Terms

Commune Yoga Online

Terms of Service

These Terms of Service (“Terms”) are a legal agreement between you and Commune

Yoga Online, LLC (“Commune Yoga Online,” “us,” or “we”) regarding your use of

services available at www.communeyoga.online or www.communeyoga.com ,

including any downloadable software program that you are accessing or installing

on your device or personal computer and the services available through that

software program (together, the “Service”).

BY USING ANY PORTION OF THE SERVICE, YOU ARE AGREEING TO BE BOUND BY

AND ARE BECOMING A PARTY TO THESE TERMS. IF YOU DO NOT AGREE TO THESE

TERMS, DO NOT USE THE SERVICE. If you are using the Service on behalf of your

employer, you represent that you are authorized to accept these Terms on your

employer’s behalf.

Service Description

The Service is virtual yoga studio, personalized fitness support and interactive

network. Users of the Service users may rent online yoga and movement classes;

participate in a subscription; receive guided support, and receive analysis and

insights from the Service about their progress. Service about their progress. Users

may also download training materials from other users and coaches, some of which

is provided for a fee.

Eligibility

You must be 18 years of age or older to use the Service. You represent and warrant

that any profile information you submit is true and accurate and that you are 18 years

of age or older and are fully able and competent to enter into, and abide by these

Terms. The Service is not intended for those under the age of 18. Use of the Service

is void where prohibited.

Account

In order to use the Service, you must create an account. When registering for an

account, you must provide accurate and complete information and promptly update

this information to keep it current. If you provide any information that is inaccurate or

incomplete, or we have reason to believe that the information is inaccurate or

incomplete, we may suspend or terminate your account and your use of Service.

You are solely responsible for all activities that occur through your account. To

protect your account from unauthorized use, do not provide your username or

password to anyone else. Please notify us immediately of any unauthorized use of

your account or any other breach of security by sending an email

to online@communeyoga.com.

License

Subject to the terms and conditions of these Terms, Commune Yoga Online grants

you a personal, non-exclusive, non-assignable, non-transferable, revocable license

to access and use the Service, including a reasonable number of copies of any

content, material or software made available by Commune Yoga Online, for

noncommercial and personal use only.

You must comply with all applicable laws when using the Service. Except as may be

expressly permitted by applicable law or expressly enabled by a feature of the

Service, you will not, and will not permit anyone else to: (a) store, copy, modify, or

distribute any of the content made available on the Service; (b) compile or collect

any content available on the Service as part of a database or other work; (c) use any

automated tool (e.g., robots, spiders) or manual process to monitor, store, copy,

modify, distribute, or resell any content from the Service; (d) frame or otherwise

incorporate the Service or any portion of the Service as part of another website or

service; (e) reproduce, duplicate, copy, sell, resell, or exploit for any commercial

purposes any portion of the Service (including the display of third party advertising);

(f) circumvent or disable any digital rights management, usage rules, or other

security features of the Service, or any content available on the Service; (g) use the

Service in a manner that threatens the integrity, performance, or availability of the

Service; (h) remove, alter, or obscure any proprietary notices (including copyright

notices) on any portion of the Service or any content available from the Service; or (i)

include any personal or identifying information about another person in your User

Content (defined below) without that person’s explicit consent.

User Content

In connection with registration for a Commune Yoga Online account, users may

upload photos or other materials or information to the Service (“User Content”). You

agree that you will not upload User Content to the Service unless you have created

that content yourself, or you have permission from the copyright owner to do so.

Communications in chat areas, forums, bulletin boards, communities, groups, or

other public or common areas of the Service are not private communications. You

should use caution when submitting any User Content that contains your personal

information to a public or common area of the Service.

For any User Content that you upload to the Service, you grant us and our

subsidiaries, affiliates, and successors: (a) a worldwide, non-exclusive, royalty-free,

fully-paid, perpetual, irrevocable, transferable, and fully sublicensable right to use,

reproduce, modify, adapt, publish, translate, prepare derivative works of, distribute,

publicly perform, and publicly display that User Content throughout the world in any

media in connection with the Service and Commune Yoga Online’s business,

including without limitation for promoting the Service; and (b) the right to use the

name that you submit in connection with your User Content, if we choose. You retain

all rights in your User Content, subject to the rights granted to Commune Yoga

Online in these Terms. You may modify or remove your User Content via your

Commune Yoga Online Account or by terminating your Commune Yoga Online

Account, but Commune Yoga Online may, in accordance with Commune Yoga

Online’s Privacy Policy, retain in its systems and use non-personally identifiable data

that is derived from your User Content.

