Terms of Service
Effective date: 03/15/2021
Terms of ServiceYoga Rascals Club provides a personalized subscription service that allows our members to access videos, audios, and PDF downloads ("Yoga Rascals Club content") streamed over the Internet to certain Internet-connected computers and other devices ("Yoga Rascals Club ready devices").
It is our goal to provide you with the best member experience possible, if you have any questions or comments about these Terms, please contact us at [email protected] (subject line: “Terms of Service Question”).
- Your Yoga Rascals Club membership will continue month-to-month and automatically renew until terminated. To use the Yoga Rascals Club service you must have Internet access and a Yoga Rascals Club ready device and provide us with one or more Payment Methods. "Payment Method" means a current, valid, accepted method of payment, as may be updated from time to time and which may include payment through your account with a third party. You must cancel your membership before it renews each month in order to avoid billing of the next month's membership fees to your Payment Method (see "Cancellation" below).
- We may offer a number of membership plans, including special promotional plans or memberships offered by third parties in conjunction with the provision of their own products and services. We are not responsible for the products and services provided by such third parties. Some membership plans may have differing conditions and limitations, which will be disclosed at your sign-up or in other communications made available to you. You can find specific details regarding your Yoga Rascals Club Membership by clicking on the Settings link under your profile picture.
2. Free Trials
- Your Yoga Rascals Club membership may start with a free trial. The free trial period of your membership lasts for 3 days, or as otherwise specified during sign-up and is intended to allow new and certain former members to try the service.
- Free trial eligibility is determined by Yoga Rascals Club at its sole discretion and we may limit eligibility or duration to prevent free trial abuse. We reserve the right to revoke the free trial and put your account on hold in the event that we determine that you are not eligible. Members of households with an existing or recent Yoga Rascals Club membership are not eligible. We may use information such as device ID, method of payment or an account email address used with an existing or recent Yoga Rascals Club membership to determine eligibility. For combinations with other offers, restrictions may apply.
- We will charge your Payment Method for your monthly membership fee at the end of the free trial period and your membership will automatically renew monthly unless you cancel your membership prior to the end of the free trial period. To view the monthly membership price and end date of your free trial period, clicking on the Settings link under your profile picture.
- It is very important to understand that you will not receive a notice from Yoga Rascals Club that your free trial has ended and that payment for your subscription is due. If you wish to avoid charges to your Payment Method, you must cancel your subscription prior to midnight Pacific Standard Time on the last day of your free trial period. You may cancel your subscription at any time as described in the "Ongoing Subscription and Cancellation" section of these Terms. We will continue to bill your Payment Method for your subscription on a recurring basis corresponding to the term of your subscription until you cancel or the account or applicable Service is otherwise suspended or discontinued pursuant to these Terms. To the extent subscriptions are offered in conjunction with purchases of, or payment for, third party products or services, you agree that Yoga Rascals Club will not be liable to you for any claims arising out of or related to your purchase or use of such third party products or services. If you cancel your subscription during a free trial or while using a promotional code or other credits, cancellation may be effective immediately.
3. Billing and Cancellation
- Billing Cycle.The membership fee for the Yoga Rascals Club service and any other charges you may incur in connection with your use of the service, such as taxes and possible transaction fees, will be charged on a monthly basis to your Payment Method on the calendar day corresponding to the commencement of the paying portion of your membership until your membership is cancelled. Membership fees are fully earned upon payment. In some cases your payment date may change, for example if your Payment Method has not successfully settled or if your paid membership began on a day not contained in a given month. Visit our website and click on the "Settings" link under your profile picture to see your next payment date. We may authorize your Payment Method in anticipation of membership or service-related charges through various methods, including authorizing it up to approximately one month of service as soon as you register. In some instances, your available balance or credit limit may be reduced to reflect the authorization during your free trial period.
- Payment Methods.To use the Yoga Rascals Club service you must provide one or more Payment Methods. You can update your Payment Methods by clicking on “Settings” under your profile picture. Next click on “Billing Info” in the top right corner. We may also update your Payment Methods using information provided by the payment service providers. Following any update, you authorize us to continue to charge the applicable Payment Method(s). You authorize us to charge any Payment Method associated to your account in case your primary Payment Method is declined or no longer available to us for payment of your subscription fee. You remain responsible for any uncollected amounts. If a payment is not successfully settled, due to expiration, insufficient funds, or otherwise, and you do not cancel your account, we may suspend your access to the service until we have successfully charged a valid Payment Method. For some Payment Methods, the issuer may charge you certain fees, such as foreign transaction fees or other fees relating to the processing of your Payment Method. Check with your Payment Method service provider for details.
