Terms of Use
The following terms (“Terms of Use”) constitute an agreement between Tori the Yogi LLC ("Tori the Yogi LLC", "Tori the Yogi", "toritheyogi.com", “Company", "Website", "Us", "We”), and you that governs your use, without limitation, of this Website and all of its associated services, content, products/services, training materials, functionality (collectively along with our titles, features, content, software, updates, audio content, video files, downloadable content, add-ons, and/or modified versions, “Content”). This policy applies to the website administered by Company (“Website”), located at https://toritheyogi.com.
Your use of the Website constitutes your acceptance of, and agreement to, the following Terms of Use. Company reserves the right to modify, alter, amend or update its Website, policies, and these Terms of Use. These Terms of Use are subject to change without notice. If you do not agree with or do not accept any part of these Terms of Use, you must not use the Website.
If you breach these Terms, we may take action against you. This may include but is not limited to, terminating your Account/Subscription and/or disabling your access to the Services. You acknowledge that we are not obligated and will not reimburse or refund you for Services or other purchases and/or downloads lost due to involuntary suspension or termination of your Account/Subscription.
Intellectual Property & Copyright
toritheyogi.com grants to you a personal, nonexclusive, nontransferable, non sub-licensable, revocable, limited right and license to download, play, listen to, display, and use the Content solely for your permitted use within the Services (collectively, the “License”). “Content” means the audio and/or video recordings, text, software, scripts, graphics, photos, sounds, music, videos, audiovisual combinations, communications, interactive features, works of authorship of any kind, or other materials that are generated, provided, or otherwise made available through the Services.
Unless otherwise stated, https://toritheyogi.com and/or its licensors own the intellectual property rights published on this Site and materials used on https://toritheyogi.com. Subject to the license below, all these intellectual property rights are reserved.
Unless otherwise noted, the design, content, and all components of the Website are copyrights owned by Company or third parties and are protected by United States and international copyright laws and should not be reused or republished without express written permission. All rights in product names, trade names, logos, service marks, trade dress, slogans, product packaging, and designs of our Content and Services, whether or not appearing in large print or with the trademark symbol, belong exclusively to us or our licensors and are protected from reproduction, imitation, dilution, or confusing or misleading uses under national and international trademark and copyright laws.
The Content may not be copied, reproduced, altered, modified, or distributed in any manner or medium, in whole or in part, without prior written consent from Tori the Yogi All rights not expressly granted under this Agreement are reserved by Tori the Yogi.
License and Use Conditions
Unless otherwise stated, https://toritheyogi.com and/or its licensors own the intellectual property rights published on this Site and materials used on the Website. Subject to the license below, all these intellectual property rights are reserved.
With respect to https://toritheyogi.com, you must not:
- use the Services, Content, or any parts thereof to infringe or violate the rights of any third party, including but not limited to any intellectual property, publicity, or privacy rights;
- use, export, or re-export the Services, Content, or any parts thereof in violation of any applicable law or regulation;
- show any material in public;
- edit or otherwise modify any material;
- redistribute, reproduce, or republish any material (except for content specifically and expressly made available for redistribution);
- republish material in neither print nor digital media or documents (including republication on another website or platform);
- use the Website in a way that causes, or may cause, damage to the Website or impair the availability of access to the Website;
- decompile, reverse engineer, disassemble, or otherwise reduce the Website;
- bypass, remove, deactivate, descramble, or otherwise circumvent any technological measure implemented to protect the Content, or Services;
- you must not use the Website to copy, store, host, transmit, send, use, publish, or distribute any material that consists of, or is linked to, any spyware, computer virus, Trojan horse, worm, keystroke logger, rootkit, and/or other harmful code or malicious software;
- use the Website for any third-party causes, ideas, promotions, Web site endorsement, service promotion, or marketing without Company’s express written permission;
- use the Website to transmit or send any unsolicited commercial communications, including, but not limited to, spam comments;
- conduct any systematic or automated data collection activities, including, but not limited to, data mining, data extraction, or data harvesting on or in relation to the Website without Company’s express written permission;
- sell, rent, sub-license material, or otherwise transfer or assign the material;
- reproduce, duplicate, copy, screenshot or otherwise exploit material for a commercial purpose or make same available on a network for use or download;
- remove, disable, circumvent, or modify any proprietary notice or label or security technology included in the Content;
- delete, obscure, or in any manner alter any attribution, warning, or link that appears in the Services, or Content;
From time to time, the Website will utilize various plugins or widgets to allow sharing of content via social media channels, email, or other methods. Use of these plugins or widgets does not constitute any waiver of Company’s intellectual property rights. Such use is a limited license to republish the content on the approved social media channels only, with full credit to Company.
