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YogaDownload Privacy Policy

At YogaDownload, we are concerned about your online privacy. We've created our privacy policy to demonstrate how we protect the privacy of our customers. YogaDownload believes in a spam-free web. We do not sell, trade, loan or give personal information collected on the site, including email addresses, to any third party.

From time to time, YogaDownload will send out to its users information regarding changes and updates to the site, or promotional offers.

If you subscribe to our newsletter or request to be on our e-mail list, we will always give you the option to opt out at any time.

Purchasing Information and How It Is Used

When visiting YogaDownload's website, you may choose to supply YogaDownload with information that identifies you personally. This information may include your name and contact information, shipping and billing information, credit card numbers, and other information. We use the information you provide about yourself to complete the transaction for which the information is intended. Such transactions may include: completing an order, shipping a product, replying to support requests, or contacting you if you have granted us permission to do so. We do not share this information with outside parties without your permission except to the extent that is necessary to administer the services we offer our end-users or to comply in responding to subpoenas, court orders or other legal proceedings.

The Site may use “cookies” and other technologies to study traffic patterns on the Site, to customize your experience, and provide greater convenience each time you interact with us. The Site may also gather certain information automatically and store it in log files; such information may include internet protocol (IP) addresses, browser type, internet service provider (ISP), referring/exit pages, operating system, date/time stamp, and clickstream data.

Finally, we never use or share the personally identifiable information provided to us online in ways or for reasons unrelated to the ones described above without also providing an opportunity to opt-out or otherwise prohibit such unrelated uses.

Data Security

To prevent unauthorized access, maintain data accuracy, and ensure the appropriate use of information, we have put in place appropriate physical, electronic, and managerial procedures reasonably designed to safeguard and secure the information we collect online.

We use SSL (Secure Socket Layer) encryption to secure personal identification. In addition, personnel who have access to our database are trained to maintain and secure all information.

Terms of Use

These Terms and Conditions of Use (“Terms of Use”) apply to the web site located at www.YogaDownload.com, and all associated sites linked to www.YogaDownload.com by YogaDownload.com, Inc (“YogaDownload”), a Colorado corporation, its subsidiaries and affiliates, (collectively, “Site”). The Site is the property of YogaDownload and its licensors. BY USING THE SITE, YOU AGREE TO THESE TERMS OF USE; IF YOU DO NOT AGREE, DO NOT USE THE SITE.

YogaDownload reserves the right, at its sole discretion, to change, modify, add, or remove portions of these Terms of Use at any time. It is your responsibility to check these Terms of Use periodically for changes; your continued use of the Site following the posting of changes will mean that you accept and agree to the changes. As long as you comply with these Terms of Use, YogaDownload grants you a personal, non-exclusive, non-transferable, limited privilege to enter and use the Site.

Content

All text, graphics, user interfaces, visual interfaces, photographs, trademarks, logos, sounds, music, artwork and computer code (collectively, “Content”), including but not limited to the design, structure, selection, coordination, expression, “look and feel” and arrangement of such Content, contained on the Site is owned, controlled or licensed by or to YogaDownload, and is protected by trade dress, copyright, patent and trademark laws, and various other intellectual property rights and unfair competition laws.

Except as expressly provided herein, no part of the Site and no Content may be copied, reproduced, republished, uploaded, posted, publicly displayed, encoded, translated, transmitted or distributed in any way (including “mirroring”) to any other computer, server, Web site or other medium for publication or distribution or for any commercial enterprise, without YogaDownload’s express prior written consent.

The Site and Content are subject to change without notice.

Purpose of the Site

The Site has been created and is maintained for personal exercise, information, entertainment, and education. YogaDownload is not responsible for injuries incurred in the course of using the Site or products or services offered herein; you alone are responsible for determining your physical limits and the wisdom of undertaking any course of action recommended or taught on the site or in products or services offered herein. YogaDownload offers no warranties or guarantees regarding improvement of physical conditioning or health as a result of using the Site or products or services offered herein. Always consult a physician before using this or any other wellness or exercise program.

