YOGA by the Sea

Yoga by the Sea, Fit for You Studios & Fit for You @ Work, Fit for You @ Work
Terms, Conditions, Release and Waiver of Liability

PLEASE READ THE FOLLOWING TERMS AND CONDITIONS CAREFULLY.

By using the pages in this site, you agree to these terms and conditions. If you do not agree, you should not use this site. Restrictions on use Material from "www.fitforyouatwork.org" may not be copied (except as required to view the site) or distributed, or republished, uploaded, posted, or transmitted in any way, without the prior written consent of Yoga, by the Sea, Fit for You Studios, LLC d/b/a Fit for You @ Work or any of their subsidiaries (collectively "FFY"), EXCEPT: you may download one copy of the material (including any document, information, data, videos (including all files and images contained in or generated by the software, and any accompanying data) or other materials provided that

(1) you do not delete or change any copyright, trademark, or other proprietary notices in or on any such materials;

(2) you include the copyright notice "© Fit for You Studios, LLC" on any copy of the material or any portion thereof, and

(3) you use the material only for non-commercial informational purposes. Modification or use of the materials for any other purpose violates FFY’s intellectual property rights.

The material in this site is provided for lawful purposes only. If you download any material (including software) from our site, such materials are deemed to be licensed to you by FFY. Neither title nor any intellectual property rights are transferred to you, but remain with FFY, who owns full and complete title. You may not resell, decompile, reverse engineer, disassemble, or otherwise convert any software, videos, flash graphics or information from this site to a human perceivable form. Except as expressly provided herein, nothing in this agreement shall be construed as conferring by implication, estoppel or otherwise any license or right under any copyright, patent, trademark or other intellectual property right of FFY or any third party.
Restriction of liability FFY will not be liable for any damages or injury caused by, including but not limited to, any failure of performance, error, omission, interruption, defect, delay in operation of transmission, computer virus, or line failure. FFY will not be liable for any damages or injury, including but not limited to, direct or indirect, special or consequential damages that result from the use of, or the inability to use, the materials in this site, even if there is negligence by FFY or an authorized FFY representative has been advised of the possibility of such damages, or both. You warrant that you will use any information provided herein at your own risk and will not use the information in any way which will expose FFY to liability for patent infringement. In the event of liability, however, FFY total liability to you for all losses, damages, and causes of action will not be greater than the amount you paid to access this site.

Submissions All data, remarks, suggestions, ideas, graphics, or other information communicated to FFY through this site (hereinafter collectively referred to as the "Submission") will forever be the property of FFY. FFY will not be required to treat any Submission as confidential, and will not be liable for any ideas for its business (including without limitation, product, or advertising ideas) and will not incur any liability as a result of any similarities that may appear in future FFY operations. Without limitation, FFY will have exclusive ownership of all present and future existing rights to the Submission of every kind and nature everywhere. FFY will be entitled to use the Submission for any commercial or other purpose whatsoever, without compensation to you or any other person sending the Submission. You acknowledge that you are responsible for whatever material you submit, and you, not FFY have full responsibility for the message, including its legality, reliability, appropriateness, originality and copyright.

Jurisdiction Except as described otherwise, all materials in the FFY site are made available only to provide information about FFY and its products. FFY controls and operates this site from its headquarters in Pompano Beach, Florida, United States of America, and makes no representation that these materials are appropriate or available for use in other locations. If you use this site from other locations you are responsible for compliance with applicable local laws. Export outside the United States of America of any software or other material from this site may be restricted and may require an export licensee under applicable statues and regulations of the United States of America. Without limiting the generality of the foregoing, some material (including software) from this site may be subject to export controls imposed by the United States and may not be downloaded or otherwise exported or reexported; (a) into (or to a national or resident of) any country to which the U.S. has placed an embargo or restriction; (b) to everyone on the U.S. Treasury Department's Specially Designated Nationals list, or (c) the U.S. Commerce Departments Table of Denial Orders. If you download or use any material (including software) from this site, you represent and warrant that you are located in, or under the control of, or a national or any such country or on any such list.

Disclaimer The material in this site could include technical inaccuracies or typographical errors. FFY may make changes to the materials located at this site, and FFY or its suppliers may make improvements and/or changes in any products(s), process(es), technology, descriptions(s) or other information contained in the materials at any time.

