Terms

Take a deep breath and your time reading our T&C's + Privacy Policy.

They're long and boring, yes, but important nevertheless... May the mojo be with you.

MOJO Yoga

Terms and Conditions of Use

1. Terms of Use. This website (the "Site") is operated by or on behalf of MOJO Yoga ("MOJO Yoga") for users 18 years of age or older. Please read these Terms and Conditions of Use ("Terms and Conditions") carefully. These Terms and Conditions, including all documents referenced herein, represent the entire understanding between MOJO Yoga and you regarding your use of this Site and supersede any prior statements or representations. The Site's Privacy Policy is incorporated into these Terms and Conditions by reference and is made a part hereof.

 

Access to and use of this Site is subject to all applicable laws and regulations. To the extent that access, or use of this Site would be deemed illegal by governing law, such access or use is prohibited. BY VISITING ANY AREA ON THE SITE, OR IF YOU ARE SIGNING UP FOR AN ACCOUNT THEN BY CLICKING "I HAVE READ, UNDERSTAND AND AGREE TO THE TERMS AND CONDITIONS OF USE," YOU AGREE TO THESE TERMS AND CONDITIONS. IF YOU DO NOT AGREE, DO NOT CLICK ON THE BUTTON, OPEN AN ACCOUNT WITH MOJO YOGA, OR OTHERWISE USE THE SITE. As long as you comply with these Terms and Conditions and any modifications hereto as permitted below, MOJO Yoga grants you a personal, non-exclusive, non-transferable, non-sublicensable, limited privilege to enter and use the Site.

 

2. Use of Materials. Materials on this Site (including those streamed or downloaded from the Site), including but not limited to software, images, text, graphics, music, videos, long form programs, user interfaces, logos and trademarks, along with the overall "look and feel" of the Site (collectively referred to as the "Material"), are owned or licensed by MOJO Yoga and are protected under various intellectual property laws.

 

Except as otherwise indicated on this Site, copying, reproduction, uploading, downloading, transmitting or any other use of the Material, in whole or part, without the express written permission of MOJO Yoga, is prohibited. However, if you have an Account (described below) with MOJO Yoga, you may, copy, reproduce, download, transmit and/or print individual pages contained on this Site and stream and/or download digital class videos for your personal, non-commercial use, provided you agree not to conceal, remove or alter any trademark, copyright or other notice contained on: (i) this Site; (ii) any of the Material; or (iii) any such individual pages so copied, reproduced, downloaded, transmitted or printed or digital class videos streamed or downloaded. Or, if you are a member of the press, you may access, download and use photographs available for press purposes from the “Media Downloads” section of the Site solely for your press publications provided you do not conceal, remove or alter any trademark, copyright or other notice printed on or accompanying such photographs. Your use hereunder does not grant you any ownership rights to such Material and MOJO Yoga and its licensors reserve all rights to such Material. You may not reverse engineer, decompile, disassemble, or modify any Material, or copy, reproduce, download, transmit and/or print substantial portions of this Site or the Material contained hereon without the express written permission of MOJO Yoga. Any unauthorized use of this Site and/or the Material may subject you to criminal prosecution and/or civil liability under applicable law.

 

3. Health & Safety Disclaimer. Always seek the advice of your physician or other qualified health professional before starting or changing any exercise program or making a lifestyle change. This is particularly important if you are overweight, pregnant, nursing, regularly taking medications, or have any existing medical conditions. Do not delay seeking a diagnosis or any medical advice or treatments based on information contained on this Site or in any of the Material available hereon. This Site is not intended to provide medical advice or make medical diagnoses. The Material on this Site may not be tailored to match your energy, health or fitness level. If you are concerned about whether any exercises identified on this Site or in any of the Material are right for you, do NOT do them unless and until you have cleared it with your physician. The Material available on this Site involves rigorous exercise. Make sure you exercise in a large well-lit area that is free from obstacles and that you wear comfortable clothing that doesn't inhibit movement. Stop exercising and consult your physician if you feel dizzy, faint, light-headed or if you experience any discomfort. Only you can monitor your condition during your workout. You are responsible for exercising within your limits and seeking attention and advice as appropriate. Never force or strain. You should stretch before any workout and cool down afterwards. Your failure to warm-up, cool down and stretch properly can result in personal injury. Avoid alcohol and or heavy meals for 2 hours before workouts. Drink fluids (preferably water) before, during and after workouts. The creators, owners and distributors of this Site and the Material available hereon are not responsible for any injuries you may experience as a result of your use of this Site and the Material contained hereon. By remaining on this Site and/or accessing and / or using any Material, you are accepting that you have read, understood and agreed to follow these basic instructions.

 

Participate at your own risk.

