YogaTrail Terms of Service, Conditions and Notices

Welcome to the yogatrail.com website (“the Website”). The terms “we”, “us”, “our”, “YogaTrail”, ”the Site”, and ”this Website” refer to YogaTrail Inc. The term “you” refers to the User visiting the Website and/or contributing content on this Website, and any YogaTrail applications (including mobile applications).

This Website is offered to you conditioned upon your acceptance without modification of any/all the terms, conditions, and notices set forth below (collectively, the “Agreement”). This Agreement governs any use by you of the Website and all of the products, software, services, and websites (collectively, the “Services”) offered by YogaTrail. By accessing or using this Website in any manner, you agree to be bound by the Agreement. Please read the Agreement carefully. If you do not accept all of these terms, conditions, and notices, please do not use this Website. Be sure to return to this page periodically to review the most current version of the Agreement. We reserve the right at any time, at our sole discretion, to change or otherwise modify the Agreement without prior notice, and your continued access or use of this Website signifies your acceptance of the updated or modified Agreement. Your activities on the Website or use of the Services may also be governed by additional guidelines, rules or agreements, all of which are incorporated by reference herein.

Description of Services

This Website is provided solely to assist Users in gathering information related to yoga, posting reviews and opinions on yoga venues and providers, and receiving information and updates from selected yoga venues, providers, and Users of the Website and for no other purposes.

The Services include access to a rich collection of resources, including various communications tools, search services, and personalized content which may be accessed through any various medium or device now known or hereafter developed.

Unless explicitly stated otherwise, any new features that augment or enhance the current Services shall be subject to the Agreement. You understand and agree that the Service is provided “AS-IS” and that YogaTrail assumes no responsibility for the timeliness, deletion, misdelivery or failure to store any User communications or personalization settings. You are responsible for obtaining access to the Services, and that access may involve third-party fees (such as Internet service provider or airtime charges). In addition, you must provide and are responsible for all equipment necessary to access the Services.

YogaTrail is not responsible for injuries incurred in the course of using the Website or products or services offered by third parties; you alone are responsible for determining your physical limits and the wisdom of undertaking any course of action recommended or taught on the Website or in products or services offered herein. YogaTrail offers no warranties or guarantees regarding improvement of physical conditioning or health as a result of using the Website or products or services offered herein. Always consult a physician before using any wellness or exercise program.

Use of the Website, Eligibility, Registration

You agree that your activities on the Website and any use of the Services shall be in accordance with (i) the Agreement (ii) our Community Guidelines and (iii) any applicable law, regulation or generally accepted practices or guidelines. Use of the Services is limited to parties that lawfully can enter into and form contracts under applicable law.

As a condition of your use of the Website, you warrant that (i) all information supplied by you on this Website is true, accurate, current and complete, (ii) if you have a yogatrail.com account, you will safeguard your account information and will supervise and be completely responsible for any use of your account by anyone other than you and (iii) you are 13 years of age or older in order to register for an account and contribute to our Website. YogaTrail does not knowingly collect the information of anyone under the age of 13.

You are solely responsible for maintaining the confidentiality of any password associated with any account you use to access the Website and for any and all activities that occur under your account. If you become aware of any unauthorized use of your account, or of any other breach of security you must notify YogaTrail immediately by contacting us here. You understand that through your use of the Services you consent to YogaTrail’s collection and use of your registration data and certain other information about you, all as set forth in our Privacy Policy, and updated from time to time.

You agree that you will not engage in any activity that, in YogaTrail’s sole judgment, interferes with or disrupts the Services, the servers and networks that are connected to the Services, or the activities of others on the Website or the enjoyment of others on the Website. Your failure to comply with this requirement may result in immediate suspension of your right to access one or more of the Services. You acknowledge and agree that in the event of such suspension, you may be prevented from accessing the Services, your account details or any files or other Content (as defined below) contained in your account.

In order to use some of the Services, you may need to register by providing your real name, address, phone number, e-mail address, and/or other relevant information, as appropriate. By registering, you represent that you have all requisite right, power and authority to bind yourself to any applicable agreement(s) and to perform your obligations thereunder. If you are acting on behalf of a company, you represent that you are authorized to bind your company. You agree to provide accurate and complete information, and to update such information as necessary to keep it up-to-date and accurate.

We retain the right at our sole discretion to review all registration applications and deny access to anyone to this Website and the Services, at any time and for any reason, including, but not limited to, for violation of this Agreement. You may not transfer or assign your registration to any other party.

Fees

Certain of the Services may require the payment of fees to YogaTrail or other Users. Any such fees, and acceptable methods of payment, will be detailed in the relevant agreement, rules or guidelines governing such Service(s).

Advertizing and Other Communications

YogaTrail may also display advertising in connection with any of the Services, at its sole discretion, and/or in emails to its registered Users. You may not opt out of or in any way block such advertisements or any service announcements, administrative messages, or other communications from YogaTrail, the receipt of which are a condition of your use of the Services.

Content, Submissions, and Use of Interactive Areas

YogaTrail is not responsible for information, data, text, music, sound, photographs, graphics, video, code, messages, logos, tags, or any other material (collectively referred to herein as “Content”) posted, stored or uploaded by Users of the Website, or offered by you through a Service. YogaTrail makes no representations with respect to the accuracy, integrity, or quality of any such Content, and shall not in any way be liable for, without limitation, for any errors or omissions in any Content, any loss or damage of any kind incurred as a result of the use of any Content posted, emailed, transmitted or otherwise made available via the Services.

The Website may contain bulletin boards, review services or other forums in which you or third parties may post reviews of yoga experiences or other content, messages, materials or other items on the Website (“Interactive Areas”). You are solely responsible for your use of such Interactive Areas and you understand that by using the Services you may be exposed to Content that you may find offensive, indecent or objectionable and that, in this respect, you use the Services at your own risk.

YogaTrail is not liable for any statements, representations, mistakes, defamation, slander, libel, omissions, falsehoods, obscenity, pornography, profanity or other Content provided by its Users in any public forum, listing, profile page or other Interactive Area. Although YogaTrail has no obligation to screen, edit or monitor any of the Content posted to or distributed through any Interactive Area, YogaTrail reserves the right, and has absolute discretion, to remove, screen or edit without notice any Content posted or stored on the Website at any time and for any reason, and you are solely responsible for creating backup copies of and replacing any Content you post or store on the Website at your sole cost and expense.

We appreciate hearing from you. Please be aware that by submitting content to this Website by electronic mail, postings on this Website or otherwise, including any reviews, articles, posts, questions, comments, suggestions, ideas or the like contained in any submissions (collectively, “Submissions”), you represent that you have the right to post or transmit such Content, and you grant YogaTrail a nonexclusive, royalty-free, perpetual, transferable, irrevocable and fully sublicensable right to (a) use, reproduce, modify, adapt, translate, distribute, publish, create derivative works from and publicly display and perform such Submissions throughout the world in any media, now known or later developed; and (b) use the name that you submit in connection with such Submission. You acknowledge that YogaTrail may choose to provide attribution of your comments or reviews at our discretion. You further grant YogaTrail the right to pursue at law any person or entity that violates your or YogaTrail’s rights in the Submissions by a breach of this Agreement. You acknowledge and agree that Submissions are non-confidential and non-proprietary.

If it is determined that you retain moral rights (including rights of attribution or integrity) in the Content, you hereby declare that (a) you do not require that any personally identifying information be used in connection with the Content, or any derivative works of or upgrades or updates thereto; (b) you have no objection to the publication, use, modification, deletion and exploitation of the Content by YogaTrail or its licensees, successors and assigns; (c) you forever waive and agree not to claim or assert any entitlement to any and all moral rights of an author in any of the Content; and (d) you forever release YogaTrail, and its licensees, successors and assigns, from any claims that you could otherwise assert against YogaTrail by virtue of any such moral rights. You are solely responsible for protecting and enforcing any intellectual property and other rights in your Content; YogaTrail shall have no obligation to do so on your behalf.

