Michael Cremone’s YogaAbove & Open Flow Yoga
Terms of Use
Welcome to the Terms and Conditions of Use page (“Site Terms”) for the YogaAbove.com web site (the “Web Site”). These Site Terms create an agreement applicable to your use of our Web Site. We reserve the right, at any time, to modify, alter, or update these Site Terms, and you agree to be bound by such modifications, alterations, or updates once they are posted on our Web Site.
Your Registration Obligations
In consideration of your use of the Web Site, you agree:
(a) that any information you are prompted to provide
us about yourself (such as during registration or purchase)
shall be accurate, current and complete, and (b) that
you will maintain and promptly update such information
to keep it accurate, current and complete. If you provide
any information that is inaccurate, not current or incomplete,
or if we have reasonable grounds to suspect that that
such information provided is inaccurate, not current
or incomplete, we have the right to suspend or terminate
any and all current or future uses of our Web Site (or
any portion thereof).
In addition, YogaAbove.com content is not directed at children under thirteen years of age, and by providing information about yourself to YogaAbove.com, you are representing that you are thirteen years of age or older. If you are younger than thirteen years of age and would like to become a registered member of or provide information about yourself to the YogaAbove.com Web site, you are required to have your parent or legal guardian contact YogaAbove.com at info@YogaAbove.com prior to use.
Licenses and Site Access
Subject to these Site Terms, we grant you a limited
license only to make personal use of the Web Site. You
may not, without limitation: (a) make any resale or
commercial use of the Web Site or its content; (b) make
any derivative use of the Web Site or its content; or
(c) use any data mining, robots, or similar data gathering
and extraction methods within the Web Site. Except as
expressly stated in the Site Terms, you are not conveyed
any right or license by implication, estoppel, or otherwise
in or to any patent, trademark, copyright, or proprietary
right of YogaAbove.com or any third party. Elements
of the Web Site, including page headers, custom graphics,
logos, sounds, images and button icons, are protected
by trade dress and other state and federal laws and
may not be copied or imitated in whole or in part.
You may not use, frame or utilize framing techniques to enclose any YogaAbove.com trademark, logo or other proprietary information (including the photographs and images found at the Web Site, the content of any text, audio/visual programming and/or the layout or design of any page of the Web Site) without YogaAbove.com’s express written consent. Further, you may not use any meta tags or any other "hidden text" utilizing the name, trademark, or product name of YogaAbove.com without its express written consent.
Any unauthorized use of the Web Site will terminate the permission or license granted by the Site Terms, may violate copyright, trademark and other laws, and subject you to legal action.
Acceptable Conduct
The Web Site may include various interactive areas,
including chat functions and bulletin boards. These
forums may be used only for non-commercial purposes.
By using any forum or interactive area, you agree not
to do any of the following:
Upload to, distribute or otherwise publish through the
Web Site any text, message, data, photograph, image,
graphic, information, audio/video file or other material
("Content") that is unlawful, libelous, defamatory,
obscene, pornographic, indecent, lewd, harassing, threatening,
harmful, invasive of privacy or publicity rights, abusive,
inflammatory, fraudulent, deceptive, misleading or otherwise
objectionable;
Upload to, distribute or otherwise publish through the Web Site any Content that would convey expressions of bigotry, prejudice, racism, sexism, hatred or profanity;
Upload to, distribute or otherwise publish through the Web Site any Content that would constitute, assist or encourage a criminal offense, violate the rights of any party, or that would otherwise create liability or violate any local, state, national, or international law;
Upload to, distribute or otherwise publish through the Web Site any Content that may infringe any patent, trademark, trade secret, copyright or other intellectual or proprietary right of any party, or any Content that you do not have the lawful right to distribute and reproduce;
Upload to, distribute or otherwise publish through the Web Site any Content that may contain any viruses, Trojan horses, worms, time or logic bombs, cancelbots or other computer programming routines that are intended to damage, detrimentally interfere with, surreptitiously intercept or expropriate any system, data or personal information;
Impersonate any person or entity, including, but not limited to, a YogaAbove.com employee, officer, director, official, forum leader, guide or host, or falsely state or otherwise misrepresent your affiliation with any person or entity;
Without YogaAbove.com’s written
permission, distribute or publish unsolicited promotions,
advertising or solicitations for funds, goods or services,
including “junk mail,” “spam,”
“chain letters,” “pyramid schemes,”
or any other form of solicitation.