- You can cancel your Yoga Rascals Club membership at any time, and you will continue to have access to the Yoga Rascals Club service through the end of your monthly billing period. We do not provide refunds or credits for any partial-month membership periods or unwatched Yoga Rascals Club content. To cancel, click on “Settings” under your profile picture. Next click on “Billing Info” in the top right corner and follow the instructions for cancellation. If you cancel your membership, your account will automatically close at the end of your current billing period. To see when your account will close, click "Settings" under your profile picture. If you signed up for Yoga Rascals Club using your account with a third party as a Payment Method and wish to cancel your Yoga Rascals Club membership, you may need to do so through that third party, for example by visiting your account with the applicable third party and turning off auto-renew, or unsubscribing from the Yoga Rascals Club service through that third party. You may also find billing information about your Yoga Rascals Club membership by visiting your account with the applicable third party.
- No Refunds. Payments are nonrefundable and there are no refunds or credits for partially used periods. Following any cancellation, however, you will continue to have access to the service through the end of your current billing period. At any time, and for any reason, we may provide a refund, discount, or other consideration to some or all of our members (“credits”). The amount and form of such credits, and the decision to provide them, are at our sole and absolute discretion. The provision of credits in one instance does not entitle you to credits in the future for similar instances, nor does it obligate us to provide credits in the future, under any circumstance.
4. Yoga Rascals Club Service
- The Yoga Rascals Club service and any content viewed through our service are for your personal and non-commercial use only and may not be shared with individuals beyond your household. During your Yoga Rascals Club membership, we grant you a limited, non-exclusive, non-transferable right to access the Yoga Rascals Club service and view Yoga Rascals Club content through the service. Except for the foregoing, no right, title or interest shall be transferred to you. You agree not to use the service for public performances.
- You may view Yoga Rascals Club content primarily within the country in which you have established your account and only in geographic locations where we offer our service and have licensed such content. The content that may be available to watch will vary by geographic location and will change from time to time.
- The Yoga Rascals Club service, including the content library, is regularly updated. In addition, we continually test various aspects of our service, including but not limited to our website, user interfaces, promotional features and availability of Yoga Rascals Club content.
- The quality of the display of the Yoga Rascals Club content may vary from device to device, and may be affected by a variety of factors, such as your location, the bandwidth available through and/or speed of your Internet connection. Please check with your Internet provider for information on possible Internet data usage charges. Yoga Rascals Club makes no representations or warranties about the quality of your watching experience on your display. The time it takes to begin watching Yoga Rascals Club content show will vary based on a number of factors, including your location, available bandwidth at the time, the Yoga Rascals Club content you have selected and the configuration of your Yoga Rascals Club ready device.
- Yoga Rascals Club software may solely be used for authorized streaming and viewing of content from Yoga Rascals Club through Yoga Rascals Club ready devices. This software may vary by device and medium, and functionalities may also differ between devices. By using our service, you agree to receive, without further notice or prompting, updated versions of the Yoga Rascals Club and related third-party software. If you do not accept the foregoing terms, do not use our service.
- By using our service, you agree to look solely to the entity that manufactured and/or sold you the Yoga Rascals Club ready device for any issues related to the device and its compatibility with the Yoga Rascals Club service. We do not take responsibility or otherwise warrant the performance of Yoga Rascals Club ready devices, including the continued compatibility with our service. If your Yoga Rascals Club ready device is sold, lost or stolen, please deactivate the Yoga Rascals Club ready device. If you fail to log out or deactivate your device, subsequent users may access the Yoga Rascals Club service through your account and may be able to access certain of your account information.