Content presented to you as part of the Services, including but not limited to advertisements in the Services and sponsored Content within the Services may be protected by intellectual property rights which are owned by the sponsors or advertisers who provide that Content through the Services (or by other persons or companies on their behalf).

You may not modify, copy, display, rent, lease, loan, sell, transmit, reproduce, publish, license, transfer, sell or re-sell, distribute or create derivative works from, Content obtained from or through this Website (including, but not limited to, the infrastructure used to provide such content and information, which is proprietary to YogaTrail, as well as information, software, products, or services, messages, data, text, music, sound, photos, graphics, video, maps, icons, software, code or other material) that you do not own unless you have been explicitly granted a license to do so by the owner of that Content, in a separate agreement.

Any use of the Interactive Areas or other portions of the Website in violation of the foregoing violates these Terms and may result in, among other things, termination or suspension of your rights to use the Interactive Areas and/or the Website.

Bookings on YogaTrail

YogaTrail allows Clients to pay and Yoga Professionals to accept payments for services (‘booking services’), including card-based payments initiated with cards bearing the trademarks of MasterCard International Inc. and Visa Inc., through a third-party payment processing service, Stripe (‘Stripe’ or ‘the PPS’).

Third-Party Payment Processing Services and Facilitation of Payments

All Charges are facilitated through a third-party payment processing service, Stripe. Stripe facilitates the processing of payments that Yoga Professionals receive from Clients. YogaTrail may replace its third-party payment processing services without notice to you. Charges shall only be made through the YogaTrail Platform. Cash payments are strictly prohibited.

Both Yoga Professionals and Clients will be required to provide their credit card or bank account details to the PPS. As a condition of YogaTrail enabling payment processing services through the PPS, you agree to provide YogaTrail accurate and complete information about you and/or your business, and you authorize YogaTrail to share it and transaction information related to your use of the PPS services.

By accepting the PPS Agreement, Yoga Professionals and Clients agree that they have reviewed and agreed to the PPS Agreement. Please note that YogaTrail is not a party to the PPS Agreement and that you, the PPS and any other parties listed in the PPS Agreement are the parties to the PPS Agreement and that YogaTrail has no obligations or liability under the PPS Agreement.

Yoga Professionals: you will be required to register with the PPS, agree to a Stripe Account Agreement and the Stripe Terms of Service and go through a vetting process at the request of the PPS to set up your account with Stripe. The PPS Account Agreement and Terms of Service (‘the PPS Agreement’) are available here: https://stripe.com/connect/account-terms, which may be modified by the PPS.

Clients: you authorize the PPS to process payments in accordance with the services booked, using the payment information supplied, and agree the to PPS Terms of Service.

Within 24 hours after you receive confirmation through YogaTrail that a booking has been processed, you agree to authorize the PPS to process your payments, and the fees owed to YogaTrail for the use of the service. You will be charged a cancellation fee if you book a service, but cancel it before it is completed.

Unauthorized or Illegal Use

YogaTrail may in our sole discretion decide not to authorize or settle any transaction submitted to us if we believe that the transaction is in violation of these Terms of Service or any other YogaTrail agreement, or that it exposes Yoga Professionals, other Users, the PPS or YogaTrail to harm. Harm includes fraud and other criminal acts as determined by YogaTrail in our sole discretion. If we reasonably suspect that your Account has been used for an unauthorized, illegal, or criminal purpose, you give us express authorization to share information about you, your Account, and any of your transactions with law enforcement.

YogaTrail Booking Fees

Where applicable, the Professional agrees to pay to YogaTrail the applicable fees (‘Fees’) listed below when receiving a booking on YogaTrail. YogaTrail reserve the right to change our Fees at any time upon notice. You must agree to the change in Fees to continue to use the Services. To withdraw your consent, you will need to close your Account. All balances and all Fees, charges, and payments collected or paid through the Services are denominated in the currency set by the Yoga Professional offering the services. All fees collected by YogaTrail are non-negotiable and non-refundable.

YogaTrail Platform Fees are as follows:

Fees

In addition to the Platform fees specified above, all transactions are subject to payment processing fee charged (3% or less, depending on your country).

For events and private services, YogaTrail charges a platform fee for first time booking with a new client. After the first booking the New Client is added to a Professional's Student list and subsequent bookings with the same client will not be subject to the New Client Fee.

Existing Students (or Clients) are determined by the emails added by Yoga Professional to their Students list, and strictly based on the email address on file for the Student (or Client).

Clients:

If you cancel or don't show up for an appointment, your credit card will be charged. Reimbursement for cancellations or no-shows is in accordance with the cancellation policy of the Professional, and entirely at the Professional's discretion. Questions should be addressed directly to the Professional, and YogaTrail is not responsible for mediating disagreements.
YogaTrail has no obligation to provide refunds or credits, but may grant them in extenuating circumstances, as a result of specific refund guarantee promotions, or to correct any errors made by YogaTrail, in each case at YogaTrail’s sole discretion.

Should the Yoga Professional agree to a reimbursement after a cancellation or no-show, the maximum amount the Client can expect to receive is the total cost of the booking minus the non-refundable fees outlined above.

Customer Care

Yoga Professionals, as a separate entity from YogaTrail, are solely responsible for all customer service issues relating to such Professional's goods or services, including without limitation, any Services, pricing, order fulfillment, order or appointment cancellation, returns, refunds and adjustments, rebates, functionality and warranty, and feedback concerning experiences with such Professional, any personnel, their policies or processes. As between Clients and YogaTrail, YogaTrail is solely responsible for customer service issues relating to any account, payment, card processing, debiting or crediting for services provided directly by YogaTrail.

While YogaTrail takes what it believes to be reasonable efforts to ensure secure transmission of your information to third parties who assess and process payments, YogaTrail is not responsible for any fees or charges assessed by third parties or any errors in the processing of payments by third parties, including any errors that result from third-party negligence, improper transmission of payment information, your mistaken submission of payment information, or your submission of erroneous payment information.

Although the Services are intended to provide a Yoga Professional's availability in real-time, it is possible that a scheduling conflict may occur that requires the Yoga Professional to reschedule your reservation. Creation of a reservation using the Services is not a guarantee that the Yoga Professional will honor the reservation as scheduled. YogaTrail cannot guarantee availability of the Services to any User.

YogaTrail does not independently confirm that Yoga Professionals are licensed to perform the Services offered by them on the YogaTrail website. However, when Yoga Professionals create accounts with YogaTrail, Yoga Professionals certify to YogaTrail that they are legally able to provide the Services they offer to Clients on the YogaTrail Website, and that their business information is correctly represented on YogaTrail. YogaTrail reserves the right to remove or hide any incorrect, out of date, or illegal information from profiles, as well as remove or hide the entire profile itself at any time.

YogaTrail does not have control over the quality, suitability, reliability, timing, durability, safety, legality, ability to provide, or any other aspect whatsoever of any services offered by Yoga Professionals, nor over the integrity, responsibility or any of the actions or omissions whatsoever of any Yoga Professional.

Similarly, YogaTrail does not have control over the suitability of the Client to utilize the services of the Yoga Professional that have been booked, nor over the behavior, character, or any of the actions or omissions whatsoever of any Client.

YogaTrail makes no representations or warranties whatsoever with respect to services offered or provided by Yoga Professionals or requested by Clients through use of the Platform, whether in public, private, or offline interactions, or about the accreditation, registration or licensing of any Yoga Professional. You understand that YogaTrail does not routinely screen its members, inquire into the background of its members or attempt to verify information provided by any member. YogaTrail does not verify or confirm that any member is who they claim to be or is accurately representing themselves and does not verify or confirm any representations with respect to services offered on the Platform. YogaTrail does not assume any responsibility for the accuracy or reliability of any information provided through the advertised Services. Each Client and Yoga Professional must decide whether a Professional is suited to such Client's needs, or whether a Client is appropriate for such Professional’s services, and each should exercise caution and common sense to protect their personal safety and property, just as they would when interacting with anyone they don't know. NEITHER YOGATRAIL NOR ITS AFFILIATES OR LICENSORS IS RESPONSIBLE FOR THE CONDUCT, WHETHER ONLINE OR OFFLINE, OF ANY USER OF THE YOGATRAIL WEBSITE AND YOU HEREBY RELEASE YOGATRAIL AND ITS AFFILIATES OR LICENSORS FROM ANY LIABILITY RELATED THERETO. YOGATRAIL AND ITS AFFILIATES AND LICENSORS WILL NOT BE LIABLE FOR ANY CLAIM, INJURY OR DAMAGE ARISING IN CONNECTION WITH YOUR USE OF THE SERVICES.

