Terms of Use Agreement
Read This Terms of Use Agreement Before Accessing Website.
Effective Date: This Terms of Use Agreement was last updated on April 1, 2008.
By clicking the Agree and Submit button you are agreeing that: (i) you have read, understand and are legally bound by the
terms and conditions of this Agreement; and (ii) that you consent to the electronic delivery of the disclosures contained
in this Agreement and the electronic delivery of future disclosures and communications. You are bound by this Agreement if
you participate in the Program.
This Terms of Use Agreement sets forth the standards of use of the Yoga United, LLC Online Service for Registered Users including students, Affiliates, Studios, organizations or businesses with a User account.
By using the Yoga United, LLC OmPass website you (the User) agree to these terms and conditions. If you do not agree to
the terms and conditions of this agreement, you should immediately cease all usage of this website. OmPass® is Federally Register Trademark. We reserve the right,
at any time, to modify, alter, or update the terms and conditions of this agreement without prior notice. Modifications
shall become effective immediately upon being posted Yoga United, LLC / OmPass website. Your continued use of the Service
after amendments are posted constitutes an acknowledgment and acceptance of the Agreement and its modifications. Except
as provided in this paragraph, this Agreement may not be amended.
1. Description of Service/Rules
Yoga United, LLC is providing the OmPass studio network referral program for Users. Users may access the online studio referral network and shopping so long as this Service is available. Yoga United, LLC encourages studios to offer class discounts to students traveling 50 miles or more with their OmPass “Travel Pass” and at least 1 free trial class: “OmCoupon” to locals residing within 50 miles of affiliated studios. Yoga United, LLC is not responsible for determining, guaranteeing discounts for the User. As an affiliate, studios have agreed to honor member rewards to OmPass members which are listed online, may vary and studio is responsible for determining. OmPass members may report studios who do not honor these rewards. The automatic minimum default information at all times for any affiliated studio is set at: Minimum of $2 discount on regular drop-in classes for OmPass members residing over 50 miles with a Travel Pass and 1 OmCoupon-free class coupon- for locals residents residing within 50 miles. No OmCoupon reprints will be tolerated. Studios may regulate overuse, revoke if misused or false residence stated. Valid ID may be requested at time of use. Studios are responsible for verifying a Users Travel Pass and Coupon information, expiration dates, and for tracking. The OmPass Travel Pass may be used for multiple visits but is not intended for travel over 3 months.
2. Disclaimer of Warranties.
The site is provided by Yoga United, LLC on an as is and on an as available basis. To the fullest extent permitted by
applicable law, Yoga United, LLC makes no representations or warranties of any kind, express or implied, regarding the use
or the results of this web site in terms of its correctness, accuracy, reliability, or otherwise. Yoga United, LLC shall
have no liability for any interruptions in the use of this Website. Yoga United, LLC disclaims all warranties with regard
to the information provided, including the implied warranties of merchantability and fitness for a particular purpose, and
non-infringement. Some jurisdictions do not allow the exclusion of implied warranties, therefore the above-referenced exclusion
is inapplicable.
3. Limitation of Liability
Yoga United, LLC SHALL NOT BE LIABLE FOR ANY DAMAGES WHATSOEVER, AND IN PARTICULAR YOGA UNITED, LLC SHALL NOT BE LIABLE FOR
ANY SPECIAL, INDIRECT, CONSEQUENTIAL, OR INCIDENTAL DAMAGES, OR DAMAGES FOR LOST PROFITS, LOSS OF REVENUE, OR LOSS OF USE,
ARISING OUT OF OR RELATED TO THIS WEB SITE OR THE INFORMATION CONTAINED IN IT, WHETHER SUCH DAMAGES ARISE IN CONTRACT, NEGLIGENCE,
TORT, UNDER STATUTE, IN EQUITY, AT LAW, OR OTHERWISE, EVEN IF YOGA UNITED, LLC HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.
SOME JURISDICTIONS DO NOT ALLOW FOR THE LIMITATION OR EXCLUSION OF LIABILITY FOR INCIDENTAL OR CONSEQUENTIAL DAMAGES, THEREFORE
SOME OF THE ABOVE LIMITATIONS IS INAPPLICABLE.
4. Indemnification
User agrees to indemnify and hold Yoga United, LLC, its parents, subsidiaries, affiliates, officers and employees, harmless from
any claim or demand, liabilities, damages, costs, and expenses associated with or resulting from any actions, threatened or
asserted, against Yoga United, LLC in connection with Users participation in the OmPass program and/or its association
therewith or with the website, including reasonable attorneys fees and costs, made by any third party due to or arising out
of Users use of the Service, the violation of this Agreement, or infringement by User, or other user of the Service using
Users computer, of any intellectual property or any other right of any person or entity.
5. Users Account
All Users of the Service shall receive a password and an account. Users are entirely responsible for any and all activities
which occur under their account whether authorized or not authorized. User agrees to notify Yoga United, LLC of any unauthorized
use of Users account or any other breach of security known or should be known to the User. Users right to use the Service is
personal to the User. User agrees not to resell or make any commercial use of the Service without the express written consent
of Yoga United, LLC.
