Last revised: December 4, 2013
Welcome, and thanks for using YourGuru! YourGuru is a social network for fitness Gurus, non-medical health care professionals and their students. Our mission is to connect the finest fitness instructors and non-medical health care professionals with students seeking to be healthier, more productive and successful. To achieve our mission, we make services available through our website to help you, your connections, and thousands of other like-minded instructors and students meet, exchange ideas, learn from one another, arrange for services, make deals, find opportunities, work, and make decisions in a network of trusted relationships and groups. When you use our website, products and services, you are entering into a binding legal agreement, which includes these Terms of Use and our Privacy Policy (below), which covers how we collect, use, share and store your personal information.These Terms of Use and our Privacy Policy may change from time to time. Your continued use of our services after we make changes is deemed to be acceptance of those changes, so please check these documents periodically for updates.
Beta Testing
You acknowledge that you are receiving a pre-release version of the website and that YourGuru has not yet completed quality assurance testing of the website.
Scope and Intent
You agree that by registering on YourGuru, or by using our website or other services, you are entering into a legally binding agreement with YourGuru, Inc., a Delaware corporation. If you are using YourGuru on behalf of a company or other legal entity, you are nevertheless individually bound by this Agreement even if your company has a separate agreement with us. If you do not agree to all of the terms herein, then do not access, view, download or otherwise use any YourGuru webpage, information or services.
Applicable Laws and this Agreement
You agree to comply with all applicable laws and this agreement, as may be amended from time to time with or without advance notice, and the policies and processes explained in the following sections:
DOs and DON’Ts;
Complaints Regarding Content Posted on the YourGuru Website; and
YourGuru’s Privacy Policy.
License and Warranties
You own the information you provide YourGuru under this agreement, and may request its deletion at any time, unless you have shared information or content with others and they have not deleted it, or it was copied or stored by other users. Additionally, you grant YourGuru a nonexclusive, irrevocable, worldwide, perpetual, unlimited, assignable, sublicenseable, fully paid up and royalty-free right to us to copy, prepare derivative works of, aggregate non-individually identifiable anonymized information, improve, distribute, publish, remove, retain, add, process, analyze, use and commercialize, in any way now known or in the future discovered, any information you provide, directly or indirectly to YourGuru, including, but not limited to, any user generated content, ideas, concepts, techniques and/or data to the services, without any further consent, notice and/or compensation to you or to any third parties. Any information you submit to us is at your own risk of loss. By providing information to us, you represent and warrant that you are entitled to submit the information and that the information is accurate, not confidential, and not in violation of any contractual restrictions or other third party rights. It is your responsibility to keep your YourGuru profile information accurate and updated.You warrant that you are eligible to enter into this contract and you are at least 18 years old and that the information you provide is truthful.
Service Eligibility
To be eligible to use our services, you must meet the following criteria and represent and warrant that you: (1) are 18 years old or older; (2) reside in the United States or any of its territories or possessions; (3) are not currently restricted from the services, or not otherwise prohibited from having a YourGuru account, (4) are not using the services for reasons that are in competition with YourGuru; (5) will only maintain one YourGuru account at any given time; (6) will use your real nameand only provide accurate information to YourGuru; (7) have full power and authority to enter into this Agreement and doing so will not violate any other agreement to which you are a party; (8) will not violate any rights of YourGuru or any third party, including intellectual property rights such as copyright or trademark rights; and (9) agree to provide at your cost all equipment, software, mobile access, and internet access necessary to use our services.
Your Membership
The profile you create on YourGuru will become part of YourGuru and is owned by YourGuru. However, between you and others, your account belongs to you. You agree to: (1) keep your password secure and confidential; (2) not permit others to use your account; (3) not use other’s accounts; (4) not sell, trade, or transfer your YourGuru account to another party; (5) not copy or transfer any part of the services;and (6) not charge anyone for access to any portion of YourGuru, or any information therein. Further, you are responsible for anything that happens through your account until you close down your account or prove that your account security was compromised due to no fault of your own. If you would like to close your account, please follow the appropriate steps noted on our website.
Indemnification
You agree to indemnify us and hold us harmless for all damages, losses and costs (including, but not limited to, reasonable attorneys’ fees and costs) related to all third party claims, charges, and investigations, caused by: (1) your failure to comply with this agreement, including, without limitation, your submission of content that violates third party rights or applicable laws; (2) any content you submit to or post on YourGuru; and (3) any activity in which students, instructors and/or users engage on or through YourGuru.
Payment and Refunds
If you purchase any services that we offer for a fee, either on a one-time or subscription basis, you agree to YourGuru storing your payment information, unless YourGuru utilizes a third party payment processor, in which case, such third party will store your payment information. You also agree to pay the applicable fees for the Services as they become due plus all related taxes, and to reimburse us for all collection costs and interest for any overdue amounts. Failure to pay may result in the termination of your YourGuru access. Depending on where you transact with us, the type of payment method used and where your payment method was issued, your transaction with us may be subject to foreign exchange fees or differences in prices, including because of exchange rates. YourGuru does not support all payment methods, currencies or locations for payment. Your obligation to pay fees continues through the end of the subscription period during which you cancel your subscription. All applicable taxes are calculated based on the billing information you provide us at the time of purchase. You may cancel or suspend your services at any time. We do not offer refunds for any reason, including for lack of usage or dissatisfaction. You also acknowledge that YourGuru’s services are subject to this agreement and any additional terms related to the provision of the any certain service.
Notifications and Service Messages
For purposes of service messages and notices about the services, YourGuru may place a banner notice across its pages to alert you to certain changes such as modifications to this agreement. Alternatively, notice may consist of an email from YourGuru to an email address associated with your account, even if we have other contact information. You also agree that YourGuru may communicate with you through your YourGuru account or through other means including email, mobile number, telephone, or delivery services including the postal service about your YourGuru account or services associated with YourGuru. You acknowledge and agree that we shall have no liability associated with or arising from your failure to maintain accurate contact or other information, including, but not limited to, your failure to receive critical information about the services.