Yoga Poses

Yoga Poses is powered and administered by YogaTrail and as such is governed by these Terms and by YogaTrail’s Privacy Policy. In order to upload a photo, vote or otherwise interact with Yoga Poses, The YogaTrail Pose Guide and any associated picture contest, you must be a registered member of the YogaTrail website.

Rights to Images

By entering an image to Yoga Poses, you agree to have your name and photo displayed on the YogaTrail website, YogaTrail apps, and to be used by YogaTrail without additional authorization, and for any purpose, including but not restricted to social media, in print, for marketing purposes, at any time, without expectation of any form of compensation. You agree to refrain from uploading any picture to which you do not own the rights. YogaTrail reserves the right to remove remove that it deems to be offensive or otherwise inappropriate, without notice.

Usage: YogaTrail grants the right to third party sites to freely download and use any Yoga Poses images, provided all images used each link to: http://www.yogatrail.com/yoga-poses

Prohibited Activities

Without limiting any other provision of this Agreement, by using the Website, you expressly agree that you will not:

(i) upload, post, email, transmit, distribute, store, create, publish or otherwise make available any Content and/or Submissions that is unlawful, harmful, threatening, abusive, harassing, tortious, defamatory, pornographic, indecent, lewd, vulgar, obscene, libelous, threatening, invasive of another’s privacy or public rights, inflammatory, fraudulent, hateful, or racially, ethnically or otherwise objectionable;

(ii) harm minors in any way;

(iii) upload, post, email, transmit, distribute, store, create, publish or otherwise make available any Content and/or Submissions that would, intentionally or unintentionally, constitute, encourage or provide instructions for a criminal offense, violate the rights of any party, or that would otherwise create liability or violate any local, state, national or international law, including any regulations having the force of law;

(iv) impersonate any person or entity, including, but not limited to, a YogaTrail official, or falsely state or otherwise misrepresent your affiliation with a person or entity;

(v) forge headers or otherwise manipulate identifiers in order to disguise the origin of any Content and/or Submissions transmitted through a Service;

(vi) upload, post, email, transmit, distribute, store, create, publish or otherwise make available any Content and/or Submissions that you do not have a right to make available under any law or under contractual or fiduciary relationships;

(vii) upload, post, email, transmit, distribute, store, create, publish or otherwise make available any Content and/or Submissions that infringes any patent, trademark, trade secret, copyright or other proprietary rights of any party;

(viii) upload, post, email, transmit, distribute, store, create, publish or otherwise make available any unsolicited or unauthorized advertising, promotional materials, contests, raffles, political campaigning, “junk mail,” “spam,” “chain letters,” “pyramid schemes,” or any other form of solicitation;

(ix) upload, post, email, transmit, distribute, store, create, publish or otherwise make available any material that 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;

(x) act in a manner that negatively affects other Users’ enjoyment of the Services;

(xi) act in a manner that may expose YogaTrail or its Users to any harm or liability of any type;

(xii) interfere with or disrupt the Service(s) or servers or networks connected to the Service(s), or disobey any requirements, procedures, policies or regulations of networks connected to the Service(s);

(xiii) “stalk” or otherwise harass another;

(xiv) collect, store or publish private information and/or personal data of any third party (including, without limitation, username, name, surname, addresses, phone numbers, email addresses, Social Security numbers and credit card numbers) except as is explicitly provided for in any applicable agreement or guidelines governing one or more of the Services;

(xv) set up additional account(s) to be used for deceptive purposes (“Sock Puppet Accounts”);

(xvi) access, monitor or copy any content or information of this Website using any robot, spider, scraper or other automated means or any manual process for any purpose without our express written permission;

(xvii) violate the restrictions in any robot exclusion headers on this Website or bypass or circumvent other measures employed to prevent or limit access to this Website;

(xviii) take any action that imposes, or may impose, in our discretion, an unreasonable or disproportionately large load on our infrastructure;

(xix) deep-link to any portion of this Website for any purpose without our express written permission;

(xx) “frame”, “mirror” or otherwise incorporate any part of this Website into any other website without our prior written authorization;

(xxi) attempt to modify, translate, adapt, edit, decompile, disassemble, or reverse engineer any software programs used by YogaTrail in connection with the Website or the Services.

Privacy Policy

YogaTrail believes in protecting your privacy. Please click here to review our current Privacy Policy to understand our practices.

Dealings with Advertisers and/or Other Users

You may be exposed to advertising on this Website or through a Service or related communication from YogaTrail. YogaTrail may also provide one or more Services through which users can transact with one another. Other than as explicitly set forth in a particular agreement or governing guideline, your correspondence or business dealings with, or participation in promotions of, advertisers or other Users found on or through a Service, including payment and delivery of related goods or services, and any other terms, conditions, warranties or representations associated with such dealings, are solely between you and such other party. You agree that YogaTrail shall not be responsible or liable for any loss or damage of any sort incurred as the result of any such dealings or as the result of the presence of such advertisers or other users on the Site or Service(s).

BECAUSE YOGATRAIL IS NOT INVOLVED IN TRANSACTIONS BETWEEN YOU AND ANY ADVERTISER OR OTHER USER, IF A DISPUTE ARISES BETWEEN YOU AND AN ADVERTISER OR OTHER USER, EACH OF YOU RELEASE YOGATRAIL (AND ITS AGENTS 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.

YogaTrail urges you and all Users to cooperate with each other and to resolve any such disputes.

Liability Disclaimer

THE INFORMATION, SOFTWARE, PRODUCTS, AND SERVICES PUBLISHED ON THIS WEBSITE MAY INCLUDE INACCURACIES OR ERRORS. YOGATRAIL DOES NOT GUARANTEE THE ACCURACY OF, AND DISCLAIM ALL LIABILITY FOR ANY ERRORS OR OTHER INACCURACIES RELATING TO THE INFORMATION AND DESCRIPTION OF THE LISTINGS, AND ANY OTHER PRODUCTS OR SERVICES DISPLAYED ON THIS WEBSITE (INCLUDING, WITHOUT LIMITATION, THE PRICING, SCHEDULES, LOCATIONS, PHOTOGRAPHS, LIST OF AMENITIES, GENERAL DESCRIPTIONS, ETC.).

ANY REVIEWS, CONTENT, OR SUBMISSIONS POSTED ON YOGATRAIL ARE THE SUBJECTIVE OPINIONS OF YOGATRAIL USERS AND NOT OF YOGATRAIL.

YOGATRAIL MAKES NO REPRESENTATIONS ABOUT THE SUITABILITY OF THE INFORMATION, SOFTWARE, PRODUCTS, AND SERVICES CONTAINED ON THIS WEBSITE FOR ANY PURPOSE, AND THE INCLUSION OR OFFERING OF ANY PRODUCTS OR SERVICES ON THIS WEBSITE DOES NOT CONSTITUTE ANY ENDORSEMENT OR RECOMMENDATION OF SUCH PRODUCTS OR SERVICES BY YOGATRAIL. ALL SUCH INFORMATION, SOFTWARE, PRODUCTS, AND SERVICES ARE PROVIDED "AS IS" WITHOUT WARRANTY OF ANY KIND. YOGATRAIL DISCLAIMS ALL WARRANTIES AND CONDITIONS THAT THIS WEBSITE, ITS SERVERS OR ANY EMAIL SENT FROM YOGATRAIL, ARE FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS. YOGATRAIL HEREBY DISCLAIMS ALL WARRANTIES AND CONDITIONS WITH REGARD TO THIS INFORMATION, SOFTWARE, PRODUCTS, AND SERVICES, INCLUDING ALL IMPLIED WARRANTIES AND CONDITIONS OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE, AND NONINFRINGEMENT. NO ADVICE OR INFORMATION, WHETHER ORAL OR WRITTEN, OBTAINED BY YOU FROM YOGATRAIL OR THROUGH OR FROM THE SERVICES SHALL CREATE ANY WARRANTY NOT EXPRESSLY STATED IN THIS AGREEMENT.

