Gaiam Yoga Studio Terms of Service
Welcome! These are the Gaiam Yoga Studio Terms of Service
("Terms of Service"). These Terms of Service are Additional Terms as
between you (together with any business, entity or organization you may be
representing, "Member," or "you") and Gaiam
Americas, Inc. ("Gaiam"), the owner of the Gaiam Yoga Studio website
(collectively, the "parties"). They govern your access to and use of
the Gaiam Yoga Studio services, including all resources, tools, products and
services (collectively, the "Services" or "Gaiam Yoga
1. Acknowledgments and Acceptance of Terms of Service
The Services are offered to you conditioned upon your
acceptance without modification of these Terms of Service, the
as well as any other guidelines, rules or operating policies that
gaiamyogastudio.com may establish and post from time to time, all of which
are which are hereby incorporated by reference. By clicking the 'I accept
these terms and conditions' button when purchasing the membership for the
Gaiam Yoga Studio, you accept these Terms of Service. If you do not agree to
these Terms of Service, you may not subscribe to, use or access the
You represent that you have attained the age of majority in
the province, state or country in which you reside, and that you are
capable of forming legally binding contracts under applicable law. Without
limiting the foregoing, the Services are not available to individuals under
the age of 18. If you do not qualify, you are not permitted to subscribe to
or use the Services.
You are required to complete the registration form during the
purchase process in order to use the Services. You agree to provide true,
accurate, complete and up-to-date information about yourself as requested
in the Gaiam Yoga Studio registration form. You are responsible for
maintaining the security of your Gaiam Yoga Studio account (your
"Account"), including your passwords and files.
You acknowledge that, from time to time, it may be necessary
for Gaiam to update or revise certain provisions of these Terms of Service.
Gaiam reserves the right to change the terms, conditions, and notices under
which it offers the Services at any time and without notice, and reserves
the right to (temporarily or permanently) discontinue, revise, modify or
update any or all other aspects of the Services in its sole and absolute
discretion, and Gaiam will not be liable to you or any third party for any
such modification, suspension or discontinuation of the Services. Any such
modifications will be deemed effective immediately upon posting of the
modified terms. You are responsible for regularly reviewing these terms,
conditions, and notices, and any new terms posted. The most current version
of these Terms of Service may be reviewed at any time at www.gaiamyogastudio.com/terms.
If you do not agree to these Terms of Service, or any future
changes made to these Terms of Service by Gaiam, your exclusive remedy is
to cancel your Gaiam Yoga Studio Account. Except as otherwise expressly
provided herein, any new features, tools or products that change, augment,
enhance or upgrade the current Services will be subject to these Terms of
2. Description of Services
The Gaiam Yoga Studio is a place to meet and talk with others
concerning exercise, motivation and weight loss issues. Before joining
the Service and participating in the exercise program described in the
Service, we strongly recommend that you consult with a physician or other
healthcare provider. All community sections of the site, including, but
not limited to Message Boards, Chat Rooms, Profile Pages, Blogs and
Auditoriums, are open to everyone who is a member of The Gaiam Yoga Studio.
Before posting any content in the community sections of the site, please
which you must follow for all content posted in the Gaiam Yoga
3. Fees and Payment
As a new subscriber, you will be billed $19.99 at the end of your free trial period (day 11) and every 4 weeks thereafter. For those of you who are currently enrolled in one of our existing $25 monthly or $65 quarterly plans, you will notice no change in your subscription, and the standard fees of $25 a month or $65 per quarter will continue to apply. All members have the right to cancel at any time, however, any unused portion of your subscription is non-refundable.
Gaiam reserves the right to change or modify the Fees or payment schedule (including, without limitation, increasing prices and charging a fee for upgrades) at any time. Gaiam will strive to provide you with reasonable notice prior to making any fee changes or modifications.
If Gaiam is for any reason unable to effect automatic payment
via your credit card, Gaiam will attempt to notify you via email and your
Account will be disabled until payment is received. You are responsible to
notify Gaiam of any changes to your credit card information and to update
your information if your credit card has expired. Gaiam may discontinue or
otherwise interrupt your access to the Services if you fail to so notify
Gaiam. All fees will be payable in U.S. dollars.
