Terms of Use

Waterfall Yoga Therapy

Last Modified: 10/28/2019

The following terms and conditions (collectively, the “Terms of Use”) apply to your use of www.waterfallyogallc.com (the “Site”) which is owned by Waterfall Yoga LLC (“Waterfall Yoga,” “Sarah Cummins,” “we,” or “us”). By accessing the Site in any manner (whether automated or otherwise), you accept and agree to be bound by these Terms of Use and our Privacy Policy, which is incorporated herein by reference. If you do not agree to these Terms of Use or our Privacy Policy, do not use the Site.
Certain areas within the Site may be governed by additional terms incorporated herein by reference. By using those areas of the Site, you agree to the applicable additional terms as well as these Terms of Use.

  1. Changes to Terms of Use. We may revise and update these Terms of Use from time to time in our sole discretion. All changes are effective immediately when we post them, and apply to all access to and use of the Site thereafter. Your continued use of the Site following the posting of revised Terms of Use means that you accept and agree to the changes. You are expected to check this page from time to time so you are aware of any changes, as they are binding on you.
  2. Ownership. The Site and all graphics, text, instructions, widgets, images, data files, applications, audio files and/or other sounds, videos, designs, advertising copy, software (including source and object code), and other materials you may view on, access through, or are otherwise related to the Site (collectively, the “Content”) are owned by Waterfall Yoga LLC or its licensors and are protected under copyright, trademark, and other applicable United States and international laws and treaties. Without limiting the foregoing, the trademarks, service marks, and logos displayed on the Site are registered and unregistered marks of Waterfall Yoga LLC and its licensors. You acknowledge and agree that, as between you and Waterfall Yoga LLC, Waterfall Yoga LLC is and shall remain the sole owner of the Site and the Content (except for your User Content, as defined in Section 5, below), including, without limitation, all patents, copyrights, trademarks, trade secrets, and other intellectual property and proprietary rights therein and thereto.
  3. Scope of Use and Restrictions. Subject to these Terms of Use, Waterfall Yoga LLC hereby grants you a non-exclusive, non-transferable, non-sublicensable, revocable, limited license to access and use the Site sand to view and/or play the Content for your own personal, non-commercial purposes. Except as otherwise provided in these Terms of Use, the Content may not be copied, downloaded or stored in a retrieval system for any other purpose, nor may it be redistributed, reused or modified for any purpose, without the express written permission of Waterfall Yoga LLC. You agree not to:
    • “harvest” (or collect) information from the Site using an automated software tool or manually on a mass basis;
    • use automated means to access the Site, or gain unauthorized access to the Site or to any account or computer system connected to the Site;
    • obtain, or attempt to obtain, access to areas of the Site or our systems that are not intended for access by you;
    • “flood” the Site with requests or otherwise overburden, disrupt, or harm the Site or our systems;
    • restrict or inhibit other users from accessing or using the Site;
    • modify or delete any copyright, trademark, or other proprietary rights notices that appear on the Site or in the Content;
    • submit, upload, post, share, display, or transmit to other users (hereinafter, “post”) User Content on the Site that:
      • is unlawful, abusive, malicious, harassing, tortious, defamatory, vulgar, obscene, libelous, invasive of another’s privacy right or right of publicity, or otherwise objectionable;
      • promotes sexually explicit or pornographic material, violence, or discrimination based on race, sex, religion, nationality, disability, sexual orientation, or age;
      • contains any material that could give rise to any civil or criminal liability under applicable laws, rules, or regulations or that otherwise may be in conflict with these Terms of Use;
      • infringes upon, misappropriates, or otherwise violates any intellectual property rights or other rights of a third party;
      • encourages criminal conduct;
      • contains false, misleading, fraudulent, or deceptive claims or content;
      • gives the impression that it emanates from or is endorsed by Waterfall Yoga LLC or any other person or entity, if this is not the case;
      • contains any virus, malware, spyware, or other harmful content or code; or
    • access or use the Site or Content for any unlawful purpose or otherwise beyond the scope of the rights granted herein.
  4. Account Registration and Security. Access to and use of certain areas of the Site may require you to register for an account. You agree to provide true, accurate, current, and complete information about yourself as prompted by the applicable registration or log-in form, and you are responsible for keeping such information up to date. You are responsible for maintaining the confidentiality of your account information, including your username and password, and for any and all activity that occurs under your account. You agree to immediately notify Waterfall Yoga LLC of any unauthorized use of your account, or any other breach of security. We are not liable for any loss or damage arising from your failure to protect your username or password.