Fees
YourGuru allows the opportunity for students/clients to purchase sessions and packages of sessions from their instructor. For individual and small group session purchases, clients pay a $2.95 booking and transaction charge to YourGuru for amounts less than $150, $4.95 for amounts between $150 and $300, and $6.95 for amounts over $300. For package purchases, clients pay a flat $6.95 booking and transaction fee.
Mobile Applications
YourGuru may offer the services through applications such as mobile or smart phone applications. If you use any such application, you agree that information about you and your use of the services, including, but not limited to, your device, your mobile carrier, your internet access provider, your physical location, or web pages containing YourGuru plugins that load in your browser may be communicated to us. Further, by importing any of your YourGuru data through the applicable application, you represent that you have authority to share the transferred data with your mobile carrier or other access provider. In the event you change or deactivate your mobile account, you must promptly update your YourGuru account information to ensure that your messages are not sent to the person that acquires your old number and failure to do so is your responsibility. You acknowledge you are responsible for all charges and necessary permissions related to accessing YourGuru through your mobile access provider. Therefore, you should check with your provider to find out if the services are available and the terms for these services for your specific mobile devices. Finally, by using any downloadable application to enable your use of the services, you are explicitly confirming your acceptance of the terms of any license agreement associated with the application provided at download or installation, or as may be updated from time to time.
Communication and Sharing
YourGuru offers various forums such as YourGuru Discussion Groups, YourGuru Activity Groups, YourGuru Class Groups and user messaging (collectively, “YourGuru Groups”), where you can post your observations and comments on designated topics. YourGuru also enables sharing of information by allowing users to post updates, including links to news articles and other information such as job opportunities, product or service recommendations, and other content to their profile and other parts of the site, such as YourGuru Groups. YourGuru members can create YourGuru Groups and Instructor and Student Pages; however, YourGuru, in its sole discretion, may close or transfer YourGuru Groups or Instructor and Student Pages, or remove content from them if the content violates this agreement or others’ intellectual property rights. Please note that ideas you post and information you share may be seen and used by other users, and YourGuru cannot guarantee that other users will not use the ideas and information that you share on YourGuru. Therefore, if you have an idea or information that you would like to keep confidential or don’t want others to use, or that is subject to third party rights that may be infringed by your sharing it, do not post it to any YourGuru Groups,or elsewhere on YourGuru. YOURGURU IS NOT RESPONSIBLE FOR ANOTHER’S MISUSE OR MISAPPROPRIATION OF ANY CONTENT OR INFORMATION YOU POST ON YOURGURU.
Contributions to YourGuru
If you submit ideas, suggestions, documents, or proposals (“Contributions”) to YourGuru, you acknowledge and agree that you will only submit, upload, post, or otherwise transmit data and/or files: (a) that you have the lawful right to use, copy, distribute, transmit, or display; (b) that does not infringe the intellectual property rights or violates the privacy rights of any third party; (c) your Contributions do not contain confidential or proprietary information; (d) YourGuru is not under any obligation of confidentiality, express or implied, with respect to the Contributions; (e) YourGuru shall be entitled to use or disclose (or choose not to use or disclose) such Contributions for any purpose, in any way, in any media worldwide; (f) YourGuru may have something similar to the Contributions already under consideration or in development; (g) you irrevocably non-exclusively license to YourGuru rights to exploit your Contributions; and (h) you are not entitled to any compensation or reimbursement of any kind from YourGuru under any circumstances.
Content Standards
You acknowledge that YourGuru has no responsibility for any Student and Instructor content (“Content”) and has no obligation to pre-screen any Content, although we reserve the right in our sole discretion to pre-screen, refuse, or remove any Content for any or no reason. By entering into this agreement, you hereby provide your irrevocable consent to such monitoring and recording. In the event that YourGuru pre-screens, refuses, or removes any Content, you acknowledge that YourGuruwill do so for its benefit, not yours. Without limiting the foregoing, Your Gurushall have the right to remove any Content that violates this agreement or is otherwise objectionable.You agree that you will not post Contentthat: (1) creates a risk of harm, loss, physical or mental injury, emotional distress, death, or disability, or physical or mental illness to you or any other person; (2) creates a risk of any other loss or damage to any person or property; (3) seeks to harm or exploit children by exposing them to inappropriate content, asks for personal information or otherwise; (4) violates or encourages any conduct that violates any laws or regulations or contains any information or content that is illegal; (5) contains any information or content that YourGuru, in its sole discretion, deems to be hateful, violent, harmful, abusive, racially or ethnically offensive, defamatory, infringing, invasive of personal privacy or publicity rights, harassing, humiliating to other people, libelous, threatening, profane or otherwise objectionable; (6) infringes YourGuru’s or any third party’s intellectual property rights, privacy rights, rights of publicity, or other personal or proprietary rights; (7) contains any information or content that you do not have a right to make available on our website under any law or contractual or fiduciary relationship; or (8) is fraudulent, false, misleading or deceptive. You agree that you will not write a fake or defamatory review, trade reviews with other service providers, or compensate someone, or receive compensation from someone, to write or remove a review.
Your Rights
On the condition that you comply with all your obligations under this agreement, including, but not limited to, the Do’s and Don’ts listed below, we grant you a limited, revocable, nonexclusive, nonassignable, nonsublicenseable license and right to access our services, through a generally available web browser, mobile device or YourGuru authorized application (but not through scraping, spidering, crawling or other technology or software used to access data without the express written consent of YourGuru or its users), view information and use the services that we provide on YourGuru webpages and in accordance with this agreement. Any other use of YourGuru contrary to our mission and purpose (such as seeking to connect to someone you do not know or trust, or to use information gathered from YourGuru commercially unless expressly authorized by YourGuru) is strictly prohibited and a violation of this agreement. We reserve all rights not expressly granted in this agreement, including, without limitation, title, ownership, intellectual property rights, and all other rights and interest in YourGuru and all related items, including any and all copies made of the YourGuru website.
