TERMS & CONDITIONS OF USE AGREEMENT

in effect as of April 1, 2014

These Terms & Conditions of Use Agreement (hereinafter, the “Agreement”) applies to the mobile, tablet and internet versions of the lowerbackyoga.com website.

BY USING THIS WEBSITE, YOU HAVE READ THIS AGREEMENT AND CONSENT TO ITS TERMS FULLY AND COMPLETELY

lowerbackyoga.com website (hereinafter the "Website") is fully owned and operated by Centre de Yoga – La Source s.àr.l. (hereinafter «La Source») located in Luxembourg.

Your Acceptance of this Agreement

By accessing and using the Website, you agree, without limitation or qualification, to be legally bound by this Agreement. If you do not accept the terms of this Agreement, we request that you leave the Website and discontinue use immediately.

Age Requirement and Ability to Accept Terms of Service

La Source’s content is not directed to persons under eighteen (18) years of age, and by providing information about yourself to La Source, you are (i) representing that you are eighteen (18) years of age or older and (ii) are fully able and competent to enter into this binding Agreement, conditions, obligations, affirmations, representations, and warranties set forth in this Agreement, and to abide by and comply with this Agreement.

Health Disclaimer

The Website offers access to recorded yoga classes intended to reduce lower back discomfort. In the future, La Source may offer private lessons via an internet teleconferencing program.

La Source offers no health guarantees of any kind for any of its recorded classes or services.

None of La Source's recorded classes shall be considered as a substitute for medical treatment of any kind. La Source is not a medical organisation and its instructors or staff cannot give you medical diagnosis or treatment. We urge you to consult your physician before practicing any portion of the recorded classes or taking a private online lesson. You acknowledge that you have had such an opportunity to consult with your physician before entering into this agreement.

No Warranty

The nature and severity of lower back conditions can and does vary from person to person. If you feel the slightest discomfort while executing a particular practice, you agree to stop that practice immediately. If you find that your condition has worsened during the subscription period, you agree to discontinue use with no recourse or refund.

Liability Waiver

You recognise that there are certain inherent risks of injury or further injury associated with this physical activity. You accept that it is your sole responsibility to judge your physical and mental capacities for the practices, positions and exercises referred to in the iphone apps and online lower back classes or private lessons via internet teleconferencing, and you take full responsibility to select the appropriate level for your skills and abilities as well as for any physical or mental conditions and/or limitations you have, and not to exceed your limits while performing such activity.

You understand that the instructor of the iphone apps and online classes or private lesson via internet teleconferencing may suggest physical adjustments or the use of equipment, and it is your sole responsibility to determine if any such suggested adjustments or equipment is appropriate for your level of ability and physical and mental condition. You acknowledge that you are under no obligation to carry out all instructions, and you do so at your own risk.

You assume full responsibility for personal injury to yourself and expressly waive and release any claim that you may have at any time for injury, loss or damage of any kind against La Source, or any person or entity involved with La Source, including without limitation its directors, principals, instructors, independent contractors, employees, agents, contractors, affiliates and representatives arising out of your use of any part or whole of the lower back class whether caused by the fault of yourself or other third parties.

Account Responsibility

Upon registering on the Website, you will be required to check a box accepting the entirety of this Agreement and to check a box accepting the liability waiver described above to complete your online account registration.

You agree to provide honest and current information when filling out the Website’s registration and to update such information to maintain its accuracy. If we suspect that such information is inaccurate or misleading, La Source may suspend or cancel your account at any time with or without notice and without any liability to La Source.

You will be required to provide certain personal data and password. If you indicate a user name that, in our sole discretion, is obscene or indecent, we reserve the right, without prior notice to you, to automatically change your user name, delete your public posts from the Website and deny you access.

Upon registering, you agree to maintain the confidentiality of your user name and password. You may not share, give or sell your user name or password to any other person or entity. You are responsible for all activities that occur under your account. Use of your account by persons other than yourself is grounds for termination of your account at any moment and without liability to La Source. You agree to notify La Source immediately of any use of your account by other persons or any other breach of security.

