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TERMS AND CONDITIONS

PLEASE REVIEW THE FOLLOWING TERMS AND CONDITIONS CAREFULLY BEFORE YOU USE THE WEBSITE, CONTENT, OR ANY SERVICES OR PRODUCTS PROVIDED ON OR THROUGH THE WEBSITE.

Welcome to vivyoga.com (the “Website”). These Terms and Conditions along with any additional terms and conditions and policies referenced herein and/or available by hyperlink (the “Terms”) apply to any access to or use of the Website, associated sites, and/or content from this Website. The Website is owned and operated by Vivian Luo. Any references to “we”, “us” and “our” refer to Vivian Luo throughout these Terms.

General Terms and Conditions of Use

By using this Website, including purchasing any products from this Website, as applicable, you agree to be bound by these Terms. If you do not agree to these Terms, you may not use this Website. It is your responsibility to review these Terms periodically. We reserve the right to revise these Terms at any time without notice to you. If you do not agree to these Terms, please do not use this Website.

You agree that by using this Website, you are at least 18 years of age, or visiting under the supervision of a parent or guardian, and legally able to enter into a contract.

We grant you a limited, revocable, non-exclusive license to access and use this Website for your personal use, and to copy, distribute, and transmit the content of this Website only to the extent that such copying, distribution, and transmission is automatically done through your browser software incidental to using the Website for your personal use. This license or access and use does not include any resale or commercial use of this Website or its contents, any derivative use of this Website or its contents, any downloading or copying of information, or any use of data mining, content scraping, robots, or data gathering and extraction tools. Except as permitted herein, no portion ofthis Website may be reproduced, duplicated, copied, sold, resold, visited, orotherwise exploited for any commercial purpose without our express written consent. You may not use any meta tags or any other “hidden text”utilizing Vivian Luo’s name, domain name(s), or trademarks without our express written consent. Any unauthorized use terminates the permission or license granted herein.

We reserve the right to change or eliminate the information, features and functions of this Website without prior notice. We reserve the right to refuse service to anyone for any reason at any time, including refusing service, terminating accounts, and/or denying access to any or all parts of this Website if you engage in any conduct or activities that we determine, in our sole discretion, violate this Agreement, our rights, or the rights of any third party for any reason. Use of the site for any illegal or unauthorized purpose is strictly prohibited.

As a condition of your use of this Website, you warrant to us that you will not use this Website for any purpose that is prohibited by applicable law, rule, or regulation, or prohibited by these Terms. You are prohibited from using the Website and Content:

(1)        to solicit others to perform or participate in any unlawful acts;

(2)        to violate any international, federal, provincial or state regulations, rules, laws, or local ordinances;

(3)        to infringe upon or violate our intellectual property rights or the intellectual property rights of others;

(4)        to harass, abuse, insult, harm, defame, slander, disparage, intimidate, or discriminate based on gender, sexual orientation, religion, ethnicity, race, age, national origin, or disability;

(5)        to submit false or misleading information;

(6)        to collect or track the personal information of others;

(7)        to spam, phish, pharm, pretext, spider, crawl, or scrape;

(8)        for any obscene or immoral purpose;

(9)        to interfere with or circumvent the security features of the Website or any related website, other websites, or the internet, including attempting to obtain or obtaining any materials or information through any means not intentionally made available or provided for through this Website;

(10)     to use any of the Content as a guide for teaching and/or providing products or services to others;  

(11)     to upload or transmit viruses or any other type of malicious code that will or may be used in any way that will affect the functionality or operation of the Website, Content, or of any related website, other websites, or the Internet; or

(12)     in any manner that could damage, disable, overburden, or impair this Website or interfere with any other party’s use and enjoyment of this Website.

We reserve the right to terminate your use of the Website and Content, including,without limitation, for violating any of the prohibited uses.

Intellectual Property

All information, materials, images, software, photographs, articles, functions, text, video and other content (collectively, the “Content”) contained on or offered through the Website and all copyrights, trademarks, and other intellectual property rights in and to the Content are the sole property of Vivian Luo, her licensors or content providers, or other third parties. The Website and all of its Content is protected under the copyright laws of theUnited States and other countries. We may change the Website or delete any Content or features or services at any time, in any way, for any or no reason. We reserve all rights in and to the Website and the Content.

Unless otherwise noted, Vivian Luo, vivyoga, www.vivyoga.com, vivyoga.com, and all other trademarks, service marks, trade names, and logos displayed on the Website are the trademarks, service marks, trade names, and logos of Vivian Luo or third parties. All trademarks, logos and service marks are the property of their respective owners. Nothing on the Website shall be construed as granting, by implication, estoppel, or otherwise, any license or right to use any trademark, trade name, logo or service mark displayed on the Website without the owner’s prior written permission. Unauthorized use of any trademarks, service marks, trade names, and logos displayed on the Website is strictly prohibited.

No Medical Advice

Vivian Luo is not a doctor and nothing on this Website shall be construed as medical advice. The information contained on this Website, or provided at your request, is for informational purposes only. No information on this Website is or should be used for the purposes of diagnosing, treating, curing, or preventing any illness, disease, or condition under any circumstances. You should consult a medical professional whenever needed. Content and/or services found or received through this Website should not be used in place medical advice.

No Warranty; Limitation of Liability

Any products and services made available on this Website are intended for personal use only. You may not assign, transfer, re-market, resell, or otherwise dispose of, such products and services without obtaining our prior written consent.