 

4. Your Account; Registration. Before you make any purchases or subscribe to any programs on the Site, you must first establish a customer account ("Account"). You are responsible for maintaining the confidentiality of your Account information, including your password, and for all activity that occurs under your Account. You agree to notify MOJO Yoga immediately of any unauthorized use of your Account or password, or any other breach of security. You may not use anyone else's password or customer account at any time. You may not attempt to gain unauthorized access to the Site. Should you attempt to do so, assist others in making such attempts, or distribute instructions, software or tools for that purpose your Account will be terminated. You agree to provide us with accurate, current and complete information about yourself and your billing information as prompted by the registration process. You may update any of your Account information, designate a different credit card to be billed, or change the applicable expiration date on your currently designated credit card, by clicking on the My Account button and selecting the appropriate link. You may not use any automatic device, program, algorithm or methodology, or any similar or equivalent manual process, to access, acquire, copy, probe, test or monitor any portion of the Site or any Material, or in any way reproduce or circumvent the navigational structure or presentation of the Site or any Material, to obtain or attempt to obtain any materials, documents or information through any means not purposely made available through the Site. You agree that you will not take any action that imposes an unreasonable or disproportionately large load on the infrastructure of the Site or any of the systems or networks comprising or connected to the Site. You are responsible for undertaking suitable precautions to scan for computer viruses and maintaining a back up of all of your data and/or equipment, and to restrict access to your computer to avoid disclosure of such items.

 

You also agree that MOJO Yoga may, in its sole discretion and without prior notice to you, terminate your access to the Site and your Account for any reason, including without limitation: (1) attempts to gain unauthorized access to the Site or assistance to others' attempting to do so, (2) overcoming software security features limiting use of or protecting any Material, (3) discontinuance or material modification of the Site or any service offered on or through the Site, (4) violations of the Terms and Conditions, (5) failure to pay for subscriptions or purchases, (6) suspected or actual copyright infringement, (7) unexpected operational difficulties, or (8) requests by law enforcement or other government agencies. You agree that MOJO Yoga will not be liable to you or to any third party for termination of your access to the Site.

 

5. Privacy; Personal Information. Please see MOJO Yoga's Privacy Policy for information concerning the collection and use of Personally Identifiable Information from this Site. As more fully described in our Privacy Policy, you must disclose certain Personally Identifiable Information to register for your Account and purchase products or services from our Site. As a condition of registering with our Site or making any purchases of any products and/or services, you represent that you have first read our Privacy Policy and consent to the collection, use and disclosure of your Personally Identifiable Information and non-personally identifiable information as described in our Privacy Policy. Our Privacy Policy's terms and conditions will change from time to time, and as a condition of browsing the Site, using any features or making any purchase, you agree that you will first review our Privacy Policy prior to making any initial or subsequent purchases.

 

While MOJO Yoga takes reasonable steps to safeguard and to prevent unauthorized access to your personal information, we cannot be responsible for the acts of those who gain unauthorized access, and we make no warranty, express, implied, or otherwise, that we will prevent unauthorized access to your private information. IN NO EVENT SHALL MOJO Yoga OR ITS AFFILIATES BE LIABLE FOR ANY DAMAGES (WHETHER CONSEQUENTIAL, DIRECT, INCIDENTAL, INDIRECT, PUNITIVE, SPECIAL OR OTHERWISE) ARISING OUT OF, OR IN ANY WAY CONNECTED WITH, A THIRD PARTY'S UNAUTHORIZED ACCESS TO YOUR PERSONAL INFORMATION, REGARDLESS OF WHETHER SUCH DAMAGES ARE BASED ON CONTRACT, STRICT LIABILITY, TORT OR OTHER THEORIES OF LIABILITY, AND ALSO REGARDLESS OF WHETHER MOJO Yoga WAS GIVEN ACTUAL OR CONSTRUCTIVE NOTICE THAT DAMAGES WERE POSSIBLE.

 

6. Digital Downloads. In addition to the requirements of Section 7 of these Terms and Conditions, you must meet the following requirements to download any video programs, music, images, artwork, text, software and other copyrightable materials (“Digital Downloads”): (i) any Digital Downloads that you purchase may only be downloaded to your Primary Computer (defined below) or transferred to Secondary Computers (defined below) or Portable Devices (defined below), and (ii) you must first be a registered user of this Site and in full compliance with this Terms of Use. If you are a member of the press and are downloading photographs from the Media Downloads section of the Site for press purposes as permitted in Section 1 above, such Digital Downloaded photographs are not restricted to your Primary or Secondary Computers or your Portable Devices. All Digital Downloads are sublicensed to end users and not sold, notwithstanding use of the terms "sell," "purchase," "order," or "buy" or similar terms on the Site or in these Terms and Conditions. Your Digital Download sublicense is nonexclusive, nontransferable, nonsublicensable and limited for use as permitted herein.

