Terms and Use and Privacy Policy

Basic Terms of Use Welcome to www.celestialyoga.org . By using this website ("Site"), you are agreeing to comply with and be bound by the following terms and conditions of use, which together with our Privacy Policy govern the relationship between you and Celestial Yoga, LLC, provider of the Site. The terms "Provider" or "us" or "we" refer to the owner of the Site, www.celestialyoga.org , whose registered office is: United States Corporation Agents, Inc. 330 Changebridge Road Suite 101 Pine Brook, NJ 07058 . The term "you" refers to the user or viewer of our Site. ​ By accessing, downloading, or otherwise using Celestial Yoga, LLC's ONLINE OR IN-PERSON YOGA PROGRAMS/SESSIONS/PRODUCTS ("PROGRAMS/SESSIONS/PRODUCTS") in any way or for any reason ("Use"), you implicitly agree to our Full Disclaimer, these Terms and Conditions, and the Privacy Policy, all as set forth below. ​ The use of the Site is subject to the following terms of use: ​ 1. The content of the pages of the Site is for your general information and use only. It is subject to change without notice. ​ 2. Your use of any information or materials on the Provider Site is entirely at your own risk, for which we shall not be liable. It shall be your own responsibility to ensure that any products, services or information available through this Site meet your specific requirements. ​ 3. Additionally, by accessing and using our Site, you agree to be bound by the terms found in our Privacy Policy which can be accessed by the following link. ​ 4. Your use of any information on the Provider Site and/or App is entirely at your own risk, for which we shall not be liable. It shall be your own responsibility to obtain approval from your physician to ensure that any services or information available through this Site meet your specific requirements. ​ 5. You agree to pay the fees associated with the service requested on the Site. You agree that prices are subject to change and Provider does not offer a refund for the services provided under any circumstance. ​ 6. The trademarks, logos and service marks ("Marks") displayed on the Site are the property of Provider and other parties. You are prohibited from using any Marks for any purpose including, but not limited to use as metatags on other pages or Sites on the World Wide Web without the written permission of Provider or such third party which may own the Marks. All information and content located on the Site is protected by copyright. You are prohibited from modifying, copying, distributing, transmitting, displaying, publishing, selling, licensing, creating derivative works or using any Content available on or through the Site for commercial or public purposes. Unauthorized use of the Provider Site may give rise to a claim for damages and/or be a criminal offense. ​ 7. You UNDERSTAND the risks associated with participation in the PROGRAMS/SESSIONS/PRODUCTS INCLUDING but not limited to the physical injury resulting from the acts, omission, and/or negligence of others. YOU CERTIFY that YOU know and fully understand the importance and relevance of all risks and expressly and voluntarily assume any and all risks associated with the YOUR participation in PROGRAMS/SESSIONS/PRODUCTS. Further, Client expressly and voluntarily assumes any and all risks associated with the participation in PROGRAMS/SESSIONS/PRODUCTS including but not limited to the risk of dizziness; strains and/or sprains; fractures of any kind; and/or any other physical injury, due to any cause whatsoever. ​ 8. CELESTIAL YOGA, LLC DISCLAIMS ALL OTHER WARRANTIES, INCLUDING, WITHOUT LIMITATION, ANY WARRANTY THAT THE SERVICE WILL BE UNINTERRUPTED, ERROR FREE OR WITHOUT DELAY, AND THE IMPLIED WARRANTIES OF MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE. WHILE CELESTIAL YOGA, LLC TAKES REASONABLE PHYSICAL, TECHNICAL AND ADMINISTRATIVE MEASURES TO SECURE THE SERVICE, CELESTIAL YOGA, LLC DOES NOT GUARANTY THAT THE SERVICE CANNOT BE COMPROMISED AND CELESTIAL YOGA, LLC SHALL HAVE NO LIABILITY TO CUSTOMER OR THIRD PARTIES FOR ANY DAMAGES ARISING FROM A SECURITY BREACH. ​ 9. The Site may allow you to upload photographs, videos and other content to the Site and/or App and allow you to share same through your other social media accounts, if applicable. You may not transmit, retransmit, redirect, or store material in violation of federal or state laws or regulations, industry or community standards, including, but not limited to, obscenity, indecency, defamatory or material infringing trademarks or copyrights. You may not abuse or fraudulently use the Site. You represent that you are the owner of all material you upload and doing so does not infringe upon any third-party rights. Provider retains the right to remove without notice all material it considers to be in violation of any of its policies. When you upload content to or through our Services, you give Provider a worldwide license to use, store, reproduce, modify, communicate, publish, publicly display and distribute such content. The rights you grant in this license are for the limited purpose of operating, promoting, and improving our Services, and to develop new ones. This license continues even if you stop using our Services ​ 10. This Site provides links to other Sites by allowing you to leave this Site to access third-party material or by bringing third-party