Services Availability
We may change or discontinue services, and in such case, we do not promise to keep showing or storing your information and materials.For as long as YourGuru continues to offer the services, YourGuru shall provide and seek to update, improve and expand the services. As a result, we allow you to access YourGuru as it may exist and be available on any given day and we have no other obligations, except as expressly stated in this agreement. We may modify, replace, refuse access to, suspend or discontinue YourGuru, partially or entirely, or change and modify prices for all or part of the services for you or for all our users in our sole discretion. All of these changes shall be effective upon their posting on YourGuru or by direct communication to you unless otherwise noted. YourGuru further reserves the right to withhold, remove or discard any content available as part of your account, with or without notice if deemed by YourGuru to be contrary to this agreement. For avoidance of doubt, YourGuru has no obligation to store, maintain or provide you a copy of any content that you or other users provide when using the services.
Third Parties and User Information
Third parties may offer their own products and services through YourGuru, and we are not responsible for these third-party activities.
You agree that we can use, store and share information about you as permitted in our Privacy Policy (below). You acknowledge, consent and agree that we may access, preserve, and disclose your registration and any other information you provide in accordance with the terms of the Privacy Policy if required to do so by law or in a good faith belief that such access preservation or disclosure is reasonably necessary in our opinion to: (1) comply with legal process, including, but not limited to, civil and criminal subpoenas, court orders or other compulsory disclosures; (2) enforce this agreement; (3) respond to claims of a violation of the rights of third parties, whether or not the third party is a user, individual, or government agency; (4) respond to customer service inquiries; or (5) protect the rights, property, or personal safety of YourGuru, our users or the public. Disclosures of user information to third parties other than those required to provide customer support, administer this agreement, or comply with legal requirements are addressed in our Privacy Policy.
Connections and Interactions with Other Users
You are solely responsible for your interactions with Students and/or Instructors. YourGuru may, in certain circumstances, prohibit you from contacting other users through use of the services or otherwise limit your use of the services. YourGuru reserves the right, but has no obligation, to monitor disputes between you and other users and to restrict, suspend, or close your account if YourGuru determines, in our sole discretion, that doing so is necessary to enforce this agreement or other legal rights.
Intellectual Property Rights
The website and its entire contents, features and functionality (including but not limited to all student and instructor personal information, all student analyses and derivative data, software, text, displays, images, video and audio, and the design, selection and arrangement thereof), are owned by YourGuru, its licensors or other providers of such material and are protected by United States and international copyright, trademark, patent, trade secret and other intellectual property or proprietary rights laws. Except for the limited license granted to you, YourGuru reserves all of its intellectual property rights in the services. YourGuru, the YourGuru logos and other YourGuru trademarks, service marks, graphics, and logos used in connection with YourGuru are trademarks or registered trademarks of YourGuru in the U.S. and/or other countries. Other trademarks and logos used in connection with YourGuru may be the trademarks of their respective owners. This agreement does not grant you any right or license with respect to any such trademarks and logos.
YourGuru, at its sole discretion, may grant Instructors designated as Gurus by their Students a royalty free, non-exclusive license to view that Student’s data and derivatives of that data. The license terminates when the Student no longer claims the Instructor as a Guru. At that time, the Student’s data is no longer accessible.
These Terms of Use permit you to use the services for the limited commercial purpose of connecting Students and Instructors. You must not reproduce, distribute, modify, create derivative works of, publicly display, publicly perform, republish, download, store or transmit any of the material on our website, except as follows: (1) your computer may temporarily store copies of such materials in RAM incidental to your accessing and viewing those materials; (2) you may store files that are automatically cached by your web browser for display enhancement purposes; (3) you may print or download one copy of a reasonable number of pages of the website for your own personal, non-commercial use and not for further reproduction, publication or distribution; (4) if we provide desktop, mobile or other applications for download, you may download a single copy to your computer or mobile device solely for your own personal, non-commercial use, provided you agree to be bound by our end user license agreement for such applications; (5) you must not modify copies of any materials from this site; (6) use any illustrations, photographs, video or audio sequences or any graphics separately from the accompanying text; (7) delete or alter any copyright, trademark or other proprietary rights notices from copies of materials from this site.If you wish to make any use of material on our website other than that set out in this section, please address your request to info@yourguru.com.
If you print, copy, modify, download or otherwise use or provide any other person with access to any part of our website in breach of the Terms of Use, your right to use our website will cease immediately and you must, at our option, return or destroy any copies of the materials you have made. No right, title or interest in or to our website or any content on our website is transferred to you, and all rights not expressly granted are reserved by YourGuru. Any use of our website not expressly permitted by these Terms of Use is a breach of these Terms of Use and may violate copyright, trademark and other laws.
Copyright Infringement
In accordance with the Digital Millennium Copyright Act of 1998 (the “DMCA”), YourGuru will respond expeditiously to claims of copyright infringement committed using the services if such claims are reported to YourGuru’s Designated Copyright Agent identified in the sample notice below. If you are a copyright owner, authorized to act on behalf of one, or authorized to act under any exclusive right under copyright, please report alleged copyright infringements taking place on or through the services by completing the following DMCA Notice of Alleged Infringement and delivering it to YourGuru’s Designated Copyright Agent. Upon receipt of Notice as described below, YourGuru will take whatever action, in its sole discretion, it deems appropriate, including removal of the challenged content from the services. It is the policy of YourGuru to terminate the user accounts of repeat infringers.
DMCA Notice of Alleged Infringement (“Notice”)
1. Identify the copyrighted work that you claim has been infringed, if multiple copyrighted works are covered by this Notice - you may provide a representative list of the copyrighted works that you claim have been infringed.
2. Identify the material or link you claim is infringing (or the subject of infringing activity) and to which access is to be disabled, including at a minimum, if applicable, the URL of the link shown on the Service or the exact location where such material may be found.
3. Provide your company affiliation (if applicable), mailing address, telephone number, and, if available, email address.