 

Standard Usage Rules. You may download Digital Downloads to a single registered personal computer ("Primary Computer"). You may then transfer the Digital Download files and backup license files to up to two (2) additional personal computers ("Secondary Computers") (but without rights to further transfer or copy from those Secondary Computers). You may play the Digital Downloads an unlimited number of times on your Primary Computer and your Secondary Computers. You shall be entitled to (A) burn (only from your Primary Computer) Digital Downloads solely for personal, non-commercial use up to ten (10) times, and (B) export Digital Downloads (solely from the Primary Computer) an unlimited number of times to a Portable Device (as defined below). The foregoing are collectively referred to as the "Standard Usage Rules", and together with any more restrictive usage rules that may be imposed by certain labels and licensors, the "Usage Rules”.

 

Different Licensors May Require More Restricted Usage Rules. Unfortunately, certain labels and licensors of digital downloads may require stricter usage rules than the Standard Usage Rules. When applicable, we will identify these more restrictive usage rules prior to your purchase of a Digital Download that is subject to any such restrictive usage rule.

 

You may only download, transfer, copy and use the Digital Downloads as stated in the particular Usage Rules for that Digital Download, which Usage Rules are hereby incorporated by reference. No other downloads, transfers, copies or uses of Digital Downloads are permitted. All other rights are reserved. As a condition of purchasing each Digital Download, you represent to MOJO Yoga that you understand and agree to the limited uses associated with a particular Digital Download's Usage Rules. Digital Downloads must be downloaded within 10 days of purchase, or such longer period if so stated on the applicable portion of the Site for the particular Digital Download. After this 10 day (or longer) period, download functionally expires.

 

Approved Electronic Devices For Digital Downloads. The Digital Downloads are sublicensed for play only upon approved electronic devices. "Approved Electronic Devices" are subject to the Usage Rules above and include the following: (i) the Primary Computer and Secondary Computer registered with this Site, and (ii) lightweight devices that receive and store supported digital files, and play them back in analog form, but which are incapable of further transferring Digital Downloads ("Portable Devices"). WITHOUT LIMITING ANY PROVISION HEREIN, MOJO Yoga MAKES NO WARRANTY THAT ANY PARTICULAR COMPACT DISC BURNER WILL BE COMPATIBLE WITH ANY DIGITAL DOWNLOAD OR THAT ANY COMPACT DISC BURNED WILL FUNCTION IN ALL COMPACT DISC PLAYERS.

 

Prohibited Uses of Digital Downloads. You may not reverse engineer, decompile, disassemble, modify or disable any copy protection or use limitation systems associated with any of the Digital Downloads. You may not play and then redigitize any of the Digital Downloads, or upload those Digital Downloads to the Internet. You may not create any "derivative works" by altering any of the Digital Downloads. You may not use the Digital Downloads in conjunction with any other third-party content (e.g., to provide sound for a film). You may not exploit any Digital Download for any commercial purposes (including the sale of bundled Digital Downloads transferred onto Approved Electronic Devices). Unauthorized distribution or use of the Digital Downloads may subject you to civil and/or criminal penalties as well as termination of your account and your access to the Site. You further agree to indemnify and hold harmless MOJO Yoga for your failure to comply with this section.

 

MOJO Yoga reserves the right to change at any time, without prior notice to you, the software required to download, transfer, copy and use or limit use of any of the Digital Downloads. The speed at which a Digital Download can be transferred to your registered personal computer depends in large part upon the bandwidth of the connection provided to you by your Internet Service Provider. You are responsible for all charges associated with use of your Internet Service.

 

7. Conditions of Sale and Payment Terms; Methods of Payment, Credit Card Terms and Taxes. To purchase any goods and/or services on our Site, you must (a) be at least eighteen (18) years of age or the applicable state age of majority, and (b) be a natural person (no corporations, partnerships or other legal entities). Prior to the purchase of any goods or services on our Site, you must provide us with a valid credit card number and associated payment information including all of the following: (i) your name as it appears on the card, (ii) your credit card number, (iii) the credit card type, (iv) the date of expiration and (v) any activation numbers or codes needed to charge your card. By submitting that information to us, you hereby agree that you authorize us to charge your card at our convenience but within thirty (30) days of credit card authorization. Unless otherwise set forth on the applicable portion of the Site for particular products or services, all sales of products and services are final and all charges from those sales are nonrefundable.

 

Membership Billing:

Subscription memberships are billed monthly and are renewed automatically. MOJO Yoga memberships are billed either monthly, semi-annually, or yearly and are renewed automatically. There is no minimum obligation, no refunds, and members may cancel anytime. Membership must be canceled prior to the renewal date in order to end membership charges.

