Terms & Conditions

MyYogaTeacher operates an online service through its website with a homepage at https://myyogateacher.com/, its subdomains and/or other websites (the “,Website”), and the MyYogaTeacher mobile software application and such other mobile or desktop applications designated by MyYogaTeacher for use with the service from time to time (the “App”), including all features, content, tools, applications, graphics, information, and other tools and services included on the Website or App, and including certain virtual classes that may be made available by MyYogaTeacher via third party vendors (such as Zoom or such other video conferencing platforms or services as MyYogaTeacher may elect to use from time to time) (collectively, the “Service”), which Service provides individual users (“Students”) and Employee Users (as defined below) the ability to connect with professional yoga teachers (“Teachers”) to obtain both group and personalized yoga instruction and training (“Trainings”). The scope of your access to the Service and any associated Trainings may be determined or otherwise limited by the terms of any applicable membership plan selected and purchased by you electronically through the Website or App (a “Membership Plan”) or, if you are an Employee User, by the Membership Plan purchased by the applicable Enterprise Purchaser (as defined below). We may modify, terminate, or replace, in whole or in part, the Service or any aspect thereof (including any classes offered through the Service) or any Membership Plan from time to time in our sole discretion and without prior notice. You should carefully review the scope and limitations of any Membership Plan prior to purchase. Certain services such as workshops or one off sessions are available for purchase outside of a Membership Plan

“You” as used herein means the natural person or entity that has agreed to be bound by this Agreement, including, without limitation and as may be dictated by context, (i) Students, (ii) Teachers, and (iii) enterprises that purchase or otherwise register for access to the Service (an “Enterprise Purchaser”) on behalf of or for the benefit of that enterprise’s employees or representatives (each, an “Employee User”).

If you are a Teacher hereunder, you acknowledge that you have also entered into a separate Consultancy Services Agreement or similar agreement with MyYogaTeacher governing your engagement by MyYogaTeacher as a yoga instructor (the “Teacher Agreement”). In addition to all applicable terms and conditions of this Agreement, you shall continue to be bound by and shall comply with all terms and conditions of your Teacher Agreement. In the event of a conflict between the terms of these Terms and the terms of your Teacher Agreement, the terms of your Teacher Agreement shall govern, but only to the extent of the conflict.

MyYogaTeacher reserves the right to modify or change this Agreement and its terms, as well as any fees and other amounts charged for the Service, at any time and in its sole discretion. Any modifications or changes will be effective immediately upon posting on the App and the Website, unless otherwise specified in the updated Agreement. Your continued access to and use of the Website, the App, or the Service confirms your acceptance of this Agreement and any changes or modifications made to this Agreement. If you do not agree with any modification or change to this Agreement, your sole recourse shall be to cease all use of the Website, the App, and the Service. You should review these Terms and the Privacy Policy frequently and ensure you understand all terms, conditions, and policies applicable to your access to and use of the App, the Website, and the Service.

Please also note that these Terms may be superseded by expressly-designated legal notices or terms located on particular pages of the Website or the App. These expressly-designated legal notices or terms are incorporated into these Terms and supersede the provision(s) of these Terms in the event of any conflict.

IN ADDITION, WE MAY NEED TO UPDATE THE APP FROM TIME TO TIME. BY DOWNLOADING THE APP, YOU AGREE THAT WE CAN NOTIFY YOU AND SEND SUCH UPDATES TO YOUR MOBILE DEVICE.

You understand and acknowledge that your use of the Service (or, if you are an Enterprise Purchaser, your Employee Users’ use), including any participation in any Training, may involve vigorous physical exercise and activity that carries a risk of, and could result in, injury to you (or, if you are an Enterprise Purchaser, to your Employee Users). Some of these risks cannot be eliminated regardless of the care taken to avoid injuries. Without limiting the generality of the foregoing, you recognize and acknowledge, on your own behalf and, if you are an Enterprise Purchaser, on behalf of your Employee Users, that strenuous physical activity such as yoga, including where practiced in connection with a Training, may increase the risk of various potential injuries, including but not limited to (i) minor injuries such as scratches, bruises, and sprains; (ii) major injuries such as joint or back injuries, heart attacks, rhabdomyolysis, seizures and concussions; and (iii) catastrophic injuries including paralysis and death. All Teachers, Students, and Employee Users should seek the advice of a physician prior to beginning any physical exercise program, including PARTICIPATING IN any Training. Do not participate in any Training if you have any physical or medical condition that would prevent you from participating in the Training or that creates a risk of injury to you. As between MyYogaTeacher and any participant in a Training, the participant is solely responsible for determining the appropriateness of any Training to the participant’s physical capabilities. If you, as a participant, feel that any Training (or any portion thereof) is not safe, is not appropriate to your skill level and fitness capabilities, or otherwise poses a risk of harm to you, please do not participate in the Training. If you experience faintness, dizziness, pain or shortness of breath at any time while participating in any Training, you should stop immediately. IF YOU ARE IN THE UNITED STATES AND THINK YOU ARE HAVING A MEDICAL OR HEALTH EMERGENCY, CALL YOUR HEALTH CARE PROFESSIONAL OR 911 IMMEDIATELY. You acknowledge and agree, on your own behalf and, if you are an Enterprise Purchaser, on behalf of your Employee Users, that any instruction or directions provided by a Teacher during a Training (including, without limitation, any poses or movements) are optional and provided by way of suggestion only, that such instruction and directions do not constitute health advice, and that if any participant follows any such instruction or directions, the participant does so at the participant’s own election and at the participant’s own risk. THE SERVICE MAY OFFER, THROUGH YOUR PARTICIPATION IN TRAININGS OR OTHERWISE, GENERAL HEALTH AND FITNESS INFORMATION WHICH IS DESIGNED FOR INFORMATIONAL PURPOSES ONLY. NOTHING STATED OR POSTED ON THE APP OR WEBSITE, STATED BY ANY TEACHER, OR OTHERWISE AVAILABLE THROUGH THE SERVICE IS INTENDED TO BE, AND MUST NOT BE TAKEN TO BE, THE PRACTICE OF MEDICAL OR PROFESSIONAL CARE. YOU SHOULD NOT RELY ON ANY INFORMATION AVAILABLE VIA THE SERVICE AS A SUBSTITUTE FOR, NOR DOES IT REPLACE, PROFESSIONAL MEDICAL ADVICE, DIAGNOSIS, OR TREATMENT. IF YOU HAVE ANY CONCERNS OR QUESTIONS ABOUT YOUR HEALTH, YOU SHOULD ALWAYS CONSULT A PHYSICIAN OR OTHER HEALTH-CARE PROFESSIONAL. DO NOT EVER DISREGARD, AVOID OR DELAY OBTAINING MEDICAL OR HEALTH RELATED ADVICE FROM YOUR HEALTH-CARE PROFESSIONAL BECAUSE OF SOMETHING YOU MAY HAVE READ ON THE SITE OR RECEIVE VIA THE SERVICE. THE USE OF ANY INFORMATION PROVIDED ON THE SERVICE IS SOLELY AT YOUR OWN RISK

You shall comply (and if you are an Enterprise Purchaser, you shall require that your Employee Users comply) at all times with any safety rules and guidelines given by MyYogaTeacher or an applicable Teacher. If you are a participant in a Training, you should share with your Teacher details relating to your level of fitness and any medical conditions or physical limitations that may impact your ability to participate in any Training. If MyYogaTeacher or any Teacher determines, in its sole discretion and subjective opinion, that your participation in any Training or other use of the Service may pose a risk of physical harm to you, we may deny you access to the Training or Service until you furnish to us an opinion letter from a licensed physician, obtained at your sole cost and expense, confirming your physical fitness to undertake the Training and Service and addressing any specific health or safety concerns raised by MyYogaTeacher or your Teacher. Notwithstanding the foregoing, however, you understand and acknowledge, on your own behalf and, if you are an Enterprise Purchaser, on behalf of your Employee Users, that any permission granted to you (or any Employee User) to access the Service and any Training does not constitute an endorsement by MyYogaTeacher of your (or any Employee User’s) fitness to participate in the Service or any Training and should not be interpreted as indicating an absence of risk.

