USAGE POLICY

Last Modified: 12/13/2016

The information provided on this site is for educational purposes only. Participate at your own risk. Make sure you exercise in a light area, with enough free space around you. Wear comfortable clothing so you can move freely.

If you feel dizzy, light headed, faint or if you experience any other discomforts, stop exercising immediately and consult a medical doctor. You are responsible for your condition during your workout. Exercise within your limits. Never force or strain. Seek attention and advise as appropriate.

Before any workout you should stretch to warm up and cool down afterwards. Not warming up, cooling down and stretching properly might result in personal injury. You should avoid alcohol and drugs before practice. Also no heavy meals for two hours before workout. Keep yourself hydrated before during and after your yoga pratice.

We do not recommend that you attempt any of these poses or yoga excercises without suitable experience and supervision. We offer no medical advice. You should consult a medical practitioner before attempting any excercise and particularly yoga, to ensure that you do not injure yourself. This is particularly important if you are overweight, pregnant, nursing, regularly taking medications, or have any existing medical conditions. This site may not be tailored to match your physical and mental health.We accept no liablity whatsoever for any damages arising from the use of this website.

OUR PRIVACY POLICY

Last Modified: 12/13/2016

Impulse Analytics LLC, a California limited liability company, dba Global Yogis (“Company” or “we” or “us” or “Global Yogis”) respects your privacy and is committed to protecting the personal information you share with us. This Privacy Policy describes the privacy practices Global Yogis applies to theyogasummit.org domain websites and any product or service offered exclusively through this website (the “Offerings“). Some Company’s products and services have their own dedicated websites. Some of those websites refer back to this Privacy Policy, and others have their own privacy policies, which you can find on those websites.

Please review this Privacy policy carefully. When you use or access the Offerings or when you submit information to or through the Offerings, you consent to the collection and processing of your information as described in this Privacy Policy.

How we collect personal information

Through your registration as a user or as a member, we collect personally identifying information such as your name, address, e-mail address, and other similar information. The personal information that we collect from you is used to enable features for your convenience and to provide the services or carry out the transactions you have requested or authorized. The information also may be used to analyze and improve our services.

We occasionally may hire other companies to provide limited services on our behalf, such as for performing statistical analysis of our services. In such events, and except with a specific opt-in allowing is to share your personal information with yoga partner, we only will provide third party companies with such personal information as required to deliver the service, and those companies will not have permission to use that information for any other purpose.

In addition to the information you provide, we also may collect information during your visit to our Website, through information-gathering tools, such as Web beacons (that allows this site to collect web log information) or cookies (a piece of information that our web server sends to your browser file when you access a website). These tools collect certain traffic information that your browser sends to a website, such as your browser type and language, access times, and the address of the website from which you arrived. They may also collect information about your Internet Protocol (IP) address, click stream behavior (i.e. the pages you view, the links you click, and other actions you take in connection with our Website).

We also may use your information to help you complete a transaction or order, to communicate with you, to deliver products/services to you, to bill you for products/services you purchased, and to provide ongoing service and support. Occasionally we may use your information to contact you to complete surveys that we use for quality assurance purposes.

 

We may also use your personal information to send you (or have our business partners or marketing agencies send you on our behalf) marketing information or to contact you for marketing research. At a minimum, we will always give you the opportunity to “opt out” of receiving marketing materials you choose to unsubscribe from. You will continue to receive communications such as receipts, confirmation emails and customer service updates that are considered necessary to provide the service to you.

In addition to the above, we also may access or disclose information about you, including the content of your communications, in order to: (a) comply with the law or respond to a valid court order; (b) protect the rights or property of the Company or our customers, including the enforcement of our agreements or policies governing your use of the Website; or (c) act on a good faith belief that such access or disclosure is necessary to protect the personal safety of the Company employees, customers, or the public.

You should be aware that this site is not intended for, or designed to attract, individuals under the age of 13. We do not collect personally identifiable information from any person that we actually know is an individual under the age of 13.

Links to other websites

The Website may provide links to third-party websites for your convenience and information. If you access those links, you will leave the Website. We do not control those sites or their privacy practices, which may differ from our practices. We do not endorse or make any representations about third-party websites. The personal data that you choose to provide to such third parties or that otherwise may be collected by them is not covered by this Privacy Statement. We encourage you to review the privacy policy of any company before submitting your personal information. We also may provide social media features on our Website that enable you to interact with us on various social media sites. Your use of these features may result in the collection or sharing of information about you, depending on the feature. We encourage you to review the privacy policies and settings on the social media sites with which you interact to make sure you understand the information that could be shared by those sites.

Privacy Principles

When we collect personal information from you on our website, we follow the following privacy principles regarding the collection, use and retention of personal data:

Notice. When we collect personal information, we provide timely and appropriate notice describing what personal information we are collecting, how we will use it, and the types of third parties with whom we may share it.
Choice. We will give you the opportunity to choose when sensitive information is to be disclosed to a third party or used for a purpose other than the original purpose, at a time and in a context in which you will be making a decision about your personal information, and we’ll respect the choices you make.
Relevance. We will collect personal information only for specific, identified purposes, and we will not use it for other purposes without obtaining your consent.
Retention. We will keep your personal information only for as long as we need it for the purposes for which we collected it, or as permitted by law.
Accuracy. We will take appropriate steps to make sure the personal information in our records is accurate.
Access. We will provide ways for you to reasonably access your personal information, so you can correct, amend, or delete inaccuracies.
Security. We take appropriate physical, technical, and organizational measures to protect your personal information from unauthorized access, use or disclosure, with appropriate storage of the information on computer systems with limited access, located in controlled facilities. And when we transmit highly confidential information (such as a password) over the Internet, we protect it through the use of encryption, such as the Secure Socket Layer (SSL) protocol.
Sharing. Except as described in this policy, we will not share your personal information with third parties without your consent and will to the extent possible anonymize your personal information. Please note that we may share with third parties, user generated data, collected through the use of the website, for statistics, marketing, scientific and any other purposes.
International Transfer. If we transfer your personal information to another country, we will take appropriate measures to protect your privacy and the personal information we transfer.
Enforcement. We will regularly review how we are meeting these privacy principles.

Your Ability to Access or Change Your Information

If you are a registered user or have been named as a “Contact” for a company (including but not limited to companies acting as our end users or partners), you can review your personal information and make change requests by accessing My Account. While you are named as the “Contact” for a particular company, Global Yogis will direct to you many of the correspondences for such company. If you do not wish to receive further business correspondence for and on behalf of your company, you may change the “Contact” to another individual upon consultation with your company. In the alternative, if you do not wish to receive further direct marketing materials, you may “unsubscribe” the relevant marketing materials. If you are no longer the “Contact” for a particular company, we will retain in our files some personal information to prevent fraud, resolve disputes, troubleshoot problems, enforce our policies, respect your opt-out preferences, and comply with legal requirements as permitted by law.

Upon request, Global Yogis will provide you with information about whether we hold, or process on behalf of a third party, any of your personal information. To request this information, please contact us through our contact form.

Privacy Shield Statement

Global Yogis participates in and has certified its compliance with the EU-U.S. Privacy Shield Framework. Global Yogis has committed to subjecting all personal data received from European Union (EU) member countries, in reliance on the Privacy Shield Framework, to the Framework’s applicable principles. To learn more about the Privacy Shield Framework, visit the U.S. Department of Commerce’s Privacy Shield List.