 

For any form of payment we offer or accept, you hereby agree to all restrictions, terms and conditions associated with such form of payment. Your card issuer agreement governs your use of your designated card, and you must refer to that agreement and not these Terms and Conditions to determine your rights and liabilities as a cardholder. YOU, AND NOT MOJO Yoga, ARE RESPONSIBLE FOR PAYING ANY UNAUTHORIZED AMOUNTS BILLED TO YOUR CREDIT CARD BY A THIRD PARTY. You agree to pay all fees and charges incurred in connection with your purchases (including any applicable taxes) at the rates in effect when the charges were incurred. Unless you notify MOJO Yoga of any discrepancies within sixty (60) days after they first appear on your credit card statement, you agree that they will be deemed accepted by you for all purposes. If MOJO Yoga does not receive payment from your credit card issuer or its agent, you agree to pay all amounts due upon demand by MOJO Yoga or its agents. You are responsible for paying any governmental taxes imposed on your purchases, including, but not limited to, sales, use or value-added taxes. MOJO Yoga shall automatically charge and withhold the applicable sales tax for orders to be delivered to addresses within California and Massachusetts and any other states or localities that it deems is required.

 

8. Order Acceptance Policy. Your receipt of an electronic or other form of order confirmation does not signify our acceptance of your order, nor does it constitute confirmation of our offer to sell. MOJO Yoga reserves the right at any time after receipt of your order to accept or decline your order for any reason. MOJO Yoga further reserves the right any time after receipt of your order, without prior notice to you, to supply less than the quantity you ordered of any item. Your order will be deemed accepted by MOJO Yoga upon shipment of products or performance of services that you have ordered, or upon the completion of the license and delivery of a Digital Download, as indicated by our servers. Title to goods and all risk of loss passes to you upon delivery to the common carrier. All orders placed over $1,000.00 (U.S.) must obtain pre-approval with an acceptable method of payment, as established by our credit and fraud avoidance department. We may require additional verifications or information before accepting any order.

 

9. No Responsibility To Sell Mispriced Products Or Services. MOJO Yoga shall have the right to refuse or cancel any orders placed for products and/or services listed at an incorrect price, rebate or refund, or containing any other incorrect information or typographical errors. MOJO Yoga shall have the right to refuse or cancel any such orders whether or not the order has been confirmed and your credit card charged. If your credit card has already been charged for the purchase and your order is canceled, MOJO Yoga shall immediately issue a credit to your credit card account in the amount of the charge.

 

10. Modifications to Prices or Billing Terms. MOJO Yoga RESERVES THE RIGHT, AT ANY TIME, TO CHANGE ITS PRICES AND BILLING METHODS FOR PRODUCTS OR SERVICES SOLD, EFFECTIVE IMMEDIATELY UPON POSTING ON THE SITE OR BY E-MAIL DELIVERY TO YOU.

 

11. Links. This Site may contain links to other websites that are not controlled and/or maintained by MOJO Yoga. Access to and use of such other websites is at your own risk and subject to any terms, conditions and privacy policies that govern such websites, which may be different from those of MOJO Yoga and/or which may provide their users with less security than this Site. By providing such links, MOJO Yoga shall not be deemed to endorse, recommend, approve or guarantee any third parties or their services or products, or any facts, views, advice, information and/or products found on such websites. MOJO Yoga is not responsible for the content contained on any such sites, or for the failure of any product or service offered for sale on any such sites or for any damages that may result therefrom. Copyrights in the materials or information on the linked sites are owned by other organizations.

 

12. User Submitted Content. On certain sections of this Site, you may be permitted to post comments, information, creative works (including but not limited to audio or audiovisual works) or other materials ("User Content"). You acknowledge and agree that you are solely responsible for any User Content that you post. You further acknowledge and agree that MOJO Yoga has no responsibility for, or ownership of, any User Content posted at this Site and will not be liable for any User Content that is in violation of these Terms and Conditions. With respect to all User Content that you post, you represent and warrant that: (i) the material is either fully original to you or that you have all necessary rights, licenses and permissions needed to post the material at this Site (including but not limited to all copyright and right of publicity/privacy rights), and to grant, and you hereby do grant, MOJO Yoga and all users of this Site a world-wide, non-exclusive, royalty-free license that can be fully assigned and sub-licensed, to use such User Content in connection with the use and promotion of the Site; (ii) such User Content will not infringe the rights of any person or entity, or violate any governmental rule, regulation statute or law, or the Terms and Conditions; (iii) no money will be owing to any party as a result of the posting of the User Content or its use in connection with this Site and/or the promotion thereof; (iv) you will be responsible for all User Content submitted through your email address, and for all purposes under these Terms and Conditions, all submissions from your email address shall be deemed to have been submitted by you.