material into this Site via “inverse” hyperlinks and framing technology (a “Linked Site”). Provider has no discretion to alter, update, or control the content on a linked Site. The fact that Provider has provided a link to a Site is not an endorsement, authorization, sponsorship, or affiliation with respect to such Site, its owners, or its providers. There are inherent risks in relying upon, using or retrieving any information found on the internet, and Provider urges you to make sure you understand these risks before relying upon, using, or retrieving any such information on a linked Site. ​ 11. All content, products and services on the Site, or obtained from a Site to which the Site is linked (a “linked Site”) are provided to you “AS IS” without warranty of any kind either express or implied including, but not limited to, the implied warranties of merchantability and fitness for a particular purpose, title, non-infringement, security or accuracy. ​ 12. Provider does not endorse and is not responsible for (a) the accuracy or reliability of an opinion, advice or statement made through the Site by any party other than Provider, (b) any content provided on linked Sites or (c) the capabilities or reliability of any product or service obtained from a linked Site. Other than as required under applicable consumer protection law, under no circumstance will Provider be liable for any loss or damage caused by your reliance on information obtained through the Site or a linked Site, or your reliance on any product or service obtained from a linked Site. It is your responsibility to evaluate the accuracy, completeness or usefulness of any opinion, advice or other content available through the Site, or obtained from a linked Site. Please seek the advice of professionals, as appropriate, regarding the evaluation of any specific opinion, advice, product, service, or other content. ​ 13. The information, software, products and descriptions of services published on the Site or a linked Site may include inaccuracies or typographical errors, and Provider specifically disclaims any liability for such inaccuracies or errors. Provider does not warrant or represent that the content on the Site is complete or up-to-date. Provider is under no obligation to update the content on the Site. Provider may change the content on the Site at any time without notice. Provider may make improvements or changes to the Site at any time. ​ 14. You agree that Provider, Its affiliates and any of their respective officers, directors, employees, or agents will not be liable, whether in contract, tort, strict liability or otherwise, for any indirect, punitive, special, consequential, incidental or indirect damages (including without limitation lost profits, cost of procuring substitute service or lost opportunity) arising out of or in connection with the delay or inability to use the Site or a linked Site, or with the delay or inability to use the Site or a lined Site, even if Provider is made aware of the possibility of such damages. This limitation on liability includes, but is not limited to, the transmission of any viruses which may infect your equipment, failure of mechanical or electronic equipment or communication lines, telephone or interconnect problems (e.g., you cannot access your internet service provider), unauthorized access, theft, operator errors, strikes or other labor problems or any force majeure. Provider cannot and does not guarantee continuous, uninterrupted or secure access to the Site. ​ 15. It is your exclusive obligation to maintain and control passwords to your account. You are exclusively responsible for all activities that occur in connection with your user name and password. You agree to immediately notify Provider of any unauthorized uses of your user name and password or any other breaches of security. Provider will not be liable for any loss or damages of any kind, under any legal theory, caused by your failure to comply with the foregoing security obligations or caused by any person to whom you grant access to your account. ​ 16. You agree to indemnify Provider, its directors, officers, employees and agents against any and all liabilities, damages, claims, expenses and losses that arise as a result of your misuse of the information, content and/or services provided in connection with this Site. ​ 17. Your use of the Provider Site and any dispute arising out of such use of the Site is subject to the laws of the State of New Jersey, United States of America and applicable federal law without regard to conflicts of laws principles. ​ 18. You agree that Provider, in its sole discretion and for any or no reason may terminate any account (or any part thereof) you may have with Provider or use of the Site and/or App and remove and discard all or any part of your account or any content uploaded by you, at any time. Provider may also in its sole discretion and at any time discontinue providing access to the Site and/or App, or any part thereof, with or without notice. You agree that Provider will not be liable to you or any third party for any such termination. You may terminate your account and your right to use the Site at any time for any reason or no reason by contacting Celestial Yoga, LLC at jenjames@celestialyoga.org ​ 19. You must not use our Site or private Facebook group page in any way that causes or is