Terms & Conditions
These Terms of Service constitute a legally binding agreement made between you, whether personally or on behalf of an entity (“you”) and Yoga Athletex LLC (“we,” “us” or “our”), concerning your access to and use of the yaxonline.com website as well as any other media form, media channel, mobile website, or mobile application related, linked, or otherwise connected thereto (collectively, “YAX Online”).
You agree that by accessing the YAX Online, you have read, understood, and agree to be bound by all of these Terms of Service. If you do not agree with all of these Terms of Service, then you are expressly prohibited from using YAX Online and you must discontinue use immediately.
Supplemental Terms of Service or documents that may be posted on YAX Online from time to time are hereby expressly incorporated herein by reference. We reserve the right, in our sole discretion, to make changes or modifications to these Terms of Service at any time and for any reason.
We will alert you about any changes by updating the “Last Updated” date of these Terms of Service, and you waive any right to receive specific notice of each such change.
It is your responsibility to periodically review these Terms of Service to stay informed of updates. You will be subject to, and will be deemed to have been made aware of and to have accepted, the changes in any revised Terms of Service by your continued use of YAX Online after the date such revised Terms of Service are posted.
The information provided on YAX Online is not intended for distribution to or use by any person or entity in any jurisdiction or country where such distribution or use would be contrary to law or regulation or which would subject us to any registration requirement within such jurisdiction or country.
Accordingly, those persons who choose to access YAX Online from other locations do so on their own initiative and are solely responsible for compliance with local laws, if and to the extent local laws are applicable.
YAX Online is intended for users who are at least 13 years of age. All users who are minors in the jurisdiction in which they reside (generally under the age of 18) must have the permission of, and be directly supervised by, their parent or guardian to use YAX Online. If you are a minor, you must have your parent or guardian read and agree to these Terms of Service prior to you using YAX Online.
Intellectual Property Rights
Unless otherwise indicated, YAX Online is our proprietary property and all source code, databases, functionality, software, website designs, audio, video, text, photographs, and graphics on the YAX Online (collectively, the “Content”) and the trademarks, service marks, and logos contained therein (the “Marks”) are owned or controlled by us or licensed to us, and are protected by copyright and trademark laws and various other intellectual property rights and unfair competition laws of the United States, foreign jurisdictions, and international conventions.
The Content and the Marks are provided on YAX Online “AS IS” for your information and personal use only. Except as expressly provided in these Terms of Service, no part of YAX Online and no Content or Marks may be copied, reproduced, aggregated, republished, uploaded, posted, publicly displayed, encoded, translated, transmitted, distributed, sold, licensed, or otherwise exploited for any commercial purpose whatsoever, without our express prior written permission.
Provided that you are eligible to use the YAX Online, you are granted a limited license to access and use YAX Online and to download or print a copy of any portion of the Content to which you have properly gained access solely for your personal, non-commercial use. We reserve all rights not expressly granted to you in and to YAX Online, the Content and the Marks.
By using YAX Online, you represent and warrant that:
- all registration information you submit will be true, accurate, current, and complete;
- you will maintain the accuracy of such information and promptly update such registration information as necessary;
- you have the legal capacity and you agree to comply with these Terms of Service;
- you are not under the age of 13;
- not a minor in the jurisdiction in which you reside, or if a minor, you have received parental permission to use YAX Online;
- you will not access YAX Online through automated or non-human means, whether through a bot, script, or otherwise;
- you will not use YAX Online for any illegal or unauthorized purpose;
- your use of YAX Online will not violate any applicable law or regulation.
If you provide any information that is untrue, inaccurate, not current, or incomplete, we have the right to suspend or terminate your account and refuse any and all current or future use of YAX Online (or any portion thereof).
If you choose to purchase a product, service, or subscription membership offered on YAX Online, you will be asked to create an account and will be prompted to create your own unique user name and password. You must keep your account information secure. You are solely responsible and liable for all activities that occur under your password or account. You shall notify us immediately of any breach of security or unauthorized use of your password or account. You acknowledge, consent, and agree that we may preserve and disclose your account information if required to do so by law or in a good faith belief that such preservation or disclosure is reasonably necessary to comply with a legal process or to enforce these Terms of Service.
YAX Online is hosted by Uscreen, which also assists in the processing of our orders. When you input your credit card information as payment for an order, Uscreen directly and securely transmits that information to its third-party payment processor, who verifies the credit card and remits the payment to us. Neither we, nor Uscreen, ever store your credit card image or number.