MOJO Yoga has no control over, and does not endorse, any User Content and expressly disclaims any and all liability in connection with any User Content. However, in connection with User Content posted at this Site, in addition to all other rights it has under these Terms and Conditions and at law or in equity, MOJO Yoga reserves the right in its sole and absolute discretion, to: (i) remove without notice, or refuse to post in the first instance, any User Content; and/or (ii) revoke any user's right to use this Site.

Any User Content sought to be posted at the Site must conform, in the sole and exclusive opinion of MOJO Yoga, to the following rules and standards. It must: (i) conform to all applicable laws, (ii) be appropriate in the context of the general purposes of the Site; (iii) not be obscene, pornographic, patently offensive, hateful, abusive or promote racism or discrimination of any kind; (iv) not provide personal information related to the user submitting such User Content, or solicit such information from any other user of the Site; (v) not involve or result in the transmission of junk e-mail, unsolicited mass e-mailings, "spamming," "spimming" or "phishing;" (vi) not transmit or distribute any potentially harmful programs such as Trojan horses, worms, viruses, spyware or any malicious software or code; (vii) not contain any material or images owned by any other person or entity unless the user submitting such User Content has obtained all necessary rights, licenses and permissions needed to post the material and have it used as contemplated by this Site; and (viii) be only for non-commercial purposes.

 

13. Promotions, Sweepstakes and Contests. On occasion, MOJO Yoga or certain advertisers or suppliers to this Site may elect to conduct certain promotions, sweepstakes or contests (collectively, "Promotions") on this Site. Each such Promotion may have specific rules and regulations, which will be made available to users and which shall be deemed incorporated in and become a part of these Terms and Conditions.

 

14. Copyright Infringement Policy. MOJO Yoga values intellectual property and respects the intellectual property rights of others, and will remove materials on its Site that infringe the copyrights of others or that MOJO Yoga has a good belief infringes, and may terminate the offending user’s account privileges. If you believe that your copyrighted material may have been infringed by material contained on the Site, then pursuant to Title 17, United States Code, §512, you may notify MOJO Yoga’s Designated Agent in writing as follows:

 

Name of Designated Agent: Jean Marie Johnson

Address: MOJO Yoga

attn: Jean Marie Johnson

PO Box 791164

Paia, HI 96779

Electronic Mail Address: [email protected]

 

In your notice, you must include the following:

(i) a physical or electronic signature of the owner of an exclusive right that is allegedly being infringed or of a person authorized to act on behalf of such owner;

(ii) identification of the copyrighted work(s) that is (are) allegedly being infringed;

(iii) identification of the materials that are allegedly causing the infringement and that are desired to be removed, along with sufficient information to allow us to locate such materials;

(iv) contact information (i.e., name, address, email address) sufficient to enable MOJO Yoga to contact you;

(v) a statement to the effect that you have a good faith belief that the complained of use of the material was not authorized by the owner of the copyright, its agent or the law; and

(vi) a statement that the information in the notification is accurate, and under penalty of perjury, that you are the copyright owner or authorized to act on behalf of the owner of the exclusive right that is allegedly being infringed.

 

15. Additional/Different Terms. Certain pages or sections of this Site may contain terms and conditions of use which are in addition to or different from these Terms and Conditions. For example, certain Promotions or content that is designated as "premium" or "special" content may only be made available to users of the Site that consent to MOJO Yoga’s sharing of their Personally Identifiable Information with the sponsors of such Promotions and/or advertisers appearing on such content pages. In the event that there is a conflict between such additional and/or different terms and conditions of use and these Terms and Conditions, the additional and/or different terms and conditions of use will govern with respect to those specific pages or sections to which they apply.

 

