Terms & Conditions
PLEASE READ THESE TERMS AND CONDITIONS OF USE CAREFULLY BEFORE USING THIS SITE.
By using this site, you signify your assent to these Terms and Conditions. If you do not agree to all of these Terms and Conditions of use, do not use this site!
Medicine Yoga ("Medicine Yoga") may revise and update these Terms and Conditions at any time. Your continued usage of the Medicine Yoga website ("Medicine Yoga Site," or the "Site,") will mean you accept those changes.
The Site Does Not Provide Medical Advice
Use of Content
Liability Of Medicine Yoga And Its Licensors
User Submissions — Image, Video, Audio Files
Medicine Yoga Subscription Services
Medicine Yoga Live And Member To Member Areas ("Public Areas")
Advertisements, Searches, And Links To Other Sites
Notice And Takedown Procedures; And Copyright Agent
Medicine Yoga does not provide medical advice, diagnosis or treatment. The contents of the Medicine Yoga Site, such as text, graphics, images, videos nd other material contained on the Medicine Yoga Site ("Content") are for informational purposes only. The Content is not intended to be a substitute for professional medical advice, diagnosis, or treatment. Always seek the advice of your physician or other qualified health provider with any questions you may have regarding a medical condition. Never disregard professional medical advice or delay in seeking it because of something you have read on the Medicine Yoga Site!
Medicine Yoga and Soul Yogi, Inc. do not recommend or endorse any specific tests, physicians, products, procedures, opinions, or other information that may be mentioned on the Site. Reliance on any information provided by Medicine Yoga, Soul Yogi, Inc, their employees, others appearing on the Site, or other visitors to the Site is solely at your own risk.
The Site may contain health- or medical-related materials that are sexually explicit. If you find these materials offensive, you may not want to use our Site. The Site and the Content are provided on an "as is" basis.
Medicine Yoga authorizes you to view or download a single copy of the material on the Medicine Yoga Site solely for your personal, noncommercial use if you include the following copyright notice: "Copyright © 2009, Soul Yogi, Inc. All rights reserved" and other copyright and proprietary rights notices that are contained in the Content. Any special rules for the use of certain software and other items accessible on the Medicine Yoga Site may be included elsewhere within the Site and are incorporated into these Terms and Conditions by reference.
The Content is protected by copyright under both United States and foreign laws. Title to the Content remains with Medicine Yoga or its licensors. Any use of the Content not expressly permitted by these Terms and Conditions is a breach of these Terms and Conditions and may violate copyright, trademark, and other laws. Content and features are subject to change or termination without notice in the editorial discretion of Medicine Yoga. All rights not expressly granted herein are reserved to Medicine Yoga and its licensors.
If you violate any of these Terms and Conditions, your permission to use the Content automatically terminates and you must immediately destroy any copies you have made of any portion of the Content.
The use of the Medicine Yoga Site and the Content is at your own risk.
When using the Medicine Yoga Site, information will be transmitted over a medium that may be beyond the control and jurisdiction of Medicine Yoga and its suppliers. Accordingly, Medicine Yoga assumes no liability for or relating to the delay, failure, interruption, or corruption of any data or other information transmitted in connection with use of the Medicine Yoga Site.
The Medicine Yoga Site and the content are provided on an "as is" basis. MEDICINE YOGA, ITS LICENSORS, AND ITS SUPPLIERS, TO THE FULLEST EXTENT PERMITTED BY LAW, DISCLAIM ALL WARRANTIES, EITHER EXPRESS OR IMPLIED, STATUTORY OR OTHERWISE, INCLUDING BUT NOT LIMITED TO THE IMPLIED WARRANTIES OF MERCHANTABILITY, NON-INFRINGEMENT OF THIRD PARTIES' RIGHTS, AND FITNESS FOR PARTICULAR PURPOSE. Without limiting the foregoing, Medicine Yoga, its licensors, and its suppliers make no representations or warranties about the following:
1. The accuracy, reliability, completeness, currency, or timeliness of the Content, software, text, graphics, links, or communications provided on or through the use of the Medicine Yoga Site or Medicine Yoga.
2. The satisfaction of any government regulations requiring disclosure of information on prescription drug products or the approval or compliance of any software tools with regard to the Content contained on the Medicine Yoga Site.