Global Yogis is responsible for the processing of personal data it receives, under the Privacy Shield Framework, and subsequently transfers to a third party acting as an agent on its behalf. Global Yogis complies with the Privacy Shield Principles for all onward transfers of personal data from the EU, including the onward transfer liability provisions.

With respect to personal data received or transferred to the Privacy Shield Framework, Global Yogis is subject to the regulatory enforcement powers of the U.S. Federal Trade Commission. In certain situations, Global Yogis may be required to disclose personal data in response to lawful requests by public authorities, including to meet national security or law enforcement requirements.

Under certain conditions, more fully described on the Privacy Shield website, you may invoke binding arbitration when other dispute resolution procedures have been exhausted.

Amendment to this privacy statement

Occasionally, we may update this privacy statement in order to (i) take into account, to the extent we choose to do so, new regulatory or best practices framework; or (ii) reflect changes in our services, and customer feedback. If we do change our privacy statement, we will post the revised statement here, with an updated revision date at the top of this statement. If we make material changes to our statement, we may also notify you by other means, such as sending an email or posting a notice on our home page.

For more information

We welcome your comments regarding this privacy statement. If you want to access your information or if you have questions about our privacy practices, or believe that we have not adhered to it, please contact us through our contact form.

Terms of Service

Last Modified: 12/13/2016

This Agreement entered into by and between you (“You” or “End-User”) and Impulse Analytics LLC, a California limited liability company, dba Global Yogis (“Company” or “we” or “us” or “Global Yogis”). Global Yogis has developed products and services related to yoga and wellness (the “Offerings“) offered exclusively through its website theyogasummit.org (“Platform“) under Global Yogis’ trademark name “The Yoga Summit™” (“Trademark“).

The following terms and conditions, together with any documents they expressly incorporate by reference govern your access to and use of the Platform, including any content, functionality and services offered on or through this Platform.

Please read this Agreement carefully before you start to use the Platform. By clicking to accept or agree to this Agreement when this option is made available to you, you accept and agree to be bound and abide by this Agreement. If you do not want to agree to this Agreement, you must not access or use the Platform.

This Platform is offered and available to users who are 13 years of age or older, and reside in the United States. You represent and warrant that you are of legal age to form a binding contract with Global Yogis and meet all of the foregoing eligibility requirements. If you do not meet all of these requirements, you must not access or use the Platform.

Background

1. Definitions. For the purposes of this Agreement, the following terms have the following meanings:

Access Credentials” means any user name, identification number, password, license or security key, security token, PIN or other security code, method, technology or device used, alone or in combination, to verify an individual’s identity and authorization to access and use the Offerings.

Agreement” has the meaning set forth in the preamble.

Confidential Information” means information that Global Yogis treats or is obligated to treat as confidential or proprietary, including, but not limited to, trade secrets, technology, information pertaining to business operations and strategies, and information pertaining to customers, pricing and marketing. Without limiting the foregoing: (a) the Platform protocols and Documentation are the Confidential Information of Global Yogis. Confidential Information does not include information that you can demonstrate by documentation: (w) was already known to you without restriction on use or disclosure prior to receipt of such information directly or indirectly from or on behalf of Global Yogis; (x) was or is independently developed by you without reference to or use of any of Global Yogis’ Confidential Information; (y) was or becomes generally known by the public other than by breach of this Agreement by you, or other wrongful act of you; or (z) was received by you from a third party who was not, at the time, under any obligation to Global Yogis or any other Person to maintain the confidentiality of such information.

Disclosing Party” means Global Yogis.

Documentation” means all user manuals, operating manuals, technical manuals, design documents and any other instructions, specifications, documents or materials, in any form or media, that describe the functionality, structure, installation, testing, operation, use, maintenance, support, technical or other components, features or requirements of the Platform.

Effective Date” means the date when you acknowledge your acceptance of the Agreement.

Global Yogis” has the meaning set forth in the preamble.

Intellectual Property Rights” means any and all intellectual property rights in any part of the world, whether registered or unregistered, and all registrations, applications, renewals, extensions and other government issued indicia of ownership thereof, including, but not limited to, rights comprising or relating to: (a) patents, patent disclosures and inventions (whether patentable or not); (b) trademarks, service marks, trade dress, trade names, logos, corporate names and domain names, together with the goodwill associated therewith; (c) copyrights and copyrightable works (including, but not limited to, computer programs), and rights in works of authorship, data and databases; (d) trade secrets, know-how and other confidential information; and (e) all similar or equivalent rights or forms of protection.

Law” means any statute, law, ordinance, regulation, rule, code, order, constitution, treaty, common law, judgment, decree or other requirement or rule of law of any federal, state, local or foreign government or political subdivision thereof, or any arbitrator, court or tribunal of competent jurisdiction.

Losses” means any and all losses, damages, liabilities, deficiencies, claims, actions, judgments, settlements, interest, awards, penalties, fines, costs or expenses of whatever kind, including reasonable attorneys’ fees and the costs of enforcing any right to indemnification hereunder and the cost of pursuing any insurance providers.

Materials” means all the content whatever the format (video, text, images etc.) present or accessible through the Platform, as well as the Documentation, and any and all (a) copies, reproductions, modifications, enhancements, adaptations, translations and other derivative works of, and (b) inventions, improvements, know-how, specifications, performance characteristics, designs, plans, methods, procedures, processes, techniques, software, technology, concepts, information or materials whatsoever comprising, relating to, based on or arising out of, the Platform or Documentation, in whole or in part and however and by whomever originated, including, without limitation, by any technology or device or by Global Yogis, Global Yogis or any other Person.

Offerings” means the Materials and Services commercialized by Global Yogis through the Platform.

Person” means an individual, corporation, partnership, joint venture, limited liability company, governmental authority, unincorporated organization, trust, association or other entity.

Platform” means Global Yogis’ current version of the Website described in the recitals, allowing Global Yogis to offer its Offerings.

Receiving Party” means you.

Services” means the services offered by Global Yogis, alone or in conjunction with other partners, stemming from the use of the Platform;

Term” has the meaning set forth in Section 10.1.

Usage Data” means all data, collected or generated by You, in any format, medium or form, whether audio, visual, digital, screen, GUI or other, resulting from any use of the Platform by You under or in connection with this Agreement, except that Usage Data does not include any Materials or any data, information or content, including, but not limited to, any GUI, audio, visual or digital or other display or output, that is generated automatically upon executing the Platform without additional user input.

2. Personal License

2.1 License Grant. Subject to and conditioned upon your compliance with the terms and conditions of this Agreement, Global Yogis hereby grants You a personal, non-commercial, nonexclusive, nontransferable, non-sublicensable license to download, install and use the Materials and Services available on or through the Platform with your Access Credentials strictly in accordance with the Platform’s Documentation in the United States during the Term (the “License”) and this Agreement.

2.2 No Technical Support. Global Yogis has no obligation under this Agreement to provide any maintenance, support or other services relating to the Platform. You are solely responsible for taking appropriate measures to back up your system and data and all other necessary measures to prevent any file or data loss.

