Terms of Service
Terms of Service
Last Revised: 4.4.2020
THESE TERMS OF SERVICE (THIS "AGREEMENT") ARE A LEGAL AGREEMENT BETWEEN YOU (“YOU”, “YOUR”, OR “CLIENT”) AND EMMA WHITAKER YOGA LLC (“WE”, “US”, OR "EMMA WHITAKER YOGA"). THIS AGREEMENT STATES THE TERMS AND CONDITIONS THAT GOVERN YOUR USE OF THE YOGA SERVICES OFFERED BY EMMA WHITAKER YOGA AT WWW.EMMAWHITAKERYOGA.COM (THE “SITE”), IN-PERSON, OR OTHERWISE AVAILABLE VIA ELECTRONIC PLATFORMS SUCH AS YOUTUBE, FACEBOOK, INSTAGRAM, INSTAGRAM OR OTHER COMPARABLE SITE. BY ACCESSING AND USING THE SERVICES, YOU ARE INDICATING THAT YOU ACCEPT, AND AGREE TO COMPLY WITH, THIS AGREEMENT. IF YOU DO NOT ACCEPT THIS AGREEMENT, YOU ARE NOT PERMITTED TO, AND YOU MUST NOT, ACCESS OR USE THE SERVICES. EMMA WHITAKER YOGA LLC RESERVES THE RIGHT TO AMEND OR CANCEL THIS AGREEMENT AND CEASE PROVIDING YOU ACCESS TO SERVICES AT ANY TIME, FOR ANY REASON.
Services. Emma Whitaker Yoga offers the services more fully described on the Site, including but not limited to private and group yoga classes (either in-person, remotely via live webcam and/or pre-recorded video) (the “Services”). Emma Whitaker Yoga will provide the Services in accordance with the terms and subject to the conditions set forth in this Agreement.
Fees.
For the Services to be performed hereunder, Client shall pay to Emma Whitaker Yoga the fixed fee set out in Emma Whitaker Yoga's then-current standard published fee schedule. For online/digital Services, you understand that by agreeing to purchase Services at the prices advertised, you authorize us to charge your designated credit card on file in your account for the associated fee for those Services (the “Charges”). After each Charge is made to your credit card, you will receive a receipt via the email address in your account. At our sole discretion, we may invoice you for individual or regular Services. Payment for such Services shall be due upon receipt of the invoice. Late payments are subject to an interest charge of the lesser of 2% or the highest rate permitted by applicable law. All sales are final and nonrefundable.
Emma Whitaker Yoga accepts credit/debit card payments only. You agree to pay all fees charged to your account based on our fees, charges, and billing terms in effect as shown on the payment page when you confirm any purchases through the Services. All sales and payments will be in US Dollars.
Refund/Cancellation Policy. Live private one on one Services (in person or remotely via webcam) may be cancelled upon 24 hours prior notice. If you cancel a session with less than 24 hours prior notice, we may charge you a cancellation fee of up to 100% of the price advertised or otherwise agreed to for such Services. Attendance at prepaid live group yoga classes offered via webcam may be cancelled at any time prior to one hour before the start of class and you will not be charged for such classes or lose a previously purchased class credit. If you fail to cancel prior to one hour before the commencement of such live group classes, we may charge you the price advertised for such class. With respect to all other non-live Services, all sales are final and nonrefundable.