BY LISTING INFORMATION, SERVICES AND PRODUCTS RELEVANT TO WELLNESS AND EXERCISE PROGRAMS, YOGATRAIL DOES NOT REPRESENT OR WARRANT THAT SUCH PROGRAMS ARE ADVISABLE OR WITHOUT RISK, AND IS NOT LIABLE FOR INJURIES, DAMAGES OR LOSSES THAT MAY RESULT FROM UNDERTAKING ANY WELLNESS AND/OR EXERCISE ACTIVITY TAUGHT OR RECOMMENDED ON THE SITE WHETHER THROUGH LISTINGS OR PRODUCTS OR SERVICES OFFERED BY THIRD PARTIES.

IN NO EVENT SHALL YOGATRAIL (ITS OFFICERS, DIRECTORS AND AFFILIATES) BE LIABLE FOR ANY DIRECT, INDIRECT, PUNITIVE, INCIDENTAL, SPECIAL, OR CONSEQUENTIAL DAMAGES ARISING OUT OF, OR IN ANY WAY CONNECTED WITH, YOUR ACCESS TO, DISPLAY OF OR USE OF THIS WEBSITE OR WITH THE DELAY OR INABILITY TO ACCESS, DISPLAY OR USE THIS WEBSITE (INCLUDING, BUT NOT LIMITED TO, YOUR RELIANCE UPON OPINIONS APPEARING ON THIS WEBSITE; ANY COMPUTER VIRUSES, INFORMATION, SOFTWARE, LINKED SITES, PRODUCTS, AND SERVICES OBTAINED THROUGH THIS WEBSITE; OR OTHERWISE ARISING OUT OF THE ACCESS TO, DISPLAY OF OR USE OF THIS WEBSITE) WHETHER BASED ON A THEORY OF NEGLIGENCE, CONTRACT, TORT, STRICT LIABILITY, OR OTHERWISE, AND EVEN IF YOGATRAIL HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.

The limitation of liability reflects the allocation of risk between the parties. The limitations specified in this section will survive and apply even if any limited remedy specified in these terms is found to have failed of its essential purpose. The limitations of liability provided in these terms inure to the benefit of YogaTrail.

Indemnification

You agree to defend, indemnify and hold YogaTrail and its subsidiaries, affiliates, officers, directors, agents, employees, partners and licensors harmless from any claim, causes of action, or demand, recoveries, losses, damages, fines, penalties or other costs or expenses of any kind or nature including but not limited to reasonable legal fees and accounting fees, brought by any third party due to or arising out of:

(i) your breach of this Agreement or the documents referenced herein;

(ii) your violation of any law or the rights of another user or third party;

(iii) Content and Submissions you submit, post, transmit or otherwise make available through the Service(s);

(iv) your use of any Service(s), your connection to the Service(s).

Links to Third-Party Sites

This Website may contain hyperlinks to websites operated by parties other than YogaTrail. Such hyperlinks are provided for your reference only. Our inclusion of hyperlinks to such websites does not imply any endorsement of the material on such websites or any association with their operators. Because we have no control over such sites and resources, you acknowledge and agree that YogaTrail is not responsible or liable for any content, advertising, products, or other materials on or available from such websites or resources, or for the privacy or other practices, or the availability of such external websites or resources.

It is up to you to take precautions to ensure that whatever links you select or software you download (whether from this Website or other websites) is free of such items as viruses, worms, trojan horses, defects and other items of a destructive nature.

In some cases you may be asked by a third party site to link your listing or profile on YogaTrail to another third party site. Choosing to do so is purely optional, and the decision to allow this information to be linked can be disabled by you (with the third party site) at any time.

You further acknowledge and agree that YogaTrail 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 use of or reliance on any such content, goods or services available on or through any such website or resource.

Use and Storage of Information

You acknowledge that YogaTrail may establish general practices and limits concerning use of the Website and/or any Services, including without limitation, the maximum number of days that messages are stored, message board postings, patterns or other uploaded Content and/or Submissions will be retained by a Service, the maximum number of messages that may be sent from or received by an account on a Service, the maximum size of any message or board posting that may be sent from or received by an account, the maximum disk space that will be allotted on YogaTrail’s servers on your behalf, and the maximum number of times (and the maximum duration for which) you may access a Service given in a given period of time. You agree that YogaTrail has no responsibility or liability for the deletion or failure to store any messages and other communications, including but not limited to posts, Submissions, or any other Content maintained or transmitted by a Service.

You acknowledge that YogaTrail reserves the right to log off accounts that are inactive for an extended period of time. There is currently not a limit on the amount of accounts per person with the exception of Sock Puppets (accounts set up by a user to deceive the public as to the account holder’s identity or accounts set up to deceive the public as to the true identity of the user). Attempting to create Sock Puppet accounts may jeopardize your ability to access the Services, and your original account may be banned and/or closed. All accounts may be reviewed and approved by YogaTrail. You further acknowledge that YogaTrail reserves the right to modify these general practices and limits in its sole discretion.

You acknowledge and agree that YogaTrail may access, preserve, and/or disclose any information it considers necessary or appropriate, including, without limitation, user profile information (i.e. name, email address, etc.), IP addressing and traffic information, usage history, and posted Content and/or Submissions, if required to do so by law, or in a good faith belief that such access, preservation, or disclosure is reasonably necessary to (i) comply with legal process, (ii) enforce this Agreement, (iii) respond to claims that any Content and/or Submission violates the rights of third parties, (iv) respond to your requests for customer services, (v) protect the rights, property, or personal safely of YogaTrail, its Users, and/or the public, or (vi) ensure the integrity and operation of YogaTrail's business and systems. YogaTrail's right to disclose any such information shall take precedence over any terms of YogaTrail's Privacy Policy.

Termination of Your Account

By YogaTrail: You agree that YogaTrail may, under certain circumstances, and without prior notice, immediately terminate your account, any associated account(s), and access to any Service(s) indefinitely or for a set period of time. A termination of an account, whether temporary or permanent, may include limitations to accessing any Service(s), but your profile, including your posts, will not be deleted unless you instruct YogaTrail to remove your profile. Cause for such termination shall include, but not be limited to, (i) breaches or violations of this Agreement or other incorporated agreements or guidelines, (ii) requests by law enforcement or other government agencies, (iii) a request by you (self-initiated account deletions), (iv) discontinuance or material modification to the Service (or any part thereof), (v) unexpected technical or security issues or problems, (vi) extended periods of inactivity, (vii) engagement by you in fraudulent or illegal activities, and/or (viii) nonpayment of any fees owed by you in connection with the Service(s). Further, you agree that any termination by YogaTrail shall be at YogaTrail’s sole discretion and that YogTrail shall not be liable to you or any third party for any termination of your account, any associated Content, Submissions, or access to the Service(s).

By You: You can request termination of your YogaTrail account at any time by contacting us here.

No Right of Survivorship and Non-Transferability: You agree that your account is non-transferable and any rights to your ID, Content or Submissions within your account terminate upon your death.

Software Available on this Website

Unless otherwise specified, the materials on this Website are presented solely to provide information regarding and to promote YogaTrail’s services, websites, partners and other products. The YogaTrail websites are controlled and operated by YogaTrail from its offices in the city of Stuttgart, Germany. Users accessing the Website do so on their own initiative and are responsible for compliance with local laws, if and to the extent that local laws are applicable.