3. Use Restrictions. You shall not, and shall not permit others to access or use the Platform except as expressly permitted by this Agreement. For purposes of clarity and without limiting the generality of the foregoing, You shall not, except as this Agreement expressly permits:

a. access or use the Platform at any time outside the Territory, and/or without having first provided the required user verification and access codes;

b. copy, modify, correct, create, adapt, translate, enhance or otherwise prepare derivative works or improvements of the Services, the Platform, or related Documentation;

c. reverse engineer, disassemble, decompile, decode or adapt the Platform, or otherwise attempt to derive or gain access to the Platform’s source Code, in whole or in part or

d. rent, lease, lend, sell, sublicense, assign, distribute, publish, transfer or otherwise make available any Services to any Person, including on or in connection with the internet or any time-sharing, service bureau, software as a service, cloud or other technology or service;

e. bypass or breach any security device or protection used by the Services or Global Yogis Materials or access or use the Services or Global Yogis Materials through the use of your own then valid Access Credentials;

f. input, upload, transmit or otherwise provide to or through the Platform or Global Yogis Systems, any information or materials that are unlawful or injurious, or contain, transmit or activate any Harmful Code;

g. damage, destroy, disrupt, disable, impair, interfere with or otherwise impede or harm in any manner the Platform, Global Yogis Systems or Global Yogis’ provision of services to any third party, in whole or in part;

h. remove, delete, alter or obscure any trademarks, warranties or disclaimers, or any copyright, trademark, patent or other intellectual property or proprietary rights notices from the Platform or Global Yogis Materials, including any copy thereof;

i. access or use the Platform, Services or Materials in any manner or for any purpose that infringes, misappropriates or otherwise violates any Intellectual Property Right or other right of any third party (including by any unauthorized access to, misappropriation, use, alteration, destruction or disclosure of the data of any other Global Yogis customer), or that violates any applicable Law;

j. access or use the Services, Materials or Documentation for purposes of competitive analysis of the Services Documentation, the development, provision or use of a competing software service or product or any other purpose that is to Global Yogis’ detriment or commercial disadvantage; or

k. access or use the Services or Materials or Documentation in, or in association with, the design, construction, maintenance, operation of any hazardous environments, systems or applications, any safety response systems or other safety-critical applications, or any other use or application in which the use or failure of the Services could lead to personal injury or severe physical or property damage; or

l. otherwise access or use the Services, Materials or Documentation beyond the scope of the authorization granted under Section 2.1.

4. Delivery. Upon accepting the terms and conditions, when you register with Global Yogis™’s Website, Global Yogis shall provide the Access Credentials to you.

5. Acknowledgements and covenants from You.

5.1 No Expectations of Privacy. You understand and agree that there are no expectations of privacy regarding the Usage Data and Global Yogis may use the Usage Data without restrictions, even after the end of this Agreement.

5.2 Representations. YOU REPRESENT, WARRANT AND COVENANT THAT YOU ARE ENTERING INTO THIS AGREEMENT AND INTEND TO USE THE MATERIALS SOLELY AS A BONA FIDE CUSTOMER OF GLOBAL YOGIS AND THAT YOU WILL NOT USE OR CAUSE OR PERMIT OTHERS TO USE THE MATERIALS, IN WHOLE OR IN PART, TO DEVELOP, DISTRIBUTE, PROVIDE OR USE ANY PRODUCT OR SERVICE THAT COMPETES WITH THE PLATFORM, OR IN OR FOR ANY PURPOSE, MANNER OR APPLICATION THAT DISADVANTAGES GLOBAL YOGIS OR GLOBAL YOGIS’ BUSINESS OR OPERATIONS.

5.3 Important Acknowledgment. YOU ACKNOWLEDGE AND AGREE THAT, EVEN THOUGH GLOBAL YOGIS MAY PROVIDE GUIDANCE AND INSTRUCTIONS RELATED TO THE WORKOUT PROGRAMS, YOU ARE SOLELY RESPONSIBLE AT ALL TIMES OF YOUR OWN SAFETY, WHILE EXERCISING AND/OR FOLLOWING THE WORK OUT PROGRAMS GENERATED BY THE PLATFORM, AND SHALL IN PARTICULAR, EXERCISE YOUR MOST REASONABLE JUDGMENT TALKING ACCOUNT YOUR MEDICAL CONDITIONS, THE ENVIRONMENT, THE PREVIOUS PHYSICAL EXERCISES AND ACCEPT THAT GLOBAL YOGIS DISCLAIMS ANY RESPONSIBILITY REGARDING ANY CONSEQUENCES STEMMING FROM YOUR PHYSICAL EXERCISES WHILE OR WHEN USING THE PLATFORM. TO THE FULLEST EXTENT POSSIBLE.

5.4 Geographic Restrictions. The Content and Services are based in the state of California in the United States and provided for access and use only by persons located in the United States. You acknowledge that you may not be able to access all or some of the Content and Services outside of the United States and that access thereto may not be legal by certain persons or in certain countries. If you access the Content and Services from outside the United States, You are responsible for compliance with local laws. You represent and warrant that You (i) are not located in a country subject to US Government embargo or that has been designated by the US Government as a “terrorist supporting” country and (ii) You are not listed on any US Government list of prohibited or restricted parties.

6. Ownership.

6.1 Ownership of Platform, Evaluation Materials and Documentation. Subject solely to the express license granted by Global Yogis under this Agreement, as between the parties, Global Yogis reserves and retains all right, title and interest in and to the Materials, Platform, Documentation and Global Yogis’ other Confidential Information, including the sole and exclusive ownership of all Intellectual Property Rights relating thereto. You shall and hereby does unconditionally and irrevocably assign to Global Yogis or Global Yogis’ designee, the entire right, title and interest that You may have or acquire in any Materials or any of Global Yogis’ Confidential Information, including the sole and exclusive ownership of all Intellectual Property Rights relating thereto.

6.2 No Implied Rights. Nothing contained in this Agreement will be construed as granting, by implication, waiver, estoppel or otherwise: You or any third party any Intellectual Property Rights or other right, title, or interest in or to any of the Materials or Global Yogis’ Confidential Information, except for the limited rights and licenses expressly granted to you pursuant to this Agreement

6.3 Proprietary Notices. You shall not remove from, and shall cause to be affixed to or otherwise displayed in connection with, any copies of the Materials made by or on your behalf all copyright and other Intellectual Property Rights notices contained in the Materials as received from Global Yogis.

7. Confidentiality.

7.1 Confidentiality and Use. Each party acknowledges that in connection with this Agreement, you may gain access to Confidential Information of Global Yogis. As a condition to being provided with such Confidential Information, you agree, for a period of five years after the Effective Date, to:

a. not use Global Yogis’ Confidential Information other than as strictly necessary to exercise your rights or perform your obligations under this Agreement;

b. not use any of Global Yogis’ Confidential Information, directly or indirectly, in any manner to the detriment of Global Yogis or to obtain any competitive advantage relative to Global Yogis;

c. maintain Global Yogis’ Confidential Information in strict confidence and, subject to Section 7.2, not disclose Global Yogis’ Confidential Information without Global Yogis’ prior written consent, provided, however, that you may disclose the Confidential Information to your legal advisers and

d. notify Global Yogis in writing immediately of any unauthorized accessing, possession or use of Global Yogis’ Confidential Information of which you may become aware and cooperate fully with Global Yogis in any investigation or litigation relating to or arising from any of such unauthorized acts.