By accessing or using the Service in any manner, including, without limitation, by purchasing access to and/or attending or viewing any class, event, activity, or other Training (or, if you are an enterprise purchaser, by permitting your employee users to do ANY OF THE FOREGOING), you hereby acknowledge on behalf of yourself, your heirs, personal representatives and/or assigns AND, IF YOUR ARE AN ENTERPRISE PURCHASER, ON BEHALF OF YOUR EMPLOYEE USERS, that there are certain inherent risks and dangers in participating in yoga, the TraininGS, and Service. In PARTIAL consideration of YOUR ACCESS TO AND PARTICIPATION IN THE Service and TrainingS (OR, IF YOU ARE AN ENTERPRISE PURCHASER, YOUR EMPLOYEE USERS’ ACCESS TO AND PARTICIPATION in the SERVICE AND TRAININGS), you hereby (I) assume full responsibility for any and all injuries or damage SUFFERED BY YOU (OR IF YOU ARE AN ENTERPRISE PURCHASER, TO YOUR EMPLOYEE USERS) OR ANY THIRD PARTY AND which are sustained, aggravated or caused IN CONNECTION WITH YOUR (OR, IF YOU ARE AN ENTERPRISE PURCHASER, YOUR EMPLOYEE USERS’) USE OF OR PARTICIPATION in the SERVICE OR ANY TRAINING, (II) release and agree to indemnify and hold harmless MyYogaTeacher, its direct and indirect parents, subsidiaries, and affiliateS, and each of their respective officers, directors, members, employees, representatives and agents, and all Teachers, and each of their respective successors and assigns, from any and all responsibility, claims, actions, suits, procedures, costs, expenses, damages, and liabilities, to the fullest extent PERMITTED BY LAW, arising out of or in any way related to your (OR IF YOU ARE AN ENTERPRISE PURCHASER, YOUR EMPLOYEE USERS’) participation in the Training or use of the Service, and (III) represent and warrant that you AND, IF YOU ARE AN ENTERPRISE PURCHASER, YOUR EMPLOYEE USERS (a) understand that participating in the Training and Service involves strenuous physical activity, and that you (OR IF YOU ARE AN ENTERPRISE PURCHASER, YOUR EMPLOYEE USERS) are in good health and able to engage in such activity, (b) have no medical or physical condition that may prevent you (OR IF YOU ARE AN ENTERPRISE PURCHASER, any EMPLOYEE USER) from properly using THE SERVICE OR PARTICIPATING IN ANY TRAINING, or that would put you (OR IF YOU ARE AN ENTERPRISE PURCHASER, any EMPLOYEE USER) or anyone else in physical or medical danger, (c) have not been instructed by a physician to not participate in physical exercise or in the type or intensity of activity contemplated by the Training and Service, AND THAT YOUR PHYSICIAN HAS SPECIFICALLY APPROVED OF YOUR PARTICIPATION IN THE TRAINING AND SERVICE, and (d) are physically and mentally capable of participating in the Training and using the Service as contemplated hereunder.

If you are a California resident, you hereby waive California Civil Code Section 1542, which states, “A general release does not extend to claims that the creditor or releasing party does not know or suspect to exist in his or her favor at the time of executing the release and that, if known by him or her, would have materially affected his or her settlement with the debtor or released party.”

IF YOU ARE AN ENTERPRISE PURCHASER, YOU UNDERSTAND AND ACKNOWLEDGE THAT, AS BETWEEN YOU AND MyYogaTeacher, YOU ARE SOLELY RESPONSIBLE AND LIABLE FOR ANY ACCESS TO OR PARTICIPATION IN THE SERVICE, INCLUDING ANY TRAINING, BY ANY EMPLOYEE USER, AND FOR ENSURING THAT ANY SUCH EMPLOYEE USER IS AWARE OF ALL RELEVANT TERMS, CONDITIONS, RESTRICTIONS, AND RISKS SET FORTH OR DISCLOSED HEREUNDER.

Subject to your compliance with these Terms, MyYogaTeacher hereby grants you a personal, limited, non-exclusive, non-transferable, revocable license, solely for your personal, non-commercial use, to: (i) download and use the App only on an approved Apple or Android device owned by you (“Device”) as permitted by the applicable App Store Terms (as defined below) and in accordance with these Terms; (ii) access the Service through the App or Website on your Device or personal computer; and (iii) if you are a Student or Enterprise Purchaser, download and use, solely in connection with your (or if you are an Enterprise Purchaser, your Employee Users’) participation in an applicable Training and personal yoga practice, one copy of any written instructional materials (“Instructional Materials”) provided through the Service. All other use or disclosure of the Instructional Materials, whether by you are any other person, is strictly prohibited without the prior written consent of MyYogaTeacher.

MyYogaTeacher may suspend or terminate your access to the Service or any component thereof at any time and for any reason, including if MyYogaTeacher determines you have violated any term or condition of these Terms (or, if you are a Teacher, any term or condition of your Teacher Agreement) or, if you are a Student or an Enterprise Purchaser, if you fail to pay any amount payable by you hereunder when due. We may modify, terminate, or replace the App, the Website, and/or the Service from time to time in our sole discretion and without prior notice.

The Service is intended for your personal use, or, if you are an Enterprise Purchaser, for the personal use of your Employee Users. If you permit any minor (i.e., any individual under the age of 18 years) to access or use the Service or participate in any Training, either in connection with your own access, use, and/or participation in the Service or any Training, or through granting such minor use of your Account (as defined below), you represent, warrant, and covenant that: (i) you are the legal guardian of such minor, or otherwise have obtained the consent and approval of such minor’s legal guardian to provide the minor with access to and use of the Service and to permit such minor to participate in the Trainings; (ii) you shall ensure (including through appropriate supervision) the safety of such minor while participating in any Training and such minor’s compliance with these Terms at all times during his or her use of the Service; (iii) you have informed such minor of the terms and conditions of these Terms, and he or she has agreed to access and use the Service, and participate in any Trainings, in strict compliance with the same; (iv) you shall be solely responsible and liable for such minor’s access to and use of the Service and participation in the Trainings, including for any injury or damage to the minor or any other person as a result of such use and/or participation; and (v) all waivers, releases, acknowledgments, and assumptions of risk made by you under these Terms, including as set forth in the Assumption of Risk; Release section above, are made both for yourself and on behalf of the applicable minor. MyYogaTeacher hereby disclaims any and all liabilities arising out of usage of the Website, App, or the Service by any minor without the supervision and consent of such minor’s legal guardian.

