YogaTrail Professional Listings 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 (“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 Inc. - 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.

©2015 YogaTrail. All rights reserved.

Last updated: March 28, 2016