TERMS & CONDITIONS
THIS DOCUMENT IS A LEGAL AGREEMENT BETWEEN YOU AND "DARLENE BINK" STATING THE TERMS THAT GOVERN YOUR USE OF YOGAFROMTHEGROUNDUP.COM SERVICES & VIDEO DOWNLOADS. BY PURCHASING THIS DVD OR DOWNLOAD, YOU AGREE TO THE TERMS AND CONDITIONS STATED HEREIN:
Purchase of DARLENE BINK'S Content
a. Products Requirements. You acknowledge that use of Products may require the use of other hardware and software products (e.g., the ability to make copies of Products on physical media and render performance of Products on authorized digital player devices), and that such hardware and software is your responsibility. Once a Product is purchased and you receive the Product, it is your responsibility not to lose, destroy, or damage the Product, and DARLENE BINK shall be without liability to you in the event of any loss, destruction, or damage.
b. Use of Products. You agree to use Products in compliance with the applicable Usage Rules:
(i) Your use of the Products is conditioned upon your prior acceptance of the terms of this Agreement.
(ii) You shall be authorized to use the Products only for personal, noncommercial use.
(iii) You shall be entitled to export, burn (if applicable) or copy Products solely for personal, noncommercial use.
(iv) Any burning (if applicable) or exporting capabilities are solely an accommodation to you and shall not constitute a grant or waiver (or other limitation or implication) of any rights of the copyright owners in any audio or video content, sound recording, underlying musical composition, or artwork embodied in any Product.
(v) The delivery of Products does not transfer to you any commercial or promotional use rights in the Products.
c. You agree that your purchase of Products constitutes your acceptance of and agreement to use such Products solely in accordance with the Usage Rules, and that any other use of the Products may constitute a copyright infringement. The Usage Rules shall govern your rights with respect to the Products, in addition to any other terms or rules that may have been established between you and another party. DARLENE BINK reserves the right to modify the Usage Rules at any time.
d. You acknowledge that some aspects of the Service, Products, and administering of the Usage Rules entails the ongoing involvement of DARLENE BINK. Accordingly, in the event that DARLENE BINK changes any part of the Service or discontinues the Service, which DARLENE BINK may do at its election, you acknowledge that you may no longer be able to use Products to the same extent as prior to such change or discontinuation, and that DARLENE BINK shall have no liability to you in such case.
Agreement to Pay
a. Payment for Products. You agree to pay for all Products you purchase through the Service, and that DARLENE BINK may charge your credit card or PayPal account for any Products purchased, and for any additional amounts (including any taxes, as applicable) as may be accrued by or in connection with your purchase. YOU ARE RESPONSIBLE FOR THE TIMELY PAYMENT OF ALL FEES AND FOR PROVIDING DARLENE BINK WITH A VALID CREDIT CARD OR PAYPAL ACCOUNT DETAILS FOR PAYMENT OF ALL FEES. All fees will be billed to the credit card, or the PayPal account, you designate during the registration process.
b. Right to Change Prices and Availability of Products. Prices and availability of any Products are subject to change at any time.
c. Electronic Signatures and Contracts. Your use of the Service includes the ability to enter into agreements and/or to make purchases electronically. YOU ACKNOWLEDGE THAT YOUR ELECTRONIC SUBMISSIONS CONSTITUTE YOUR AGREEMENT AND INTENT TO BE BOUND BY AND TO PAY FOR SUCH AGREEMENTS AND PURCHASES. YOUR AGREEMENT AND INTENT TO BE BOUND BY ELECTRONIC SUBMISSIONS APPLIES TO ALL RECORDS RELATING TO ALL TRANSACTIONS YOU ENTER INTO ON THIS SITE, INCLUDING NOTICES OF CANCELLATION, POLICIES, CONTRACTS, AND APPLICATIONS.
d. In order to access and retain your electronic records, you may be required to have certain hardware and software, which are your sole responsibility.
Delivery of Products
On occasion, technical problems may delay or prevent delivery of your Product. Your exclusive and sole remedy with respect to Product that is not delivered within a reasonable period will be replacement of such Product, as determined by DARLENE BINK. Because of the nature of the product, refunds will not be granted for any reason.