You shall use reasonable care, at least as protective as the efforts you use with respect to your own confidential information, to safeguard Global Yogis’ Confidential Information from use or disclosure other than as permitted hereby.

7.2 Exceptions. If you become legally compelled to disclose any Confidential Information, you shall: (a) provide prompt written notice to Global Yogis so that Global Yogis may seek a protective order or other appropriate remedy or waive its rights under this Section 7; and (b) disclose only the portion of Confidential Information that you are legally required to produce. If a protective order or other remedy is not obtained, or Global Yogis waives compliance, you shall use reasonable efforts to obtain assurance that confidential treatment will be afforded the Confidential Information.

8. Indemnification.

8.1 You shall indemnify, defend and hold harmless Global Yogis, and each of its and their respective officers, directors, employees, agents, successors and assigns (each, a “Global Yogis Indemnitee“) from and against any and all Losses incurred by such Global Yogis Indemnitee arising out of or relating to any claim, suit, action or proceeding by a third party (each, an “Action“) in connection with the following: (a) Usage Data, including any Processing of Usage Data by or on behalf of Global Yogis in accordance with this Agreement, (b) any other materials or information (including any documents, data, specifications, software, content or technology) provided by you or on your behalf, including Global Yogis’ compliance with any specifications or directions provided by you or on your behalf to the extent prepared without any contribution by Global Yogis, (c) allegation of facts that, if true, would constitute your breach of any of your representations, warranties, covenants or obligations under this Agreement; or (d) negligence or more culpable act or omission (including recklessness or willful misconduct) by you or any third party on your behalf, in connection with this Agreement.

8.2 Global Yogis shall promptly notify you in writing of any Action for which Global Yogis believes it is entitled to be indemnified pursuant to Section 8.2, as the case may be. Global Yogis Indemnitee shall cooperate with the other party (the “Indemnitor“) at the Indemnitor’s sole cost and expense. The Indemnitor shall immediately take control of the defense and investigation of such Action and shall employ counsel reasonably acceptable to Global Yogis Indemnitee to handle and defend the same, at the Indemnitor’s sole cost and expense.

9. Fees.

9.1 Free Trial Period. You will be able to use the Platform for free for 30 days following your registration (“Trial Period“). You will be requested to provide a credit card number. If you do not cancel this Agreement after the Trial Period, you will be charged a monthly fee as per paragraph 9.2 below.

9.2 Payments. Following the Trial Period, you agree to pay Global Yogis the applicable fees and taxes. Failure to pay these fees may result in the termination of your subscription. You must pay Global Yogis for applicable fees and taxes unless you cancel the Service, in which case you agree to still pay these fees through the end of the applicable subscription period.

10. Term and Termination.

10.1 Term. This Agreement commences as of the Effective Date and will renew from month-to-month and continue in effect until terminated by you or Global Yogis as set forth in Section 10.2 (the “Term“).

10.2 Termination.

a. You may terminate this Agreement by activating the “non- renewal” function present on our Website, or by contacting us through our contact form or by mail at 44 Tehama St, San Francisco, CA 94105 or by calling us at [Free toll number] and this will be taken into account for the next billing cycle (eg. If the agreement is due to renew on September 30 and you activate the non-Renewal function on September 15, you won’t be charged after September 30. But if non activate the non-renewal function on October 1, you will be charged until October 31)
b. Global Yogis may terminate this Agreement at any time without notice if it ceases to support the Platform, which Company may do in its sole discretion.
c. In addition, this Agreement will terminate immediately and automatically without any notice if you violate any of the terms and conditions of this Agreement, including failure to pay the fees pursuant to section 9 of this Agreement.

10.3 Effect of Expiration or Termination. Upon the termination of this Agreement in accordance with this Section 10:

a. You shall:
i. immediately discontinue all use of and permanently erase or cause to be erased from your computer systems, files and storage media all copies of the Materials and other Confidential Information of Global Yogis obtained, made or authorized to be made by You or on your behalf;

b.Global Yogis may activate and use without any resulting obligation or liability to You or any third party, a disabling encoded commands that will prevent the Platform from being used by unauthorized users for unauthorized purposes or after the Term. You shall not tamper with this disabling code, if any.

c. Refunds will not be provided for the unused portion of the term if auto-renew is cancelled.

10.4 Survival. The rights and obligations of the parties set forth in this Section 10.4 (Survival) and Section 1 (Definitions), Section 6 (Ownership), Section 7 (Confidentiality), Section 8 (Indemnification), Section 10.3 (Effect of Expiration or Termination), Section 11 (Disclaimer of Warranty), Section 12 (Limitations of Liability), Section 13 (Infringement) and Section 14 (Miscellaneous), and any right, obligation or required performance of the parties in this Agreement which by its express terms or nature and context is intended to survive termination or expiration of this Agreement, will survive any such termination or expiration.

11. Disclaimer of Warranty.

11.1 GLOBAL YOGIS HEREBY DISCLAIMS ALL WARRANTIES, WHETHER EXPRESS, IMPLIED, STATUTORY, OR OTHERWISE, WITH RESPECT TO THIS AGREEMENT OR ANY SUBJECT MATTER HEREOF. THE SERVICES ARE PROVIDED “AS IS” WITH ALL FAULTS AND WITHOUT WARRANTY OF ANY KIND. TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, GLOBAL YOGIS HEREBY DISCLAIMS ALL WARRANTIES AND CONDITIONS, EXPRESS, IMPLIED, STATUTORY OR OTHER, INCLUDING, WITHOUT LIMITATION, THE IMPLIED WARRANTIES OR CONDITIONS OF MERCHANTABILITY, TITLE, FITNESS FOR A PARTICULAR PURPOSE AND NON-INFRINGEMENT, AND ALL WARRANTIES ARISING FROM COURSE OF DEALING, COURSE OF PERFORMANCE OR USAGE IN TRADE, OR THAT ANY PLATFORM OR OTHER EVALUATION MATERIALS WILL MEET YOUR REQUIREMENTS OR THAT THE PLATFORM’S OPERATION WILL BE SECURE, UNINTERRUPTED OR ERROR-FREE, OR SUITABLE FOR YOUR PARTICULAR NEEDS OR OF THOSE OF ANY OTHER PERSON. THE ENTIRE RISK ARISING OUT OF THE USE OR PERFORMANCE OF THE SERVICES REMAINS WITH YOU.

12. Limitations of Liability.

12.1 Exclusion of Damages. TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, IN NO EVENT WILL GLOBAL YOGIS, ITS SOFTWARE DEVELOPERS OR SUPPLIERS BE LIABLE FOR ANY LOSS OF, DAMAGE TO, OR CORRUPTION OF DATA, LOST PROFITS, BUSINESS, CONTRACTS, REVENUE, PRODUCTION, GOODWILL OR ANTICIPATED SAVINGS, OR BUSINESS INTERRUPTION OR OTHER COMMERCIAL ECONOMIC OR OTHER DAMAGES, LOSSES OR INJURY OF ANY KIND, INCLUDING, BUT NOT LIMITED TO, ANY DIRECT, INDIRECT, SPECIAL, INCIDENTAL OR CONSEQUENTIAL DAMAGES ARISING OUT OF OR IN CONNECTION WITH THIS AGREEMENT OR ANY SUBJECT MATTER HEREOF, INCLUDING, WITHOUT LIMITATION, ANY USE OF OR INABILITY TO USE THE PLATFORM OR OTHER MATERIALS, IN WHOLE OR IN PART, EVEN IF ADVISED OF THE POSSIBILITY OF SUCH LOSSES, DAMAGES OR INJURIES AND REGARDLESS OF WHETHER ANY REMEDY SET FORTH IN THIS AGREEMENT FAILS OF ITS ESSENTIAL PURPOSE.

