TOU and Privacy | Spira Power Yoga

spirapoweryoga.com
WEBSITE VISITOR'S TERMS OF USE AGREEMENT AND PRIVACY POLICY NOTICE

Effective and last revised August, 2019

1. AGREEMENT TO WEBSITE VISITOR'S TERMS OF USE
Before accessing Spira Power Yoga LLC's ("SPIRA") web site at spirapoweryoga, please read all of the following Website Visitor's Terms of Use Agreement ("spirapoweryoga.com TOU"), including the important warnings, restrictions and disclaimers. Whenever the term "access," "accesses" or "accessing" appears in the spirapoweryoga.com TOU, it refers to and includes accessing, entering, using, viewing and/or visiting spirapoweryoga.com. By accessing spirapoweryoga.com, you (also referred to herein as the "user" or "users") confirm that you have read and understood, and agree to be bound by, all of the following spirapoweryoga.com TOU, including the important warnings, restrictions and disclaimers set forth below.

If you do not agree to be bound by all of the following warnings, restrictions and disclaimers, please exit spirapoweryoga.com immediately. You may not use or access spirapoweryoga.com, or any of its services, content, resources or facilities, if you do not agree to be bound by the spirapoweryoga.com TOU.

SPIRA may revise and update the spirapoweryoga.com TOU at any time, and your continued access to or use of spirapoweryoga.com thereafter shall constitute acceptance of such revised and updated terms. You are obliged to monitor the spirapoweryoga.com TOU as posted on spirapoweryoga.com to determine the current terms and conditions of the spirapoweryoga.com TOU, as they may be changed from time to time. By accessing spirapoweryoga.com after any such changes, you ratify, approve and agree to be bound by any such changes. If you do not agree to be bound by the current spirapoweryoga.com TOU, you must exit spirapoweryoga.com and cease all use of its content, resources and facilities. The spirapoweryoga.com was last revised August, 2019.

spirapoweryoga.com is not intended for or directed to users under the age of 18. You may not use spirapoweryoga.com or any of its content, resources or facilities if you are not of legal age to form a binding contract with SPIRA, or you are a person barred from receiving services or products under the laws of the United States or other applicable jurisdiction. By accessing spirapoweryoga.com, you acknowledge and agree that you are representing to SPIRA that you are over the age of 18 and you are of legal age to form a legally binding contract, and you are not a person barred from receiving or purchasing services or products under the laws of the United States or other applicable jurisdiction.

IMPORTANT NOTE: The spirapoweryoga.com TOU incorporates by reference, and is incorporated by reference in, various other terms, conditions and agreements that are applicable to some but not all users, including but not limited to the following documents: SPIRA Student Waiver, Contracts and Registration Agreements.

2. DISCLAIMERS AND CAUTIONARY NOTES.
Consult a Professional. SPIRA, its agents, instructors, and contributors are not engaged in rendering medical, legal, or other professional advice or other services, and the contents of spirapoweryoga.com are not intended to take the place of such advice. Please consult a physician or other appropriate professional before using any of the information, advice, goods, services or other resources that you may find on spirapoweryoga.com or other resources that may be mentioned or made accessible through spirapoweryoga.com. Please use caution and common sense in evaluating and using this or any other resource on the World Wide Web and the Internet.

No Endorsement or Guarantee by SPIRA. SPIRA does not endorse, sponsor, or guarantee any of the information, advice, goods, services, or other resources that may be mentioned or made accessible throughout spirapoweryoga.com. SPIRA does not endorse or sponsor, and is not affiliated with, the advertisers or providers of such information, advice, goods, services, or other resources. Users who post or respond to any postings on spirapoweryoga.com are not officers, directors, employees, representatives, or agents of SPIRA, and SPIRA disclaims any responsibility or liability for or to such users, and you agree that SPIRA shall have no such responsibility or liability.

