Yoga By Allison Terms of Use
Last updated: June 16, 2021
This Terms of Use agreement (“Agreement”) describes the terms of your use of the website www.yogabyallison.com (“Site”), participation in any subscription service offered through the Site, or purchase/registration for any program through the Site. Yoga By Allison Inc. is an Illinois corporation (referred to hereafter as “we” or “us” or “Yoga By Allison”). By accessing or otherwise using this Site—whether as a visitor, subscriber, purchaser, or in another capacity—you (“you” or “User”) agree to be bound by the terms of this Agreement, the Yoga By Allison Privacy Policy, and the rules posted on the Site for any subscription service or program purchase (“Rules”). If you do not agree with the terms of this Agreement, the Privacy Policy, and any relevant Rules, or if you are legally unable to agree to these terms, then do not use this Site. Minors under the age of 13 may not use the Site. Anyone sharing personal information or making a registration through Yoga By Allison represents that she/he is 18 years of age or older or, if under the age of 18, that she/he has the consent of her/his parent or legal guardian.
Yoga By Allison may update or change this Agreement from time to time by posting the revised Agreement on the Site. The revised Agreement is effective immediately upon posting. You agree to be bound by any such revisions and should visit this page to determine the current terms of our Agreement. We will note the date of the last update at the top of the Agreement.
User will be responsible for obtaining and maintaining all data lines, computer software and hardware, and other equipment needed to access and use this Site. You understand your content (not including credit card information, which we neither collect nor keep) may be transferred unencrypted and involve transmission over multiple networks and changes to conform to technical requirements of connecting networks or devices. Yoga By Allison will not be liable for any damages to, or viruses that might infect, your computer or other property through your use of this Site. While we intend to make this Site accessible 24 hours per day, 7 days per week, you acknowledge that this Site may be interrupted, suspended, or terminated from time to time for any reason, including Site maintenance and interruptions in Internet service that are beyond the control of Yoga By Allison. Yoga By Allison will not be responsible for any data lost during Internet transmissions or User’s inability to make a registration with Yoga By Allison via the Site.
This Site MAY contain links to third-party websites provided by other content providers. Yoga By Allison expressly disclaims any representations regarding the content, quality, or reliability of third-party websites. You should review the applicable terms and policies, including privacy policy, of any site to which you navigate from this Site. See Yoga By Allison Privacy Policy for more information.
Yoga By Allison is committed to protecting the privacy of User information. See Yoga By Allison Privacy Policy for more information on Yoga By Allison’s privacy practices.
All prices shown on the Site are in U.S. dollars and are subject to change without notice. Taxes, if any, are additional. All items are subject to availability, and we reserve the right to reject a registration and to discontinue programs without notice, even if you have already registered. Due to the nature of the Internet, it is not possible for Yoga By Allison to restrict access to its Site to only those locations where it does business. Some or all the programs offered on the Site may not be available to Users outside of the United States. User should not consider anything on the Site as an offer to sell or as a solicitation to the public to purchase any program from Yoga By Allison in a location where such programs may not be sold. If you have a question about whether a program is or may be available in your geographic location, we encourage you to contact us.
We attempt to be as accurate as possible and eliminate errors on the Site, but we do not warrant that any description, pricing, or other information is complete, current, or error-free. In the event of an error, whether on the Site, in processing a registration, or otherwise, we reserve the right to correct such error and revise your registration accordingly if necessary (including charging the correct price) or to cancel the registration and refund any amount charged.
It is your responsibility to ensure the accuracy and completeness of the information you enter on the Site. If you do not enter complete and accurate information, we might not be able to register you for the program you request. Please check all information entered before submitting it.
Payment must be made through Authorize.Net , although you will not need to establish an Authorize.Net account. You may use only valid credit cards to pay for your registration. By submitting your registration, you represent and warrant that you are authorized to use the designated card and authorize us to charge your purchase (including any taxes and other amounts described on the Site) to that card. If the card cannot be verified, is invalid, has an expired date, or is not otherwise acceptable, your purchase may be suspended or cancelled automatically.
To access some Yoga By Allison services or programs through the Site, you may need to establish an account. You agree to protect your account access information and password and not share it with others.
Yoga By Allison maintains a “no refunds” policy, except as specified in Section 7 of this Agreement. Please verify your registration before submitting it.
“Yoga By Allison” is a trademark of Yoga By Allison and all rights in this trademark are expressly reserved. Everything located on this Site is the exclusive property of Yoga By Allison or used with the express permission of the copyright or trademark owner. Except as otherwise provided in this Agreement, none of the material may be copied, distributed, downloaded, modified, or displayed in any form or by any means without the prior written permission of Yoga By Allison or the copyright owner. Permission is granted to display, copy, distribute, and download the materials on this Site only for your considering or making a personal registration or for your participation in the programs offered, provided you do not modify the materials and that you retain all copyright and other proprietary notices contained in the materials. This permission terminates automatically if you breach any of these terms or conditions. By downloading the material from this Site, you do not acquire any ownership interest or rights to the copyrighted material. Any unauthorized use of any material contained on this Site may violate copyright laws, trademark laws, the laws of privacy and right of publicity, and communications regulations and statutes and may subject you to civil and/or criminal penalties.
If you are a copyright owner or owner’s agent and find content on the Site you believe infringes upon your copyright(s), please promptly notify the Site manager at info@yogabyallison.com or:
Website Manager
Yoga By Allison
P.O. Box 409134
Chicago IL 60640
You expressly agree that use of this site is at your sole risk. THIS SITE AND ALL INFORMATION AND PRODUCTS MADE AVAILABLE TO YOU THROUGH THIS SITE ARE PROVIDED BY YOGA BY ALLISON ON AN “AS IS” AND “AS AVAILABLE” BASIS, UNLESS OTHERWISE SPECIFIED IN WRITING. neither Yoga By Allison nor any of its affiliates, OFFICERS, DIRECTORS, employees, agents, or licensors make any REPRESENTATIONS OR WARRANTIES OF ANY KIND, EXPRESS OR IMPLIED, AS TO THE OPERATION OF THIS SITE OR THE INFORMATION AND PROGRAMS MADE AVAILABLE TO YOU THROUGH THIS SITE, INCLUDING IMPLIED WARRANTIES OF MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE.
