Terms of Use
Effective Date: January 20, 2018
Thank you for visiting this Site, which is owned and operated by Yoga Lab Mammoth, LLC. These Terms of Use govern your use of this Site.
TERMS OF USE ACCEPTANCE
These Terms of Use apply to all users of this Site. By using this Site you are agreeing to comply with and be bound by these Terms of Use. If you do not agree to these Terms of Use, you may not access or use this Site.
GENERAL USE PROVISIONS
All materials provided on the Site including information, text, graphics, documents, logos, trademarks, sounds, images, multimedia content, audiovisual content or any other materials you may see or read on the Site and all related software code (collectively, the “Materials”) are provided either by Yoga Lab Mammoth or by its respective third party licensors or agents (“Third Party Providers”) and are the property or copyrighted work of Yoga Lab Mammoth and/or its respective Third Party Providers. All Rights Reserved. Third Party Providers are intended third party beneficiaries of this Agreement and may enforce the terms of this Agreement against you.
Subject to the terms and conditions herein, Yoga Lab Mammoth hereby grants you a limited, revocable, personal, non-sublicenseable, non-transferable, non-exclusive license to access and use the Site and the Materials for your limited and personal, non-commercial access and use for real-time viewing purposes only. You agree not to: (a) modify or alter any part of the Site or the Materials, (b) attempt to gain unauthorized access to the Site, other members’ accounts or account information, or other computer systems, servers or networks connected to this Site or any portion thereof, (c) upload commercial content on this Site or use this Site to solicit others to join or become members of any other commercial online service or other organization, (d) upload, post, e-mail or otherwise transmit any data to the Site that (i) is unlawful, harmful, threatening, abusive, harassing, tortious, defamatory, vulgar, obscene, invasive of another’s privacy, hateful, or racially, ethnically or otherwise objectionable, (ii) infringes any patent, trademark, trade secret, copyright or other proprietary rights of any party, (iii) you do not have a right to transmit under any law or under contractual or fiduciary relationships, or (iv) contains software viruses or any other computer code, files or programs designed to interrupt, destroy or limit the functionality of any computer software or hardware or telecommunications equipment, (e) use this Site to harm minors in any way, (f) impersonate any person or entity, including a Yoga Lab Mammoth’ representative, or otherwise misrepresent your affiliation with a person or entity, (g) interfere with or disrupt this Site or servers or networks connected to this Site, or disobey the requirements, procedures, policies or regulations of networks connected to this Site, (h) collect or copy any product listings or products from this Site, (i) intentionally or unintentionally violate any applicable local, state, national or international law, (j) provide inaccurate, incomplete, outdated or misleading registration information, or (k) use automated means, including spiders, robots, crawlers, data mining tools, or similar data gathering methods to download data from this Site or otherwise access this Site. You further agree to comply with all applicable laws, rules and regulations governing your use of the Site and access of the Materials
Except as otherwise provided, or pursuant to a separate written agreement between you and Yoga Lab Mammoth, none of the Materials may be copied, reproduced, distributed, republished, downloaded, displayed, posted, transferred, assigned or transmitted in any form or by any means, including, electronic, mechanical, photocopying, recording, or other means, without the prior express written permission of Yoga Lab Mammoth or the appropriate Third Party Provider. Except where expressly provided otherwise by Yoga Lab Mammoth, nothing on the Site shall be construed to confer any license to any of Yoga Lab Mammoth’ or any Third Party Provider’s intellectual property rights, whether by estoppel, implication or otherwise. Yoga Lab Mammoth reserves the right in its sole and absolute discretion to terminate your right to use the Site at any time.
ONLINE MEMBER ACCOUNTS
To register for classes via your online member account, you must complete the registration process by providing Yoga Lab Mammoth with current, complete and accurate information as prompted by your account profile. In registering for the member account, you agree to submit accurate, current and complete information, and to promptly update such information as needed. Should Yoga Lab Mammoth suspect that such information is untrue, inaccurate, not current or incomplete, Yoga Lab Mammoth has the right to suspend or terminate your access to the Site. Your user account cannot be shared or used by anyone other than you. By opening a user account, you are confirming that you are at least eighteen (18) years of age.
