Terms of Use

ACCEPTANCE OF THESE TERMS OF USE: These Terms of Use apply to all users of this Site. By using this Site you are agreeing to comply with and be bound by these Terms of Use. If you do not agree to these Terms of Use, you may not access or use this Site.

ACCEPTANCE OF OUR PRIVACY POLICY: By agreeing to these Terms of Use, you agree to the terms of our Privacy Policy. All personal information provided to us as a result of your use of this Site will be handled in accordance with our Privacy Policy. To the extent there are inconsistencies between these Terms of Use and our Privacy Policy, these Terms of Use control.

CONSENT TO OTHER AGREEMENTS: When you sign up to use a special feature of this Site, you may be asked to agree to special terms governing your use of the special feature. In such cases, you may be asked to expressly consent to the special terms, for example, by checking a box or clicking on a button marked “I agree.” This type of agreement is known as a “click-through” agreement. If any of the terms of the click-through agreement are different than the terms of these Terms of Use, the terms of the click-through agreement will supplement or amend these Terms of Use, but only with respect to the matters governed by the “click-through agreement.”

DISCLAIMER: We make no representations or warranties with respect to this Site or its content, or any product or service available on or promoted through this Site. This Site and all of its content are provided on an "as is"/"as available" basis, without representations or warranties of any kind. To the fullest extent permitted by law, Prizm Yoga, its affiliated and their service provides and licensors disclaim any and all representations and warranties, whether express, implied, arising by statute, custom, course of dealing, course of performance or in any other way, with respect to this Site, its content, and any products of serves available or promoted through this Site. Without limiting the generality of the foregoing, Prizm Yoga & Fitness, its affiliates, and their service provides and licensors disclaim all representations and warranties (a) of title, non-infringement, merchantability and fitness for a particular purpose, (b) relating to the security of this Site, (c) that the content of this site is accurate, complete, and current, or (d) that this Site will operate securely or without interruption or error. Furthermore, we do not represent or warrant that this Site, its servers, or any transmissions sent from us or through this Site will be free of any harmful components.

Prizm Yoga & Fitness does not endorse and is not responsible for statements, advice, and opinions made by anyone other than authorized Prizm Yoga & Fitness spokespersons. We do not endorse and are not responsible for any statements, advice, or opinions contained in user-generated content and such statements, advice, or opinions do not reflect the statements, advice, and opinions of Prizm Yoga & Fitness.

We do not make any representations or warranties against the possibility of deletion, mis-delivery or failure to store communication, personalized settings, or other data. You accept that our owners, directors, employees and other representatives will have the benefit of this clause.

FEEDBACK: Although we do not claim ownership of User-Generated Content you post using this Site, the Feedback you provide to us through this Site will be and remain our exclusive property. Your submission of Feedback will constitute an assignment to us of all worldwide rights, title and interests in your Feedback, including all copyrights and other intellectual property rights in your Feedback. We will be entitled to reduce to practice, exploit, make, use, copy, disclose, display or perform publicly, distribute, improve and modify any Feedback you submit for any purpose whatsoever, without restriction and without compensating you in any way. For this reason, we ask that you not send us any Feedback that you do not wish to assign to us.

INDEMNITY: You agree to indemnify and hold Prizm Yoga & Fitness, its subsidiaries, and affiliates, and their respective officers, agents, partners, and employees, harmless from any loss, liability, claim, or demand, including reasonable attorneys’ fees, made by any third party due to or arising out of your use of this Site in violation of these Terms of Use and/or arising from a breach of these Terms of Use and/or any breach of your representations and warranties set forth above and/or if any material that you post using this Site causes us to be liable to another. We reserve the right to defend any such claim and you agree to provide us with such reasonable cooperation and information as we may request.

LIMITATION OF LIABILITY: To the fullest extent permitted by applicable laws, we, on behalf of our directors, officers, employees, suppliers, licensors, and service providers, exclude and disclaim liability for any losses and expenses of whatever nature including, without limitation, any direct, indirect, general, special punitive, incidental, or consequential damages; lose of use; loss of data; loss caused by a virus; loss of income or profit; loss of or damage to property; claims of third parties; or other losses of any kind or character, even if we have been advised of the possibility of such damaged or losses, arising out of or in connection with the use of this Site. You assume total responsibility for establishing such procedures for data backup and virus checking as you consider necessary. This limitation of liability applies whether the alleged liability is based on contract, tort (including negligence), strict liability, or any other basis.

This Site gives you specific legal rights and you may also have other rights which vary from country to country. Some jurisdictions do not allow certain kinds of limitations or exclusions of liability, so the limitations and exclusions set out in these Terms of Use may not apply to you. Other jurisdictions allow limitations and exclusions subject to certain conditions. In such a case the limitations and exclusions set out in these Terms of Use will apply to the fullest extent permitted by the laws of such applicable jurisdictions. Your statutory rights as a consumer, if any, are not affected by these provisions, and we do not seek to exclude or limit liability for fraudulent misrepresentation.