Use of the Site

You may not use any “deep-link”, “page-scrape”, “robot”, “spider” or other automatic device, program, algorithm or methodology, or any similar or equivalent manual process, to access, acquire, copy or monitor any portion of the Site or any Content, or in any way reproduce or circumvent the navigational structure or presentation of the Site or any Content, to obtain or attempt to obtain any materials, documents or information through any means not purposely made available through the Site. YogaDownload reserves the right to bar any such activity.

You may not attempt to gain unauthorized access to any portion or feature of the Site, or any other systems or networks connected to the Site or to any YogaDownload server, or to any of the services offered on or through the Site, by hacking, password “mining” or any other illegitimate means.

You may not probe, scan or test the vulnerability of the Site or any network connected to the Site, nor breach the security or authentication measures on the Site or any network connected to the Site. You may not reverse look-up, trace or seek to trace any information on any other user of or visitor to the Site, or any other customer of YogaDownload, including any YogaDownload account not owned by you, to its source, or exploit the Site or any service or information made available or offered by or through the Site, in any way where the purpose is to reveal any information, including but not limited to personal identification or information, other than your own information, as provided for by the Site.

You agree that you will not take any action that imposes an unreasonable or disproportionately large load on the infrastructure of the Site or YogaDownload’s systems or networks, or any systems or networks connected to the Site.

You agree not to use any device, software or routine to interfere or attempt to interfere with the proper working of the Site or any transaction being conducted on the Site, or with any other person’s use of the Site.

You may not forge headers or otherwise manipulate identifiers in order to disguise the origin of any message or transmittal you send to YogaDownload on or through the Site or any service offered on or through the Site. You may not pretend that you are, or that you represent, someone else, or impersonate any other individual or entity.

You may not use the Site or any Content for any purpose that is unlawful or prohibited by these Terms of Use, or to solicit the performance of any illegal activity or other activity which infringes the rights of YogaDownload or others.

The manner and quality of viewing, listening to, downloading, or otherwise using material on the Site is affected by your particular system.

Purchases; Other Terms and Conditions

Additional terms and conditions may apply to purchases of goods or services and to specific portions or features of the Site such as promotions, all of which terms are made a part of these Terms of Use by this reference. You agree to abide by such other terms and conditions, including where applicable representing that you are of sufficient legal age to use or participate in such service or feature. If there is a conflict between these Terms of Use and the terms posted for or applicable to a specific portion of the Site or for any service offered on or through the Site, the latter terms shall control with respect to your use of that portion of the Site or the specific service.

Unless otherwise agreed in writing, you agree to immediately pay for any and all products or services you purchase on the Site. Payment may be required before said products or services are delivered or made available for delivery to you.

YogaDownload’s obligations, if any, with regard to its products and services are governed solely by the agreements pursuant to which they are provided, and nothing on this Site should be construed to alter such agreements.

YogaDownload may make changes to any products or services offered on the Site, or to the applicable prices for any such products or services, at any time, without notice. The materials on the Site with respect to products and services may be out of date, and YogaDownload makes no commitment to update the materials on the Site with respect to such products and services.

Subscription Memberships

As outlined on the "Join Now" page all subscription memberships will be renewed automatically until canceled by you. You agree to pay all subscription fees and renewals while the subscription account is still active and until you cancel the account and receive confirmation of such cancellation.

Accounts, Passwords, and Security

Certain features or services offered on or through the Site may require you to open an account (including setting up a Site ID and password). You are entirely responsible for maintaining the confidentiality of your account information, including your password, and for any and all activity that occurs under your account. You agree to notify YogaDownload immediately of any unauthorized use of your account or password, or any other breach of security. You may be held liable for losses incurred by YogaDownload or any other user of or visitor to the Site due to someone else using your YogaDownload ID, password or account.

You may not use anyone else’s Site ID, password or account at any time without the express permission and consent of the holder of that Site ID, password or account. YogaDownload cannot and will not be liable for any loss or damage arising from your failure to comply with these obligations.