In order to access or use the Service and to participate in Trainings as a Student or as a Teacher, or to permit your Employee Users to access and use the Service and participate in Trainings if you are an Enterprise Purchaser, you are required to register with us and create a user account (“Account”). To create an Account, you must submit the following information through the account registration page on the Website or the App: (i) a working email address; (ii) your first and last name; and (iii) a password. If you are a Student, we may also ask that you provide additional information so that we can provide you a more customized experience when using the Service, such as your years of yoga experience, types of yoga practiced in the past, any medical or physical conditions (such as surgeries) that might impact your ability to practice yoga, and your goals for yoga, such as to increase flexibility or achieve weight loss. You must provide true, accurate, current, and complete information as prompted by the applicable registration or login form, and you are responsible for keeping such information up to date. You may update your information by logging into your Account and making relevant changes directly or contacting us using the contact information listed in the Contact Us section below and we can make the changes for you. All personal information collected by us through this registration process will be protected and used in accordance with our Privacy Policy.

You are responsible and liable for all activities conducted through your Account, regardless of who conducts those activities. You are responsible for maintaining the confidentiality of any user IDs, passwords and other credentials associated with your Account, and shall immediately notify MyYogaTeacher of any actual or suspected unauthorized access to or use of your Account or any associated user IDs, passwords, or other credentials. You will cooperate fully with MyYogaTeacher and take all actions that MyYogaTeacher reasonably deems necessary to maintain or enhance the security of the Service or MyYogaTeacher’s computing systems and networks and your access to the Service. MyYogaTeacher is not and shall not be deemed liable for any loss or damage to you arising from your failure to comply with this Section.

If you are a Student or Enterprise Purchaser and have registered an Account with us, you can select from the list of Teachers that provide Training and other services via the Service. Notwithstanding the foregoing, your use of the Service and your access to Trainings is subject to any terms or restrictions of your applicable Membership Plan or any free offering made available to you by MyYogaTeacher, including, without limitation, as may relate to the type and frequency of Trainings available to you. You are solely responsible for arranging the dates and times of any Training sessions (“Sessions”) with your Teachers and for rescheduling any Sessions that are canceled.

You acknowledge that all Trainings are offered on a first-come and as-available basis. MyYogaTeacher is not responsible for any limitations on Session times or for your inability to access the Service (including your ability to participate in a particular Training at a particular time) due to issues of service volume and availability. If you experience difficulty finding a Training at a time that works with your schedule, please message the MyYogaTeacher care team from the chat window within the App or email us at care@myyogateacher.com, or call us at 1+ (855) 771-2929

The Service is interactive, in that it enables Students and Employee Users to connect in real-time to Teachers and for Teachers to connect with Students and Employee Users to provide the Training Sessions. These Sessions, whether one-on-one (“Private Sessions”), group training (“Workshops”), group classes (“Classes”), or group classes offered through Yoga with Friends (“YWF Classes”), are recorded for the limited purposes set forth herein (“Session Recordings”). You expressly consent on your own behalf and, if you are an Enterprise Purchaser, on behalf of your Employee Users, to be recorded in connection with the Sessions that you (or if you are an Enterprise Purchaser, your Employee Users) participate in through the Service, and to the use and disclosure of such Session Recordings as detailed herein.

Private Sessions

Session Recordings of Student Private Sessions are recorded for both the applicable Student and Teacher to refer to in developing future Session plans and yoga training, and for the Student’s personal yoga practice. Subject to the limited license granted below and any applicable restrictions or limitations set forth in the Restrictions section below, Session Recordings of Private Sessions are owned and viewable by the participating Student. If you are a Student, you hereby grant to MyYogaTeacher, its Teachers, employees and other personnel a perpetual, irrevocable, fully paid-up, royalty-free, worldwide right and license to access, store, view, disclose, and otherwise use the Session Recordings of any Private Session in which you participate, for the purposes of (i) planning and providing yoga training to you, (ii) conducting Teacher training and improvement and other quality assurance and customer service and support programs, and (iii) such other purposes to which you may consent. Notwithstanding the foregoing, MyYogaTeacher will not, without your consent, disclose Session Recordings of Private Sessions to Teachers other than (a) the Teacher that conducted the Private Session, and (b) other Teachers with whom you work (including, without limitation, substitute and replacement Teachers). In addition, where our internal staff view or otherwise use Session Recordings in connection with conducting Teacher training and improvement and other quality assurance and customer service and support programs, actual clips of the Session Recordings will not be shown to other Teachers without your permission. If you do not want a Teacher to view the Session Recording of any Private Session you participate in, or if you want us to delete the Session Recording of your Private Session, please contact us at recording_privacy@myYogaTeacher.com.

Classes and Workshops

Session Recordings of Classes and Workshops are recorded for conducting Teacher training and improvement and other quality assurance and customer service and support programs. All Class and Workshop SessionRecordings are owned by MyYogaTeacher and viewable by MyYogaTeacher, its Teachers and internal staff. Where you participate in a Class or Workshop as a Student, you may view the Session Recording of such Class or Workshop in connection with your personal yoga practice. Any other use, publication, or distribution of any Session Recording is prohibited.

YWF Classes

Session Recordings of YWF Classes are recorded for both the applicable Students and Teacher to refer to in developing future Session plans and yoga training and for the participating Students’ personal yoga practice. Subject to the limited license granted below and any applicable restrictions or limitations set forth in the Restrictions section below, Session Recordings of YWF Classes are owned by the Student designated as “host” with respect to the YWF Class (the “Host”), and are viewable by all participating Students. If you are the Host, you hereby grant to MyYogaTeacher, its Teachers, employees and other personnel a perpetual, irrevocable, fully paid-up, royalty-free, worldwide right and license to access, store, view, disclose, and otherwise use the Session Recordings of any YWF Class in which you are the Host, for the purposes of (i) planning and providing yoga training to you and other participating Students, (ii) conducting Teacher training and improvement and other quality assurance and customer service and support programs, and (iii) such other purposes to which you may consent. Notwithstanding the foregoing, MyYogaTeacher will not, without your consent, disclose Session Recordings of YWF Classes to Teachers other than (a) the Teacher that conducted the YWF Class, and (b) other Teachers with whom you work (including, without limitation, substitute and replacement Teachers). In addition, where our internal staff view or otherwise use Session Recordings in connection with conducting Teacher training and improvement and other quality assurance and customer service and support programs, actual clips of the Session Recordings will not be shown to other Teachers without your permission. If you do not want a Teacher to view the Session Recording of any YWF Class for which you are Host, or if you want us to delete the Session Recording of any YWF Class for which you are Host, please contact us at recording_privacy@myYogaTeacher.com.