You agree not to upload to the Service or otherwise post, transmit, distribute, or

disseminate through the Service any material that: (i) is false, misleading, unlawful,

obscene, indecent, lewd, pornographic, defamatory, libelous, threatening, harassing,

hateful, inflammatory, abusive, abusive, inflammatory; (ii) encourages conduct that

would be considered a criminal offense or gives rise to civil liability; (iii) breaches any

duty toward or rights of any person or entity, including rights of publicity or privacy;

(iv) contains corrupted data or any other harmful, disruptive, or destructive files; (v)

advertises products or services competitive with Commune Yoga Online’s or its

partners’ products and services, as determined by Commune Yoga Online in its sole

discretion; or (vi) in Commune Yoga Online’s sole judgment, is objectionable, restricts

or inhibits any person or entity from using or enjoying any portion of the Service, or

which may expose Commune Yoga Online, its affiliates, or users to harm or liability of

any nature.

Although Commune Yoga Online has no obligation to screen, edit, or monitor any

User Content, Commune Yoga Online reserves the right, and has absolute discretion,

to remove, screen, edit, or disable any User Content at any time and for any reason

without notice. You understand that by using the Service, you may be exposed to

User Content that is offensive, indecent, objectionable, or inaccurate. We take no

responsibility and assume no liability for any User Content, including any loss or

damage to any of your User Content.

Licensed Content

Content on the Service, including User Content and Paid Content provided by other

users, has been licensed to Commune Yoga Online in accordance with various

licensing agreements between Commune Yoga Online and the persons or entities

who own the rights to that content ("Licensed Content"). Licensed Content is

protected by intellectual property laws.

The Licensed Content is provided for informational purposes only. The Licensed

Content is not intended to be a substitute for professional fitness or medical advice,

diagnosis, or treatment. Always seek the advice of your physician or other qualified

health or fitness provider with any questions you may have regarding a fitness

regimen or medical condition. Do not disregard professional advice because of

something you have read on the Service.


Any opinion, advice, statement, service, offer, or other information that constitutes

part of the Licensed Content expressed or made available via the Service are those

of the respective authors or producers and not of Commune Yoga Online or its

directors, officers, employees, agents, representatives, partners, or affiliates. Under

no circumstances will Commune Yoga Online or its directors, officers, employees,

agents, representatives, partners, or affiliates be held liable for any loss or damage

caused by your reliance on any information obtained through the Service.

Copyright Infringement

Commune Yoga Online respects the intellectual property rights of others, and asks

you to do the same. It is Commune Yoga Online’s policy to terminate the access

privileges of those who repeatedly infringe the copyright rights of others. If you

believe that your work has been posted on the Service in a way that constitutes

copyright infringement, please contact Commune Yoga Online’s copyright agent at

the address below and provide the following information: (a) an electronic or physical

signature of the person authorized to act on behalf of the owner of an exclusive right

that is allegedly infringed; (b) a description of the copyright-protected work that you

claim has been infringed; (c) the location on the Service of the material that you

claim is infringing; (d) your address, telephone number, and email address; (e) a

statement by you regarding your good faith belief that the disputed use is not

authorized by the copyright owner, its agent, or the law; and (f) a statement by you,

made under penalty of perjury, that the information in your notice is accurate and

that you are the copyright owner or authorized to act on the copyright owner’s

behalf. By submitting a copyright infringement notice, you acknowledge and agree

that Commune Yoga Online or its copyright agent may forward the information you

provide in this notice to the person who uploaded the allegedly infringing material.

You may write to Commune Yoga Online’s designated agent for notice of copyright

infringement at:

Commune Yoga Online, Inc.

Attn: Copyright Agent

313 NE 45TH st,

Seattle, WA 98105

If you believe that your removed or disabled User Content is not infringing, or that

you have the authorization or right to post and use that User Content from the

copyright owner, the copyright owner's agent, or pursuant to law, you may send a

counter-notice containing the information required by Section 512(g)(3) of the Digital

Millennium Copyright Act (17 USC § 512(g)(3)). Commune Yoga Online or its copyright

agent will forward your counter-notification to the party who submitted the original

copyright infringement claim. If the original claimant does not file an action seeking a

court order to restrain you from engaging in infringing activity related to the removed

or disabled User Content within 10 business days of receiving the counter-notice

from Commune Yoga Online, then Commune Yoga Online may, in its sole discretion,

reinstate the removed or disabled material.

