intended through the provided functionality of the Service and as permitted under these Terms of Service. SmartSafeYoga.com and its licensors reserve all rights not expressly granted in and to the service and the content.
ALL MATERIALS AND SERVICES ON THIS SITE ARE PROVIDED ON AN "AS IS" AND "AS AVAILABLE" BASIS WITHOUT WARRANTY OF ANY KIND, EITHER EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, THE IMPLIED WARRANTIES OF MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE, OR THE WARRANTY OF NON-INFRINGEMENT. IN ADDITION, WE ASSUME NO RESPONSIBILITY FOR THE TIMELINESS, DELETION, MIS-DELIVERY OR FAILURE TO STORE ANY USER COMMUNICATIONS OR PERSONALIZATION SETTINGS. WITHOUT LIMITING THE FOREGOING, WE MAKE NO WARRANTY THAT (A) THE SERVICES AND MATERIALS WILL MEET YOUR REQUIREMENTS, (B) THE SERVICES AND MATERIALS WILL BE UNINTERRUPTED, TIMELY, SECURE, OR ERROR-FREE, (C) THE RESULTS THAT MAY BE OBTAINED FROM THE USE OF THE SERVICES OR MATERIALS WILL BE EFFECTIVE, ACCURATE OR RELIABLE, OR (D) THE QUALITY OF ANY PRODUCTS, SERVICES, OR INFORMATION PURCHASED OR OBTAINED BY YOU FROM THE SITE FROM US OR OUR AFFILIATES WILL MEET YOUR EXPECTATIONS OR BE FREE FROM MISTAKES, ERRORS OR DEFECTS.
THIS SITE COULD INCLUDE TECHNICAL OR OTHER MISTAKES, INACCURACIES OR TYPOGRAPHICAL ERRORS. WE MAY MAKE CHANGES TO THE MATERIALS AND SERVICES AT THIS SITE, INCLUDING THE PRICES AND DESCRIPTIONS OF ANY PRODUCTS LISTED HEREIN, AT ANY TIME WITHOUT NOTICE. THE MATERIALS OR SERVICES AT THIS SITE MAY BE OUT OF DATE, AND WE MAKE NO COMMITMENT TO UPDATE SUCH MATERIALS OR SERVICES.
THE USE OF THE SERVICES OR THE DOWNLOADING OR OTHER ACQUISITION OF ANY MATERIALS THROUGH THIS SITE IS DONE AT YOUR OWN DISCRETION AND RISK AND WITH YOUR AGREEMENT THAT YOU WILL BE SOLELY RESPONSIBLE FOR ANY DAMAGE TO YOUR COMPUTER SYSTEM OR LOSS OF DATA THAT RESULTS FROM SUCH ACTIVITIES.
You understand and agree that temporary interruptions of the services may occur as normal events. You further understand and agree that we have no control over third party networks you may access in the course of the use of this site, and therefore, delays and disruption of other network transmissions are completely beyond our control.
SOME STATES OR JURISDICTIONS DO NOT ALLOW THE EXCLUSION OF CERTAIN WARRANTIES, SO SOME OF THE ABOVE LIMITATIONS MAY NOT APPLY TO YOU.
- Limitation of Liability
IN NO EVENT SHALL SMARTSAFEYOGA, ITS OFFICERS, DIRECTORS, EMPLOYEES, CONTRACTORS 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 THE WEBSITE, (III) ANY UNAUTHORIZED ACCESS TO OR USE OF SMARTSAFEYOGA 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 THE WEBSITE, (V) ANY BUGS, VIRUSES, TROJAN HORSES, OR THE LIKE, WHICH MAY BE TRANSMITTED TO OR THROUGH THE WEBSITE 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 THE WEBSITE, WHETHER BASED ON WARRANTY, CONTRACT, TORT, OR ANY OTHER LEGAL THEORY, AND WHETHER OR NOT THE SMARTSAFEYOGA 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 SMARTSAFEYOGA 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 THIS WEBSITE DOES NOT CONSTITUTE AN ENDORSEMENT OR RECOMMENDATION BY SMARTSAFEYOGA OR ANY OF ITS EMPLOYEES. SMARTSAFEYOGA IS NOT RESPONSIBLE FOR ANY THIRD PARTY CONTENT ON THE WEBSITE OR THIRD PARTY WEB PAGE ACCESSED FROM THIS WEBSITE, NOR DOES SMARTSAFEYOGA WARRANT THE ACCURACY OF ANY INFORMATION CONTAINED IN A THIRD PARTY WEBSITE OR ITS FITNESS FOR ANY PARTICULAR PURPOSE.
SMARTSAFEYOGA RESERVES THE RIGHT TO REMOVE ANY MATERIAL POSTED ON THE WEBSITE 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 THE WEBSITE.
Exclusions and Limitations
Those who access or use the Website 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.
You agree to defend, indemnify and hold harmless SMARTSAFEYOGA, 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 the Website; (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 the Website.