User Submissions

The Service permits you to communicate with others, to participate in Session Recordings and to submit feedback, information, data, video, text, messages, or other content or materials in connection with the Service (collectively, "User Submissions"). As between you and MyYogaTeacher, you are solely responsible for the accuracy, integrity, legality, reliability, and appropriateness of all of your User Submissions (and if you are an Enterprise Purchaser, the User Submissions of your Employee Users). Without limiting the generality of the foregoing, you shall not (and if you are an Enterprise Purchaser, you shall ensure that your Employee Users do not) upload, input, or post any User Submissions that (i) infringe the copyright, trademark, patent, trade secret, or other intellectual property rights, privacy rights, publicity rights or any other legal or moral rights of any third party, (ii) are false, inaccurate, or misleading, (iii) violate any law (including, but not limited to, those governing export control, consumer protection, unfair competition, anti-discrimination, or false advertising), (iv) are defamatory, libelous, hateful, racially, ethnically, religiously, or otherwise biased or offensive, unlawfully threatening, or unlawfully harassing to any individual, partnership, or corporation, vulgar, sexually explicit, pornographic, obscene, or invasive of another's privacy, (v) incorporate materials from a third-party website, or addresses, email addresses, contact information, or phone numbers (other than your own), (vi) contain any viruses, worms, spyware, adware, or other potentially damaging programs or files, (vii) contain any information that you consider confidential, proprietary, or personal, or (viii) contain or constitute any unsolicited or unauthorized advertising, promotional material, junk mail, spam, chain letters, pyramid schemes, or any other form of solicitation. You further represent and warrant that you (and if you are an Enterprise Purchaser, your Employee Users) have not been and will not be compensated or otherwise granted consideration by any third party for any User Submissions submitted by you (or if you are an Enterprise Purchaser, by any Employee User).

License

In consideration of your use of the Service, you hereby grant to MyYogaTeacher an irrevocable, perpetual, transferable, non-exclusive, fully-paid, worldwide, royalty-free right and license (with right of license through multiple layers) to use, distribute, reproduce, modify, adapt, host, stream, publish, translate, publicly perform, and publicly display your (and, if you are an Enterprise Purchaser, your Employee Users’) User Submissions (or any modification thereto), in whole or in part, in any format or medium now known or later developed, for any and all MyYogaTeacher business purposes, including, without limitation, making the Service or any Training available to you or third parties. For the avoidance of doubt, MyYogaTeacher may use, and permit others to use, your User Submissions (and, if you are an Enterprise Purchaser, the User Submissions of your Employee Users) for purposes that we deem reasonable and appropriate in our sole discretion (including, without limitation, for commercial purposes or to incorporate such User Submissions or any modification thereto, in whole or in part, into any technology, product, or service), except that Session Recordings will only be used as set forth in the Recordings section set forth above. You represent and warrant to MyYogaTeacher that you have all rights necessary to grant the rights and licenses granted to MyYogaTeacher under these Terms.

MyYogaTeacher Obligations

You acknowledge and agree that MyYogaTeacher does not, nor is it obligated to, monitor or police any communications or data, information, materials, or content (including User Submissions, Participant Content or User Messaging (as defined below)) transmitted through or posted to the App, the Website, or the Service, and MyYogaTeacher will not be responsible for such data, information, materials, or content (including User Submissions, Participant Content, or User Messaging). Notwithstanding the foregoing, however, MyYogaTeacher may, at its option and in its sole discretion, monitor and review or remove or delete from the App, the Website, or the Service any data, information, materials, or content (including any User Submissions, Participant Content, or User Messaging) that MyYogaTeacher determines violates these Terms.

The Service may contain content provided by other MyYogaTeacher users, including other Teachers, Students, Enterprise Purchasers, and/or Employee Users (“Participant Content”). MyYogaTeacher is not responsible for and does not control Participant Content, including, without limitation, the accuracy or completeness of the same. You acknowledge and agree that your use (and, if you are an Enterprise Purchaser, the use by your Employee Users) of Participant Content and your (and if you are an Enterprise Purchaser, your Employee Users’) interaction with other users through the App, the Website, and/or the Service is at your own risk. YOU UNDERSTAND AND ACKNOWLEDGE THAT MyYogaTeacher DOES NOT CONDUCT BACKGROUND CHECKS ON ITS USERS, NOR DOES MyYogaTeacher ATTEMPT TO VERIFY THE ACCURACY OR COMPLETENESS OF ANY PARTICIPANT CONTENT. MyYogaTeacher MAKES NO REPRESENTATIONS OR WARRANTIES AS TO, AND SHALL NOT BE LIABLE TO YOU OR ANY OTHER PARTY FOR, THE CONDUCT OF ANY STUDENTS, ENTERPRISE PURCHASERS, OR EMPLOYEE USERS, OR FOR ANY PARTICIPANT CONTENT. YOU AGREE AND ACKNOWLEDGE THAT MyYogaTeacher WILL NOT BE RESPONSIBLE FOR ANY LIABILITY OR HARM THAT MY RESULT FROM YOUR INTERACTION (OR, IF YOU ARE AN ENTERPRISE PURCHASER, THE INTERACTION OF ANY EMPLOYEE USER) WITH OTHER USERS OF THE SERVICE.

The Service includes certain features that enable you to message Teachers and other Students or Enterprise Purchasers, including in real time (collectively, “User Messaging”). Any opinions, recommendations, offers, advice, or other information disseminated through User Messaging are those of the respective Teacher, Student, or Enterprise Purchaser (or its Employee Users), and MyYogaTeacher shall have no responsibility or liability with respect to the same. All User Messaging is subject to the requirements and restrictions set forth above with respect to User Submissions (see, Your Submissions, above). If you believe that another user has violated these Terms, including, without limitation, with respect to User Messaging or Participant Content, please promptly report the violation to MyYogaTeacher using the contact information set forth below (see, Contact Us).

You agree to use the Service solely for your personal, non-commercial use (except where you are an Enterprise Purchaser purchasing the Service for the benefit of your Employee Users in accordance with the terms and conditions hereof), in accordance with all documentation relating to the Service made available by MyYogaTeacher (as the same may be updated from time to time), and in accordance with all applicable law. You shall not and, if you are an Enterprise Purchaser, you shall ensure that your Employee Users do not,: (i) copy, reproduce, frame, mirror, modify, decompile, disassemble, create derivative works based on, or reverse engineer the Service or any associated software or materials (except to the extent that applicable law prohibits or restricts reverse engineering restrictions); (ii) copy, modify, create derivative works of, retransmit, sell, license, exploit, reuse, repost, broadcast, or otherwise distribute any content made available to you through the Service, including without limitation, Participant Content or Session Recordings; (iii) except where you are an Enterprise Purchaser providing your Employee Users access to the Service in compliance with the terms hereof, provide any third parties with access to any of the Service, or use any of the Service for time sharing or similar purposes for the benefit of any third party; (iv) sell, resell, rent or lease the Service; (v) remove any copyright or proprietary notices contained in the Service or any output thereof; (vi) breach, disable or tamper with, or develop or use (or attempt) any workaround for, any security measure provided or used by the Service; (vii) scrape or access the Service via any bot, web crawler or non-human user; (viii) access or use (or permit a third party to access or use) the Service for any unlawful purpose or for purposes of monitoring the availability, performance or functionality of the Service or for any other benchmarking or competitive purposes; (ix) misrepresent your identity, including, without limitation, by creating or attempting to create multiple Accounts for a single user or from a single IP address; (x) stalk or harass any other user of the Service; (xi) attempt to gain unauthorized access to the Service or any related systems, software or networks; (xii) access the Service in order to build a competitive product or service, or copy any features, functions or graphics of the Service; (xiii) use the Service to transmit viruses or malicious code; or (xiv) make any use of, or take any other action with respect to, the App, the Website, or the Service or any component thereof in a manner that violates applicable law or any provision of these Terms.

MyYogaTeacher expects all users of the Service, including all Students, Teachers, Enterprise Purchasers, and Employee Users, to uphold the highest standards of respect and appropriateness while using the Service. Without limiting your other obligations hereunder, you shall (and if you are an Enterprise Purchaser, ensure that each of your Employee Users), at all times when accessing or using the Service (including, without limitation, during any Training): (i) behave respectfully with the Teacher and other Students, both during Sessions and in all communications; (ii) dress appropriately for all Trainings; (iii) refrain from any use of expletives, degrading language, or sexually explicit words; and (iv) refrain from any action or conduct that could be viewed as obscene or sexually explicit.