4. Include both of the following statements in the body of the Notice: (1) “I hereby state that I have a good faith belief that the disputed use of the copyrighted material is not authorized by the copyright owner, its agent, or the law (e.g., as a fair use).” (2) “I hereby state that the information in this Notice is accurate and, under penalty of perjury, that I am the owner, or authorized to act on behalf of, the owner, of the copyright or of an exclusive right under the copyright that is allegedly infringed.”
5. Provide your full legal name and your electronic or physical signature.
Deliver this Notice, with all items completed, to YourGuru’s Designated Copyright Agent:
YourGuru, Inc.
Ntiedo Etuk-Copyright Agent
200 West 60th Street
Suite 19b
New York, NY 10023
info@yourguru.com
Disclaimer
SOME COUNTRIES AND JURISDICTIONS DO NOT ALLOW THE DISCLAIMER OF IMPLIED TERMS IN CONTRACTS WITH CONSUMERS AND AS A RESULT THE CONTENTS OF THIS SECTION MAY NOT APPLY TO YOU. DO NOT RELY ON YOURGURU OR ITS SUPPLIERS, ON ANY INFORMATION THEREIN, OR ON ITS CONTINUATION. WE PROVIDE THE SERVICES ON AN “AS IS” AND “AS AVAILABLE” BASIS. YOURGURU DOES NOT CONTROL OR VET USER GENERATED CONTENT FOR ACCURACY. WE DO NOT PROVIDE ANY EXPRESS WARRANTIES OR REPRESENTATIONS. TO THE FULLEST EXTENT PERMISSIBLE UNDER APPLICABLE LAW, YOURGURU AND ITS SUPPLIERS DISCLAIM ANY AND ALL IMPLIED WARRANTIES AND REPRESENTATIONS, INCLUDING, WITHOUT LIMITATION, ANY WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE, ACCURACY OF DATA, AND NONINFRINGEMENT. We disclaim any liability for the quality, safety or reliability of YourGuru.IF YOU ARE DISSATISFIED OR HARMED BY YOURGURU OR ANYTHING RELATED TO YOURGURU, YOU MAY CLOSE YOUR YOURGURU ACCOUNT AND TERMINATE THIS AGREEMENT IN ACCORDANCE WITH THE TERMINATION SECTION BELOW AND SUCH TERMINATION SHALL BE YOUR SOLE AND EXCLUSIVE REMEDY. YOURGURU IS NOT RESPONSIBLE, AND MAKES NO REPRESENTATIONS OR WARRANTIES FOR THE DELIVERY OF ANY MESSAGES SENT THROUGH YOURGURU TO ANYONE. IN ADDITION, WE NEITHER WARRANT NOR REPRESENT THAT YOUR USE OF THE SERVICE WILL NOT INFRINGE THE RIGHTS OF THIRD PARTIES. ANY MATERIAL, SERVICE, OR TECHNOLOGY DESCRIBED OR USED ON THE WEBSITE MAY BE SUBJECT TO INTELLECTUAL PROPERTY RIGHTS OWNED BY THIRD PARTIES WHO HAVE LICENSED SUCH MATERIAL, SERVICE, OR TECHNOLOGY TO US. YOURGURU DOES NOT HAVE ANY OBLIGATION TO VERIFY THE IDENTITY OF THE PERSONS SUBSCRIBING TO ITS SERVICES, NOR DOES IT HAVE ANY OBLIGATION TO MONITOR THE USE OF ITS SERVICES BY OTHER USERS OF THE COMMUNITY; THEREFORE, YOURGURU DISCLAIMS ALL LIABILITY FOR IDENTITY THEFT OR ANY OTHER MISUSE OF YOUR IDENTITY OR INFORMATION BY OTHERS. YOURGURU DOES NOT GUARANTEE THAT THE SERVICES IT PROVIDES WILL FUNCTION WITHOUT INTERRUPTION OR ERRORS IN FUNCTIONING. IN PARTICULAR, THE OPERATION OF THE SERVICES MAY BE INTERRUPTED DUE TO MAINTENANCE, UPDATES, OR SYSTEM OR NETWORK FAILURES. YOURGURU DISCLAIMS ALL LIABILITY FOR DAMAGES CAUSED BY ANY SUCH INTERRUPTION OR ERRORS IN FUNCTIONING. FURTHERMORE, YOURGURU DISCLAIMS ALL LIABILITY FOR ANY MALFUNCTIONING, IMPOSSIBILITY OF ACCESS, OR POOR USE CONDITIONS OF THE YOURGURU SITE DUE TO INAPPROPRIATE EQUIPMENT, DISTURBANCES RELATED TO INTERNET SERVICE PROVIDERS, TO THE SATURATION OF THE INTERNET NETWORK, AND FOR ANY OTHER REASON.
Limitation of Liability
SOME COUNTRIES DO NOT ALLOW THE LIMITATION OR EXCLUSION OF LIABILITY IN CONTRACTS WITH CONSUMERS AND AS A RESULT THE CONTENTS OF THIS SECTION MAY NOT APPLY TO YOU. Neither YourGuru nor any of our subsidiaries, affiliated companies, suppliers, employees, shareholders, or directors shall be cumulatively liable for (a) any damages in excess of US $100, or (b) any special, incidental, indirect, punitive or consequential damages or loss of use, profit, revenue or data to you or any third person arising from your use of the services, any Platform Applications or any of the content or other materials on, accessed through or downloaded from YourGuru. This limitation of liability is part of the basis of the bargain between the parties and without it the terms and prices charged would be different. This limitation of liability shall: (1) apply regardless of whether (a) you base your claim on contract, tort, statute or any other legal theory, (b) we knew or should have known about the possibility of such damages, or (c) the limited remedies provided in this section fail of their essential purpose; and (2) not apply to any damage that YourGuru may cause you intentionally or knowingly in violation of this agreement or applicable law, or as otherwise mandated by applicable law that cannot be disclaimed in this agreement; (3) not apply if you have entered into a separate agreement to purchase an Instructor’sservices with a separate Limitation of Liability provision that supersedes this section in relation to such Instructor’s services.