Sales and use taxes, as applicable by law, will be based on your location and our location and, purchase prices are inclusive of taxes. You will be responsible for paying any applicable taxes relating to your payments and will indemnify and hold harmless Yoga Athletex LLC and Uscreen from your failure to pay any and all taxes, including sales tax, based on incorrect information provided by you. If you believe you are entitled to a refund of any taxes, you are solely responsible for such determination.
Uscreen also fulfills all orders for digitally distributed content by making that content available for viewing. It will inform you of the device and system requirements for accessing this content. You are responsible for completing the digital download, and for all risk of loss of the content after download.
You acknowledge that the resolution and quality of the content received will depend on a number of factors, including the type of device on which it is streamed and available bandwidth. While we strive to provide a high quality viewing experience, neither we, nor Uscreen, make any guarantee as to the resolution or quality of the content.
Members are billed on a recurring monthly, 6 month, or annual basis based on the subscription terms and original sign-up date. Member rates are locked in (meaning their rate will stay the same for as long as they are a member, regardless of public pricing increases).
Monthly, 6 Month, and Yearly subscription members can cancel at any time to end future payment obligations. Active members may cancel their membership through their account settings after logging in at yaxonline.com and will continue to receive access to their resources for the remainder of their paid membership. After membership has been terminated, members will not have access to any membership resources. Trial members must cancel before the end of the trial period if they do not wish to continue the YAX Online membership. Trial members may cancel their subscription anytime and are not eligible for a refund.
Payments for Monthly, 6 Month, and Yearly memberships are non-refundable and there are no refunds for partial subscription periods.
You may not access or use YAX Online for any purpose other than that for which we make YAX Online available. YAX Online may not be used in connection with any commercial endeavors except those that are specifically endorsed or approved by us.
As a user of YAX Online, you agree not to:
- systematically retrieve data or other content from YAX Online to create or compile, directly or indirectly, a collection, compilation, database, or directory without written permission from us.
- make any unauthorized use of YAX Online, including collecting usernames and/or email addresses of users by electronic or other means for the purpose of sending unsolicited email, or creating user accounts by automated means or under false pretenses.
- use a buying agent or purchasing agent to make purchases on YAX Online.
- use YAX Online to advertise or offer to sell goods and services.
- circumvent, disable, or otherwise interfere with security-related features of YAX Online, including features that prevent or restrict the use or copying of any Content or enforce limitations on the use of YAX Online and/or the Content contained therein.
- engage in unauthorized framing of or linking to YAX Online.
- trick, defraud, or mislead us and other users, especially in any attempt to learn sensitive account information such as user passwords.
- make improper use of our support services or submit false reports of abuse or misconduct.
- engage in any automated use of the system, such as using scripts to send comments or messages, or using any data mining, robots, or similar data gathering and extraction tools.
- interfere with, disrupt, or create an undue burden on YAX Online or the networks or services connected to YAX Online.
- attempt to impersonate another user or person or use the username of another user.
- sell or otherwise transfer your profile.
- use any information obtained from YAX Online in order to harass, abuse, or harm another person.
- use YAX Online as part of any effort to compete with us or otherwise use YAX Online and/or the Content for any revenue-generating endeavor or commercial enterprise.
- decipher, decompile, disassemble, or reverse engineer any of the software comprising or in any way making up a part of YAX Online.
- attempt to bypass any measures of YAX Online designed to prevent or restrict access to YAX Online, or any portion of YAX Online.
- harass, annoy, intimidate, or threaten any of our employees or agents engaged in providing any portion of YAX Online.
- delete the copyright or other proprietary rights notice from any Content.
- upload or transmit (or attempt to upload or to transmit) viruses, Trojan horses, or other material, including excessive use of capital letters and spamming (continuous posting of repetitive text), that interferes with any party’s uninterrupted use and enjoyment of YAX Online or modifies, impairs, disrupts, alters, or interferes with the use, features, functions, operation, or maintenance of YAX Online.
- upload or transmit (or attempt to upload or to transmit) any material that acts as a passive or active information collection or transmission mechanism, including without limitation, clear graphics interchange formats (“gifs”), 1×1 pixels, web bugs, cookies, or other similar devices (sometimes referred to as “spyware” or “passive collection mechanisms” or “pcms”).
- except as may be the result of standard search engine or Internet browser usage, use, launch, develop, or distribute any automated system, including without limitation, any spider, robot, cheat utility, scraper, or offline reader that accesses YAX Online, or using or launching any unauthorized script or other software.
- disparage, tarnish, or otherwise harm, in our opinion, us and/or YAX Online.
- use YAX Online in a manner inconsistent with any applicable laws or regulations.