Upon registration, you will select a username and personal password. You are responsible for keeping your username and password confidential. You agree to notify us immediately upon learning of any unauthorized use of your username and password. Yoga Lab Mammoth cannot and will not protect you from the unauthorized use of your user name and password. You are responsible for all activities and charges incurred through the use of your username and password, and any claims, liabilities, damages, losses and costs (including reasonable attorneys’ fees) resulting from the unauthorized use of your username and password, except for unauthorized use of your username and password directly resulting from the gross negligence or willful misconduct of Yoga Lab Mammoth. This Agreement is personal to you, and you shall not assign your rights to anyone.
RELEASE OF LIABILITY
You acknowledge that the participation in physical exercise and yoga instructional classes naturally involves the risk of injury. You further acknowledge that specific risks include injuries resulting from overexertion, physical adjustment, improper or negligent use of recommended equipment (e.g., blocks, weights and/or foam rollers and straps), failure to follow teacher instructions, or injuries resulting from participation in an inappropriate level of physical exercise. As such, you understand and voluntarily accept these risks and agree that you are solely responsible for selecting classes and activities that are appropriate for your skill and ability level, as well as disclosing any current or previous injuries and/or medical conditions.
PRIVACY POLICY
Yoga Lab Mammoth respects the privacy of its users. By agreeing to these Terms of Use, you agree to the terms of our Privacy Policy, which is expressly incorporated herein. Before using this Site, please carefully review our Privacy Policy. All personal information provided to us as a result of your use of this Site will be handled in accordance with our Privacy Policy. To the extent there are inconsistencies between these Terms of Use and our Privacy Policy, these Terms of Use control.
FEEDBACK
Although we do not claim ownership of User-Generated Content (UGC) you post using this Site, the Feedback you provide to us through this Site will be and remain our exclusive property. Your submission of Feedback will constitute an assignment to us of all worldwide rights, title and interests in your Feedback, including all copyrights and other intellectual property rights in your Feedback. We will be entitled to reduce to practice, exploit, make, use, copy, disclose, display or perform publicly, distribute, improve and modify any Feedback you submit for any purpose whatsoever, without restriction and without compensating you in any way. For this reason, we ask that you not send us any Feedback that you do not wish to assign to us including, but not limited to, any confidential information or any original creative materials such as stories, product ideas, computer code or original artwork.
DISCLAIMERS
YOGA LAB MAMMOTH MAKES NO REPRESENTATIONS OR WARRANTIES WITH RESPECT TO THIS SITE OR ITS CONTENT, OR ANY PRODUCT OR SERVICE AVAILABLE ON OR PROMOTED THROUGH THIS SITE. THIS SITE AND ALL OF ITS CONTENT (INCLUDING USER-GENERATED CONTENT) ARE PROVIDED ON AN “AS IS,” “AS AVAILABLE” BASIS, WITHOUT REPRESENTATIONS OR WARRANTIES OF ANY KIND. TO THE FULLEST EXTENT PERMITTED BY LAW, YOGA LAB MAMMOTH, ITS AFFILIATES, AND THEIR SERVICE PROVIDERS AND LICENSORS DISCLAIM ANY AND ALL REPRESENTATIONS AND WARRANTIES, WHETHER EXPRESS, IMPLIED, ARISING BY STATUTE, CUSTOM, COURSE OF DEALING, COURSE OF PERFORMANCE OR IN ANY OTHER WAY, WITH RESPECT TO THIS SITE, ITS CONTENT, AND ANY PRODUCTS OR SERVICES AVAILABLE OR PROMOTED THROUGH THIS SITE. WITHOUT LIMITING THE GENERALITY OF THE FOREGOING, YOGA LAB MAMMOTH, ITS AFFILIATES, AND THEIR SERVICE PROVIDERS AND LICENSORS DISCLAIM ALL REPRESENTATIONS AND WARRANTIES (A) OF TITLE, NON-INFRINGEMENT, MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE; (B) RELATING TO THE SECURITY OF THIS SITE; (C) THAT THE CONTENT OF THIS SITE IS ACCURATE, COMPLETE OR CURRENT; OR (D) THAT THIS SITE WILL OPERATE SECURELY OR WITHOUT INTERRUPTION OR ERROR.