In no event shall Medicine Yoga, its licensors, its suppliers, or any third parties mentioned on the Medicine Yoga Site be liable for any damages (including, without limitation, incidental and consequential damages, personal injury/wrongful death, lost profits, or damages resulting from lost data or business interruption) resulting from the use of or inability to use the Medicine Yoga Site or the Content, whether based on warranty, contract, tort, or any other legal theory, and whether or not Medicine Yoga, its licensors, its suppliers, or any third parties mentioned on the Medicine Yoga Site are advised of the possibility of such damages. Medicine Yoga, its licensors, its suppliers, or any third parties mentioned on the Medicine Yoga Site shall be liable only to the extent of actual damages incurred by you, not to exceed U.S. $1000. Medicine Yoga, its licensors, its suppliers, or any third parties mentioned on the Medicine Yoga Site are not liable for any personal injury, including death, caused by your use or misuse of the Site, Content, or Public Areas (as defined below). Any claims arising in connection with your use of the Site, any Content, or the Public Areas must be brought within one (1) year of the date of the event giving rise to such action occurred. Remedies under these Terms and Conditions are exclusive and are limited to those expressly provided for in these Terms and Conditions.
You agree that you will not upload or transmit any communications or content of any type to the Public Areas (including blogs, message boards, Ask Our Expert postings, etc.) that infringe or violate any rights of any party. By submitting communications or content to the Public Areas, you agree that such submission is non-confidential for all purposes.
If you make any such submission You agree that you will not send or transmit to Medicine Yoga by email, (including through the email addresses listed on the "Contact Us" link) any communication or content that infringes or violates any rights of any party. If you submit any business information, idea, concept or invention to Medicine Yoga by email, you agree such submission is non-confidential for all purposes.
If you make any submission to a Public Area or if you submit any business information, idea, concept or invention to Medicine Yoga by email, you automatically grant-or warrant that the owner of such content or intellectual property has expressly granted-Medicine Yoga a royalty-free, perpetual, irrevocable, world-wide nonexclusive license to use, reproduce, create derivative works from, modify, publish, edit, translate, distribute, perform, and display the communication or content in any media or medium, or any form, format, or forum now known or hereafter developed. Medicine Yoga may sublicense its rights through multiple tiers of sublicenses. If you wish to keep any business information, ideas, concepts or inventions private or proprietary, do not submit them to the Public Areas or to Medicine Yoga by email. We try to answer every email in a timely manner, but are not always able to do so.
You agree to only post or upload Media (like photos, videos or audio) that you have taken yourself or that you have all rights to transmit and license and which do not violate trademark, copyright, privacy or any other rights of any other person. Photos or videos of celebrities and cartoon or comic images are usually copyrighted by the owner.
To protect your privacy, you agree that you will not submit any media that contains Personally Identifiable Information (like name, phone number, email address or web site URL.) of you or of anyone else. Uploading media like images or video of other people without their permission is strictly prohibited.
By uploading any media on the Medicine Yoga site, you warrant that you have permission from all persons appearing in your media for you to make this contribution and grant rights described herein. Never post a picture or video of or with someone else unless you have their explicit permission.
You agree that you will not upload any material that contains software viruses or any other computer code, files or programs designed to interrupt, destroy or limit the functionality of any computer software or this Web site.
By uploading any media like a photo or video, (a) you grant to Medicine Yoga a perpetual, non-exclusive, worldwide, royalty-free license to use, copy, print, display, reproduce, modify, publish, post, transmit and distribute the media and any material included in the media; and (b) you certify that any person pictured in the submitted media (or, if a minor, his/her parent/legal guardian) authorizes Medicine Yoga to use, copy, print, display, reproduce, modify, publish, post, transmit and distribute the media and any material included in such media; and (c) you agree to indemnify Medicine Yoga and its affiliates, directors, officers and employees and hold them harmless from any and all claims and expenses, including attorneys' fees, arising from the media and/or your failure to comply with these the terms described in this document.
Medicine Yoga reserves the right to review all media prior to submission to the site and to remove any media for any reason, at any time, without prior notice, at our sole discretion
Medicine Yoga has several tools that allow you to record and store information. You are responsible for taking all reasonable steps to ensure that no unauthorized person shall have access to your Medicine Yoga passwords or accounts. It is your sole responsibility to (1) control the dissemination and use of activation codes and passwords; (2) authorize, monitor, and control access to and use of your Medicine Yoga account and password; (3) promptly inform Medicine Yoga of any need to deactivate a password. You grant Medicine Yoga and all other persons or entities involved in the operation of the Site the right to transmit, monitor, retrieve, store, and use your information in connection with the operation of the Site. Medicine Yoga cannot and does not assume any responsibility or liability for any information you submit, or your or third parties' use or misuse of information transmitted or received using Medicine Yoga tools and services.