12.2 CAP ON MONETARY LIABILITY. TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, NOTWITHSTANDING ANY OTHER PROVISIONS OF THIS AGREEMENT, IN NO EVENT WILL GLOBAL YOGIS’ LIABILITY ARISING OUT OF OR RELATED TO THIS AGREEMENT OR ITS SUBJECT MATTER, WHETHER ARISING OUT OF OR RELATED TO BREACH OF CONTRACT, TORT (INCLUDING NEGLIGENCE) OR OTHERWISE, EXCEED $50.00.

13. Infringement. If you are notified by a third party that such party claims rights in any Evaluation Materials or that any use of any Materials infringes any right of that third party, You shall immediately notify Global Yogis and, at Global Yogis’ request, immediately cease all such use of all such Materials. If Global Yogis is, or determines in its sole discretion that it cannot or should not otherwise allow You to continue evaluating the Platform because of such claim, either party may terminate this Agreement immediately on written notice to the other party without any resulting obligation or liability to the other party by reason of such termination.

14. Miscellaneous.

14.1 Relationship of the Parties. The relationship between the parties is that of independent contractors. Nothing contained in this Agreement shall be construed as creating any agency, partnership, joint venture or other form of joint enterprise, employment or fiduciary relationship between the parties, and neither party shall have authority to contract for or bind the other party in any manner whatsoever.

14.2 Notices. All notices, requests, consents, claims, demands, waivers and other communications hereunder shall be in writing.

Notices sent in accordance with this Section shall be deemed effectively given: (a) when received, if delivered by hand (with written confirmation of receipt); (b) when received, if sent by a nationally recognized overnight courier (receipt requested); (c) on the date sent by e-mail in each case, with confirmation of transmission), if sent during normal business hours of the recipient, and on the next business day, if sent after normal business hours of the recipient; or (d) on the third day after the date mailed, by certified or registered mail, return receipt requested, postage prepaid.

14.3 Entire Agreement. This Agreement constitutes the entire agreement of the parties with respect to the subject matter contained herein, and supersedes any and all prior and contemporaneous understandings and agreements, whether written or oral, with respect to such subject matter.

14.4 Assignment. You shall not assign or otherwise transfer any of its rights, or delegate or otherwise transfer any of its obligations or performance, under this Agreement, in each case whether voluntarily, involuntarily, by operation of law or otherwise, without Global Yogis’ prior written consent. Any purported assignment, delegation or transfer in violation of this Section 14.4 is void. However, notwithstanding anything to the contrary in this Agreement, Global Yogis may freely assign or otherwise transfer all or any of its rights, or delegate or otherwise transfer all or any of its obligations or performance, under this Agreement. This Agreement is binding upon and inures to the benefit of the parties hereto and their respective permitted successors and assigns.

14.5 No Third-Party Beneficiaries. This Agreement is for the sole benefit of the parties hereto and their respective permitted successors and permitted assigns and nothing herein, express or implied, is intended to or shall confer on any other person or entity any legal or equitable right, benefit or remedy of any nature whatsoever under or by reason of this Agreement.

14.6 Amendment and Modification; Waiver. This Agreement may only be amended, modified or supplemented by an agreement in writing signed by each party hereto. No waiver by any party of any of the provisions hereof shall be effective unless explicitly set forth in writing and signed by the party so waiving. Except as otherwise set forth in this Agreement, no failure to exercise, or delay in exercising, any right, remedy, power or privilege arising from this Agreement shall operate or be construed as a waiver thereof; nor shall any single or partial exercise of any right, remedy, power or privilege hereunder preclude any other or further exercise thereof or the exercise of any other right, remedy, power or privilege.

14.7 Severability. If any term or provision of this Agreement is invalid, illegal or unenforceable in any jurisdiction, such invalidity, illegality or unenforceability shall not affect any other term or provision of this Agreement or invalidate or render unenforceable such term or provision in any other jurisdiction. Upon such determination that any term or other provision is invalid, illegal or unenforceable, the parties hereto shall negotiate in good faith to modify this Agreement so as to effect the original intent of the parties as closely as possible in a mutually acceptable manner in order that the transactions contemplated hereby be consummated as originally contemplated to the greatest extent possible.

14.8 Governing Law; Submission to Jurisdiction. This Agreement shall be governed by and construed in accordance with the internal laws of the State of California without giving effect to any choice or conflict of law provision or rule that would cause the application of Laws of any jurisdiction other than those of the State of California. Any legal suit, action or proceeding arising out of or related to this Agreement or the Evaluation License granted hereunder shall be instituted exclusively in the federal courts of the United States or the courts of the State of California in each case located in San Francisco and County of San Francisco County, and each party irrevocably submits to the exclusive jurisdiction of such courts in any such suit, action or proceeding. Service of process, summons, notice or other document by mail to such party’s address set forth herein shall be effective service of process for any suit, action or other proceeding brought in any such court.

14.9 Equitable Remedies. You acknowledge and agree that (a) your breach or threatened breach of any of your obligations under this Agreement would give rise to irreparable harm to Global Yogis for which monetary damages would not be an adequate remedy, and (b) in the event of your breach or threatened breach of any such obligations, Global Yogis shall, in addition to any and all other rights and remedies that may be available to Global Yogis at law, at equity or otherwise in respect of such breach, be entitled to equitable relief, including, but not limited to, a temporary restraining order, an injunction, specific performance and any other relief that may be available from any court of competent jurisdiction, without any requirement to post a bond or other security or to prove actual damages or that monetary damages will not afford an adequate remedy. You agree that you will not oppose or otherwise challenge the appropriateness of equitable relief or the entry by a court of competent jurisdiction of an order granting equitable relief, in either case, consistent with the terms of this Section 14.10.

14.10 Attorneys’ Fees. In the event that any action, suit, or other legal or administrative proceeding is instituted or commenced by either party hereto against the other party arising out of or related to this Agreement, the prevailing party shall be entitled to recover its reasonable attorneys’ fees and court costs from the non-prevailing party.

14.11 Electronic copy. A copy of this Agreement may be delivered by e-mail.

14.12 Questions. Any question, complaints or claims with respect to the Platform should be directed to Impulse Analytics LLC, 44 Tehama St, San Francisco, CA 94105, or by contacting us through our contact form.

Website Terms of Use

Last Modified: 12/17/2016

Acceptance of the Terms of Use

These terms of use are entered into by and between You and Impulse Analytics LLC, dba Global Yogis (“Company“, “we” or “us” or “Global Yogis”). The following terms and conditions, together with any documents they expressly incorporate by reference (collectively, these “Terms of Use“), govern your access to and use of theyogasummit.org, including any content, functionality and services offered on or through theyogasummit.org (the “Website“), as a guest. The Terms of Services found at theyogasummit.org/terms of service shall govern your access to and use of the Website and its contents as a registered user.