16. Limitation of Liability and Use Disclaimer. MOJO Yoga is not responsible for any damages or loss related to the use of this Site or downloads, products or services from this Site. THIS SITE, ALL MATERIAL CONTAINED ON THIS SITE, DIGITAL DOWNLOADS, AND ALL LINKS OR OTHER ITEMS RELATED THERETO ARE TRANSMITTED AND DISTRIBUTED "AS IS" AND WITHOUT WARRANTIES OF ANY KIND, EITHER EXPRESS OR IMPLIED, INCLUDING, WITHOUT LIMITATION, THAT THE SITE, ITS FEATURES AND FUNCTIONS, WILL BE AVAILABLE FOR USE OR WORK AS DESCRIBED. THERE ARE NO WARRANTIES WITH RESPECT TO THE SITE OR THE MATERIALS, PRODUCTS OR SERVICES CONTAINED HEREON OR DOWNLOADED HEREFROM INCLUDING BUT NOT LIMITED TO NO WARRANTIES REGARDING TITLE, SECURITY, ACCURACY, MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE OR USE. ANY INFORMATION CONTAINED WITHIN THIS SITE IS SUBJECT TO AMENDMENT, REVISION OR UPDATING WITHOUT NOTICE AT ANY TIME. MOJO Yoga RESERVES THE RIGHT TO SUSPEND OR WITHDRAW ACCESS TO THE PAGES OF THIS SITE WITHOUT NOTICE AT ANY TIME AND ACCEPTS NO RESPONSIBILITY FOR THESE PAGES NOT BEING AVAILABLE AT ALL TIMES. MOJO Yoga AND ITS AFFILIATES SHALL NOT BE LIABLE FOR ANY ALLEGED DAMAGE OR INJURY, INCLUDING BUT NOT LIMITED TO ANY COMPENSATORY, CONSEQUENTIAL, DIRECT, INDIRECT AND/OR SPECIAL DAMAGES, THAT RESULT FROM YOUR USE OR INABILITY TO USE OR ACCESS THIS SITE OR ANY MATERIALS, PRODUCTS OR SERVICES CONTAINED HEREON OR DOWNLOADED HEREFROM, FROM ANY COMPUTER VIRUS, DELAY OR MALFUNCTION, FROM THE PROVISION OF OR FAILURE TO PROVIDE PRODUCTS OR SERVICES, OR FOR ANY INFORMATION, SOFTWARE, PRODUCTS, SERVICES AND MATERIAL OBTAINED THROUGH THE SITE, OR OTHERWISE ARISING OUT OF THE USE OF THE SITE WHETHER BASED ON CONTRACT, TORT, NEGLIGENCE, STRICT LIABILITY OR OTHERWISE, EVEN IF MOJO Yoga HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. NOTWITHSTANDING ANYTHING ELSE IN THESE TERMS AND CONDITIONS OR POSTED ON THE SITE, THE MAXIMUM LIABILITY THAT MOJO Yoga SHALL HAVE IS LIMITED TO ANY AMOUNTS YOU ACTUALLY PAID TO MOJO Yoga. ORDER INFORMATION SUCH AS A BILLING OR SHIPPING ADDRESS THAT IS INACCURATE OR INCOMPLETE MAY RESULT IN DELAYS THAT SHALL NOT BE THE RESPONSIBILITY OF MOJO Yoga. YOU ACKNOWLEDGE AND AGREE THAT THE LIMITATIONS OF LIABILITY, DISCLAIMERS OF WARRANTIES AND LIMITED REMEDIES SET FORTH HEREIN REPRESENT AN INSEPARABLE ALLOCATION OF RISK (INCLUDING, WITHOUT LIMITATION, IN THE EVENT OF A TOTAL AND FUNDAMENTAL BREACH OF THESE TERMS AND CONDITIONS) THAT IS AN ESSENTIAL BASIS OF THE BARGAIN BETWEEN THE PARTIES.

 

Certain jurisdictions prohibit the limitation of liability for certain types of damages, and accordingly, such limitations may not apply to you. In such jurisdictions, MOJO Yoga’s liability is limited to the greatest extent allowable under applicable law.

 

17. Transmitting, Streaming and Downloading. MOJO Yoga is not responsible for any damages incurred as a result of any interruption, transmission blackout, delayed transmission or incorrect data transmission over the Internet.

 

MOJO Yoga does not warrant or represent that this Site will meet your requirements, that access or streaming or downloading of Digital Downloads will not be interrupted or delayed, that there will be no failures, errors or omissions or loss of transmitted information, that no viruses will be transmitted or that no damage will occur to your computer system.

 

18. Indemnity. You agree to indemnify, defend and hold harmless MOJO Yoga, its parent, subsidiary and affiliated entities, and each of their respective owners, officers, directors, employees and agents from and against any and all claims, demands, losses, liabilities, damages, costs and expenses (including but not limited to attorneys’ fees) arising from or in connection with: (i) your use of the Site or Materials (whether on the Site, streamed or downloaded); (ii) any violation by you of these Terms and Conditions or your violation of any law, regulation or third-party right; and/or (iii) any User Content submitted by you to the Site. You agree that your representations and warranties, and your obligation to indemnify MOJO Yoga, shall survive beyond any term that these Terms and Conditions are in effect.

 

19. Electronic Communications. When you communicate with MOJO Yoga electronically, via email or otherwise, when you set up an Account with MOJO Yoga, and each time you make a purchase from, or stream or download a Digital Download from, the Site, you consent to receive electronic communications from MOJO Yoga. You agree that all communications (including, but not limited to all notices, agreements and disclosures) provided to you electronically by MOJO Yoga satisfy any legal requirement that such communication be in writing. If you receive marketing e-mails from MOJO Yoga and wish to opt out, you may send an e-mail to us at [email protected] or follow the opt-out procedures set forth in such marketing e-mails.

