Terms

TERMS AND CONDITIONS FOR THE USE OF THE D&A FLYING YOGA® WEBSITE

1. THE TRADEMARK D&A FLYING YOGA® AND DEVICE USED IN THE SITE ARE OWNED BY D&A ENTERPRISE, LLC. YOU MAY NOT USE THE TRADEMARKS DISPLAYED ON THIS SITE, OR ANY OTHER CONTENT ON THE SITE, EXCEPT AS PROVIDED IN THESE TERMS AND CONDITIONS. ANY OTHER USE IS STRICTLY PROHIBITED AND D&A FLYING YOGA® WILL TAKE ALL NECESSARY ACTION TO ENFORCE ITS RIGHTS.

2. YOU SHOULD ASSUME THAT EVERYTHING YOU SEE OR READ ON THIS SITE IS COPYRIGHTED AND MAY NOT BE USED EXCEPT AS PROVIDED IN THESE TERMS AND CONDITIONS. YOU MAY DOWNLOAD ONE COPY OF THE CONTENTS OF THE SITE TO ONE COMPUTER FOR YOUR PERSONAL AND NON-COMMERCIAL HOME USE PROVIDED YOU DO NOT CHANGE ANY COPYRIGHT, TRADEMARK, OR OTHER PROPRIETARY NOTICE. IF YOU MODIFY OR USE THE MATERIALS FOR ANY OTHER PURPOSE, YOU WILL BE VIOLATING THE INTELLECTUAL PROPERTY RIGHTS OF D&A FLYING YOGA®, WHICH IT VIGOROUSLY PROTECTS.

3. THE SITE PROVIDES YOU AN OPPORTUNITY TO COMMUNICATE WITH US. PLEASE BE AWARE THAT ANY COMMUNICATION, WHETHER IT BE SUGGESTIONS, IDEAS, GRAPHICS, OR OTHER MATERIAL, TO D&A FLYING YOGA® THROUGH THE SITE OR OTHERWISE WILL BE TREATED AS NON-CONFIDENTIAL AND NON-PROPRIETARY. ANYTHING YOU SUBMIT, TRANSMIT, OR POST BECOMES THE PROPERTY OF D&A FLYING YOGA, LLC., OR ITS AFFILIATES (HEREINAFTER “D&A FLYING YOGA®”) AND D&A FLYING YOGA IS FREE TO USE, WITHOUT BEING LIMITED THERETO, ANY IDEAS, CONCEPTS, SUGGESTIONS, GRAPHICS, PHOTOGRAPHY, OR KNOW-HOW CONTAINED IN ANY COMMUNICATION FOR ANY PURPOSE WHATSOEVER, WHETHER COMMERCIAL OR NON-COMMERCIAL, WITHOUT PAYMENT OF ANY COMPENSATION TO YOU.

4. D&A FLYING YOGA® HAS USED REASONABLE EFFORTS TO INCLUDE ACCURATE AND UP-TO-DATE INFORMATION ON THE SITE; HOWEVER, IT MAKES NO WARRANTIES OR REPRESENTATION AS TO THE ACCURACY OF ITS CONTENTS. D&A FLYING YOGA® DOES NOT ASSUME ANY LIABILITY OR RESPONSIBILITY FOR ANY ERRORS OR OMISSIONS IN THE CONTENTS OF THE SITE.