LINKS TO THIRD-PARTY WEBSITES: This Site may provide links to other websites operated by third parties. Because we have no control over third-party websites, we are not responsible for the availability of those websites and do not endorse and are not responsible or liable for any content, advertising, services, products, or other materials on or available from such websites. Prizm Yoga & Fitness will not be responsible or liable, directly or indirectly, for any damage or loss caused or alleged to be caused by or in connection with the use of or reliance on any content, advertising, services, products, or other materials on or available from such websites. These Terms of Use do not apply to your use of third-party websites; your use of such websites is subject to the terms and policies of the owner of such websites.

MODIFICATION & DISCONTINUATION: We reserve the right at any time to modify, edit, delete, suspend or discontinue, temporarily or permanently this Site (or any portion thereof) and/or the information, materials, products and/or services available through this Site (or any part thereof) with or without notice. You agree that we shall not be liable to you or to any third party for any such modification, editing, deletion, suspension or discontinuance of this Site.

OBLIGATIONS: In consideration of your use of this Site, you agree that to the extent you provide personal information to Prizm Yoga & Fitness it will be true, accurate, current, and complete and that you will update all personal information as necessary. To the extent you create an account through this Site, you understand and agree that any account you create, including your username and password, are personal to you and may not be used by anyone else. You are responsible for maintaining the confidentiality of your username and password and are fully responsible for all activities that occur under your username and password by you or by anyone else using your username and password, whether or not authorized by you. You agree to change your password immediately if you believe your password may have been compromised or used without authorization. You also agree to immediately inform us of any apparent breaches of security such as loss, theft, or unauthorized disclosure or use of your username or password by contacting us. Until we are notified you will remain liable for any unauthorized use of your account.

You agree to use this Site in a manner consistent with any and all applicable rules and regulations. You agree not to upload or transmit through this Site any computer viruses, trojan horses, worms or anything else designed to interfere with, interrupt, or disrupt the normal operating procedures of a computer. Any unauthorized modification, tampering or change of any information, or any interference with the availability of or access to this Site is strictly prohibited. We reserve all rights and remedies available to us.

OWNERSHIP OF THIS SITE & CONTENT: This Site, including all its Content are protected under applicable intellectual property and other laws, including without limitation the laws of the United States and other countries. All Content and intellectual property rights therein are the property of Prizm Yoga & Fitness or the material is included with the permission of the rights owner and is protected pursuant to applicable copyright and trademark laws.

The presence of any Content on this Site does not constitute a waiver of any right in such Content. You do not acquire ownership rights to any such Content viewed through this Site. Except as otherwise provided herein, none of this Content may be used, copied, reproduced, distributed, republished, downloaded, modified, displayed, posted or transmitted in any form or by any means, including, but not limited to, electronic, mechanical, photocopying, recording, or otherwise, without our express prior written permission.

Permission is hereby granted to the extent necessary to lawfully access and use this Site and to display, download, or print portions of this Site on a temporary basis and for your personal, educational, noncommercial use only, provided that you: (a) do not modify the Content, (b) you retain any and all copyright and other proprietary notices contained in the Content, and (c) you do not copy or post the Content on any network computer or broadcast the Content in any media.

REMOVAL OF CONTENT: You can seek removal of objectionable UGC by contacting us using the information provided below. We will review all such requests and will remove UGC that we determine should be removed, in our sole discretion and in accordance with these Terms of Use and applicable law. Please be aware, however, that if the UGC has already been distributed to other websites or published in other media, we will not be able to recapture and delete it. A back-up or residual copy of the UGC we remove from this Site may remain on back-up servers.

RESPONSIBILITY FOR USER-GENERATED CONTENT POSTED ON/THROUGH THIS SITE: You are responsible for User-Generated Content that you post. Under no circumstances will we be liable in any way for any UGC. This means that you, not Prizm Yoga & Fitness, are entirely responsible for all UGC that you post and that you can be held personally liable for comments that are defamatory, obscene, or libelous, or that violate these Terms of Use, an obligation of confidentiality, or the rights of others. Because we do not control the UGC posted on or through this Site, we cannot and do not warrant or guarantee the truthfulness, integrity, suitability, or quality of that UGC. You agree and understand that by accessing this Site, you may encounter UGC that you may consider to be objectionable. We have no responsibility for any UGC, including without limitation any errors or omissions therein. We are not liable for any loss or damage of any kind you may claim was incurred as a result of the use of any UGC posted, emailed, transmitted or otherwise made available on or through this Site. The UGC posted on or through this Site expresses the personal opinions of the individuals who posted it and does not reflect the views of Prizm Yoga & Fitness or any person or entity associated with Prizm Yoga & Fitness.

You own User-Generated Content, but we may use it. You own the copyright in any original UGC you post. We do not claim any copyrights in UGC. However, by using this Site you are granting us and our subsidiaries, affiliates, successors and assigns, a nonexclusive, fully paid, worldwide, perpetual, irrevocable, royalty-free, transferable license (with the right to sublicense through unlimited levels of sublicensees) to use, copy, modify, distribute, publicly display and perform, publish, transmit, remove, retain repurpose, and commercialize UGC you post in any and all media or form of communication whether now existing or hereafter developed, without obtaining additional consent, without restriction, notification, or attribution, and without compensating you in any way, and to authorize others to do the same. For this reason, we ask that you not post any UGC that you do not wish to license to us, including any photographs, videos, confidential information, or product ideas.