likely to cause the Site or private Facebook group page or access to it to be interrupted, damaged or impaired in any way. You understand that you are solely responsible for all electronic communications and consent sent from your computer to us. ​ You must use PROGRAMS/SESSIONS/PRODUCTS, Site, and private Facebook group page for lawful purposes only. ​ You must not use the PROGRAMS/SESSIONS/PRODUCTS, Site and private Facebook group page for any of the following: For fraudulent purposes for in connection with a criminal offence or otherwise carry out any unlawful activity. To send, use or re-use any material that is illegal, offensive, abusive, indecent, harmful, defamatory, obscene or menacing, abusive, threatening, defamatory, objectionable, invasive of privacy, in breach of confidence, infringing of any intellectual property rights, or otherwise injurious to third parties, or which consists of or contains software viruses or any other harmful or similar computer code designed to adversely affect the operation of any computer software or hardware, commercial solicitation, chain letters, mass mailings or any spam. To cause annoyance, inconvenience or needless anxiety. To impersonate any third party or otherwise mislead as to the origin of your content. To reproduce, duplicate, copy or resell any of our content in contravention with these Terms and Conditions or any other agreement with us. ​ 20. We reserve the right in our sole discretion to refuse or terminate your access to the website or any part of the website or any part of the website at any time without notice. In the event of cancellation or termination, you are no longer authorized to access the part of the website affected by such cancellation or termination. The restrictions imposed on you with respect to material downloaded from the website, and the disclaimers and limitations of liabilities set forth in the Disclosure, the Terms and Conditions and the Privacy Policy shall survive. If you have any questions, please contact us at jenjames@celestialyoga.org ​ 21. This, along with the New Student Form for PROGRAMS/SESSIONS/PRODUCTS, makes up the entire Agreement between you and Celestial Yoga, LLC relating to the subject matter herein and will not be modified except in writing, signed by both parties or by a change in the Terms made by Celestial Yoga, LLC as set forth in the preamble to these Terms. ​ ​ ​ Privacy Policy Consent Celestial Yoga, LLC (hereinafter known as “Provider,” “us” or “we”) currently owns and operates the website known as www.celestialyoga.org (the “Site”). To better protect your privacy we provide this notice explaining our online information practices and the choices you can make about the way your information is collected and used. To make this notice easy to find, we make it available on our homepage and at every point where personally identifiable information may be requested. We are committed to protecting your privacy and committed to developing technology that gives you the most powerful and secure online experience. Personal information is accessible only to staff, agents, or contractors of Provider. This privacy statement applies to all Provider-owned web sites and domains. This privacy statement covers personally identifiable information and anonymous data collection. Personally identifiable information is any information that is associated with your name or personal identity. This Privacy Policy describes how we collect, use, process and distribute your information, including Personal Data (as defined below) used to access this Website. We will not use or share your information with anyone except as described in this Privacy Policy. The use of information collected through our Website shall be limited to the purposes under this Privacy Policy and our Terms of Use for customers. Please read this Privacy Policy carefully. We reserve the right to change this Privacy Policy on the Website at any time without notice. In the event of a material change, we will let you know via email and / or a prominent notice on our Website. Use of any personal information or contribution that you provide to us, or which is collected by us on or through our Website or its content is governed by this Privacy Policy. By using our Website or its content, you consent to this Privacy Policy, whether or not you have read it. Information We May Collect We collect personal information from you so that we can provide you with a positive experience when utilizing our Website or content. We will only collect the minimum amount of information necessary for us to fulfill our obligation to you. We may collect: A name and an email address so we can deliver our newsletter to you - you would be affirmatively consenting to this by providing this to us in our contact forms. Billing information including name, address and credit card information so that we can process payment to deliver our products or services to you under our contractual obligation. A name and an email address if you complete our contact form with a question. We may send you marketing emails with either your consent or if we believe we have a legitimate interest to contact you based on your contact or question. We collect personal information from you when you place an order, respond to a customer survey or other communication such as e-mail or participate in another Site feature. This