No Endorsement or Affiliation With teachers, or Others. Without limiting the foregoing notice, please note the following important caution: General Disclaimer of Liability. The contents of spirapoweryoga.com, such as text, graphics, images, audio, and software, including that licensed by SPIRA to permit users to access spirapoweryoga.com, and any products or services in which any of the foregoing are embodied, are collectively referred to herein as "Content." Without limiting any of the foregoing notices and disclaimers, please note that spirapoweryoga.com and the Content are made available without warranties or guaranties of any kind, and SPIRA disclaims any liability for any injury or damage resulting from the use of spirapoweryoga.com, the Content, and/or any information, advice, goods, services, or other resources that may be mentioned or made accessible through spirapoweryoga.com.

You acknowledge that in accessing spirapoweryoga.com, information will be transmitted over local exchange, inter-exchange, and Internet backbone carrier lines and through routers, switches, and other devices owned, maintained, and serviced by third-party local exchange and long distance carriers, utilities, Internet service providers and others, all of which are beyond the control and jurisdiction of SPIRA and its suppliers. Accordingly, SPIRA assumes no liability for or relating to the delay, failure, interruption, or corruption of the Content, or any portion thereof, or any data or other information transmitted in connection with the use of spirapoweryoga.com.

spirapoweryoga.com and the Content are provided on an "as is" basis without any warranties of any kind. SPIRA, its licensors, and its suppliers, to the fullest extent permitted by law, disclaim all warranties, either express or implied, statutory or otherwise, including, but not limited to, the implied warranties of merchantability, non-infringement of third parties' rights, and fitness for any particular purpose. SPIRA, its licensors, and its suppliers make no representations or warranties about the accuracy, reliability, completeness, correctness, or timeliness of the Content. Likewise, SPIRA, its licensors, and its suppliers do not make any warranty that the Content on spirapoweryoga.com satisfies any applicable laws or government regulations.

In no event shall SPIRA, its licensors, its suppliers, or any third-party mentioned or appearing at spirapoweryoga.com be liable for any damages whatsoever (including, without limitation, actual, compensatory, incidental and consequential damages, lost profits, or damages resulting from lost data or business interruption) resulting from use or inability to use spirapoweryoga.com or the Content. This disclaimer applies to any damages or liability based on warranty, contract, tort or any other legal theory, and whether or not SPIRA is advised of the possibility of such damages or liability.

In the event that any error by SPIRA relating to the price of any service or item on spirapoweryoga.com results in a user paying a price which is higher than the correct price for such service or item, the user's sole and exclusive remedy shall be entitlement to a refund of the amount paid in excess of the correct price.

3. USER SUBMISSIONS.
Non-Confidential and Non-Infringing. Except as described herein, any communication or material that you post on spirapoweryoga.com is considered to be non-confidential. You agree that you will not upload or transmit any communication that infringes any patent, trademark, trade secret, copyright, or other proprietary rights of any party. You confirm and acknowledge that, in submitting any communication or material, including, but not limited to, text, graphics, audio, software, and/or images, (collectively the "Submitted Material") to any part of spirapoweryoga.com, you agree, represent and warrant that you own the rights in the Submitted Material or have obtained the signed, written permission of the owners of all rights in the Submitted Material, and that you grant to SPIRA a royalty-free, perpetual, irrevocable, worldwide nonexclusive license to use, reproduce, create derivative works from, modify, publish, edit, translate, distribute, perform, and display the Submitted Material alone or as part of other works in any form, media, or technology whether now known or hereafter developed, and to sublicense such rights.

No Unlawful or Objectionable Content. You agree not to use spirapoweryoga.com to upload, post, e-mail or otherwise transmit any content that is unlawful, harmful, false, threatening, abusive, harassing, defamatory, vulgar, obscene, lewd, lascivious, filthy, excessively violent, libelous, invasive of another's privacy, hateful, or racially, ethnically or otherwise objectionable.

True Name and E-Mail Address. You further agree that you will provide your true name and e-mail address when transmitting any Submitted Material to spirapoweryoga.com, and that you recognize that any submissions made under a false name or e-mail address could subject you to liability to SPIRA and/or any other affected third parties.