We may disclose and/or remove User-Generated Content. We have the right (but do not assume the obligation) to: monitor all UGC, require that you avoid certain subjects, remove or block any UGC at any time without notice at our sole and absolute discretion, disclose any UGC and the identity of the user who posted it in response to a subpoena or whenever we believe that disclosure is appropriate to comply with the law or a court order, to prevent or investigate a possible crime or other violation of law, to protect the rights of Prizm Yoga & Fitness or others, or to enforce these Terms of Use, and terminate your access to and use of this Site, or to modify, edit or block your transmissions thereto in our sole discretion. You agree that our exercise of such discretion shall not render us the owners of the UGC you post and you will retain ownership thereof.

RESTRICTIONS ON USER-GENERATED CONTENT: It is a condition of these Terms of Use that you do not upload, post, transmit or otherwise make available: (a) any UGC that is unlawful, harmful, hateful, threatening, abusive, harassing, libelous, defamatory, obscene, vulgar, pornographic, profane, racially disparaging, indecent, or invasive of another’s privacy, (b) any UGC that constitutes or encourages activity illegal under criminal or civil law, (c) any UGC that is false, misleading, or fraudulent, (d) any UGC that you do not have a right to make available under any law or under contractual or fiduciary relationships (such as inside information or proprietary and confidential information learned or disclosed as part of employment relationships or under nondisclosure agreements), (e) any UGC that violates or infringes upon the rights of others, including UGC which violates the patent rights, copyrights, trademark rights, privacy rights, publicity rights, trade secret rights, confidentiality rights, contract rights, or any other rights of any individual, living or deceased, or any legal entity, (f) any UGC that contains the image, name or likeness of anyone other than yourself, unless (1) that person is at least eighteen years old and you have first obtained his/her express permission or (2) that person is under eighteen (18) years old but you are his/her parent or legal guardian, (g) any request for or solicitation of any personal or private information from any individual, (h) any request for or solicitation of money, goods, or services for private gain, (i) any material that contains software viruses or any other computer code, files or programs designed to interrupt, destroy or limit the functionality of any computer software or hardware or telecommunications equipment, (j) any UGC that contains advertising, promotions or marketing, or which otherwise has a commercial purpose, (k) impersonate any person or entity or falsely state or otherwise misrepresent your affiliation with a person or entity, or (l) violate any local, state, national or international law, rule or regulation.

By posting User-Generated Content, you represent and warrant that (a) you own or otherwise control all of the rights to the UGC and have the right to grant the license set forth in these Terms of Use, (b) the UGC is accurate, and (c) you have read and understood - and your UGC fully complies with - these Terms of Use and applicable laws and will not cause injury to any person or entity.

TERMS OF USE MAY CHANGE: These Terms of Use are current as of the current date. Prizm Yoga reserves the right to change these Terms of Use consistent with applicable laws and principles. Your continued use of this Site constitutes your agreement to be bound by the revised Terms of Use. If at any time you choose not to accept these Terms of Use, do not use this Site.

TRADEMARKS: The Prizm Yoga & Fitness names and logos, all product and service names, all graphics, all button icons, and all trademarks, service marks and logos appearing within this Site, unless otherwise noted, are trademarks (whether registered or not), service marks, and/or trade dress of Prizm Yoga & Fitness. All other trademarks, product names, company names, logos, service marks, and/or trade dress mentioned, displayed, cited or otherwise indicated within this Site are the property of their respective owners. You are not authorized to display or use the Prizm Yoga & Fitness marks in any manner without our prior written permission. You are not authorized to display or use trademarks, product names, company names, logos, service marks, and/or trade dress of other owners featured within this Site without the prior written permission of such owners. The use or misuse of the Prizm Yoga & Fitness marks or other trademarks, product names, company names, logos, service marks, and/or trade dress or any other materials contained herein, except as permitted herein, is expressly prohibited.

WAIVER: Our failure at any time to require performance of any provision of these Terms of Use or to exercise any right provided for herein will not be deemed a waiver of such provision or such right. All waivers must be in writing. Unless the written waiver contains an express statement to the contrary, no waiver by Prizm Yoga & Fitness of any breach of any provision of these Terms of Use or of any right provided for herein will be construed as a waiver of any continuing or succeeding breach of such provision, a waiver of the provision itself, or a waiver of any right under these Terms of Use.

ENTIRE AGREEMENT: These Terms of Use (together with our Privacy Policy and/or click-through agreements) contain the entire understanding and agreement between you and Prizm Yoga & Fitness with respect to this Site and supersede all previous communications, negotiations, and agreements, whether oral, written, or electronic, between you and Prizm Yoga & Fitness with respect to this Site and your use of this Site.