This website, its contents, features and functionality, including all related information, software, text, displays, images, video, audio and design, are owned by the Company and protected by United States federal and state intellectual property laws. Unless otherwise indicated, all trademarks, service marks, logos, product and service names, designs and slogans appearing on this website are the property of the Company.
Unless expressly authorized by the Company, you may not use our website content to modify, copy, upload, post, reproduce, republish, transmit, translate, sell, create or distribute any identical, similar or derivative works in any manner.
You may be given the opportunity to create an account with our website via online registration by selecting a user name and password and providing an email address. If you choose to create an account‚ you agree to provide accurate and complete registration information‚ and to update your account with any changes to such information. Failure to provide accurate and complete information constitutes a material breach of these terms which may result in the termination of your account. We reserve the right to refuse registration or cancel any User account in our discretion.
If you choose to make a purchase, you agree to provide valid payment, billing and shipping information if applicable. We reserve the right to cancel an order for any reason, including invalid or fraudulent information. You acknowledge that products and services may vary and prices are subject to change.
Restrictions on Use
We may provide communal features on our website that allow users to post, submit, publish, display or transmit content. You grant the Company a non-exclusive, royalty-free, worldwide license to use the content you post to our website for marketing purposes. By posting, downloading, displaying, performing, transmitting or otherwise distributing your content to our website (“User Content”), you grant the Company a license to use User Content in connection with its business marketing activities including the right to use, reproduce, modify, perform, display, distribute and disclose User Content to third parties. You warrant and represent that you own or control all rights in the User Content and have the right to grant such license to us. You agree that you will have no claim or other recourse against the Company for infringement of any proprietary right with respect to your User Content.
Inappropriate User Content
We respect the intellectual property rights of others and take infringement seriously. If you have a claim for copyright infringement you must follow the requirements of the Digital Millennium Copyright Act by providing us with the following information:
- A description and location of the copyrighted work that has been infringed (provide URL);
- The location of the infringing material (provide URL);
- Your address‚ telephone number and email address;
- A statement by you that you have a good-faith belief that the disputed use is not authorized by the copyright owner‚ its agent or the law;
- A statement under penalty of perjury that the information in your notice is accurate and that you are the owner of the copyright at issue or are authorized to act on the copyright owner’s behalf; and
- An electronic or physical signature of the person authorized to act on behalf of the copyright owner.
Our designated Copyright Agent to receive DMCA Notices is:
ATTN: Copyright Agent
GRACEFUL POWER YOGA AND WELLNESS
6 DEER RUN DRIVE
ILBRAHAM, MA 01095
Third Party Links
Our website may contain links to third-party websites. These links are only provided for convenience and are not an endorsement by us of their content. We have no control over the content of third party websites and we are not responsible for any loss or damage that may arise from your use of them. If you choose to access any third-party websites linked from our website, you do so at your own risk and subject to the terms and conditions of each third-party website.
OUR WEBSITE IS AVAILABLE “AS IS” WITHOUT WARRANTY OF ANY KIND. YOU ASSUME ANY AND ALL RISK WITH YOUR USE OF OUR WEBSITE OR ITEMS OBTAINED VIA OUR WEBSITE. WE EXPRESSLY DISCLAIM ANY AND ALL WARRANTIES, EXPRESS OR IMPLIED, INCLUDING BUT NOT LIMITED TO, ANY IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, OR NONINFRINGEMENT. WE MAKE NO PROMISES OR WARRANTY THAT THE WEBSITE OR ITEMS CONTAINED THEREIN WILL MEET YOUR EXPECTATIONS FOR COMPLETENESS, ACCURACY OR SECURITY OR THAT THE OPERATION OF THE WEBSITE WILL BE UNINTERRUPTED OR ERROR-FREE. THIS WARRANTY SECTION SHALL APPLY TO THE FULLEST EXTENT PERMISSABLE UNDER APPLICABLE STATE LAW.
Limitation of Liability
THE COMPANY SHALL NOT BE LIABLE TO YOU OR ANY THIRD-PARTY FOR ANY SPECIAL, PUNITIVE, INCIDENTAL, INDIRECT OR CONSEQUENTIAL DAMAGES OF ANY KIND, INCLUDING WITHOUT LIMITATION, THOSE RESULTING FROM LOSS OF USE, LOSS OF DATA OR LOSS OF PROFITS, REGARDLESS OF THE FORESEEABILITY OF THOSE DAMAGES. THE FOREGOING LIMITATION APPLIES TO ANY THEORY OF LIABILITY ARISING OUT OF OR RELATING TO THE USE OF OUR WEBSITE, ITS ITEMS CONTAINED THEREIN OR ANY THIRD PARTY WEBSITE LINKED FROM OUR WEBSITE.
IF COMPANY IS FOUND TO BE LIABLE TO YOU FOR DIRECT DAMAGES IN CONNECTION WITH YOUR USE OF ITS WEBSITE, COMPANY’S LIABILITY SHALL NOT EXCEED THE AMOUNT YOU PAID FOR ITS PRODUCTS AND SERVICES DURING THE THREE (3) MONTHS IMMEDIATELY PRECEDING THE EVENTS GIVING RISE TO THE CLAIM.
Class Action Waiver
YOU AGREE THAT YOU MAY BRING CLAIMS AGAINST US ONLY IN YOUR INDIVIDUAL CAPACITY AND NOT AS A PLAINTIFF OR CLASS MEMBER IN ANY PURPORTED CLASS OR REPRESENTATIVE PROCEEDING.
Governing Law and Venue
This Policy shall be construed and governed by the laws of the State of Massachusetts without regard to the principles of conflict of laws thereof. You agree and accept that any legal action or proceeding shall be brought in the federal or state courts of the above listed state and you waive any objection to personal jurisdiction, venue or forum non conveniens.
LAST UPDATED: 13 November 2021