Elaine Oyang Yoga Therapy LLC
Terms of Service

Last Updated: May 8, 2023

Welcome to elaineyoga.com, owned and operated by Elaine Oyang Yoga Therapy LLC (“Company”, “We”, “Us” or “Our”).

Please read these Terms of Service (“Terms”) carefully because they govern your use of the website elaineyoga.com (the “Site”), and the content, services, and products available at or through the Site and associated social media profiles. If you have any questions, please email [email protected]. To make these Terms easier to read, the Site, and Our products and services and are collectively called the “Services.”

Agreement to Terms

By accessing, installing, or using our Services in any manner, you agree to be bound by these Terms. If you do not agree to these Terms, simply stop using the Services.

Changes to Terms or Services

We may modify the Terms and our Services at any time, in our sole discretion. If we do so, we’ll make it known on the Site. It’s important that you review the Terms whenever we modify them because continuing to use the Services after we have posted modified Terms on the Site indicates to Us that you agree to be bound by the modified Terms. If you don’t agree to be bound by the modified Terms, please discontinue use of the Services immediately. Because our Services are evolving over time we may change or discontinue all or any part of the Services, at any time and without notice to you, at our sole discretion.

Feedback

We welcome feedback, comments, and suggestions for improvements to the Services. You can submit feedback by contacting us. You understand and accept that we may use, copy, modify, act on, or create derivative works based on the feedback, comments, and suggestions you provide. 

Privacy policy

Your privacy is important to us. Please review our Privacy Notice for information about the data we may collect and use. Our Privacy Notice is incorporated in these Terms and is available through our site elaineyoga.com/privacy-policy.

User Conduct

We encourage you to participate in our community but ask that you respect other users just like yourself when posting Content to, and otherwise using, the Services. Regardless, we do expect that any time you are using the Services and/or promoting your Content through the Services, you agree NOT to:

  • use language or transmit Content through the Services that may be considered offensive or profane. This includes profanity and offensive images, or other media containing obscene, sexually explicit, or excessively violent content.

  • harass or threaten other users through the Services. Harassing behavior and language includes insults, ethnic and homophobic slurs, defamatory statements, invasive statements that may infringe on a user’s privacy, or the transmission or sharing of any content that may cause another user to experience ridicule, threat, or discomfort.

  • submit material through the Services that violates a third party’s proprietary rights, including privacy and publicity rights, or that otherwise violates any applicable law;

  • publish falsehoods or misrepresentations that could damage Us, other users or any third party;

  • publish through the Services, any private information of someone (like their address or phone number) without their permission;

  • submit material through the Services that is unlawful, non-consensual, obscene, defamatory, libelous, threatening, pornographic, harassing, hateful, racially, or ethnically offensive, or encourages conduct that would be considered a criminal offense, give rise to civil liability, violate any law, or is otherwise inappropriate; or

  • impersonate another person or represent yourself or your site as affiliated with Us.

This list is an example and is not intended to be complete or exclusive. For the purposes of these Terms, (i) “Content” means text, graphics, images, music, software, audio, video, works of authorship of any kind, and information or other materials that are posted, generated, provided, or otherwise made available through the Services; and (ii) any Content that you provide to be made available through the Services.  We do not pre-screen Content, and We don’t have an obligation to monitor your access to, or use of, the Services. We do, however, reserve the right to do so for the purpose of operating the Services, to ensure your compliance with these Terms, or to comply with applicable law or the order or requirement of a court, administrative agency, or other governmental body. We reserve the right, at any time and without prior notice, to remove or disable access to your Account or any Content that we consider, in our sole discretion, to be in violation of these Terms or otherwise harmful to the Services.

We are not responsible or liable for the removal or deletion of (or the failure to remove or delete) any of the Content, nor are we responsible for any harm, including monetary loss or damage, resulting from or out of any User Content published on the Site.

Our Content

Subject to your compliance with these Terms, We grant you a limited, non-exclusive, non-transferable, non-sublicensable license to access and view Our content (“Our Content”) solely in connection with your permitted use of the Services. For the purposes of these Terms, Our Content shall include all text, graphics, images, site and screen layouts, arrangements and themes, music, software, audio, video, works of authorship (including blog entries) by Us or Our affiliates of any kind, and information or other materials that are posted or generated by Us or our affiliates.