Suppliers, and Affiliate Organizations. Providers of goods and services whose listings are posted on spirapoweryoga.com are posted for informational purposes only. SPIRA does not endorse, sponsor, or guarantee any such listing, and SPIRA is not affiliated with the individuals or companies whose listings are posted or the individuals who respond to such listings. No warranty of any kind is made as to the accuracy of such listings, the suitability of such goods, services, and companies, and the qualifications of individuals who may have submitted such material to SPIRA for posting. All users of spirapoweryoga.com are cautioned to undertake their own independent investigation of any provider of goods and services and to satisfy themselves that they have obtained accurate and complete information and to contact such companies directly.

Other Prohibited Conduct. You agree not to access spirapoweryoga.com for any purpose except those specifically authorized by SPIRA. You agree not to engage in any activity or conduct that results, whether directly or indirectly, in the disruption or interruption of spirapoweryoga.com; the interference with access and/or use of spirapoweryoga.com by other users; the addition, deletion and/or modification of spirapoweryoga.com; the collection, recording, storage, and/or use of personal data about other spirapoweryoga.com users; the breach, or attempt to breach, the security and/or authentication features of spirapoweryoga.com; the modification, reverse engineering, decompilation, decoding, disassembly or otherwise accessing of the source code used by SPIRA in connection with spirapoweryoga.com; the use of spirapoweryoga.com to send unsolicited communications, whether personal or commercial in nature; the use of spirapoweryoga.com as a pseudonymous return e-mail address; and/or the registration or use of any domain name or keyword that contains or is confusingly similar to SPIRA and/or any trademarks owned by YOA 101. Without limiting the foregoing, and by way of example only, the user may not introduce any viruses, Trojan horses, worms, spyware, or other software of any kind whatsoever, or engage in "flooding," "spamming," "spoofing," "mail bombing," "crashing," or the forgery of any information that states or suggests a false affiliation or origin of emails and other electronic matter.

E-Mail. SPIRA will use e-mail to inform you of (i) new benefits and features associated with spirapoweryoga.com, (ii) any problems with spirapoweryoga.com, and (iii) special opportunities for e-mail account holders to purchase products and services that are appropriate to the interests of spirapoweryoga.com users.

SPIRA's Right to Edit or Remove Content. The opinions and views expressed by spirapoweryoga.com users do not necessarily represent those of SPIRA. In addition, SPIRA does not endorse, verify or support the content of such opinions or views. Users are solely and fully responsible for any content that they transmit via spirapoweryoga.com. However, SPIRA is the final arbiter of what is and is not permissible for inclusion in or attachment to e-mail transmitted via, or stored on, spirapoweryoga.com. SPIRA also reserves the right to edit, modify, or remove any content, (including but not limited to text, images, and sound files) submitted to, or transmitted via, spirapoweryoga.com and to cancel any e-mail account, at any time, for any reason without prior notice.

No Obligation to Maintain Backup Copies. SPIRA is not obligated to maintain backup copies of any material submitted to or transmitted via spirapoweryoga.com.

SPIRA's Right to Terminate User's Account. SPIRA reserves the right to terminate any user's account if such user's content or material stored or transmitted via spirapoweryoga.com violates any of the spirapoweryoga.com TOU. Actions or activities which may result in immediate termination of your e-mail account include, but are not limited to, (i) transmission or storage of material containing nudity or pornography, or material of a lewd or obscene nature, or any other material which violates local, state or federal law, (ii) any transmission or storage of material which violates or infringes in any way upon the proprietary or intellectual property rights of others, including, without limitation, copyrighted software which is distributed illegally, "MP3" files of copyrighted music, copyrighted photographs, text, video, artwork, or any other materials which infringe upon a third party's copyright, trademark or other intellectual property right, or (iii) any transmission or storage of any material that it threatening, abusive, harassing, defamatory, profane, fraudulent, racist, indecent, vulgar, invasive of privacy or publicity rights, or is otherwise objectionable.

SPIRA also reserves the right to terminate your account in the event you post content that promotes or encourages, or provides instructional information about, illegal activities such as hacking, cracking, storing or transmitting any software, information, or other material that contains a virus, corrupted data, or any other harmful or damaging component.