Free trials

Your access to the Service pursuant to a Membership Plan may be preceded by a free trial (a “Trial”). We reserve the right, in our sole discretion, to determine your eligibility for a Trial. If you receive a Trial, you (and if you are an Enterprise Purchaser, your Employee Users) may only use those portions of the Service (and participate in those number and types of Trainings) included in your Trial, only for the duration of that Trial, and only for the purpose of evaluating the desirability of purchasing the Service. Upon the expiration of any Trial, your ability (or if you are an Enterprise Purchaser, the ability of your Employee Users) to schedule and participate in Trainings will cease, except where you have purchased and/or registered for a Membership Plan in accordance with the terms hereof.

Membership and Other Fees

As consideration for MyYogaTeacher’s provision of the Service hereunder, if you are a Student or Enterprise Purchaser, you shall pay to MyYogaTeacher all membership and other fees applicable to your (or, if you are an Enterprise Purchaser, your Employee Users’) access to and use of the Service (including, without limitation, your booking or participation in any Training) as set forth herein. Except where you access the Service as part of a Trial, you must have a current valid credit card or other payment method acceptable to MyYogaTeacher (“Payment Method”) in order to access or make purchases through the Service. By providing a Payment Method to MyYogaTeacher, you expressly authorize MyYogaTeacher to charge to you those membership and other fees (including sales and other taxes) applicable to your Membership Plan or other use of the Service at the applicable frequency and at the then-current rate. Membership and other fees applicable to your use of the Service shall be as posted at https://myyogateacher.com/pricing as of the payment due date. All fees are inclusive of applicable taxes charged on providing the Service. MyYogaTeacher will bill all applicable membership fees and other amounts in advance and to the Payment Method you provide during registration (or to a different Payment Method if you change your Payment Method information in your Account or provide us with a different Payment Method in connection with a purchase). ALL FEES HEREUNDER ARE FULLY EARNED UPON PAYMENT AND, EXCEPT AS SPECIFICALLY SET FORTH IN THE CANCELATIONS SECTION BELOW, ARE NON-REFUNDABLE.

Please note that our fees (including any membership fees) are subject to change at any time and in our sole discretion, provided that any change in fees will not affect Sessions that have already been paid for and booked.

Renewals

If you purchase a Membership Plan, your Membership Plan will automatically renew for additional membership terms of the same length upon expiration of your initial membership term unless and until you cancel your Membership Plan or we terminate it. YOU MUST CANCEL YOUR MEMBERSHIP PLAN BEFORE IT RENEWS FOR A RENEWAL MEMBERSHIP PERIOD IN ORDER TO AVOID BILLING OF MEMBERSHIP FEES FOR THE RENEWAL MEMBERSHIP PERIOD TO YOUR PAYMENT METHOD.

If you purchase a Membership Plan, your Membership Plan will automatically renew for additional membership terms of the same length upon expiration of your initial membership term unless and until you cancel your Membership Plan or we terminate it. YOU MUST CANCEL YOUR MEMBERSHIP PLAN BEFORE IT RENEWS FOR A RENEWAL MEMBERSHIP PERIOD IN ORDER TO AVOID BILLING OF MEMBERSHIP FEES FOR THE RENEWAL MEMBERSHIP PERIOD TO YOUR PAYMENT METHOD.

Cancelations

If you are a Student or Enterprise Purchaser, booked Sessions can be cancelled by you free of charge more than 12 hours in advance of the Session start time. If you fail to cancel a Session at least 12 hours prior to the Session start time, you will be billed the full amount for such Session. For more information on our Session cancelation policy, please see our Frequently Asked Questions page at https://myyogateacher.com/faq.

You may also cancel your Membership Plan at any time by calling us at 1+ (855) 771-2929 or by emailing MyYogaTeacher at contact@myyogateacher.com and including the phrase “CANCEL MY ACCOUNT” in the subject line; provided, however, that any such cancellation shall not become effective until the expiration of your then-current membership term. If you cancel your Membership Plan, you will continue to have access to the Service (including those Trainings for which you have paid or are otherwise entitled to access through your Membership Plan) in accordance with the terms of your applicable Membership Plan for the remainder of the then-current membership term. EXCEPT AS OTHERWISE EXPRESSLY SET FORTH HEREIN, MyYogaTeacher DOES NOT PROVIDE REFUNDS OR CREDITS WITH RESPECT TO THE SERVICE OR ANY MEMBERSHIP PLAN, INCLUDING FOR ANY INDIVIDUAL TRAININGS.

Notwithstanding the foregoing, you may choose to pause your Membership Plan without penalty through the App or by emailing MyYogaTeacher at contact@myyogateacher.com and including the phrase “PAUSE MY ACCOUNT” in the subject line. If you pause your Membership Plan, your Membership Plan will be extended by the number of days the pause was in effect. You may pause your Membership Plan up to 3 times within a 12-month period; provided, however, that the cumulative days that your Membership Plan is paused may not exceed 60 days per 12-month period

For more information on pausing, canceling, or making changes to your Membership Plan, please see our Frequently Asked Questions page at https://myyogateacher.com/faq.

The App may be available for download from one or more platforms, such as the Apple App Store or Google Play (each, an “App Store”). Your download, installation, access to or use of the App is subject to the terms and conditions and privacy policies of the applicable App Store from which you access the App (“App Store Terms”). If there is any conflict between these Terms and the App Store Terms, then these Terms will prevail. This App is independent of and is not associated, affiliated, sponsored, endorsed, or in any way linked to any App Store. You and we acknowledge that these Terms are entered into between you and us only, and not with any App Store, and we, not the App Store, are solely responsible for the App and the content thereof, as contemplated by these Terms. You and we acknowledge that we, not the relevant App Store, are responsible for addressing any claims by you or any third party relating to the App or your possession and/or use of the App, including, but not limited to: (i) any claim that the App fails to conform to any applicable legal or regulatory requirement; and (ii) claims arising under consumer protection or similar legislation. You and we acknowledge and agree that the relevant App Store, and that App Store’s subsidiaries, are third party beneficiaries of these Terms, and that, upon your acceptance of these Terms, that App Store will have the right (and will be deemed to have accepted the right) to enforce these Terms against you as a third party beneficiary thereof.

You can access the Service through the Website or through accessing the App on your Device. Where you access the Service through the App, you can use either your cellular service or a WiFi or other internet connection. If you use your cellular service, you acknowledge that your agreement with your cellular network provider (“Cellular Provider”) will apply to your use of the App and Service. You acknowledge that you may be charged by your Cellular Provider for data services or other applicable third party charges. You agree that you are solely responsible for your use of the Service on your Device, for your adherence to your Cellular Provider’s terms and conditions, and for all costs arising from or relating to the foregoing. If you are not the bill payer for the Device being used to access the App, you will be assumed to have received permission from the bill payer for using the App.

By using the Service, you consent to receiving electronic communications from us at the email address you provide in your Account. These electronic communications may include notices about applicable fees and charges, transactional information and other information concerning or related to the Service. These electronic communications are part of your relationship with us. You agree that any notices, agreements, disclosures or other communications that we send you electronically will satisfy any legal communication requirements, including that such communications be in writing.