information may include, but is not limited to, name, telephone number, e-mail address, postal or other physical address, title or occupation. Information from you from a co-branded offer. In this case, we will make clear as to who is collecting the information and whose privacy policy applies. If both / all parties are retaining the information you provide, this will also be made clear as will links to all privacy policies. Please note that the information above (“Personal Data”) that you are giving to us is voluntarily, and by you providing this information to us you are giving consent for us to use, collect and process this Personal Data. You are welcome to opt-out or request for us to delete your Personal Data at any point by contacting us at [jenjames@celestialyoga.org]. If you choose to upload photographs and/or other material we will collect and store this information for the sole purpose of customizing your order/service. We will not publish or display this material. If you choose not to provide us with certain Personal Data, you may not be able to participate in certain aspects of our Website or content. Other Information We May Collect: Anonymous Data Collection and Use To maintain our Website’s high quality, we may use your IP address to help diagnose problems with our server and to administer the Website by identifying which areas of the Website are most heavily used, and to display content according to your preferences. Your IP address is the number assigned to computers connected to the Internet. This is essentially "traffic data" which cannot personally identify you, but is helpful to us for marketing purposes and for improving our services. Traffic data collection does not follow a user’s activities on any other websites in any way. Anonymous traffic data may also be shared with business partners and advertisers on an aggregate basis. Use of "Cookies" Use of Cookies Our web sites are not setup to track, collect or distribute personal information. Our site does generate certain kinds of non-identifying site usage data, such as number of hits and visits to our sites. This information is used for internal purposes only. The statistics contain no personal information and cannot be used to gather such information. Provider Web sites use "cookies" to help you personalize your online experience. A cookie is a text file that is placed on your hard disk by a Web page server. Cookies cannot be used to run programs or deliver viruses to your computer. Cookies are uniquely assigned to you, and can only be read by a web server in the domain that issued the cookie to you. You have the ability to accept or decline cookies. Most Web browsers automatically accept cookies, but you can usually modify your browser setting to decline cookies if you prefer. If you choose to decline cookies, you may not be able to fully experience the interactive features of the Provider services or Web sites you visit. We may use the standard "cookies" feature of major web browsers. We do not set any personally identifiable information in cookies, nor do we employ any data-capture mechanisms on our Website other than cookies. You may choose to disable cookies through your own web browser’s settings. However, disabling this function may diminish your experience on our Website and some features may not work as intended. We endeavor to limit our requests to information we believe is reasonably necessary to achieve our purposes as described in the next paragraph. What We Do With Information We Collect Contact You We may contact you with information that you provide to us based on these lawful grounds for processing: Consent. We may contact you if you give us your clear, unambiguous, affirmative consent to contact you. Contract. We will contact you under our contractual obligation to deliver goods or services you purchase from us. Legitimate Interest. We may contact you if we feel you have a legitimate interest in hearing from us. For example, if you sign up for a webinar, we may send you marketing emails based on the content of that webinar. You will always have the option to opt out of any of our emails. We use your personal information for the following purposes: To create and fulfill your purchase orders. To contact you for User feedback To notify you of updates and change in policy To send you our newsletter Process Payments We will use the Personal Data you give to us in order to process your payment for the purchase of goods or services under a contract. We only use third party payment processors that take the utmost care in securing data and comply with the GDPR. We do collect your check and cash information for payment purposes only. Targeted Social Media Advertisements We may use the data you provide to us to run social media advertisements and / or create look-alike audiences for advertisements. Share with Third Parties We may share your information with trusted third parties such as our newsletter provider in order to contact you via email, our merchant accounts to process payments, and Google / social media accounts in order to run advertisements and our affiliates. We never sell or rent your personal information. Provider may disclose your personal information if required to do so by law (for example, a subpoena) or regulation, or in good faith to (a) comply with legal processes served on the site, or (b) protect