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Online Teacher Training Terms of Use

Acceptance of Terms

These Terms and Conditions of Use (“Terms of Use”) apply to the Teacher Training Course hosted on www.jyu.myjoyyoga.com, as developed by Joy Yoga University and My Joy Yoga (MJY), a Texas Corporation. This agreement is between Student (hereinafter “Student”) and My Joy Yoga LLC and Joy Yoga University (hereinafter “Provider”), collectively “Parties.” As a Student in this Training, by clicking “accept” below, Student agrees to be bound by the terms and conditions as outlined in this document.

Fees

The complete fee for this course is $1495; it is due after Student’s application is accepted by Provider and Student registers to participate in this training. Fees are not refundable, transferable, or otherwise subject to modification by either party.

Login

Only the registered Student may utilize his or her unique login to access material and/or upload content throughout this course. Student agrees to safeguard his or her account information and to notify MJY in the event of any suspected breach of security. Student may be held liable for losses incurred by MJY or any other user of or visitor to the Site due to someone else using Student’s My Joy Yoga ID, password, or account.

Compatible Devices

In order to be able to Stream or download Course Materials (as defined below) from the Service and to view the Content on the Service, you will need to use a personal computer, portable media player, or other device that meets the system and compatibility requirements that we establish from time to time and is otherwise capable of interacting with the Service (each such device, a “Compatible Device”). We may change the requirements for Compatible Devices from time to time and, in some cases, whether a device is (or remains) a Compatible Device may depend on software or systems provided or maintained by the device manufacturer or other third parties. As a result, devices that are Compatible Devices at one time may cease to be Compatible Devices in the future.

Availability of Services / Force Majeure

Provider maintains state-of-the-industry computer technology and has utilized best possible programing practices. Provider has implemented all reasonable safeguards to provide access to online services at all times. In the event of any disruption of services, Provider warrants that it will work as expeditiously as possible to restore usability to Student. Provider likewise is not responsible for natural disasters or any other such events outside of its control. No damages, monetary or otherwise, will be available to Student based on any such lapse in access. Although highly unlikely, in the event that a lapse is longer than one day (24 hrs), MJY will credit any lost time toward Student’s one year timeframe for completion. Provider will, from time to time, perform maintenance on its site as needed, which may result in a temporary inaccessibility.

Student’s Prudent Physical Practices

As with any new physical practice, Student should be aware of his or her physical abilities and limitations and should consult a healthcare provider for assurance that Student is healthy enough to practice Yoga. Provider offers no warranties or guarantees regarding improvement of physical conditioning or health as a result of participating in this training.

Relationship between Provider and Student

Provider agrees to give student access to materials and guidance to learn what is needed to be a competent Yoga Teacher, no other legal relationship is created by participation in this Training.

Others

Relationship between Provider and Student does not extend to any other persons or entities, including but not limited to, Student’s own students or any others whom Student may instruct in the practices of Yoga. Provider specifically disclaims liability for any events pertaining thereto. It is wholly Student’s responsibility to exercise prudent practices and comply with all applicable laws when undertaking the teaching of others, both while participating in this Training and at all times afterward.

Post Completion

While Provider has created this Training to enable Student to competently teach others, completion of this Training does not guarantee employment.

Provider’s Proprietary Rights

All materials  in this Training and on the My Joy Yoga Website, including, without limitation, names, logos, trademarks, images, text, columns, graphics, videos, photographs, illustrations, artwork, master recordings, compositions, software, computer code, and other elements (collectively, “Content”) are protected by copyrights, trademarks and/or other intellectual property rights owned and controlled by My Joy Yoga, Joy Yoga University, or other parties that have licensed or otherwise provided their material to MJY. Student acknowledges and agrees that all Content on the MJY Website is made available for limited, non-commercial, personal use only. Except as specifically provided herein or elsewhere on this Website, no Content may be copied, reproduced, republished, sold, downloaded, posted, transmitted, or distributed in any way, or otherwise used for any purpose, by any person or entity, without express written permission of My Joy Yoga and Joy Yoga University. Student may not add, delete, distort, or otherwise modify any Content. Any unauthorized attempt to modify any Content, to defeat or circumvent security features, or to utilize the Website or any part of the Content for any purpose other than its intended purposes is strictly prohibited and is grounds for immediate dismissal from Training, forfeiture of Tuition fee, and any and all possible remedies available to Provider at Law or Equity.