You acknowledge and agree that any questions, comments, suggestions, ideas, feedback, or other information regarding YAX Online (“Submissions”) provided by you to us are non-confidential and shall become our sole property. We shall own exclusive rights, including all intellectual property rights, and shall be entitled to the unrestricted use and dissemination of these Submissions for any lawful purpose, commercial or otherwise, without acknowledgment or compensation to you.
You hereby waive all moral rights to any such Submissions, and you hereby warrant that any such Submissions are original with you or that you have the right to submit such Submissions. You agree there shall be no recourse against us for any alleged or actual infringement or misappropriation of any proprietary right in your Submissions.
We reserve the right to remove or modify any Submission for any reason. We may make such deletions or changes without notice to you, and any such change or removal is not subject to review, appeal, or revocation.
We reserve the right, but not the obligation, to:
- monitor YAX Online for violations of these Terms of Service;
- take appropriate legal action against anyone who, in our sole discretion, violates the law or these Terms of Service, including without limitation, reporting such user to law enforcement authorities;
- in our sole discretion and without limitation, refuse, restrict access to, limit the availability of, or disable (to the extent technologically feasible) any of your Contributions or any portion thereof;
- in our sole discretion and without limitation, notice, or liability, to remove from YAX Online or otherwise disable all files and content that are excessive in size or are in any way burdensome to our systems;
- otherwise manage YAX Online in a manner designed to protect our rights and property and to facilitate the proper functioning of YAX Online.
If you access YAX Online from the European Union, Asia, or any other region of the world with laws or other requirements governing personal data collection, use, or disclosure that differ from applicable laws in the United States, then through your continued use of YAX Online, you are transferring your data to the United States, and you expressly consent to have your data transferred to and processed in the United States.
Digital Millennium Copyright Act (DMCA) Notice and Policy
We respect the intellectual property rights of others. To the best of our knowledge, the Content that appears on YAX Online does not infringe the copyrights of others. If you believe that your work has been copied in a way that constitutes copyright infringement by any content or material on YAX Online, please provide the following information in writing to us for further detail:
- A physical or electronic signature of a person authorized to act on behalf of the copyright owner.
- A description of the material that you claim to be infringing or to be the subject of infringing activity and that is to be removed or access to which is to be disabled, and information reasonably sufficient to permit us to locate the material, like the site URL of the material. Information so that we can contact you, such as address, telephone number and electronic mail address.
- A statement that you (the complaining party) have a good faith belief that use of the material in the manner complained of is not authorized by the copyright owner, its agent, or the law.
- A statement that the information in the notification is accurate and, under penalty of perjury, that you are the copyright owner or are authorized to act on behalf of the owner of a copyright that is allegedly infringed.
If you believe that we improperly removed or disabled content or materials you posted, uploaded or submitted to the Services, please provide the following to us for further detail:
- Your physical or electronic signature.
- A description of the materials that have been removed or to which access has been disabled and the location at which the material appeared before it was removed or access to it was disabled.
- A statement under penalty of perjury that you have a good faith belief that the material was removed or disabled as a result of mistake or misidentification of the material to be removed or disabled.
- Your name, address and telephone number, and a statement that you consent to the jurisdiction of the Federal District Court for the judicial district in which the address is located, and that you will accept service of process from the person who provided notification of the alleged infringement.
We will maintain certain data that you transmit to YAX Online for the purpose of managing YAX Online, as well as data relating to your use of YAX Online. Although we perform regular routine backups of data, you are solely responsible for all data that you transmit or that relates to any activity you have undertaken using YAX Online.
You agree that we shall have no liability to you for any loss or corruption of any such data, and you hereby waive any right of action against us arising from any such loss or corruption of such data.
Electronic Communications, Transactions, and Signatures
Visiting YAX Online, sending us emails, and completing online forms constitute electronic communications. You consent to receive electronic communications, and you agree that all agreements, notices, disclosures, and other communications we provide to you electronically, via email and on YAX Online, satisfy any legal requirement that such communication be in writing.
YOU HEREBY AGREE TO THE USE OF ELECTRONIC SIGNATURES, CONTRACTS, ORDERS, AND OTHER RECORDS, AND TO ELECTRONIC DELIVERY OF NOTICES, POLICIES, AND RECORDS OF TRANSACTIONS INITIATED OR COMPLETED BY US OR VIA YAX ONLINE.
You hereby waive any rights or requirements under any statutes, regulations, rules, ordinances, or other laws in any jurisdiction which require an original signature or delivery or retention of non-electronic records, or to payments or the granting of credits by any means other than electronic means.