We do not undertake responsibility or assume liability
for any Content posted or uploaded by you or any third-party
who may be engaged in a consulting, sponsorship, endorsement
or other relationship with YogaAbove.com, or for any
mistakes, defamation, slander, libel, omissions, falsehoods,
obscenity, pornography or profanity you may encounter.
As a provider of interactive services, we are not liable
for any statements, representations or Content provided
by our users in any public forum or interactive area
(such as a chat room or bulletin board) in the Web Site.
This means that you, and not YogaAbove.com, are entirely
responsible for all Content that you upload, post or
otherwise transmit via the Web Site.
Enforcement
We reserve the right, but are not obligated, to monitor
any activity and Content associated with any public
forums and interactive areas, or any other areas on
the Web Site. We may investigate any reported violation
of our policies or complaints and take any appropriate
action that we deem appropriate. While we are not obligated
to take any action, such action may include, but is
not limited to, issuing warnings, suspension or termination
of service, and/or removal of posted Content. We reserve
the right and have absolute discretion to remove, screen
or edit any Content that violates these provisions or
is otherwise objectionable. We also reserve the right
to report any activity that we suspect violates any
law or regulation to appropriate law enforcement officials,
regulators, or other third parties.
In order to cooperate with governmental requests, to protect YogaAbove.com’s systems or customers, or to ensure the integrity and operation of YogaAbove.com’s business and systems, we may access and disclose any information we consider necessary or appropriate, including, without limitation, user profile information (i.e. name, e-mail address, etc.), IP addressing and traffic information, usage history, and posted Content. YogaAbove.coms’ right to disclose any such non-confidential or non-privileged information shall govern over any terms of YogaAbove.com’s Privacy Policy.
Only A Forum
The public forums and interactive areas on the Web Site
act as the venue for users to post their own Content.
We do not and cannot review all Content posted, uploaded
or transmitted to the Web Site, and are therefore not
responsible for such Content, regardless whether such
Content is posted by you or any third-party who may
be engaged in a consulting, sponsorship, endorsement
or other relationship with YogaAbove.com. You acknowledge
that YogaAbove.com is merely acting as a passive conduit
for the distribution of any Content you may post and
is not undertaking any obligation or liability relating
to any such Content. Please use caution and common sense
when using our Web Site.
License and Idea Submission
You agree to grant to YogaAbove.com a non-exclusive,
worldwide, royalty-free, perpetual license, with the
right to sublicense, to reproduce, distribute, transmit,
create derivative works of, publicly display and publicly
perform any Content you submit to the Web Site by all
means and in any media now known or hereafter developed.
You agree that you shall have no recourse against YogaAbove.com
for any alleged or actual infringement or misappropriation
of any proprietary right in any Content you submit to
us.
Your Indemnification and Release
You shall remain solely liable for the Content you post,
upload or transmit to YogaAbove.com, including the public
forums and interactive areas on the Web Site. You agree
to indemnify and hold harmless YogaAbove.com, including
its subsidiaries, divisions and affiliates, as well
as their respective directors, officers, employees and
agents, from any claim, action, demand, loss, expense
or damages (including attorneys' fees and related costs)
made or incurred by any third party arising out of or
relating to your conduct, your violation of these terms
and conditions, or your violation of any rights of a
third party. In the event that you have a dispute with
one or more users, you release YogaAbove.com (and its
officers, directors, agents, subsidiaries and employees)
from claims, demands and damages (actual and consequential)
of every kind and nature, known and unknown, suspected
and unsuspected, disclosed and undisclosed, arising
out of or in any way connected with such disputes. If
you are a New Jersey resident, you waive New Jersey
Civil Code §1542, which says: "A general release
does not extend to claims which the creditor does not
know or suspect to exist in his favor at the time of
executing the release, which if known by him must have
materially affected his settlement with the debtor."