Intellectual Property. All intellectual property rights, including copyrights, patents, patent disclosures and inventions (whether patentable or not), trademarks, service marks, trade secrets, know-how, and other confidential information, trade dress, trade names, logos, corporate names and domain names, together with all of the goodwill associated therewith, derivative works and all other rights (collectively, "Intellectual Property Rights") in and to all documents, videos, tutorials, lessons, training materials, photographs, products and other materials that are delivered to Client under this Agreement or prepared by or on behalf of Emma Whitaker Yoga in the course of performing the Services (collectively, the "Content") shall be owned exclusively by Emma Whitaker Yoga. Emma Whitaker Yoga hereby grants Client a license to use all Intellectual Property Rights in the Content free of additional charge and on a non-exclusive, non-transferable, non-sublicensable, fully paid-up, royalty-free and perpetual basis, solely to the extent necessary to enable Client to make reasonable use of the Content and the Services and solely for Client’s personal, non-commercial use. You may not copy, modify, reproduce, publicly display or perform, distribute, or otherwise use the Content except as expressly set forth in this Agreement. You may not remove any copyright or other proprietary notices from any Content. If you breach any term of this Agreement, your authorization to use the Services and Content automatically terminates without notice to you. You hereby represent and warrant that you will not, and will not induce any third party to: (a) attempt to disable or circumvent any security mechanism used by the Services or Content or otherwise attempt to gain unauthorized access to any portion of the Services or Content or any other systems or networks connected to the Services, or to any server of Emma Whitaker Yoga or its third party service providers, by hacking, password “mining”, or any other illegal means; (b) use any “deep-link”, “page-scrape”, “robot”, “spider”, or other automatic device, program, algorithm or methodology, or any comparable annual process, to access, acquire, copy, or monitor any portion of the Services or Content; (c) use any device, software or routine to interrupt or interfere with, or attempt to interrupt or interfere with, the proper operation and working of the Services, the Site or with any other person’s use of the Services or the Site; (d) track or seek to trace any information on any other person who visits the Services; (e) use the Services or Content for, or in connection with, any illegal purpose, to solicit, facilitate, encourage, condone, or induce any illegal activity, or as otherwise prohibited by this Agreement or applicable laws, rules or regulations; or (f) copy, modify, create a derivative work of, reverse engineer, decompile, or otherwise attempt to extract the source code of any proprietary software used to provide, maintain, or otherwise applicable to the Services or Content.
Conduct. You agree to not cause any nuisance, harass any teacher or other students, or otherwise act offensively toward any teacher or other students. You are solely responsible for having a mobile device or other digital device compatible with the Services. You shall comply with all applicable laws and all rules or guidelines established by our third party service providers.
Contact. You agree that we contact you about your use of the Services through the email and/or phone number on file.
Term. This Agreement shall commence as of the Effective Date and shall continue thereafter until the completion of the Services unless sooner terminated pursuant to Section 8.