5. Passwords and Account Access
- The member who created the Yoga Rascals Club account and whose Payment Method is charged (the "Account Owner") has access and control over the Yoga Rascals Club account and the Yoga Rascals Club ready devices that are used to access our service and is responsible for any activity that occurs through the Yoga Rascals Club account. To maintain control over the account and prevent anyone from accessing the account (which could include information on viewing history for the account), the Account Owner should maintain control over the Yoga Rascals Club ready devices that are used to access the service and not reveal the password or details of the Payment Method associated to the account to anyone. You are responsible for updating and maintaining the accuracy of the information you provide to us relating to your account. We can terminate your account or place your account on hold in order to protect you, Yoga Rascals Club or our partners from identity theft or other fraudulent activity. Yoga Rascals Club is not obligated to credit or discount a membership for holds placed on the account by either a representative of Yoga Rascals Club or by the automated processes of Yoga Rascals Club.
6. Disclaimers of Warranties and Limitations on Liability
1. THE YOGA RASCALS CLUB SERVICE AND ALL CONTENT AND SOFTWARE ASSOCIATED THEREWITH, OR ANY OTHER FEATURES OR FUNCTIONALITIES ASSOCIATED WITH THE YOGA RASCALS CLUB SERVICE, ARE PROVIDED "AS IS" AND "AS AVAILABLE" WITH ALL FAULTS AND WITHOUT WARRANTY OF ANY KIND. YOGA RASCALS CLUB DOES NOT GUARANTEE, REPRESENT, OR WARRANT THAT YOUR USE OF THE YOGA RASCALS CLUB SERVICE WILL BE UNINTERRUPTED OR ERROR-FREE. YOGA RASCALS CLUB SPECIFICALLY DISCLAIMS LIABILITY FOR THE USE OF APPLICATIONS, YOGA RASCALS CLUB READY DEVICES, AND YOGA RASCALS CLUB SOFTWARE (INCLUDING THEIR CONTINUING COMPATIBILITY WITH OUR SERVICE).
2. TO THE EXTENT PERMISSIBLE UNDER APPLICABLE LAWS, IN NO EVENT SHALL YOGA RASCALS CLUB, OR ITS SUBSIDIARIES OR ANY OF THEIR SHAREHOLDERS, DIRECTORS, OFFICERS, EMPLOYEES OR LICENSORS BE LIABLE (JOINTLY OR SEVERALLY) TO YOU FOR PERSONAL INJURY OR ANY SPECIAL, INCIDENTAL, INDIRECT OR CONSEQUENTIAL DAMAGES OF ANY KIND, OR ANY DAMAGES WHATSOEVER.
3. SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OF CERTAIN WARRANTIES OR THE LIMITATION OR EXCLUSION OF LIABILITY FOR CERTAIN TYPES OF DAMAGES. THEREFORE, SOME OF THE ABOVE LIMITATIONS IN THIS SECTION MAY NOT APPLY TO YOU.
- Unsolicited Materials.Yoga Rascals Club does not accept unsolicited materials or ideas for Yoga Rascals Club content, and is not responsible for the similarity of any of its content or programming in any media to materials or ideas transmitted to Yoga Rascals Club. Should you send any unsolicited materials or ideas, you do so with the understanding that no additional consideration of any sort will be provided to you, and you are waiving any claim against Yoga Rascals Club and its affiliates regarding the use of such materials and ideas, even if material or an idea is used that is substantially similar to the material or idea you sent.
- Feedback. Yoga Rascals Club is free to use any comments, information, ideas, concepts, reviews, or techniques or any other material contained in any communication you may send to us ("Feedback"), including responses to questionnaires or through postings to the Yoga Rascals Club service, including the Yoga Rascals Club website and user interfaces, worldwide and in perpetuity without further compensation, acknowledgement or payment to you for any purpose whatsoever including, but not limited to, developing, manufacturing and marketing products and creating, modifying or improving the Yoga Rascals Club service. In addition, you agree not to enforce any "moral rights" in and to the Feedback, to the extent permitted by applicable law.
- Communication Preferences.We will send you information relating to your account (e.g. payment authorizations, invoices, changes in password or Payment Method, confirmation messages, notices) in electronic form only, for example via emails to your email address provided during registration. 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.
Ownership of Content
As between you and the Company, Company owns, solely and exclusively, all right, title and interest in and to the Website and all content including audio, video, writings, photographs, illustrations, graphics, software, data and materials thereon (collectively, the “Content”), the look and feel of the Website and any intellectual property rights therein. You may download the Content displayed on the Website marked as downloadable for your non-commercial use only. You may not remove or alter any intellectual property legends or notices contained on the Content. You may not distribute, modify, transmit, reuse, repost, or make derivative works using any of the Content for commercial purposes.