Privacy
Please review our privacy policy.
Copyright
All right title and interest in the entire contents
of the Web Site is copyrighted as a collective work
under the United States and other copyright laws. YogaAbove.com
holds the copyright in this collective work. The collective
work includes works that are licensed to YogaAbove.com.
Copyright 2004 YogaAbove.com. ALL RIGHTS RESERVED. The
collective work may also include works that are the
property of YogaAbove.com’s licensors, which are
also protected by copyright and other intellectual property
laws. You hereby acknowledge and agree that YogaAbove.com
and/or any third party content providers remain the
owners of any posted materials on the Web Site, and
that you do not acquire any ownership rights over any
such copyrighted materials by downloading or, otherwise,
using them. You may display and, subject to any expressly
stated restrictions or limitations relating to specific
material, download portions of the material from the
different areas of the Web Site solely for your own
non-commercial use. Any redistribution, retransmission,
or publication of any material or content on the Web
Site is strictly prohibited without our express written
consent. You further agree not to modify or delete any
proprietary notices from materials downloaded from the
Web Site.
Trademarks
All trademarks, service marks, logos, trade names, and
any other proprietary designations of YogaAbove.com
or its divisions used herein are trademarks or registered
trademarks of YogaAbove.com. Any other trademarks, service
marks and trade names are the trademarks or registered
trademarks of their respective parties.
Links to Third Party Sites
There are links throughout the Web Site that will let
you leave our Web Site. These links are provided as
a courtesy only, and the sites they are linked to are
not under the control of YogaAbove.com in any manner
whatsoever. Therefore, YogaAbove.com is in no manner
responsible for the contents of any such linked site
or any link contained within a linked site, including
any changes or updates to such sites. YogaAbove.com
is providing these links merely as a convenience, and
the inclusion of any link does not in any way imply
or express affiliation, endorsement or sponsorship by
YogaAbove.com of the site and/or any of its content
therein.
Contests and Sweepstakes
We may from time to time offer participation in promotional
contests and sweepstakes on our Web Site. Your participation
in these contests and sweepstakes is governed by the
express rules applicable to each such contest or sweepstakes.
Price and Payment
You agree to pay all charges to your account, including
applicable taxes, in accordance with billing terms in
effect at the time a purchase is made. We reserve the
right to institute new fees or charges effective upon
prior notice to you. When prompted to do so, you must
provide us with valid credit card information. If payments
that cannot be charged to your credit card are returned
to us for any reason, we reserve the right either to
suspend or terminate your order, thereby terminating
all further obligations by YogaAbove.com. You are responsible
for maintaining the confidentiality of your password.
If you have reason to believe that your account is no
longer secure (for example, in the event of a loss,
theft or unauthorized disclosure or use of your password,
ID, or any credit, debit or charge card number stored
anywhere on our Web Site), you must promptly change
your password and notify us of the problem to avoid
possible liability for any unauthorized charges to your
account.
