Terms of Service

Yoga at the Park (YAP) Terms of Service

Effective Date: 03-26-2023

These Terms of Service ("Terms") govern your access to and use of the Yoga at the Park ("YAP") website, platform, and services (collectively, the "Services"). By accessing or using the Services, you agree to be bound by these Terms.

Acceptance of Terms

By accessing or using the Services, you confirm your agreement to be bound by these Terms. If you do not agree to these Terms, you may not access or use the Services.

Changes to Terms

YAP reserves the right to modify these Terms at any time. We will notify you of any material changes by posting the updated Terms on our platform and updating the effective date at the top of this page. Your continued use of the Services following the posting of updated Terms constitutes your acceptance of those changes.

Eligibility

To use the Services, you must be at least 18 years of age and capable of entering into legally binding contracts. By accessing or using the Services, you represent and warrant that you meet these eligibility requirements.

User Accounts

To access certain features of the Services, you must create an account by providing accurate and complete information about yourself. You are responsible for maintaining the confidentiality of your account information, including your username and password, and for all activities that occur under your account.

User Conduct

You agree to use the Services only for lawful purposes and in compliance with these Terms, our Privacy Policy, and any other policies or guidelines we may provide. You agree not to engage in any conduct that could harm or interfere with the Services, other users, or the enjoyment of our services.

User-Generated Content

You are solely responsible for any content that you create, post, or share on or through the Services, including but not limited to text, images, videos, and other materials ("User Content"). By submitting User Content, you grant YAP a non-exclusive, royalty-free, worldwide, sublicensable, and transferable license to use, reproduce, distribute, prepare derivative works of, display, and perform the User Content in connection with the Services and YAP's business.

You represent and warrant that you have all necessary rights, licenses, and permissions to grant the foregoing license and that your User Content does not infringe any intellectual property or other rights of any third party.

YAP reserves the right, but has no obligation, to review, remove, or modify any User Content in our sole discretion.

Prohibited Activities

You agree not to engage in any of the following activities while using the Services:

• Violating any applicable laws, regulations, or YAP's policies or guidelines.
• Creating, sharing, or promoting any content that is unlawful, harmful, abusive, defamatory, or otherwise objectionable.
• Infringing any intellectual property or other rights of any third party.
• Attempting to gain unauthorized access to the Services, other users' accounts, or YAP's systems or networks.
• Using the Services for any commercial purpose other than as expressly permitted by these Terms or with our prior written consent.
• Accepting cash or payment for a class (Instructors) except through the YAP system (Yogaatthepark.com)

Intellectual Property Rights

All content, features, and functionality available on or through the Services, including but not limited to text, graphics, logos, images, and software, are the property of YAP or its licensors and are protected by copyright, trademark, and other intellectual property laws.

Disclaimer of Warranties and Limitation of Liability

The Services are provided on an "as is" and "as available" basis, without any warranties of any kind, either express or implied. YAP disclaims all warranties, express or implied, including but not limited to implied warranties of merchantability, fitness for a particular purpose, and non-infringement.

In no event shall YAP, its affiliates, officers, employees, agents, or licensors be liable for any direct, indirect, incidental, special, consequential, or punitive damages, including but not limited to lost profits, loss of data, or other damages arising out of or in connection with your use of, or inability to use, the Services, even if we have been advised of the possibility of such damages.

Indemnification

You agree to indemnify, defend, and hold harmless YAP, its affiliates, officers, employees, agents, and licensors from and against any claims, liabilities, damages, losses, and expenses, including reasonable attorneys' fees, arising out of or in any way connected with your access to or use of the Services, your violation of these Terms, or your infringement of any intellectual property or other rights of any third party.

Termination

YAP may, in its sole discretion, terminate or suspend your access to the Services at any time, with or without notice, for any reason, including but not limited to your breach of these Terms. Upon termination, all provisions of these Terms shall survive and continue in full force and effect, except for any provisions granting you access to or use of the Services.

Governing Law and Dispute Resolution

These Terms shall be governed by and construed in accordance with the laws New Mexico. Any disputes arising out of or relating to these Terms or your use of the Services shall be resolved by binding arbitration in the applicable jurisdiction, in accordance with the rules of the applicable arbitration organization.

Severability

If any provision of these Terms is found to be unenforceable or invalid, that provision shall be limited or eliminated to the minimum extent necessary so that these Terms shall otherwise remain in full force and effect and enforceable.

Entire Agreement

These Terms, together with our Privacy Policy and any other policies or guidelines we may provide, constitute the entire agreement between you and YAP regarding your use of the Services and supersede any prior agreements or understandings, whether written or oral, on the subject matter hereof.

Contact Us

If you have any questions or concerns about these Terms or our Services, please contact us at:

Services@yogaatthepark.com 

By using the Yoga at the Park (YAP) platform, you acknowledge that you have read, understood, and agreed to the terms of these Terms of Service.