WE DO NOT REPRESENT OR WARRANT THAT THIS SITE, ITS SERVERS, OR ANY TRANSMISSIONS SENT FROM US OR THROUGH THIS SITE WILL BE FREE OF ANY HARMFUL COMPONENTS (INCLUDING VIRUSES).
YOGA LAB MAMMOTH DOES NOT ENDORSE AND IS NOT RESPONSIBLE FOR STATEMENTS, ADVICE AND OPINIONS MADE BY ANYONE OTHER THAN AUTHORIZED AND ASSIGNED YOGA LAB MAMMOTH SPOKESPERSONS. WE DO NOT ENDORSE AND ARE NOT RESPONSIBLE FOR ANY STATEMENTS, ADVICE, OR OPINIONS CONTAINED IN USER-GENERATED CONTENT AND SUCH STATEMENTS, ADVICE, AND OPINIONS DO NOT IN ANY WAY REFLECT THE STATEMENTS, ADVICE AND OPINIONS OF YOGA LAB MAMMOTH. WE DO NOT MAKE ANY REPRESENTATIONS OR WARRANTIES AGAINST THE POSSIBILITY OF DELETION, MISDELIVERY OR FAILURE TO STORE COMMUNICATIONS, PERSONALIZED SETTINGS, OR OTHER DATA. YOU ACCEPT THAT OUR SHAREHOLDERS, OWNERS, OFFICERS, DIRECTORS, EMPLOYEES AND OTHER REPRESENTATIVES SHALL HAVE THE BENEFIT OF THIS CLAUSE.
APPLICABLE LAW MAY NOT ALLOW THE LIMITATION OF CERTAIN WARRANTIES, SO ALL OR PART OF THIS DISCLAIMER OF WARRANTIES MAY NOT APPLY TO YOU.
LIMITATION OF LIABILITY
YOGA LAB MAMMOTH AND THE THIRD PARTY PROVIDERS SHALL NOT BE LIABLE FOR ANY DAMAGES SUFFERED AS A RESULT OF USING, MODIFYING, CONTRIBUTING, COPYING, DISTRIBUTING OR ACCESSING THE SITE OR THE MATERIALS, AS WELL AS FOR ANY DAMAGES SUFFERED AS A RESULT OF THE INABILITY TO USE THE SITE OR THE MATERIALS. IN NO EVENT SHALL YOGA LAB MAMMOTH OR THIRD PARTY PROVIDERS BE LIABLE FOR ANY INDIRECT, PUNITIVE, SPECIAL, INCIDENTAL, OR CONSEQUENTIAL DAMAGES, HOWEVER ARISING, WHETHER IN AN ACTION OF CONTRACT, NEGLIGENCE OR OTHER TORTIOUS ACTION, ARISING OUT OF OR IN CONNECTION WITH THE USE OF THE SITE OR THE MATERIALS MADE AVAILABLE FROM THE SITE, EVEN IF YOGA LAB MAMMOTH HAS BEEN PREVIOUSLY ADVISED OF THE POSSIBILITY OF SUCH DAMAGE. YOU ACKNOWLEDGE AND AGREE THAT YOGA LAB MAMMOTH SHALL NOT BE LIABLE FOR THE DEFAMATORY, OFFENSIVE, OR ILLEGAL CONDUCT OF ANY THIRD PARTY AND THAT THE RISK OF HARM OR DAMAGE FROM THE FOREGOING RESTS ENTIRELY WITH YOU. AS A USER OF THE SITE, YOUR SOLE REMEDY FOR DISSATISFACTION WITH THE SITE AND/OR THE MATERIALS IS TO STOP USING THE SITE. THE FOREGOING LIMITATION OF LIABILITY SHALL APPLY TO THE FULLEST EXTENT PERMITTED IN THE APPLICABLE JURISDICTION.
INDEMNITY
You agree to indemnify and hold Yoga Lab Mammoth, its subsidiaries, and affiliates, and their respective officers, agents, partners and employees, harmless from any loss, liability, claim, or demand, including reasonable attorneys’ fees, made by any third party due to or arising out of your use of this Site in violation of these Terms of Use and/or arising from a breach of these Terms of Use and/or any breach of your representations and warranties set forth above and/or if any material that you post using this Site causes us to be liable to another. We reserve the right to defend any such claim, and you agree to provide us with such reasonable cooperation and information as we may request.