Any software that is made available to download from the YogaTrail websites (“Software”) is the copyrighted work of YogaTrail, or other third party software as identified. Your use of such Software is governed by the terms of the end user license agreement, if any, which accompanies, or is included with, the Software (“License Agreement”). You may not install or use any Software that is accompanied by or includes a License Agreement unless you first agree to the License Agreement terms. For any Software made available for download on this Website not accompanied by a License Agreement, we hereby grant to you, the user, a limited, personal, nontransferable license to use the Software for viewing and otherwise using this Website in accordance with these terms and conditions and for no other purpose.

Please note that all Software, including, without limitation, all HTML, XML, Java code, Drupal, and Active X controls contained on this Website, is owned by YogaTrail, and/or its affiliates, and is protected by copyright laws and international treaty provisions. Any reproduction or redistribution of the Software is expressly prohibited, and may result in severe civil and criminal penalties. Violators will be prosecuted to the maximum extent possible.

WITHOUT LIMITING THE FOREGOING, COPYING OR REPRODUCTION OF THE SOFTWARE TO ANY OTHER SERVER OR LOCATION FOR FURTHER REPRODUCTION OR REDISTRIBUTION IS EXPRESSLY PROHIBITED. THE SOFTWARE IS WARRANTED, IF AT ALL, ONLY ACCORDING TO THE TERMS OF THE LICENSE AGREEMENT.

Copyright and Trademark Notices

All contents of this Website are: ©2016 YogaTrail. All rights reserved. YogaTrail is not responsible for content on websites operated by parties other than YogaTrail. YogaTrail, the logo and all other product or Service(s) names or slogans displayed on the Website are registered and/or common law trademarks YogaTrail Inc., and/or its suppliers or licensors, and may not be copied, imitated or used, in whole or in part, without the prior written permission of YogaTrail or the applicable trademark holder. In addition, the look and feel of the Website, including all page headers, custom graphics, button icons and scripts, is the service mark, trademark and/or trade dress of YogaTrail and may not be copied, imitated or used, in whole or in part, without the prior written permission of YogaTrail. You agree that you shall not display or use these marks in any manner, and that you will not remove, obscure, or alter any proprietary rights notices (including copyright and trade mark notices) which may be affixed to or contained within the Services.

All other trademarks, registered trademarks, product names and company names or logos mentioned in the Website are the property of their respective owners. Reference to any products, services, processes or other information, by trade name, trademark, manufacturer, supplier or otherwise does not constitute or imply endorsement, sponsorship or recommendation thereof by YogaTrail.

Procedure for Notifying the Company of Copyright Infringement

Those who believe that their copyrighted work has been infringed or are aware of other infringing material, should contact our Copyright Agent at the address listed below and provide us with the following information:

a. An electronic or physical signature of a person authorized to act on behalf of the owner of the copyrighted work that has allegedly been infringed.

b. Identification of the copyrighted work claimed to have been infringed.

c. Information describing where the allegedly infringing material is located on YogaTrail.

d. Your address, telephone number, and email address.

e. A written statement by you that you have a good faith belief that the disputed use is not authorized by the copyright owner, its agent, or the law.

f. A statement by you that the above information in your notification is accurate and that, under penalty of perjury, you are the copyright owner or authorized to act on the copyright owner’s behalf.

The foregoing information may be emailed to copyright(at)yogatrail.com or mailed to our Copyright Agent at the following address:

Copyright Agent – Yogatrail Inc.
PO Box 192750 #63657, San Francisco, CA 94119

Following receipt of the information listed above, we will remove or disable access to the infringing material and take reasonable steps to notify the user responsible for posting said material. The posting of infringing copyrighted material may result in the termination of user privileges of such user.

General

This Website is operated by a US entity and this Agreement is governed by the laws of the state of California, USA. You hereby consent to the exclusive jurisdiction and venue of courts in California, and stipulate to the fairness and convenience of proceedings in such courts for all disputes arising out of or relating to the use of this Website. You agree that all claims you may have against YogaTrail arising from or relating to the Website must be heard and resolved in a court of competent subject matter jurisdiction located in California. In the event of any dispute between you and YogaTrail, you agree to take all reasonable steps to resolve the dispute quickly and efficiently first, through good faith negotiations, and then, through formal mediation or arbitration if requested by YogaTrail in its sole discretion. Use of this Website is unauthorized in any jurisdiction that does not give effect to all provisions of these terms and conditions, including, without limitation, this paragraph.

You agree that no joint venture, agency, partnership, or employment relationship exists between you and YogaTrail and/or Affiliates as a result of this Agreement or use of this Website.

Our performance of this Agreement is subject to existing laws and legal process, and nothing contained in this Agreement limits our right to comply with law enforcement or other governmental or legal requests or requirements relating to your use of this Website or information provided to or gathered by us with respect to such use. To the extent allowed by applicable law, you agree that you will bring any claim or cause of action arising from or relating to your access or use of this Website within one hundred and eighty (180) days from the date on which such claim or action arose or accrued or such claim or cause of action will be irrevocably waived.

The failure of YogaTrail to exercise or enforce any right or provision of this Agreement or any agreement shall not constitute a waiver of such right or provision. If any part of this Agreement is determined to be invalid or unenforceable pursuant to applicable law including, but not limited to, the warranty disclaimers and liability limitations set forth above, the parties nevertheless agree that the court should endeavor to give effect to the parties’ intentions as reflected in the provision. The invalid or unenforceable provision will be deemed superseded by a valid, enforceable provision that most closely matches the intent of the original provision and the remaining provisions in the Agreement shall continue in full force and effect.

This Agreement (and any other terms and conditions, guidelines, or policies referenced herein or applicable to particular Services) constitutes the entire agreement between you and YogaTrail and govern your use of this Website, the Services, Content and Submissions. This Agreement supersedes all prior or contemporaneous communications and proposals, whether electronic, oral, or written, between the User and YogaTrail with respect to this Website, the Services, Content and Submissions. A printed version of this Agreement and of any notice given in electronic form shall be admissible in judicial or administrative proceedings based upon or relating to this Agreement to the same extent and subject to the same conditions as other business documents and records originally generated and maintained in printed form.

Section headings are included in the Agreement for convenience only. They are not to be considered a part of this Agreement, and are not intended to be a full and accurate description of the contents hereof.

Fictitious names of companies, products, people, characters, and/or data mentioned on this Website are not intended to represent any real individual, company, product, or event.

YogaTrail does not guarantee continuous, uninterrupted or secure access to the Service(s) or the Website.

Any notice under this Agreement shall be submitted to YogaTrail here.

Any rights not expressly granted herein are reserved.

Service Help

For answers to your questions, you can contact us or you can write to us at:

YogaTrail Inc. - PO Box 192750 #63657 San Francisco, CA 94119

mail(at)yogatrail.com

©2016 YogaTrail. All rights reserved.

Additional Acknowledgments

You acknowledge and agree that the Services and any necessary software used in connection with the Services contain proprietary and confidential information that is protected by applicable intellectual property and other laws. You further acknowledge and agree that Content, or other information presented to you through the Services or by advertisers is protected by copyrights, trademarks, service marks, patents or other proprietary rights and laws. Except as expressly authorized by YogaTrail, you agree not to modify, rent, lease, loan, sell, distribute or create derivative works based on the Services, the software, or any Content, whether in whole or in part.

Unless you have agreed otherwise in writing with YogaTrail, nothing in these Terms gives you a right to use any of YogaTrail’s trade names, trade marks, service marks, logos, domain names, or other distinctive brand features.

You acknowledge that: (i) you are entering into this Agreement voluntarily and without any duress or undue influence; (ii) you have carefully read this Agreement and fully understand its terms, consequences, and binding effect; (iii) you have sought the advice of an attorney of your choice if so desired prior to entering into this Agreement; and (iv) you understand that by performing under this Agreement, you agree to be bound by its terms.