Please read the Terms of Use carefully before you start to use the Website. By using the Website or by clicking to accept or agree to the Terms of Use when this option is made available to you, you accept and agree to be bound and abide by these Terms of Use and our Privacy Policy, found at theyogasummit.org/legal, incorporated herein by reference. If you do not want to agree to these Terms of Use or the Privacy Policy, you must not access or use the Website.

This Website is offered and available to users who are 13 years of age or older, and reside in the United States or any of its territories or possessions. By using this Website, you represent and warrant that you are of legal age to form a binding contract with the Company and meet all of the foregoing eligibility requirements. If you do not meet all of these requirements, you must not access or use the Website.
Changes to the Terms of Use

We may revise and update these Terms of Use from time to time in our sole discretion. All changes are effective immediately when we post them, and apply to all access to and use of the Website thereafter. However, any changes to the dispute resolution provisions set forth in Governing Law and Jurisdiction will not apply to any disputes for which the parties have actual notice on or prior to the date the change is posted on the Website.

Your continued use of the Website following the posting of revised Terms of Use means that you accept and agree to the changes. You are expected to check this page each time you access this Website so you are aware of any changes, as they are binding on you.
Accessing the Website and Account Security

We reserve the right to withdraw or amend this Website, and any service or material we provide on the Website, in our sole discretion without notice. We will not be liable if for any reason all or any part of the Website is unavailable at any time or for any period. From time to time, we may restrict access to some parts of the Website, or the entire Website, to users, including registered users.

You are responsible for:

Making all arrangements necessary for you to have access to the Website.
Ensuring that all persons who access the Website through your internet connection are aware of these Terms of Use and comply with them.

To access the Website or some of the resources it offers, you may be asked to provide certain registration details or other information. It is a condition of your use of the Website that all the information you provide on the Website is correct, current and complete. You agree that all information you provide to register with this Website or otherwise, including but not limited to through the use of any interactive features on the Website, is governed by our Privacy Policy theyogasummit.org/privacy.html, and you consent to all actions we take with respect to your information consistent with our Privacy Policy.

If you choose, or are provided with, a user name, password or any other piece of information as part of our security procedures, you must treat such information as confidential, and you must not disclose it to any other person or entity. You also acknowledge that your account is personal to you and agree not to provide any other person with access to this Website or portions of it using your user name, password or other security information. You agree to notify us immediately of any unauthorized access to or use of your user name or password or any other breach of security. You also agree to ensure that you exit from your account at the end of each session. You should use particular caution when accessing your account from a public or shared computer so that others are not able to view or record your password or other personal information.

We have the right to disable any user name, password or other identifier, whether chosen by you or provided by us, at any time [in our sole discretion for any or no reason, including] if, in our opinion, you have violated any provision of these Terms of Use.
Intellectual Property Rights

The Website and its entire contents, features and functionality (including but not limited to all information, software, text, displays, images, video and audio, and the design, selection and arrangement thereof), are owned by the Company, its licensors or other providers of such material and are protected by United States and international copyright, trademark, patent, trade secret and other intellectual property or proprietary rights laws.

These Terms of Use permit you to use the Website for your personal, non-commercial use only. You must not reproduce, distribute, modify, create derivative works of, publicly display, publicly perform, republish, download, store or transmit any of the material on our Website, except as follows:

Your computer may temporarily store copies of such materials in RAM incidental to your accessing and viewing those materials.
You may store files that are automatically cached by your Web browser for display enhancement purposes.
You may print or download one copy of a reasonable number of pages of the Website for your own personal, non-commercial use and not for further reproduction, publication or distribution.
If we provide desktop, mobile or other applications for download, you may download a single copy to your computer or mobile device solely for your own personal, non-commercial use, provided you agree to be bound by our end user license agreement for such applications.

You must not:

Modify copies of any materials from this site.
Use any illustrations, photographs, video or audio sequences or any graphics separately from the accompanying text.
Delete or alter any copyright, trademark or other proprietary rights notices from copies of materials from this site.

You must not access or use for any commercial purposes any part of the Website or any services or materials available through the Website.

If you wish to make any use of material on the Website other than that set out in this section, please contact us through our contact form.

If you print, copy, modify, download or otherwise use or provide any other person with access to any part of the Website in breach of the Terms of Use, your right to use the Website will cease immediately and you must, at our option, return or destroy any copies of the materials you have made. No right, title or interest in or to the Website or any content on the Website is transferred to you, and all rights not expressly granted are reserved by the Company. Any use of the Website not expressly permitted by these Terms of Use is a breach of these Terms of Use and may violate copyright, trademark and other laws.

Trademarks

The Company name, the terms Global Yogis™, The Yoga Summit™, the Company logo and all related names, logos, product and service names, designs and slogans are trademarks of the Company or its affiliates or licensors. You must not use such marks without the prior written permission of the Company. All other names, logos, product and service names, designs and slogans on this Website are the trademarks of their respective owners.

Prohibited Uses

You may use the Website only for lawful purposes and in accordance with these Terms of Use. You agree not to use the Website:

In any way that violates any applicable federal, state, local or international law or regulation (including, without limitation, any laws regarding the export of data or software to and from the US or other countries).
For the purpose of exploiting, harming or attempting to exploit or harm minors in any way by exposing them to inappropriate content, asking for personally identifiable information or otherwise.
To transmit, or procure the sending of, any advertising or promotional material without our prior written consent, including any “junk mail”, “chain letter” or “spam” or any other similar solicitation.
To impersonate or attempt to impersonate the Company, a Company employee, another user or any other person or entity (including, without limitation, by using e-mail addresses or screen names associated with any of the foregoing).
To engage in any other conduct that restricts or inhibits anyone’s use or enjoyment of the Website, or which, as determined by us, may harm the Company or users of the Website or expose them to liability.

Additionally, you agree not to:

Use the Website in any manner that could disable, overburden, damage, or impair the site or interfere with any other party’s use of the Website, including their ability to engage in real time activities through the Website.
Use any robot, spider or other automatic device, process or means to access the Website for any purpose, including monitoring or copying any of the material on the Website.
Use any manual process to monitor or copy any of the material on the Website or for any other unauthorized purpose without our prior written consent.
Use any device, software or routine that interferes with the proper working of the Website.
Introduce any viruses, trojan horses, worms, logic bombs or other material which is malicious or technologically harmful.
Attempt to gain unauthorized access to, interfere with, damage or disrupt any parts of the Website, the server on which the Website is stored, or any server, computer or database connected to the Website.
Attack the Website via a denial-of-service attack or a distributed denial-of-service attack.
Otherwise attempt to interfere with the proper working of the Website.

User Contributions

The Website may contain message boards, chat rooms, personal web pages or profiles, forums, bulletin boards and other interactive features (collectively, “Interactive Services“) that allow users to post, submit, publish, display or transmit to other users or other persons (hereinafter, “post“) content or materials (collectively, “User Contributions“) on or through the Website.

All User Contributions must comply with the Content Standards set out in these Terms of Use.