By using the Service, you consent to receiving electronic communications from us at the email address you provide in your Account. These electronic communications may include notices about applicable fees and charges, transactional information and other information concerning or related to the Service. These electronic communications are part of your relationship with us. You agree that any notices, agreements, disclosures or other communications that we send you electronically will satisfy any legal communication requirements, including that such communications be in writing.

Our Use of Personal Information

You acknowledge and agree that information collected by MyYogaTeacher is subject to our Privacy Policy. By accessing, using, or otherwise participating in the Service, you consent to all actions we take with respect to your information in compliance with our Privacy Policy.

Your Use of Personal Information

Through your use of the Service, including, without limitation, your participation in Trainings, you may be provided or receive access to the personal information of other users of the Service, including Teachers and Students (“User Information”). You agree that you shall only access or use User Information exclusively for the purpose for which it was provided or made available to you. You may not disclose, sell, rent, or distribute any User Information to a third party for any purpose not directly related to and necessary for your use of the Service. Additionally, you may not use User Information for marketing purposes, including via electronic or other means, unless you obtain the consent of the specific user to do so.

MyYogaTeacher Intellectual Property

As between you and MyYogaTeacher, the App, the Website, and the Service, and all software and other technologies embodied in or used to provide any of the foregoing, and all intellectual property rights therein or relating thereto, are and shall remain the exclusive property of MyYogaTeacher. No rights are granted to you other than as expressly set forth herein.

Additionally, “MyYogaTeacher” and all associated logos are trademarks that belong to MyYogaTeacher. Other trademarks, names and logos seen on the Service are the property of their respective owners. Unless otherwise specified in these Terms, the Service and all materials provided through the Service are the sole and exclusive property of MyYogaTeacher and are protected under United States and international copyright law. Except as otherwise required or limited by applicable law, any reproduction, distribution, modification, retransmission, or publication of any copyrighted material is strictly prohibited without the express written consent of the copyright owner or licensor.

User Submission

As between you and MyYogaTeacher, but subject to the licenses granted to MyYogaTeacher under these Terms, you own all right, title and interest in and to your User Submissions.

Feedback

To the extent you provide MyYogaTeacher with any suggestions, feature requests, evaluation results, feedback, or other input in relation to any aspect of the App, the Website, or the Service (collectively, “Feedback”), you hereby assign and agree to assign to MyYogaTeacher all right, title and interest in and to such Feedback, including any intellectual property rights therein, and agree that MyYogaTeacher will be free to use such Feedback in any manner, including by implementing such Feedback in the App, the Website, the Service, and/or MyYogaTeacher’s other technologies, products and services, without compensation or other obligation to you.

Data Use

Without limiting any of MyYogaTeacher’s other rights hereunder, MyYogaTeacher shall have the right to collect, examine, extract, model, manipulate, aggregate, collate, analyze, create analysis using, reproduce and otherwise use, on a de-identified basis, any information, including, without limitation, usage information, that MyYogaTeacher learns, acquires or obtains in connection with these Terms, within the scope of its regular business operations, including, without limitation, (i) developing, operating, and ensuring the integrity of data sets, algorithms or other analytical tools, (ii) testing, implementing, benchmarking, integrating, developing, optimizing or improving MyYogaTeacher software and other products and services, and (iii) marketing, distributing, or otherwise making MyYogaTeacher products and services available to its customers.

The Service may contain links to or otherwise utilize or allow you to access third party applications and services (“Third Party Services”) that are not owned or controlled by MyYogaTeacher. When you access third party websites or Third Party Services, you do so at your own risk. MyYogaTeacher encourages you to be aware when you leave the Service and to read the terms and conditions and privacy policy of each third-party website or Third Party Service (“Third Party Terms”) that you visit or from which you access any product or service. MyYogaTeacher has no control over, and assumes no responsibility for, the content, accuracy, Third Party Terms, or practices of any third-party website or Third Party Service. In addition, MyYogaTeacher will not and cannot monitor, verify, censor, or edit the content of any third-party website or Third Party Service. When you (or if you are an Enterprise Purchaser, any Employee Users) visit or use a third party’s website or Third Party Service, you acknowledge that such website or Third Party Service is subject to the applicable Third Party Terms, and you release us from any liability arising from your use of such websites or Third Party Service. You acknowledge that we are not responsible for such third parties or their products or services. Any such activities, and any Third Party Terms associated with such activities, are solely between you and the applicable third party.

THE APP, THE WEBSITE, AND THE SERVICE (INCLUDING ANY TRAININGS) ARE PROVIDED TO YOU ON AN “AS IS” AND “AS AVAILABLE” BASIS, WITHOUT WARRANTIES OF ANY KIND, AND MyYogaTeacher HEREBY DISCLAIMS ALL WARRANTIES, WHETHER EXPRESS, IMPLIED, STATUTORY, OR OTHERWISE, INCLUDING BUT NOT LIMITED TO ANY IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, QUALITY, TITLE, AND NON-INFRINGEMENT. NEITHER MyYogaTeacher NOR ANY PERSON ASSOCIATED WITH MyYogaTeacher MAKES ANY REPRESENTATION OR WARRANTY WITH RESPECT TO THE COMPLETENESS, SECURITY, RELIABILITY, QUALITY, ACCURACY, OR AVAILABILITY OF THE APP, THE WEBSITE, OR THE SERVICE (INCLUDING ANY TRAININGS). WITHOUT LIMITING THE FOREGOING, NEITHER MyYogaTeacher NOR ANYONE ASSOCIATED WITH MyYogaTeacher REPRESENTS OR WARRANTS THAT THE APP, THE WEBSITE, OR THE SERVICE (INCLUDING ANY TRAININGS), OR ANY RESULTS GENERATED THEREFROM, WILL BE ACCURATE, RELIABLE, ERROR-FREE, OR UNINTERRUPTED, THAT DEFECTS WILL BE CORRECTED, THAT THE APP, THE WEBSITE, OR THE SERVICE OR THE SERVERS THAT MAKE THEM AVAILABLE ARE FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS, OR THAT THE APP, THE WEBSITE, OR THE SERVICE (INCLUDING ANY TRAINING) WILL OTHERWISE MEET YOUR NEEDS OR EXPECTATIONS. MyYogaTeacher MAKES NO REPRESENTATIONS OR WARRANTIES AS TO THE SAFETY OR APPROPRIATENESS OF YOUR (OR IF YOU ARE AN ENTERPRISE PURCHASER, YOUR EMPLOYEE USERS’) PARTICIPATION IN THE SERVICE OR ANY TRAINING, OR THAT YOU (OR IF YOU ARE AN ENTERPRISE PURCHASER, YOUR EMPLOYEE USERS) WILL RECEIVE ANY SPECIFIC RESULTS OR HEALTH BENEFITS FROM PARTICIPATING IN THE SERVICE OR ANY TRAINING. YOU AGREE AND ACKNOWLEDGE THAT MyYogaTeacher IS NOT A PROVIDER OF MEDICAL SERVICES AND THAT NOTHING PROVIDED TO OR MADE AVAILABLE TO YOU (OR, IF YOU ARE AN ENTERPRISE PURCHASER, TO ANY EMPLOYEE USER) THROUGH THE SERVICE, INCLUDING ANY TRAINING OR TEACHER DIRECTION OR INSTRUCTION, SHALL CONSTITUTE MEDICAL ADVICE. YOU (AND IF YOU ARE AN ENTERPRISE PURCHASER, YOUR EMPLOYEE USERS) PARTICIPATE IN TRAININGS AT YOUR OWN RISK. MyYogaTeacher FURTHER MAKES NO REPRESENTATIONS OR WARRANTIES, AND DISCLAIMS ANY RESPONSIBILITY OR LIABILITY FOR, THE ACTIONS OF OTHER USERS OF THE SERVICE, ANY THIRD PARTY SERVICE, OR THE QUALITY OR AVAILABILITY OF TRAININGS. AS BETWEEN YOU AND MyYogaTeacher, YOU ASSUME ALL RISK IN CONNECTION WITH YOUR (OR IF YOU ARE AN ENTERPRISE PURCHASER, YOUR EMPLOYEE USERS’) ACCESS TO AND USE OF THE APP, THE WEBSITE, AND THE SERVICE, AND YOUR (AND IF YOU ARE AN ENTERPRISE PURCHASER, YOUR EMPLOYEE USERS’) PARTICIPATION IN ANY TRAINING, AND ALL RESULTS GENERATED THEREBY OR AVAILABLE THERETHROUGH.