Professional Listing Terms and Conditions

Please read these Listings Terms and Conditions (“Agreement” or “Listings Terms and Conditions”) carefully before using the services offered by YogaTrail. (“YogaTrail”, “we”, “us”, “the Website”). This Agreement sets forth the legally binding terms and conditions for your use of YogaTrail's Professional Listings Service (the “Listings”). In addition to these Listings Terms and Conditions, your use of the Listings is also contingent upon your acceptance of YogaTrail’s Terms of Service, Privacy Policy, and Community Guidelines . These documents may be found on the Website, and may updated from time to time at YogaTrail’s sole discretion.

By registering for and/or using the Professional Listings Service in any manner, you agree to be bound by this Agreement. This Agreement applies to all Listings on the Website. All defined terms used herein shall be solely applicable to this Agreement.

Description of Service

Yoga Teachers, Yoga Studios, Yoga Teacher Training Programs, and Yoga Retreat Centers (collectively referred to as “Yoga Professionals”) are listed on the YogaTrail Website and assigned Professional Listings. YogaTrail’s Professional Listings allow yoga teachers, owners and authorized managers (“Managers”) of yoga studios, yoga teacher training programs, and yoga retreat centers to claim an existing Listing, and thereupon to edit and correct the information of said Listing in YogaTrail’s database, or, if their business is not yet part of the YogaTrail database, to create a new Listing. A claimed or created Listing is associated with a Profile Page that contains information about the Yoga Professional (generated by the YogaTrail Professional Listings Manager), as well as Reviews and Ratings (generated by Users of the YogaTrail Website). As part of the features available through the Service, YogaTrail Professional Listings Managers can post messages to Users of the Website who have opted to receive such messages by “following” the Listing, post information about Events associated with the Listing, and have their Listing included on specific pages of the Website.

YogaTrail additionally offers optional Professional Listing Premium Services, and Individual Event Promotions that enable specific subscribed Listings, or Promoted Events, to receive highlighted placement (on a rotation basis) on specific pages of the website, in YogaTrail newsletters, and on the YogaTrail Mobile Application.

The management of Listings is offered subject to acceptance without modification of all of the terms and conditions contained herein, which terms include all terms of use and other operating rules, policies and procedures that apply to the general use of the YogaTrail Website. YogaTrail reserves the right to modify or terminate the Website and any of its Services for any reason, without notice, at any time. YogaTrail reserves the right to alter these Listings Terms and Conditions or any other Website policies at any time and notify you of material changes by posting notices through the Website. What constitutes a “material change” will be determined at YogaTrail's sole discretion, in good faith, and using common sense and reasonable judgment.

YogaTrail makes no guarantees as to the effects that may arise from claiming or creating a YogaTrail Professional Listing, and shall not be liable for any result, or lack thereof, on the business of a Yoga Professional in connection with a Professional Listing on the YogaTrail Website, whether or not this listing is part of YogaTrail's Professional Listing Premium Services.

The services offered by any Professional Listing featured on the YogaTrail Website may be reviewed by registered Users of the Website, whether or not the Listings have been claimed by the owner or authorized Manager of said Listing. By claiming their individual Listing, Yoga Professionals can respond to User reviews.

YogaTrail is not responsible for the content of reviews posted by Users, or for any consequences such reviews may have for a specific business. Unless deemed abusive or otherwise inappropriate, YogaTrail will not delete reviews posted by Users. What constitutes an “inappropriate” review will be determined at YogaTrail's sole discretion, in good faith, and using common sense and reasonable judgment, and as set forth in the Website’s Terms of Service.

Certain features of the Professional Listings Service and/or certain services and products made available to you on the Website may be subject to payments now or in the future (“Premium Services”). YogaTrail uses a third-party payment processor (the “Payment Processor”) to bill you through a payment account linked to your account on the Website (your “Billing Account”) for use of the Premium Services. The processing of payments will be subject to the terms, conditions and privacy policies of the Payment Processor in addition to this Agreement. YogaTrail is not responsible for errors by the Payment Processor. By choosing to use Premium Services, you agree to pay YogaTrail, through the Payment Processor, all charges at the prices then in effect for any use of such Premium Services in accordance with the applicable payment terms, and you authorize YogaTrail, through the Payment Processor, to charge your chosen payment provider (your “Payment Method”). You agree to make payment using that selected Payment Method. Premium Services will not be provided until payment is received by YogaTrail.

If you have opted for an automatic renewal option, Professional Listings will be renewed automatically on a monthly basis at the then-current standard rates. Current fees will be charged to the credit card on file unless otherwise notified of a cancellation via the appropriate Website interface or in writing. Although YogaTrail may choose to send a reminder email prior to charging a customer for a renewal fee, YogaTrail is not responsible for notifying a customer of this automated renewal. If a credit card is expired or otherwise fails to authorize, the Paid Services will be discontinued. Rates for Professional Listings may be subject to modifications. YogaTrail will notify Managers of Professional Listings who have chosen to use YogaTrail’s Premium Services of any change in prices via email.

Agreement

By claiming or creating your Professional Listing on YogaTrail, you agree to the following:

(i) Listings may only be used to promote a yoga business which falls into the categories of Yoga Teacher, Yoga Studio, Yoga Teacher Training Program, and Yoga Retreat Center;

(ii) You hereby grant YogaTrail the right to display your Professional Listing information on the YogaTrail Website, partner websites, and in emails that are related to any of YogaTrail’s Services. Failure by YogaTrail to publish any Professional Listing information does not constitute a breach of contract or otherwise entitle Listing’s Managers to any legal remedy;

(iii) You may only administer a Professional Listing if you are an authorized representative of the business represented in the Listing;

(iv) All Content posted on the Listing will be made available to all Users of the Services;

(v) You hereby grant YogaTrail permission to publicize your Professional Listing with YogaTrail;

(vi) You may not display any Content on your Listing that is an advertisement or could be construed as an advertisement for anything other than the business promoted in the Listing;

(vii) You may not establish terms beyond those set forth in these Listings Terms and Conditions to govern the use of the Listing you administer;

(viii) You will not direct your Listing, or any Content on your Listing, to children under the age of 13;

(ix) You will not use deceptive practices to encourage Users to “follow” your Listing;

(x) You are responsible for ensuring that your Listing and all its Contents shall comply with all applicable laws, rules and regulations of the locality of the business profiled in the Listing, in addition to these Listings Terms and Conditions, as well as any advertising, marketing, privacy, or other self-regulatory code(s) applicable to the industry, and that it shall not interfere with, disturb, or disrupt other network users, services, or equipment, as determined by YogaTrail at its sole discretion;

(xi) You are solely responsible for the content provided on your Listing and any website linked to from such information, and shall indemnify YogaTrail for all losses, costs, and damages in connection with any claims of infringement of any third party rights;

(xii) You represent, warrant and covenant to YogaTrail that at all times, (a) you are fully authorized to publish the entire contents and subject matter of all requested information (including, without limitation, all text, images, videos, URLs, and Internet sites to which URLs are linked); (b) all such materials and Internet sites comply with all applicable laws and regulations and do not violate the rights (including, but not limited to, intellectual property rights) of any third party; (c) you have the full corporate rights, power and authority to enter into this Agreement and to perform the acts required of it hereunder, and the execution of this Agreement does not and will not violate any agreement to which you are a Party or by which you are otherwise bound, or any applicable law, rule or regulation; and (d) all links displayed in your Listing lead to Internet site that are controlled by you and operated by you or your independent contractors, are functional and accessible at all times, and are suitable in all respects to be linked to from YogaTrail;

(xiii) It is your obligation to submit Professional Listing information and Content in accordance with YogaTrail's then existing criteria or specifications (which include content limitations, technical specifications, Terms of Service, Privacy Policy, Community Guidelines , and any other applicable YogaTrail policy);

(xiv) Failure to comply with all requirements of these Listings Terms and Conditions may delay or prevent the display of the Professional Listing and shall give YogaTrail the right to immediately terminate the applicable Listing;

(xv) You shall not use, display or modify YogaTrail's trademarks in any manner without the prior written consent of YogaTrail.