Code of Conduct & Comment Policy
The Website and our Services may offer opportunities to interact and share your thoughts with us or others via forums, social media pages, the comment section of this Wesbite, or other methods. However, the opinions expressed, or statements made through these methods do not reflect the opinions or views of toritheygoi.com.
The Website may also offer opportunities you may contribute content to the Website, including, but not limited to comments, posts, or submissions. Any content you contribute to the site, including, but not limited to text, images, audio material, comments, video material, and audio-visual material, must not be illegal or unlawful, may not infringe on any third-party’s legal rights, and must not be capable of giving rise to legal action whether against you, Company, or a third party.
The Website may also offer the opportunity for you to engage with the Website’s posts or other User Comments through content contribution, including but not limited to comments, posts, or submissions. We reserve the right to remove or modify any user contributed content for any reason. By sharing User Comments and accepting the terms of this Agreement, you acknowledge that we may make such deletions or changes without notice to you, nor is any such change or removal subject to review, appeal or revocation.
Company’s sole discretion will be used to determine if a comment is in violation of this comment policy. The following types of comments will not be tolerated and will be deleted:
- harassment directed toward any user, content creator or Company;
- spam or promotional marketing;
- hate speech;
- defamatory statements regarding user, Company or any third party;
- references to illegal acts; or,
- comments that may violate the legal rights of a third party.
We may also, when We choose, publicly share or redistribute User contributions on our Site, in our Content, or through other media or social media channels, press releases, or promotional and marketing materials. You hereby grant us a non-exclusive, perpetual and irrevocable right and license us to use your User contributions in connection with our Products and Services.
Similarly, you hereby grant us a non-exclusive, fully paid, royalty-free, worldwide, perpetual, irrevocable, sub-licensable, transferable, and assignable license to use, reproduce, distribute, modify, adapt, prepare derivative works based on, publicly perform, publicly display, make, have made, use, sell, offer to sell, import, and otherwise exploit any and all Feedback you provide for any purposes, for all current and future methods and forms of exploitation. “Feedback” means suggestions, comments, ideas, and all other types of information that you provide, publish, or otherwise communicate directly or indirectly to us that relates to our Content and/or Services.
Refund Policy
This Website has various ebooks, courses, and other products or services available for purchase. All purchases are final sale and there will be no refunds issued on any purchase.
Disclaimer
The Website was developed strictly for informational purposes. You understand and agree that you are fully responsible for your use of the information provided on the Website. Company makes no representations, warranties, or guarantees. You understand that results may vary from person to person. Company assumes no responsibility for errors or omissions that may appear in the Website. This Website disclaims liability for incidental or consequential damages and assumes no responsibility or liability for any loss of damage suffered by any person as a result of the use of information found on the Website.
Disclaimer for Fitness and Nutrition Information
The Website may discuss topics related to nutrition. By using this Website you acknowledge the nutrition information provided on the Website is for informational purposes only. You assume the risk of any potential injury that may result.
The Food and Drug Administration has not evaluated the nutrition information on the Website. Individual results may vary.
The Website may discuss topics related to fitness, specifically yoga. By using this Website, you understand that yoga includes physical movements as well as an opportunity for relaxation, stress re-education and relief of muscular tension. As is the case with any physical activity, the risk of injury, even serious or disabling, is always present and cannot be entirely eliminated. If you experience any pain or discomfort, you will listen to my body, discontinue the activity, and ask for support from a medical professional. You assume full responsibility for any and all damages, which may incur through participation.
We are not responsible for any liability, loss, or damage, caused or alleged to be caused directly or indirectly as a result of the use, application, or interpretation of the nutrition information available on the Website.
Disclaimer for Recipes
toritheyogi.com will publish recipes. All published recipes have been tried by Us with success, but results may vary from person to person. If you are concerned about how you may individually react to the use of any recipe or ingredient, consult your doctor or medical professional. By voluntarily creating and using any recipe provided here, you assume the risk of any potential injury that may result.
All recipe-related nutrition information provided on the Website is for informational purposes only and should not be treated as a USDA food label. We use a plugin to display the recipe and obtain this nutrition information and we are not responsible for any errors that may occur. By use of this website, you acknowledge that the results may vary, especially if you do not use the same ingredients, measurements, cooking techniques, or equipment.
Affiliate Marketing & Links to Third Party Sites
Sometimes the Website may engage in affiliate marketing. This means that if you use an affiliate link to make a purchase, the Website will receive a commission on that purchase at no extra cost to you. All efforts are made to ensure that affiliate links are disclosed in accordance with the Federal Trade Commission (FTC). You can view these disclosures on each post where affiliate links are active.