You acknowledge and agree that YogaDownload may preserve any transmittal or communication by you through the Site or any service offered on or through the Site, and may also disclose such data if required to do so by law or YogaDownload determines that such preservation or disclosure is reasonably necessary to (1) comply with legal process, (2) enforce these Terms of Use, (3) respond to claims that any such data violates the rights of others, or (4) protect the rights, property or personal safety of YogaDownload, its employees, users of or visitors to the Site, and the public.

You are advised to take precautions to protect your personal data when you are on the Internet: Change your passwords often using a combination of letters and numbers, and use a secure web browser.

The Site may use “cookies” and other technologies to study traffic patterns on the Site, to customize your experience, and provide greater convenience each time you interact with us. The Site may also gather certain information automatically and store it in log files; such information may include internet protocol (IP) addresses, browser type, internet service provider (ISP), referring/exit pages, operating system, date/time stamp, and clickstream data.

Links to Other Sites

This Site may contain links to other independent third-party Web sites (“Linked Sites”). These Linked Sites are provided solely as a convenience to our visitors. Such Linked Sites are not under YogaDownload’s control, and YogaDownload is not responsible for and does not endorse the content of such Linked Sites, including any information or materials contained on such Linked Sites and the handling of information or materials you or others might provide to the Linked Sites. You will need to make your own independent judgment regarding your interaction with these Linked Sites.

Disclaimers

YOGADOWNLOAD DOES NOT PROMISE THAT THE SITE OR ANY CONTENT, SERVICE OR FEATURE OF THE SITE WILL BE ERROR-FREE OR UNINTERRUPTED, OR THAT ANY DEFECTS WILL BE CORRECTED, OR THAT YOUR USE OF THE SITE WILL PROVIDE SPECIFIC RESULTS. THE SITE AND ITS CONTENT ARE DELIVERED ON AN “AS-IS” AND “AS-AVAILABLE” BASIS. ALL INFORMATION PROVIDED ON THE SITE IS SUBJECT TO CHANGE WITHOUT NOTICE. YOGADOWNLOAD CANNOT ENSURE THAT ANY FILES OR OTHER DATA YOU DOWNLOAD FROM THE SITE WILL BE FREE OF VIRUSES OR CONTAMINATION OR DESTRUCTIVE FEATURES. YOGADOWNLOAD DISCLAIMS ALL WARRANTIES, EXPRESS OR IMPLIED, INCLUDING ANY WARRANTIES OF ACCURACY, NON-INFRINGEMENT, MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE. YOGADOWNLOAD DISCLAIMS ANY AND ALL LIABILITY FOR THE ACTS, OMISSIONS AND CONDUCT OF ANY THIRD PARTIES IN CONNECTION WITH OR RELATED TO YOUR USE OF THE SITE AND/OR ANY RELATED SERVICES. YOU ASSUME TOTAL RESPONSIBILITY FOR YOUR USE OF THE SITE AND ANY LINKED SITES. YOUR SOLE REMEDY AGAINST YOGADOWNLOAD FOR DISSATISFACTION WITH THE SITE OR ANY AFFILIATED CONTENT IS TO STOP USING THE SITE OR ANY SUCH CONTENT. THIS LIMITATION OF RELIEF IS A PART OF THE BARGAIN BETWEEN THE PARTIES.

The above disclaimer applies to any damages, liability or injuries caused by any failure of performance, error, omission, interruption, deletion, defect, delay in operation or transmission, computer virus, communication line failure, theft or destruction of or unauthorized access to, alteration of, or use, whether for breach of contract, tort, negligence or any other cause of action.

YogaDownload reserves the right to do any of the following, at any time, without notice: (1) to modify, suspend or terminate operation of or access to the Site, or any portion of the Site, for any reason; (2) to modify or change the Site, or any portion of the Site, and any applicable policies or terms; and (3) to interrupt the operation of the Site, or any portion of the Site, as necessary to perform routine or non-routine maintenance, error correction, or other changes.

Limitation of Liability

Except where prohibited by law, in no event will YogaDownload be liable to you for any indirect, consequential, exemplary, incidental or punitive damages, including lost profits, even if YogaDownload has been advised of the possibility of such damages.