Some jurisdictions do not allow the exclusion or limitation of certain warranties, so some of the exclusions and/or limitations in this Section may not apply to you.

You agree to indemnify, defend, and hold MyYogaTeacher and its officers, directors, employees, agents, licensors, and service providers harmless from and against any claims, liabilities, losses, damages, judgments, awards, costs, and expenses (including reasonable attorneys’ fees) arising out of or resulting from (a) your (or if you are an Enterprise Purchaser, any Employee User’s) access to and use of the Service, the App, or the Website, or your (or if you are an Enterprise Purchaser, any Employee User’s) participation in any Training; (b) your violation (and if you are an Enterprise Purchaser, any Employee User’s violation) of these Terms or of any applicable law, rule, or regulation; (c) your negligence or willful misconduct; (d) any User Submission posted or uploaded to, or otherwise made available through, the Service; and (e) if you are an Enterprise Purchaser, any act, omission, or User Submission posted or uploaded by, any Employee User. We reserve the right, at our own expense, to assume the exclusive defense and control of any action subject to indemnification by you, and in such event you agree to cooperate with us in defending such action.

TO THE MAXIMUM EXTENT PERMITTED BY LAW, IN NO EVENT WILL MyYogaTeacher OR ITS OFFICERS, DIRECTORS, EMPLOYEES, TEACHERS, AGENTS, LICENSORS, OR SERVICE PROVIDERS BE LIABLE FOR ANY DIRECT, INDIRECT, INCIDENTAL, CONSEQUENTIAL, SPECIAL, PUNITIVE, OR EXEMPLARY DAMAGES ARISING FROM OR RELATED TO YOUR (OR, IF YOU ARE AN ENTERPRISE PURCHASER, YOUR EMPLOYEE USERS’) ACCESS TO, USE OF, OR INABILITY TO ACCESS OR USE THE APP, THE WEBSITE, OR THE SERVICE (INCLUDING ANY TRAINING), INCLUDING, BUT NOT LIMITED TO, LOSS OF REVENUE, LOSS OF PROFITS, LOSS OF BUSINESS, LOSS OF USE, LOSS OF DATA, DAMAGE TO OR LOSS OF PROPERTY, OR PERSONAL INJURY OR DEATH, WHETHER CAUSED BY TORT (INCLUDING NEGLIGENCE), BREACH OF CONTRACT, OR OTHERWISE, EVEN IF FORESEEABLE. IF, NOTWITHSTANDING THE PROVISIONS OF THIS SECTION, MyYogaTeacher IS FOUND LIABLE FOR ANY LOSS OR DAMAGE UNDER ANY LEGAL THEORY RELATING IN ANY WAY TO THE SUBJECT MATTER OF THIS AGREEMENT, IN NO EVENT WILL MyYogaTeacher’S AGGREGATE LIABILITY TO YOU OR ANY THIRD PARTY EXCEED THE TOTAL AMOUNT OF MEMBERSHIP FEES, IF ANY, PAID BY YOU TO MyYogaTeacher IN THE SIX (6) MONTH PERIOD PRECEDING THE EVENT FIRST GIVING RISE TO THE CLAIM. If you are not satisfied with the App, the Website, or the Service (including any Trainings), your sole and exclusive remedy is to cancel your Membership Plan, if any, and cease all access to and use of the App, the Website, and the Service

Some jurisdictions do not allow the limitation of liability for incidental or consequential damages or other damages or liability, so the foregoing limitations may not apply to you. To the extent that in a particular circumstance any limitation on damages or liability set forth in this Section is prohibited by applicable law, then, instead of the provisions hereof in such particular circumstance, MyYogaTeacher shall be entitled to the maximum limitations on damages and liability available at law and equity in that particular circumstance.

You and MyYogaTeacher understand and agree that the disclaimers, exclusions, and limitations in this Section and in the Section entitled “Disclaimers of Warranty” above are essential elements of this Agreement and that they represent a reasonable allocation of risk. In particular, you understand that MyYogaTeacher would be unable to make the App, the Website, or the Service available to you except on these terms and agree that this Agreement will survive and apply even if any limited remedy specified in this Agreement is found to have failed of its essential purpose.

Any DMCA Takedown Notice should be sent to: contact@myyogateacher.com. You acknowledge that for MyYogaTeacher to be authorized to takedown any content, your DMCA Takedown Notice must comply with all of the requirements of this Section.

We reserve the right, in our sole discretion, to terminate the Account or access of any user of the Service who is the subject of repeated DMCA or other infringement notifications.

We control and operate the Service from our headquarters in the United States of America and some or all of the Service may not be appropriate or available for use in other locations. If you (or, if you are an Enterprise Purchaser, any of your Employee Users) use the Service outside the United States of America, you are solely responsible for following applicable local laws.

Neither the App, the Website, the Service, nor their respective underlying technologies may be downloaded to or exported or re-exported: (i) into (or to a resident or national of) any country subject to United States embargo; (ii) to anyone on the U.S. Department of the Treasury’s list of Specially Designated Nationals or on the U.S. Department of Commerce’s Denied Party or Entity List; and (iii) to any prohibited country, person, end-user, or entity specified by U.S. export laws. When using the App, the Website, or the Service, (and, if you are an Enterprise Purchaser, when you allow any Employee User to do the same) you are responsible for complying with trade regulations and both foreign and domestic laws (e.g., you are not located in a country that is subject to a U.S. government embargo, or that has been designated by the U.S. government as a "terrorist supporting" country, and you are not listed on any U.S. government list of prohibited or restricted parties).

Please read this Section carefully. It impacts the rights that you may otherwise have. It provides for resolution of most disputes through individual arbitration instead of trial courts and class actions. This “Arbitration; Jury Waiver; Class Action Waiver” section survives any expiration or earlier termination of these Terms.

You and we agree that any dispute, claim, or controversy between you and us arising in connection with or relating in any way to this Agreement or the Service will be determined by binding individual (not class) arbitration. You and we further agree that the arbitrator shall have the exclusive power to rule on his or her own jurisdiction, including any objections with respect to the existence, scope or validity of this provision or to the arbitrability of any claim or counterclaim. Arbitration is more informal than a lawsuit in court. THERE IS NO JUDGE OR JURY IN ARBITRATION, AND COURT REVIEW OF AN ARBITRATION AWARD IS LIMITED. There may be more limited discovery than in court. The arbitrator must follow this Agreement and can award the same damages and relief as a court (including attorney fees), except that the arbitrator may not award any relief, including declaratory or injunctive relief, benefiting anyone but the parties to the arbitration.

