Terms & conditions
Last updated: August 07, 2018
Please read these Terms and Conditions ("Terms", "Terms and Conditions") carefully before using the www.katonahyoga.com website and the Katonah Yoga App mobile application (together, or individually, the "Service") operated by Katonah Yoga Center, Inc. (“Katonah Yoga”, "us", "we", or "our").
Your access to and use of the Service is conditioned upon your acceptance of and compliance with these Terms. These Terms apply to all visitors, users and others who wish to access or use the Service.
By accessing or using the Service you agree to be bound by these Terms. If you disagree with any part of the terms then you do not have permission to access the Service.
If you wish to purchase any product or service made available through the Service ("Purchase"), you may be asked to supply certain information relevant to your Purchase including, without limitation, your credit card number, the expiration date of your credit card, your billing address, and your shipping information.
You represent and warrant that: (i) you have the legal right to use any credit card(s) or other payment method(s) in connection with any Purchase; and that (ii) the information you supply to us is true, correct and complete.
We reserve the right to refuse or cancel your order at any time for reasons including but not limited to: product or service availability, errors in the description or price of the product or service, error in your order or other reasons.
We reserve the right to refuse or cancel your order if fraud or an unauthorized or illegal transaction is suspected.
Availability, Errors and Inaccuracies
We are constantly updating product and service offerings on the Service. We may experience delays in updating information on the Service and in our advertising on other web sites. The information found on the Service may contain errors or inaccuracies and may not be complete or current. Products or services may be mispriced, described inaccurately, or unavailable on the Service and we cannot guarantee the accuracy or completeness of any information found on the Service.
We therefore reserve the right to change or update information and to correct errors, inaccuracies, or omissions at any time without prior notice.
The Service and its original content, features and functionality are and will remain the exclusive property of Katonah Yoga and its licensors. The Service is protected by copyright, trademark, and other laws of both the United States and foreign countries. Our trademarks, trade dress and original content (including without limitation our illustrations) may not be used in connection with any product or service without the prior written consent of Katonah Yoga.
Links To Other Web Sites
Our Service may contain links to third party web sites or services that are not owned or controlled by Katonah Yoga.
Katonah Yoga has no control over, and assumes no responsibility for the content, privacy policies, or practices of any third party web sites or services. We do not warrant the offerings of any of these entities/individuals or their websites.
You acknowledge and agree that Katonah Yoga 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 third party web sites or services.
We strongly advise you to read the terms and conditions and privacy policies of any third party web sites or services that you visit.
We may terminate or suspend your access to the Service immediately, without prior notice or liability, under our sole discretion, for any reason whatsoever and without limitation, including but not limited to a breach of the Terms.
All provisions of the Terms which by their nature should survive termination shall survive termination, including, without limitation, ownership provisions, warranty disclaimers, indemnity and limitations of liability.
You agree to defend, indemnify and hold harmless Katonah Yoga and its licensee and licensors, and their employees, contractors, agents, officers and directors, from and against any and all claims, damages, obligations, losses, liabilities, costs or debt, and expenses (including but not limited to attorney's fees), resulting from or arising out of a) your use and access of the Service, or b) a breach of these Terms.
Limitation Of Liability
In no event shall Katonah Yoga, nor its directors, employees, partners, agents, suppliers, or affiliates, be liable for any indirect, incidental, special, consequential or punitive damages, including without limitation, loss of profits, data, use, goodwill, or other intangible losses, resulting from (i) your access to or use of or inability to access or use the Service; (ii) any conduct or content of any third party on the Service; (iii) any content obtained from the Service; and (iv) unauthorized access, use or alteration of your transmissions or content, whether based on warranty, contract, tort (including negligence) or any other legal theory, whether or not we have been informed of the possibility of such damage, and even if a remedy set forth herein is found to have failed of its essential purpose.
Your use of the Service is at your sole risk. The Service is provided on an "AS IS" and "AS AVAILABLE" basis. The Service is provided without warranties of any kind, whether express or implied, including, but not limited to, implied warranties of merchantability, fitness for a particular purpose, non-infringement or course of performance.
Katonah Yoga, its subsidiaries, affiliates, and its licensors do not warrant that a) the Service will function uninterrupted, secure or available at any particular time or location; b) any errors or defects will be corrected; c) the Service is free of viruses or other harmful components; or d) the results of using the Service will meet your requirements.
Some jurisdictions do not allow the exclusion of certain warranties or the exclusion or limitation of liability for consequential or incidental damages, so the limitations above may not apply to you.
These Terms shall be governed and construed in accordance with the laws of New York, United States, without regard to its conflict of law provisions.
a. Any dispute, controversy or claim arising out of or relating to this Note or the breach thereof will be settled by arbitration to be administered by either the American Arbitration Association or its successor (“AAA”) or the National Arbitration or Mediation Company or its successor (“NAM”) at the discretion of the party first filing a demand for arbitration. The arbitration will be subject to the applicable rules for expedited arbitration.
The applicable arbitration company will administer the arbitration in accordance with its administrative rules (including the Commercial Rules of the AAA or the Comprehensive Rules of NAM) and the expedited procedures of such rules.If neither AAA or NAM are in business, then you and we will mutually agree upon an alternative administrative arbitration agency. If you and we cannot mutually agree, then you and we agree to take the matter to a court of competent jurisdiction to select the agency. Judgment rendered by the arbitrator a. may be entered in any court having jurisdiction thereof. The costs of the arbitration will be shared equally by you and we, except as otherwise provided in this Note. You and we also agree that neither party will pursue class action claims. You and we further agree not to consolidate the arbitration with any other proceedings, except for arbitrations in which you and we. You and we further agree that only depositions for the sole purpose of preserving testimony may be conducted and that any documents exchanged between you and us as part of the discovery process must be returned or destroyed (with proof of destruction) within thirty (30) days of the granting of a final decision or dismissal of the arbitration.
b.You and we agree that any dispute arising out of these Terms shall be exclusively determined in New York County, New York State, and you and we submit to the personal jurisdiction of the applicable forum located there.
c. Our affiliates, shareholders, directors, officers, employees, agents and representatives, and their affiliates, will neither be liable nor named as a party in any arbitration or litigation proceeding commenced by you where the claim arises out of or relates to these Terms. If you name a party in any arbitration or litigation in violation of this Section, you will reimburse us and the party for all reasonable costs incurred, including but not limited to arbitration fees, court costs, attorneys’ fees, witness fees, and travel expenses.
d. Any disputes concerning the enforceability or scope of the arbitration clause will be resolved pursuant to the Federal Arbitration Act, 9 U.S.C. §1, et seq. (“FAA”), and you and we agree that the FAA preempts any state law or other countries’ restrictions (including the site of the arbitration) on the enforcement of the arbitration clause in these Terms. You and we agree to waive any right to disclaim or contest this pre-dispute arbitration agreement.
No Waiver, Entire Agreement
Any failure by us to enforce any right or provision of these Terms will not be considered a waiver of those rights. If any provision of these Terms is held to be invalid or unenforceable by a court, the remaining provisions of these Terms will remain in effect. These Terms constitute the entire agreement between us regarding our Service, and supersede and replace any prior agreements we might have had between us regarding the Service.
We reserve the right, at our sole discretion, to modify or replace these Terms at any time. If a revision is material we will provide at least 30 days’ notice prior to any new terms taking effect. What constitutes a material change will be determined at our sole discretion.
By continuing to access or use our Service after any revisions become effective, you agree to be bound by the revised terms. If you do not agree to the new terms, you are no longer authorized to use the Service.
If you have any questions about these Terms, please contact us at firstname.lastname@example.org.