La Source will not be held liable for any loss or damage arising from your failure to comply with this Agreement.

Additional User Responsibility

Viewing video and audio material on the Website requires broadband access. The online app may take a full-minute to load even with broadband access.

La Source will consider excessive viewings or logins by any Subscriber as fraudulent use of the Website. At its own discretion, La Source may terminate any account that it believes has been or is being used fraudulently without refund.

If any subscription is terminated due to a violation of this Agreement, La Source will not refund or be liable to the Subscriber. Subscribers may cancel their membership at any time.

When you purchase a subscription, you will be charged at the rate indicated at the time of your subscription. Annual renewal rates may vary.

User Behavior

You are in violation of this agreement and subject to immediate account termination without recourse if you use the public comment section to post or transmit Material (text, messages, photographs, graphics, video, music, or other content) that in our sole discretion we deem:

  • offensive to or exploitive of La Source, other Users, or the general public at large;
  • solicits passwords or personal details of others;
  • contains restricted or password-only access pages or hidden pages;
  • provides personal information or photographs of people other than yourself;
  • violates intellectual property of others or falsify or delete any author attributions;
  • involves advertising or promotional commercial activities;
  • involves the transmission of spam;
  • contains violence, pornography, nudity, or other offensive subject matter;
  • abusive or constitutes threatening, denigrating, stalking or obscene behavior;
  • to be defamatory or libellous or violates the legal rights of others;
  • contains a virus or other harmful component.

You are also in violation of this agreement and subject to immediate account termination without recourse if you do any of the following:

  • download any file that you know should not be legally obtained in such manner;
  • collect or store personal information about other Users;
  • interfere with or disrupt the Website or server or takes any action that imposes an unreasonably large load on our infrastructure;
  • impersonate any person or entity including, but not limited to, a La Source representative.

Violation of Security Measures

You understand that the Website and any embedded software may include security components that permit digital materials to be protected, and that use of these materials is subject to usage rules set by La Source. You may not attempt to disable, interfere with or circumvent such security components including, but not limited to, the purpose of obtaining unauthorised access to the Website.

Intellectual Property Infringement Policy

La Source reserves the right in its sole discretion to immediately suspend and/or terminate access to the Service or the Website by any user who is alleged to have infringed on the intellectual property rights of La Source, or otherwise violated any intellectual property laws or regulations.

Non-commercial Use

The Website may not be used by its Users in connection with any commercial purpose. Framing of the Website within another website is strictly prohibited. Commercial advertisements and other forms of solicitation may be removed from profiles and Material without notice and may result in termination of Subscriber privileges without liability to La Source.

La Source’s Rights of Discretionary Action

La Source has the right to take any of the following actions in our sole discretion at any time and for any reason without giving you prior notice:

  • establish general practices and limits concerning use of the Website;
  • refuse, move, or remove any Material that you submit to the Website;
  • suspend or cancel your subscription to the Website;
  • deactivate or delete your account and all related information and files;
  • refuse, move, or remove any content that is available on the Website;
  • modify, suspend, or discontinue all or any part of the Website;

You agree that we will not be liable to you or any third party for taking any of these actions.

You understand and agree that the Website may include correspondence such as service announcements and administrative messages that you will not be able to opt out of.

La Source’s Proprietary Rights to all its Copyrighted Materials

All materials published on the Website, including, but not limited to, names, text, images, photographs, graphics, illustrations, animations, videos, logos, trademarks, software and other elements (collectively, "Material") are protected by copyrights, trademarks and intellectual property rights owned and controlled by La Source.

You acknowledge and agree that all Material on the Website is provided to you “AS IS” for your limited, non-commercial, personal use only. Nothing contained on this Site should be construed as granting, by implication or otherwise, any license or right to use without the expressed written consent of La Source.

When accessing and using the Website, you agree not to screen-capture, copy, record, download, reproduce, create derivative works of, distribute, display, sell, transmit, broadcast, publicly perform, license, or otherwise exploit by any person or entity without the prior expressed written consent of La Source.