Use of the Service requires a compatible device, Internet access (fees may apply), and certain software (fees may apply), and may require obtaining updates or upgrades from time to time. Because use of the Service involves hardware, software, and Internet access, your ability to use the Service may be affected by the performance of these factors. High speed Internet access is strongly recommended. You acknowledge and agree that such system requirements, which may be changed from time to time, are your responsibility. The Service is not part of any other product or offering, and no purchase or obtaining of any other product shall be construed to represent or guarantee you access to the Service.
Age requirements for use of the Service This Service is available for individuals aged 13 years or older. If you are 13 or older but under the age of 18, you should review these terms and conditions with your parent or guardian to make sure that you and your parent or guardian understand these terms and conditions.
You understand that by using the Service, you may encounter content that may be deemed offensive, indecent, or objectionable, which content may or may not be identified as having explicit language. Nevertheless, you agree to use the Service at your sole risk and that DARLENE BINK shall have no liability to you for content that may be found to be offensive, indecent, or objectionable. Content types (including genres, styles, keywords and the like) and descriptions are provided for convenience, and you acknowledge and agree that DARLENE BINK does not guarantee their accuracy.
a. Acknowledgement of Ownership. You agree that the Service, including but not limited to Products, graphics, audio clips, and editorial content, contains proprietary information and material that is owned by DARLENE BINK and is protected by applicable intellectual property and other laws, including but not limited to copyright, and that you will not use such proprietary information or materials in any way whatsoever except for use of the Service in compliance with the terms of this Agreement. No portion of the Service may be reproduced in any form or by any means, except as expressly permitted hereunder. You agree not to modify, rent, lease, loan, sell, distribute, or create derivative works based on the Service, in any manner, and you shall not exploit the Service in any unauthorized way whatsoever, including but not limited to, by trespass or burdening network capacity.
b. Removal of DARLENE BINK Content or Other Materials. Notwithstanding any other provision of this Agreement, DARLENE BINK reserve the right to change, suspend, remove, or disable access to any Products, content, or other materials comprising a part of the Service at any time without notice. In no event will DARLENE BINK be liable for the removal of or disabling of access to any such Products, content or materials under this Agreement. DARLENE BINK may also impose limits on the use of or access to certain features or portions of the Service, in any case and without notice or liability.
c. Copyrights. All copyrights in and to the Service, including but not limited to, the Yogafromthegroundup.com (including the compilation of content, links to other Internet resources, and descriptions of those resources), and software, are owned by DARLENE BINK, who reserve all their rights in law and equity. THE USE OF THE SOFTWARE OR ANY PART OF THE SERVICE, EXCEPT FOR USE OF THE SERVICE AS PERMITTED IN THESE TERMS OF SERVICE, IS STRICTLY PROHIBITED AND INFRINGES ON THE INTELLECTUAL PROPERTY RIGHTS OF OTHERS AND MAY SUBJECT YOU TO CIVIL AND CRIMINAL PENALTIES, INCLUDING POSSIBLE MONETARY DAMAGES, FOR COPYRIGHT INFRINGEMENT.
a. Termination by DARLENE BINK. If you fail, or DARLENE BINK suspects that you have failed, to comply with any of the provisions of this Agreement, including but not limited to failure to make payment of fees due, failure to provide DARLENE BINK with a valid credit card, violation of the Usage Rules or any license to the software, or infringement or other violation of third parties' rights, DARLENE BINK, at its sole discretion, without notice to you may: (i) terminate this Agreement, and you will remain liable for all amounts due under your Account up to and including the date of termination; and/or (ii) terminate the license to the software; and/or (iii) preclude access to the Service (or any part thereof).
b. Termination of the Service. DARLENE BINK reserves the right to modify, suspend, or discontinue the Service (or any part or content thereof) at any time with or without notice to you, and DARLENE BINK will not be liable to you or to any third party should it exercise such rights.
General Compliance with Laws
The Service is controlled and operated by DARLENE BINK from its offices in the United States. You agree to comply with all local, state, federal, and national laws, statutes, ordinances, and regulations that apply to your use of the Service.
Enforcement of These Terms
DARLENE BINK reserves the right to takes steps DARLENE BINK believes are reasonably necessary or appropriate to enforce and/or verify compliance with any part of this Agreement (including but not limited to DARLENE BINK'S right to cooperate with any legal process relating to your use of the Service and/or Products, and/or a third party claim that your use of the Service and/or Products is unlawful and/or infringes such third party's rights). You agree that DARLENE BINK has the right, without liability to you, to disclose any Account information to law enforcement authorities, government officials, and/or a third party, as DARLENE BINK believes is reasonably necessary or appropriate to enforce and/or verify compliance with any part of this Agreement (including but not limited to DARLENE BINK'S right to cooperate with any legal process relating to your use of the Service and/or Products, and/or a third party claim that your use of the Service and/or Products is unlawful and/or infringes such third party's rights).