Termination. Either party may terminate this Agreement, effective upon notice to the other party; provided Client shall remain responsible for payment for Services rendered prior to the termination.
Independent Contractor. Emma Whitaker Yoga is for all purposes hereunder an independent contractor and in no event will Emma Whitaker Yoga be considered an agent or employee of Client or any of its subsidiaries or affiliates for any purpose.
Disclaimer of Warranties. THE SERVICES AND CONTENT ARE FURNISHED TO YOU “AS IS” AND WITHOUT WARRANTIES, REPRESENTATIONS OR CONDITIONS, STATUTORY OR OTHERWISE, OF ANY KIND. EMMA WHITAKER YOGA, ON BEHALF OF ITSELF AND ITS AFFILIATES, LICENSORS, SUPPLIERS, AND THIRD PARTY SERVICE PROVIDERS, AND EACH OF THEIR RESPECTIVE DIRECTORS, OFFICERS, EMPLOYEES, CONTRACTORS, AGENTS, SUCCESSORS, AND ASSIGNS (COLLECTIVELY, THE “EMMA WHITAKER YOGA PARTIES”): (A) EXPRESSLY DISCLAIMS ALL REPRESENTATIONS, WARRANTIES AND CONDITIONS, WHETHER EXPRESS, IMPLIED OR STATUTORY, INCLUDING, WITHOUT LIMITATION, THE IMPLIED WARRANTIES OF NON-INFRINGEMENT, TITLE, MERCHANTABILITY, AND FITNESS FOR A PARTICULAR PURPOSE; (B) DOES NOT REPRESENT OR WARRANT THAT THE SERVICES OR CONTENT WILL MEET YOUR REQUIREMENTS, OR THAT THE OPERATION OF THE SERVICES OR CONTENT WILL BE TIMELY, UNINTERRUPTED, STABLE, OR SECURE; (C) DOES NOT REPRESENT OR WARRANT THAT THE SERVICES OR CONTENT WILL BE ERROR-FREE OR THAT ANY DEFECTS WILL BE CORRECTED; AND (D) DOES NOT MAKE ANY REPRESENTATIONS, WARRANTIES, OR CONDITIONS REGARDING THE USE OF THE SERVICES, CONTENT OR PRODUCTS IN TERMS OF THEIR ACCURACY, RELIABILITY, TIMELINESS, COMPLETENESS, BENEFIT, OR OTHERWISE. YOUR USE OF THE SERVICES, CONTENT, PRODUCTS OR MEMBERSHIPS IS ENTIRELY AT YOUR OWN DISCRETION AND RISK AND YOU ASSUME TOTAL RESPONSIBILITY FOR YOUR USE OF THE SERVICES AND CONTENT. YOU FURTHER UNDERSTAND THAT THE SERVICES AND CONTENT ARE FITNESS RELATED AND NOT CONSIDERED MEDICAL CARE OR TELEMEDICINE SERVICES. THIS LIMITATION OF REMEDIES IS A PART OF THE BARGAIN BETWEEN YOU AND EMMA WHITAKER YOGA. NO ORAL OR WRITTEN INFORMATION OR ADVICE GIVEN BY EMMA WHITAKER YOGA OR ANY PERSON ON BEHALF OF EMMA WHITAKER YOGA SHALL CREATE A WARRANTY OR CONDITION, OR IN ANY WAY CHANGE THIS EXCLUSION OF WARRANTY. NOTHING IN THIS SECTION 10 SHALL EXCLUDE OR LIMIT THE EMMA WHITAKER YOGA PARTIES’ WARRANTIES, REPRESENTATIONS OR CONDITIONS TO THE EXTENT THEY MAY NOT BE LAWFULLY EXCLUDED OR LIMITED BY APPLICABLE LAW, IN WHICH CASE, SUCH WARRANTIES, REPRESENTATIONS OR CONDITIONS WILL BE EXCLUDED AND LIMITED TO THE GREATEST EXTENT PERMITTED BY APPLICABLE LAW.
Limitation of Liability. IN NO EVENT SHALL EMMA WHITAKER YOGA BE LIABLE TO CLIENT OR TO ANY THIRD PARTY FOR ANY LOSS OF USE, REVENUE, OR PROFIT, OR FOR ANY CONSEQUENTIAL, INCIDENTAL, INDIRECT, EXEMPLARY, SPECIAL, OR PUNITIVE DAMAGES WHETHER ARISING OUT OF BREACH OF CONTRACT, TORT (INCLUDING NEGLIGENCE), OR OTHERWISE, REGARDLESS OF WHETHER SUCH DAMAGE WAS FORESEEABLE AND WHETHER OR NOT EMMA WHITAKER YOGA HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES, AND NOTWITHSTANDING THE FAILURE OF ANY AGREED OR OTHER REMEDY OF ITS ESSENTIAL PURPOSE. IN NO EVENT SHALL EMMA WHITAKER YOGA'S AGGREGATE LIABILITY ARISING OUT OF OR RELATED TO THIS AGREEMENT, WHETHER ARISING OUT OF OR RELATED TO BREACH OF CONTRACT, TORT (INCLUDING NEGLIGENCE), OR OTHERWISE, EXCEED THE AGGREGATE AMOUNTS ACTUALLY PAID TO EMMA WHITAKER YOGA BY CLIENT IN THE SIX MONTH PERIOD PRECEDING THE EVENT GIVING RISE TO THE CLAIM.
Indemnity. Client shall release, defend, hold harmless, and indemnify the Emma Whitaker Yoga Parties from and against all claims, causes of action, losses, and damages caused by or related to Client’s breach of this Agreement, negligence, or use or misuse of the Services or Content.