Where allowed by law, if, notwithstanding the other provisions of these Terms of Use, YogaDownload is found to be liable to you for any damage or loss which arises out of or is in any way connected with your use of the Site or any Content, YogaDownload’s liability shall in no event exceed the greater of (1) the total of any fees with respect to any service or feature of or on the Site paid in the six months prior to the date of the initial claim made against YogaDownload, or (2) US$100.00.

Indemnity

You agree to indemnify and hold YogaDownload, its officers, directors, shareholders, predecessors, successors in interest, employees, agents, subsidiaries and affiliates, harmless from any demands, loss, liability, claims or expenses (including attorneys’ fees), made against YogaDownload by any third party due to or arising out of or in connection with your use of the Site.

Violation of These Terms of Use

You agree that YogaDownload may, in its sole discretion and without prior notice, terminate your access to the Site and/or block your future access to the Site if we determine that you have violated these Terms of Use or other agreements or guidelines which may be associated with your use of the Site. You also agree that any violation by you of these Terms of Use will constitute an unlawful and unfair business practice, and will cause irreparable harm to YogaDownload, for which monetary damages would be inadequate, and you consent to YogaDownload obtaining any injunctive or equitable relief that YogaDownload deems necessary or appropriate in such circumstances. These remedies are in addition to any other remedies YogaDownload may have at law or in equity.

You agree that YogaDownload may, in its sole discretion and without prior notice, terminate your access to the Site, for cause, which includes (but is not limited to) (1) requests by law enforcement or other government agencies, (2) a request by you (self-initiated account deletions), (3) discontinuance or material modification of the Site or any service offered on or through the Site, or (4) unexpected technical issues or problems.

If YogaDownload does take any legal action against you as a result of your violation of these Terms of Use, YogaDownload will be entitled to recover from you, and you agree to pay, all reasonable attorneys’ fees and costs of such action, in addition to any other relief granted to YogaDownload. You agree that YogaDownload will not be liable to you or to any third party for termination of your access to the Site as a result of any violation of these Terms of Use.

Governing Law

You agree that all matters relating to your access to or use of the Site, including all disputes, will be governed by the laws of the United States and by the laws of the State of Colorado without regard to its conflicts of laws provisions. You agree to the personal jurisdiction by and venue in the state and federal courts in Denver County, Colorado, and waive any objection to such jurisdiction or venue.

Void Where Prohibited

YogaDownload administers and operates the www.YogaDownload.com Site from its location in Denver, Colorado, USA. YogaDownload reserves the right to limit, in its sole discretion, the provision and quantity of any feature, product or service to any person or geographic area. Any offer for any feature, product or service made on the Site is void where prohibited. If you choose to access the Site from outside the United States, you do so on your own initiative and you are solely responsible for complying with applicable local laws.

Miscellaneous

You may not use or export or re-export any Content or any copy or adaptation of such Content, or any product or service offered on the Site, in violation of any applicable laws or regulations, including without limitation United States export laws and regulations.

If any of the provisions of these Terms of Use are held by a court or other tribunal of competent jurisdiction to be void or unenforceable, such provisions shall be limited or eliminated to the minimum extent necessary and replaced with a valid provision that best embodies the intent of these Terms of Use, so that these Terms of Use shall remain in full force and effect. These Terms of Use constitute the entire agreement between you and YogaDownload with regard to your use of the Site, and any and all other written or oral agreements or understandings previously existing between you and YogaDownload with respect to such use are hereby superseded and cancelled. YogaDownload will not accept any counter-offers to these Terms of Use, and all such offers are hereby categorically rejected. YogaDownload’s failure to insist on or enforce strict performance of these Terms of Use shall not be construed as a waiver by YogaDownload of any provision or any right it has to enforce these Terms of Use, nor shall any course of conduct between YogaDownload and you or any other party be deemed to modify any provision of these Terms of Use. These Terms of Use shall not be interpreted or construed to confer any rights or remedies on any third parties.