Ownership; Trademarks

We, our affiliates, and our suppliers and licensors own all right, title, and interest,

including all intellectual property rights, in and to the Service. Except for those rights

expressly granted in these Terms, no other rights are granted, either express or

implied, to you.

Commune Yoga Online is a trademark of Commune Yoga Online, Inc. Other product,

brand, and company names and logos used on the Service are the trademarks or

registered trademarks of their respective owners. Any use of any of the marks

appearing on the Service without the prior written consent of NLN or the owner of

the mark, as appropriate, is strictly prohibited.

Communications with Users; User Meet-ups

When you join Commune Yoga Online, you understand and agree that you may

receive communications from the other members of the Service. You also

understand and agree that individual users are each acting independently and that

no user is Commune Yoga Online, Inc.’s representative or agent.

The Service may include tools that enable users to arrange in-person meetings.

Commune Yoga Online is not involved in arranging or supervising meetings, and has

no control over who attends meetings or the actions of any individual at any meeting.

Please use caution and good judgment when arranging or attending meetings.

You agree that you bear all risk associated with any meeting you attend, and you

agree to release us (and our officers, directors, shareholders, agents, employees,

affiliates, subsidiaries, and third party partners) from claims, demands, and damages

(actual and consequential) of every kind and nature, known and unknown, suspected

and unsuspected, disclosed and undisclosed, now and in the future, arising out of or

in any way connected with your use of the Service or any meeting you attend. You

further waive any and all rights and benefits otherwise conferred by any statutory or

non-statutory law of any jurisdiction that would purport to limit the scope of a

release or waiver.

Fees

Commune Yoga Online reserves the right to implement additional fees for the

Service at any time by providing you notice.


Certain content offered through the Service is available to you for a fee (“Paid

Content”). Commune Yoga Online uses a third-party payment processor (the

“Payment Processor”) to link your credit card account to the Service. The processing

of payments or credits, as applicable, in connection with your use of the Service will

be subject to the terms, conditions and privacy policies of the Payment Processor

and your credit card issuer in addition to these Terms. Commune Yoga Online is not

responsible for any errors by the Payment Processor. In connection with your use of

the Service, Commune Yoga Online will obtain certain transaction details, which

Commune Yoga Online will use solely in accordance with its Privacy Policy.

Access; Modifications to the Service


Commune Yoga Online does not provide you with the equipment to use the Service.

You are responsible for all fees charged by third parties to access and use the

Service (e.g., charges by ISPs or mobile carriers).


Commune Yoga Online reserves the right to modify or discontinue, temporarily or

permanently, all or a part of the Service without notice. Commune Yoga Online will

not be liable to you or to any third party for any modification, suspension, or

discontinuance of the Service.


No Support

Unless otherwise agreed by Commune Yoga Online in writing, Commune Yoga

Online is not obligated to provide any support for the Service.


Privacy

Commune Yoga Online collects registration and other information about you through

the Service. Our collection and use of this information is described in the Commune

Yoga Online Privacy Policy, which is incorporated into these Terms.


Feedback

If you provide feedback to Commune Yoga Online regarding the Service

(“Feedback”), you acknowledge that the Feedback is not confidential and you

authorize Commune Yoga Online to use that Feedback without restriction and

without payment to you. Accordingly, you hereby grant to Commune Yoga Online a

nonexclusive, royalty-free, fully-paid, perpetual, irrevocable, transferable, and fully

sublicensable right to use the Feedback in any manner and for any purpose.


Changes to Terms

We reserve the right to modify these Terms from time to time. If we modify these

Terms, we will indicate that we have done so on the Commune Yoga Online website

or otherwise provide you notice. It is your responsibility to review these Terms

regularly. Use of the Service after the effective date of a modification constitutes

your acceptance of any modified Terms.


Termination

You may terminate your use of the Service at any time by terminating your account

and deleting any Commune Yoga Online software from your device or personal

computer. Termination of your account is your sole right and remedy with respect to

any dispute with Commune Yoga Online regarding the Service or these Terms.

Commune Yoga Online may suspend or terminate your access to the Service at any

time, for any reason. If Commune Yoga Online suspects that you have violated any

provision of these Terms, Commune Yoga Online may also seek any other available

legal remedy. Your rights under these Terms will terminate automatically if you fail to

comply with any of these Terms. Upon termination, you must destroy or delete any

copy of Commune Yoga Online software in your possession.


