Terms of Use

Effective Date: April 7th, 2021 

Site Covered: www.omtastic-yoga.com 

THE AGREEMENT: The use of this website and services on this website provided by  Janice Pratt (hereinafter referred to as “Company”) are subject to the following Terms &  Conditions (hereinafter the “Agreement”), all parts and sub-parts of which are  specifically incorporated by reference here. This Agreement shall govern the use of all  pages on this website (hereinafter collectively referred to as “Website”) and any services  provided by or on this Website (“Services”). 

1) DEFINITIONS 

The parties referred to in this Agreement shall be defined as follows: 

  1. a) Company, Us, We: The Company, as the creator, operator, and publisher of the  Website, makes the Website, and certain Services on it, available to users. Janice  Pratt, Company, Us, We, Our, Ours and other first-person pronouns will refer to the  Company, as well as all employees and affiliates of the Company. 
  2. b) You, the User, the Client: You, as the user of the Website, will be referred to  throughout this Agreement with second-person pronouns such as You, Your, Yours,  or as User or Client. 
  3. c) Parties: Collectively, the parties to this Agreement (the Company and You) will be  referred to as Parties. 

2) ASSENT & ACCEPTANCE 

By using the Website, You warrant that You have read and reviewed this Agreement  and that You agree to be bound by it. If You do not agree to be bound by this  Agreement, please leave the Website immediately. The Company only agrees to provide  use of this Website and Services to You if You assent to this Agreement. 

3) AGE RESTRICTION

You must be at least 18 (eighteen) years of age to use this Website or any Services  contained herein. By using this Website, You represent and warrant that You are at least  18 years of age and may legally agree to this Agreement. The Company assumes no  responsibility or liability for any misrepresentation of Your age. 

4) LICENSE TO USE WEBSITE 

The Company may provide You with certain information as a result of Your use of the  Website or Services. Such information may include, but is not limited to, documentation,  data, or information developed by the Company, and other materials which may assist in  Your use of the Website or Services (“Company Materials”). Subject to this Agreement,  the Company grants You a non-exclusive, limited, non-transferable and revocable  license to use the Company Materials solely in connection with Your use of the Website  and Services. The Company Materials may not be used for any other purpose, and this  license terminates upon Your cessation of use of the Website or Services or at the  termination of this Agreement. 

5) INTELLECTUAL PROPERTY 

You agree that the Website and all Services provided by the Company are the property  of the Company, including all copyrights, trademarks, trade secrets, patents, and other  intellectual property (“Company IP”). You agree that the Company owns all right, title  and interest in and to the Company IP and that You will not use the Company IP for any  unlawful or infringing purpose. You agree not to reproduce or distribute the Company IP  in any way, including electronically or via registration of any new trademarks, trade  names, service marks or Uniform Resource Locators (URLs), without express written  permission from the Company. 

  1. a) In order to make the Website and Services available to You, You hereby grant  the Company a royalty-free, non-exclusive, worldwide license to copy, display, use,  broadcast, transmit and make derivative works of any content You publish, upload,  or otherwise make available to the Website (“Your Content”). The Company claims  no further proprietary rights in Your Content. 
  2. b) If You feel that any of Your intellectual property rights have been infringed or  otherwise violated by the posting of information or media by another of Our users,  please contact Us and let Us know. 

6) USER OBLIGATIONS 

As a user of the Website or Services, You may be asked to register with Us. When You  do so, You will choose a user identifier, which may be Your email address or another term, as well as a password. You may also provide personal information, including, but  not limited to, Your name. You are responsible for ensuring the accuracy of this  information. This identifying information will enable You to use the Website and  Services. You must not share such identifying information with any third party, and if You  discover that Your identifying information has been compromised, You agree to notify Us  immediately in writing. Email notification will suffice. You are responsible for maintaining  the safety and security of Your identifying information as well as keeping Us apprised of  any changes to Your identifying information. Providing false or inaccurate information, or  using the Website or Services to further fraud or unlawful activity is grounds for  immediate termination of this Agreement. 