THIRD PARTY WEBSITES
This Site may provide links to other websites operated by third parties. Because we have no control over third-party websites, we are not responsible for the availability of those websites and do not endorse and are not responsible or liable for any content, advertising, services, products, or other materials on or available from such websites. Yoga Lab Mammoth shall not be responsible or liable, directly or indirectly, for any damage or loss caused or alleged to be caused by or in connection with the use of or reliance on any content, advertising, services, products, or other materials on or available from such websites. These Terms of Use do not apply to your use of third-party websites; your use of such websites is subject to the terms and policies of the owner of such websites.
MODIFICATIONS
We reserve the right at any time and from time-to-time to modify, edit, delete, suspend or discontinue, temporarily or permanently this Site (or any portion thereof) and/or the information, materials, products and/or services available through this Site (or any part thereof) with or without notice. You agree that we shall not be liable to you or to any third party for any such modification, editing, deletion, suspension or discontinuance of this Site.
GENERAL TERMS
The Site may include inaccuracies or typographical errors. The section headings are inserted for convenience of reference only and are not intended to be a part of or to affect the meaning or interpretation of this Agreement. As used in this Agreement, the word “including” means “including but not limited to.” No joint venture, partnership, employment or agency relationship exists between you and Yoga Lab Mammoth as result of this Agreement or through the use of the Site. No alteration, amendment, or modification of any of the provisions of this Agreement shall be binding unless made in writing with express reference to this Agreement, and signed by a duly authorized representative of each party. The failure of Yoga Lab Mammoth to enforce any right or provision of this Agreement shall not constitute a waiver of such right or provision unless acknowledged and agreed to by Yoga Lab Mammoth in writing. If any of the provisions of this Agreement is held by a court of competent jurisdiction to be unenforceable, such provision shall be changed and interpreted to accomplish the objectives of such provision to the greatest extent possible under applicable law and remaining provisions will remain in full force and effect. Yoga Lab Mammoth shall not be liable for any failure to fulfill its obligations hereunder due to causes beyond its reasonable control, including acts or omissions of government or military authority, acts of God, shortages of materials, transportation delays, earthquakes, fires, floods, labor disturbances, riots, or war. This Agreement will be governed by California law and controlling U.S. federal law, without regard to the choice or conflicts of law provisions of any jurisdiction. You agree that the Site shall be deemed solely based in California, and the Site shall be deemed a passive web site that does not give rise to personal jurisdiction over Yoga Lab Mammoth in jurisdictions other than California. Any and all disputes, actions, claims, or causes of action related to or in connection with this Agreement or the Site shall be brought in the federal and state courts located in Mammoth Lakes/Mono County, California. This Agreement represents the entire understanding relating to the use of the Site and prevails over any prior or contemporaneous, conflicting or additional communications, including statements on the Site. Yoga Lab Mammoth has the right to assign or transfer this Agreement to a third party, which acquires substantially all of the assets or equity of Yoga Lab Mammoth connected with the Site. You may not assign or otherwise transfer in whole or in part or in any manner any rights, obligations, or any interest in or under this Agreement without Yoga Lab Mammoth’ prior written consent and any attempted assignment will be void. A merger or other acquisition by a third party will be treated as an assignment. YOU AND YOGA LAB MAMMOTH AGREE THAT ANY CAUSE OF ACTION ARISING OUT OF OR RELATED TO THE SITE MUST COMMENCE WITHIN ONE YEAR AFTER THE CAUSE OF ACTION ACCRUES, IT BEING THE EXPRESS INTENT OF THE PARTIES TO LIMIT THE TIME PERIOD DURING WHICH A PARTY MAY BRING A CLAIM. OTHERWISE, SUCH CAUSE OF ACTION IS PERMANENTLY BARRED.
INTELLECTUAL PROPERTY NOTICES
You hereby acknowledge the following proprietary notices and legends: Elements of the Site are protected by copyright and other intellectual and industrial property laws and may not be copied or imitated in whole or in part except as provided in this Agreement. No logo, graphic, sound or image from the Site may be copied or retransmitted unless expressly permitted by Yoga Lab Mammoth.
