Terms and Conditions - Saraswati's Yoga JointSaraswati's Yoga Joint

All customers of Saraswati’s Yoga Joint, Inc. (Saraswati’s Yoga Joint) (“SYJ” ) are subject to the Terms and Conditions expressed below.

Last Modified: August 24th, 2020

Acceptance of Terms of Use

Welcome to the website of Saraswati’s Yoga Joint, Inc. (the “Company”, “we” or “us”). The following terms and conditions (these “Terms of Use”), together with the Privacy Policy and our Saraswati’s Yoga Joint Policies govern your access to and use of our website, www.syjyoga.com (the “Website”), including any content, functionality and services offered on or through the Website.

Please read these Terms of Use, the Privacy Policy carefully before you start to use the Website. By using the Website, you accept and agree to be bound and abide by these Terms of Use, our Privacy Policy (collectively, the “Agreement”). If you do not want to agree to the terms of the Agreement, you must not access or use the Website.

Eligibility

The Website is offered and available to users who are 13 years of age or older and who reside in the United States of America or any of its territories or possessions only. By using this Website, you represent and warrant that you meet all of the foregoing eligibility requirements. If you do not meet all of these requirements, you must not access or use the Website.

Accounts

In order to access some features of the website, you will have to create an Saraswati’s Yoga Joint (SYJ) account. You may never use another person’s account without permission. When creating your account, you must provide accurate and complete information. You are solely responsible for the activity that occurs on your account, and you must keep your account password secure. You must notify us immediately of any breach of security or unauthorized use of your account.

Cancellation Policy

To receive a class credit for a canceled reservation, you must cancel your class by 6 p.m. the night before your scheduled class. Once you cancel a class, it is returned to your account to be used at a future date. Classes not canceled by 6 p.m. the night before your scheduled class will be charged the normal class fee and no refunds or credits will be issued. Special event registrations can be canceled, but you will not receive a credit to take another class or special event once canceled. For ALL unlimited package holders (SYJ Annual Membership, SYJ Lifetime Sustaining Membership) you will be charged a $25 fee for all classes not canceled by 6 p.m. the night before.

Refund Policy

Series Returns: All series sales are final. No refunds for cash or credit will be provided after the purchase of a series. If you choose not to continue your SYJ series, you are not eligible for a refund. If you feel you will not be able to complete a package, you may want to choose one of the smaller packages. Unlimited Membership Returns: Sales of Unlimited Memberships are final, except as provided in the terms of any Unlimited Membership Contract. Merchandise Returns: All merchandise sales are final. Refunds for merchandise will only be provided in the form of a store credit or exchange. No refunds for cash are permitted.

Expiration Policy

All expiration dates are clearly noted on the purchase page. If you need to extend your package due to a medical reason, we can happily accommodate you! Please note, for medical extensions, a doctor’s note is required.

Gift Cards Are Not Class Series

In addition to classes and series of classes, you can also buy a gift certificate. SYJ’s gift certificates are sold in the form of “gift cards”. Gift cards never expire and the person that you are giving them to can use his or her gift card(s) to buy classes or any kind of merchandise. Once a class is purchased using a gift card, it will expire, just like any other class you buy.

‘Gift cards’ and ‘classes’ are not the same thing. Unlike gift cards or gift certificates, classes are for studio classes only. You cannot redeem your class for cash and you cannot transfer it to another customer. Classes do expire. The expiration dates are posted in the purchase page on the website. If, however, you cannot book a class, just give us a call, stop by the studio, or email us and we can help you.

Fees

You acknowledge that SYJ charges fees for its services, and SYJ reserves the right to change its fees from time to time in its discretion. If SYJ terminates your membership because you have breached these Terms of Service, you may not be entitled to a refund of any unused portion of membership or other fees.

Mobile Services

The SYJ services may include certain services that may be available via your mobile phone, including but not limited to (i) the ability to book and/or purchase an SYJ Class via your mobile phone, (ii) the ability to receive and reply to SYJ messages, (iii) the ability to browse SYJ classes and products from your mobile phone and (iv) the ability to access certain SYJ features through a mobile application you have downloaded and installed on your mobile phone (collectively the “Mobile Services”). We do not charge for these Mobile Services. However, your carrier’s normal messaging, data and other rates and fees will still apply. You should check with your carrier to find out what plans are available and how much they cost. In addition, downloading, installing, or using certain Mobile Services may be prohibited or restricted by your carrier, and not all Mobile Services may work with all carriers or devices. Therefore, you should check with your carrier to find out if the Mobile Services are available for your mobile devices, and what restrictions, if any, may be applicable to your use of such Mobile Services. By using the Mobile Services, you agree that we may communicate with you regarding SYJ and other entities by SMS, MMS, text message or other electronic means to your mobile device and that certain information about your usage of the Mobile Services may be communicated to us.