THE WEBSITE AND ANY CONTENT, SERVICES, AND PRODUCTS OFFERED ON THE WEBSITE ARE PROVIDED ON AN “AS IS” AND “AS AVAILABLE” BASIS AND WITHOUT WARRANTIES OF ANY KIND (INCLUDING ANY IMPLIED WARRANTIES). TO THE FULLEST EXTENT PERMISSIBLE PURSUANT TO APPLICABLE LAW, WE DISCLAIM ALL WARRANTIES, EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, AND NON-INFRINGEMENT. WE DO NOT REPRESENT OR WARRANT THAT THE FUNCTIONS CONTAINED ON THE WEBSITE WILL BE UNINTERRUPTED OR ERROR-FREE,THAT THE DEFECTS WILL BE CORRECTED, OR THAT THE SITE OR THE SERVER THAT MAKES THE WEBSITE AVAILABLE ARE FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS.

WE DO NOT MAKE ANY WARRANTEES OR REPRESENTATIONS REGARDING THE USE OF THE MATERIALS ON THE WEBSITE IN TERMS OF THEIR CORRECTNESS, COMPLETENESS, ACCURACY, ADEQUACY, USEFULNESS, TIMELINESS, RELIABILITY OR OTHERWISE. WE SHALL NOT BE LIABLE FOR ANY DIRECT, INDIRECT, INCIDENTAL, SPECIAL OR CONSEQUENTIAL DAMAGES THAT RESULT FROM THE USE OF, OR THE INABILITY TO USE, THE WEBSITE OR MATERIALS ON THE SITE, EVEN IF WE HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. APPLICABLE LAW MAY NOT ALLOW THE LIMITATION OF  OR EXCLUSION OF WARRANTIES, LIABILITY, OR INCIDENTAL OR CONSEQUENTIAL DAMAGES, SO THE ABOVE LIMITATION OR EXCLUSION MAY NOT APPLY TO YOU.

ALL USE OF THE WEBSITE AND CONTENT ARE AT YOUR SOLE RISK AND EXPENSE.

Copyright

The entire contents of the Website and the technology underlying, including but not limited to text, graphics, images, audio files, videos, digital downloads, data compilation, or code is protected under the copyright laws of the United States and other jurisdictions.  All rights reserved. To seek permission to use any portion of the Website or Content, please email oceanyogagirl@gmail.com.

Third Party Materials/Links

The Website and Content may include materials from third-parties and/or links to third party websites/materials (“Third Party Content”). Such third parties andThird Party Content are not affiliated with us and may be provided for informational, convenience, or courtesy purposes only. We do not endorse, warrant, or make any representations with respect to Third Party Content and do not and are not responsible for examining, monitoring, reviewing, or evaluating the content or accuracy of Third Party Content.  We shall not have any liability or responsibility of any kind for any Third Party Content or for any other materials, products, or services of third-parties.  WE ARE NOT LIABLE FOR ANY HARM OR DAMAGES RELATED TO THE PURCHASE OR USE OF GOODS, SERVICES, RESOURCES, CONTENT, OR ANY OTHER TRANSACTIONS MADE IN CONNECTION WITH ANY THIRD-PARTY OR THIRD PARTY CONTENT.

Errors, Inaccuracies, Omissions

While we do our best, sometimes the Website or Content may contain typographical errors, inaccuracies or omissions that may relate to product descriptions, pricing, promotions, offers, product shipping charges, delivery times and/or availability, as applicable. We reserve the right to correct any errors, inaccuracies or omissions, and to change or update information or cancel orders if any information on the Website is inaccurate at any time without prior notice (including after you have submitted your order, as applicable).

Indemnification

You agree to indemnify, defend, and hold harmless Vivian Luo, associated companies, and their respective officers, directors, employees, agents, licensors and suppliers from and against all losses, liabilities, expenses, damages, and costs, including reasonable attorneys’ fees, resulting from any violation of these Terms, or any activity related to use of the Website (including negligent or wrongful conduct) by you or any other person accessing the Website using your internet account or connection or device.

Additional Policies

The headings contained in these Terms are forconvenience and ease of reference only and shall not be construed in connection with or affect the interpretation of this Agreement.

Severability and Enforceability

In the event that any section of these Terms is determined by a Court of competent jurisdiction to be unlawful, void or unenforceable, such provision shall nonetheless be enforceable to the fullest extent permitted by applicable law, and the unenforceable portion shall be deemed to be severed from these Terms. Any such determination shall not affect the validity, applicability, and enforceability of any and all other remaining sections of the Terms.

Any failure by us to enforce any Terms or to take action against any party in the event of any breach of any Terms shall not be deemed a waiver by us as to subsequent enforcement of rights or subsequent actions in the event of future breaches.

Governing Law and Venue

These Terms shall be governed and construed in accordance with the laws of the State of New York, without regard to its conflict of laws principles. You irrevocably agree to the sole and exclusive jurisdiction of the State and Federal Courts in the Borough of Manhattan, New York, for any proceeding, dispute, or action relating to these Terms, the Website, and the Content, and you expressly waive any objection you may have to such jurisdiction or the convenience of such forum.  

Survival

All sections of the Terms that by their nature should survive and liabilities that accrue prior totermination or expiration shall survive any termination or expiration of the Terms.

Questions

Questions about these Terms should be directed to Vivian Luo at oceanyogagirl@gmail.com.