You have the right to view and access Our Content. You may not use, copy, borrow, modify, or otherwise reproduce any Site and screen layouts, arrangements and themes provided through this Service. At no time is any user permitted to: (i) transfer, sublicense, sell, lease, lend, rent or otherwise distribute Our Content or the Services to any third party; (ii) decompile, reverse-engineer, disassemble, or create derivative works of the Services or any of Our Content; or (iii) use the Services or Our Content in any unlawful manner, for any unlawful purpose, or in any manner inconsistent with these Terms. You acknowledge sole responsibility for and assume all risk arising from your use or reliance of any Our Content.

Intellectual Property

The Services contain material that may be protected by United States and international copyright, trademark, and other proprietary information, including, but not limited to, audio, video, graphic, photographic and text information and all Our Content. [Your Business Name] and any of its licensors exclusively own all right, title, and interest in and to the Services and Our Content, including all associated intellectual property rights. You acknowledge that the Services and Our Content is protected by copyright, trademark, and other laws of the United States and foreign countries. You agree not to remove, alter, or obscure any copyright, trademark, service mark or other proprietary rights notices incorporated in or accompanying the Services and Our Content. Further You may not modify, distribute, publish, transmit, publicly display, publicly perform, participate in the transfer or sale, create derivative works or in any way exploit any of Our Content, in whole or in part. Any violation of these restrictions may result in intellectual property infringement that may subject you to civil and/or criminal penalties. You will be solely liable for any damage resulting from any infringement of copyrights, trademarks, proprietary rights, or any other harm resulting from a submission of information protected by intellectual property rights in a third party, if such submission is made without express permission of the intellectual property rights holder.

DMCA/Copyright Policy

We respect copyright law and expects its Users to do the same. It is Our policy to notify the appropriate enforcement bodies of repeat copyright infringers.  

The Digital Millennium Copyright Act of 1998 (the "DMCA") provides recourse for copyright owners who believe that material appearing on the Internet infringes their rights under U.S. copyright law. If you believe in good faith that Content infringes your copyright, you (or your agent) may send Us a notice requesting that the Content be removed or access to it blocked. Federal law requires that your notification include the following information: (i) a physical or electronic signature of a person authorized to act on behalf of the owner of an exclusive right that is allegedly infringed; (ii) identification of the copyrighted work claimed to have been infringed or, if multiple copyrighted works at a single online site are covered by a single notification, a representative list of such works at that site; (iii) identification of the material that is claimed to be infringing or to be the subject of infringing activity and that is to be removed or access to which is to be disabled and information reasonably sufficient to permit us to locate the material; (iv) information reasonably sufficient to permit Us to contact you, such as an address, telephone number, and, if available, an electronic mail; (v) a statement that you have a good faith belief that use of the material in the manner complained of is not authorized by the copyright owner, 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 authorized to act on behalf of the owner of an exclusive right that is allegedly infringed.

 

The notification must be sent to:

Elaine Oyang Yoga Therapy LLC
Attn: Legal Department
[email protected]

We provide the above contact information for purposes of the DMCA only and reserve the right to respond only to correspondence that is relevant to this purpose.

Links and Advertisements of Third Party Websites or Resources

The Services may contain links to or advertisements of third-party websites or resources. We are not responsible for the content, products, or services on or available from those advertisements, websites, resources or links displayed on such sites. You acknowledge sole responsibility for and assume all risk arising from, your use of any third-party websites or resources.

Indemnity

You agree to defend, indemnify and hold harmless [Your Business Name], or its officers, directors, employees and agents, from and against any and all claims, damages, obligations, losses, liabilities, costs, debts, or expenses (including but not limited to attorneys’ fees), to the extent allowed by applicable law, that arise from or are caused by: (i) your use of and access to the Services; (ii) your violation of these Terms; (iii) your violation of any third party right, including without limitation any copyright, property, moral or privacy right; or (iv) any claim that your Content caused damage to any third party. This section shall survive these Terms and your use and termination of the Services.