Online Teacher Training Terms of Use

These Terms and Conditions of Use (“Terms of Use”) apply to the Teacher Training Course hosted on www.YogaDownload.com, as developed by TKYM/Alanna Kaivalya and YogaDownload, a Colorado Corporation. This agreement is between Student (hereinafter “Student”) and YogaDownload LLC and TKYM/The Kaivalya Yoga Method/Alanna Kaivalya (hereinafter “Provider”), collectively “Parties.” As a Student in this Training, by clicking “accept” below, Student agrees to be bound by the terms and conditions as outlined in this document.

Fees

The complete fee for this course is $1595; it is due after Student’s application is accepted by Provider and Student registers to participate in this training. Fees are not refundable, transferable, or otherwise subject to modification by either party.

Login

Only the registered Student may utilize his or her unique login to access material and/or upload content throughout this course. Student agrees to safeguard his or her account information and to notify YogaDownload in the event of any suspected breach of security. Student may be held liable for losses incurred by YogaDownload or any other user of or visitor to the Site due to someone else using Student’s YogaDownload ID, password, or account.

Availability of Services / Force Majeure

Provider maintains state-of-the-industry computer technology and has utilized best possible programing practices. Provider has implemented all reasonable safeguards to provide access to online services at all times. In the event of any disruption of services, Provider warrants that it will work as expeditiously as possible to restore usability to Student. Provider likewise is not responsible for natural disasters or any other such events outside of its control. No damages, monetary or otherwise, will be available to Student based on any such lapse in access. Although highly unlikely, in the event that a lapse is longer than one day (24 hrs), YogaDownload will credit any lost time toward Student’s one year timeframe for completion. Provider will, from time to time, perform maintenance on its site as needed, which may result in a temporary inaccessibility.

Student’s Prudent Physical Practices

As with any new physical practice, Student should be aware of his or her physical abilities and limitations and should consult a healthcare provider for assurance that Student is healthy enough to practice Yoga. Provider offers no warranties or guarantees regarding improvement of physical conditioning or health as a result of participating in this training.

Relationship between Provider and Student

Provider agrees to give student access to materials and guidance to learn what is needed to be a competent Yoga Teacher, no other legal relationship is created by participation in this Training.

Others

Relationship between Provider and Student does not extend to any other persons or entities, including but not limited to, Student’s own students or any others whom Student may instruct in the practices of Yoga. Provider specifically disclaims liability for any events pertaining thereto. It is wholly Student’s responsibility to exercise prudent practices and comply with all applicable laws when undertaking the teaching of others, both while participating in this Training and at all times afterward.

Post Completion

While Provider has created this Training to enable Student to competently teach others, completion of this Training does not guarantee employment.

Provider’s Proprietary Rights

All materials  in this Training and on the YogaDownload Website, including, without limitation, names, logos, trademarks, images, text, columns, graphics, videos, photographs, illustrations, artwork, master recordings, compositions, software, computer code, and other elements (collectively, "Content") are protected by copyrights, trademarks and/or other intellectual property rights owned and controlled by YogaDownload, TKYM, or other parties that have licensed or otherwise provided their material to YogaDownload. Student acknowledges and agrees that all Content on the YogaDownload Website is made available for limited, non-commercial, personal use only. Except as specifically provided herein or elsewhere on this Website, no Content may be copied, reproduced, republished, sold, downloaded, posted, transmitted, or distributed in any way, or otherwise used for any purpose, by any person or entity, without express written permission of YogaDownload and TKYM. Student may not add, delete, distort, or otherwise modify any Content. Any unauthorized attempt to modify any Content, to defeat or circumvent security features, or to utilize the Website or any part of the Content for any purpose other than its intended purposes is strictly prohibited and is grounds for immediate dismissal from Training, forfeiture of Tuition fee, and any and all possible remedies available to Provider at Law or Equity.

Student’s Rights to Content

Student will enter typed data and upload video and audio at various times throughout this Training (hereinafter, “content). Provider may utilize certain aspects of Student anecdotes or details shared by Student with Provider, in promotional materials without student consent ONLY if names and identifying details are removed and/or disguised to preserve anonymity. Provider will not use Student’s image/likeness/video content without Student’s consent. Provider will not share confidential details with third parties.