General. This Agreement and all matters arising out of or relating to this Agreement are governed by, and construed in accordance with, the laws of Oklahoma, without giving effect to any conflict of laws provisions thereof that would result in the application of the laws of a different jurisdiction. Either party shall institute any legal suit, action, or proceeding arising out of or relating to this Agreement in the federal or state courts in each case located in Tulsa, Oklahoma. This Agreement, along with the Website Terms of Use and Privacy Policy and the Release of Liability and Assumption of Risk you are required to execute before the Services can commence contain the entire understanding of the parties with respect to the subject matter hereof, and supersedes all prior and contemporaneous written or oral understandings, agreements, representations, and warranties with respect to such subject matter. The parties may not amend this Agreement except by written instrument signed by the parties. No waiver of any right, remedy, power, or privilege under this Agreement ("Right(s)") is effective unless contained in a writing signed by the party charged with such waiver. No failure to exercise, or delay in exercising, any Right operates as a waiver thereof. No single or partial exercise of any Right precludes any other or further exercise thereof or the exercise of any other Right. The Rights under this Agreement are cumulative and are in addition to any other rights and remedies available at law or in equity or otherwise. Neither party may directly or indirectly assign, transfer, or delegate any of or all of its rights or obligations under this Agreement. Any purported assignment or delegation in violation of this Section shall be null and void. This Agreement is binding upon and inures to the benefit of the parties and their respective successors and permitted assigns. Except for the parties, their successors and permitted assigns, there are no third party beneficiaries under this Agreement. Any provision that, in order to give proper effect to its intent, should survive the expiration or termination of this Agreement, will survive such expiration or termination for the period specified therein.
Release of Liability and Assumption of Risk
EMMA WHITAKER YOGA LLC This agreement explains the risks you are assuming by beginning an yoga program with Emma Whitaker Yoga LLC. It is critical that you read and understand it completely. By registering and participating in courses, classes and programs or downloading content offered by Emma Whitaker Yoga LLC you agree to the following: RELEASE OF LIABILITY AND ASSUMPTION OF RISK The person registering (referred to as “I” or “me”) desires to participate in the yoga program being presented either in-person, remotely via live webcam and/or pre-recorded video, or otherwise available via electronic platforms such as YouTube, Facebook, Instagram, or other comparable sites (the “Activity”) presented by Emma Whitaker Yoga LLC, an Oklahoma limited liability company (the “Company”). As lawful consideration for the intangible value that I will gain by participating in the Activity, I agree to all the terms and conditions set forth in this agreement (this “Agreement”). I understand that yoga training may be a risk to my physical health and safety if not done properly. I further understand that it is the Company’s recommendation that I consult a physician prior to using any equipment, engaging in any yoga or exercise program or activity, whether or not such program is recommended by the Company. I understand that neither the Company nor the advice of any Company personnel is a substitute for medical advice from a licensed physician. I acknowledge that it is my sole responsibility to confirm that there is no medical or other reason preventing me from participating in the Activities. I understand the Activities require physical movement, training, stretching and exercise which may from time to time be strenuous, and that such Activities necessarily involve the risk of serious bodily injury and possibly death, which may be caused by my own actions or inactions or those of others participating in the Activities. I also understand and agree that the Activities and other services provided by Company are not medical treatment or telemedicine services. I am voluntarily participating in the Activities with full knowledge of the dangers involved and hereby agree to accept full responsibility for any and all injury or death, including without limitation, personal, bodily or mental injury, economic loss or any damage that I may suffer resulting from the acts of anyone at, or acting on behalf of, the Company. I hereby expressly WAIVE AND RELEASE any and all claims, now known or hereafter known, against the Company, and its officers, directors, employees, agents, affiliates, shareholders, successors, and assigns (collectively, “Releasees”), arising out of or attributable to my participation in the Activities, whether arising out of the negligence of the Company or any Releasees or otherwise. I covenant not to make or bring any such claim against the Company or any other Releasee, and forever release and discharge the Company and all other Releasees from liability under such claims. This Agreement constitutes the sole and entire agreement of the Company and me with respect to the subject matter contained herein and supersedes all prior and contemporaneous understandings, agreements, representations, and warranties, both written and oral, with respect to such subject matter. If any term or provision of this Agreement is invalid, illegal, or unenforceable in any jurisdiction, such invalidity, illegality, or unenforceability shall not affect any other term or provision of this Agreement or invalidate or render unenforceable such term or provision in any other jurisdiction. This Agreement is binding on and shall inure to the benefit of the Company and me and their respective successors and assigns. All matters arising out of or relating to this Agreement shall be governed by and construed in accordance with the internal laws of the State of Oklahoma without giving effect to any choice or conflict of law provision or rule (whether of the State of Oklahoma or any other jurisdiction). Any claim or cause of action arising under this Agreement may be brought only in the federal and state courts located in Tulsa, Oklahoma and I hereby consent to the exclusive jurisdiction of such courts. I ACKNOWLEDGE THAT I HAVE CAREFULLY READ ALL OF THE TERMS OF THIS AGREEMENT AND THAT I AM VOLUNTARILY GIVING UP SUBSTANTIAL LEGAL RIGHTS, INCLUDING THE RIGHT TO SUE THE COMPANY. I FULLY UNDERSTAND AND AGREE TO THE ABOVE. Privacy Policy and Website Terms of Use
EMMA WHITAKER YOGA LLC
Website Terms of Use and Privacy Policy
Last modified: April 4, 2020
Introduction
Emma Whitaker Yoga LLC (“Emma Whitaker Yoga,” “We” or “Us”) respects your privacy and is committed to protecting it through our compliance with this terms of use and privacy policy (the “Policy”).