 

20. Changes in Policy. From time to time, the policies set forth in these Terms and Conditions may change. We will post changes to the Terms and Conditions at this Site, and any changes will become effective immediately upon being posted unless we tell you otherwise. Please review these Terms and Conditions often so that you will remain abreast of our current policies. Your use of this Site, including any purchases you may make from the Site or any streaming or downloading of a Digital Download from the Site, subsequent to any amendment of these Terms and Conditions will signify your acceptance of, and assent to, its revised terms and that such revised terms shall be applicable.

21. Acquisition of Business. In the event that MOJO Yoga is involved in a merger, acquisition, consolidation, restructuring, reorganization, liquidation, sale or similar transaction relating to any portion of its business and/or assets, you hereby acknowledge and agree that this Site, all data collected on this Site, and all of MOJO Yoga’s rights hereunder may be included in the assets of, and/or transferred pursuant to, such transaction. If that occurs, MOJO Yoga will post a notice to such effect on this Site.

 

22. Contact Us. If you have any questions concerning the Site or any of the policies set forth in these Terms and Conditions, please contact us at:

 

MOJO Yoga

PO Box 791164

Paia, HI 96779

Attn.: Jean Marie Johnson

[email protected]

 

23. Applicable Law/Dispute Procedures. Use of this Site and these Terms and Conditions shall be governed by the laws of the State of Hawaii, without regard to its conflict of law provisions. Any dispute concerning your use of this Site shall be submitted to binding arbitration in Hawaii within one (1) year from the date that the cause of action arose (or, if multiple causes of action are involved, from the date that the first cause of action arose), with such arbitration conducted pursuant to the then prevailing rules of the American Arbitration Association. To the fullest extent permitted by law, no arbitration brought pursuant to these Terms and Conditions shall be joined to any other arbitration initiated pursuant to these Terms and Conditions.

 

Notwithstanding anything to the contrary set forth in these Terms and Conditions, MOJO Yoga may at any time seek injunctive or other appropriate relief against you and/or against others, in any state or federal court in the state of Hawaii, in the event that MOJO Yoga believes that you have violated or threatened to violate any of MOJO Yoga’s intellectual property rights and you hereby consent to the exclusive jurisdiction and venue of such courts.

 

In the event that any portion of these Terms and Conditions are deemed unenforceable, unlawful or void by a court of competent jurisdiction, in any jurisdiction for any reason because of the scope, duration or area of its applicability or for other reasons, unless narrowed by construction, such provision shall for purposes of such jurisdiction only, be construed as if such invalid, prohibited or unenforceable provision had been more narrowly drawn so as not to be invalid, prohibited or unenforceable (or if such language cannot be drawn narrowly enough, the court making any such determination shall have the power to modify, to the extent necessary to make such provision or provisions enforceable in such jurisdiction, such scope, duration or area or all of them, and such provision shall then be applicable in such modified form). If, notwithstanding the foregoing, any such provision would be held to be invalid, prohibited or unenforceable in any jurisdiction for any reason, such provision, as to such jurisdiction only, shall be ineffective to the extent of such invalidity, prohibition or unenforceability, without invalidating the remaining provisions. No narrowed construction, court-modification or invalidation of any provision shall affect the construction, validity or enforceability of such provision in any other jurisdiction. No waiver by MOJO Yoga of any term or condition of these Terms and Conditions shall be deemed a further or continuing waiver of such term or of any other term, and MOJO Yoga failure to assert any right or demand compliance with any provision of these Terms and Conditions shall not be deemed to constitute a waiver of any such right or provision.

 

Copyright 2013 - 17 MOJO Yoga. MOJO Yoga and the MOJO Yoga logo (or any other applicable mark) are trademarks or registered trademarks of MOJO Yoga. All other marks are either trademarks or registered trademarks of their respective owners. All rights reserved.

 


ONLINE PRIVACY POLICY AGREEMENT

MOJO Yoga, (MOJO Yoga), is committed to keeping any and all personal information collected of those individuals that visit our website and make use of our online facilities and services accurate, confidential, secure and private. Our privacy policy has been designed and created to ensure those affiliated with MOJO Yoga of our commitment and realization of our obligation not only to meet but to exceed most existing privacy standards.

THEREFORE, this Privacy Policy Agreement shall apply to MOJO Yoga, and thus it shall govern any and all data collection and usage thereof. Through the use of www.mymojoyoga.com you are herein consenting to the following data procedures expressed within this agreement.

 

Collection of Information

This website collects various types of information, such as:

    •    Voluntarily provided information which may include your name, address, email address, billing and/or credit card information etc., which may be used when you purchase products and/or services and to deliver the services you have requested.

    •    Information automatically collected when visiting our website, which may include cookies, third party tracking technologies and server logs.

 

Please rest assured that this site shall only collect personal information that you knowingly and willingly provide by way of surveys, completed membership forms, and emails. It is the intent of this site to use personal information only for the purpose for which it was requested and any additional uses specifically provided on this site.