Membership Terms

If you are purchasing an SYJ Unlimited Membership you are subject to the following terms:

Monthly Unlimited packages require a three-month minimum commitment.
Your unlimited membership package will renew automatically every 30 days.
If you do not want it to renew, you must cancel with 14-days notice before your next billing cycle by filling out an SYJ Cancellation Request Form in the studio and having it signed by an SYJ staff member (after your three-month commitment).

Please read the Membership Terms below. By using this website you are agreeing to accept these terms. The undersigned (“You” or “Member”) has purchased an SYJ Unlimited Annual Membership, SYJ Lifetime Sustaining Membership, from (”SYJ”, the “health club” or the “seller”). An SYJ Unlimited Membership cost $149/month with a three-month minimum commitment. An SYJ Lifetime Sustaining Membership $99/month with a three-month minimum commitment. In connection with your purchase of a membership, you and SYJ agree as follows:

BUYER’S RIGHT TO CANCEL. Memberships can be ended anytime after the initial commitment is reached by e-mailing info@syjyoga.com or letting us know in person at the front desk. We require 14 days notice for a cancellation to take place by your next billing cycle. We cannot offer refunds on memberships, so please be sure to keep our cancellation policy in mind and let us know when you need it to end with enough notice. These guidelines are intended to help make this possible.
If you wish to cancel this contract, your notice to cancel must say that you do not wish to be bound by this contract and must be delivered or mailed before midnight of the third business day after you sign this contract. After you cancel, the health club may request the return of all contracts, membership cards and other documents of evidence of membership. The notice must be delivered or mailed to: 1 North Water Street, Norwalk CT 06854. You may also cancel this contract if you relocate your residence further than twenty-five miles from any health club operated by the seller. This contract may also be cancelled if you die, or if the health club ceases operation at the location where you entered into this contract. If you become disabled, you shall have the option of (1) being relieved of liability for payment on that portion of the contract term for which you are disabled, or (2) extending the duration of the original contract at no cost to you for a period equal to the duration of the disability. You must prove such disability by a doctor’s certificate, which certificate shall be enclosed with the written notice of disability sent to the health club. The health club may require that you be examined by another physician agreeable to you and the health club at its expense. If you cancel, the health club may keep or collect an amount equal to the fair market value of the services or use of facilities you have already received.
RULES, REGULATIONS, SCHEDULES; TERMS AND CONDITIONS: Member agrees to abide by all rules, regulations, schedules and terms and conditions of Saraswati’s Yoga Joint, SYJ branded studio or website, or issued orally from Saraswati’s Yoga Joint, SYJ, and which may be amended from time to time, at management’s sole discretion.
TRANSFERS OF MEMBERSHIP: Membership may not be transferred.
TERM: This contract renews monthly until canceled by a customer in writing. It has minimum term of three months. After three months, you may cancel by filling out an SYJ Cancellation Request Form 14-days prior to your next billing cycle. To confirm cancellation, the SYJ Cancellation Request Form must be signed by an SYJ staff member.
NO REFUNDS: Other than as set forth in the first paragraph of this contract, no refunds are permitted, regardless of your use or failure to use SYJ’s facilities.
PRICING: After the expiration of the term, SYJ reserves the right to increase its unlimited fees.
ENTIRE AGREEMENT: Except for the rules, regulations, policies, schedules and terms and conditions posted at “SYJ” branded studios or website or issued orally by SYJ from time to time at its discretion, all of which are incorporated into this contract, and any health or other waivers provided by you to SYJ, this contract constitutes the entire and exclusive agreement between the parties relating to the subject matter hereto and supersedes any oral or other written understanding. This contract only may be modified in writing and executed by a duly-authorized representative of SYJ. Employees are not authorized to make any independent agreements with any SYJ member or customer.