  5. User Content. We may provide user comment areas, message boards or other areas on the Site (“Interactive Features”) where users may post ideas, information, materials, and other user-generated content (“User Content”) and interact with other users.
    1. Rights You Grant to Us. You hereby grant to Waterfall Yoga LLC an irrevocable, perpetual, non-exclusive, transferable, sublicensable, royalty-free, worldwide right and license to use, reproduce, display, perform, distribute, and prepare derivative works of any User Content you post on the Site for any purpose and in all forms and all media, whether now known or that become known in the future, and you waive any and all claims that you may have now or may hereafter have in any jurisdiction to so-called “rental rights,” “moral rights” and all rights of “droit moral” in that User Content, even if the User Content is altered or changed in a manner not agreeable to you.
    2. No Responsibility. You are solely responsible for User Content that you post on the Site. You acknowledge and agree that Waterfall Yoga LLC is not responsible for, and does not endorse, any User Content posted on the Site.
    3. No Obligation to Prescreen, Monitor or Use. Waterfall Yoga LLC does not have, and does not undertake, any obligation to prescreen, monitor, edit, or remove any User Content from the Site. However, Waterfall Yoga LLC retains the right (but not the obligation), in its sole discretion and for any reason, to prescreen, monitor, edit, remove, or move User Content posted on the Site. You acknowledge and agree that we are not obligated to post, keep or use your User Content.
    4. Confidentiality. User Content posted on the Site using an Interactive Feature shall be deemed to be non-confidential and non-proprietary, and Waterfall Yoga LLC will not be liable for any use or disclosure of such User Content. Please be aware that any User Content you post publicly on the Site using an Interactive Feature will be accessible and viewable by other users.
  6. Online Purchases. Except as required by applicable law or as otherwise stated on the Site, all sales of Content and other products or services that may be available for purchase on the Site are final and non-returnable. Pricing and availability of all such Content and other products or services on the Site are subject to change at any time. You are responsible for any sales, use and excise taxes, and any other similar taxes, duties and charges of any kind (other than income tax) associated with the sale of Content or other products or services available for purchase on the Site.
  7. Privacy Policy. You acknowledge and agree that all personal information collected on the Site is subject to our Privacy Policy. By using the Site, you consent to all actions we take with respect to your personal information in compliance with the Privacy Policy.
  8. Electronic Communications. The communications between you and Waterfall Yoga LLC via the Site use electronic means, whether you visit the Site or send us an email, or whether we post notices on the Site or communicate with you via email. For contractual purposes, you consent to receive communications from us in electronic form, and you agree that all terms and conditions, agreements, notices, disclosures, and other communications that we provide to you electronically satisfy any legal requirement that such communications be in writing.
  9. Links to Other Websites. The Site may contain links to other websites operated by third parties. Such links are provided for your convenience only, and if you access any other websites linked to the Site you do so at your own risk. We are not responsible for the content of any such websites, or the products and services sold on them, nor are we responsible or liable for any loss or damage that may arise from your use of such websites. When you visit a linked website you should read the terms and conditions and Privacy Policy that govern that particular website. Links to other websites do not imply our endorsement of any content, advertising, products, services, or other materials on or available through such websites.
  10. Changes; Suspension and Termination.
    1. Changes to the Site. Waterfall Yoga LLC reserves the right to make changes to, suspend or discontinue (temporarily or permanently) the Site or any portion thereof (including any Content) at any time. You agree that Waterfall Yoga LLC will not be liable to you or to any third party for any such change, suspension, or discontinuance.
    2. Suspension/Termination of Access. Waterfall Yoga LLC has the right to deny access to, and to suspend or terminate your access to, the Site or to any features or portions of the Site, at any time and for any reason, including if you violate these Terms of Use. In the event that we suspend or terminate your access to and/or use of the Site, you will continue to be bound by the Terms of Use that were in effect as of the date of your suspension or termination.