Eligibility

In order to claim a Professional Listing on YogaTrail, a Manager must be approved by YogaTrail and is subject to the applicable verification process to access the Service. Whether you are claiming an existing YogaTrail Professional Listing or creating a new one, you represent and warrant that you have the authority to bind the business entity to this Agreement.

YogaTrail may, at its sole discretion and without liability, refuse to offer the Service to any person or entity and change its eligibility criteria at any time, as well as reject, remove and/or cancel any information in Professional Listings that contain content or links which do not meet YogaTrail’s specifications. YogaTrail may redesign its Website at its sole discretion and at any time.

Accounts and Passwords

Each Listing Manager must complete the registration process by providing YogaTrail with current, complete and accurate information, as specifically required by the then current registration and verification procedures. You represent and warrant that all registration information you submit is accurate and truthful. The contact and other information you provide will be used to verify your identity and you hereby consent to YogaTrail contacting you directly or through automated means to do so.

You must keep your account information up-to-date and accurate at all times. Such information must include a valid email address and telephone number. You may not transfer or sell your YogaTrail account to another party. You are solely responsible for all activity that occurs on your account and shall be responsible for maintaining the confidentiality of your account password. You shall never use another User's account without such other User's express permission. You will immediately notify YogaTrail in writing of any unauthorized use of your account, or other account related security breach of which you are aware. You agree that YogaTrail cannot and will not be liable for any loss or damage arising from your failure to keep your password secure.

Bookings on YogaTrail

YogaTrail allows Clients to pay and Yoga Professionals to accept payments for services (‘booking services’), including card-based payments initiated with cards bearing the trademarks of MasterCard International Inc. and Visa Inc., through a third-party payment processing service, Stripe (‘Stripe’ or ‘the PPS’).

Third-Party Payment Processing Services and Facilitation of Payments

All Charges are facilitated through a third-party payment processing service, Stripe. Stripe facilitates the processing of payments that Yoga Professionals receive from Clients. YogaTrail may replace its third-party payment processing services without notice to you. Charges shall only be made through the YogaTrail Platform. Cash payments are strictly prohibited.

Both Yoga Professionals and Clients will be required to provide their credit card or bank account details to the PPS. As a condition of YogaTrail enabling payment processing services through the PPS, you agree to provide YogaTrail accurate and complete information about you and/or your business, and you authorize YogaTrail to share it and transaction information related to your use of the PPS services.

By accepting the PPS Agreement, Yoga Professionals and Clients agree that they have reviewed and agreed to the PPS Agreement. Please note that YogaTrail is not a party to the PPS Agreement and that you, the PPS and any other parties listed in the PPS Agreement are the parties to the PPS Agreement and that YogaTrail has no obligations or liability under the PPS Agreement.

Yoga Professionals: you will be required to register with the PPS, agree to a Stripe Account Agreement and the Stripe Terms of Service and go through a vetting process at the request of the PPS to set up your account with Stripe. The PPS Account Agreement and Terms of Service (‘the PPS Agreement’) are available here: https://stripe.com/connect/account-terms, which may be modified by the PPS.

Clients: you authorize the PPS to process payments in accordance with the services booked, using the payment information supplied, and agree the to PPS Terms of Service.
Within 24 hours after you receive confirmation through YogaTrail that a booking has been processed, you agree to authorize the PPS to process your payments, and the fees owed to YogaTrail for the use of the service. You will be charged a cancellation fee if you book a service, but cancel it before it is completed.

Unauthorized or Illegal Use

YogaTrail may in our sole discretion decide not to authorize or settle any transaction submitted to us if we believe that the transaction is in violation of these Terms of Service or any other YogaTrail agreement, or that it exposes Yoga Professionals, other Users, the PPS or YogaTrail to harm. Harm includes fraud and other criminal acts as determined by YogaTrail in our sole discretion. If we reasonably suspect that your Account has been used for an unauthorized, illegal, or criminal purpose, you give us express authorization to share information about you, your Account, and any of your transactions with law enforcement.

YogaTrail Booking Fees

Where applicable, the Professional agrees to pay to YogaTrail the applicable fees (‘Fees’) listed below when make a booking on YogaTrail. YogaTrail reserve the right to change our Fees at any time upon notice. You must agree to the change in Fees to continue to use the Services. To withdraw your consent, you will need to close your Account. All balances and all Fees, charges, and payments collected or paid through the Services are denominated in the currency set by the Yoga Professional offering the services. All fees collected by YogaTrail are non-negotiable and non-refundable.

- First-time non-refundable booking fee with any first-time Client (not on Students list of the Professional) on YogaTrail: 33% of the total booking cost

- Subsequent non-refundable processing fee with existing Client (found on Students list of Professional) on YogaTrail: 3% of the total booking cost

Existing Clients are determined by the emails added by Yoga Professional to their Students list, and strictly based on the email address on file for the Client.

Clients:

If you cancel or don't show up for an appointment, your credit card will be charged. Reimbursement for cancellations or no-shows is in accordance with the cancellation policy of the Professional, and entirely at the Professional's discretion. Questions should be addressed directly to the Professional, and YogaTrail is not responsible for mediating disagreements.

YogaTrail has no obligation to provide refunds or credits, but may grant them in extenuating circumstances, as a result of specific refund guarantee promotions, or to correct any errors made by YogaTrail, in each case at YogaTrail’s sole discretion.

Should the Yoga Professional agree to a reimbursement after a cancellation or no-show, the maximum amount the Client can expect to receive is the total cost of the booking minus the non-refundable fees outlined above.

Customer Care

Yoga Professionals, as a separate entity from YogaTrail, are solely responsible for all customer service issues relating to such Professional's goods or services, including without limitation, any Services, pricing, order fulfillment, order or appointment cancellation, returns, refunds and adjustments, rebates, functionality and warranty, and feedback concerning experiences with such Professional, any personnel, their policies or processes. As between Clients and YogaTrail, YogaTrail is solely responsible for customer service issues relating to any account, payment, card processing, debiting or crediting for services provided directly by YogaTrail.

While YogaTrail takes what it believes to be reasonable efforts to ensure secure transmission of your information to third parties who assess and process payments, YogaTrail is not responsible for any fees or charges assessed by third parties or any errors in the processing of payments by third parties, including any errors that result from third-party negligence, improper transmission of payment information, your mistaken submission of payment information, or your submission of erroneous payment information.

Although the Services are intended to provide a Yoga Professional's availability in real-time, it is possible that a scheduling conflict may occur that requires the Yoga Professional to reschedule your reservation. Creation of a reservation using the Services is not a guarantee that the Yoga Professional will honor the reservation as scheduled. YogaTrail cannot guarantee availability of the Services to any User.
YogaTrail does not independently confirm that Yoga Professionals are licensed to perform the Services offered by them on the YogaTrail website. However, when Yoga Professionals create accounts with YogaTrail, Yoga Professionals certify to YogaTrail that they are legally able to provide the Services they offer to Clients on the YogaTrail Website, and that their business information is correctly represented on YogaTrail. YogaTrail reserves the right to remove or hide any incorrect, out of date, or illegal information from profiles, as well as remove or hide the entire profile itself at any time.

YogaTrail does not have control over the quality, suitability, reliability, timing, durability, safety, legality, ability to provide, or any other aspect whatsoever of any services offered by Yoga Professionals, nor over the integrity, responsibility or any of the actions or omissions whatsoever of any Yoga Professional.

Similarly, YogaTrail does not have control over the suitability of the Client to utilize the services of the Yoga Professional that have been booked, nor over the behavior, character, or any of the actions or omissions whatsoever of any Client.