Medical Waiver & Release

I fully understand that: (i) physical activities such as the Activities involve inherent and other risks and dangers of serious bodily injury, including the potential for serious injury, emotional distress, permanent disability, paralysis and death (“Risks”); (ii) these Risks and dangers may be caused by my own (or any Minor’s) actions or inactions, the actions or inactions of others participating in or observing an Activity, the conditions under which an Activity is taking place, or THE NEGLIGENCE OF THE COMPANY OR ITS RELEASEES (as defined in paragraph 4 below); (iii) there are other risks and potential social and economic losses (collectively, “Other Risks”) associated with my participation or the participation of a Minor in an Activity, including risks and potential losses that are not known to me or not readily forseeable at the present time. On behalf of myself and any Minor, I HEREBY FULLY ACCEPT AND ASSUME ALL RISKS AND OTHER RISKS ASSOCIATED WITH OR RESULTING FROM MY OR A MINOR’S PARTICIPATION IN ANY ACTIVITY AND/OR MY OR A MINOR’S BEING ON THE PREMISES AND FULLY ACCEPT AND ASSUME ALL LIABILITY AND RESPONSIBILITY FOR ANY LOSSES, COSTS, EXPENSES AND DAMAGES THAT I OR A MINOR MAY INCUR AS A RESULT OF MY OR A MINOR’S PARTICIPATION IN ANY ACTIVITY AND/OR MY OR A MINOR’S BEING ON THE PREMISES, INCLUDING LOSSES, COSTS AND DAMAGES ASSOCIATED WITH OR RESULTING FROM ANY RISK OR OTHER RISK.
I acknowledge, agree, and represent that I understand the nature of the Activities to be conducted by me or a Minor on the Premises and that I and any Minor are qualified, in good health, and in proper physical condition to participate in any such Activity. I further agree and warrant that if at any time I believe conditions to be unsafe, or if at any time I believe that my health or that of a Minor is suffering or declining, I will, and will cause any Minor to, immediately discontinue further participation in any such Activity and leave the Premises if appropriate.
I am aware of the highly contagious nature of bacterial and viral diseases including particularly but without limitation the 2019 novel coronavirus disease (COVID-19) (collectively, “Diseases”) and the risk that I or a Minor may be exposed to or contract a Disease by being on the Premises and/or by engaging in any one or more Activity. I understand and acknowledge that such exposure or infection may result in serious illness, personal injury, emotional distress, permanent disability, death, or property damage. I acknowledge that this risk may result from or be compounded by the actions, omissions, or negligence of others, including the Company and any of its Releasees. I understand that, while the Company has implemented preventative measures in an effort to reduce the spread of Diseases, (i) the Company cannot guarantee that I or a Minor will not become infected with a Disease while on the Premises and/or engaging in an Activity and (ii) being on the Premises and/or engaging in an Activity may increase my risk of contracting a Disease. NOTWITHSTANDING THE RISKS ASSOCIATED WITH DISEASES, I ACKNOWLEDGE THAT I AND ANY MINOR ARE VOLUNTARILY ENTERING THE PREMISES AND/OR ENGAGING IN ONE OR MORE ACTIVITIES WITH KNOWLEDGE OF THE DANGER INVOLVED. I HEREBY AGREE TO ACCEPT AND ASSUME, ON BEHALF OF MYSELF AND ANY MINOR, ALL RISKS OF PERSONAL INJURY, ILLNESS, EMOTIONAL DISTRESS, DISABILITY, DEATH, AND PROPERTY DAMAGE RELATED TO CONTRACTING OR THE RISK OF CONTRACTING A DISEASE, AND OTHERWISE ARISING FROM MY OR A MINOR’S BEING ON THE PREMISES AND/OR ENGAGING IN ANY ACTIVITY, WHETHER CAUSED BY THE NEGLIGENCE OF THE COMPANY OR ANY OF ITS RELEASEES OR OTHERWISE.
I hereby expressly waive and release any and all claims, now known or hereafter known, against the Company, and its officers, directors, employees, agents, consultants, shareholders/members and its and each of their affiliates, successors, and assigns (collectively, “Releasees”), on account of injury, illness, emotional distress, disability, death, or property damage arising out of or attributable to my or a Minor being on the Premises, engaging in any Activity or being exposed to or contracting a Disease, 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 Releasee, and forever release and discharge the Company and all Releasees from liability in respect of any such claims.
I am familiar with federal, state, and local laws, orders, directives, and guidelines related to Diseases, including the Centers for Disease Control and Prevention (CDC) guidance on Diseases. While on the Premises, I will, and will cause any Minor to, comply with all such orders, directives, and guidelines. I will also follow and comply with all instructions, rules and guidelines of the Company while on the Premises, including without limitation any requirement at any time to wear a face covering, observe social distancing, frequently wash one’s hands and have my or a Minor’s temperature taken as a condition of entering the Premises or remaining on the Premises or engaging in any Activity. I agree not to enter the Premises, and not to allow a Minor to enter the Premises, if I am or they are experiencing any symptoms of a Disease (including cough, shortness of breath, or fever), have a confirmed or suspected case of a Disease, or have come in contact in the last 14 days with a person who has been confirmed or suspected of having a Disease.
I hereby grant permission to the Company and any of its affiliates to use my likeness and/or that of any Minor, whether through the use of photographs, film, videotape, or other media, for promotional and public outreach purposes and otherwise in connection with the administration of any Activity and in connection with any legal, regulatory or insurance claim. I UNDERSTAND THAT MY LIKENESS AND A MINOR’S LIKENESS MAY BE USED IN PUBLICATIONS, LITERATURE, THE INTERNET, AND OTHER VISUAL MEDIA.
I shall defend, indemnify, and hold harmless the Company and all Releasees against any and all losses, damages, liabilities, deficiencies, claims, actions, judgments, settlements, interest, awards, penalties, fines, costs, or expenses of whatever kind, including attorney fees, fees, and the costs of enforcing any right to indemnification under this Agreement, and the cost of pursuing any insurance providers, incurred by/awarded against the Company or any Releasees, arising out or resulting from any claim of a third party related to or otherwise as the result of or in connection with my or a Minor being on the Premises or engaging in an Activity, including without limitation any such claim involving a Disease.
I understand and agree that this Agreement will apply every time I or a Minor are on the Premises or participate in an Activity.
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, the Releasees, me and any Minor and our 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 Connecticut without giving effect to any choice or conflict of law provision or rule (whether of the State of Connecticut or any other jurisdiction).