The personal profile information you submit to access spirapoweryoga.com may be used by SPIRA for internal marketing to its users. SPIRA reserves the right to release current or past user information in the event that SPIRA, in its sole discretion, believes, or has reason to believe, the spirapoweryoga.com e-mail service is being used in violation of the spirapoweryoga.com TOU or in violation of any local, state or federal law. By utilizing SPIRA's e-mail service, you consent to disclosure of any record or communication you have sent to any third party when SPIRA, in its sole discretion, determines such disclosure to be appropriate.

IN NO EVENT WILL SPIRA be liable for any damages including, without limitation, direct, indirect, incidental, special, consequential or punitive damages arising out of the use of or inability to use any portion of the Content available at spirapoweryoga.com. This disclaimer applies, without limitation, to any damages or injury arising from SPIRA's removal or deletion of any materials or records, breach of contract, tort, or any failure of performance, error, omission, interruption, deletion, transmission, defect, delay in operation or transmission, computer virus, file corruption, communication-line failure, network or system outage, theft, destruction, or unauthorized access to, alteration of, or use of any record.

4. SPIRA's INTELLECTUAL PROPERTY RIGHTS – USE OF CONTENT; COPYRIGHT.
Upon acceptance of the spirapoweryoga.com TOU, SPIRA authorizes you to view the material on spirapoweryoga.com solely for your personal, noncommercial use. The Content is protected by copyright under both United States and foreign laws. Under no circumstances will your access to, or use of, spirapoweryoga.com result in you or any other user obtaining any right, title or interest in the Content, or any portion thereof. Unauthorized use of the Content may violate copyright, trademark, and other laws. Except as expressly provided otherwise, no portion of the Content may be reverse-engineered, disassembled, decompiled, reproduced, transcribed, downloaded, stored in a retrieval system, translated into any language or computer language, retransmitted in any form or by any means (electronic, mechanical, photo reproduction, recordation or otherwise), resold or redistributed without the prior written consent of SPIRA.

Other than printing one or more pages of spirapoweryoga.com for your personal, non-commercial use, you are not allowed to print any pages or screens from spirapoweryoga.com. You are also not permitted to download individual images or text items for local storage and distribution. The Content may not be distributed in a generally accessible (public) web site without the prior written consent of SPIRA, which may be withheld in SPIRA's sole and absolute discretion.

Change in Content. The Content is subject to change without notice at the sole, editorial discretion of SPIRA.

Termination of Right to Use or View Content. If you violate any of the spirapoweryoga.com TOU, your permission to access or use spirapoweryoga.com may be terminated at the sole discretion of SPIRA.

Copyrights and Trademarks of SPIRA. SPIRA reserves all rights under copyright, trademark, and other applicable law in the Content and in the trademarks and service marks of SPIRA. Any other copyrighted or trademarked material that may appear at or through spirapoweryoga.com is used either by permission of the copyright and trademark owners or for purposes of reporting and commentary pursuant to the Fair Use Doctrine under U.S. copyright law. In any event, no endorsement or sponsorship by, or affiliation with, any third parties is expressed or implied.

5. ADVERTISEMENTS.
spirapoweryoga.com may contain advertisements by third parties, and these advertisements may contain links to other web sites. Unless otherwise specifically stated, SPIRA does not endorse any product or service or make any representation regarding the content or accuracy of any materials contained in, or linked to, any advertisement on spirapoweryoga.com.

6. LINKS TO AND ACCESS THROUGH OTHER SITES.
spirapoweryoga.com may contain links to third-party web sites. Some information and content that you may elect to submit to SPIRA, including but not limited submission of training videos, online registration, and e-commerce transactions, maybe submitted through third-party sites, such as, by way of example, MindBody, Constant Contact, Vimeo and YouTube. Any such links and/or access are provided solely as a convenience to you. SPIRA is not responsible for the content of any such third-party sites, and does not make any representations regarding the content or accuracy of any materials on such third-party web sites. If you access any linked third party web site, and/or if you submit information and/or content to SPIRA through third-party sites, you do so at your own risk. Your use of third-party web sites is subject to the terms and conditions of use and privacy policies for those sites.