Limitation on Time to File Claims
ANY CAUSE OF ACTION OR CLAIM YOU MAY HAVE ARISING OUT OF OR RELATING TO THESE TERMS OF USE, PRIVACY POLICY OR THE WEBSITE MUST BE COMMENCED WITHIN 1 YEAR AFTER THE CAUSE OF ACTION ACCRUES, OTHERWISE, SUCH CAUSE OF ACTION OR CLAIM IS PERMANENTLY BARRED.
Mutual Rights of Termination
You may terminate this agreement, for any or no reason, at any time, with notice to YourGuru. This notice will be effective upon YourGuru processing your notice. YourGuru may terminate this agreement and your account for any reason or no reason, at any time, with or without notice. This cancellation shall be effective immediately or as may be specified in the notice. For avoidance of doubt, only YourGuru or the party paying for the services may terminate your access to any services. Termination of your YourGuru account includes disabling your access to YourGuru and may also bar you from any future use of YourGuru.
Misuse of the Services
YourGuru may restrict, suspend or terminate the account of any user who abuses or misuses the services. Misuse of the services include abusing the YourGuru messaging services, creating multiple or false profiles, using the services commercially without YourGuru’s authorization, infringing any intellectual property rights, violating any of the Do’s and Don’ts listed below, or any other behavior that YourGuru, in its sole discretion, deems contrary to its purpose.
Effect of Termination
Upon termination of your YourGuru account, you lose access to the services. The provisions in this agreement that protect intellectual property and those that would reasonably survive termination of this agreement will survive any termination or expiration.
Governing Law and Jurisdiction
This agreement or any claim, cause of action or dispute arising out of or related to this agreement shall be governed by the laws of the state of New York regardless of your country of origin or where you access YourGuru, and notwithstanding any conflicts of law principles and the United Nations Convention for the International Sale of Goods. You and YourGuru agree that all claims arising out of or related to this Agreement must be resolved exclusively by a state or federal court located in New York, New York (U.S.). You and YourGuru agree to submit to the personal jurisdiction of the courts located within New York, New York for the purpose of litigating all such claims. Notwithstanding the above, you agree that YourGuru shall still be allowed to apply for injunctive remedies (or an equivalent type of urgent legal relief) in any jurisdiction.
Arbitration Option
For any claim (excluding claims for injunctive or other equitable relief) where the total amount of the award sought is less than $10,000, the party requesting relief may elect to resolve the dispute in a cost effective manner through binding non-appearance-based arbitration. In the event a party elects arbitration, they shall initiate such arbitration through an established alternative dispute resolution (“ADR”) provider mutually agreed upon by the parties. The ADR provider and the parties must comply with the following rules: (a) the arbitration shall be conducted by telephone, online and/or be solely based on written submissions, the specific manner shall be chosen by the party initiating the arbitration; (b) the arbitration shall not involve any personal appearance by the parties or witnesses unless otherwise mutually agreed by the parties; and (c) any judgment on the award rendered by the arbitrator shall be final and may be entered in any court of competent jurisdiction.
Severability
If any provision of this Agreement is found by a court of competent jurisdiction or arbitrator to be illegal, void, or unenforceable, the unenforceable provision will be modified so as to render it enforceable and effective to the maximum extent possible in order to effect the intention of the provision; if a court or arbitrator finds the modified provision invalid, illegal, void or unenforceable, the validity, legality and enforceability of the remaining provisions of this Agreement will not be affected in any way.
Language
Where YourGuru has provided you with a translation of the English language version of this agreement or any other documentation, you agree that the translation is provided for your convenience only and that the English language versions of this agreement and any other documentation, will govern your relationship with YourGuru.
Entire Agreement and Amendments
You agree that this agreement constitutes the entire, complete and exclusive agreement between you and YourGuru regarding the services and supersedes all prior agreements and understandings, whether written or oral, or whether established by custom, practice, policy or precedent, with respect to the subject matter of this agreement. You also may be subject to additional terms and conditions that may apply when you use or purchase certain other YourGuru services, third-party content or third party software.We reserve the right to modify, supplement or replace the terms of this agreement, effective upon posting on the website or notifying you otherwise. If you do not want to agree to changes to this agreement, you can terminate this agreement at any time per the Termination Section above. All changes are effective immediately when we post them and apply to all access to the website thereafter. Your continued use of the website following the posting of amendments is deemed your acceptance of the revised agreement.
No Waiver
Our failure to act with respect to a breach of this agreement by you or others does not waive our right to act with respect to that breach or subsequent similar or other breaches. Except as expressly and specifically contemplated by this agreement, no representations, statements, consents, waivers or other acts or omissions shall be deemed legally binding on YourGuru unless documented in a physical writing hand signed by a duly appointed officer of YourGuru.
No Injunctive Relief
In no event shall you seek or be entitled to rescission, injunctive or other equitable relief, or to enjoin or restrain the operation of the service, exploitation of any advertising or other materials issued in connection therewith, or exploitation of the services or any content or other material used or displayed through the services.
Assignment and Delegation
You may not assign or delegate any rights or obligations under the agreement. Any purported assignment and delegation shall be ineffective. We may freely assign or delegate all rights and obligations under the agreement, fully or partially without notice to you.
YourGuru “DOs” and “DON’Ts.”
As a condition to access YourGuru, you agree to strictly observe the following DOs and DON’Ts:
DO:
Comply with all applicable laws, including, without limitation, privacy laws, intellectual property laws, export control laws, tax laws, and regulatory requirements;
Provide accurate information to us and update it as necessary;
Review and comply with our Privacy Policy;
Review and comply with notices sent by YourGuru concerning the services;
Use the services in a professional manner; and
Use your real name on your profile.