All Fees are exclusive of all excise, sales, use, transfer
and other taxes and duties imposed with respect to the Services by any
federal, state, municipal or other governmental authority, all of which
taxes you are required to pay except for taxes based on Gaiam's net income.
You are responsible for obtaining and providing to Gaiam any certificate of
exemption or similar document required to exempt any transaction from
sales, use or similar tax liability.
You agree to pay your Account balance on time. You are
responsible and liable for any fees, including attorney and collection
fees, that Gaiam may incur in its efforts to collect any remaining balances
due from you. This paragraph will in no way limit any other remedies
available to Gaiam. You are required to notify us of any billing problems
or discrepancies within sixty (60) days after they first appear on your
credit card account statement (send notice to email@example.com). Or call us at 1-877-476-4242. If you do not so notify us, you waive any right to dispute such
problems or discrepancies.
4. Health and Medical Concerns.
Before joining the Service and participating in the exercise program described in the Service, we strongly recommend that you consult with a physician or other healthcare provider. The Gaiam Yoga Studio, gaiamyogastudio.com, and Gaiam, are not licensed medical care providers and have no expertise in advising on, diagnosing, examining, or treating medical conditions of any kind, or in determining the effect of any specific exercise on a medical condition. The Gaiam Yoga Studio is not intended to be a substitute for professional medical advice, diagnosis, or treatment. You should understand that when participating in any exercise or exercise program, there is the possibility of physical injury and/or death.
You should never disregard medical advice or delay seeking it because of a statement you have read on the Service. The Gaiam Yoga Studio, gaiamyogastudio.com, and Gaiam are not engaged in rendering personal medical advice or treatment, and the Service is for educational purposes only. The information provided should not be used in lieu of advice given by qualified medical professionals such as your doctor or registered dietitian. It is important that this information is only used in conjunction with qualified medical guidance. If you know or suspect that you may be pregnant, have an eating disorder, have diabetes, or have any other medical condition, it is imperative that you seek the advice of your doctor prior to following any programs information obtained on the Service.
You must always consult your doctor before beginning an exercise program. Keep this checklist in mind when developing your program in conjunction with your health care provider.
Do you have a heart condition that requires supervised physical
After exercise do you frequently experience chest pains?
Do you get dizzy when you exercise?
Are you breathless after exercising?
Do you take medication for high blood pressure?
Do you have joint problems?
Do you have a medical condition, which might need special attention when exercising, for example diabetes?
Have you been physically active in the past?
If you experience any discomfort or pain during an exercise routine you must immediately cease the activity and seek the assistance of a physician.
5. Prohibited Conduct. You agree not to use the Service to post or otherwise transmit information, data, text, software, music, sound, photographs, graphics, video, messages, tags, or other materials ("Content") that:
- is patently offensive and/or promotes racism, bigotry, hatred or physical harm of any kind against any group or individual;
- harasses or advocates harassment of another person;
- exploits people in a sexual or violent manner;
- contains nudity, violence, or offensive subject matter;
- solicits personal information from anyone under the age of eighteen (18);
- provides any telephone numbers, street addresses, last names or email addresses of anyone other than your own;
- promotes information that you know is false or misleading or promotes illegal activities or conduct that is abusive, threatening, obscene, defamatory or libelous;
- violates any intellectual property or other proprietary right of any third party, including Content that promotes an illegal or unauthorized copy of another person's copyrighted work, such as providing pirated computer programs or links to them, providing information to circumvent manufacture-installed copy-protect devices, or providing pirated music or links to pirated music files;
- involves the transmission of "junk mail," "chain letters," or unsolicited mass mailing, instant messaging, "spimming," or "spamming";
- contains restricted or password only access pages or hidden pages or images (those not linked to or from another accessible page);
- furthers or promotes any criminal activity or enterprise or provides instructional information about illegal activities including, but not limited to making or buying illegal weapons, violating someone's privacy, or providing or creating computer viruses;
- solicits passwords or personal identifying information for commercial or unlawful purposes from other Members;
- involves commercial activities and/or sales without our prior written consent, such as contests, sweepstakes, barter, advertising, or pyramid schemes;
- includes a photograph of another person that you have posted without that person's consent or, in the case of children under the age of eighteen (18), parental consent, or otherwise constitutes an invasion of an individual's privacy or infringement of publicity rights; or
- contains a virus or other harmful component.