QUESTIONS
If you have any questions about this site or these Terms of Use, please contact us using the following information:
Yoga Lab Mammoth
P.O. Box 100 PMB 126
Mammoth Lakes, CA 93546
or via telephone at 760.709.1617
TERMS OF USE ACCEPTANCE
These Terms of Use apply to all users of this Site. By using this Site you are agreeing to comply with and be bound by these Terms of Use. If you do not agree to these Terms of Use, you may not access or use this Site.
GENERAL USE PROVISIONS
All materials provided on the Site including information, text, graphics, documents, logos, trademarks, sounds, images, multimedia content, audiovisual content or any other materials you may see or read on the Site and all related software code (collectively, the “Materials”) are provided either by Yoga Lab Mammoth or by its respective third party licensors or agents (“Third Party Providers”) and are the property or copyrighted work of Yoga Lab Mammoth and/or its respective Third Party Providers. All Rights Reserved. Third Party Providers are intended third party beneficiaries of this Agreement and may enforce the terms of this Agreement against you.
Subject to the terms and conditions herein, Yoga Lab Mammoth hereby grants you a limited, revocable, personal, non-sublicenseable, non-transferable, non-exclusive license to access and use the Site and the Materials for your limited and personal, non-commercial access and use for real-time viewing purposes only. You agree not to: (a) modify or alter any part of the Site or the Materials, (b) attempt to gain unauthorized access to the Site, other members’ accounts or account information, or other computer systems, servers or networks connected to this Site or any portion thereof, (c) upload commercial content on this Site or use this Site to solicit others to join or become members of any other commercial online service or other organization, (d) upload, post, e-mail or otherwise transmit any data to the Site that (i) is unlawful, harmful, threatening, abusive, harassing, tortious, defamatory, vulgar, obscene, invasive of another’s privacy, hateful, or racially, ethnically or otherwise objectionable, (ii) infringes any patent, trademark, trade secret, copyright or other proprietary rights of any party, (iii) you do not have a right to transmit under any law or under contractual or fiduciary relationships, or (iv) contains software viruses or any other computer code, files or programs designed to interrupt, destroy or limit the functionality of any computer software or hardware or telecommunications equipment, (e) use this Site to harm minors in any way, (f) impersonate any person or entity, including a Yoga Lab Mammoth’ representative, or otherwise misrepresent your affiliation with a person or entity, (g) interfere with or disrupt this Site or servers or networks connected to this Site, or disobey the requirements, procedures, policies or regulations of networks connected to this Site, (h) collect or copy any product listings or products from this Site, (i) intentionally or unintentionally violate any applicable local, state, national or international law, (j) provide inaccurate, incomplete, outdated or misleading registration information, or (k) use automated means, including spiders, robots, crawlers, data mining tools, or similar data gathering methods to download data from this Site or otherwise access this Site. You further agree to comply with all applicable laws, rules and regulations governing your use of the Site and access of the Materials
Except as otherwise provided, or pursuant to a separate written agreement between you and Yoga Lab Mammoth, none of the Materials may be copied, reproduced, distributed, republished, downloaded, displayed, posted, transferred, assigned or transmitted in any form or by any means, including, electronic, mechanical, photocopying, recording, or other means, without the prior express written permission of Yoga Lab Mammoth or the appropriate Third Party Provider. Except where expressly provided otherwise by Yoga Lab Mammoth, nothing on the Site shall be construed to confer any license to any of Yoga Lab Mammoth’ or any Third Party Provider’s intellectual property rights, whether by estoppel, implication or otherwise. Yoga Lab Mammoth reserves the right in its sole and absolute discretion to terminate your right to use the Site at any time.
ONLINE MEMBER ACCOUNTS
To register for classes via your online member account, you must complete the registration process by providing Yoga Lab Mammoth with current, complete and accurate information as prompted by your account profile. In registering for the member account, you agree to submit accurate, current and complete information, and to promptly update such information as needed. Should Yoga Lab Mammoth suspect that such information is untrue, inaccurate, not current or incomplete, Yoga Lab Mammoth has the right to suspend or terminate your access to the Site. Your user account cannot be shared or used by anyone other than you. By opening a user account, you are confirming that you are at least eighteen (18) years of age.