If you choose to subscribe to one of Medicine Yoga's subscription services, the following additional terms and conditions will apply depending on which service you choose. You should be aware that the Medicine Yoga Subscription Services are not intended or designed to attract children under the age of 18. These services do not collect any Personally Identifiable Information from any person we know to be a child under the age of 18.
INFORMATION YOU SUBMIT: You are using the Subscription Services at your own risk and you, along with your healthcare provider, are personally responsible for verifying its suitability for your needs.
CHARGES AND BILLING: You are responsible for providing a valid credit card number at the time you register for a Subscription Service. You represent and warrant that you are an authorized user of such credit card, and you agree to pay all charges resulting from your Subscription Service account at the prices then in effect, including any unauthorized charges incurred prior to your notifying Medicine Yoga of such charges. You agree that Medicine Yoga may pass your credit card information and related personally identifiable information to its designated service provider(s) for their use in charging you for appropriate services utilized through your Subscription Service. All Subscription Service charges are exclusive of sales or other taxes and you are responsible for payment of any applicable state, local and city taxes. Medicine Yoga reserves the right to modify or terminate membership plans, change prices, or institute new charges for any Subscription Service at any time with at least thirty (30) days' notice.
If you use a Public Area, such as a chat room, message boards, blogs or community Ask Our Expert posting or other member communities, you are solely responsible for your own communications, the consequences of posting those communications, and your reliance on any communications found in the Public Areas. Medicine Yoga and its licensors are not responsible for the consequences of any communications in the Public Areas. In cases where you feel threatened or believe someone else is in danger, you should contact your local law enforcement agency immediately. If you think you may have a medical emergency, call your doctor or 911 immediately.
In consideration of being allowed to use the Public Areas, you agree that the following actions shall constitute a material breach of these Terms and Conditions:
1. Using a Public Area for any purpose in violation of local, state, national, or international laws;
2. Posting material that infringes on the intellectual property rights of others or on the privacy or publicity rights of others;
3. Posting material that is unlawful, obscene, defamatory, threatening, harassing, abusive, slanderous, hateful, or embarrassing to any other person or entity as determined by Medicine Yoga in its sole discretion;
4. Posting advertisements or solicitations of business;
5. After receiving a warning, continuing to disrupt the normal flow of dialogue, or posting comments that are not related to the topic being discussed (unless it is clear the discussion is free-form);
6. Posting chain letters or pyramid schemes;
7. Impersonating another person;
8. Distributing viruses or other harmful computer code;
9. Harvesting or otherwise collecting information about others, including email addresses, without their identification for posting or viewing comments; consent;
10. Allowing any other person or entity to use your identification for posting or viewing comments
11. Posting the same note more than once or "spamming"; or
12. Engaging in any other conduct that restricts or inhibits any other person from using or enjoying the Public Area or the Site, or which, in the judgment of Medicine Yoga, exposes Medicine Yoga or any of its customers or suppliers to any liability or detriment of any type.
Medicine Yoga reserves the right (but is not obligated) to do any or all of the following:
1. Record the dialogue in public chat rooms.
2. Investigate an allegation that a communication(s) do(es) not conform to the terms of this section and determine in its sole discretion to remove or request the removal of the communication(s).
3. Remove communications which are abusive, illegal, or disruptive, or that otherwise fail to conform with these Terms and Conditions.
4. Terminate a user's access to any or all Public Areas and/or the Medicine Yoga Site upon any breach of these Terms and Conditions.
5. Monitor, edit, or disclose any communication in the Public Areas.
6. Edit or delete any communication(s) posted on the Medicine Yoga Site, regardless of whether such communication(s) violate these standards.