Preservation/Disclosure

Student acknowledges, consents, and agrees that Provider may access, preserve, and disclose Student’s account information and Content if necessary to:  (a) comply with legal process as issued by a competent authority; (b) enforce this Agreement; (c) respond to claims that any Content violates the rights of third parties; (d) respond to Student’s requests for customer service; or (e) protect the rights, property, or personal safety of Provider, its Members, or the public. Under no other circumstances will Provider intentionally disclose Student’s account information to any third party.

Provider Liability

Provider and its subsidiaries, affiliates, managers, shareholders, directors, officers, and employees, will not be liable (jointly or severally) to Student or any other person or entity for indirect, consequential, special, incidental, punitive, or exemplary damages, including without limitation, lost profits, lost savings, and lost revenues (collectively, the “excluded damages") as a result of Student’s use of Provider’s services, whether or not characterized in negligence, tort, contract, or other theory of liability, even if any of the Provider parties have been advised of the possibility of or could have foreseen any of the excluded damages and irrespective of any failure of an essential purpose of a limited remedy.  Where allowed by law, if, notwithstanding the other provisions of these Terms of Use, Provider is found to be liable to Student for any damage or loss which arises out of or is in any way connected with Student’s use of the Site or any Content, Provider’s liability shall in no event exceed the total of tuition fees paid for this Training.

Indemnity

Student agrees to indemnify and hold TKYM/Alanna Kaivalya, YogaDownload and, its officers, directors, shareholders, predecessors, successors in interest, employees, agents, subsidiaries and affiliates, harmless from any demands, loss, liability, claims or expenses (including attorneys’ fees), made against Provider by any third party due to or arising out of or in connection with Student use of the Site.

Violation of These Terms of Use

Student agrees that Provider may, in its sole discretion, terminate Student’s access to the Site and/or block Student’s future access to the Site, and participation in this Training for lewd, inappropriate, or otherwise offensive conduct or if it is determined that Student has violated these Terms of Use or other agreements or guidelines which may be associated with Student participation. Student also agrees that any violation by Student of these Terms of Use will constitute an unlawful and unfair business practice, and will cause irreparable harm to YogaDownload, for which monetary damages would be inadequate, and Student consents to YogaDownload obtaining any injunctive or equitable relief that Provider deems necessary or appropriate in such circumstances. These remedies are in addition to any other remedies YogaDownload may have at law or in equity.

If YogaDownload does take any legal action against Student as a result of Student’s violation of these Terms of Use, YogaDownload will be entitled to recover from Student, and Student agrees to pay, all reasonable attorneys’ fees and costs of such action, in addition to any other relief granted to YogaDownload. Student agrees that YogaDownload will not be liable to Student or to any third party for termination of Student’s access to the Site as a result of any violation of these Terms of Use.

Void Where Prohibited

YogaDownload administers and operates the www.YogaDownload.com Site from its location in Denver, Colorado, USA. YogaDownload reserves the right to limit, in its sole discretion, the provision and quantity of any feature, product or service to any person or geographic area. Any offer for any feature, product or service made on the Site is void where prohibited. If Student chooses to access the Site from outside the United States, Student does so on Student’s own initiative and Student is solely responsible for complying with applicable local laws.

Venue and Choice of Law

Parties agree that any controversy arising from this agreement will be subject to the laws of the United States of America, State of Colorado, irrespective of choice of law principles. The Parties agree that any controversy that may be brought arising from this agreement will be brought in the United States of America, and filed in either State or U.S. District Court sitting in the State of Colorado. Student agrees to the personal jurisdiction by and venue in the state and federal courts in Denver County, Colorado, and waive any objection to such jurisdiction or venue.

Legal Controversy: Arbitration

Student agrees that any controversy arising from this agreement will be brought to binding arbitration subject to the rules as established by the American Arbitration Association.

Use of the YogaDownload Site

All terms as described in the above standard “Terms of Service” for the regular YogaDownload site apply and such shall have the same effect as if incorporated here at length.

Copyright © 2015 YogaDownload, Inc; all rights reserved.