DON’T:
Act dishonestly or unprofessionally by engaging in unprofessional behavior by posting inappropriate, inaccurate, or objectionable content to YourGuru;
Publish inaccurate information in the designated fields on the profile form (e.g., do not include a link or an email address in the name field). Please also protect sensitive personal information such as your email address, phone number, street address, or other information that is confidential in nature;
Create a user profile for anyone other than a natural person;
Harass, abuse or harm another person, including sending unwelcomed communications to others using YourGuru;
Upload a profile image that is not your likeness or a head-shot photo;
Use or attempt to use another’s account or create a false identity on YourGuru;
Upload, post, email, transmit or otherwise make available or initiate any content that:
Falsely states, impersonates or otherwise misrepresents your identity, including but not limited to the use of a pseudonym, or misrepresenting your current or previous positions and qualifications, or misrepresents your affiliations with a person or entity, past or present;
Is unlawful, libelous, abusive, obscene, discriminatory or otherwise objectionable;
Adds to a content field content that is not intended for such field (e.g. submitting a telephone number in the “title” or any other field, or including telephone numbers, email addresses, street addresses or any personally identifiable information for which there is not a field provided by YourGuru);
Includes information that you do not have the right to disclose or make available under any law or under contractual or fiduciary relationships (such as insider information, or proprietary and confidential information learned or disclosed as part of employment relationships or under nondisclosure agreements);
Infringes upon patents, trademarks, trade secrets, copyrights or other proprietary rights;
Includes any unsolicited or unauthorized advertising, promotional materials, “junk mail,”“spam,”“chain letters,”“pyramid schemes,” or any other form of solicitation. This prohibition includes but is not limited to (a) using YourGuru to connect to people who don’t know you and then sending unsolicited promotional messages to those direct connections without their permission; and (b) sending messages to distribution lists, newsgroup aliases, or group aliases;
Contains software viruses, worms, or any other computer code, files or programs that interrupt, destroy or limit the functionality of any computer software or hardware or telecommunications equipment of YourGuru or any user of YourGuru;
Forges headers or otherwise manipulate identifiers in order to disguise the origin of any communication transmitted through the Services; or
Even if it is legal where you are located, create profiles or provide content that promotes escort services or prostitution.
Participate, directly or indirectly, in the setting up or development of a network that seeks to implement practices that are similar to sales by network or the recruitment of independent home salespeople for the purposes of creating a pyramid scheme or other similar practices;
Duplicate, license, sublicense, publish, broadcast, transmit, distribute, perform, display, sell, rebrand, or otherwise transfer information found on YourGuru (excluding content posted by you) except as permitted in this Agreement, or as expressly authorized by YourGuru;
Reverse engineer, decompile, disassemble, decipher or otherwise attempt to derive the source code for any underlying intellectual property used to provide the Services, or any part thereof;
Utilize or copy information, content or any data you view on or obtain from YourGuru to provide any service that is competitive, in YourGuru’s sole discretion, with YourGuru;
Imply or state, directly or indirectly, that you are affiliated with or endorsed by YourGuru unless you have entered into a written agreement with YourGuru (this includes, but is not limited to, representing yourself as an accredited YourGuru trainer if you have not been certified by YourGuru as such);
Adapt, modify or create derivative works based on YourGuru or technology underlying the Services, or other Users’ content, in whole or part, except as permitted under YourGuru’s developer program;
Rent, lease, loan, trade, sell/re-sell access to YourGuru or any information therein, or the equivalent, in whole or part;
Sell, sponsor, or otherwise monetize a YourGuru Group or any other service or functionality of YourGuru, without the express written permission of YourGuru;
Deep-link to the website for any purpose, (i.e. creating or posting a link to a YourGuru web page other than YourGuru’s home page) unless expressly authorized in writing by YourGuru or for the purpose of promoting your profile or a YourGuru Group;
Remove any copyright, trademark or other proprietary rights notices contained in or on YourGuru, including those of both YourGuru and any of its licensors;
Remove, cover or otherwise obscure any form of advertisement included on YourGuru;
Collect, use, copy, or transfer any information, including, but not limited to, personally identifiable information obtained from YourGuru except as expressly permitted in this agreement or as the owner of such information may expressly permit;
Share information of non-users without their express consent;
Infringe or use YourGuru’s brand, logos or trademarks, including, without limitation, using the word “YourGuru” in any business name, email, or URL or including YourGuru’s trademarks and logos except as expressly permitted by YourGuru;
Use manual or automated software, devices, scripts robots, other means or processes to access, “scrape,”“crawl” or “spider” any web pages or other services contained in the website;
Use bots or other automated methods to access YourGuru, add or download contacts, send or redirect messages, or perform other similar activities through YourGuru, unless explicitly permitted by YourGuru;
Access, via automated or manual means or processes, YourGuru for purposes of monitoring YourGuru’s availability, performance or functionality for any competitive purpose;
Engage in “framing,”“mirroring,” or otherwise simulating the appearance or function of YourGuru’s website;
Attempt to or actually access YourGuru by any means other than through the interfaces provided by YourGuru such as its mobile application or by navigating to www.YourGuru.com using a web browser. This prohibition includes accessing or attempting to access YourGuru using any third-party service, including software-as-a-service platforms that aggregate access to multiple services, including YourGuru;
Attempt to or actually override any security component included in or underlying YourGuru;
Engage in any action that directly or indirectly interferes with the proper working of or places an unreasonable load on YourGuru’s infrastructure, including, but not limited to, sending unsolicited communications to other Users or YourGuru personnel, attempting to gain unauthorized access to YourGuru, or transmitting or activating computer viruses through or on YourGuru; and/or
Interfere or disrupt or game YourGuru or the Services, including, but not limited to, any servers or networks connected to YourGuru, or YourGuru’s search algorithms.
How To Contact Us
If you have questions or comments about theterms of use, please contact us at info@yourguru.com.
Thank you for visiting YourGuru!
Last modified: July 24, 2013
At YourGuru, our guiding philosophy is “students first.” That value powers all of the decisions we make, including how we gather and respect your personal information. We’ve crafted the policy below to be as clear and straightforward as possible. Our aim is for you to always feel informed and empowered with respect to your privacy on YourGuru.
This policy describes the types of information we may collect from you or that you may provide when you visit our website and our practices for collecting, using, maintaining, protecting and disclosing that information.