Governing Law; Consent to Jurisdiction

This Agreement shall be governed by the laws and decisions of the State of Connecticut.

Participant (and, if applicable, Participant’s parent or legal guardian if Participant is under the age of 18) hereby represents and warrants that (i) he or she has read this Participant Enrollment Form in its entirety and fully understand its contents; (ii) is aware that this Participant Enrollment Form releases the Releasees from liability and contains an acknowledgement of his or her voluntary and knowing assumption of the risk of injury or illness, and (iii) further acknowledges that nothing in this Participant Enrollment Form constitutes a guarantee that the Services will be fully or partially rendered.

Access and Account Security

We reserve the right to withdraw or amend this Website, and any service or material we provide on the Website, in our sole discretion without notice. We will not be liable if for any reason all or any part of the Website is unavailable at any time or for any period. From time to time, we may restrict access to some parts of the Website, or the entire Website, to users, including registered users.

You are responsible for:

Making all arrangements necessary for you to have access to the Website.
Ensuring that all persons who access the Website through your internet connection are aware of these Terms of Use and comply with them.

To access the Website or some of the resources it offers, you may be asked to provide certain registration details or other information. It is a condition of your use of the Website that all the information you provide on the Website is correct, current and complete. You agree that all information you provide to register with this Website or otherwise, including but not limited to the use of any interactive features on the Website, is governed by our Privacy Policy, and you consent to all actions we take with respect to your information consistent with our Privacy Policy.

If you choose, or are provided with, a user name, password or any other piece of information as part of our security procedures, you must treat such information as confidential, and you must not disclose it to any other person or entity. You also acknowledge that your account is personal to you and agree not to provide any other person with access to this Website or portions of it using your user name, password or other security information. You agree to notify us immediately of any unauthorized access to or use of your user name or password or any other breach of security. You also agree to ensure that you exit from your account at the end of each session. You should use particular caution when accessing your account from a public or shared computer so that others are not able to view or record your password or other personal information.

We have the right to disable any user name, password or other identifier, whether chosen by you or provided by us, at any time in our sole discretion for any or no reason, including if, in our opinion, you have violated any provision of these Terms of Use.

Intellectual Property Rights

The Website and its entire contents, features and functionality (including but not limited to all information, software, text, displays, images, video and audio, and the design, selection and arrangement thereof), are owned by the Company, its licensors or other providers of such material and are protected by United States and international copyright, trademark, patent, trade secret and other intellectual property or proprietary rights laws.

These Terms of Use permit you to use the Website for your personal, non-commercial use only. You must not reproduce, distribute, modify, create derivative works of, publicly display, publicly perform, republish, download, store or transmit any of the material on our Website, except as follows:

Your computer may temporarily store copies of such materials in temporary memory incidental to your accessing and viewing those materials.
You may store files that are automatically cached by your web browser for display enhancement purposes.
You may print or download one copy of a reasonable number of pages of the Website for your own personal, non-commercial use and not for further reproduction, publication or distribution.
If we provide desktop, mobile or other applications for download, you may download a single copy to your computer or mobile device solely for your own personal, non-commercial use, provided you agree to be bound by our end user license agreement for such applications.
If we provide social media features, such as the ability to link to third party websites, you make take such actions as are enabled by such features.
You must not:
Modify copies of any materials from the Website.
Use any illustrations, photographs, video or audio sequences or any graphics separately from the accompanying text.
Delete or alter any copyright, trademark or other proprietary rights notices from copies of materials from this site.

If you print, copy, modify, download or otherwise use or provide any other person with access to any part of the Website in breach of the Terms of Use, your right to use the Website will cease immediately and you must, at our option, return or destroy any copies, including downloads, of the materials you have made. No right, title or interest in or to the Website or any content on the Website is transferred to you, and all rights not expressly granted are reserved by the Company.

Any use of the Website not expressly permitted by these Terms of Use is a breach of these Terms of Use and may violate copyright, trademark and other laws.

Trademarks

The Company name, the terms Saraswati’s Yoga Joint and SYJ, the Company logo and all related names, logos, product and service names, designs and slogans are trademarks of the Company or its affiliates or licensors. You must not use such marks without the prior written permission of the Company. All other names, logos, product and service names, designs and slogans on this Website are the trademarks of their respective owners.

Prohibited Use

You may use the Website only for lawful purposes and in accordance with these Terms of Use. You agree not to use the Website:

In any way that violates any applicable federal, state, local or international law or regulation (including, without limitation, any laws regarding the export of data or software to and from the US or other countries).
For the purpose of exploiting, harming or attempting to exploit or harm minors in any way by exposing them to inappropriate content, asking for personally identifiable information or otherwise.
To transmit, or procure the sending of, any advertising or promotional material, including any “junk mail”, “chain letter” or “spam” or any other similar solicitation.
To impersonate or attempt to impersonate the Company, a Company employee, another user or any other person or entity (including, without limitation, by using e-mail addresses or screen names associated with any of the foregoing).
To engage in any other conduct that restricts or inhibits anyone’s use or enjoyment of the Website, or which, as determined by us, may harm the Company or users of the Website or expose them to liability.