Tori the Yogi is a participant in the Amazon Services LLC Associates Program, an affiliate advertising program designed to provide a means for sites to earn advertising fees by advertising and link to Amazon.com.
Our Services may also provide links to other websites operated by third parties. We have no control over third-party websites and therefore are not responsible for the availability of those websites. Additionally, we are not responsible for and do not endorse any content, advertising, services, products, or other materials on such websites. We shall not be responsible or liable for any direct or indirect damage or loss caused, or alleged to be caused, by or in connection with the use of such websites or their services. Our Website’s Terms of Use do not apply to your use of third-party websites. Your use of such websites is subject to the terms and policies of the owner of such websites and should be found in the terms and conditions and privacy policies of the third party web sites or services you visit.
Federal Trade Commission (FTC) DISCLOSURE
At times, the Website may post sponsored content from an advertiser. This means that an advertiser, including but not limited to, brands, agencies, or influencer networks, will contract with toritheyogi.com to create content featuring certain messages or product placement. In accordance with the FTC’s requirements, sponsored content on the Website are clearly disclosed. These disclosures can be viewed at the top of each post that includes sponsored content.
It’s important to note that even though compensation, including but not limited to, cash, free product, or services, is received in exchange for this sponsored content placement, the opinions, findings, beliefs, or experiences with such content is completely honest. All views expressed on the Website are original and those of the content creator. Any product claim, statistic, quote, or other representation about a product or service should be verified with the manufacturer, provider, or party in question.
No Warranties, Representations, or Promises
toritheyogi.com is provided on an “as is” and “as available” basis without any expressed or implied representations or warranties. We make no warranties or promised representation for the Website or the information, services, or other materials provided therein.
We make no promises or warranty that the Website will meet your requirements, preferences, be available timely and/or without interruptions, free of viruses or bugs, or be fully functional, accurate, or reliable. The Company is not responsible for your loss of any content, downloadables, or other material transmitted through the Website. The Website is written in English and we make no warranty regarding the accuracy of grammar, spelling, or punctuation, or the translation or interpretation of content in any language.
Limitation of Liability
THIS WEBSITE WILL NOT BE LIABLE FOR ANY CONSEQUENTIAL, INCIDENTAL, INDIRECT, EXEMPLARY, PUNITIVE, OR SPECIAL DAMAGES OF ANY KIND, HOWEVER CAUSED, INCLUDING LOSS OF PROFITS, REVENUE, DATA OR USE, INCURRED BY YOU, WHETHER UNDER THEORY OF CONTRACT, TORT (INCLUDING NEGLIGENCE), WARRANTY, OR OTHERWISE, EVEN IF THE OTHER PARTY HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.
Indemnity Clause
You agree to defend, indemnify and hold Company, its members, employees, officers, directors, managers, and agents harmless from and against any and all losses, claims, suits, actions, liabilities, obligations, costs, and expenses (including reasonable attorneys’ fees and expenses) which Company suffers as a result of third-party claims based on: (i) your negligence or intentional misconduct, (ii) your breach of any provision of the Terms of Use (including representation or warranty); (iii) materials prepared or provided by you including, but not limited to, any claims of infringement, or misappropriation of copyright, trademark, patent, trade secret, or other intellectual property or proprietary right, infringement of the rights of privacy or publicity, or defamation or libel; or (iv) death, personal injury, or property damage arising out of, or relating to, your obligations hereunder.
Judicial & Arbitration
The Terms of Use will be governed and construed in accordance with the laws of the State of Tennessee. Any controversy or claim arising out of or relating to the Terms of Use, or the breach thereof, shall be settled by arbitration administered by the American Arbitration Association (“AAA”) under its Commercial Arbitration Rules, and judgment on the award rendered by the arbitrator(s) may be entered in any court having jurisdiction thereof. The place of any such arbitration shall be in or near Sullivan County, Tennessee. The parties also agree that the AAA Optional Rules for Emergency Measures of Protection shall apply to the proceedings.
Final Provisions & Contact
If you send Company an email, register to use the Website, or provide your email to Company in any other way, you consent to receive communications from Company electronically. You agree that all legal notices provided via electronic means from the Company (toritheyogi.com) satisfy any requirement for written notice.
The Terms of Use are the final, complete, and exclusive agreement of the parties with respect to the Website offered by toritheyogi.com. All notices with respect to the Terms of Use must be in writing and may be via email to hello[at]toritheyogi.com for Company and to your email address.
Feel free to contact us with any questions at hello@toritheyogi.com
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