This Policy describes the types of information we may collect from you or that you may provide when you visit the website emmawhitakeryoga.com or our social media sites (collectively, our “Sites”) and our practices for collecting, using, maintaining, protecting, and disclosing that information.
This Policy applies to information we collect on the Sites; and in email, text, and other electronic messages between you and the Sites. It does not apply to information collected by us offline or through any other means, including on any other website operated by any third-party, or by any third-party, including through any application or content (including advertising) that may link to or be accessible from or on the Sites.
Please read this Policy carefully to understand our policies and practices regarding your information and how we will treat it. If you do not agree with our policies and practices, your choice is not to use our Sites. By accessing or using these Sites, you agree to this Policy. This Policy may change from time to time. Your continued use of these Sites after we make changes is deemed to be acceptance of those changes, so please check the Policy periodically for updates.
General Registration Requirements. Visitors are currently permitted to view only limited portions of the Sites prior to deciding whether to become a registered user. Full access to the Sites and the Services is available only to registered users and, if a subscription is required, then only to registered users who are also paid subscribers. If you wish to become a registered user, you must register on our Sites, you must complete the registration procedures displayed on the registration page(s) of the Sites and, where applicable, pay the required subscription fee. Some aspects of the Sites and the Services are available to all registered users, and some are available only to registered users who have paid the required subscription fee and/or other charges, all of which are posted at the Sites.
Accessing the Sites. We reserve the right to withdraw or amend this Site, and any service or material we provide on the Sites, in our sole discretion without notice. Additionally, certain functions of the site, including but not limited to, payment processing and certain audio-visual components may be provided by a third party and you agree that we will not be liable in any manner with respect to such third party functions. We will not be liable if for any reason all or any part of the Site is unavailable at any time or for any period. From time to time, we may restrict access to some parts of the Site, or the entire Site, to users, including registered users.
Children Under the Age of 18. If you are under 18, do not use or provide any information on the Sites. Our Sites are not intended for children under 18 years of age. We do not knowingly collect personal information from children under 18. If we learn we have collected or received personal information from a child under 18 without verification of parental consent, we will delete that information. If you believe we might have any information from or about a child under 18, please contact us at emmawhitakeryoga@gmail.com.
Information We Collect About You and How We Collect It. We collect several types of information from and about users of our Sites, including information:
By which you may be personally identified, such as name, postal address, e-mail address, telephone number or any other identifier by which you may be contacted online or offline (“Personal Information”); and
About your location, internet connection, the equipment you use to access our Sites, and usage details.
We collect this information:
Directly from you when you provide it to us.
Automatically as you navigate through the site. Information collected automatically may include usage details, IP addresses, and information collected through cookies and other tracking technologies.
From third-parties, including our business partners.
Information You Provide to Us. The information we collect on or through our Sites may include:
Information that you provide by completing forms on our Sites. This includes information provided at the time of registering to use our Sites, posting material, or requesting services. We may also ask you for information when you report a problem with our Sites.
Records and copies of your correspondence (including email addresses) if you contact us.
Your search queries on the Sites.
You also may provide information to be published or displayed (hereinafter, “posted”) on public areas of the Sites, or to be transmitted to other users of the Sites or third-parties (collectively, “User Contributions”). Your User Contributions are posted and transmitted to others at your own risk. Although you may set certain privacy settings for such information, please be aware that no security measures are perfect or impenetrable. Additionally, we cannot control the actions of other users of the Sites with whom you may choose to share your User Contributions. Therefore, we cannot and do not guarantee that your User Contributions will not be viewed by unauthorized persons.
