Terms and Conditions
Welcome and thank you for visiting our website, www.popretreats.com (the “Website”) and forreviewing our Terms & Conditions of Use (“Terms of Use”). Pop Retreats makes this Website,including all information, documents, catalogs, communications, files, text, graphics, images and sound recordings (collectively, “Materials”) available for your use subject to these Terms of Use.
Acceptance of Terms of Use
PLEASE READ THESE TERMS OF USE CAREFULLY. BY ACCESSING THIS WEBSITE YOU AGREE TO BE BOUND BY THE TERMS BELOW AND BY OUR ONLINE PRIVACY POLICY. THESE TERMS ARE SUBJECT TO CHANGE. ANY CHANGES WILL BE INCORPORATED INTO THE TERMS OF USE POSTED TO THIS WEBSITE FROM TIME TO TIME. IF YOU DO NOT AGREE WITH THESE TERMS, PLEASE DO NOT ACCESS THIS WEBSITE.
Unauthorized use of this Website, including the misuse of any of its Materials, is strictly prohibited.
Copyright Notices
The Materials on this Website are owned or licensed by Pop Yoga International, LLC (“Pop Retreats”). You have been granted a limited license to view and use the Materials subject to these Terms of Use. Unless otherwise specified, the Materials on this Website are for your personal and non-commercial use only. Except as expressly stated, the Materials may not be copied, transmitted, displayed, performed,distributed (for compensation or otherwise), licensed, altered, framed, stored for subsequent use or otherwise used in whole or in part in any manner without Pop Retreat’s prior written consent, except to the extent permitted by the Copyright Act of 1976 (17 U.S.C. § 107), as amended, and then, only with notice of Pop Retreats proprietary rights, provided that you may download information and print out hard copies for your personal use, so long as you do not remove any copyright or other notice in the Materials. Users may not provide copyrighted or other proprietary information to Pop Retreats without permission from the owner of such material or such associated rights. You are responsible for obtaining such permission and for any damages resulting from unauthorized disclosures or from other unauthorized use.
Trademark Notices
Pop Retreats is the brand name for the mission and other activities of Pop Yoga International, LLC and any of its affiliates. Pop Retreats logos, graphics, symbols and other service marks are trademarks of Pop Yoga International, LLC and may not be used without the prior written consent. Other featured words or symbols, used to identify the source of goods and services on this Website, may be the marks of their respective owners. All comments, feedback, suggestions, ideas or other submissions (“Ideas”)disclosed, submitted, or offered to Pop Retreats in connection with one’s use of this Website are the exclusive property of Pop Retreats. You agree that unless otherwise prohibited by law, Pop Retreats may use, sell, exploit and disclose these Ideas in any manner, without restriction and without compensation to the user.
Website Materials
Materials on this Website are for information purposes only. Materials provided by third parties are believed to be reliable, but Pop Retreats does not warrant their accuracy or completeness. The Materials on this Website and the associated terms of use and use are subject to change without notice. The products and services offered through this Website also change frequently, so please check back often.
POP RETREATS AND ITS AFFILIATES, AGENTS OR SUPPLIERS MAY DISCONTINUE OR MAKE CHANGES IN THE MATERIALS, PRODUCTS OR SERVICES DESCRIBED ON THIS WEBSITE AT ANY TIME WITHOUT PRIOR NOTICE AND WITHOUT LIABILITY TO ANY USER. ANY DATED INFORMATION IS PUBLISHED AS OF ITS DATE ONLY, AND POP RETREATS DOES NOT UNDERTAKE ANY OBLIGATION OR RESPONSIBILITY TO UPDATE OR AMEND ANY SUCH MATERIAL. POP RETREATS RESERVES THE RIGHT TO TERMINATE ANY OR ALL WEBSITE OFFERINGS OR TRANSMISSIONS WITHOUT PRIOR NOTICE.
Website Conduct
You agree that (i) you will not engage in any activities related to the Website that are contrary to applicable law or regulation; (ii) you will not engage in any other activity in conflict with the spirit or intent of this Website; and (iii) your use of Pop Retreat’s blogs or other social media are in accordance with those sites’ terms of use including but not limited to those terms concerning the rights of thirdparties.
Privacy and Security
Pop Retreats respects your privacy. Please see our Online Privacy Policy relating to the collection and use of information on this Website. Use of the Internet is not without risk. You are responsible for ensuring that your computer is free from spyware and malicious code, including but not limited to viruses and bugs that may track data you enter through this Website. Pop Retreats reserves the right to monitor all network traffic to this Website to identify and to block unauthorized attempts or intrusions to upload or change information or cause damage to the Website. Anyone using this Website expressly consents to such monitoring for these purposes.
Potential Disruption of Service
Access to the Website may from time to time be unavailable, delayed, limited or slowed due, among other things, to:
• Hardware failure (including your own computer failure), servers, networks, telecommunication lines and connections, and other electronic and mechanical equipment
• Software failure, including but not limited to bugs, errors, viruses, configuration problems,incompatibility of systems, utilities or applications, the operation of firewalls, unreadable codes,or irregularities within particular documents or other content
• Overload of system capacities
• Damage caused by severe weather, earthquakes, wars, insurrection, riots, accidents, fire, water damage, explosion, mechanical breakdown or natural disasters
• Interruption of power supplies or other service utilities
• Governmental or regulatory restrictions or other human intervention
• Other causes beyond our control.