Additionally, you agree not to:

Use the Website in any manner that could disable, overburden, damage, or impair the site or interfere with any other party’s use of the Website, including their ability to engage in real time activities through the Website.
Use any robot, spider or other automatic device, process or means to access the Website for any purpose, including monitoring or copying any of the material on the Website.
Use any manual process to monitor or copy any of the material on the Website or for any other unauthorized purpose without our prior written consent.
Use any device, software or routine that interferes with the proper working of the Website.
Introduce any viruses, trojan horses, worms, logic bombs or other material which is malicious or technologically harmful.
Attempt to gain unauthorized access to, interfere with, damage or disrupt any parts of the Website, the server on which the Website is stored, or any server, computer or database connected to the Website.
Attack the Website via a denial-of-service attack or a distributed denial-of-service attack.
Otherwise attempt to interfere with the proper working of the Website.

User Contributions

The Website may contain message boards, blogs, chat rooms, personal web pages or profiles, forums, bulletin boards and other interactive features (collectively, “Interactive Services”) that allow users to post, submit, publish, display or transmit to other users or other persons (hereinafter, “post”) content or materials (collectively, “User Contributions”) on or through the Website.

All User Contributions must comply with the Content Standards set out in these Terms of Use.

Any User Contribution you post to the site will be considered non-confidential and non-proprietary. By providing any User Contribution on the Website, you grant us and our affiliates and service providers, and each of their and our respective licensees, successors and assigns the right to use, reproduce, modify, perform, display, distribute and otherwise disclose to third parties any such material for any purpose.

You represent and warrant that:

You own or control all rights in and to the User Contributions and have the right to grant the license granted above to us and our affiliates and service providers, and each of their and our respective licensees, successors and assigns.
All of your User Contributions do and will comply with these Terms of Use.

You understand and acknowledge that you are responsible for any User Contributions you submit or contribute (or which is submitted or contributed using your access credentials), and you, not the Company, have full responsibility for such content, including its legality, reliability, accuracy and appropriateness.

We are not responsible, or liable to any third party, for the content or accuracy of any User Contributions posted by you or any other user of the Website.

Changes to the Terms of Use

We may revise and update the terms of the Agreement from time to time in our sole discretion. All changes are effective immediately when we post them and apply to all access to and use of the Website thereafter.

Your continued use of the Website following the posting of revised Terms of Use means that you accept and agree to the changes. You are expected to check this page from time to time so you are aware of any changes, as they are binding on you.

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 the Terms of Use, including the Content Standards, infringes any intellectual property right or other right of any person or entity, threatens the personal safety of users of the Website or the public or could create liability for the Company.
Disclose your identity or other information about you to any third party who claims that material posted by you violates their rights, including their intellectual property rights or their right to privacy.
Take appropriate legal action, including without limitation, referral to law enforcement, for any illegal or unauthorized use of the Website.
Terminate or suspend your access to all or part of the Website for any or no reason, including without limitation, any violation of these Terms of Use.

Without limiting the foregoing, we have the right to fully cooperate with any law enforcement authorities or court order requesting or directing us to disclose the identity or other information of anyone posting any materials on or through the Website. YOU WAIVE AND HOLD HARMLESS THE COMPANY AND ITS AFFILIATES, LICENSEES AND SERVICE PROVIDERS FROM ANY CLAIMS RESULTING FROM ANY ACTION TAKEN BY ANY OF THE FOREGOING PARTIES DURING OR AS A RESULT OF ITS INVESTIGATIONS AND FROM ANY ACTIONS TAKEN AS A CONSEQUENCE OF INVESTIGATIONS BY EITHER SUCH PARTIES OR LAW ENFORCEMENT AUTHORITIES.

However, we do not undertake to review all material before it is posted on the Website and cannot ensure prompt removal of objectionable material after it has been posted. Accordingly, we assume no liability for any action or inaction regarding transmissions, communications or content provided by any user or third party. We have no liability or responsibility to anyone for performance or nonperformance of the activities described in this section.