Upon registration, you will select a username and personal password. You are responsible for keeping your username and password confidential. You agree to notify us immediately upon learning of any unauthorized use of your username and password. Yoga Lab Mammoth cannot and will not protect you from the unauthorized use of your user name and password. You are responsible for all activities and charges incurred through the use of your username and password, and any claims, liabilities, damages, losses and costs (including reasonable attorneys’ fees) resulting from the unauthorized use of your username and password, except for unauthorized use of your username and password directly resulting from the gross negligence or willful misconduct of Yoga Lab Mammoth. This Agreement is personal to you, and you shall not assign your rights to anyone.
RELEASE OF LIABILITY
You acknowledge that the participation in physical exercise and yoga instructional classes naturally involves the risk of injury. You further acknowledge that specific risks include injuries resulting from overexertion, physical adjustment, improper or negligent use of recommended equipment (e.g., blocks, weights and/or foam rollers and straps), failure to follow teacher instructions, or injuries resulting from participation in an inappropriate level of physical exercise. As such, you understand and voluntarily accept these risks and agree that you are solely responsible for selecting classes and activities that are appropriate for your skill and ability level, as well as disclosing any current or previous injuries and/or medical conditions.
PRIVACY POLICY
Yoga Lab Mammoth respects the privacy of its users. By agreeing to these Terms of Use, you agree to the terms of our Privacy Policy, which is expressly incorporated herein. Before using this Site, please carefully review our Privacy Policy. All personal information provided to us as a result of your use of this Site will be handled in accordance with our Privacy Policy. To the extent there are inconsistencies between these Terms of Use and our Privacy Policy, these Terms of Use control.
FEEDBACK
Although we do not claim ownership of User-Generated Content (UGC) you post using this Site, the Feedback you provide to us through this Site will be and remain our exclusive property. Your submission of Feedback will constitute an assignment to us of all worldwide rights, title and interests in your Feedback, including all copyrights and other intellectual property rights in your Feedback. We will be entitled to reduce to practice, exploit, make, use, copy, disclose, display or perform publicly, distribute, improve and modify any Feedback you submit for any purpose whatsoever, without restriction and without compensating you in any way. For this reason, we ask that you not send us any Feedback that you do not wish to assign to us including, but not limited to, any confidential information or any original creative materials such as stories, product ideas, computer code or original artwork.
DISCLAIMERS
YOGA LAB MAMMOTH MAKES NO REPRESENTATIONS OR WARRANTIES WITH RESPECT TO THIS SITE OR ITS CONTENT, OR ANY PRODUCT OR SERVICE AVAILABLE ON OR PROMOTED THROUGH THIS SITE. THIS SITE AND ALL OF ITS CONTENT (INCLUDING USER-GENERATED CONTENT) ARE PROVIDED ON AN “AS IS,” “AS AVAILABLE” BASIS, WITHOUT REPRESENTATIONS OR WARRANTIES OF ANY KIND. TO THE FULLEST EXTENT PERMITTED BY LAW, YOGA LAB MAMMOTH, ITS AFFILIATES, AND THEIR SERVICE PROVIDERS AND LICENSORS DISCLAIM ANY AND ALL REPRESENTATIONS AND WARRANTIES, WHETHER EXPRESS, IMPLIED, ARISING BY STATUTE, CUSTOM, COURSE OF DEALING, COURSE OF PERFORMANCE OR IN ANY OTHER WAY, WITH RESPECT TO THIS SITE, ITS CONTENT, AND ANY PRODUCTS OR SERVICES AVAILABLE OR PROMOTED THROUGH THIS SITE. WITHOUT LIMITING THE GENERALITY OF THE FOREGOING, YOGA LAB MAMMOTH, ITS AFFILIATES, AND THEIR SERVICE PROVIDERS AND LICENSORS DISCLAIM ALL REPRESENTATIONS AND WARRANTIES (A) OF TITLE, NON-INFRINGEMENT, MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE; (B) RELATING TO THE SECURITY OF THIS SITE; (C) THAT THE CONTENT OF THIS SITE IS ACCURATE, COMPLETE OR CURRENT; OR (D) THAT THIS SITE WILL OPERATE SECURELY OR WITHOUT INTERRUPTION OR ERROR.
WE DO NOT REPRESENT OR WARRANT THAT THIS SITE, ITS SERVERS, OR ANY TRANSMISSIONS SENT FROM US OR THROUGH THIS SITE WILL BE FREE OF ANY HARMFUL COMPONENTS (INCLUDING VIRUSES).