Warranty Disclaimers

The Services and Content are provided “AS IS,” without warranty of any kind. Without limiting the foregoing, WE EXPLICITLY DISCLAIM ANY WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, QUIET ENJOYMENT OR NON-INFRINGEMENT, AND ANY WARRANTIES ARISING OUT OF COURSE OF DEALING OR USAGE OF TRADE. We make no warranty that the Services will meet your requirements or be available on an uninterrupted, secure, or error-free basis. We make no warranty regarding the quality, accuracy, timeliness, truthfulness, completeness or reliability of any Content.

Limitation of Liability

NEITHER ELAINE OYANG YOGA THERAPY LLC NOR ANY OTHER party involved in creating, producing, or delivering the services or content will be liable for any incidental, special, exemplary or consequential damages, INCLUDING LOST PROFITS, LOSS OF DATA OR GOODWILL, SERVICE INTERRUPTION, MOBILE DAMAGE OR SYSTEM FAILURE OR THE COST OF SUBSTITUTE SERVICES arising out of or in connection with THESE TERMS or from the use OF or inability to use the ServiceS or CONTENT, whether based on warranty, contract, tort (including negligence), PRODUCT LIABILITY or any other legal theory, and whether or not WE HAVE been informed of the possibility of such damage, EVEN IF A limited REMEDY SET FORTH HEREIN IS FOUND TO HAVE FAILED OF ITS ESSENTIAL PURPOSE.

In no event will ELAINE OYANG YOGA THERAPY LLC total liability arising out of or in connection with THESE TERMS OR FROM THE USE OF OR INABILITY TO USE the ServiceS or content EXCEED THE LESSER of the AMOUNTS YOU HAVE PAID TO US FOR USE OF THE SERVICES DURING THE TWELVE (12) MONTHS PRIOR TO THE CAUSE OF ACTION, OR ONE HUNDRED DOLLARS ($100), IF YOU HAVE NOT HAD ANY PAYMENT OBLIGATIONS TO US, AS APPLICABLE.

Dispute Resolution

We prefer to resolve things amiably, when possible, therefore, you agree to the following dispute resolution policy in connection with any potential claims or disputes arising from your use of the Application. Start by notifying us of your dispute by sending a notice to the address provided above with a copy to [Your Email].

a.      Informal Negotiations: Parties to a dispute concerning the Terms, the Privacy Notice, or the use of the Services will attempt to informally negotiate a potential settlement or resolution to the dispute;

b.     Arbitration: In the event that informal negotiations are unsuccessful, the parties agree to follow the arbitration procedures set forth by the American Arbitration Association (AAA) to resolve the dispute.

c.      Binding Arbitration: If for any reason arbitration is unsuccessful or unavailable to the parties, parties agree to submit to binding arbitration in the jurisdiction of the State of Washington. Each of us is responsible for paying our own filing, administrative and arbitrator fees. Judgment on the arbitration award may be entered in any court having jurisdiction thereof.

Entire Agreement

These Terms constitute the entire and exclusive understanding and agreement between [Your Business Name] and you.  These Terms supersede and replace any and all prior oral or written understandings or agreements between us. If for any reason a court of competent jurisdiction finds any provision of these Terms invalid or unenforceable, that provision will be enforced to the maximum extent permissible, and the other provisions of these Terms will remain in full force and effect.

You may not assign or transfer these Terms, by operation of law or otherwise, without Our prior written consent. Any attempt by you to assign or transfer these Terms, without such consent, will be null and of no effect.

Any notices or other communications provided by Us under these Terms, including those regarding modifications to these Terms, will be given by Us (i) via email; or (ii) by posting to the Services. For notices made by e-mail, the date of receipt will be deemed the date on which such notice is transmitted.

Our failure to enforce any right or provision of these Terms will not be considered a waiver of those rights. The waiver of any such right or provision will be effective only if in writing and signed by a duly authorized representative of [Your Business Name]. Except as expressly set forth in these Terms, the exercise by either party of any of its remedies under these Terms will be without prejudice to its other remedies under these Terms or otherwise.

Questions & Contact Information

If you have any questions regarding these Terms, please contact us at [email protected]