Term and Termination
These Terms of Service shall remain in full force and effect while you use the YAX Online. WITHOUT LIMITING ANY OTHER PROVISION OF THESE TERMS OF SERVICE, WE RESERVE THE RIGHT TO, IN OUR SOLE DISCRETION AND WITHOUT NOTICE OR LIABILITY, DENY ACCESS TO AND USE OF THE YAX ONLINE (INCLUDING BLOCKING CERTAIN IP ADDRESSES), TO ANY PERSON FOR ANY REASON OR FOR NO REASON, INCLUDING WITHOUT LIMITATION FOR BREACH OF ANY REPRESENTATION, WARRANTY, OR COVENANT CONTAINED IN THESE TERMS OF SERVICE OR OF ANY APPLICABLE LAW OR REGULATION. WE MAY TERMINATE YOUR USE OR PARTICIPATION IN YAX ONLINE OR DELETE YOUR ACCOUNT AND ANY CONTENT OR INFORMATION THAT YOU POSTED AT ANY TIME, WITHOUT WARNING, IN OUR SOLE DISCRETION.
If we terminate or suspend your account for any reason, you are prohibited from registering and creating a new account under your name, a fake or borrowed name, or the name of any third party, even if you may be acting on behalf of the third party.
In addition to terminating or suspending your account, we reserve the right to take appropriate legal action, including without limitation pursuing civil, criminal, and injunctive redress.
Modifications and Interruptions
We reserve the right to change, modify, or remove the contents of YAX Online at any time or for any reason at our sole discretion without notice. However, we have no obligation to update any information on YAX Online. We also reserve the right to modify or discontinue all or part of YAX Online without notice at any time.
We will not be liable to you or any third party for any modification, price change, suspension, or discontinuance of YAX Online.
We cannot guarantee YAX Online will be available at all times. We may experience hardware, software, or other problems or need to perform maintenance related to YAX Online, resulting in interruptions, delays, or errors.
We reserve the right to change, revise, update, suspend, discontinue, or otherwise modify YAX Online at any time or for any reason without notice to you. You agree that we have no liability whatsoever for any loss, damage, or inconvenience caused by your inability to access or use YAX Online during any downtime or discontinuance of YAX Online.
Nothing in these Terms of Service will be construed to obligate us to maintain and support YAX Online or to supply any corrections, updates, or releases in connection therewith.
These Terms of Service and your use of YAX Online are governed by and construed in accordance with the laws of the State of Texas applicable to agreements made and to be entirely performed within the State of Texas, without regard to its conflict of law principles.
There may be information on YAX Online that contains typographical errors, inaccuracies, or omissions that may relate to YAX Online, including descriptions, pricing, availability, and various other information. We reserve the right to correct any errors, inaccuracies, or omissions and to change or update the information on YAX Online at any time, without prior notice.
Health and Safety
You agree to consult with your physician before commencing use of YAX Online, and you agree not to use YAX Online with any medical condition that poses a direct threat to the health or safety of yourself or others.
You understand that the Content on YAX Online requires physical activity and may be strenuous. By voluntarily participating you assume all risk of injury. You understand and acknowledge that there are risks of physical injury, property loss, or even death, associated with any physical activity, and certain medical conditions may be aggravated or made worse by physical activity (collectively, “Risks”). You assume any and all risk and danger incidental to the use of the YAX Online, including but not limited to, the foregoing Risks and the way you perceive and utilize the information conveyed from YAX Online.
Yoga Athletex LLC shall not be liable for any injury resulting from or arising out of, the use of YAX Online.
