Terms & Conditions
This website, http://www.yogaforsurfers.com ("Website") is hosted by Living Swell, LLC ("LS"). We welcome all users to the Website.
We welcome your comments about the Website. However, any comments, feedback, notes, messages, ideas, suggestions or other communications (collectively, “Comments”) sent to us, whether through the Website, email, text message, U.S. mail or other means, shall be and remain the exclusive property of LS. Your submission of any Comments shall constitute an irrevocable assignment to LS of any and all worldwide rights, titles and interests in all copyrights and other intellectual property rights in the Comments. LS and any of its affiliates will be entitled to use, reproduce, disclose, publish and distribute any material 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 Comments which you do not intend to assign to us, including any confidential information or any original creative materials such as stories, product ideas, computer code or original artwork.
YOGA for SURFERS® and it logo, and Living Swell® and its logo are registered trademarks. LS and other marks indicated on our Website are trademarks or registered trademarks of Living Swell®. All rights in such names are reserved.
All rights in the product names, company names, trade names, graphics, logos, page headers, button icons, scripts, product packaging, trade dress and designs of all LS or third-party products or services, whether or not appearing in large print or with the trademark symbol, belong exclusively to LS or their respective owners and are protected from reproduction, imitation, dilution, or confusing or misleading uses under national and international trademark and copyright laws. The use or misuse of these trademarks or any materials, except as permitted herein, is expressly prohibited, and nothing stated or implied on the Website confers on you any license or right under any trademark of LS or any third party.
All copyright rights in the text, images, photographs, graphics, user interface, music and other content provided on the Website, and the selection, coordination, and arrangement of such content, are owned by LS or its third-party licensors to the full extent provided under the United States Copyright Act and all international copyright laws. Under applicable copyright laws, you are prohibited from copying, reproducing, modifying, distributing, displaying, performing, or transmitting any of the contents of the Website for any purposes. Nothing stated or implied on the Website confers on you any license or right under any copyright of LS or any third party.
Notice of Copyright or Trademark Infringement
LS respects and honors the intellectual property of others. If you believe that your work has been copied and is accessible on the Website in a way that constitutes infringement, please provide LS with the following information: (1) identification of the copyrighted work claimed to have been infringed; (2) identification of the allegedly infringing material on the Website that is requested to be removed; (3) your name, address, and daytime telephone number, and an email address if available, so that YFS may contact you if necessary; (4) a statement that you have a good faith belief that the use of the copyrighted work is not authorized by the copyright owner, its agent, or the law; (5) a statement that the information in the notification is accurate and, under penalty of perjury, that the signatory is authorized to act on behalf of the owner of an exclusive copyright right that is allegedly infringed; and (6) an electronic or physical signature of the copyright owner or someone authorized on the owner’s behalf to assert infringement of copyright and to submit the statement.
We are not responsible for the accuracy of any user content contained in any Forum or otherwise on our Website.
There are two general purposes where you might submit content to us via the Internet or other means. The first is in connection with a contest, sweepstakes or other promotional activity. The second is in connection with a Forum. In the event you submit any content such as ideas, photographs or works of authorship in connection with any contest, sweepstakes or promotion, in consideration of your entry you will, by your submission, be deemed to have assigned to us all right, title and interest in the content you may have and you agree to execute any further documentation to effect or memorialize the transfer.
We may edit or delete any content provided by you at any time at our sole discretion. Further, we may screen or monitor submitted content for legal or other purposes, though we have no obligation to do so.
License and Website Access
LS grants you a limited, revocable and nonexclusive license to access and make personal use of the Website but not to download (other than page caching) or modify it, or any portion of it, except with express written consent of LS. This license does not include any resale or commercial use of the Website or its contents; any collection and use of any product listings, descriptions, or prices; any derivative use of the Website or its contents; any downloading or copying of account information for the benefit of another merchant; or any use of data mining, robots, spiders or similar data gathering and extraction tools.
Neither the Website nor any portion of the Website may be reproduced, duplicated, copied, sold, resold, visited, or otherwise exploited for any commercial purpose without express written consent of LS. You may not frame or use framing techniques to enclose any trademark, logo, or other proprietary information (including images, text, page layout, or form) of LS and its affiliates without express written consent of LS. You may not use meta tags or any other hidden text using LS name or trademarks without the express written consent of LS. Any unauthorized use will immediately terminate the permission or license granted by LS.