YOGA LAB MAMMOTH DOES NOT ENDORSE AND IS NOT RESPONSIBLE FOR STATEMENTS, ADVICE AND OPINIONS MADE BY ANYONE OTHER THAN AUTHORIZED AND ASSIGNED YOGA LAB MAMMOTH SPOKESPERSONS. WE DO NOT ENDORSE AND ARE NOT RESPONSIBLE FOR ANY STATEMENTS, ADVICE, OR OPINIONS CONTAINED IN USER-GENERATED CONTENT AND SUCH STATEMENTS, ADVICE, AND OPINIONS DO NOT IN ANY WAY REFLECT THE STATEMENTS, ADVICE AND OPINIONS OF YOGA LAB MAMMOTH. WE DO NOT MAKE ANY REPRESENTATIONS OR WARRANTIES AGAINST THE POSSIBILITY OF DELETION, MISDELIVERY OR FAILURE TO STORE COMMUNICATIONS, PERSONALIZED SETTINGS, OR OTHER DATA. YOU ACCEPT THAT OUR SHAREHOLDERS, OWNERS, OFFICERS, DIRECTORS, EMPLOYEES AND OTHER REPRESENTATIVES SHALL HAVE THE BENEFIT OF THIS CLAUSE.
APPLICABLE LAW MAY NOT ALLOW THE LIMITATION OF CERTAIN WARRANTIES, SO ALL OR PART OF THIS DISCLAIMER OF WARRANTIES MAY NOT APPLY TO YOU.
LIMITATION OF LIABILITY
YOGA LAB MAMMOTH AND THE THIRD PARTY PROVIDERS SHALL NOT BE LIABLE FOR ANY DAMAGES SUFFERED AS A RESULT OF USING, MODIFYING, CONTRIBUTING, COPYING, DISTRIBUTING OR ACCESSING THE SITE OR THE MATERIALS, AS WELL AS FOR ANY DAMAGES SUFFERED AS A RESULT OF THE INABILITY TO USE THE SITE OR THE MATERIALS. IN NO EVENT SHALL YOGA LAB MAMMOTH OR THIRD PARTY PROVIDERS BE LIABLE FOR ANY INDIRECT, PUNITIVE, SPECIAL, INCIDENTAL, OR CONSEQUENTIAL DAMAGES, HOWEVER ARISING, WHETHER IN AN ACTION OF CONTRACT, NEGLIGENCE OR OTHER TORTIOUS ACTION, ARISING OUT OF OR IN CONNECTION WITH THE USE OF THE SITE OR THE MATERIALS MADE AVAILABLE FROM THE SITE, EVEN IF YOGA LAB MAMMOTH HAS BEEN PREVIOUSLY ADVISED OF THE POSSIBILITY OF SUCH DAMAGE. YOU ACKNOWLEDGE AND AGREE THAT YOGA LAB MAMMOTH SHALL NOT BE LIABLE FOR THE DEFAMATORY, OFFENSIVE, OR ILLEGAL CONDUCT OF ANY THIRD PARTY AND THAT THE RISK OF HARM OR DAMAGE FROM THE FOREGOING RESTS ENTIRELY WITH YOU. AS A USER OF THE SITE, YOUR SOLE REMEDY FOR DISSATISFACTION WITH THE SITE AND/OR THE MATERIALS IS TO STOP USING THE SITE. THE FOREGOING LIMITATION OF LIABILITY SHALL APPLY TO THE FULLEST EXTENT PERMITTED IN THE APPLICABLE JURISDICTION.
INDEMNITY
You agree to indemnify and hold Yoga Lab Mammoth, its subsidiaries, and affiliates, and their respective officers, agents, partners and employees, harmless from any loss, liability, claim, or demand, including reasonable attorneys’ fees, made by any third party due to or arising out of your use of this Site in violation of these Terms of Use and/or arising from a breach of these Terms of Use and/or any breach of your representations and warranties set forth above and/or if any material that you post using this Site causes us to be liable to another. We reserve the right to defend any such claim, and you agree to provide us with such reasonable cooperation and information as we may request.