7) ACCEPTABLE USE 

You agree not to use the Website or Services for any unlawful purpose or any purpose  prohibited under this clause. You agree not to use the Website or Services in any way  that could damage the Website, Services, or general business of the Company. 

  1. a) You further agree not to use the Website or Services: 
  2. I) To harass, abuse, or threaten others or otherwise violate any person’s legal  rights; 
  3. II) To violate any intellectual property rights of the Company or any third party; 

III) To upload or otherwise disseminate any computer viruses or other software  that may damage the property of another; 

  1. IV) To perpetrate any fraud; 
  2. V) To engage in or create any unlawful gambling, sweepstakes, or pyramid  scheme; 
  3. VI) To publish or distribute any obscene or defamatory material; 

VII) To publish or distribute any material that incites violence, hate, or  discrimination towards any group; 

VIII) To unlawfully gather information about others. 

8) PRIVACY INFORMATION 

Through Your Use of the Website and Services, You may provide Us with certain  information. By using the Website or the Services, You authorize the Company to use  Your information in the United States and any other country where We may operate.

  1. a) Information We May Collect or Receive: When You register for an account, You  provide Us with a valid email address and may provide Us with additional  information, such as Your name or billing information. Depending on how You use  Our Website or Services, We may also receive information from external  applications that You use to access Our Website, or We may receive information  through various web technologies, such as cookies, log files, clear gifs, web  beacons or others. 
  2. b) How We Use Information: We use the information gathered from You to ensure  Your continued good experience on Our website, including through email  communication. We may also track certain aspects of the passive information  received to improve Our marketing and analytics, and for this, We may work with  third-party providers. 
  3. c) How You Can Protect Your Information: If You would like to disable Our access to  any passive information We receive from the use of various technologies, You may  choose to disable cookies in Your web browser. Please be aware that the Company  will still receive information about You that You have provided, such as Your email  address. If You choose to terminate Your account, the Company will store  information about You for the following number of days: 365. After that time, it will  be deleted. 

9) SALES 

The Company may sell goods or services or allow third parties to sell goods or services  on the Website. The Company undertakes to be as accurate as possible with all  information regarding the goods and services, including product descriptions and  images. However, the Company does not guarantee the accuracy or reliability of any  product information, and You acknowledge and agree that You purchase such products  at Your own risk. 

10) SHIPPING/DELIVERY/RETURN POLICY 

You agree to ensure payment for any items You may purchase from Us, and You  acknowledge and affirm that prices are subject to change. When purchasing a physical  good, You agree to provide Us with a valid email and shipping address, as well as valid  billing information. We reserve the right to reject or cancel an order for any reason,  including errors or omissions in the information that You provide to us. If We do so after  payment has been processed, We will issue a refund to You in the amount of the  purchase price. We also may request additional information from You prior to confirming  a sale, and We reserve the right to place any additional restrictions on the sale of any of  Our products. You agree to ensure payment for any items You may purchase from Us,  and You acknowledge and affirm that prices are subject to change. For the sale of  physical products, We may preauthorize Your credit or debit card at the time You place  the order, or We may simply charge Your card upon shipment. You agree to monitor 

Your method of payment. Shipment costs and dates are subject to change from the  costs and dates that You are quoted due to unforeseen circumstances. For any  questions, concerns, or disputes, You agree to contact Us in a timely manner at the  following: [email protected] 

If You are unhappy with anything You have purchased on Our Website, You may do the  following: 

All sales are final. 

11) REVERSE ENGINEERING & SECURITY 

You agree not to undertake any of the following actions: 

  1. a) Reverse engineer, or attempt to reverse engineer or disassemble any code or  software from or on the Website or Services; 
  2. b) Violate the security of the Website or Services through any unauthorized access,  circumvention of encryption or other security tools, data mining or interference to  any host, user or network. 

12) DATA LOSS 

The Company does not accept responsibility for the security of Your account or content.  You agree that Your use of the Website or Services is at Your own risk. 