Information We Collect Through Automatic Data Collection Technologies
As you navigate through and interact with our Sites, we may use automatic data collection technologies to collect certain information about your equipment, browsing actions, and patterns, including:
Details of your visits to our Sites, including traffic data, location data, and other communication data and the resources that you access and use on the Sites.
Information about your computer and internet connection, including your IP address, operating system, and browser type.
Collecting IP addresses is standard practice and is done automatically by many websites, applications and other services. We use IP addresses for purposes such as calculating usage levels, diagnosing server problems and administering the Sites(s). We may also derive your approximate location from your IP address.
The information we collect automatically is only statistical data and does not include personal information. It helps us to improve our Sites and to deliver a better and more personalized service by enabling us to:
Estimate our audience size and usage patterns.
Store information about your preferences, allowing us to customize our Sites according to your individual interests.
Speed up your searches.
Recognize you when you return to our Sites.
The technologies we use for automatic data collection may include:
Cookies (or browser cookies). A cookie is a small file placed on the hard drive of your computer. You may refuse to accept browser cookies by activating the appropriate setting on your browser. However, if you select this setting you may be unable to access certain parts of our Sites. Unless you have adjusted your browser setting so that it will refuse cookies, our system may issue cookies when you direct your browser to our Sites.
Flash Cookies. Certain features of our Sites may use local stored objects (or Flash cookies) to collect and store information about your preferences and navigation to, from, and on our Sites. Flash cookies are not managed by the same browser settings used for browser cookies. For information about managing your privacy and security settings for Flash cookies, see Choices About How We Use and Disclose Your Information.
Web Beacons. Pages of our the Sites may contain small electronic files known as web beacons (also referred to as clear gifs, pixel tags, and single-pixel gifs) that permit us, for example, to count users who have visited those pages or opened an email and for other related website statistics (for example, recording the popularity of certain website content and verifying system and server integrity).
Google Analytics. We may use Google Analytics or similar tools to track how you and others use certain Sites in order to manage and improve those Sites. Such tools collect information such as how often users visit this site, what pages they visit when they do so, and what other sites they used prior to coming to this site. Google Analytics collects only the IP address assigned to you on the date you visit this site, rather than your name or other identifying information. We do not combine the information collected through the use of Google Analytics with personally identifiable information. For information on how Google uses this information, and how you can control the usage of that information, please click here.
Google AdWords. We use the various Google AdWords features to advertise on third-party websites, including Google, to previous visitors to the Sites. With Google Ads Remarketing, third-party vendors use Cookies (including third-party Cookies such as those from DoubleClick) to provide our advertisements on the internet based upon your past visits to the Sites, and with Demographics and Interest Reporting, we use aggregate data provided (such as age, gender, and interests) to understand and communicate better with visitors to the Sites. You may opt-out of Google’s use of Google AdWords by adjusting your advertising settings. To opt-out of a third-party vendor’s use of cookies you may visit the Network Advertising Initiative (“NAI”) opt-out page.
Third-Party Use of Cookies and Other Tracking Technologies. Some content or applications, including advertisements, on the Sites are served by third-parties, including advertisers, ad networks and servers, content providers, and application providers. These third-parties may use cookies to collect information about you when you use our website. The information they collect may be associated with your personal information or they may collect information, including personal information, about your online activities over time and across different websites and other online services. They may use this information to provide you with interest-based (behavioral) advertising or other targeted content.
We do not control these third-parties’ tracking technologies or how they may be used. If you have any questions about an advertisement or other targeted content, you should contact the responsible provider directly. For information about how you can opt-out of receiving targeted advertising from many providers, see Choices About How We Use and Disclose Your Information below.
Links from the Site. If the Site contains links to other sites and resources provided by third parties, these links are provided for your convenience only. This includes links contained in advertisements, including banner advertisements and sponsored links. We have no control over the contents of those sites or resources, and accept no responsibility for them or for any loss or damage that may arise from your use of them. If you decide to access any of the third-party websites linked to this Site, you do so entirely at your own risk and subject to the terms and conditions of use for such websites.