  11. Disclaimers; Limitation of Liability.
    1. Medical Disclaimer. THE CONTENT ON THE SITE IS FOR GENERAL INFORMATIONAL PURPOSES ONLY, AND IS NOT INTENDED TO BE, AND MUST NOT BE TAKEN TO BE, THE PRACTICE OF MEDICAL OR PROFESSIONAL CARE, INCLUDING, WITHOUT LIMITATION, PROVIDING HEALTH OR NUTRITION CARE, TREATMENT, INSTRUCTIONS, DIAGNOSIS, PROGNOSIS OR ADVICE. YOU SHOULD NOT RELY ON ANY CONTENT AS A SUBSTITUTE FOR, NOR DOES IT REPLACE, PROFESSIONAL MEDICAL ADVICE, DIAGNOSIS, OR TREATMENT. ALWAYS SEEK THE ADVICE OF YOUR PHYSICIAN OR OTHER QUALIFIED HEALTH CARE 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 SITE. IF YOU THINK YOU MAY HAVE A MEDICAL EMERGENCY, CALL YOUR PHYSICIAN OR 911 IMMEDIATELY.
    2. Disclaimer of Warranties. THE SITE AND THE CONTENT ARE PROVIDED TO YOU ON AN “AS IS” AND “AS AVAILABLE” BASIS, WITHOUT WARRANTIES OF ANY KIND, AND WATERFALL YOGA LLC HEREBY DISCLAIMS ALL WARRANTIES, WHETHER EXPRESS, IMPLIED, STATUTORY, OR OTHERWISE, INCLUDING BUT NOT LIMITED TO ANY IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, ACCURACY, AND NON-INFRINGEMENT. NEITHER WATERFALL YOGA LLC NOR ANY PERSON ASSOCIATED WITH WATERFALL YOGA LLC MAKES ANY WARRANTY OR REPRESENTATION WITH RESPECT TO THE COMPLETENESS, SECURITY, RELIABILITY, QUALITY, ACCURACY, OR AVAILABILITY OF THE SITE OR ANY CONTENT. WITHOUT LIMITING THE FOREGOING, NEITHER WATERFALL YOGA LLC NOR ANYONE ASSOCIATED WITH WATERFALL YOGA LLC REPRESENTS OR WARRANTS THAT THE SITE OR THE CONTENT WILL BE ACCURATE, RELIABLE, ERROR-FREE, OR UNINTERRUPTED, THAT DEFECTS WILL BE CORRECTED, THAT THE SITE, CONTENT, OR THE SERVERS THAT MAKES THEM AVAILABLE ARE FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS, OR THAT THE SITE OR THE CONTENT WILL OTHERWISE MEET YOUR NEEDS OR EXPECTATIONS. SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OF CERTAIN WARRANTIES, THEREFORE, SOME OF THE ABOVE EXCLUSIONS MAY NOT APPLY TO YOU.
    3. Limitation of Liability. TO THE FULLEST EXTENT PERMITTED BY LAW, IN NO EVENT WILL WATERFALL YOGA LLC OR ITS OFFICERS, DIRECTORS, EMPLOYEES, AGENTS, LICENSORS, OR SERVICE PROVIDERS BE LIABLE TO YOU OR ANY THIRD PARTY FOR ANY DIRECT, INDIRECT, SPECIAL, INCIDENTAL, CONSEQUENTIAL, EXEMPLARY, OR PUNITIVE DAMAGES OF ANY KIND ARISING OUT OF OR IN CONNECTION WITH YOUR USE, OR INABILITY TO USE, THE SITE OR ANY CONTENT, INCLUDING, BUT NOT LIMITED TO, PERSONAL INJURY, DEATH, LOSS OF REVENUE, PROFITS, OR BUSINESS, LOSS OF USE, OR LOSS OF DATA, WHETHER CAUSED BY TORT (INCLUDING NEGLIGENCE), BREACH OF CONTRACT, OR OTHERWISE, EVEN IF FORESEEABLE. USE OF THE SITE AND ANY CONTENT IS AT YOUR SOLE RISK.
  12. Indemnification. You agree to indemnify, defend, and hold Waterfall Yoga LLC and its officers, directors, employees, agents, licensors, and service providers harmless from and against any claims, liabilities, losses, damages, judgments, awards, costs, and expenses (including reasonable attorneys’ fees) arising out of or resulting from your use of the Site and/or any Content or any violation of these Terms of Use or applicable law. We reserve the right, at our own expense, to assume the exclusive defense and control of any action subject to indemnification by you, and in such event you agree to cooperate with us in defending such action. Your indemnification, defense, and hold harmless obligations will survive the termination of your use of the Site and/or these Terms of Use.
  13. Copyright Infringement. Waterfall Yoga LLC take claims of copyright infringement seriously. It is Waterfall Yoga LLC’s policy to disable and/or terminate the accounts of users who post materials that infringe the rights of third parties.