This policy applies to information we collect: (1) on this website; and (2) in e-mail, text and other electronic messages between you and this website.It does not apply to information collected by: (1) us offline or through any other means, including on any other website operated by YourGuru or any third party; or (2) any third party, including through any application or content (including advertising) that may link to or be accessible from the website.
Children Under the Age of 13
Our website is not intended for children under 13 years of age. No one under age 13 may provide any personal information to the website. We do not knowingly collect personal information from children under 13. If you are under 13, do not use or provide any information on this website or on or through any of its features/register on the website, make any purchases through the website, use any of the interactive or public comment features of this website or provide any information about yourself to us, including your name, address, telephone number, e-mail address or any screen name or user name you may use. If we learn we have collected or received personal information from a child under 13 without verification of parental consent, we will delete that information. If you believe we might have any information from or about a child under 13, please contact us at info@yourguru.com.
Information We Collect About You and How We Collect It
We collect several types of information from and about users of our website, including information:
by which you may be personally identified, such as name, postal address, e-mail address, telephone number, picture, gender and age (“personal information”);
that reflects your background in private and/or group sessions, your goals (e.g. weight loss, improved flexibility), your general interests, and any medical information (e.g. recent pregnancy, specific joint pains) that you may wish to share with your Instructor;
that is about you but individually does not identify you, such as aggregate demographic data; and/or
about your internet connection, the equipment you use to access our website and usage details.
We collect this information:
Directly from you when you provide it to us.
Automatically as you navigate through the site. Information collected automatically may include usage details, IP addresses and information collected through cookies, web beacons, and other tracking technologies.
Information You Provide to Us. The information we collect on or through our website may include:
Information that you provide by filling in forms on our website. This includes information provided at the time of registering to use our website, subscribing to our service, posting material and/or requesting further services. We may also ask you for information when you enter a promotion sponsored by us, and when you report a problem with our website.
Records and copies of your correspondence (including e-mail addresses), if you contact us.
Polls and surveys may be conducted by YourGuru, Instructors, Students, or third parties. Some third parties may target advertisements to you on the results page based on your answers in the poll. YourGuru or third parties may follow up with you via email regarding your participation unless you have opted out of receiving such messages. We may use third parties to deliver incentives to you to participate in surveys or polls. If the delivery of incentives requires your contact information, you may be asked to provide personal information to the third party fulfilling the incentive offer, which will be used only for the purpose of delivering incentives and verifying your contact information. It is up to you whether you provide this information, or whether you desire to take advantage of an incentive. Your consent to use any personally identifiable information for the purposes set forth in the poll or survey will be explicitly requested by the party conducting it. You may opt out of participating in surveys by changing your settings to stop receiving these inquiries and requests.
Details of transactions you carry out through our website. You may be required to provide financial information before placing an order through our website.
Your search queries on the website.
You also may provide information to be published or displayed (hereinafter, “posted”) on public areas of the website, or transmitted to other users of the website or third parties (collectively, “Contributions”). Your Contributions are posted on and transmitted to others at your own risk. Contributions may only be posted if you: (i) have the lawful right to use, copy, distribute, transmit, or display them; or (ii) they do not infringe the intellectual property rights or violate the privacy rights of any third party. Although you may set certain privacy settings for such information by logging into your account profile, please be aware that no security measures, such as passwords, are perfect or impenetrable. Additionally, we cannot control the actions of other users of the website with whom you may choose to share your Contributions. Therefore, we cannot and do not guarantee that your Contributions will not be viewed by unauthorized persons.
Usage Details, IP Addresses, Cookies and Other Technologies. As you navigate through and interact with our website, we may automatically collect certain information about your equipment, browsing actions and patterns, including: (1) details of your visits to our website, including traffic data, location data, logs and other communication data and the resources that you access and use on the website; and (2) information about your computer and internet connection, including your IP address, operating system and browser type.
The information we collect automatically is statistical data which helps us to improve our website and to deliver a better and more personalized service by enabling us to:
Estimate our audience size and usage patterns.
Store information about your preferences, allowing us to customize our website according to your individual interests.
Speed up your searches.
Recognize you when you return to our website.
The technologies we use for this automatic data collection may include:
Cookies (or browser cookies). A cookie is a small file placed on the hard drive of your computer. You may refuse to accept browser cookies by activating the appropriate setting on your browser. However, if you select this setting you may be unable to access certain parts of our website. Unless you have adjusted your browser setting so that it will refuse cookies, our system will issue cookies when you direct your browser to our website.
Flash Cookies. Certain features of our website may use local stored objects (or Flash cookies) to collect and store information about your preferences and navigation to, from and on our website. Flash cookies are not managed by the same browser settings as are used for browser cookies.
Web Beacons. Pages of our website and our e-mails may contain small electronic files known as web beacons (also referred to as clear gifs. pixel tags and single-pixel gifs) that permit YourGuru, for example, to count users who have visited those pages or, opened an e-mail and for other related website statistics (for example, recording the popularity of certain website content and verifying system and server integrity).
We do not collect personal information automatically, but we may tie this information to personal information about you that we collect from other sources or you provide to us.
Third-Party Advertiser Use of Cookies and Other Tracking Technologies.
Some advertisements on the website are served by third-party advertisers, ad networks and ad servers. These third parties may use cookies alone or in conjunction with web beacons or other tracking technologies to collect information about our users. This may include information about users’ behavior on this and other websites to serve them interested-based (behavioral) advertising. We do not control these third parties’tracking technologies or how they may be used. If you have any questions about an advertisement, you should contact the responsible advertiser directly.
How We Use Your Information
We use information that we collect about you or that you provide to us, including any personal information:
To present our website and its contents to you.
To provide you with information, products or services that you request from us or that we think you may be interested in.
To provide instructors with information about you.
To fulfill any other purpose for which you provide it.
To provide you with notices about your account, including expiration and renewal notices.
To carry out our obligations and enforce our rights arising from any contracts entered into between you and us, including for billing and collection.
To notify you about changes to our website or any products or services we offer or provide though it.
To allow you to participate in interactive features on our website.
In any other way we may describe when you provide the information.
For any other purpose with your consent.