THIRD PARTY WEBSITES
This Site may provide links to other websites operated by third parties. Because we have no control over third-party websites, we are not responsible for the availability of those websites and do not endorse and are not responsible or liable for any content, advertising, services, products, or other materials on or available from such websites. Yoga Lab Mammoth shall not be responsible or liable, directly or indirectly, for any damage or loss caused or alleged to be caused by or in connection with the use of or reliance on any content, advertising, services, products, or other materials on or available from such websites. These Terms of Use do not apply to your use of third-party websites; your use of such websites is subject to the terms and policies of the owner of such websites.
MODIFICATIONS
We reserve the right at any time and from time-to-time to modify, edit, delete, suspend or discontinue, temporarily or permanently this Site (or any portion thereof) and/or the information, materials, products and/or services available through this Site (or any part thereof) with or without notice. You agree that we shall not be liable to you or to any third party for any such modification, editing, deletion, suspension or discontinuance of this Site.
GENERAL TERMS
The Site may include inaccuracies or typographical errors. The section headings are inserted for convenience of reference only and are not intended to be a part of or to affect the meaning or interpretation of this Agreement. As used in this Agreement, the word “including” means “including but not limited to.” No joint venture, partnership, employment or agency relationship exists between you and Yoga Lab Mammoth as result of this Agreement or through the use of the Site. No alteration, amendment, or modification of any of the provisions of this Agreement shall be binding unless made in writing with express reference to this Agreement, and signed by a duly authorized representative of each party. The failure of Yoga Lab Mammoth to enforce any right or provision of this Agreement shall not constitute a waiver of such right or provision unless acknowledged and agreed to by Yoga Lab Mammoth in writing. If any of the provisions of this Agreement is held by a court of competent jurisdiction to be unenforceable, such provision shall be changed and interpreted to accomplish the objectives of such provision to the greatest extent possible under applicable law and remaining provisions will remain in full force and effect. Yoga Lab Mammoth shall not be liable for any failure to fulfill its obligations hereunder due to causes beyond its reasonable control, including acts or omissions of government or military authority, acts of God, shortages of materials, transportation delays, earthquakes, fires, floods, labor disturbances, riots, or war. This Agreement will be governed by California law and controlling U.S. federal law, without regard to the choice or conflicts of law provisions of any jurisdiction. You agree that the Site shall be deemed solely based in California, and the Site shall be deemed a passive web site that does not give rise to personal jurisdiction over Yoga Lab Mammoth in jurisdictions other than California. Any and all disputes, actions, claims, or causes of action related to or in connection with this Agreement or the Site shall be brought in the federal and state courts located in Mammoth Lakes/Mono County, California. This Agreement represents the entire understanding relating to the use of the Site and prevails over any prior or contemporaneous, conflicting or additional communications, including statements on the Site. Yoga Lab Mammoth has the right to assign or transfer this Agreement to a third party, which acquires substantially all of the assets or equity of Yoga Lab Mammoth connected with the Site. You may not assign or otherwise transfer in whole or in part or in any manner any rights, obligations, or any interest in or under this Agreement without Yoga Lab Mammoth’ prior written consent and any attempted assignment will be void. A merger or other acquisition by a third party will be treated as an assignment. YOU AND YOGA LAB MAMMOTH AGREE THAT ANY CAUSE OF ACTION ARISING OUT OF OR RELATED TO THE SITE MUST COMMENCE WITHIN ONE YEAR AFTER THE CAUSE OF ACTION ACCRUES, IT BEING THE EXPRESS INTENT OF THE PARTIES TO LIMIT THE TIME PERIOD DURING WHICH A PARTY MAY BRING A CLAIM. OTHERWISE, SUCH CAUSE OF ACTION IS PERMANENTLY BARRED.
INTELLECTUAL PROPERTY NOTICES
You hereby acknowledge the following proprietary notices and legends: Elements of the Site are protected by copyright and other intellectual and industrial property laws and may not be copied or imitated in whole or in part except as provided in this Agreement. No logo, graphic, sound or image from the Site may be copied or retransmitted unless expressly permitted by Yoga Lab Mammoth.
QUESTIONS
If you have any questions about this site or these Terms of Use, please contact us using the following information:
Yoga Lab Mammoth
P.O. Box 100 PMB 126
Mammoth Lakes, CA 93546
or via telephone at 760.709.1617