Content Standards

These content standards (the “Content Standards”) apply to any and all User Contributions and use of Interactive Services. User Contributions must in their entirety comply with all applicable federal, state, local and international laws and regulations. Without limiting the foregoing, User Contributions must not:

Contain any material which is defamatory, obscene, indecent, abusive, offensive, harassing, violent, hateful, inflammatory or otherwise objectionable.
Promote sexually explicit or pornographic material, violence, or discrimination based on race, sex, religion, nationality, disability, sexual orientation or age.
Infringe any patent, trademark, trade secret, copyright or other intellectual property or other rights of any other person.
Violate the legal rights (including the rights of publicity and privacy) of others or contain any material that could give rise to any civil or criminal liability under applicable laws or regulations or that otherwise may be in conflict with these Terms of Use and our Privacy Policy.
Be likely to deceive any person.
Promote any illegal activity, or advocate, promote or assist any unlawful act.
Cause annoyance, inconvenience or needless anxiety or be likely to upset, embarrass, alarm or annoy any other person.
Impersonate any person, or misrepresent your identity or affiliation with any person or organization.
Involve commercial activities or sales, such as contests, sweepstakes and other sales promotions, barter or advertising.
Give the impression that they emanate from or are endorsed by us or any other person or entity, if this is not the case.

Reliance on Information Posted

The information presented on or through the Website is made available solely for general information purposes. We do not warrant the accuracy, completeness or usefulness of this information. Any reliance you place on such information is strictly at your own risk. We disclaim all liability and responsibility arising from any reliance placed on such materials by you or any other visitor to the Website, or by anyone who may be informed of any of its contents.

This Website includes content provided by third parties, including materials provided by other users, bloggers and third-party licensors, syndicators, aggregators and/or reporting services. All statements and/or opinions expressed in these materials, and all articles and responses to questions and other content, other than the content provided by the Company, are solely the opinions and the responsibility of the person or entity providing those materials. These materials do not necessarily reflect the opinion of the Company. We are not responsible, or liable to you or any third party, for the content or accuracy of any materials provided by any third parties.

Changes to the Website

We may update the content on this Website from time to time, but its content is not necessarily complete or up-to-date. Any of the material on the Website may be out of date at any given time, and while we will try to maintain it up to date, we are under no obligation to do so.

Information About You and Your Visits to the Website

All information we collect on this Website is subject to our Privacy Policy and By using the Website, you consent to all actions taken by us with respect to your information in compliance with the Privacy Policy.

Online Purchases and Other Terms and Conditions

All purchases through our site or other transactions for the sale of goods or services formed through the Website or as a result of visits made by you are governed by our SYJ Policies and your Membership Contract with us, if any, each of which are hereby incorporated into these Terms of Use.

Linking to the Website and Social Media Features

You may link to our homepage, provided you do so in a way that is fair and legal and does not damage our reputation or take advantage of it, but you must not establish a link in such a way as to suggest any form of association, approval or endorsement on our part without our express prior consent.

This Website may provide certain social media features that enable you to:

Link from your own or certain third-party websites to certain content on this Website.
Send e-mails or other communications with certain content, or links to certain content, on this Website.
Cause limited portions of content on this Website to be displayed or appear to be displayed on your own or certain third-party websites.
You may use these features solely as they are provided by us, and solely with respect to the content they are displayed with. Subject to the foregoing, you must not:
Establish a link from any website that is not owned by you.
Cause the Website or portions of it to be displayed, or appear to be displayed by, for example, framing, deep linking or in-line linking, on any other site.
Link to any part of the Website other than the homepage.
Otherwise take any action with respect to the materials on this Website that is inconsistent with any other provision of these Terms of Use.

The website from which you are linking, or on which you make certain content accessible, must comply in all respects with the Content Standards set out in these Terms of Use.

You agree to cooperate with us in causing any unauthorized framing or linking immediately to cease. We reserve the right to withdraw linking permission without notice.

We may disable all or any social media features and any links at any time without notice in our discretion.

Links from the Website

If the Website 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 Website, you do so entirely at your own risk and subject to the terms and conditions of use for such websites.

Geographic Restrictions

The owner of the Website is based in the state of Connecticut in the United States. We provide this Website for use only by persons located in the United States. We make no claims that the Website or any of its content is accessible or appropriate outside of the United States. Access to the Website may not be legal by certain persons or in certain countries. If you access the Website from outside the United States, you do so on your own initiative and are responsible for compliance with local laws.

Copyright Policy

We take claims of copyright infringement seriously. We will respond to notices of alleged copyright infringement that comply with applicable law. If you believe any materials accessible on or from this Web infringe your copyright, you may request removal of those materials (or access to them) from the Website by submitting written notification to our Copyright Agent (designated below). In accordance with the Online Copyright Infringement Liability Limitation Act of the Digital Millennium Copyright Act (17 U.S.C. § 512) (“DMCA”), the written notice (the “DMCA Notice”) must include substantially the following:

Your physical or electronic signature.
Identification of the copyrighted work you believe to have been infringed or, if the claim involves multiple works on the Website, a representative list of such works.
Identification of the material you believe to be infringing in a sufficiently precise manner to allow us to locate that material.
Adequate information by which we can contact you (including your name, postal address, telephone number and, if available, e-mail address).
A statement that you have a good faith belief that use of the copyrighted material is not authorized by the copyright owner, its agent or the law.
A statement that the information in the written notice is accurate.
A statement, under penalty of perjury, that you are authorized to act on behalf of the copyright owner.