13) INDEMNIFICATION 

You agree to defend and indemnify the Company and any of its affiliates (if applicable)  and hold Us harmless against any and all legal claims and demands, including  reasonable attorney’s fees, which may arise from or relate to Your use or misuse of the  Website or Services, Your breach of this Agreement, or Your conduct or actions. You  agree that the Company shall be able to select its own legal counsel and may participate  in its own defense, if the Company wishes. 

14) SPAM POLICY

You are strictly prohibited from using the Website or any of the Company’s Services for  illegal spam activities, including gathering email addresses and personal information  from others or sending any mass commercial emails. 

15) THIRD-PARTY LINKS & CONTENT 

The Company may occasionally post links to third party websites or other services. You  agree that the Company is not responsible or liable for any loss or damage caused as a  result of Your use of any third party services linked to from Our Website. 

16) MODIFICATION & VARIATION 

The Company may, from time to time and at any time without notice to You, modify this  Agreement. You agree that the Company has the right to modify this Agreement or  revise anything contained herein. You further agree that all modifications to this  Agreement are in full force and effect immediately upon posting on the Website and that  modifications or variations will replace any prior version of this Agreement, unless prior  versions are specifically referred to or incorporated into the latest modification or  variation of this Agreement. 

  1. a) To the extent any part or sub-part of this Agreement is held ineffective or invalid  by any court of law, You agree that the prior, effective version of this Agreement  shall be considered enforceable and valid to the fullest extent. 
  2. b) You agree to routinely monitor this Agreement and refer to the Effective Date  posted at the top of this Agreement to note modifications or variations. You further  agree to clear Your cache when doing so to avoid accessing a prior version of this  Agreement. You agree that Your continued use of the Website after any  modifications to this Agreement is a manifestation of Your continued assent to this  Agreement. 
  3. c) In the event that You fail to monitor any modifications to or variations of this  Agreement, You agree that such failure shall be considered an affirmative waiver of  Your right to review the modified Agreement. 

17) ENTIRE AGREEMENT 

This Agreement constitutes the entire understanding between the Parties with respect to  any and all use of this Website. This Agreement supersedes and replaces all prior or  contemporaneous agreements or understandings, written or oral, regarding the use of  this Website.

18) SERVICE INTERRUPTIONS 

The Company may need to interrupt Your access to the Website to perform  maintenance or emergency services on a scheduled or unscheduled basis. You agree  that Your access to the Website may be affected by unanticipated or unscheduled  downtime, for any reason, but that the Company shall have no liability for any damage or  loss caused as a result of such downtime. 

19) TERM, TERMINATION & SUSPENSION 

The Company may terminate this Agreement with You at any time for any reason, with  or without cause. The Company specifically reserves the right to terminate this  Agreement if You violate any of the terms outlined herein, including, but not limited to,  violating the intellectual property rights of the Company or a third party, failing to comply  with applicable laws or other legal obligations, and/or publishing or distributing illegal  material. If You have registered for an account with Us, You may also terminate this  Agreement at any time by contacting Us and requesting termination. At the termination  of this Agreement, any provisions that would be expected to survive termination by their  nature shall remain in full force and effect. 

20) NO WARRANTIES 

You agree that Your use of the Website and Services is at Your sole and exclusive risk  and that any Services provided by Us are on an “As Is” basis. The Company hereby  expressly disclaims any and all express or implied warranties of any kind, including, but  not limited to the implied warranty of fitness for a particular purpose and the implied  warranty of merchantability. The Company makes no warranties that the Website or  Services will meet Your needs or that the Website or Services will be uninterrupted,  error-free, or secure. The Company also makes no warranties as to the reliability or  accuracy of any information on the Website or obtained through the Services. You agree  that any damage that may occur to You, through Your computer system, or as a result of  loss of Your data from Your use of the Website or Services is Your sole responsibility  and that the Company is not liable for any such damage or loss. 