We may also use your information to contact you about our own and/or instructors’ goods and services that may be of interest to you. If you do not want us to use your information in this way, please check the relevant opt out box located on the form on which we collect your data or adjust your user preferences in your account profile.
We may use the information we have collected from you to enable us to display advertisements to our advertisers’ target audiences. Even though we do not disclose your personal information for these purposes without your consent, if you click on or otherwise interact with an advertisement, the advertiser may assume that you meet its target criteria.
Disclosure of Your Information
We may disclose aggregated information about our users, and information that does not identify any individual, without restriction.
We may disclose personal information that we collect or you provide as described in this privacy policy:
To our subsidiaries and affiliates.
To contractors, service providers and other third parties we use to support our business and who are bound by contractual obligations to keep personal information confidential and use it only for the purposes for which we disclose it to them.
To a buyer or other successor in the event of a merger, divestiture, restructuring, reorganization, dissolution or other sale or transfer of some or all of YourGuru, Inc.’s assets, whether as a going concern or as part of bankruptcy, liquidation or similar proceeding, in which personal information held by YourGuru, Inc. about our website users is among the assets transferred.
To third parties to market their products or services to you if you have not opted out of these disclosures. We contractually require these third parties to keep personal information confidential and use it only for the purposes for which we disclose it to them.
To fulfill the purpose for which you provide it. For example, if you give us an e-mail address to use the “e-mail an instructor” feature of our website, we will transmit the contents of that e-mail and your e-mail address to the recipients.
For any other purpose disclosed by us when you provide the information.
With your consent.
We may also disclose your personal information:
To comply with any court order, law or legal process, including to respond to any government or regulatory request.
To enforce or apply our terms of use and other agreements, including for billing and collection purposes.
If we believe disclosure is necessary or appropriate to protect the rights, property, or safety of YourGuru, Inc., our customers or others.
Choices About How We Use and Disclose Your Information
We strive to provide you with choices regarding the personal information you provide to us. We have created mechanisms to provide you with the following control over your information:
Tracking Technologies and Advertising. You can set your browser to refuse all or some browser cookies, or to alert you when cookies are being sent. To learn how you can manage your Flash cookie settings, visit the Flash player settings page on Adobe’s website. If you disable or refuse cookies, please note that some parts of this site may then be inaccessible or not function properly.
Disclosure of Your Information for Third-Party Advertising. If you do not want us to share your personal information with unaffiliated or non-agent third parties for promotional purposes, you can opt-out by checking the relevant box located on the form on which we collect your data. You can also always opt-out by logging into the Website and adjusting your user preferences in your account profile by checking or unchecking the relevant boxes or by sending us an e-mail stating your request to info@yourguru.com.
Promotional Offers from YourGuru. If you do not wish to have your e-mail address/contact information used by YourGuru to promote our own or third parties’ products or services, you can opt-out by checking the relevant box located on the form on which we collect your data or at any other time by logging into the website and adjusting your user preferences in your account profile by checking or unchecking the relevant boxes or by sending us an e-mail stating your request to info@yourguru.com.If we have sent you a promotional e-mail, you may send us a return e-mail asking to be omitted from future e-mail distributions. This opt out does not apply to information provided to YourGuru as a result of a product service experience or other transactions.
Targeted Advertising. If you do not want us to use information that we collect or that you provide to us to deliver advertisements according to our advertisers’ target-audience preferences, you can opt-out by checking the relevant box located on the form on which we collect your data. You can also always adjust your user advertising preferences in your account profile by checking or unchecking the relevant boxes or by sending us an e-mail stating your request to info@yourguru.com.
We do not control third parties’ collection or use of your information to serve interest-based advertising. However these third parties may provide you with ways to choose not to have your information collected or used in this way. You can opt out of receiving targeted ads from members of the Network Advertising Initiative (“NAI”) on the NAI’s website.
Accessing and Correcting Your Information
You can review and edit your personal information by logging into the website and visiting your profile page. You may also send us an e-mail at info@yourguru.comto request access to, correct or delete any personal information that you have provided to us. We cannot delete your personal information except by also deleting your user account. We will delete your personal information shortly thereafter. However, we may continue to use aggregate anonymized data that is not individually identifiable. We may not accommodate a request to change information if we believe the change would violate any law or legal requirement or cause the information to be incorrect.
If you delete your Contributions from the website, copies of your Contributions may remain viewable in cached and archived pages, or might have been copied or stored by other users. Proper access and use of information provided on the website, including Contributions, is governed by this Privacy Policy and the Terms of Use.
Your California Privacy Rights
California Civil Code Section § 1798.83 permits users of our website that are California residents to request certain information regarding our disclosure of personal information to third parties for their direct marketing purposes. To make such a request, please send an e-mail to info@yourguru.com.
Data Security
We have implemented measures designed to secure your personal information from accidental loss and from unauthorized access, use, alteration and disclosure. All information you provide to us is stored on our secure servers behind firewalls. Any payment transactions will be encrypted using SSL technology.
The safety and security of your information also depends on you. Where we have given you (or where you have chosen) a password for access to certain parts of our website, you are responsible for keeping this password confidential. We ask you not to share your password with anyone. We urge you to be careful about giving out information in public areas of the Website like message boards. The information you share in public areas may be viewed by any user of the website.
Unfortunately, the transmission of information via the internet is not completely secure. Although we do our best to protect your personal information, we cannot guarantee the security of your personal information transmitted to our website. Any transmission of personal information is at your own risk. We are not responsible for circumvention of any privacy settings or security measures contained on the website.
Changes to Our Privacy Policy
It is our policy to post any changes we make to our privacy policy on this page with a notice that the privacy policy has been updated on the website home page. If we make material changes to how we treat our users’ personal information, we will notify you through a notice on the website home page. The date the privacy policy was last revised is identified at the top of the page. You are responsible for periodically visiting our website and this privacy policy to check for any changes.
Contact Information
To ask questions or comment about this privacy policy and our privacy practices, contact us atinfo@yourguru.com.
Thank you for visiting YourGuru!