the rights and property of Provider, or (c) where our records indicate fraudulent activity or other deceptive practices that a governmental agency should be made aware of, or (d) where your communication suggests possible harm to others. Provider may transfer information about Users if Provider is acquired by or merged with another company. Provider is not responsible for notifying User of such changes. When you register for e-mail updates, Provider will not share your information with third parties without your permission, other than for the limited exceptions already listed. It will only be used for the purposes stated above. We use personal information to reply to inquiries, handle complaints, provide operational notices, keep records up to date to notify you via periodic e-mails of technical service issues, specials, or other related product/service information. Your information may be shared with agents or contractors of Provider for the purpose of performing service for Provider. Internet Commerce The online registration at Provider is designed to give you options concerning the privacy of your e-mail and any other information you provide us. Provider is committed to data security with respect to information collected on our site. We offer the industry standard security measures available through your browser called SSL encryption. Viewing by Others Note that whenever you voluntarily make your Personal Data available for viewing by others online through this Website or its content, it may be seen, collected and used by others, and therefore, we cannot be responsible for any unauthorized or improper use of the information that you voluntarily share (i.e., sharing a comment on a blog post, posting in a Facebook group that we manage, sharing details on a group coaching call, etc.). Submission, Storage, Sharing and Transferring of Personal Data Personal Data that you provide to us is stored internally or through a data management system. Your Personal Data will only be accessed by those who help to obtain, manage or store that information, or who have a legitimate need to know such Personal Data (i.e., our hosting provider, newsletter provider, payment processors or team members). It is important to note that we may transfer data internationally. For users in the European Union, please be aware that we transfer Personal Data outside of the European Union. By using our Website and providing us with your Personal Data, you consent to these transfers in accordance with this Privacy Policy. Data Retention We retain your Personal Data for the minimum amount of time necessary to provide you with the information and / or services that you requested from us. We may include certain Personal Data for longer periods of time if necessary for legal, contractual and accounting obligations. Confidentiality We aim to keep the Personal Data that you share with us confidential. Please note that we may disclose such information if required to do so by law or in the good-faith belief that: (1) such action is necessary to protect and defend our rights or property or those of our users or licensees, (2) to act as immediately necessary in order to protect the personal safety or rights of our users or the public, or (3) to investigate or respond to any real or perceived violation of this Privacy Policy or of our Disclaimer, Terms and Conditions, or any other terms of use or agreement with us. Passwords To use certain features of the Website or its content, you may need a username and password. You are responsible for maintaining the confidentiality of the username and password, and you are responsible for all activities, whether by you or by others, that occur under your username or password and within your account. We cannot and will not be liable for any loss or damage arising from your failure to protect your username, password or account information. If you share your username or password with others, they may be able to obtain access to your Personal Data at your own risk. You agree to notify us immediately of any unauthorized or improper use of your username or password or any other breach of security. To help protect against unauthorized or improper use, make sure that you log out at the end of each session requiring your username and password. We will use our best efforts to keep your username and password(s) private and will not otherwise share your password(s) without your consent, except as necessary when the law requires it or in the good faith belief that such action is necessary, particularly when disclosure is necessary to identify, contact or bring legal action against someone who may be causing injury to others or interfering with our rights or property. How You Can Access, Update or Delete Your Personal Data You have the right to: Request information about how your Personal Data is being used and request a copy of what Personal Data we use. Restrict processing if you think the Personal Data is not accurate, unlawful, or no longer needed. Rectify or erase Personal Data and receive confirmation of the rectification or erasure. (You have the “right to be forgotten”). Withdraw your consent at any time to the processing of your Personal Data. Lodge a complaint with a supervisory authority if you feel we are using your Personal Data unlawfully. Receive Personal Data portability and transference to another