Please read this end user license agreement very carefully. By accessing or using www.YogaDailyFitness.com and/or downloading/installing the Yoga Daily Fitness Software, you are agreeing to the terms of this EULA. If you do not agree to the terms of this EULA, you must not access, download, install or use the Site and Software.
Section 1: Installation
Your download and installation is managed by your web browser. You will be prompted by your web browser to install a browser extension powered by the Company. Upon acceptance of your browser dialogs to install our extensions will be accessible for your use through your web browser. During the installation process the extension will replace your new tab.
Section 2: Advertising
By accessing the Sites and downloading the Content, you hereby grant us permission to display promotional information, advertisements, and offers for third party products or services (collectively "Advertising").
Information about these ads is available by clicking the "about this ad" link in the ad display frame or as expressed in this EULA hereunder. You can easily uninstall or disable our product from the Add/Remove control panel (if you installed via a downloaded executable) or from within your browser.
Section 4: Grant of License
We grant you a non-exclusive, non-transferable and non-assignable license to use the Content, in accordance with the terms and conditions of this Agreement. Other than the rights expressly granted hereunder, no other right is granted. You agree not to add to, subtract from or otherwise modify, translate, disassemble, decompile, reverse engineer, or create derivative works of the Content. You may not rent, lease, sell, redistribute, sublicense or otherwise transfer the Content. You may make only such copies of the Content as are reasonably necessary for your own use, and any copy made by you must bear the same copyright and other proprietary notices that appear on the copy furnished by us.
Section 5: Termination
You may terminate this agreement at any time by uninstalling the Extension and ceasing use of the site. This license will immediately terminate if you violate any provision of this Agreement. We may also terminate this license at any time without notice.
Section 6: Disclaimer
WE PROVIDE ALL CONTENT "AS IS," "WITH ALL FAULTS," AND WITHOUT ANY WARRANTY WHATSOEVER. ALL SITES ARE PROVIDED ON AN AS IS, AS AVAILABLE BASIS. WE DISCLAIM ALL WARRANTIES, EXPRESS OR IMPLIED, INCLUDING ANY IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR ANY PARTICULAR PURPOSE, TITLE OR NON-INFRINGEMENT. WE DO NOT WARRANT ANY PART OF THE CONTENT NOR DO WE REPRESENT THE CONTENT WILL MEET YOUR NEEDS OR THAT ITS OPERATION WILL BE UNINTERRUPTED OR ERROR FREE. THE ENTIRE RISK AS TO THE QUALITY AND PERFORMANCE OF THE CONTENT IS WITH YOU.
Section 7: Exclusive Remedy
IF YOU ARE DISSATISFIED WITH THE SITES, THE CONTENT OR THESE TERMS AND CONDITIONS, YOUR SOLE AND EXCLUSIVE REMEDY IS TO DISCONTINUE USING THE SITES AND CONTENT.
Section 8: Limitations of Liability
WE ARE NOT LIABLE TO YOU OR ANY OTHER PERSON FOR ANY INCIDENTAL, CONSEQUENTIAL, SPECIAL, INDIRECT, PUNITIVE OR EXEMPLARY DAMAGES, INCLUDING, WITHOUT LIMITATION, EQUIPMENT DOWNTIME, LOSS OF DATA, OR LOST PROFITS, EVEN IF WE HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. YOU AGREE THAT OUR AGGREGATE LIABILITY, HOWSOEVER ARISING OUT OF OR RELATING TO THIS AGREEMENT OR THE SUBJECT MATTER HEREOF, SHALL, IN NO EVENT, EXCEED ONE DOLLAR (US$1.00). BY INSTALLING OR USING THE CONTENT, YOU ACCEPT SOLE RESPONSIBILITY FOR ALL CONSEQUENCES ARISING THEREFROM AND ACKNOWLEDGES THAT NO CLAIM WHATSOEVER WILL BE MADE AGAINST US OR OUR LICENSORS, DISTRIBUTORS, AGENTS, EMPLOYEES OR AFFILIATES.
Section 9: Third-Party Advertisers
Section 10: Waiver of Claims and Indemnification
Section 11: Resolution through Arbitration
Any claims and/or disputes arising out of or related to this TOS, the Site and Extension and/or any services or products acquired under or relating to thisTOS shall be exclusively resoled through binding arbitration. Such arbitration shall be subject to the Federal Arbitration Act and the rules of the American Arbitration Association, which shall govern such arbitration and be conducted before a single arbitrator in California. No claimants shall have their claims/disputes resolved on a class basis and accordingly, class action or join our respective claims in arbitration by or against other user or arbitrate any claims as a member of a class or in a private capacity. Both parties shall share the costs of the arbitration and the us of the arbitrator. Except for the cost of the arbitrator, each party shall bear its own costs (including respective attorneys fee). Any aware rendered in arbitration shall be final and binding, and may be enforced in any court having competent jurisdiction. In addition to any other available remedies, we shall have the right to seek injunctive relief to protect our intellectual property rights to our Site and Software.
No Modifications or Waiver
This Agreement may not be modified or amended except by a separate writing, signed by both you and us. The failure by us at any time to enforce any of the provisions of this Agreement or any right or remedy available here under or at law or in equity, or to exercise any option herein provided, will not constitute a waiver of such provision, right, remedy or option or in any way affect the validity of this Agreement. The waiver of any default by us will not be deemed a continuing waiver, but will apply solely to the instance to which such waiver is directed.
Effect of Agreement, Survival of Terms
This Agreement will be binding upon and inure to the benefit of the parties and their respective successors and permitted assigns. No third party beneficiaries are intended or created by virtue of this Agreement. This Agreement does not create a partnership, joint venture or agency relationship between the parties. Any terms of this Agreement that would, by their nature, survive the expiration or termination of this Agreement will survive. You acknowledge that you have not been induced to enter into this Agreement by any representations or statements, oral or written, not expressly contained in this Agreement.
A printed version of this Agreement and of any notice given in electronic form shall be admissible in judicial or administrative proceeding to the same extent and subject to the same conditions as other business documents and records originally generated and maintained in printed form.
Correction of Errors and Inaccuracies
This Agreement, the Content, and Sites may contain typographical errors or other errors or inaccuracies. We reserve the right to correct any errors, inaccuracies or omissions and to change or update this Agreement, the Content or Sites at any time without prior notice. We do not however, guarantee that any errors, inaccuracies or omissions will be corrected.
Section 12: Additional Information
If you have any questions regarding this Agreement or wish to obtain additional information, you can contact us at firstname.lastname@example.org
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160 Greentree Dr. Dover
DE 19904 United States