Contacting SYJ

Our designated Copyright Agent to receive DMCA Notices is:

Donna Jackson

Saraswati’s Yoga Joint, Inc.

1 North Water Street

Norwalk, CT 06854

203-838-2725

info@syjyoga.com

If you fail to comply with all of the requirements of Section 512(c)(3) of the DMCA, your DMCA Notice may not be effective.

Please be aware that if you knowingly materially misrepresent that material or activity on the Website is infringing your copyright, you may be held liable for damages (including costs and attorneys’ fees) under Section 512(f) of the DMCA.

Counter-Notification Procedures

If you believe that material you posted on the Website was removed or access to it was disabled by mistake or misidentification, you may file a counter-notification with us (a “Counter-Notice”) by submitting written notification to our copyright agent (identified below). Pursuant to the DMCA, the Counter-Notice must include substantially the following:

Your physical or electronic signature.
An identification of the material that has been removed or to which access has been disabled and the location at which the material appeared before it was removed or access disabled.
Adequate information by which we can contact you (including your name, postal address, telephone number and, if available, e-mail address).
A statement under penalty of perjury by you that you have a good faith belief that the material identified above was removed or disabled as a result of a mistake or misidentification of the material to be removed or disabled.
A statement that you will consent to the jurisdiction of the Federal District Court for the judicial district in which your address is located (or if you reside outside the United States for any judicial district in which the Website may be found) and that you will accept service from the person (or an agent of that person) who provided the Website with the complaint at issue.

Completed Counter-Notices should be sent to:

Donna Jackson

Saraswati’s Yoga Joint, Inc.

1 North Water Street

Norwalk, CT 06854

203-838-2725

info@syjyoga.com

The DMCA allows us to restore the removed content if the party filing the original DMCA Notice does not file a court action against you within ten business days of receiving the copy of your Counter-Notice.

Please be aware that if you knowingly materially misrepresent that material or activity on the Website was removed or disabled by mistake or misidentification, you may be held liable for damages (including costs and attorneys’ fees) under Section 512(f) of the DMCA.

Repeat Infringers

It is our policy in appropriate circumstances to disable and/or terminate the accounts of users who are repeat infringers.

Disclaimer of Warranties

You understand that we cannot and do not guarantee or warrant that files available for downloading from the internet or the Website will be free of viruses or other destructive code. You are responsible for implementing sufficient procedures and checkpoints to satisfy your particular requirements for anti-virus protection and accuracy of data input and output, and for maintaining a means external to our site for any reconstruction of any lost data. WE WILL NOT BE LIABLE FOR ANY LOSS OR DAMAGE CAUSED BY A DISTRIBUTED DENIAL-OF-SERVICE ATTACK, VIRUSES OR OTHER TECHNOLOGICALLY HARMFUL MATERIAL THAT MAY INFECT YOUR COMPUTER EQUIPMENT, COMPUTER PROGRAMS, DATA OR OTHER PROPRIETARY MATERIAL DUE TO YOUR USE OF THE WEBSITE OR ANY SERVICES OR ITEMS OBTAINED THROUGH THE WEBSITE OR TO YOUR DOWNLOADING OF ANY MATERIAL POSTED ON IT, OR ON ANY WEBSITE LINKED TO IT.

YOUR USE OF THE WEBSITE, ITS CONTENT AND ANY SERVICES OR ITEMS OBTAINED THROUGH THE WEBSITE IS AT YOUR OWN RISK. THE WEBSITE, ITS CONTENT AND ANY SERVICES OR ITEMS OBTAINED THROUGH THE WEBSITE ARE PROVIDED ON AN “AS IS” AND “AS AVAILABLE” BASIS, WITHOUT ANY WARRANTIES OF ANY KIND, EITHER EXPRESS OR IMPLIED. NEITHER THE COMPANY NOR ANY PERSON ASSOCIATED WITH THE COMPANY MAKES ANY WARRANTY OR REPRESENTATION WITH RESPECT TO THE COMPLETENESS, SECURITY, RELIABILITY, QUALITY, ACCURACY OR AVAILABILITY OF THE WEBSITE. WITHOUT LIMITING THE FOREGOING, NEITHER THE COMPANY NOR ANYONE ASSOCIATED WITH THE COMPANY REPRESENTS OR WARRANTS THAT THE WEBSITE, ITS CONTENT OR ANY SERVICES OR ITEMS OBTAINED THROUGH THE WEBSITE WILL BE ACCURATE, RELIABLE, ERROR-FREE OR UNINTERRUPTED, THAT DEFECTS WILL BE CORRECTED, THAT OUR SITE OR THE SERVER THAT MAKES IT AVAILABLE ARE FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS OR THAT THE WEBSITE OR ANY SERVICES OR ITEMS OBTAINED THROUGH THE WEBSITE WILL OTHERWISE MEET YOUR NEEDS OR EXPECTATIONS.