7. OTHER TERMS OF USE
Indemnity. You agree to defend, indemnify and hold SPIRA, its officers, directors, employees, agents, shareholders, partners, affiliates, licensors, and/or suppliers, harmless from and against any claims, actions, demands, liabilities and settlements, including, without limitation, reasonable legal and accounting fees, resulting from, or alleged to result from, your use of spirapoweryoga.com and/or its Content. SPIRA shall provide notice to you promptly of any such claim, suit, or proceeding and shall reasonably cooperate with you, at your expense, in your defense of SPIRA against any such claim, suit or proceeding.

Jurisdiction and Applicable Law. You expressly agree and consent to the exercise of personal jurisdiction in the state or federal courts located in Seattle, WA (USA) in connection with any dispute or claim relating to the spirapoweryoga.com TOU and/or spirapoweryoga.com involving you, SPIRA or its affiliates, subsidiaries, employees, shareholders, contractors, officers, directors, telecommunication providers, and content providers. The spirapoweryoga.com TOU are governed by the laws of the State of Washington without respect to its conflict of laws principles. If any provision of the spirapoweryoga.com TOU is found to be invalid by any court having competent jurisdiction, the remaining provisions of the spirapoweryoga.com TOU shall remain in full force and effect. No waiver of any of the spirapoweryoga.com TOU shall be effective unless it is in writing. You also acknowledge that any written waiver, unless expressly provided for otherwise, shall not be deemed a further or continuing waiver of such term or condition or any other term or condition.

Complete Agreement. Except as expressly provided in a particular "legal notice" on spirapoweryoga.com, or as otherwise expressly provided by SPIRA in writing, the spirapoweryoga.com TOU constitute the entire agreement between you and SPIRA with respect to your use of spirapoweryoga.com and/or the Content. If you are not willing to be bound by the spirapoweryoga.com TOU, please exit spirapoweryoga.com now.

No Refunds. Except as expressly set forth in SPIRA's Policy on Cancellation, Credit Memo, Transfer Fee and Returned Merchandise (see below), no refunds are available.

SPIRA's Policy on Cancellation, Credit Memo and Returned Merchandise. In the event that SPIRA cancels a class or training, you will be notified by phone or in writing as soon as it is practical under the circumstances. In such case, you would be entitled to a full refund, less any merchandise (including shipping and handling charges) you may choose to keep. Under no circumstances will SPIRA be liable for reimbursement of expenses incurred by you, if SPIRA notifies you or makes every reasonable effort in good faith to notify you prior to the date of the class or training. Notwithstanding the foregoing, if SPIRA cancels or postpones a class or training due to inclement weather, force of nature or any act of God, SPIRA reserves the right to reschedule another similar class or training at the original location or a convenient venue closest to the original location, within twelve months from the date of such cancellation or postponement. No refund will be due, and SPIRA will not be liable for any consequential loss resulting from such cancellation or postponement.

In the event that you notify SPIRA that you wish to cancel your class or training registration, a credit memo, which represents a credit in your account with SPIRA, will be issued for cancellation of your original registration. Under SPIRA's no refund policy, only a credit memo may be issued. A credit memo does not represent a refund, or a potential refund, but a credit with SPIRA, which may be applied towards another SPIRA course or training or merchandise for up to one year from the original registration date or the date of the original order for merchandise.

Collection and Sharing of Your Information. Our primary goal in collecting personal information is to enable us to provide you, the user, with a customized experience within spirapoweryoga.com. We conduct research on our users' demographics, interests, and behavior based upon the information you provide us at registration, during a promotion, or from surveys, as well as information generated by or maintained in our server log files. We do this to better understand and serve our users. Our research is compiled and analyzed on an aggregated basis, and, occasionally, we share this aggregated data with advertisers or business partners.

When you become a registered user of spirapoweryoga.com and/or make a purchase we may ask you for certain personal information such as your name, address, e-mail address and/or credit card number in order to establish or manage your account, process your order, administer a promotion, or send you e-mails. Providing personal information in these instances is solely your choice; you do not need to provide such information to browse spirapoweryoga.com as a visitor.