YOGA BY ALLISON DOES NOT WARRANT THAT THIS SITE, INFORMATION, AND PROGRAMS MADE AVAILABLE THROUGH THIS SITE OR E-MAIL SENT FROM YOGA BY ALLISON ARE FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS. YOGA BY ALLISON WILL NOT BE LIABLE FOR ANY DAMAGES OF ANY KIND ARISING FROM THE USE OF THIS SITE OR FROM ANY INFORMATION OR PRODUCTS MADE AVAILABLE THROUGH THIS SITE, INCLUDING ANY DIRECT, SPECIAL, INDIRECT, INCIDENTAL, CONSEQUENTIAL, OR PUNITIVE DAMAGES, EVEN IF IT HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES, NOR WILL THE AGGREGATE LIABILITY OF YOGA BY ALLISON, WHETHER IN CONTRACT, WARRANTY, TORT (INCLUDING NEGLIGENCE, WHETHER ACTIVE, PASSIVE, OR IMPUTED), PRODUCT LIABILITY, STRICT LIABILITY, OR OTHER THEORY, ARISING OUT OF OR RELATING TO THESE TERMS OR THE PURCHASE OR USE OF ANY PROGRAMS PURCHASED THROUGH THE SITE EXCEED THE PURCHASE PRICE OF THE PROGRAM. YOUR SOLE AND EXCLUSIVE REMEDY, AND YOGA BY ALLISON’S SOLE AND EXCLUSIVE LIABILITY FOR ANY BREACH OF WARRANTY WILL BE YOUR RIGHT TO RECEIVE A REFUND FOR THE PROGRAM. IF YOU PARTICIPATE IN A RETREAT, YOU WILL BE REQUIRED TO SIGN A RETREAT PARTICIPATION AND WAIVER AGREEMENT THAT MAY FURTHER RESTRICT YOUR RECOVERY OF ANY DAMAGES.
Warranties give you specific legal rights, and you may have other rights, which vary from state to state.
You agree to defend, indemnify, and hold harmless Yoga By Allison, its affiliates, and their respective owners, directors, officers, employees, and agents from and against all claims and expenses, including attorney fees, arising out of your use of or purchase from this Site.
You agree to receive communications from Yoga By Allison in an electronic form and agree that all terms and conditions, agreements, notices, disclosures, and other communication that Yoga By Allison provides to you electronically satisfy any legal requirement that such communications would satisfy if they were in a writing. Once you make a purchase, register for a program, or sign up for the newsletter, you become a Yoga By Allison customer and may receive promotional emails from Yoga By Allison. Depending on the subscription service or program you sign up for, you may also receive text messages from Yoga By Allison. See Yoga By Allison Privacy Policy regarding what information we collect from you, how we use that information, and how you can opt out from receiving Yoga By Allison promotional emails or text messages.
Yoga By Allison may terminate its account and program offerings or this Agreement at any time for any reason without prior notice. Without limiting the foregoing, Yoga By Allison will have the right to terminate immediately your use of the Site if you violate any terms or conditions of this Agreement. The provisions of Sections 12, 13, 14, 17, 18, and 19 will survive termination of this Agreement.
To register and participate in a Yoga by Allison retreat, you will be required to sign a separate Retreat Participation and Waiver Agreement (“Waiver”). If there is any conflict between this Agreement and the Waiver, the terms of the Waiver will govern.
By using the Site, you agree that this Agreement shall be interpreted under the laws of the State of Illinois without reference to Illinois conflict of laws provisions. You further agree that, if you and Yoga By Allison cannot resolve through good-faith negotiation any dispute arising out of or related to this Agreement, the dispute will be submitted to an impartial mediator located in Cook County, Illinois for resolution. If the dispute cannot be resolved through the mediator, then you or Yoga By Allison may bring an action in a court located in Cook County, Illinois or, if a federal action, in the Northern District of Illinois. You agree to submit to the jurisdiction of and venue in such courts, waive any argument of inconvenient forum, and waive any right to a jury trial. You also agree that you or we also may bring suit in a court located in Cook County, Illinois or the Northern District of Illinois to enjoin infringement or other misuse of intellectual property rights.
User agrees that, regardless of any law to the contrary, any claim or cause of action arising out of or related to the purchase of a program or service through the Site or the Agreement must be filed within one (1) year after such a claim or cause of action arose or be forever barred.
This Agreement constitutes the entire Agreement between the parties with respect to the subject matter of the Agreement and supersedes all previous agreements. The failure by Yoga By Allison to exercise or enforce any right or provision of the Agreement will not constitute a waiver of such right or provision. No waiver by Yoga By Allison of any breach or default of this Agreement will be deemed to be a waiver of any preceding or subsequent breach or default. The section headings used in this Agreement are for convenience only and are in no way intended to describe, interpret, define, or limit the scope, extent, or intent of this Agreement. If a provision of this Agreement or its application to any person or circumstance will be invalid, illegal, or unenforceable to any extent, the remainder of this Agreement and its application will not be affected and will be enforceable to the fullest extent permitted by law. Any ambiguities in the interpretation of this Agreement will not be construed against the drafting party.
If you have any questions about this Agreement or its use by you or others, you may contact us at any time by email to info@yogabyallison.com.