You remain solely liable for all obligations related to use of the Service, even after

you have stopped using the Service. Neither Commune Yoga Online nor any of its

licensors, suppliers, or publishers are liable to you or to any third party for any loss

caused by any termination of the Service or termination of your access to the

Service.


Commune Yoga Online Membership

You can become a Commune Yoga Online Member by signing up to pay monthly for

unlimited access to our online classes, practice paths, or personal practice support.

There are online video programming that we offer as part of Commune Yoga Online

Membership.


Recurring Billing

The membership fee will be billed at the beginning of the paying portion of your

membership and each month or quarter or year thereafter unless and until you

cancel your membership. We automatically bill your payment method each month

on the calendar day corresponding to the commencement of your paying

membership. We reserve the right to change our billing timing, in particular, if your

payment method has not successfully been charged.


No Refunds

Payments are non-refundable and there are no credits for partially used periods.

Following a cancellation, however, you will continue to have access to your

Commune Yoga Online Membership through the end of your current billing period.


Cancellations

You may cancel your Commune Yoga Online Membership at any time for any reason.

To cancel your recurring subscription, please visit your membership settings by

logging into your account. Following a cancellation, you will lose access to all online

content you enrolled in during your membership at the end of your billing period. If

you choose to sign back up as a member, your billing date will update to the day you

paid.

Third-Party Content

We may email or provide you coupons, offers, and other specials from third parties

(collectively “Promotions”). Commune Yoga Online is not responsible for the

redemption, errors, omissions, or expiration of Promotions. All Promotions featured

as a part of the Service are subject to change without notice and we have no control

over their legality or the ability of any merchant to complete the Promotion

(including, the sale in accordance with the offer).

The Service may contain links to Web pages and content of third parties ("Third-

Party Content") as a service to those interested in this information. We do not

monitor, endorse, or adopt, or have any control over, any Third-Party Content. We

undertake no responsibility to update or review any Third-Party Content and can

make no guarantee as to its accuracy or completeness.

Additionally, if you follow a link or otherwise navigate away from the Service, please

be aware that these Terms will no longer govern. You should review the applicable

terms and policies, including privacy and data gathering practices, of any Third-Party

Content provider to which you navigate from the Service. You access and use Third-

Party Content at your own risk.

The Service may contain advertisements and promotions from third parties. Your

business dealings or correspondence with, or participation in promotions of,

advertisers other than us, and any terms, conditions, warranties, or representations

associated with such dealings, are solely between you and such third party.

Disclaimer of Warranties

YOUR USE OF THE SERVICE IS AT YOUR SOLE RISK. THE SERVICE IS PROVIDED ON

AN "AS IS" AND "AS AVAILABLE" BASIS. COMMUNE YOGA ONLINE, ITS AFFILIATES,

LICENSORS, SUPPLIERS, AND DISTRIBUTORS EXPRESSLY DISCLAIM ALL

WARRANTIES OF ANY KIND, WHETHER EXPRESS OR IMPLIED, INCLUDING, BUT

NOT LIMITED TO THE IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR

A PARTICULAR PURPOSE, TITLE, AND NON-INFRINGEMENT. Commune Yoga

Online DOES NOT WARRANT UNINTERRUPTED USE OR OPERATION OF THE

SERVICE OR THAT ANY DATA SENT BY OR TO YOU WILL BE ACCURATE,

COMPLETE, TRANSMITTED IN UNCORRUPTED FORM, OR TRANSMITTED WITHIN A

REASONABLE AMOUNT OF TIME. YOU WILL BE SOLELY RESPONSIBLE FOR ANY

DELAY OR LOSS OF ANY KIND THAT RESULTS FROM YOUR ACCESS OR USE OF

THE SERVICE, INCLUDING LOSS OF ANY LOSS OR HARM TO YOUR MOBILE DEVICE.

NO ADVICE OR INFORMATION, WHETHER ORAL OR WRITTEN, OBTAINED BY YOU

FROM COMMUNE YOGA ONLINE, THROUGH OR FROM THE SERVICE, WILL CREATE

ANY WARRANTY NOT EXPRESSLY STATED IN THESE TERMS. SOME STATES MAY

PROHIBIT A DISCLAIMER OF WARRANTIES AND YOU MAY HAVE OTHER RIGHTS

THAT VARY FROM STATE TO STATE.