You may not edit, distort, transform or otherwise modify the Material. Any unauthorised attempt to modify any Material, to defeat or circumvent any security features, or to utilise the Website or any part of the Material for any purpose other than its intended purposes is strictly prohibited and may result in account closure at the sole discretion of La Source.

User Responsibility for Posted Material

You are solely responsible for all Material that you post publicly, email privately, transmit or make available via the Website. You certify that you own all intellectual property rights in your Posted Material.

We have the right, but not the obligation, to remove any content that may, in our sole discretion, violate these Terms or that is otherwise objectionable.

Under no conditions will La Source be liable for any Material, including, but not limited to, errors or omissions within the Material, or loss or damage to the Material incurred at any time as a result of the use of any Material posted, transmitted or made available via the Website.

Preservation/Disclosure

You consent and agree that La Source may preserve any Material including, but not limited to, communication and postings by you through the Website. You consent and agree that La Source may disclose your account information and Material as required by law or in good faith that such disclosure is necessary to:

  • enforce this Agreement;
  • comply with national and international legal processes;
  • respond to claims that any Material violates the rights of third parties;
  • is necessary in connection with any investigation or complaint regarding your use of the Website, or to identify, contact or bring legal action against someone who may be causing injury to or interference with La Source’s rights or property, or the rights or property of visitors to or users of the Site;
  • protect the rights or personal safety of La Source, its Users, and the public.

License to Your Material

All comments, feedback, information, or materials that you submit through or in association with the Website shall be considered non-confidential.

You declare that your Material on the Website does not violate the privacy rights, copyrights, publishing, trademarks, patents, trade secrets, contract rights, confidentiality, or any other rights of a third party.

By posting, submitting, publishing, or transmitting any Material on the Website, you hereby grant to La Source a non-exclusive, fully-paid, royalty-free, perpetual, irrevocable, worldwide license to use, copy, edit, adapt, translate, publish, display, reproduce, transmit, distribute, and otherwise make available such Material on the Website, in print, or in any other format or media, without prior notification, compensation, or attribution to you, and without your consent.

La Source is free to use any ideas, concepts or know-how contained in such communications or Material for any purpose whatsoever including, but not limited to, developing, manufacturing, distributing and marketing products using such information, without the obligation to notify, identify or compensate you or anyone else.

If you wish to remove any Material from the Website, contact us. La Source will make a good faith effort to do so within a reasonable amount of time at its own discretion but has no obligation and makes no guarantees to remove such Material.

Despite best efforts, a back-up copy of said Material may remain on La Source's servers after the Material appears to have been removed from the Website, but may reappear inadvertently if the Website requires a restoration of data from back-up copies.

Removal of Material

Without limitation, La Source does not control the Material posted by Users via the public comment and feedback sections on the Website and cannot guarantee the accuracy or quality of such Material.

Although La Source may periodically pre-screen or monitor public comment and feedback sections, discussions, chats, postings, transmissions, bulletin boards, and the like on the Website, La Source is under no obligation to pre-screen or monitor and assumes no responsibility or liability for the content of any such locations nor for any error, falsehood, inaccuracy, omission, defamation, libel, slander, obscenity, pornography, profanity, or danger contained in any information within such locations on the Website.

You understand that you may be exposed to Material that you find offensive, indecent or objectionable or that is inaccurate, and you bear all risks associated with the use of that content.

You are prohibited from posting or transmitting any unlawful, defamatory, libellous, slanderous, obscene, pornographic, profane, threatening, scandalous, or inflammatory material or any material that could constitute or encourage conduct that would be considered a criminal offence, give rise to civil liability, or otherwise violate any law. La Source will fully cooperate with any law enforcement authorities or court order requesting or directing La Source to disclose the identity of anyone posting any such Material.

In its sole discretion, La Source reserves the right (but not the obligation) to pre-screen, edit, refuse, or remove any Material or portion thereof that is available via the Website, for any reason.

If you become aware of misuse, please contact La Source.