Student’s Rights to Content

Student will enter typed data and upload video and audio at various times throughout this Training (hereinafter, “content). Provider may utilize certain aspects of Student anecdotes or details shared by Student with Provider, in promotional materials without student consent ONLY if names and identifying details are removed and/or disguised to preserve anonymity. Provider will not use Student’s image/likeness/video content without Student’s consent. Provider will not share confidential details with third parties.

 

Preservation/Disclosure

Student acknowledges, consents, and agrees that Provider may access, preserve, and disclose Student’s account information and Content if necessary to:  (a) comply with legal process as issued by a competent authority; (b) enforce this Agreement; (c) respond to claims that any Content violates the rights of third parties; (d) respond to Student’s requests for customer service; or (e) protect the rights, property, or personal safety of Provider, its Members, or the public. Under no other circumstances will Provider intentionally disclose Student’s account information to any third party.

Provider Liability

Provider and its subsidiaries, affiliates, managers, shareholders, directors, officers, and employees, will not be liable (jointly or severally) to Student or any other person or entity for indirect, consequential, special, incidental, punitive, or exemplary damages, including without limitation, lost profits, lost savings, and lost revenues (collectively, the “excluded damages”) as a result of Student’s use of Provider’s services, whether or not characterized in negligence, tort, contract, or other theory of liability, even if any of the Provider parties have been advised of the possibility of or could have foreseen any of the excluded damages and irrespective of any failure of an essential purpose of a limited remedy.  Where allowed by law, if, notwithstanding the other provisions of these Terms of Use, Provider is found to be liable to Student for any damage or loss which arises out of or is in any way connected with Student’s use of the Site or any Content, Provider’s liability shall in no event exceed the total of tuition fees paid for this Training.

Indemnity

Student agrees to indemnify and hold My Joy Yoga, Joy Yoga University and, its officers, directors, shareholders, predecessors, successors in interest, employees, agents, subsidiaries and affiliates, harmless from any demands, loss, liability, claims or expenses (including attorneys’ fees), made against Provider by any third party due to or arising out of or in connection with Student use of the Site.

Violation of These Terms of Use

Student agrees that Provider may, in its sole discretion, terminate Student’s access to the Site and/or block Student’s future access to the Site, and participation in this Training for lewd, inappropriate, or otherwise offensive conduct or if it is determined that Student has violated these Terms of Use or other agreements or guidelines which may be associated with Student participation. Student also agrees that any violation by Student of these Terms of Use will constitute an unlawful and unfair business practice, and will cause irreparable harm to MJY, for which monetary damages would be inadequate, and Student consents to MJY obtaining any injunctive or equitable relief that Provider deems necessary or appropriate in such circumstances. These remedies are in addition to any other remedies MJY may have at law or in equity.

If MJY does take any legal action against Student as a result of Student’s violation of these Terms of Use, MJY will be entitled to recover from Student, and Student agrees to pay, all reasonable attorneys’ fees and costs of such action, in addition to any other relief granted to MJY. Student agrees that MJY will not be liable to Student or to any third party for termination of Student’s access to the Site as a result of any violation of these Terms of Use.

Void Where Prohibited

My Joy Yoga administers and operates the www.myjoyyoga.com Site from its location in Houston, Texas, USA. MJY reserves the right to limit, in its sole discretion, the provision and quantity of any feature, product or service to any person or geographic area. Any offer for any feature, product or service made on the Site is void where prohibited. If Student chooses to access the Site from outside the United States, Student does so on Student’s own initiative and Student is solely responsible for complying with applicable local laws.

Venue and Choice of Law

Parties agree that any controversy arising from this agreement will be subject to the laws of the United States of America, State of Texas, irrespective of choice of law principles. The Parties agree that any controversy that may be brought arising from this agreement will be brought in the United States of America, and filed in either State or U.S. District Court sitting in the State of Texas. Student agrees to the personal jurisdiction by and venue in the state of Texas, and waive any objection to such jurisdiction or venue.

 

Legal Controversy: Arbitration

Student agrees that any controversy arising from this agreement will be brought to binding arbitration subject to the rules as established by the American Arbitration Association.

Use of the My Joy Yoga Site

All terms as described in the above standard “Terms of Service” for the regular My Joy Yoga site apply and such shall have the same effect as if incorporated here at length.

Copyright © 2017 My Joy Yoga, Inc; all rights reserved.

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