How We Use Your Information. We use information that we collect about you or that you provide to us, including any personal information:
To present our Sites and its related contents to you.
To determine if we can provide you with information, products, or services that you request from us, and to do so if possible.
To fulfill any other purpose for which the information is provided.
To carry out our obligations and enforce our rights arising from any contracts entered into between you and us, including for billing and collection.
To notify you about changes to our Sites or any products or services we offer or provide though it.
In any other way we may describe when you provide the information.
For any other purpose with your consent.
Disclosure of Your Information. We may disclose aggregated information about our users, and information that does not identify any individual, without restriction.
We may disclose personal information that we collect or that you provide as described in this Policy:
To contractors, service providers, and other third-parties we use to support our business and who are bound by contractual obligations to keep personal information confidential and use it only for the purposes for which we disclose it to them.
To fulfill the purpose for which you provide it.
For any other purpose disclosed by us when you provide the information.
With your consent.
We may also disclose your personal information:
To comply with any court order, law, or legal process, including response to any government or regulatory request.
To enforce or apply our Terms of Service and other agreements, including for billing and collection purposes.
If we believe disclosure is necessary or appropriate to protect the rights, property, or safety of Emma Whitaker Yoga, our clients, or others.
Choices About How We Use and Disclose Your Information. We strive to provide you with choices regarding the personal information you provide to us. We have created mechanisms to provide you with the following control over your information:
Tracking Technologies and Advertising. You can set your browser to refuse all or some browser cookies, or to alert you when cookies are being sent. To learn how you can manage your Flash cookie settings, visit the Flash player settings page on Adobe’s website. If you disable or refuse cookies, please note that some parts of this site may then be inaccessible or not function properly.
Information about Emma Whitaker Yoga Services. If you do not wish to have your contact information used by Emma Whitaker Yoga to promote our own or third-party products or services, you can opt-out by sending us an email stating your request to emmawhitakeryoga@gmail.com. If we have sent you a promotional email, you may send us a return email asking to be omitted from future email distributions.
We do not control third-party collection or use of your information to serve interest-based advertising. However, these third-parties may provide you with ways to choose not to have your information collected or used in this way. You can opt-out of receiving targeted ads from members of the NAI on the NAI’s website.
Accessing and Correcting Your Information. You may send us an email at emmawhitakeryoga@gmail.com to request access to, correction or deletion of any personal information that you have provided to us. We cannot delete your personal information except by also deleting your user account. We may not accommodate a request to change information if we believe the change would violate any law or legal requirement or cause the information to be incorrect.
If you delete your User Contributions from the Sites, copies of your User Contributions may remain viewable in cached and archived pages or might have been copied or stored by other Sites users. Access and use of information provided on the Sites, including User Contributions, is governed by our Terms of Service.
Using our Sites from Outside of the United States. This Policy is intended to cover collection of information on or via our Sites from residents of the United States. If you are using our Sites from outside the United States, please be aware that your information may be transferred to, stored, and processed in the United States where our servers are located and our central database is operated. The data privacy and protection laws of the United States might not be as comprehensive as those in your country. By using our Sites, you understand that your information may be transferred to our facilities and those third parties with whom we share it as described in this Policy.
Your California Privacy Rights. If you are a California resident, California law requires that we provide you with a summary of your privacy rights under the California Online Privacy Protection Act (the “Act”), the Shine the Light Law (the “Law”), and the California Business and Professions Code and Civil Code (the “Codes”). As required by the Act, the Law and the Codes, we will provide you with the categories of personally identifiable information that we collect through this Website and the categories of third-party persons or entities with whom such personally identifiable information may be shared for direct marketing purposes at your request. We are required to inform you, at your request: (1) the categories of personally identifiable information we collect and what third-parties, we share that information with; (2) the names and addresses of those third-parties; and (3) examples of the products marketed by those companies. We are also required to allow you to control who we can and cannot share that information with. To obtain this information, please send a request by email. When contacting us, please indicate your name, address, and what personally identifiable information you do not want us to share with third-parties. The request should be emailed to us at emmawhitakeryoga@gmail.com and labeled “California Customer Choice Notice.” Please allow thirty (30) days for a response. Also, please note that there is no charge for controlling the sharing of your personally identifiable information or requesting this notice.