controller without our hinderance. Object to our use of your Personal Data. Not be subject to an automated decision based solely on automatic processing, including profiling, which legally or significantly affects you. Unsubscribe You may unsubscribe from our e-newsletters or updates at any time through the unsubscribe link at the footer of all email communications. If you have questions or are experiencing problems unsubscribing, please contact us at [jenjames@celestialyoga.org]. Security of your Personal Information Provider strictly protects the security of your personal information. We carefully protect your data from loss, misuse, unauthorized access or disclosure, alteration, or destruction. Your personal information is never shared outside the company without your permission, except under conditions explained above. Inside the company, data is stored in password-controlled servers with limited access. You also have a significant role in protecting your information. No one can see or edit your personal information without knowing your username and password, so do not share these with others. We use SSL encryption when collecting or transferring sensitive data such as personal information. We take commercially reasonable steps to protect the Personal Data you provide to us from misuse, disclosure or unauthorized access. We only share your Personal Data with trusted third parties who use the same level of care in processing your Personal Data. That being said, we cannot guarantee that your Personal Data will always be secure due to technology or security breaches. Should there be a data breach of which we are aware, we will inform you immediately. Access to your Personal Information We will provide you with the means to ensure that your personal information is correct and current. You may review and update this information at any time by logging into your account. To protect your privacy and security, we will also take reasonable steps to verify your identity, such as password and username, before granting access to your data. Anti-Spam Policy We have a no spam policy and provide you with the ability to opt-out of our communications by selecting the unsubscribe link at the footer of all e-mails. We have taken the necessary steps to ensure that we are compliant with the CAN-SPAM Act of 2003 by never sending out misleading information. We will not sell, rent or share your email address. Third Party Websites We may link to other websites on our Website. We have no responsibility or liability for the content and activities of any other individual, company or entity whose website or materials may be linked to our Website or its content, and thus we cannot be held liable for the privacy of the information on their website or that you voluntarily share with their website. Please review their privacy policies for guidelines as to how they respectively store, use and protect the privacy of your Personal Data. Individuals Under 18 Years Old The Site is not directed to individuals under the age of eighteen (18), and we request that such individuals not provide personal information through the Site unless those persons have the express permission of their parent or guardian. Children’s Online Privacy Protection Act Compliance We do not collect any information from anyone under 18 years of age in compliance with COPPA (Children’s Online Privacy Protection Act) and the GDPR (General Data Protection Regulation of the EU). Our Website and its content is directed to individuals who are at least 18 years old or older. Notification of Changes We may use your Personal Data, such as your contact information, to inform you of changes to the Website or its content, or, if requested, to send you additional information about us. We reserve the right, at our sole discretion, to change, modify or otherwise alter our Website, its content and this Privacy Policy at any time. Such changes and/or modifications shall become effective immediately upon posting our updated Privacy Policy. Please review this Privacy Policy periodically. Continued use of any of information obtained through or on the Website or its content following the posting of changes and/or modifications constituted acceptance of the revised Privacy Policy. Should there be a material change to our Privacy Policy, we will contact you via email or by a prominent note on our Website. Data Controller and Processors We are the data controllers as we are collecting and using your Personal Data. We use trusted third parties as our data processors for technical and organizational purposes, including for payments and email marketing. We use reasonable efforts to make sure our data processors are GDPR- compliant. Problems or complaints with Provider's Privacy Policy We value your comments and opinions. If you have questions, comments or a complaint about compliance with this privacy policy you may contact us at jenjames@celestialyoga.org Please note that e-mail communications will not be necessarily secure; accordingly, you should not include sensitive information in your e-mail correspondence with us. If you have any questions about this Privacy Policy, please contact us at: whose registered office is: United States Corporation Agents, Inc. 330 Changebridge Road Suite 101 Pine Brook, NJ 07058 Last Updated: May 22, 2018
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