THE COMPANY HEREBY DISCLAIMS ALL WARRANTIES OF ANY KIND, WHETHER EXPRESS OR IMPLIED, STATUTORY OR OTHERWISE, INCLUDING BUT NOT LIMITED TO ANY WARRANTIES OF MERCHANTABILITY, NON-INFRINGEMENT AND FITNESS FOR PARTICULAR PURPOSE.

THE FOREGOING DOES NOT AFFECT ANY WARRANTIES WHICH CANNOT BE EXCLUDED OR LIMITED UNDER APPLICABLE LAW.

Limitation on Liability

IN NO EVENT WILL THE COMPANY, ITS AFFILIATES OR THEIR LICENSORS, SERVICE PROVIDERS, EMPLOYEES, AGENTS, OFFICERS OR DIRECTORS BE LIABLE FOR DAMAGES OF ANY KIND, UNDER ANY LEGAL THEORY, ARISING OUT OF OR IN CONNECTION WITH YOUR USE, OR INABILITY TO USE, THE WEBSITE, ANY WEBSITES LINKED TO IT, ANY CONTENT ON THE WEBSITE OR SUCH OTHER WEBSITES OR ANY SERVICES OR ITEMS OBTAINED THROUGH THE WEBSITE OR SUCH OTHER WEBSITES, INCLUDING ANY DIRECT, INDIRECT, SPECIAL, INCIDENTAL, CONSEQUENTIAL OR PUNITIVE DAMAGES, INCLUDING BUT NOT LIMITED TO, PERSONAL INJURY, PAIN AND SUFFERING, EMOTIONAL DISTRESS, LOSS OF REVENUE, LOSS OF PROFITS, LOSS OF BUSINESS OR ANTICIPATED SAVINGS, LOSS OF USE, LOSS OF GOODWILL, LOSS OF DATA, AND WHETHER CAUSED BY TORT (INCLUDING NEGLIGENCE), BREACH OF CONTRACT OR OTHERWISE, EVEN IF FORESEEABLE.

THE FOREGOING DOES NOT AFFECT ANY LIABILITY WHICH CANNOT BE EXCLUDED OR LIMITED UNDER APPLICABLE LAW.

Indemnification

You agree to defend, indemnify and hold harmless the Company, its affiliates, licensors and service providers, and its and their respective officers, directors, employees, contractors, agents, licensors, suppliers, successors and assigns from and against any claims, liabilities, damages, judgments, awards, losses, costs, expenses or fees (including reasonable attorneys’ fees) arising out of or relating to your violation of the terms of the Agreement or your use of the Website, including, but not limited to, your User Contributions, any use of the Website’s content, services and products other than as expressly authorized in these Terms of Use or your use of any information obtained from the Website.

Governing Law and Jurisdiction

All matters relating to the Website and the terms of the Agreement and any dispute or claim arising therefrom or related thereto (in each case, including non-contractual disputes or claims), shall be governed by and construed in accordance with the internal laws of the State of New York without giving effect to any choice or conflict of law provision or rule (whether of the State of New York or any other jurisdiction).

Any legal suit, action or proceeding arising out of, or related to, these Terms of Use or the Website shall be instituted exclusively in the federal courts of the United States or the courts of the State of New York in each case located in the city, county and state of New York, although we retain the right to bring any suit, action or proceeding against you for breach of these Terms of Use in your location of residence or any other relevant location. You waive any and all objections to the exercise of jurisdiction over you by such courts and to venue in such courts.

Limitation on Time to File Claims

ANY CAUSE OF ACTION OR CLAIM YOU MAY HAVE ARISING OUT OF OR RELATING TO THESE TERMS OF USE OR THE WEBSITE MUST BE COMMENCED WITHIN ONE (1) YEAR AFTER THE CAUSE OF ACTION ACCRUES, OTHERWISE, SUCH CAUSE OF ACTION OR CLAIM IS PERMANENTLY BARRED.

Waiver and Severability

No waiver of by the Company of any term or condition set forth in these Terms of Use shall be deemed a further or continuing waiver of such term or condition or a waiver of any other term or condition, and any failure of the Company to assert a right or provision under these Terms of Use shall not constitute a waiver of such right or provision.

If any provision of these Terms of Use is held by a court or other tribunal of competent jurisdiction to be invalid, illegal or unenforceable for any reason, such provision shall be eliminated or limited to the minimum extent such that the remaining provisions of the Terms of Use will continue in full force and effect.

Entire Agreement

The Terms of Use, our PRIVACY POLICY, SYJ POLICIES constitute the sole and entire agreement between you and Saraswati’s Yoga Joint, Inc. (“SYJ”), with respect to the Website and supersede all prior and contemporaneous understandings, agreements, representations and warranties, both written and oral, with respect to the Website.

Your Comments and Concerns

This website is operated by Saraswati’s Yoga Joint, Inc. located at 1 North Water Street, Norwalk, CT 06854.

All notices of copyright infringement claims should be sent to the copyright agent designated in our Copyright Policy above in the manner and by the means set forth therein.

All other feedback, comments, requests for technical support and other communications relating to the Website should be directed to: info@syjyoga.com