Term and Termination

This Agreement shall remain in full force and effect for so long as it is posted on the Website. You may terminate your relationship with La Source and the Website at any time, for any reason, by emailing us. You will not receive a refund.

If La Source believes that you have breached any of the terms of this Agreement, provided La Source with inaccurate information, or otherwise disrupted or interfered with the functioning of the Website, La Source reserves the right to terminate your account or your access to the Website at any moment with or without notice to you and without liability.

Modification and Discontinuation

Subscribers will not be entitled to a refund as a result of, any service outages that are caused by our maintenance and error correction on the servers or the technology that underlies our sites, failures of our service providers (including telecommunications, hosting, and power providers), computer viruses, natural disasters or other destruction or damage of our facilities, acts of nature, war, civil disturbance, or any other cause beyond our reasonable control.

We reserve the right to modify, suspend or discontinue, temporarily or permanently, the Website (or any portion thereof) at any time and for any reason with or without notice to Subscribers. You agree that we will not be liable to you for any such suspension or discontinuance of the Website.

Privacy Policy

La Source respects your privacy and maintains a published copy of its privacy policy on the Website.

Integration Clause

This Agreement along with the Privacy Policy and any other published legal notices by La Source on the Website, shall constitute the entire agreement between you and La Source concerning the Website and governs your use of the Website.

La Source and Third Parties

Our Website contains Content owned and controlled by La Source. La Source retains all rights, title and interest in the La Source Content. La Source hereby grants to Subscribers only a limited, revocable, non-sub-licensable license to stream or view in real time the La Source Content on the Website solely for your personal, non-commercial use. Except for Material posted by you, you may not copy, modify, translate, screen capture, publish, broadcast, transmit, distribute, perform, display, make available, or sell any Content appearing on or through the Website.

Linked-to Websites

Our Website may link to other sites owned by third parties. La Source does not assume any responsibility or liability for the accuracy of content or product offerings of such websites. It is up to you to take precautions to ensure that any information you select on such linked-to sites are free of viruses, trojan horses, and other items of a destructive nature. Before you browse any third party website, you should review the applicable terms of use and privacy policies of each such website. The inclusion of a link in any of the Website does not imply La Source's endorsement of such third party website. If you decide to access any such linked website, you do so at your own risk.

International Use

Due to the global nature of the Internet, you agree to comply with all local rules regarding online conduct and acceptable Content. Specifically, you agree to comply with all applicable laws regarding the transmission of technical data exported from Luxembourg or your country of residence.

Warranties Disclaimer

YOU AGREE THAT YOUR USE OF THE WEBSITE SHALL BE AT YOUR SOLE RISK. THE WEBSITE AND THE MATERIALS ARE PROVIDED “AS IS” AND WITHOUT WARRANTIES OF ANY KIND, EITHER EXPRESS OR IMPLIED. TO THE FULLEST EXTENT PERMITTED BY LAW, LA SOURCE, ITS OFFICERS, DIRECTORS, EMPLOYEES, AND AGENTS DISCLAIM ALL WARRANTIES, EXPRESS OR IMPLIED, IN CONNECTION WITH THE WEBSITE AND YOUR USE THEREOF. LA SOURCE MAKES NO WARRANTIES OR REPRESENTATIONS ABOUT THE ACCURACY OR COMPLETENESS OF THE WEBSITE'S CONTENT OR THE CONTENT OF ANY SITES LINKED TO THIS WEBSITE AND ASSUMES NO LIABILITY OR RESPONSIBILITY FOR ANY (I) ERRORS, MISTAKES, OR INACCURACIES OF CONTENT, (II) PERSONAL INJURY OR PROPERTY DAMAGE, OF ANY NATURE WHATSOEVER, RESULTING FROM YOUR ACCESS TO AND USE OF THE WEBSITE, (III) ANY UNAUTHORISED ACCESS TO OR USE OF LA SOURCE SECURE SERVERS AND/OR ANY AND ALL PERSONAL INFORMATION AND/OR FINANCIAL INFORMATION STORED THEREIN, (IV) ANY INTERRUPTION OR CESSATION OF TRANSMISSION TO OR FROM THE WEBSITE, (V) ANY BUGS, VIRUSES, TROJAN HORSES, OR THE LIKE WHICH MAY BE TRANSMITTED TO OR THROUGH THE WEBSITE BY ANY THIRD PARTY, AND/OR (VI) ANY ERRORS OR OMISSIONS IN ANY CONTENT OR FOR ANY LOSS OR DAMAGE OF ANY KIND INCURRED AS A RESULT OF THE USE OF ANY MATERIAL POSTED, EMAILED, TRANSMITTED, OR OTHERWISE MADE AVAILABLE VIA THE WEBSITE.