Medicine Yoga or its licensors have no liability or responsibility to users of the Medicine Yoga Site or any other person or entity for performance or nonperformance of the aforementioned activities
Medicine Yoga may provide links to third-party web sites. Medicine Yoga also may select certain sites as priority responses to search terms you enter and Medicine Yoga may agree to allow advertisers to respond to certain search terms with advertisements or sponsored content. Medicine Yoga does not recommend and does not endorse the content on any third-party websites. Medicine Yoga is not responsible for the content of linked third-party sites, sites framed within the Medicine Yoga Site, third-party sites provided as search results, or third-party advertisements, and does not make any representations regarding their content or accuracy. Your use of third-party websites is at your own risk and subject to the terms and conditions of use for such sites. Medicine Yoga does not endorse any product, service, or treatment advertised on the Medicine Yoga Site.
You agree to defend, indemnify, and hold Medicine Yoga, its officers, directors, employees, agents, licensors, and suppliers, harmless from and against any claims, actions or demands, liabilities and settlements including without limitation, reasonable legal and accounting fees, resulting from, or alleged to result from, your violation of these Terms and Conditions.
Medicine Yoga is based in the United States of America. Medicine Yoga makes no claims that Medicine Yoga or any Site within the Medicine Yoga Network and the Content are appropriate or may be downloaded outside of the United States. Access to the Content may not be legal by certain persons or in certain countries. If you access the Medicine Yoga Network from outside the United States, you do so at your own risk and are responsible for compliance with the laws of your jurisdiction.
The following provisions survive the expiration or termination of this Agreement for any reason whatsoever: Liability, User Submissions, User Submissions – image, video, audio files, Indemnity, Jurisdiction, and Complete Agreement.
You expressly agree that exclusive jurisdiction for any dispute with Medicine Yoga, or in any way relating to your use of the Medicine Yoga Site, resides in the courts of the State of California and you further agree and expressly consent to the exercise of personal jurisdiction in the courts of the State of California in connection with any such dispute including any claim involving Medicine Yoga, Soul Yogi, Inc. or its affiliates, subsidiaries, employees, contractors, officers, directors, telecommunication providers, and content providers.
These Terms and Conditions are governed by the internal substantive laws of the State of California, without respect to its conflict of laws principles. If any provision of these Terms and Conditions is found to be invalid by any court having competent jurisdiction, the court shall modify the provision to comply with the law and the invalidity of such provision shall not affect the validity of the remaining provisions of these Terms and Conditions, which shall remain in full force and effect. No waiver of any of these Terms and Conditions shall be deemed a further or continuing waiver of such term or condition or any other term or condition.
If you believe any materials accessible on or from the Site infringe your copyright, you may request removal of those materials (or access thereto) from this web site by contacting Medicine Yoga's copyright agent (identified below) and providing the following information:
1. Identification of the copyrighted work that you believe to be infringed. Please describe the work, and where possible include a copy or the location (e.g., URL) of an authorized version of the work.
2. Identification of the material that you believe to be infringing and its location. Please describe the material, and provide us with its URL or any other pertinent information that will allow us to locate the material.
3. Your name, address, telephone number and (if available) e-mail address.
4. A statement that you have a good faith belief that the complained of use of the materials is not authorized by the copyright owner, its agent, or the law.
5. A statement that the information that you have supplied is accurate, and indicating that "under penalty of perjury," you are the copyright owner or are authorized to act on the copyright owner's behalf.
6. A signature or the electronic equivalent from the copyright holder or authorized representative.
Medicine Yoga's agent for copyright issues relating to this web site is as follows:
Medicine Yoga/Yoga Source, Inc.
Attn: Sayar Fausto, LLP
350 Second Street, Suite 5
Los Altos, CA 94022
In an effort to protect the rights of copyright owners, Medicine Yoga maintains a policy for the termination, in appropriate circumstances, of subscribers and account holders of the Site who are repeat infringers.
Thank you for your cooperation. We hope you find the Medicine Yoga Site helpful and convenient to use! Questions or comments regarding this website, including any reports of non-functioning links, should be submitted using our Contact Us Form or via U.S. mail to: Medicine Yoga **INSERT ADDRESS**.
Medicine Yoga Health Manager: Questions or comments regarding the Medicine Yoga Health Manager web site, including any reports of non-functioning links, should be directed by email via our online web form in the Health Manager or by U.S. Mail to Medicine Yoga Customer Service, 520 NW Davis, Suite 300, Portland, OR 97209 Attn: Medicine Yoga Health Manager Member Services. We try to answer every email in a timely manner but due to volume may not always be able to do so.
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Last Updated: August 2007