21) LIMITATION ON LIABILITY 

The Company is not liable for any damages that may occur to You as a result of Your  use of the Website or Services, to the fullest extent permitted by law. The maximum  liability of the Company arising from or relating to this Agreement is limited to the greater  of one hundred ($100) US Dollars or the amount You paid to the Company in the last six 

(6) months. This section applies to any and all claims by You, including, but not limited  to, lost profits or revenues, consequential or punitive damages, negligence, strict liability,  fraud, or torts of any kind. 

22) GENERAL PROVISIONS: 

  1. a) LANGUAGE: All communications made or notices given pursuant to this  Agreement shall be in the English language. 
  2. b) JURISDICTION, VENUE & CHOICE OF LAW: Through Your use of the Website  or Services, You agree that the laws of the State of Colorado shall govern any  matter or dispute relating to or arising out of this Agreement, as well as any dispute  of any kind that may arise between You and the Company, with the exception of its  conflict of law provisions. In case any litigation specifically permitted under this  Agreement is initiated, the Parties agree to submit to the personal jurisdiction of the  state and federal courts of the following county: United States, Colorado. The  Parties agree that this choice of law, venue, and jurisdiction provision is not  permissive, but rather mandatory in nature. You hereby waive the right to any  objection of venue, including assertion of the doctrine of forum non conveniens or  similar doctrine. 
  3. c) ARBITRATION: In case of a dispute between the Parties relating to or arising out  of this Agreement, the Parties shall first attempt to resolve the dispute personally  and in good faith. If these personal resolution attempts fail, the Parties shall then  submit the dispute to binding arbitration. The arbitration shall be conducted in the  following county: United States. The arbitration shall be conducted by a single  arbitrator, and such arbitrator shall have no authority to add Parties, vary the  provisions of this Agreement, award punitive damages, or certify a class. The  arbitrator shall be bound by applicable and governing Federal law as well as the law  of the following state: Colorado. Each Party shall pay their own costs and fees.  Claims necessitating arbitration under this section include, but are not limited to:  contract claims, tort claims, claims based on Federal and state law, and claims  based on local laws, ordinances, statutes or regulations. Intellectual property claims  by the Company will not be subject to arbitration and may, as an exception to this  sub-part, be litigated. The Parties, in agreement with this sub-part of this  Agreement, waive any rights they may have to a jury trial in regard to arbitral claims. 
  4. d) ASSIGNMENT: This Agreement, or the rights granted hereunder, may not be  assigned, sold, leased or otherwise transferred in whole or part by You. Should this  Agreement, or the rights granted hereunder, by assigned, sold, leased or otherwise  transferred by the Company, the rights and liabilities of the Company will bind and  inure to any assignees, administrators, successors, and executors. 
  5. e) SEVERABILITY: If any part or sub-part of this Agreement is held invalid or  unenforceable by a court of law or competent arbitrator, the remaining parts and sub-parts will be enforced to the maximum extent possible. In such condition, the  remainder of this Agreement shall continue in full force. 
  6. f) NO WAIVER: In the event that We fail to enforce any provision of this Agreement,  this shall not constitute a waiver of any future enforcement of that provision or of any  other provision. Waiver of any part or sub-part of this Agreement will not constitute a  waiver of any other part or sub-part. 
  7. g) HEADINGS FOR CONVENIENCE ONLY: Headings of parts and sub-parts under  this Agreement are for convenience and organization, only. Headings shall not  affect the meaning of any provisions of this Agreement. 
  8. h) NO AGENCY, PARTNERSHIP OR JOINT VENTURE: No agency, partnership,  or joint venture has been created between the Parties as a result of this Agreement.  No Party has any authority to bind the other to third parties. 
  9. i) FORCE MAJEURE: The Company is not liable for any failure to perform due to  causes beyond its reasonable control including, but not limited to, acts of God, acts  of civil authorities, acts of military authorities, riots, embargoes, acts of nature and  natural disasters, and other acts which may be due to unforeseen circumstances. 
  10. j) ELECTRONIC COMMUNICATIONS PERMITTED: Electronic communications  are permitted to both Parties under this Agreement, including e-mail or fax. For any  questions or concerns, please email Us at the following address: [email protected]