YAX ONLINE IS PROVIDED ON AN AS-IS AND AS-AVAILABLE BASIS. YOU AGREE THAT YOUR USE OF YAX ONLINE AND OUR SERVICES WILL BE AT YOUR SOLE RISK. TO THE FULLEST EXTENT PERMITTED BY LAW, WE DISCLAIM ALL WARRANTIES, EXPRESS OR IMPLIED, IN CONNECTION WITH YAX ONLINE AND YOUR USE THEREOF, INCLUDING, WITHOUT LIMITATION, THE IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, AND NON-INFRINGEMENT. WE MAKE NO WARRANTIES OR REPRESENTATIONS ABOUT THE ACCURACY OR COMPLETENESS OF YAX ONLINE’S CONTENT OR THE CONTENT OF ANY WEBSITES LINKED TO YAX ONLINE AND WE WILL ASSUME NO LIABILITY OR RESPONSIBILITY FOR ANY (1) ERRORS, MISTAKES, OR INACCURACIES OF CONTENT AND MATERIALS, (2) PERSONAL INJURY OR PROPERTY DAMAGE, OF ANY NATURE WHATSOEVER, RESULTING FROM YOUR ACCESS TO AND USE OF YAX ONLINE, (3) ANY UNAUTHORIZED ACCESS TO OR USE OF OUR SECURE SERVERS AND/OR ANY AND ALL PERSONAL INFORMATION AND/OR FINANCIAL INFORMATION STORED THEREIN, (4) ANY INTERRUPTION OR CESSATION OF TRANSMISSION TO OR FROM YAX ONLINE, (5) ANY BUGS, VIRUSES, TROJAN HORSES, OR THE LIKE WHICH MAY BE TRANSMITTED TO OR THROUGH YAX ONLINE BY ANY THIRD PARTY, AND/OR (6) ANY ERRORS OR OMISSIONS IN ANY CONTENT AND MATERIALS OR FOR ANY LOSS OR DAMAGE OF ANY KIND INCURRED AS A RESULT OF THE USE OF ANY CONTENT POSTED, TRANSMITTED, OR OTHERWISE MADE AVAILABLE VIA YAX ONLINE. WE DO NOT WARRANT, ENDORSE, GUARANTEE, OR ASSUME RESPONSIBILITY FOR ANY PRODUCT OR SERVICE ADVERTISED OR OFFERED BY A THIRD PARTY THROUGH YAX ONLINE, ANY HYPERLINKED WEBSITE, OR ANY WEBSITE OR MOBILE APPLICATION FEATURED IN ANY BANNER OR OTHER ADVERTISING, AND WE WILL NOT BE A PARTY TO OR IN ANY WAY BE RESPONSIBLE FOR MONITORING ANY TRANSACTION BETWEEN YOU AND ANY THIRD-PARTY PROVIDERS OF PRODUCTS OR SERVICES.
AS WITH THE PURCHASE OF A PRODUCT OR SERVICE THROUGH ANY MEDIUM OR IN ANY ENVIRONMENT, YOU SHOULD USE YOUR BEST JUDGMENT AND EXERCISE CAUTION WHERE APPROPRIATE.
Limitations of Liability
IN NO EVENT WILL WE OR OUR OWNERS, DIRECTORS, EMPLOYEES, OR AGENTS BE LIABLE TO YOU OR ANY THIRD PARTY FOR ANY DIRECT, INDIRECT, CONSEQUENTIAL, EXEMPLARY, INCIDENTAL, SPECIAL, OR PUNITIVE DAMAGES, INCLUDING LOST PROFIT, LOST REVENUE, LOSS OF DATA, OR OTHER DAMAGES ARISING FROM YOUR USE OF YAX ONLINE, EVEN IF WE HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.
You agree to defend, indemnify, and hold us harmless, including our subsidiaries, affiliates, and all of our respective officers, agents, partners, and employees, from and against any loss, damage, liability, claim, or demand, including reasonable attorneys’ fees and expenses, made by any third party due to or arising out of: (1) your Contributions; (2) use of YAX Online; (3) breach of these Terms of Service; (4) any breach of your representations and warranties set forth in these Terms of Service; (5) your violation of the rights of a third party, including but not limited to intellectual property rights; or (6) any overt harmful act toward any other user of YAX Online with whom you connected via YAX Online.
Notwithstanding the foregoing, we reserve the right, at your expense, to assume the exclusive defense and control of any matter for which you are required to indemnify us, and you agree to cooperate, at your expense, with our defense of such claims. We will use reasonable efforts to notify you of any such claim, action, or proceeding which is subject to this indemnification upon becoming aware of it.
These Terms of Service and any policies or operating rules posted by us on YAX Online constitute the entire agreement and understanding between you and us. Our failure to exercise or enforce any right or provision of these Terms of Service shall not operate as a waiver of such right or provision.
These Terms of Service operate to the fullest extent permissible by law. We may assign any or all of our rights and obligations to others at any time. We shall not be responsible or liable for any loss, damage, delay, or failure to act caused by any cause beyond our reasonable control.
If any provision or part of a provision of these Terms of Service is determined to be unlawful, void, or unenforceable, that provision or part of the provision is deemed severable from these Terms of Service and does not affect the validity and enforceability of any remaining provisions.
There is no joint venture, partnership, employment or agency relationship created between you and us as a result of these Terms of Service or use of YAX Online. You agree that these Terms of Service will not be construed against us by virtue of having drafted them.
You hereby waive any and all defenses you may have based on the electronic form of these Terms of Service and the lack of signing by the parties hereto to execute these Terms of Service.
In order to resolve a complaint regarding YAX Online or to receive further information regarding use of YAX Online, please contact us at: email@example.com
Terms of Service last updated 4/23/2021