Any User Contribution you post to the site will be considered non-confidential and non-proprietary. By providing any User Contribution on the Website, you grant us and our affiliates and service providers, and each of their and our respective licensees, successors and assigns the right to use, reproduce, modify, perform, display, distribute and otherwise disclose to third parties any such material for any purpose.

You represent and warrant that:

You own or control all rights in and to the User Contributions and have the right to grant the license granted above to us and our affiliates and service providers, and each of their and our respective licensees, successors and assigns.
All of your User Contributions do and will comply with these Terms of Use.

You understand and acknowledge that you are responsible for any User Contributions you submit or contribute, and you, not the Company, have fully responsibility for such content, including its legality, reliability, accuracy and appropriateness.

We are not responsible, or liable to any third party, for the content or accuracy of any User Contributions posted by you or any other user of the Website.

Monitoring and Enforcement; Termination

We have the right to:

Remove or refuse to post any User Contributions for any or no reason in our sole discretion.
Take any action with respect to any User Contribution that we deem necessary or appropriate in our sole discretion, including if we believe that such User Contribution violates the Terms of Use, including the Content Standards, infringes any intellectual property right or other right of any person or entity, threatens the personal safety of users of the Website or the public or could create liability for the Company.
Disclose your identity or other information about you to any third party who claims that material posted by you violates their rights, including their intellectual property rights or their right to privacy.
Take appropriate legal action, including without limitation, referral to law enforcement, for any illegal or unauthorized use of the Website.
Terminate or suspend your access to all or part of the Website for any or no reason, including without limitation, any violation of these Terms of Use.

Without limiting the foregoing, we have the right to fully cooperate with any law enforcement authorities or court order requesting or directing us to disclose the identity or other information of anyone posting any materials on or through the Website. YOU WAIVE AND HOLD HARMLESS THE COMPANY AND ITS AFFILIATES, LICENSEES AND SERVICE PROVIDERS FROM ANY CLAIMS RESULTING FROM ANY ACTION TAKEN BY THE COMPANY DURING OR AS A RESULT OF ITS INVESTIGATIONS AND FROM ANY ACTIONS TAKEN AS A CONSEQUENCE OF INVESTIGATIONS BY EITHER THE COMPANY OR LAW ENFORCEMENT AUTHORITIES.

However, we cannot review all material before it is posted on the Website, and cannot ensure prompt removal of objectionable material after it has been posted. Accordingly, we assume no liability for any action or inaction regarding transmissions, communications or content provided by any user or third party. We have no liability or responsibility to anyone for performance or nonperformance of the activities described in this section.

Content Standards

These content standards apply to any and all User Contributions and use of Interactive Services. User Contributions must in their entirety comply with all applicable federal, state, local and international laws and regulations. Without limiting the foregoing, User Contributions must not:

Contain any material which is defamatory, obscene, indecent, abusive, offensive, harassing, violent, hateful, inflammatory or otherwise objectionable.
Promote sexually explicit or pornographic material, violence, or discrimination based on race, sex, religion, nationality, disability, sexual orientation or age.
Infringe any patent, trademark, trade secret, copyright or other intellectual property or other rights of any other person.

Violate the legal rights (including the rights of publicity and privacy) of others or contain any material that could give rise to any civil or criminal liability under applicable laws or regulations or that otherwise may be in conflict with these Terms of Use and our Privacy Policy theyogasummit.org/legal

Be likely to deceive any person.
Promote any illegal activity, or advocate, promote or assist any unlawful act.
Cause annoyance, inconvenience or needless anxiety or be likely to upset, embarrass, alarm or annoy any other person.
Impersonate any person, or misrepresent your identity or affiliation with any person or organization.
Involve commercial activities or sales, such as contests, sweepstakes and other sales promotions, barter or advertising.
Give the impression that they emanate from or are endorsed by us or any other person or entity, if this is not the case.

Copyright Infringement

If you believe that any User Contributions violate your copyright, please see send us a notice of copyright infringement. It is the policy of the Company to terminate the user accounts of repeat infringers.
Reliance on Information Posted

The information presented on or through the Website is made available solely for general information purposes. We do not warrant the accuracy, completeness or usefulness of this information. Any reliance you place on such information is strictly at your own risk. We disclaim all liability and responsibility arising from any reliance placed on such materials by you or any other visitor to the Website, or by anyone who may be informed of any of its contents.

This Website may include content provided by third parties, including materials provided by other users, bloggers and third-party licensors, syndicators, aggregators and/or reporting services. All statements and/or opinions expressed in these materials, and all articles and responses to questions and other content, other than the content provided by the Company, are solely the opinions and the responsibility of the person or entity providing those materials. These materials do not necessarily reflect the opinion of the Company. We are not responsible, or liable to you or any third party, for the content or accuracy of any materials provided by any third parties.

Changes to the Website

We may update the content on this Website from time to time, but its content is not necessarily complete or up-to-date. Any of the material on the Website may be out of date at any given time, and we are under no obligation to update such material.

Information About You and Your Visits to the Website

All information we collect on this Website is subject to our Privacy Policy theyogasummit.org/legal. By using the Website, you consent to all actions taken by us with respect to your information in compliance with the Privacy Policy.

Other Terms and Conditions

Additional terms and conditions may also apply to specific portions, services or features of the Website. All such additional terms and conditions are hereby incorporated by this reference into these Terms of Use.

Linking to the Website and Social Media Features

You may link to our homepage, provided you do so in a way that is fair and legal and does not damage our reputation or take advantage of it, but you must not establish a link in such a way as to suggest any form of association, approval or endorsement on our part without our express written consent. This Website may provide certain social media features that enable you to:

Link from your own or certain third-party websites to certain content on this Website.
Send e-mails or other communications with certain content, or links to certain content, on this Website.
Cause limited portions of content on this Website to be displayed or appear to be displayed on your own or certain third-party websites.

You may use these features solely as they are provided by us and solely with respect to the content they are displayed with and otherwise in accordance with any additional terms and conditions we provide with respect to such features. Subject to the foregoing, you must not:

Establish a link from any website that is not owned by you.
Cause the Website or portions of it to be displayed, or appear to be displayed by, for example, framing, deep linking or in-line linking, on any other site.
Link to any part of the Website other than the homepage.
Otherwise take any action with respect to the materials on this Website that is inconsistent with any other provision of these Terms of Use.

You agree to cooperate with us in causing any unauthorized framing or linking immediately to cease. We reserve the right to withdraw linking permission without notice.

We may disable all or any social media features and any links at any time without notice in our discretion.

