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Terms of Service

These Terms of Service (“Terms”) are a legal agreement between you and Binghamton Yoga (“Binghamton Yoga,” "BYoga," “us,” or “we”) regarding your use of services available at www.binghamtonyoga.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 a fitness social network. Users of the Service users may log their fitness activities; see, comment and like the activities of other users; and receive analysis and insights from the Service about their progress. Service about their progress. 

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 binghamtonyoga@gmail.com.

Music

Music is powered by Spotify. There is no affiliation, connection, association or endorsement of the products, goods or services displayed on this page by the copyright owners, featured recording artists and authors of the sound recordings (and the musical works embodied therein) transmitted through the Spotify player.

License

Subject to the terms and conditions of these Terms, Alo Moves 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 Alo Moves, 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.

Licensed Content

Content on the Service, including User Content and Paid Content provided by other users, has been licensed to Binghamton Yoga in accordance with various licensing agreements between us 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 Binghamton Yoga or its directors, officers, employees, agents, representatives, partners, or affiliates. Under no circumstances will Binghamton Yoga 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.

 

Ownership

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.

Fees

Certain content offered through the Service is available to you for free, and other content is available for a fee (“Paid Content”). Binghamton Yoga 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. Binghamton Yoga is not responsible for any errors by the Payment Processor. In connection with your use of the Service, Binghamton Yoga will obtain certain transaction details, which we will use solely in accordance with our Privacy Policy.

 

Access; Modifications to the Service

Binghamton Yoga 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).

We reserve the right to modify or discontinue, temporarily or permanently, all or a part of the Service without notice. Binghamton Yoga 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 Binghamton Yoga in writing, Binghamton Yoga is not obligated to provide any support for the Service.

 

Privacy

Binghamton Yoga collects registration and other information about you through the Service. Our collection and use of this information is described in the Binghamton Yoga Privacy Policy, which is incorporated into these Terms and available at http://www.binghamtonyoga.com/privacy

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 Binghamton Yoga website at http://www.binghamtonyoga.com/terms 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. Termination of your account is your sole right and remedy with respect to any dispute with Binghamton Yoga regarding the Service or these Terms. Binghamton Yoga may suspend or terminate your access to the Service at any time, for any reason. If Binghamton Yoga suspects that you have violated any provision of these Terms, Binghamton Yoga 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 Alo Moves 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 Binghamton Yoga 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.

 

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 Binghamton Yoga Membership through the end of your current billing period.

Cancellations

You may cancel your Binghamton Yoga Membership at any time for any reason. To cancel your recurring subscription, please visit your membership settings at https://www.binghamtonyoga.com/settings/membership. Following a cancellation, you will lose access to all Training Plans 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.

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. BINGHAMTON YOGA, 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. BINGHAMTON YOGA 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 BINGHAMTON YOGA, 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

Binghamton Yoga is here to serve you by providing instruction in the practice of yoga. You acknowledge that you do not have any restrictions that prevent you participation in yoga classes online or put you at risk for further injury. It is your responsibility to inform Binghamton Yoga of any changes in your health that would affect your ability to participate in classes. You understand that the practice of yoga involves physical movement which may from time to time be strenuous, and that such practice carries some risk of injury. You understand that part of the risk involved in the practice of yoga is relative to your own state of fitness or health (physical, mental, or emotional) and to the awareness, care, and skill with which you engage in the practice. By your participation in online classes at Binghamton Yoga, you agree to take full responsibility for not exceeding your limits in the practice of yoga, and for any injury you might suffer while participating. In acknowledgement of the fact that such participation is entirely voluntary on your part, you hereby expressly release and discharge Binghamton Yoga, and its instructors, owners, and staff from any and all claims, demands, causes of action, and fees which you have ever had, now have, or may or claim to have arising out of my participation in yoga classes at Binghamton Yoga.

Indemnity

You will defend, indemnify and hold Binghamton Yoga, 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.

 

Entire Agreement

These Terms are the entire agreement between you and Binghamton Yoga regarding your use of the Service.

Contacting Binghamton Yoga

For questions, comments, complaints, or claims related to the Service, please contact us at:

Binghamton Yoga

311 Exchange Ave

Endicott, NY 13760

last updated: 2/15/2021