Data Security. We have implemented reasonable measures designed to secure your personal information from accidental loss and from unauthorized access, use, alteration, and disclosure. The safety and security of your information also depends on you. Where we have given you (or where you have chosen) a password for access to certain parts of our Sites, you are responsible for keeping this password confidential. We ask you not to share your password with anyone.
Unfortunately, the transmission of information via the internet is not completely secure. Although we do our best to protect your personal information, we cannot guarantee the security of your personal information transmitted to our Sites. Any transmission of personal information is at your own risk. We are not responsible for circumvention of any privacy settings or security measures contained on the Sites.
Prohibited Conduct. You acknowledge and agree that you shall not use the Sites to post or otherwise transmit any User Contribution that:
is patently offensive and/or promotes racism, bigotry, hatred or physical harm of any kind against any group or individual;
harasses or advocates harassment of another person;
exploits people in a sexual or violent manner;
contains nudity, violence, or offensive subject matter;
solicits personal information from anyone under the age of eighteen (18);
provides any telephone numbers, street addresses, last names or email addresses of anyone other than your own;
promotes information that you know is false or misleading or promotes illegal activities or conduct that is abusive, threatening, obscene, defamatory or libelous;
violates any intellectual property or other proprietary right of any third party;
involves the transmission of “junk mail,” “chain letters,” or unsolicited mass mailing, instant messaging, “spimming,” or “spamming”;
contains restricted or password only access pages or hidden pages or images (those not linked to or from another accessible page);
furthers or promotes any criminal activity or enterprise or provides instructional information about illegal activities including, but not limited to making or buying illegal weapons, violating someone's privacy, or providing or creating computer viruses;
solicits passwords or personal identifying information for commercial or unlawful purposes from other users;
involves commercial activities and/or sales without our prior written consent, such as contests, sweepstakes, barter, advertising, or pyramid schemes;
includes a photograph of another person that you have posted without that person’s consent or, in the case of children under the age of eighteen (18), parental consent, or otherwise constitutes an invasion of an individual’s privacy or infringement of publicity rights; or
contains a virus or other harmful component.
Our Intellectual Property. All intellectual property rights, including copyrights, patents, patent disclosures and inventions (whether patentable or not), trademarks, service marks, trade secrets, know-how, and other confidential information, trade dress, trade names, logos, corporate names and domain names, together with all of the goodwill associated therewith, derivative works and all other rights (collectively, "Intellectual Property Rights") in and to all documents, videos, tutorials, lessons, training materials, photographs, products and other visual, audio, digital, or written materials that are prepared by or on behalf of Emma Whitaker Yoga and presented on the Sites (collectively, the "Content") shall be owned exclusively by Emma Whitaker Yoga. You may not copy, modify, reproduce, publicly display or perform, distribute, or use the Content for commercial purposes. You may not remove any copyright or other proprietary notices from any Content.
Monitoring and Enforcement; Termination. We have the right to:
Remove or refuse to post any User Contributions for any or no reason in our sole discretion.
Take any action with respect to any User Contribution that we deem necessary or appropriate in our sole discretion, including if we believe that such User Contribution violates this Policy, infringes any intellectual property right or other right of any person or entity, threatens the personal safety of users of the Site or the public, or could create liability for the Emma Whitaker Yoga LLC.
Take appropriate legal action, including without limitation, referral to law enforcement, for any illegal or unauthorized use of the Site.
Terminate or suspend your access to all or part of the Site for any or no reason, including without limitation, any violation of this Policy.
Changes to Our Policy. It is our policy to post any changes we make to the Policy on this page. If we make material changes to how we treat our users’’ personal information, we will notify you through a notice on the Sites’ home pages. The date the Policy was last revised is identified at the top of the page. You are responsible for ensuring we have an up-to-date active and deliverable email address for you, and for periodically visiting our Sites and this Policy to check for any changes.
Contact Information. To ask questions or comment about this Policy and our privacy practices, or to register a complaint, contact us at emmawhitakeryoga@gmail.com.
Acknowledgement. BY ACCESSING THE SITE, YOU ACKNOWLEDGE THAT YOU HAVE READ THIS POLICY AND AGREE TO BE BOUND BY IT.