THE MATERIALS IN THIS SITE ARE PROVIDED "AS IS" AND WITHOUT WARRANTIES OF ANY KIND EITHER EXPRESSED OR IMPLIED, TO THE FULLEST EXTENT PERMISSIBLE PURSUANT TO APPLICABLE LAW, AND FFY DISCLAIMS ALL WARRANTIES OF ANY KIND, INCLUDING BUT NOT LIMITED TO WARRANTIES OF MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE OR NONINFRINGEMENT. FFY DOES NOT WARRANT THAT THE FUNCTIONS CONTAINED IN THE MATERIAL WILL BE UNINTERRUPTED OR ERROR-FREE, THAT DEFECTS WILL BE CORRECTED, OR THAT THIS SITE OR THE SERVER THAT MAKES IT AVAILABLE ARE FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS. FFY DOES NOT WARRANT OR MAKE ANY REPRESENTATIONS REGARDING THE USE OF OR THE RESULT OF THE USE OF THE MATERIAL IN THIS SITE IN TERMS OF THEIR CORRECTNESS, ACCURACY, RELIABILITY, OR OTHERWISE. YOU (AND NOT FFY) ASSUME THE ENTIRE COST OF ALL NECESSARY SERVICING, REPAIR OR CORRECTION. THE ABOVE EXCLUSION MAY NOT APPLY TO YOU, TO THE EXTEND THAT APPLICABLE LAW MAY NOT ALLOW THE EXCLUSION OF IMPLIED WARRANTIES.

You may terminate this agreement by destroying: (a) all materials obtained from all FFY sites, and (b) all related documentation and all copies and installations (hereinafter collectively referred to as the "Materials"). FFY may terminate this agreement immediately without notice if, in its sole judgment, you breach any term or condition of this agreement. Upon termination, you must destroy all materials.
Materials These Terms and Conditions will be governed and be interpreted pursuant to the laws of the State of Maine, United States of America, notwithstanding any principles of conflicts of law. If any part of these Terms and Conditions is unlawful, void, or unenforceable, that part will be deemed severable and will not affect the validity and enforceability of any remaining provisions. Possible evidence of use of this site for illegal purposes will be provided to law enforcement authorities. This is the entire agreement between the parties relating to the use of this site. FFY can revise these Terms and Conditions at any time by updating this posting. FFY products and services are available in many parts of the world. However, the FFY site may describe products and services that are not available worldwide. This site may be linked to other sites which are not maintained by FFY. FFY is not responsible for the content of those sites. The inclusion of any link to such sites does not imply endorsement by FFY of the sites.

Use, duplication or disclosure of the materials from this site to or by the United States Government is subject to the restrictions set forth in DAR 252.227-7013(c)(1)(ii) and FAR 52.227.1.

The name of any FFY subsidiary and/or their logos may not be used in advertising or publicity pertaining to the distribution of any information in the materials from this site without the express written consent of FFY.

Users of this site hereby state that they are physically sound and suffering from no condition, impairment, disease, infirmity or other illness that would prevent my participation in the classes or services offered by FFY.  Users acknowledge that they have had a physical examination and been given my physician’s permission to participate, or that they have decided to participate in the activity without the approval of my physician and do hereby assume all responsibility for my participation and activities.

Users have been informed that participating in any exercise or sports activity, including a fitness program and related activities, can be dangerous and can involve many risks or injuries.  Users of this site understand that the dangers and risks of participating in these activities may result not only from my actions, but from those of others who participate.  All users participate at OWN RISK. 

In consideration of my participation in the activities offered by YOGA by the Sea, Fit for You Studios or Fit for You @ Work, User knowingly and voluntarily accept the risk and agree that Fit for You Studios, and their officers, shareholders, directors, members, agents, employees, instructors, volunteers, independent contractors, and those acting by and/or on behalf of Yoga by the Sea, Fit for You Studios or Fit for You @ Work will not be liable (whether related to a fitness program or not) for any and all liability, claims, causes of action or demands of any kind and nature whatsoever which may result or arise, by or in connection with my participation in any activities related to the programs provided by Yoga by the Sea, Fit for You Studios or Fit for You @ Work.  The scope of this document includes without limitation any personal, bodily, or mental injury, economic loss or damage to me, my spouse, guests, dependents, children, or relatives resulting from any and all acts of negligence on the part of Yoga by the Sea, Fit for You Studios or Fit for You @ Work.  This release shall unequivocally release Yoga by the Sea, Fit for You Studios or Fit for You @ Work, its affiliates, officers, shareholders, directors, members, agents, employees, instructors, volunteers, independent contractors and those acting by and/or on behalf of Yoga by the Sea, Fit for You Studios, or Fit for You @ Work from all claims, injuries and damages, present or future, anticipated or unanticipated, resulting from or arising out of my use or intended use of the facilities or equipment.

User hereby certify that they are at least 18 years of age and have read the contents of this informed consent and release of liability.   (Parent or guardian permission is required for participants under 18 years of age.)

I HAVE READ THE ABOVE STATEMENTS AND UNDERSTAND THE CONDITIONS. I HEREBY AGREE TO ADHERE TO ALL TERMS AND CONDITIONS STATED ABOVE.