YogaTrail makes no representations or warranties whatsoever with respect to services offered or provided by Yoga Professionals or requested by Clients through use of the Platform, whether in public, private, or offline interactions, or about the accreditation, registration or licensing of any Yoga Professional. You understand that YogaTrail does not routinely screen its members, inquire into the background of its members or attempt to verify information provided by any member. YogaTrail does not verify or confirm that any member is who they claim to be or is accurately representing themselves and does not verify or confirm any representations with respect to services offered on the Platform. YogaTrail does not assume any responsibility for the accuracy or reliability of any information provided through the advertised Services. Each Client and Yoga Professional must decide whether a Professional is suited to such Client's needs, or whether a Client is appropriate for such Professional’s services, and each should exercise caution and common sense to protect their personal safety and property, just as they would when interacting with anyone they don't know. NEITHER YOGATRAIL NOR ITS AFFILIATES OR LICENSORS IS RESPONSIBLE FOR THE CONDUCT, WHETHER ONLINE OR OFFLINE, OF ANY USER OF THE YOGATRAIL WEBSITE AND YOU HEREBY RELEASE YOGATRAIL AND ITS AFFILIATES OR LICENSORS FROM ANY LIABILITY RELATED THERETO. YOGATRAIL AND ITS AFFILIATES AND LICENSORS WILL NOT BE LIABLE FOR ANY CLAIM, INJURY OR DAMAGE ARISING IN CONNECTION WITH YOUR USE OF THE SERVICES.

Effective Date

This Agreement is effective upon the date that an existing YogaTrail Professional Listing is claimed, or a new one is created, and approved by YogaTrail.

Termination of Your Account

By YogaTrail: You agree that YogaTrail may, under certain circumstances, without liability and without prior notice, immediately terminate your account, any associated account(s), and restrict your access to any Service indefinitely or for a set period of time. The termination of an account, whether temporary or permanent, may include limitations to accessing any Service(s), but your Professional Listing, including any Content and Submissions you have made to any part of the Website in the past, will in general not be deleted, and might be deleted at the sole discretion of YogaTrail if you instruct YogaTrail to remove such Content. YogaTrail reserves the right without liability to keep on its public database a basic Professional Listing for any existing Yoga Professional, even after having received a request for a self-initiated account deletion. Such a professional Listing will contain basic information and will be reviewable by registered Users of the Website.

Cause for account termination shall include, but not be limited to, (i) breaches or violations of this Agreement or other incorporated agreements or guidelines, (ii) requests by law enforcement or other government agencies, (iii) a request by you (self-initiated account deletions), (iv) discontinuance or material modification to the Service(s) (or any part thereof), (v) unexpected technical or security issues or problems, (vi) extended periods of inactivity, (vii) engagement by you in fraudulent or illegal activities, and/or (viii) nonpayment of any fees owed by you in connection with the Services. Further, you agree that any termination by YogaTrail shall be at YogaTrail’s sole discretion and that we shall not be liable to you or any third party for any termination of your account, any associated Content, Submissions, or access to our Service(s).

By You: You can request a termination of your YogaTrail account at any time by contacting us here.

No Right of Survivorship and Non-Transferability: You agree that your account is non-transferable and any rights to your ID, Content or Submissions within your account terminate upon your death.

You may cancel your subscription to YogaTrail Professional Listing Premium Services, in accordance with the following cancellation policies:

Monthly Subscription: If you request the cancellation of a Monthly Professional Listing Subscription, the cancellation will take effect at the end of your current monthly billing period. You will not be entitled to any refund of the pre-paid Professional Listing fee for that period. Monthly Subscriptions can be reactivated at any time.

Free Trial: If you are participating in a free trial of a Premium Service and request cancellation at any time within the free trial period, the cancellation will take effect immediately and you will not be charged any fee. If you request cancellation at any time after the free trial period ends, YogaTrail will apply the cancellation policy as described above.

Cancelling your subscription to YogaTrail Professional Business Listing Premium Services does not terminate this Agreement but only the portions that are applicable to Premium Services Subscriptions.

Liability, Warranty & Indemnity

EXCEPT AS OTHERWISE STATED HEREIN, YOGATRAIL MAKES NO WARRANTIES, EXPRESS OR IMPLIED, INCLUDING WITHOUT LIMITATION, ANY IMPLIED WARRANTIES OF MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE, OR ANY WARRANTIES AS TO THE NUMBER OF VISITORS TO PAGES DISPLAYED ON THE YOGATRAIL WEBSITE OR THE FUNCTIONALITY, PERFORMANCE, OR RESPONSE TIMES OF THE YOGATRAIL WEBSITE. YOGATRAIL DISCLAIMS AND SHALL NOT BE LIABLE FOR ANY OTHER LOSS, INJURY, COST OR DAMAGE SUFFERED BY YOU OR ANY THIRD PARTY AND SHALL IN NO EVENT BE LIABLE FOR CONSEQUENTIAL, SPECIAL OR INCIDENTAL DAMAGES, INCLUDING LOST PROFITS. THIS PROVISION SHALL SURVIVE ANY EXPIRATION OR TERMINATION OF THIS AGREEMENT. IN NO EVENT SHALL YOGATRAIL OR ANY OF ITS AFFILIATES BE LIABLE TO YOU FOR AN AMOUNT IN EXCESS OF THE TOTAL DOLLAR AMOUNT ACTUALLY RECEIVED BY YOGATRAIL FROM YOU FOR THE PAID SERVICES AT ISSUE.

You agree to defend, indemnify and hold harmless YogaTrail and each of YogaTrail's agents, customers, subcontractors and affiliates, and the officers, directors, and employees of any of the foregoing, from, against and in respect of any and all losses, costs, (including reasonable attorney's fees) expenses, damages, assessments, or judgments (collectively, “Liabilities”), resulting from any claim in connection with your Professional Listing.

Special Terms for YogaTrail Widgets and Buttons

If you choose to display any of the YogaTrail Widgets and/or Buttons (“Widget”) on your website, the following additional terms apply to you:

(i) Subject to your continuous compliance with this Agreement, YogaTrail hereby grants you a non-exclusive, non-transferable, non-sublicensable, revocable license to use and display the Widgets and/or Buttons on a website for which you have proper authorization (“your website”);

(ii) Your license is subject to the following restrictions on use: (a) you may not obscure or disable any element of the Widgets and/or Buttons; (b) you may not display the Widgets and/or Buttons in any manner that implies partnership with, affiliation with, sponsorship, or endorsement by YogaTrail; (c) you may not display the Widgets and/or Buttons on any site that disparages YogaTrail or its products or services, infringes any of YogaTrail's intellectual property or other rights, or violates any applicable law; (d) you may not place the Widgets and/or Buttons on sites that include content that would violate this Agreement if posted on the Service; (e) you may not display the Widgets and/or Buttons in a manner that does not permit successful linking to the YogaTrail Website or its Services; and (f) you may not insert any intermediate page, splash page or other content between the Widgets and/or Buttons and the YogaTrail Website.

General Provisions

No joint venture, partnership, employment, or agency relationship exists between you and YogaTrail. YogaTrail will not be deemed to have waived or modified any of these terms and conditions except in writing signed by its duly authorized representative. You may not assign its rights hereunder to any third party unless YogaTrail expressly consents to such assignment in writing, not to be unreasonably withheld. If any provision of these Terms and Conditions is found invalid or unenforceable pursuant to judicial decree or decision, the remaining provisions will remain valid and enforceable, and the unenforceable provisions will be deemed modified to the extent necessary to make them enforceable. All notices to YogaTrail relating to any legal claims or matters must be made in writing to:

YogaTrail - PO Box 192750 #63657 San Francisco, CA 94119

YogaTrail may amend this Agreement at any time, by giving you notification of the amendments via email. Unless otherwise stated in the notification or unless you request cancellation of your Professional Listing Subscription (as permitted by this Agreement or the notification), any amendments shall be automatically effective thirty (30) days after they are notified to you. No other amendment, change or modification of any provision of this Agreement or waiver of any of its terms will be valid unless set forth in writing and mutually agreed to by the parties.

©2016 YogaTrail. All rights reserved.

Last updated: March 28, 2016