Links from the Website

If the Website contains links to other sites and resources provided by third parties, these links are provided for your convenience only. This includes links contained in advertisements, including banner advertisements and sponsored links. We have no control over the contents of those sites or resources, and accept no responsibility for them or for any loss or damage that may arise from your use of them. If you decide to access any of the third party websites linked to this Website, you do so entirely at your own risk and subject to the terms and conditions of use for such websites.
Geographic Restrictions

The owner of the Website is based in the state of California in the United States. We provide this Website for use only by persons located in the United States. We make no claims that the Website or any of its content is accessible or appropriate outside of the United States. Access to the Website may not be legal by certain persons or in certain countries. If you access the Website from outside the United States, you do so on your own initiative and are responsible for compliance with local laws.
Disclaimer of Warranties

You understand that we cannot and do not guarantee or warrant that files available for downloading from the internet or the Website will be free of viruses or other destructive code. You are responsible for implementing sufficient procedures and checkpoints to satisfy your particular requirements for anti-virus protection and accuracy of data input and output, and for maintaining a means external to our site for any reconstruction of any lost data. WE WILL NOT BE LIABLE FOR ANY LOSS OR DAMAGE CAUSED BY A DISTRIBUTED DENIAL-OF-SERVICE ATTACK, VIRUSES OR OTHER TECHNOLOGICALLY HARMFUL MATERIAL THAT MAY INFECT YOUR COMPUTER EQUIPMENT, COMPUTER PROGRAMS, DATA OR OTHER PROPRIETARY MATERIAL DUE TO YOUR USE OF THE WEBSITE OR ANY SERVICES OR ITEMS OBTAINED THROUGH THE WEBSITE OR TO YOUR DOWNLOADING OF ANY MATERIAL POSTED ON IT, OR ON ANY WEBSITE LINKED TO IT.

YOUR USE OF THE WEBSITE, ITS CONTENT AND ANY SERVICES OR ITEMS OBTAINED THROUGH THE WEBSITE IS AT YOUR OWN RISK. THE WEBSITE, ITS CONTENT AND ANY SERVICES OR ITEMS OBTAINED THROUGH THE WEBSITE ARE PROVIDED ON AN “AS IS” AND “AS AVAILABLE” BASIS, WITHOUT ANY WARRANTIES OF ANY KIND, EITHER EXPRESS OR IMPLIED. NEITHER THE COMPANY NOR ANY PERSON ASSOCIATED WITH THE COMPANY MAKES ANY WARRANTY OR REPRESENTATION WITH RESPECT TO THE COMPLETENESS, SECURITY, RELIABILITY, QUALITY, ACCURACY OR AVAILABILITY OF THE WEBSITE. WITHOUT LIMITING THE FOREGOING, NEITHER THE COMPANY NOR ANYONE ASSOCIATED WITH THE COMPANY REPRESENTS OR WARRANTS THAT THE WEBSITE, ITS CONTENT OR ANY SERVICES OR ITEMS OBTAINED THROUGH THE WEBSITE WILL BE ACCURATE, RELIABLE, ERROR-FREE OR UNINTERRUPTED, THAT DEFECTS WILL BE CORRECTED, THAT OUR SITE OR THE SERVER THAT MAKES IT AVAILABLE ARE FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS OR THAT THE WEBSITE OR ANY SERVICES OR ITEMS OBTAINED THROUGH THE WEBSITE WILL OTHERWISE MEET YOUR NEEDS OR EXPECTATIONS.

THE COMPANY HEREBY DISCLAIMS ALL WARRANTIES OF ANY KIND, WHETHER EXPRESS OR IMPLIED, STATUTORY OR OTHERWISE, INCLUDING BUT NOT LIMITED TO ANY WARRANTIES OF MERCHANTABILITY, NON-INFRINGEMENT AND FITNESS FOR PARTICULAR PURPOSE.

THE FOREGOING DOES NOT AFFECT ANY WARRANTIES WHICH CANNOT BE EXCLUDED OR LIMITED UNDER APPLICABLE LAW.
Limitation on Liability

IN NO EVENT WILL THE COMPANY, ITS AFFILIATES OR THEIR LICENSORS, SERVICE PROVIDERS, EMPLOYEES, AGENTS, OFFICERS OR DIRECTORS BE LIABLE FOR DAMAGES OF ANY KIND, UNDER ANY LEGAL THEORY, ARISING OUT OF OR IN CONNECTION WITH YOUR USE, OR INABILITY TO USE, THE WEBSITE, ANY WEBSITES LINKED TO IT, ANY CONTENT ON THE WEBSITE OR SUCH OTHER WEBSITES OR ANY SERVICES OR ITEMS OBTAINED THROUGH THE WEBSITE OR SUCH OTHER WEBSITES, INCLUDING ANY DIRECT, INDIRECT, SPECIAL, INCIDENTAL, CONSEQUENTIAL OR PUNITIVE DAMAGES, INCLUDING BUT NOT LIMITED TO, PERSONAL INJURY, PAIN AND SUFFERING, EMOTIONAL DISTRESS, LOSS OF REVENUE, LOSS OF PROFITS, LOSS OF BUSINESS OR ANTICIPATED SAVINGS, LOSS OF USE, LOSS OF GOODWILL, LOSS OF DATA, AND WHETHER CAUSED BY TORT (INCLUDING NEGLIGENCE), BREACH OF CONTRACT OR OTHERWISE, EVEN IF FORESEEABLE.

THE FOREGOING DOES NOT AFFECT ANY LIABILITY WHICH CANNOT BE EXCLUDED OR LIMITED UNDER APPLICABLE LAW.

Indemnification

You agree to defend, indemnify and hold harmless the Company, its affiliates, licensors and service providers, and its and their respective officers, directors, employees, contractors, agents, licensors, suppliers, successors and assigns from and against any claims, liabilities, damages, judgments, awards, losses, costs, expenses or fees (including reasonable attorneys’ fees) arising out of or relating to your violation of these Terms of Use or your use of the Website, including, but not limited to, your User Contributions, any use of the Website’s content, services and products other than as expressly authorized in these Terms of Use or your use of any information obtained from the Website.
Governing Law and Jurisdiction

All matters relating to the Website and these Terms of Use and any dispute or claim arising therefrom or related thereto (in each case, including non-contractual disputes or claims), shall be governed by and construed in accordance with the internal laws of the State of California without giving effect to any choice or conflict of law provision or rule.

 

Any legal suit, action or proceeding arising out of, or related to, these Terms of Use or the Website shall be instituted exclusively in the federal courts of the United States or the courts of the State of California in each case located in the City of San Diego and County of San Diego although we retain the right to bring any suit, action or proceeding against you for breach of these Terms of Use in your country of residence or any other relevant country. You waive any and all objections to the exercise of jurisdiction over you by such courts and to venue in such courts.

Limitation on Time to File Claims

ANY CAUSE OF ACTION OR CLAIM YOU MAY HAVE ARISING OUT OF OR RELATING TO THESE TERMS OF USE OR THE WEBSITE MUST BE COMMENCED WITHIN ONE (1) YEAR AFTER THE CAUSE OF ACTION ACCRUES, OTHERWISE, SUCH CAUSE OF ACTION OR CLAIM IS PERMANENTLY BARRED.

Waiver and Severability

No waiver of by the Company of any term or condition set forth in these Terms of Use shall be deemed a further or continuing waiver of such term or condition or a waiver of any other term or condition, and any failure of the Company to assert a right or provision under these Terms of Use shall not constitute a waiver of such right or provision.

If any provision of these Terms of Use is held by a court or other tribunal of competent jurisdiction to be invalid, illegal or unenforceable for any reason, such provision shall be eliminated or limited to the minimum extent such that the remaining provisions of the Terms of Use will continue in full force and effect.

Your Comments and Concerns

This website is operated by Impulse Analytics LLC, dba Global Yogis at 44 Tehama Street, San Francisco, CA 94105, USA.

All other feedback, comments, requests for technical support and other communications relating to the Website should be directed to our contact form.