LA SOURCE WILL NOT BE A PARTY TO OR BE RESPONSIBLE FOR MONITORING ANY TRANSACTION BETWEEN YOU AND THIRD-PARTY PROVIDERS OF PRODUCTS OR SERVICES. AS WITH THE PURCHASE OF A PRODUCT OR SERVICE THROUGH ANY MEDIUM OR IN ANY ENVIRONMENT, YOU SHOULD USE YOUR BEST JUDGMENT AND EXERCISE CAUTION WHERE APPROPRIATE.

Liability Limitation

IN NO EVENT SHALL LA SOURCE, ITS OFFICERS, DIRECTORS, EMPLOYEES, OR AGENTS, BE LIABLE TO YOU FOR ANY DIRECT, INDIRECT, INCIDENTAL, SPECIAL, PUNITIVE, OR CONSEQUENTIAL DAMAGES WHATSOEVER RESULTING FROM ANY (I) ERRORS, MISTAKES, OR INACCURACIES OF CONTENT, (II) PERSONAL INJURY OR PROPERTY DAMAGE, OF ANY NATURE WHATSOEVER, RESULTING FROM YOUR ACCESS TO AND USE OF THE WEBSITE, (III) ANY UNAUTHORISED ACCESS TO OR USE OF LA SOURCE SECURE SERVERS AND/OR ANY AND ALL PERSONAL INFORMATION AND/OR FINANCIAL INFORMATION STORED THEREIN, (IV) ANY INTERRUPTION OR CESSATION OF TRANSMISSION TO OR FROM THE WEBSITE, (V) ANY BUGS, VIRUSES, TROJAN HORSES, OR THE LIKE, WHICH MAY BE TRANSMITTED TO OR THROUGH THE WEBSITE BY ANY THIRD PARTY, AND/OR (VI) ANY ERRORS OR OMISSIONS IN ANY CONTENT OR FOR ANY LOSS OR DAMAGE OF ANY KIND INCURRED AS A RESULT OF YOUR USE OF ANY MATERIAL POSTED, EMAILED, TRANSMITTED, OR OTHERWISE MADE AVAILABLE VIA THE WEBSITE, WHETHER BASED ON WARRANTY, CONTRACT, TORT, OR ANY OTHER LEGAL THEORY, AND WHETHER OR NOT THE LA SOURCE IS ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. THE FOREGOING LIMITATION OF LIABILITY SHALL APPLY TO THE FULLEST EXTENT PERMITTED BY LAW IN THE APPLICABLE JURISDICTION.

YOU SPECIFICALLY ACKNOWLEDGE THAT LA SOURCE SHALL NOT BE LIABLE FOR MATERIAL POSTED BY USERS OR THE ILLEGAL, DEFAMATORY, OR OFFENSIVE CONDUCT OF ANY THIRD PARTY AND THAT THE RISK OF HARM OR DAMAGE FROM THE FOREGOING RESTS ENTIRELY WITH YOU.

ANY REFERENCE TO A PERSON, ENTITY, PRODUCT, OR SERVICE ON THIS WEBSITE DOES NOT CONSTITUTE AN ENDORSEMENT OR RECOMMENDATION BY LA SOURCE OR ANY OF ITS EMPLOYEES. LA SOURCE IS NOT RESPONSIBLE FOR ANY THIRD PARTY CONTENT ON THE WEBSITE OR THIRD PARTY WEB PAGE ACCESSED FROM THIS WEBSITE, NOR DOES LA SOURCE WARRANT THE ACCURACY OF ANY INFORMATION CONTAINED IN A THIRD PARTY WEBSITE OR ITS FITNESS FOR ANY PARTICULAR PURPOSE.