Limitation of Liability

NEITHER COMMUNE YOGA ONLINE NOR ITS AFFILIATES, LICENSORS, SUPPLIERS,

OR DISTRIBUTORS WILL BE LIABLE FOR ANY INDIRECT, INCIDENTAL, SPECIAL,

CONSEQUENTIAL, OR EXEMPLARY DAMAGES, INCLUDING BUT NOT LIMITED TO,

DAMAGES FOR LOSS OF PROFITS, GOODWILL, USE, DATA OR OTHER INTANGIBLE

LOSSES EVEN IF ADVISED OF THE POSSIBILITY OF THESE DAMAGES, RESULTING

FROM YOUR ACCESS OR USE OF THE SERVICE. BECAUSE SOME STATES DO NOT

ALLOW THE EXCLUSION OR LIMITATION OF LIABILITY FOR CONSEQUENTIAL OR

INCIDENTAL DAMAGES, THE ABOVE LIMITATION MAY NOT APPLY TO YOU.

EXCEPT AS OTHERWISE EXPRESSLY SET FORTH IN THESE TERMS, THE MAXIMUM

TOTAL LIABILITY OF COMMUNE YOGA ONLINE, ITS AFFILIATES, LICENSORS,

SUPPLIERS, AND DISTRIBUTORS TO YOU FOR ANY CLAIM RELATED TO THE

SERVICE, WHETHER IN CONTRACT, TORT, OR OTHERWISE, IS THE GREATER OF

THE AMOUNT YOU PAID FOR THE SERVICE OR $10. EACH PROVISION OF THESE

TERMS THAT PROVIDES FOR A LIMITATION OF LIABILITY, DISCLAIMER OF

WARRANTIES, OR EXCLUSION OF DAMAGES IS TO ALLOCATE THE RISKS UNDER

THESE TERMS BETWEEN THE PARTIES. THIS ALLOCATION IS AN ESSENTIAL

ELEMENT OF THE BASIS OF THE BARGAIN BETWEEN THE PARTIES. EACH OF

THESE PROVISIONS IS SEVERABLE AND INDEPENDENT OF ALL OTHER

PROVISIONS OF THESE TERMS. THE LIMITATIONS IN THIS SECTION WILL APPLY

EVEN IF ANY LIMITED REMEDY FAILS OF ITS ESSENTIAL PURPOSE.


Indemnity

You will defend, indemnify and hold Commune Yoga Online, its affiliates, directors,

officers, agents, employees, and its licensors, suppliers, and Distributors harmless

from any costs, damages, expenses, and liability caused by your use of the Service,

your violation of these Terms, or your violation of any rights of a third party through

use of the Service.


Assignment

These Terms, and any rights or licenses granted under these Terms, may not be

transferred or assigned by you, but may be assigned by Commune Yoga Online

without restriction. Any assignment attempted in violation of these Terms is void.


Governing Law; Venue

These Terms will be governed by and construed in accordance with the laws of the

State of Washington, excluding its conflict of law provisions. You agree that any

judicial proceedings will be brought in and you hereby consent to the exclusive

jurisdiction and venue in the state and federal courts in Seattle, Washington.


Claims

YOU AGREE THAT ANY CAUSE OF ACTION ARISING OUT OF OR RELATED TO THE

SERVICE MUST COMMENCE WITHIN ONE YEAR AFTER THE CAUSE OF ACTION

ACCRUES. OTHERWISE, THAT CAUSE OF ACTION IS PERMANENTLY BARRED.


Waiver and Severability of Terms

The failure of Commune Yoga Online to exercise or enforce any right or provision of

these Terms will not constitute a waiver of such right or provision. Any waiver of any

provision of these Terms will be effective only if in writing and signed by Commune

Yoga Online. If any provision of these Terms is found by a court of competent

jurisdiction to be invalid, the parties nevertheless agree that the court should

endeavor to give effect to the parties’ intentions as reflected in the provision, and the

other provisions of these Terms remain in full force and effect.


Consent to Electronic Communications

By using the Service, you consent to receiving electronic communications from us.

These communications may include notices about your account and information

concerning or related to the Service. You agree that any notices, agreements,

disclosures, or other communications that we send to you electronically will satisfy

any legal communication requirements, including that such communications be in

writing.

You are solely responsible for all fees charged by your telecommunications service

provider or any other service provider related to your use of the Service, including

without limitation any SMS / text messaging fees, data charges, and other fees.


Entire Agreement

These Terms are the entire agreement between you and Commune Yoga Online

regarding your use of the Service.

Contacting Commune Yoga Online


For questions, comments, complaints, or claims related to the Service, please

contact Commune Yoga Online at:

Commune Yoga Online, Inc.

313 NE 45th St.

Seattle, WA 98105

online@communeyoga.com

Last Updated: December 20, 2020