No Responsibility for Third-Party Materials or Web sites
Certain content, Products, and services available via the Service may include materials from third parties. In addition, DARLENE BINK may provide links to certain third party Web sites. You acknowledge and agree that DARLENE BINK is not responsible for examining or evaluating the content or accuracy of any such third-party material or Web sites. DARLENE BINK does not warrant or endorse and does not assume and will not have any liability or responsibility for any third-party materials or Web sites, or for any other materials, products, or services of third parties. Links to other Web sites are provided solely as a convenience to you. You agree that you will not use any third-party materials in a manner that would infringe or violate the rights of any other party, and that DARLENE BINK is not in any way responsible for any such use by you.
Disclaimer of Warranties; Liability Limitations
a. DARLENE BINK DOES NOT GUARANTEE, REPRESENT, OR WARRANT THAT YOUR USE OF THE SERVICE WILL BE UNINTERRUPTED OR ERROR-FREE, AND YOU AGREE THAT FROM TIME TO TIME DARLENE BINK MAY REMOVE THE SERVICE FOR INDEFINITE PERIODS OF TIME, OR CANCEL THE SERVICE AT ANY TIME, WITHOUT NOTICE TO YOU.
b. YOU EXPRESSLY AGREE THAT YOUR USE OF, OR INABILITY TO USE, THE SERVICE IS AT YOUR SOLE RISK. THE SERVICE AND ALL PRODUCTS AND SERVICES DELIVERED TO YOU THROUGH THE SERVICE ARE (EXCEPT AS EXPRESSLY STATED BY DARLENE BINK PROVIDED "AS IS" AND "AS AVAILABLE" FOR YOUR USE, WITHOUT WARRANTIES OF ANY KIND, EITHER EXPRESS OR IMPLIED, INCLUDING ALL IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE, AND NONINFRINGEMENT. BECAUSE SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OF IMPLIED WARRANTIES, THE ABOVE EXCLUSION OF IMPLIED WARRANTIES MAY NOT APPLY TO YOU.
c. IN NO CASE SHALL DARLENE BINK, ITS DIRECTORS, OFFICERS, EMPLOYEES, AFFILIATES, AGENTS, CONTRACTORS, OR LICENSORS BE LIABLE FOR ANY DIRECT, INDIRECT, INCIDENTAL, PUNITIVE, SPECIAL, OR CONSEQUENTIAL DAMAGES ARISING FROM YOUR USE OF ANY OF THE SERVICES OR FOR ANY OTHER CLAIM RELATED IN ANY WAY TO YOUR USE OF THE SERVICES, INCLUDING, BUT NOT LIMITED TO, ANY ERRORS OR OMISSIONS IN ANY CONTENT, OR ANY LOSS OR DAMAGE OF ANY KIND INCURRED AS A RESULT OF THE USE OF ANY CONTENT (OR PRODUCT) POSTED, TRANSMITTED, OR OTHERWISE MADE AVAILABLE VIA THE SERVICE, EVEN IF ADVISED OF THEIR POSSIBILITY. BECAUSE SOME STATES OR JURISDICTIONS DO NOT ALLOW THE EXCLUSION OR THE LIMITATION OF LIABILITY FOR CONSEQUENTIAL OR INCIDENTAL DAMAGES, IN SUCH STATES OR JURISDICTIONS, DARLENE BINK'S LIABILITY SHALL BE LIMITED TO THE EXTENT PERMITTED BY LAW.
d. DARLENE BINK SHALL USE REASONABLE EFFORTS TO PROTECT INFORMATION SUBMITTED BY YOU IN CONNECTION WITH THE SERVICES, BUT YOU ACKNOWLEDGE AND AGREE THAT YOUR SUBMISSION OF SUCH INFORMATION IS AT YOUR SOLE RISK, AND DARLENE BINK HEREBY DISCLAIMS ANY AND ALL LIABILITY TO YOU FOR ANY LOSS OR LIABILITY RELATING TO SUCH INFORMATION IN ANY WAY.
e. DARLENE BINK DOES NOT REPRESENT OR GUARANTEE THAT THE SERVICE WILL BE FREE FROM LOSS, CORRUPTION, ATTACK, VIRUSES, INTERFERENCE, HACKING, OR OTHER SECURITY INTRUSION, AND DARLENE BINK DISCLAIMS ANY LIABILITY RELATING THERETO. YOU SHALL BE RESPONSIBLE FOR BACKING UP YOUR OWN SYSTEM.