Links to Other Sites
Links to third-party websites are provided solely as resources that may be of interest to you, and Pop Retreats has no control over the content on such websites. If you choose to link to a website not controlled by Pop Retreats, Pop Retreats makes no warranties, either express or implied, concerning the content of such site, including the accuracy, completeness, reliability or suitability of the site, nor does Pop Retreats warrant that such site or content is free from any claims of copyright, trademark or other infringement of third-party rights or that such site or content is free of viruses or other contamination. Pop Retreats does not guarantee the authenticity of documents on the Internet. Links to third-party websites do not imply any endorsement of or responsibility for the opinions, ideas, products,information or services offered at such sites, or any representation regarding the content at such sites.
LIMITATION OF LIABILITY
You expressly agree that the use of this Website is at your own risk. Neither Pop Retreats nor its officers, trustees, directors, or employees, agents, third-party content providers, sponsors, or licensors (collectively, “Providers”), warrant that any websites affiliated with Pop Retreats, including but not limited to this Website, will be uninterrupted, error-free, or free of malware, viruses, spyware, adware,malicious code or other defects. The Materials published on this Website may contain inaccuracies or typographical errors.
BECAUSE OF THE POSSIBILITY OF HUMAN AND MECHANICAL ERROR AS WELL AS OTHER FACTORS, THIS WEBSITE (INCLUDING ALL MATERIALS CONTAINED HEREIN) IS PROVIDED “AS IS” AND “AS AVAILABLE”. PROVIDERS PROVIDING MATERIALS, PRODUCTS AND SERVICES THROUGH THIS WEBSITE ARE NOT PROVIDING ANY WARRANTIES OR REPRESENTATIONS REGARDING THE WEBSITE. PROVIDERS DISCLAIM ALL WARRANTIES AND REPRESENTATIONS OF ANY KIND WITH REGARD TO THE WEBSITE, INCLUDING ANY IMPLIED WARRANTIES OF MERCHANTABILITY, NONINFRINGEMENT OF THIRD-PARTY RIGHTS, FREEDOM FROM VIRUSES OR OTHER HARMFUL CODE, OR FITNESS FOR ANY PARTICULAR PURPOSE. FURTHER, POP RETREATS WILL NOT BE LIABLE FOR ANY DELAY, DIFFICULTY IN USE, INACCURACY OF INFORMATION, COMPUTER VIRUSES, MALICIOUS CODE OR OTHER DEFECT IN THIS WEBSITE, OR FOR THE INCOMPATIBILITY BETWEEN THIS WEBSITE AND THE USER’S BROWSER OR OTHER SITE ACCESSING PROGRAM. NOR WILL POP RETREATS BE LIABLE FOR PROBLEMS EXPERIENCED BY THE USER DUE TO CAUSES BEYOND POP RETREAT’S CONTROL. NO LICENSE TO THE USER IS IMPLIED IN THESE DISCLAIMERS.UNDER NO CIRCUMSTANCES WILL POP RETREATS BE LIABLE FOR ANY LOST PROFITS,LOST OPPORTUNITY OR ANY INDIRECT, CONSEQUENTIAL, INCIDENTAL, SPECIAL,PUNITIVE, OR EXEMPLARY DAMAGES ARISING OUT OF ANY USE OF OR INABILITY TO USE THIS WEBSITE, REGARDLESS OF WHETHER POP RETREATS HAS BEEN APPRISED OF THE LIKELIHOOD OF SUCH DAMAGES OCCURRING AND REGARDLESS OF THE FORM OF ACTION, WHETHER IN CONTRACT, WARRANTY, TORT (INCLUDING NEGLIGENCE),STRICT LIABILITY, OR OTHERWISE.
International Users
This Website can be accessed from locations around the world. Pop Retreats makes no representation that this Website or the Materials herein are appropriate for use outside the United States. Access to this Website from locations where this Website or any of its Materials are illegal is prohibited. If you access this Website outside the United States, you are responsible for complying with all local law.
Enforceability and Governing Law
These Terms of Use shall be subject to any other agreements you have with Pop Retreats. The user’s access to and use of this Website, and the terms of this disclaimer are governed by the laws of the State of Delaware without respect to principles of conflicts of law. The user hereby irrevocably and unconditionally consents to the jurisdiction of the state court and the federal court. In the event any of the terms or provisions of these Terms of Use shall be held to be unenforceable, the remaining terms and provisions shall be replaced by such enforceable term or provision as comes closest to the intention underlying the unenforceable term or provision.
Arbitration
Any dispute relating in any way to your visit to Website shall be submitted to arbitration in the State of Delaware, except that, to the extent you have in any manner violated or threatened to violate Pop Retreat’s intellectual property rights, Pop Retreats may seek injunctive, equitable or other appropriate relief in any state or federal court and you consent to exclusive jurisdiction and venue in the state court in Delaware. To the fullest extent permitted by law, no arbitration under these Terms of Use or Online Privacy Policy shall be joined to an arbitration involving any other party, whether through class arbitration proceedings or otherwise.