  14. We will respond to notices of alleged copyright infringement that comply with applicable law. If you believe any Content accessible on the Site infringes your copyright, you may request removal of such Content (or access thereto) from the Site by submitting written notification to our copyright agent designated below. In accordance with the Online Copyright Infringement Liability Limitation Act of the Digital Millennium Copyright Act (17 U.S.C. § 512) (“DMCA”), your written notice of alleged copyright infringement must include substantially the following:
    • your physical or electronic signature;
    • identification of the copyrighted work you believe to have been infringed or, if the claim involves multiple works on the Site, a representative list of such works;
    • identification of the Content you believe to be infringing in a sufficiently precise manner to allow us to locate that Content;
    • adequate information by which we can contact you (including your name, postal address, telephone number and, if available, email address);
    • a statement that you have a good faith belief that use of the copyrighted material is not authorized by the copyright owner, its agent or the law;
    • a statement that the information in your written notice is accurate; and
    • a statement, under penalty of perjury, that you are authorized to act on behalf of the copyright owner.

    • Our designated agent to receive DMCA notices is:
    • Waterfall Yoga LLC c/o Sarah Cummins
    • 8221 E Cannon Dr Wichita, KS 67210
    • waterfallyogallc@gmail.com
    • *NOTE: This contact information is for inquiries regarding potential copyright infringement only.
    • If you fail to comply with all of the requirements of Section 512(c)(3) of the DMCA, your DMCA notice may not be effective. Please be aware that if you knowingly materially misrepresent that Content on the Site is infringing your copyright, you may be held liable for damages (including costs and attorneys’ fees) under Section 512(f) of the DMCA.
  15. General Terms.
    1. Geographic Restrictions. Waterfall Yoga LLC is based in the State of Alabama in the United States. We make no claims that the Site or the Content are accessible or appropriate outside of the United States. Access to the Site may not be legal by certain persons or in certain countries. If you access the Site from outside the United States, you do so on your own initiative and are responsible for compliance with local laws.
    2. Governing Law; Jurisdiction and Venue. These Terms of Use and any dispute or claim arising out of or related to these Terms of Use, their subject matter, or their formation (in each case, including non-contractual disputes or claims) shall be governed by and construed in accordance with the laws of the State of Alabama, without giving effect to any choice or conflict of law provision or rule. Any legal suit, action, or proceeding arising out of or related to these Terms of Use or the Site (including any Content) shall be instituted exclusively in the federal or state courts located in Montgomery, Alabama. You agree to waive any and all objections to the exercise of jurisdiction over you by such courts and to venue in such courts.
    3. 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 OR THE SITE (INCLUDING ANY CONTENT) MUST BE COMMENCED WITHIN ONE (1) YEAR AFTER THE CAUSE OF ACTION OR CLAIM ACCRUES, OTHERWISE, SUCH CAUSE OF ACTION OR CLAIM IS PERMANENTLY BARRED.
    4. Waiver of Jury Trial. YOU HEREBY IRREVOCABLY WAIVE ALL RIGHT TO TRIAL BY JURY IN ANY ACTION, SUIT, PROCEEDING, CLAIM, OR COUNTERCLAIM ARISING OUT OF OR RELATING TO THESE TERMS OF USE OR THE SITE (INCLUDING ANY CONTENT).
    5. Waiver and Severability. Our failure to exercise or enforce any right or provision of these Terms of Use will not constitute a waiver of such right or provision. If any provision of these Terms of Use is held by a court of competent jurisdiction to be invalid, illegal, or unenforceable for any reason, such provision shall be eliminated or limited to the minimum extent possible, and the remaining provisions of these Terms of Use will continue in full force and effect.
    6. Entire Agreement; No Third-Party Beneficiaries. These Terms of Use, including our Privacy Policy and any applicable additional terms, constitute the sole and entire agreement between you and Waterfall Yoga LLC with respect to the subject matter hereof, and supersede and replace all prior or contemporaneous understandings or agreements, written or oral, regarding such subject matter. These Terms of Use are not intended to benefit any third party, and do not create any third party beneficiaries. Accordingly, these Terms of Use may only be invoked or enforced by you or Waterfall Yoga LLC.
  16. Contact Us. If you have any questions about the Site or these Terms of Use, you may email us at waterfallyogallc.com, or contact us using our online Contact Form.

© 2024 Waterfall Yoga LLC. 715 Arcadia Circle NW Huntsville, AL 35801