Disclaimer
THE WEB SITE AND THE MATERIALS, PRODUCTS, AND SERVICES
AVAILABLE FROM THE WEB SITE ARE PROVIDED "AS IS"
AND WITHOUT WARRANTIES OF ANY KIND, WHETHER EXPRESS
OR IMPLIED. TO THE FULLEST EXTENT PERMISSIBLE PURSUANT
TO APPLICABLE LAW, YOGAABOVE.COM DISCLAIMS ALL WARRANTIES,
EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, IMPLIED
WARRANTIES OF MERCHANTABILITY AND FITNESS FOR A PARTICULAR
PURPOSE AND NON-INFRINGEMENT. YOGAABOVE.COM DOES NOT
REPRESENT OR WARRANT THAT THE FUNCTIONS CONTAINED IN
THE WEB SITE WILL BE UNINTERRUPTED OR ERROR-FREE, THAT
DEFECTS WILL BE CORRECTED, OR THAT THE WEB SITE OR THE
SERVER(S) THAT MAKE THE WEB SITE AVAILABLE ARE FREE
OF VIRUSES OR OTHER HARMFUL COMPONENTS. YOGAABOVE.COM
DOES NOT MAKE ANY WARRANTIES OR REPRESENTATIONS REGARDING
THE USE OF THE MATERIALS OR CONTENT IN THE WEB SITE
IN TERMS OF THEIR CORRECTNESS, ACCURACY, ADEQUACY, USEFULNESS,
TIMELINESS, RELIABILITY OR OTHERWISE. Some states do
not allow the disclaimer of implied warranties, so the
foregoing disclaimer may not apply to you. This warranty
gives you specific legal rights and you may also have
other legal rights that vary from state to state.
Limitation of Liability
YOGAABOVE.COM SHALL NOT BE LIABLE FOR ANY SPECIAL OR
CONSEQUENTIAL DAMAGES THAT RESULT FROM THE USE OF, OR
THE INABILITY TO USE, THE MATERIALS, SERVICES OR CONTENT
ON THE WEB SITE, OR THE PERFORMANCE OF ANY PRODUCTS
YOU MAY PURCHASE ON OR THROUGHOUT THE WEB SITE, EVEN
IF YOGAABOVE.COM HAS BEEN ADVISED OF THE POSSIBILITY
OF SUCH DAMAGES. YOGAABOVE.COM WILL NOT BE LIABLE FOR
THE CONSEQUENCES OF ANY INTERRUPTIONS, ERRORS, OR LOSS
OF ANY DATA. Some states do not allow the limitation
of liability, so the foregoing limitation may not apply
to you.
Termination
Notwithstanding any of the Site Terms, we reserve the
right, without notice and in our sole discretion, to
terminate your license to use the Web Site, and to block
or prevent future access to and use of the Web Site.
Severability
If any provision of the Site Terms shall be deemed unlawful,
void, or for any reason unenforceable, then that provision
shall be deemed severable from these terms and conditions
and shall not affect the validity and enforceability
of any remaining provisions.
Notices
Except as explicitly stated otherwise, any notices shall
be given by postal mail to YogaAbove.com, PO BOX 591,
Hopewell, NJ 08525, or by email at info@YogaAbove.com.
Notice shall be deemed given 24 hours after email is
sent, unless the sending party is notified that the
email address is invalid. Alternatively, we may give
you notice by certified mail, postage prepaid and return
receipt requested, to the address provided to YogaAbove.com
during the registration process. In such case, notice
shall be deemed given 3 days after the date of mailing.
Miscellaneous
This Agreement is governed by and construed in accordance
with the laws of the State of New Jersey, exclusive
of its provisions on conflicts of laws. In respect of
any dispute relating to this Agreement, the use of the
Web Site, or the services or products provided through
the Web Site, any such dispute must be brought exclusively
in a court of competent jurisdiction sitting in Trenton,
New Jersey. The prevailing party shall be awarded reasonable
attorney fees, expert witness costs and expenses, and
all other costs and expenses incurred directly or indirectly
in connection with the proceedings. Any cause of action
or claim you may have with respect to the Web Site must
be commenced within one (1) year after the claim or
cause of action arises. Our failure to insist upon or
enforce strict performance of any provision of this
Agreement shall not be construed as a waiver of any
provision or right. Neither the course of conduct between
the parties nor trade practice shall act to modify any
provision of this Agreement. We may assign our rights
and duties under this Agreement to any party at any
time without notice to you. You acknowledge that the
provisions, disclosures and disclaimers set forth above
are fair and reasonable and your agreement to follow
and be bound to them is not the result of fraud, duress
or undue influence exercised upon you by any person
or entity. Both parties agree that there are no representations,
promises, warranties or undertakings by you or YogaAbove.com
contrary to those set forth above.