NO COMMUNICATION OF ANY KIND BETWEEN YOU AND LA SOURCE OR A REPRESENTATIVE OF LA SOURCE SHALL CONSTITUTE A WAIVER OF ANY LIMITATIONS OF LIABILITY HEREUNDER OR CREATE ANY ADDITIONAL WARRANTY NOT EXPRESSLY STATED IN THE TERMS OF USE.

LA SOURCE RESERVES THE RIGHT TO REMOVE ANY MATERIAL POSTED ON THE WEBSITE THAT IT DETERMINES IN ITS SOLE DISCRETION IS VIOLATIVE OF ANY LAW OR RIGHT OF ANY PERSON, INFRINGES THE RIGHTS OF ANY PERSON, OR IS OTHERWISE INAPPROPRIATE FOR POSTING ON THE WEBSITE.

Limitations and Exclusions

Those who access or use the Website from other jurisdictions do so at their own volition and are responsible for compliance with local law. Some jurisdictions do not allow the exclusion of certain warranties or the limitation or exclusion of liability for incidental or consequential damages. Accordingly, in certain jurisdictions, some of the above limitations of liability may not apply to you; all other provisions of this Agreement remain in full force and effect.

Indemnity

You agree to indemnify and hold harmless La Source, officers, directors, employees, consultants, subcontractors, representatives and agents, from and against any and all obligations, damages, losses, liabilities, costs, and expenses (including but not limited to attorneys' fees and costs) in connection with any claim, including, but not limited to, claims for defamation, violation of rights of publicity and/or privacy, copyright infringement, or trademark infringement arising out of:

  • your use of the Website;
  • any use or alleged use of your account or your password by any person, whether or not authorised by you;
  • the content, the quality, or the performance of content that you submit to the Website;
  • any claim that one of your submissions of Material caused damage to a third party.
  • your violation of any third party right, including without limitation any copyright, property, or privacy right;
  • your connection to the Website;
  • your violation of these Terms;
  • your violation of the rights of any other person or entity.

We reserve the right, at our own expense, to assume the exclusive defence and control of any matter for which you are required to indemnify us, and you agree to cooperate with our defence of these claims. This defence and indemnification obligation will survive this Agreement and your use of the Website.

Assignment

This Agreement may not be transferred or assigned by you, but may be assigned by La Source without restriction.

Waiver and Severability

The failure of La Source to exercise or enforce any right or provision of this Agreement shall not constitute a waiver of such right or provision.

If any portion of this agreement between La Source and you is held to be invalid by a court of competent jurisdiction, the remainder of this agreement shall remain in full force and effect.

Statute of Limitations

You agree that regardless of any statute or law to the contrary, any claim or cause of action arising out of or related to use of the Website or this Agreement must be filed within one (1) year after such claim or cause of action arose or be forever barred.

Governing Law and Venue

This Agreement shall be governed by the laws of Luxembourg, without respect to its conflict of laws principles. Any claim or dispute between you and La Source that arises in whole or in part from the Website shall be decided exclusively by a court of competent jurisdiction located in Luxembourg.

You agree that: (a) the Website shall be deemed solely based in Luxembourg; and (b) the La Source Website shall be deemed a passive website that does not give rise to personal jurisdiction over La Source, either specific or general, in jurisdictions other than Luxembourg.

Agreement Modifications

La Source reserves the right to modify this Agreement without notice at any time and include additional provisions. Such modifications and additions will be deemed in effect from the publication date indicated at the top of this page. It is your responsibility to review this Agreement periodically for modifications and additions. Your use of the Website constitutes your binding acceptance of these Terms, including any modifications or addition that we make.

Questions

If you have any questions or comments regarding this Agreement or the Website, feel free to contact us.