5. THIS D&A FLYING YOGA® SITE AND ALL CONTENT, INCLUDED OR AVAILABLE THEREIN, ARE PROVIDED “AS IS” AND “AS AVAILABLE” WITH ALL FAULTS. THE CONTENT IS PROVIDED WITHOUT ANY REPRESENTATIONS OR WARRANTIES OF ANY KIND, EITHER EXPRESSED OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, THE IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, NON-INFRINGEMENT, SECURITY AND ACCURACY (ALL OF WHICH ARE DISCLAIMED). D&A FLYING YOGA® DOES NOT REPRESENT OR WARRANT THAT YOUR USE OF THE D&A FLYING YOGA® SITE WILL BE UNINTERRUPTED, ERROR FREE, SECURE, FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS, OR THAT ANY CONTENT IS ACCURATE OR CORRECT. YOUR USE OF THIS D&A FLYING YOGA® SITE IS SOLELY AT YOUR OWN RISK. BECAUSE SOME JURISDICTIONS DO NOT PERMIT THE EXCLUSIONS OF CERTAIN WARRANTIES SOME OF THESE EXCLUSIONS MAY NOT APPLY TO YOU. UNDER NO CIRCUMSTANCE SHALL D&A FLYING YOGA®, ITS PARENT, SUBSIDIARIES, OR AFFILIATES AND EACH OF THE FOREGOING DIRECTORS, OFFICERS, EMPLOYEES, AGENTS, CONTRACTORS, COUNSEL, SUCCESSORS AND ASSIGNS BE LIABLE FOR ANY DAMAGES OR INJURY WHETHER DIRECT, INDIRECT, PUNITIVE, INCIDENTAL, SPECIAL OR CONSEQUENTIAL THAT RESULTS FROM THE USE OF OR INABILITY TO USE THIS D&A FLYING YOGA® SITE OR ANY PORTION THEREOF INCLUDING, WITHOUT BEING LIMITED THERETO, ANY OFFERING THAT MAY BE MADE THEREIN. THIS LIMITATION OF LIABILITY APPLIES WHETHER THE ALLEGED LIABILITY IS BASED ON CONTRACT, TORT, NEGLIGENCE, STRICT LIABILITY, OR ANY OTHER BASIS, EVEN IF D&A FLYING YOGA® HAD BEEN ADVISED OF THE POSSIBILITY OF SUCH LIABILITY. THE TOTAL LIABILITY OF D&A FLYING YOGA® TO YOU FOR ALL LOSSES, DAMAGES AND CAUSES OF ACTION (IN CONTRACT, TORT, INCLUDING WITHOUT LIMITATION, NEGLIGENCE, OR OTHERWISE) WILL NOT BE GREATER THAN THE AMOUNT YOU PAID TO ACCESS THE D&A FLYING YOGA® SITE. YOU MAY BRING NO CLAIM AGAINST D&A FLYING YOGA® MORE THAN ONE (1) YEAR AFTER THE ACTION AROSE. BECAUSE SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OF INCIDENTAL OR CONSEQUENTIAL DAMAGES THE LIABILITY OF D&A FLYING YOGA® IN SUCH JURISDICTION SHALL BE LIMITED TO THE EXTENT PERMIT BY THE LAW THEREUNDER.

6. D&A FLYING YOGA® MAKES NO REPRESENTATION ABOUT ANY OTHER SITE THAT YOU MAY ACCESS THROUGH ITS SITE AND IS NOT RESPONSIBLE FOR THE CONTENTS OF ANY OTHER SITE. UNLESS EXPRESSLY STATED, D&A FLYING YOGA® DOES NOT ENDORSE ANY PRODUCTS OR SERVICES OFFERED BY ANY COMPANY OR PERSON LINKED TO ITS SITE. YOU MAY NOT CREATE A LINK TO THE D&A FLYING YOGA® SITE WITHOUT FIRST OBTAINING ITS WRITTEN PERMISSION.

7. YOU ARE PROHIBITED FROM POSTING OR TRANSMITTING ANY UNLAWFUL, THREATENING, LIBELOUS, DEFAMATORY, OBSCENE, SCANDALOUS, INFLAMMATORY, PORNOGRAPHIC, OR PROFANE MATERIAL OR ANY MATERIAL THAT COULD CONSTITUTE OR ENCOURAGE CONDUCT THAT WOULD BE CONSIDERED A CRIMINAL OFFENSE, GIVE RISE TO CIVIL LIABILITY, OR OTHERWISE VIOLATE ANY LAWS. D&A FLYING YOGA® WILL FULLY COOPERATE WITH ANY LAW ENFORCEMENT AUTHORITIES OR COURT ORDER REQUESTING OR DIRECTING IT TO DISCLOSE THE IDENTITY OF ANYONE POSTING ANY SUCH INFORMATION OR MATERIALS.

8. ANY FAILURE BY D&A FLYING YOGA® TO ENFORCE ANY OF ITS RIGHT UNDER THESE TERMS AND CONDITION OR UNDER APPLICABLE LAW SHALL NOT CONSTITUTE A WAIVER OF SUCH RIGHTS. IF ANY PROVISION OF THE TERMS AND CONDITIONS SHALL BE DEEMED UNLAWFUL BY A COURT OF COMPETENT JURISDICTION, OR FOR ANY REASON UNENFORCEABLE, THEN THAT PROVISION SHALL BE DEEMED SEVERED FROM THESE TERMS AND CONDITIONS AND SHALL NOT AFFECT THE VALIDITY AND ENFORCEABILITY OF ANY REMAINING PROVISIONS HEREUNDER. THESE TERMS AND CONDITIONS CONTAIN THE ENTIRE AGREEMENT BETWEEN YOU AND D&A FLYING YOGA® RELATING TO YOUR USE OF THE D&A FLYING YOGA® WEB SITE.

9. D&A FLYING YOGA® MAY, AT ANY TIME, REVISE THESE TERMS AND CONDITIONS BY UPDATING THIS POSTING. YOU ARE BOUND BY ANY SUCH REVISIONS AND SHOULD THEREFORE PERIODICALLY VISIT THIS PAGE TO REVIEW THE THEN CURRENT TERMS AND CONDITIONS.