 

We may also gather information about the type of browser you are using, IP address or type of operating system to assist us in providing and maintaining superior quality service.

It is highly recommended and suggested that you review the privacy policies and statements of any website you choose to use or frequent as a means to better understand the way in which other websites garner, make use of and share information collected.

 

Use of Information Collected

MOJO Yoga may collect and may make use of personal information to assist in the operation of our website and to ensure delivery of the services you need and request. At times, we may find it necessary to use personally identifiable information as a means to keep you informed of other possible products and/or services that may be available to you from www.mymojoyoga.com. MOJO Yoga  may also be in contact with you with regards to completing surveys and/or research questionnaires related to your opinion of current or potential future services that may be offered.

 

MOJO Yoga may choose to sell, rent or lease any of our customer lists and/or names to third parties which offer related and/or relevant products and/or services that MOJO Yoga deems may be of value to its customers.

 

MOJO Yoga may deem it necessary to follow websites and/or pages that our users may frequent in an effort to gleam what types of services and/or products may be the most popular to customers or the general public.

 

MOJO Yoga may disclose your personal information, without prior notice to you, only if required to do so in accordance with applicable laws and/or in a good faith belief that such action is deemed necessary or is required in an effort to:

 

    •    Remain in conformance with any decrees, laws and/or statutes or in an effort to comply with any process which may be served upon MOJO Yoga and/or our website;

    •    Maintain, safeguard and/or preserve all the rights and/or property of MOJO Yoga; and

    •    Perform under demanding conditions in an effort to safeguard the personal safety of users of www.mymojoyoga.com and/or the general public.

 

Third parties may use cookies, web beacons, and similar technologies to collect or receive information from your website and elsewhere on the internet and use that information to provide measurement services and target ads. Users can opt-out of the collection and use of information for ad targeting, and can access a mechanism for exercising such choice at www.aboutads.info/choices.

 

Children Under Age of 13

MOJO Yoga does not knowingly collect personal identifiable information from children under the age of thirteen (13) without verifiable parental consent. If it is determined that such information has been inadvertently collected on anyone under the age of thirteen (13), we shall immediately take the necessary steps to ensure that such information is deleted from our system's database. Anyone under the age of thirteen (13) must seek and obtain parent or guardian permission to use this website.

 

Unsubscribe or Opt-Out

All users and/or visitors to our website have the option to discontinue receiving communication from us and/or reserve the right to discontinue receiving communications by way of email or newsletters. To discontinue or unsubscribe to our website please send an email that you wish to unsubscribe to [email protected] If you wish to unsubscribe or opt-out from any third party websites, you must go to that specific website to unsubscribe and/or opt-out.

 

Links to Other Web Sites

Our website does contain links to affiliate and other websites. MOJO Yoga does not claim nor accept responsibility for any privacy policies, practices and/or procedures of other such websites. Therefore, we encourage all users and visitors to be aware when they leave our website and to read the privacy statements of each and every website that collects personally identifiable information. The aforementioned Privacy Policy Agreement applies only and solely to the information collected by our website.

 

Security

MOJO Yoga shall endeavor and shall take every precaution to maintain adequate physical, procedural and technical security with respect to our offices and information storage facilities so as to prevent any loss, misuse, unauthorized access, disclosure or modification of the user's personal information under our control.

The company also uses Secure Socket Layer (SSL) for authentication and private communications in an effort to build users' trust and confidence in the internet and website use by providing simple and secure access and communication of credit card and personal information.

 

Changes to Privacy Policy Agreement

MOJO Yoga reserves the right to update and/or change the terms of our privacy policy, and as such we will post those change to our website homepage at www.mymojoyoga.com, so that our users and/or visitors are always aware of the type of information we collect, how it will be used, and under what circumstances, if any, we may disclose such information. If at any point in time MOJO Yoga decides to make use of any personally identifiable information on file, in a manner vastly different from that which was stated when this information was initially collected, the user or users shall be promptly notified by email. Users at that time shall have the option as to whether or not to permit the use of their information in this separate manner.

 

Acceptance of Terms

Through the use of this website, you are hereby accepting the terms and conditions stipulated within the aforementioned Privacy Policy Agreement. If you are not in agreement with our terms and conditions, then you should refrain from further use of our sites. In addition, your continued use of our website following the posting of any updates or changes to our terms and conditions shall mean that you are in agreement and acceptance of such changes.

 

How to Contact Us

If you have any questions or concerns regarding the Privacy Policy Agreement related to our website, please feel free to contact us at the following email, telephone number or mailing address.

Email: [email protected]

Mailing Address:

MOJO Yoga

attn: Jean Marie Johnson

PO Box 791164

Paia, Hawaii 96779

Last updated: 12/31/2016