Submission of Content
If you contribute content to the Company for publication on the Website, you hereby grant the Company a non-exclusive, perpetual, worldwide, irrevocable license to use such content. In most cases, Company will only use this content on its Website, but Company reserves the right to use this content in other ways, such as using it to make derivative works which may be commercially exploited by the Company. You agree that Company may use your content for these purposes without making any payments to you. If you are not willing to grant Company these rights, please do not contribute content to our Website. Please make sure that any content you contribute does not infringe on the intellectual property rights of any third party. For example, if you upload a video or a photograph, make sure that you are the author of the work and that you have full intellectual property rights to such work. Do not upload content to which you don’t own the rights.
Disclaimer of Warranties and Limitation of Liability for Content
All Content and other materials on the Website are provided “as is” without a war- ranty of any kind, either express or implied, including the implied warranties of merchantability, fitness for a particular use, and/or non-infringement. The Company assumes no responsibility for damage to your computer or other property resulting from your use of the Website. You understand and agree that any downloading or obtaining of Content through the Website is done at your own risk. In addition, we disclaim any and all responsibility or liability for the accuracy and legality of Content and other materials found on the Website. The Company shall not be liable for any damages arising from your use of the Website or the Content.
Health Disclaimer and Representations
By using the Website you recognize that you are participating in yoga classes, health programs, video and audio programs, workshops and/or other wellness, exercise and healing arts activities offered by the Company online (collectively, the “Activities”). You recognize that you must be in adequate physical and mental health to participate in the Activities. You understand that the Activities may require intense physical exertion, and you represent and warrant that you are physically fit enough to participate and you have no medical condition which would prevent your full participation in the Activities. You recognize that the Activities may cause or aggravate a physical injury or medical condition. You understand that it is your responsibility to consult with a physician before your participation in the Activities. If you have done so, you have taken the physician’s advice.
You are aware that your participation in the Activities could result in high blood pres-sure, fainting, heartbeat disorders, physical injury, heart attack or stroke and may aggravate pre-existing injuries. You understand that you could experience muscle, back, neck and other injuries as a result of your participation in the Activities. Not all exercises are suitable for everyone. You understand your physical limitations and you are sufficiently self-aware to stop or modify your participation in any Activity before you become injured or aggravate a pre-existing injury.
You understand that it is your responsibility to judge your physical and mental capabilities for the Activities and to ensure that, by participating in the Activities, you will not exceed your capabilities while performing such activity. You will select the appropriate level of classes for your skills and abilities, as well as for any limitations you have. You understand that instructors may suggest the use of props, equipment, poses, modifications, and instruction and it is your sole responsibility to determine if any such instructions are appropriate for your level of ability and physical and mental condition.
You understand that the Company is not a medical organization. Its instructors and staff are not medical doctors and they cannot and will not give you any medical advice or diagnosis. Nothing contained in the Website should be construed as any form of medical advice or diagnosis.
Third Party Websites
Disclaimer of Warranties
YOU AGREE THAT YOUR USE OF THE WEBSITE SHALL BE AT YOUR SOLE RISK. THE WEBSITE IS PROVIDED ON AN “AS IS” AND “AS AVAILABLE” BASIS AND WITHOUT WARRANTIES OF ANY KIND, EITHER EXPRESS OR IMPLIED, TO THE FULLEST EXTENT PERMITTED BY LAW,
THE COMPANY, ITS OFFICERS, DIRECTORS, EMPLOYEES, AND AGENTS DISCLAIM ALL WARRANTIES, EXPRESS OR IMPLIED, IN CONNECTION WITH THE Website, INCLUDING IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE AND NON-INFRINGEMENT, WITH RESPECT TO THE WEBSITE, AND ANY THIRD-PARTY WEBSITE WITH WHICH IT IS LINKED.