Products contain exercises or demonstrations that are suitable for everyone. To reduce the risk of injury consult your physician prior to beginning this program. Any user of this exercise program assumes the risk of injury from performing the exercises suggested. The instruction and advice presented are in no way intended as a substitute for medical counseling. The creators, producers, participants, and distributors of these programs disclaim any liabilities in connection with the instruction and advice expressed herein.
Waiver and Indemnity
BY USING THE SERVICE, YOU AGREE TO INDEMNIFY AND HOLD DARLENE BINK, ITS DIRECTORS, OFFICERS, EMPLOYEES, AFFILIATES, AGENTS, CONTRACTORS, AND LICENSORS HARMLESS WITH RESPECT TO ANY CLAIMS ARISING OUT OF YOUR BREACH OF THIS AGREEMENT, YOUR USE OF THE SERVICE, OR ANY ACTION TAKEN BY DARLENE BINK AS PART OF ITS INVESTIGATION OF A SUSPECTED VIOLATION OF THIS AGREEMENT OR AS A RESULT OF ITS FINDING OR DECISION THAT A VIOLATION OF THIS AGREEMENT HAS OCCURRED. THIS MEANS THAT YOU CANNOT SUE OR RECOVER ANY DAMAGES FROM DARLENE BINK, ITS DIRECTORS, OFFICERS, EMPLOYEES, AFFILIATES, AGENTS, CONTRACTORS, AND LICENSORS AS A RESULT OF ITS DECISION TO REMOVE OR REFUSE TO PROCESS ANY INFORMATION OR CONTENT, TO WARN YOU, TO SUSPEND OR TERMINATE YOUR ACCESS TO THE SERVICE, OR TO TAKE ANY OTHER ACTION DURING THE INVESTIGATION OF A SUSPECTED VIOLATION OR AS A RESULT OF DARLENE BINK'S CONCLUSION THAT A VIOLATION OF THIS AGREEMENT HAS OCCURRED. THIS WAIVER AND INDEMNITY PROVISION APPLIES TO ALL VIOLATIONS DESCRIBED IN OR CONTEMPLATED BY THIS AGREEMENT.
DARLENE BINK reserves the right, at any time and from time to time, to update, revise, supplement, and otherwise modify this Agreement and to impose new or additional rules, policies, terms, or conditions on your use of the Service. Such updates, revisions, supplements, modifications, and additional rules, policies, terms, and conditions (collectively referred to in this Agreement as "Additional Terms") will be effective immediately and incorporated into this Agreement. Your continued use of the DARLENE BINK Store following will be deemed to constitute your acceptance of any and all such Additional Terms. All Additional Terms are hereby incorporated into this Agreement by this reference.
The laws of the state of VIRGINIA, excluding its conflicts of law rules, govern these Terms and your use of the Service. Your use of the Service may also be subject to other local, state, national, or international laws. You expressly agree that exclusive jurisdiction for any claim or dispute with DARLENE BINK or relating in any way to your use of the Service resides in the courts of the state of VIRGINIA.
These Terms of Service constitute the entire agreement between you and DARLENE BINK and govern your use of the Service, superseding any prior agreements between you and DARLENE BINK. You also may be subject to additional terms and conditions that may apply when you use affiliate services, third-party content, or third-party software. If any part of these Terms of Service is held invalid or unenforceable, that portion shall be construed in a manner consistent with applicable law to reflect, as nearly as possible, the original intentions of the parties, and the remaining portions shall remain in full force and effect. DARLENE BINK'S failure to enforce any right or provisions in these Terms of Service will not constitute a waiver of such provision, or any other provision of these Terms of Service. If any provision of this Agreement is found by a court of competent jurisdiction to be invalid, the other provisions will remain in full force and effect. DARLENE BINK will not be responsible for failures to fulfill any obligations due to causes beyond its control.