6. Modifications and Interruption to Service
Yoga United, LLC reserves the right to modify or discontinue the Service with or without notice to the User. Yoga United, LLC
shall not be liable to User or any third party should Yoga United, LLC exercise its right to modify or discontinue the Service.
User acknowledges and accepts that Yoga United, LLC does not guarantee continuous, uninterrupted or secure access to our website
and operation of our website may be interfered with or adversely affected by numerous factors or circumstances outside of our
control.
7. Third-Party Sites
Our website may include links to other sites on the Internet that are owned and operated by online merchants and other third
parties. You acknowledge that we are not responsible for the availability of, or the content located on or through, any
third-party site. You should contact the site administrator or webmaster for those third-party sites if you have any concerns
regarding such links or the content located on such sites. Your use of those third-party sites is subject to the terms of use
and privacy policies of each site, and we are not responsible therein. We encourage all Users to review said privacy policies
of third-parties sites.
8. Disclaimer Regarding Accuracy of Vendor Information
Product specifications and other information have either been provided by the Vendors or collected from publicly available
sources. While Yoga United, LLC makes every effort to ensure that the information on this website is accurate, we can make
no representations or warranties as to the accuracy or reliability of any information provided on this website.
Yoga United, LLC makes no warranties or representations whatsoever with regard to any product provided or offered by any
Vendor, and you acknowledge that any reliance on representations and warranties provided by any Vendor shall be at your own risk.
9. Governing Jurisdiction of the Courts Colorado
Our website is operated and provided in the State of Colorado. As such, we are subject to the laws of the State Colorado,
and such laws will govern this Terms of Use, without giving effect to any choice of law rules. We make no representation
that our website or other services are appropriate, legal or available for use in other locations. Accordingly, if you
choose to access our site you agree to do so subject to the internal laws of the State Colorado
10. Compliance with Laws.
User assumes all knowledge of applicable law and is responsible for compliance with any such laws. User may not use the
Service in any way that violates applicable state, federal, or international laws, regulations or other government
requirements. User further agrees not to transmit any material that encourages conduct that could constitute a criminal
offense, give rise to civil liability or otherwise violate any applicable local, state, national, or international law
or regulation.
11. Copyright and Trademark Information
All content included or available on this site, including site design, text, graphics, interfaces, and the selection and
arrangements thereof is 2005 Yoga United, LLC.com, will all rights reserved, or is the property of Yoga United, LLC and/or
third parties protected by intellectual property rights. Any use of materials on the website, including reproduction
for purposes other than those noted above, modification, distribution, or replication, any form of data extraction or
data mining, or other commercial exploitation of any kind, without prior written permission of an authorized officer
of Yoga United, LLC is strictly prohibited. Users agree that they will not use any robot, spider, or other automatic
device, or manual process to monitor or copy our web pages or the content contained therein without prior written permission
of an authorized officer of Yoga United, LLC.
Yoga United, LLC and OmPass and OmPass.com are proprietary marks of Yoga United, LLC.com. Yoga United, LLCs trademarks
may not be used in connection with any product or service that is not provided by Yoga United, LLC, in any manner that is
likely to cause confusion among customers, or in any manner that disparages or discredits Yoga United, LLC.
All other trademarks displayed on Yoga United, LLCs website are the trademarks of their respective owners, and constitute
neither an endorsement nor a recommendation of those Vendors. In addition, such use of trademarks or links to the web sites
of Vendors is not intended to imply, directly or indirectly, that those Vendors endorse or have any affiliation with Yoga
United, LLC.
12. Notification of Claimed Copyright Infringement
Pursuant to Section 512(c) of the Copyright Revision Act, as enacted through the Digital Millennium Copyright Act, OmPass
designates the following individual as its agent for receipt of notifications of claimed copyright infringement.
By Mail: Yoga United, LLC PO Box 276 Denver, CO 80201
By Telephone: 303-875-4323
By Email: info@Om-Pass.com
13. Refunds/Credits and Cancellations
User acknowledges and accepts that Yoga United, LLC does not guarantee 100% refund, or credit to a User. Yoga United,
LLC will attempt to refund purchases made for the OmPass if received with written notice within 30 days of purchase.
Yoga United, LLC makes every attempt to help process all requests for a refund. User agrees to include explanation of
reason for refund by email or mail. Yoga United, LLC makes refund payments by check in the mail after refund is processed.
Cancellation of Users account must be made with written 30 day written notice.
By Mail: Yoga United, LLC PO BOX 276 Denver, CO 80201
By Telephone: 303-875-4323
By Email: info@Om-Pass.com
14. Other Terms
If any provision of this Terms of Use Agreement shall be unlawful, void or unenforceable for any reason, the other provisions
(and any partially-enforceable provision) shall not be affected thereby and shall remain valid and enforceable to the
maximum possible extent. You agree that this Terms of Use Agreement and any other agreements referenced herein may be
assigned by Yoga United, LLC, in our sole discretion, to a third party in the event of a merger or acquisition. This
Terms of Use Agreement shall apply in addition to, and shall not be superseded by, any other written agreement between
us in relation to your participation as a User. User agrees that by accepting this Terms of Use Agreement, User is
consenting to the use and disclosure of their personally identifiable information and other practices described in our
Privacy Policy Statement[if applicable].