COMPANY MAKES NO WARRANTIES OR REPRESENTATIONS ABOUT THE ACCURACY OR COMPLETENESS OF THE CONTENT OR THE CONTENT OF ANY SITES LINKED TO THE WEBSITE AND ASSUMES NO LIABILITY OR RESPONSIBILITY OR ANY (I) ERRORS, MISTAKES, OR INACCURACIES OF CONTENT, (II) PERSONAL INJURY OR PROPERTY DAMAGE, OF ANY NATURE WHATSOEVER, RESULTING FROM YOUR ACCESS TO AND USE OF THE WEBSITE AND ITS CONTENT, (III) ANY UNAUTHORIZED ACCESS TO OR USE OF COMPANY SERVERS AND/OR ANY AND ALL PERSONAL INFORMATION AND/OR FINANCIAL INFOR- MATION STORED THEREIN, (IV) ANY BUGS, VIRUSES, TROJAN HORSES, OR THE LIKE WHICH MAY BE TRANSMITTED THROUGH THE WEB- SITE BY ANY THIRD PARTY, AND/OR (VI) FOR ANY LOSS OR DAMAGE OF ANY KIND INCURRED AS A RESULT OF THE USE OF ANY CONTENT MADE AVAILABLE VIA THE WEBSITE WHETHER BASED ON WARRANTY, CONTRACT, TORT, OR ANY OTHER LEGAL THEORY.
LIMITATION OF LIABILITY
TO THE MAXIMUM EXTENT PERMITTED BY LAW, IN NO EVENT WILL (A) COMPANY BE LIABLE TO YOU FOR ANY DAMAGES RESULTING FROM YOUR DISPLAYING, COPYING, UPLOADING OR DOWNLOADING ANY CONTENT TO OR FROM THE WEBSITE, (B) COMPANY BE LIABLE FOR ANY INDIRECT, EXTRAORDINARY, PUNITIVE, CONSEQUENTIAL, EXEMPLARY, SPECIAL, OR INCIDENTAL DAMAGES (INCLUDING LOSS OF DATA, REVENUE, PROFITS, USE OR OTHER ECONOMIC ADVAN- TAGE) ARISING FROM OR RELATING TO THE WEBSITE OR THE CON- TENT, EVEN IF COMPANY KNEW OR SHOULD HAVE KNOWN OF THE POSSIBILITY OF SUCH DAMAGES, AND (C) COMPANY ’S TOTAL CUMU- LATIVE LIABILITY ARISING FROM OR RELATED TO THE WEBSITE OR THE CONTENT EXCEED THE FEES ACTUALLY PAID BY YOU TO COMPANY IN THE PRIOR 12 MONTHS.
Waiver of Liability for Personal Injury and Indemnity
In further consideration of being permitted to participate in the Activities, you knowingly, voluntarily and expressly waive any “Claim” (as defined below) you may have against the Company, its owners, managers, teachers, instructors, workshop presenters, employees, independent contractors and staff (each, a “Released Party”) that you may sustain as a result of participating in the Activities at the Company even if the Claim arises from the negligence of any Released Party or anyone else.
You agree to indemnify and hold harmless each Released Party from any loss, cost, or liability incurred in defending any Claim made by me or anyone making a Claim on my behalf, even if the Claim is alleged to or did result from the negligence of any Released Party or anyone else.
“Claim” includes but is not limited to any and all liabilities, claims, demands, expenses, fees, legal actions, rights of actions for damages, personal injury, mental suffering and distress, illness or death that you may suffer, my spouse, children or unborn child may suffer (including any legal fees or expenses) in connection with participation in any Activity.
You, your heirs or legal representatives forever release, waive, discharge and covenant not to sue any Released Party for any Claim caused by any negligence or other acts of a Released Party.
Statute of Limitations
You agree that regardless of any statute or law to the contrary, any claim or cause of action arising out of or related to use of the Website, the Content or this Agreement must be filed within one (1) year after such claim or cause of action arose or be forever barred.
We may change this Agreement from time to time in the exercise of our discretion and we will post a notice on the Website in the event we make a change. Your continued use of the Website following our posting of any such changes means that you have accepted those changes.
Any legal action brought against the Company shall be governed by the laws of the State of California without regard to its conflicts-of-law rules. Any claim asserted against the Company shall be heard and determined in the federal or state courts located in San Diego, CA. Users of the Website agree not to commence any litigation relating to the use of any of the Website, except in courts located in San Diego, CA.
Minor Participant: You, the parent/legal guardian of the Participant, hereby agrees to the above on behalf of the Participant.
If you have any questions about this Agreement, please contact the Company at :
- By email: [email protected]
- By visiting this page on our website: www.yogarascalsclub.com/contact
- By phone number: (619)865-9506
- By mail: P.O. Box 1984, La Mesa, CA 91944