6. Responsibility for Content. You, and not Gaiam, are entirely responsible for all Content that you upload, post, email, transmit or otherwise make available via the Service. Gaiam does not control the Content posted via the Service and, as such, we do not guarantee the accuracy, integrity or quality of such Content. You understand that by using the Service, you may be exposed to Content that you deem offensive, indecent or objectionable. Under no circumstances will Gaiam be liable in any way for any Content, including, but not limited to, any errors or omissions in any Content, or any loss or damage of any kind incurred as a result of the use of any Content posted, emailed, transmitted or otherwise made available via the Service.
7. Rejection/Removal of Content. You acknowledge that Gaiam may or may not pre-screen Content posted on our Websites, but that Gaiam shall have the right (but not the obligation) in its sole discretion to pre-screen, edit, refuse, or remove any Content or portion thereof that is available via the Service, in its sole discretion, for any reason. Without limiting the foregoing, Gaiam shall have the right to remove from our Websites any Content that violates this Agreement or is otherwise objectionable in the sole discretion of Gaiam, or to restrict, suspend, or terminate your access to all or any part of the Service at any time, for any or no reason, with or without prior notice, and without liability. If you become aware of misuse of the Service by any person, please contact Gaiam (email:firstname.lastname@example.org). Or call us at 1-877-476-4242.
8. Ownership of Content. Gaiam does not claim ownership rights in any Content you post on the Websites. Subject to the non-exclusive license contained in the following paragraph, as between Gaiam and you, you will retain all intellectual property rights that you may have in any Content that you post on the Websites.
9. License to Your Content. In order to be able to offer you the
use of our Websites and the Service, you are required to grant a license to
Gaiam to use and distribute your Content. This enables us to permit other
visitors to the site to view and share your Content, and to display your
Content in other places within the Websites. Accordingly, by posting,
displaying, publishing, transmitting, or otherwise making available
(individually and collectively, "posting") any Content on or through
our Websites or the Service, you hereby grant to Gaiam a non-exclusive
(meaning you can license the Content to other parties as well), fully-paid,
royalty-free, perpetual, irrevocable, worldwide license (including the
right to sublicense) to use, copy, modify, adapt, translate, create
derivative works, publicly perform, publicly display, store, reproduce,
transmit, distribute, and otherwise make available such Content on and
through our Websites, in print, or in any other format or media now known
or hereafter invented, without any obligation of notification,
compensation, attribution or consent. Notwithstanding the foregoing, we
will not use your Content to create commercial products such as books. For
purposes of this Section, "commercial products" does not include use on our
Websites in any manner or any promotional materials we may create, whether
online or otherwise. If you wish to remove any Content from the Service,
your ability to do so may depend on the type of Content, the location and
manner of posting, and other factors. You may contact us at
customerservice@GaiamYogaClub .com to request the removal of certain
Content you have posted, but Gaiam has no obligation to remove any such
Content, may choose whether or not to do so in its sole discretion, and
makes no guarantee as to the complete deletion of any such Content and
copies thereof. In any case, a back-up or residual copy of any Content
posted by you may remain on Gaiam's servers after the Content appears to
have been removed from our Websites, and Gaiam retains all rights granted
in this paragraph to all such remaining copies. You represent and warrant
that: (i) you own all right, title and interest in all Content posted by
you on or through our Websites or the Service, or otherwise have the right
to grant the license set forth in this section, and (ii) the posting of
your Content on or through our Websites or Service does not violate the
privacy rights, publicity rights, copyrights, trademarks, patents, trade
secrets, contract rights, confidentiality, or any other rights of any third
You may cancel your Account and terminate these Terms of Service at any time, with or without cause, by notifying us by email at email@example.com
or calling us at 1-877-476-4242. Please allow us sufficient time to process termination requests. You understand and agree that the cancellation of your Account is your sole right and remedy with respect to any dispute with Gaiam.
Gaiam may terminate these Terms of Service, disable or
suspend your Account or your access to the Services, and/or put your
Account on inactive status at any time, in its sole and absolute
discretion, with or without cause, and with or without prior notice. Gaiam
will have no liability to you or any third party because of such
termination or action for any reason.
Gaiam has no obligation to save any content you post or enter
into the Service in the event we terminate your Account as provided in
these Terms of Service, and we reserve the right to delete any of your
personal information or other content within 30 days after the date of