You are granted a limited, revocable, and nonexclusive right to create a hyperlink to the home page of LS so long as the link does not portray LS or its products or services in a false, misleading, derogatory, or otherwise offensive manner as determined by LS in its sole discretion. You may not use any LS logo or other proprietary graphic or trademark as part of the link without express written permission of LS. You may not make any other part of the Website, other than the home page of the Website, available as part of another service by “deep linking,” or otherwise, without prior written permission from LS.
Third Party and Co-Branded Websites
The Website may contain hyperlinks (“Links”) to websites operated by persons or entities other than LS (“Third-party Websites”) or to co-branded websites operated by a third party, including affiliates (“Co-branded Websites”). We provide these Links for your reference and convenience only. A Link from LS to a Third-party Website does not imply or mean that we endorse the content on that Third-party or Co-branded Website or the operator or operations of that Website. You are solely responsible for determining the extent to which you use any content at any Third party or Co-branded Websites to which you might link from our Website.
LS is not responsible or liable for any loss or damage incurred as a result of any dealings with any Third-party Website or Co-branded Website, any merchant or operator of a Third-party Website or Co-branded Website, or any other person with whom you may engage in any transaction.
By using the Website, you agree not to violate or attempt to violate the security of the Website, including, by way of illustration but not limitation, actions like accessing data not intended for you or logging into a server or account that you are not authorized to access; attempting to probe, scan, or test the vulnerability of a system or network or to breach security or authentication measures without proper authorization; attempting to interfere with service to any user, host, or network, including, without limitation, by way of submitting a virus to or overloading, “flooding,” “spamming,” “mailbombing,” or “crashing” the Website; sending unsolicited email, including promotions and/or advertising of products or services; and forging any TCP/IP packet header or any part of the header information in any email or posting.
Risk of Loss
All products purchased from the Website are transported and delivered to you by an independent carrier not affiliated with, or controlled by LS. Title to products purchased on the Website, as well as the risk of loss for such products, pass to you when LS delivers these items to the carrier.
LS attempts to be accurate in describing its products. We do not warrant that product descriptions or other content of the Website are complete, reliable, current, or error-free. In some cases, merchandise displayed for sale at the Website may not be available in retail stores. Unless otherwise stated, the prices displayed at the Website are quoted in U.S. Dollars.
Disclaimer of Warranties and Limitations on Liability
LS provides this Website on an “as-is” and “as available” basis. To the maximum extent permitted by law, LS disclaims all warranties, express or implied, including, but not limited to, implied warranties of merchantability and fitness for a particular purpose, as to the operation of the Website. This disclaimer also applies to the information, content, third-party content, materials, products, services, or linked services provided on or through the Website, including, without limitation:
that the information provided through the Website will be free from error, omission, interruption, defect or delay in operation, or from technical inaccuracies or typographical errors;
that the Website will be available at any particular time or location;
that the defects or errors in service will be corrected; or
that the content on the Website is free from viruses or other harmful components.
Any information on this Website is subject to change without notice and we disclaim all responsibility for these changes. You expressly agree that your use of this Website is at your sole risk.
In no event will LS, or any party involved in creating, producing, or delivering the Website, be liable for any damages of any kind arising from the use of the Website, including, but not limited to direct, indirect, incidental, exemplary, punitive, special and consequential damages or any damages of any type or nature arising out of your access, use, misuse, or inability to use the Website or any linked sites or services; in the event a third party intercepts or decrypts any transmission of information that you provide to LS through the Website; or in connection with any failure of performance, error, omission, interruption, defect, delay in operation or transmission computer virus, or line or system failure, whether in an action under contract, negligence, tort, strict liability, or any other theory, even if we have been previously advised of the possibility of such damages. Certain states or jurisdictions do not allow limitations on implied warranties or the exclusion or limitation of certain damages. If these laws apply to you, some or all of the above disclaimers, exclusions or limitations may not apply and you may have additional rights.
Website Creator Peggy Hall is not a medical doctor and any information she presents in this Website and the products available on this Website are intended for educational purposes only and are not intended to diagnose, cure or treat any condition or illness. Users of this Website are advised to check with their personal doctor before undertaking any exercise program (including those programs available on this Website) or making any changes to their diet or medication. Users acknowledge that yoga is a physical exercise and not all programs may be suitable for all Users. The statements regarding nutritional supplements and health products have not been reviewed nor endorsed by the FDA. Users agree to not hold responsible the creators, producers or affiliates of the LS programs for any injury that may occur.
LS may discontinue the Website at any time and for any reason, without notice. We may change the contents, operation, or any and all other features of the Website at any time for any reason, without notice. We may discontinue or restrict your use of the Website at any time for any reason, without notice.