If you have become a registered user of SPIRA, provided us with your email address or communicated with us electronically, we may contact you from time to time via email with information about membership, events, products or services we are introducing, or those of approved third parties we feel you may find useful.

Classes and workshops are accessible to the public at spirapoweryoga.com. It allows interested parties – including potential clients and employers – to find classes and workshops taught by Instructors, including guest Instructors. The event, date, location, and registration information is limited to the information you provide.

We will not sell or trade your personal information to any list broker or direct mail advertisers unless you specifically give your consent to SPIRA to do so.

We use outside credit card processing company to bill users for courses, classes, goods and services. These companies do not retain, share, store or use personally identifiable information for any secondary purposes.

spirapoweryoga.com may contain links to third-party web sites. Some information and content that you may elect to submit to SPIRA, including but not limited submission of training videos, online registration, and e-commerce transactions, maybe submitted through third-party sites, such as, by way of example, MindBody. Your use of any such third-party web sites is subject to the terms and conditions of use and privacy policies for those sites.

There may be occasions when we are required by law, legal process, litigation and/or requests from public or governmental authorities to provide access to our databases, or to disclose information about you. We may also disclose information about you if we determine that disclosure is reasonably necessary to protect our operations or users, or to enforce our terms and conditions. In those instances, the information is provided only for that purpose.

You agree that, in the event that SPIRA is acquired by, merges with, or becomes aligned with another company or organization, such other company or organization shall be entitled to use your personal information under the spirapoweryoga.com TOU.

Offers for Services by Third Parties on spirapoweryoga.com. SPIRA may sometimes permit third parties to offer subscription and/or registration based services through spirapoweryoga.com. In this event, SPIRA is not responsible for any actions or policies of such third parties, and you, the user, should check the applicable privacy policy and other terms and conditions of such parties before providing any personal information.

Cookies. SPIRA may employ "cookie" technology to keep track of a user's current session and to keep track of user information between visits. Cookies are small text files stored on your computer that a web site can use to recognize repeat users and to facilitate each user's ongoing access to and use of a web site. Generally, cookies work by assigning a unique number to the user that has no meaning outside of the assigning site. You should be aware that SPIRA cannot control the use of cookies by advertisers or third parties hosting data for SPIRA.

Opt Out Procedure. You have the option to opt out of receiving information via email from SPIRA and spirapoweryoga.com. An opt out or unsubscribe message will appear at the bottom of every email that is sent out. If you no longer wish to receive email messages or any form of direct contact from spirapoweryoga.com, please contact us using the opt out procedure indicated in the opt out message, or call 206.687.7055.

Security. If you provide credit card and other financial information in connection with the online purchase of goods and services from SPIRA, such information shall be used by SPIRA (and/or third-party services engaged by SPIRA) only for the purpose of processing the payments and will not be maintained on file by SPIRA. We have installed encryption software to safeguard all of the commerce related (i.e. credit card and billing address) information you send to us. However, profile information that you submit in registering with spirapoweryoga.com is not encrypted or secured in any way. All information is stored on our servers in a secure location. It is important for you to protect against unauthorized access to your password and to your computer. If your password is compromised, please contact us immediately by calling 206.687.7055.

Reviewing or Changing Your Information. Once you have registered with spirapoweryoga.com, you will not be able to delete records of your activity or usage of spirapoweryoga.com from our database. You will, however, be able to review, update or change your personal information on file with SPIRA. To review, update or change your personal information, please contact us at 206.687.7055).

Children's Online Privacy Protection Policy. spirapoweryoga.com is not intended for or directed to users under the age of 18, and we do not knowingly or intentionally collect personally identifiable information from children under the age of 13 or other minors. Where appropriate, we take reasonable measures to determine that our users are adults of legal age and to inform minors not to submit such information to spirapoweryoga.com or in response to advertisements. If you are concerned that personal information regarding a child under the age of 13 or other minor may have been inadvertently provided to or collected by SPIRA, please contact us immediately by calling 206.687.7055 so that we may take appropriate steps to remove such information from our database.

In our continuing effort to protect the privacy interests of our users, we encourage you to voice your privacy concerns. If you have any questions or concerns about our Privacy Policy, please call 206.687.7055.