You and we both agree that nothing in this arbitration provision (“Arbitration Provision”) will be deemed to waive, preclude, or otherwise limit either of our rights, at any time, to (1) bring an individual action in a U.S. small claims court, or (2) bring an individual action seeking only temporary or preliminary individualized injunctive relief in a court of law, pending a final ruling from the arbitrator. In addition, this Arbitration Provision doesn’t stop you or us from bringing issues to the attention of federal, state, or local agencies. Such agencies can, if the law allows, seek relief against us on your behalf (or vice versa).

YOU AND WE AGREE THAT EACH MAY BRING CLAIMS AGAINST THE OTHER ONLY IN YOUR OR ITS INDIVIDUAL CAPACITY AND NOT AS A PLAINTIFF OR CLASS MEMBER IN ANY PURPORTED CLASS OR REPRESENTATIVE ACTION. Unless both you and we agree, no arbitrator or judge may consolidate more than one person’s claims or otherwise preside over any form of a representative or class proceeding. The arbitrator may award injunctive relief only in favor of the individual party seeking relief and only to the extent necessary to provide relief warranted by that party’s individual claim. If a court decides that applicable law precludes enforcement of any of this paragraph’s limitations as to a particular claim for relief, then that claim (and only that claim) must be severed from the arbitration and may be brought in court.

Any arbitration between you and MyYogaTeacher will take place under the Consumer Arbitration Rules of the American Arbitration Association (“AAA”) then in force (the “AAA Rules”), as modified by this Arbitration Agreement. You and MyYogaTeacher agree that the Federal Arbitration Act applies and governs the interpretation and enforcement of this provision (despite any choice of law provision). The AAA Rules, as well as instructions on how to file an arbitration proceeding with the AAA, appear at adr.org, or you may call the AAA at 1-800-778-7879. In accordance with the AAA Rules, you must also send a copy of your written demand for arbitration to AAA when submitting your request to MyYogaTeacher. In the event that the AAA is unable or unwilling to initiate arbitration within 14 days of receiving a demand for arbitration, arbitration may be conducted by JAMS, Inc. (in accordance with its Streamlined Arbitration Rules & Procedures) or by any other mutually agreeable arbitration administration service.

Any arbitration hearings will take place in the county of your residence address, provided that (a) we may request the hearings be transferred to San Francisco, California if we pay any additional cost you may incur as result or such transfer, and (b) if the claim is for $25,000 or less, you or MyYogaTeacher may choose whether the arbitration will be conducted (1) solely on the basis of documents submitted to the arbitrator; or (2) through a non-appearance based telephonic hearing.

If you choose to file an arbitration proceeding and you are required to pay a filing fee, we will reimburse you for that filing fee, unless your claim is for greater than US $10,000, in which case you will be responsible for the filing fee. We will pay any other arbitration fees, including your share of arbitrator compensation, unless otherwise required by AAA rules or court order. Regardless of the manner in which the arbitration is conducted, the arbitrator shall issue a reasoned written decision sufficient to explain the essential findings and conclusions on which the decision and award, if any, are based. The arbitrator may make rulings and resolve disputes as to the payment and reimbursement of fees or expenses at any time during the proceeding and upon request from either party made within 14 days of the arbitrator’s ruling on the merits.

If this arbitration provision is invalidated in whole or in part, the parties agree that the exclusive jurisdiction and venue described in the Governing Law and Venue Section, below, shall govern any claim in court arising out of or related to the Terms or the Service.

ANY CAUSE OF ACTION OR CLAIM YOU MAY HAVE ARISING OUT OF OR RELATING TO THESE TERMS OR THE SERVICE MUST BE COMMENCED WITHIN ONE (1) YEAR AFTER THE CAUSE OF ACTION OR CLAIM ACCRUES, OTHERWISE SUCH CAUSE OF ACTION OR CLAIM IS PERMANENTLY BARRED.

Service Availability

You agree and acknowledge that the App, the Website, and/or the Service may be temporarily unavailable due to maintenance or other development activities. MyYogaTeacher will use commercially reasonable efforts to provide you with advance notice of any such unavailability, but shall not have any liability to you or any other party for any planned or unplanned unavailability or downtime.

Force Majeure

We will not be liable for any delay or failure in the performance of our obligations under these Terms if the delay or failure is due to any cause outside of our reasonable control.

Assignment

You may not assign or transfer any rights to any other person without MyYogaTeacher’s prior written consent. Any purported assignment in violation of this paragraph is void and of no effect. This Agreement shall be binding on the parties and their permitted successors and assigns. Except as expressly set forth herein, a person who is not a party to these Terms has no right to benefit under or to enforce any term of these Terms.

Governing Law and Venue

These Terms and any dispute or claim arising out of or related to these Terms, their subject matter, or their formation (in each case, including non-contractual disputes or claims) shall be governed by and construed in accordance with the laws of the State of California, other than such laws and case law that would result in the application of the laws of a jurisdiction other than the State of California. The United Nations Convention on Contracts for the International Sale of Goods shall have no applicability. Any dispute between the parties that is not subject to arbitration or cannot be heard in small claims court will be resolved in the state or federal courts located in San Francisco, California.

Notices

Except as otherwise set forth herein, any notice given under these Terms by any party to another party must be in writing and sent by email, and will be deemed to have been given upon transmission. Notices to MyYogaTeacher must be sent to contact@myyogateacher.com. Notices to you will be sent to any email address associated with your Account.

Severability and Waiver

If any part or provision of these Terms is held by a court of competent jurisdiction to be invalid, unenforceable, or in conflict with the law, that part or provision shall be replaced with a provision which, as far as possible, accomplishes the original purpose of that part or provision, and the remainder of these Terms will continue in full force and effect. Our failure to exercise or enforce any right or provision of these Terms will not constitute a waiver of such right or provision. If we waive any breach of these Terms, such waiver will not constitute a waiver of any other breach. No waiver will be effective unless made in writing.

Entire Agreement

These Terms, together with the Privacy Policy and, if you are a Teacher, your Teacher Agreement, constitute the sole and entire agreement between you and MyYogaTeacher with respect to the subject matter hereof, and supersede and extinguish all prior agreements, representations (whether oral or written), and understandings regarding such subject matter. Any provision of these Terms that should, by their nature, survive termination of these Terms shall so survive termination. Without limiting the generality of the foregoing, the following Sections shall survive any termination of these Terms: “Assumption of Risk; Release”; “Your Submissions”; “Content from other Users”; “Content Transmitted through the Service”; “Restrictions”; “Accessibility”; “Privacy”; “Intellectual Property”; “Third Party Applications”; “Disclaimer of Warranties”; “Indemnity”; “Limitation of Liability”; “Arbitration; Jury Waiver; Class Action Waiver”; and “General”.

If you have any questions about these Terms or otherwise need to contact us for any reason, you can reach us at contact@myyogateacher.com. You may report a complaint, if you are a resident of California, to the Complaint Assistance Unit of the Division of Consumer Services at the California Department of Consumer Affairs by telephone at (800) 952-5210 or by mail at 400 R Street, Sacramento, CA 95814, United States.