Last updated: July 25, 2018

Welcome to www.zenworksyoga.com, our mobile and set-top box applications (“Applications”), the web “micro-sites”, and our pages on Twitter.com, Facebook.com, Google.com, Pinterest.com, and Instagram.com (collectively, the “Site”). The Site is owned and operated by ZENworks Yoga (“ZENworks Yoga”, “we”, “us” or “our”). PLEASE READ THIS AGREEMENT CAREFULLY.

Agreement to Terms
These Terms set forth an agreement between you and ZENworks Yoga. By using the Site and/or Applications, you agree to be bound by these Terms.

Use of the site, use of ZENworks Yoga’s applications (as defined in section 1 below) or registration on the Site constitutes your consent to be bound by these terms of use (“Terms”).

Privacy Policy
Please refer to our Privacy Policy for information on how we collect, use and disclose information from our users. You acknowledge and agree that your use of the Site and Applications is subject to our Privacy Policy.

Privacy Notice for Educators:

Family Educational Rights and Privacy Act (“FERPA”)

In the event that ZENworks Yoga is used in an educational institution that is subject to the provisions of the Family Educational Rights and Privacy Act (FERPA), the educational institution appoints ZENworks Yoga as a “school official” as that term is used in FERPA, and determines that ZENworks Yoga has a “legitimate educational interest,” for providing the Services. ZENworks Yoga agrees to be bound by all relevant provisions of FERPA, and agrees that personally identifiable student information as defined in FERPA will remain under the “direct control” of the educational institution, will be used only to provide the Services to the student, and will only be disclosed to third parties as necessary to provide the Services.

Children’s Online Privacy Protection Act (“COPPA”)

In the event that students under the age of 13 are authorized by their educational institution to create an account and submit personal information as defined in COPPA, the educational institution shall be responsible for obtaining verifiable parental consent prior to making the Service available to such such students.

When ZENworks Yoga is used in the home, authorized by a parent or legal guardian, ZENworks Yoga shall obtain verifiable parental consent prior to permitting a child under the age of 13 to use ZENworks Yoga.

Changes to Terms
We may modify the Terms at any time, in our sole discretion. If we do so, we’ll let you know either by posting the modified Terms on the Site or through other communications. It’s important that you review the Terms whenever we modify them because if you continue to use the Site or Applications after we have posted modified Terms on the Site, you are indicating to us that you agree to be bound by the modified Terms. If you don’t agree to be bound by the modified Terms, then you may not use the Site or Applications anymore. Because our Site and Applications are evolving over time we may change or discontinue all or any part of the Services, at any time and without notice, at our sole discretion.

Accounts
ZENworks Yoga requires You to create an account to use Some parts of the Site and to use the Applications. IF YOU ARE UNDER THE AGE OF 13, YOU ARE NOT PERMITTED TO REGISTER AS A USER OR OTHERWISE SUBMIT PERSONAL INFORMATION TO ZENworks Yoga WITHOUT PARENTAL CONSENT.

If You create an account, You agree to provide, maintain, and update true, accurate, current, and complete information about Yourself in the registration process. You shall not impersonate any person or entity or misrepresent Your identity or affiliation with any person or entity, including using another person, company, or school’s name, likeness, voice, image(s), or photograph(s). You also agree to promptly notify ZENworks Yoga with any questions of any unauthorized use of Your username, password, other account information, or any other breach of security that You become aware of involving or relating to the Site. You are solely responsible for the use, protection and confidentiality of Your password and account ID, whether or not such use is or was actually or expressly authorized by You. You shall not allow others to use this Site under Your password or account ID.

Binding Agreement
Under these Terms, ZENworks Yoga offers users the ability to (i) use the Site; (ii) use the Applications; and (iii) provide feedback and/or other material to ZENworks Yoga. By accessing, browsing, linking, and/or downloading information from the Site, creating an account, and/or using the Applications, as applicable, you and the entity or organization that you represent (“You” or “Your”) are each deemed to have read, understood, and agreed to be bound by each of the terms, conditions, and notices in this Agreement (the “AGREEMENT”).

This Agreement constitutes the entire agreement between You and ZENworks Yoga with respect to any use of this Site and it supersedes all prior and contemporaneous agreements or arrangements between ZENworks Yoga and You in relation to the Site. A printed version of this Agreement and of any notice given in electronic form will be admissible in judicial or administrative proceedings based upon or relating to this Agreement to the same extent and subject to the same conditions as other business documents and records.

If You do not understand or agree to each of the terms, conditions and notices in this Agreement, You should not access, browse or otherwise use this Site.

Content Ownership and Rights
For purposes of these Terms, “Content” means text, graphics, images, music, software, audio, video, works of authorship of any kind, and information or other materials that are posted, generated, provided or otherwise made available through the Site and Applications.

ZENworks Yoga and its licensors and partners exclusively own all right, title and interest in and to the Site, Applications and Content, including all associated intellectual property rights. You acknowledge that the Site, Applications and Content are protected by copyright, trademark, and other laws of the United States and foreign countries. You agree not to remove, alter or obscure any copyright, trademark, service mark or other proprietary rights notices incorporated in or accompanying the Site, Applications or Content.

Grant of License
So long as you comply with these Terms, we grant you a limited, non-exclusive, non-transferable, non-sublicenseable license to view and use the Site. All rights not granted herein are reserved by ZENworks Yoga. Your usage of the Site is subject at all times to these Terms and the licenses ZENworks Yoga grants to you.

The licenses granted to you are conditioned upon your proper conduct and compliance with these Terms at all times, as judged by ZENworks Yoga in its sole discretion and judgment. We reserve the right to suspend or deny, in our sole discretion, your access to all or any portion of the Site or any Application.

License Limitations
The licenses granted to you will be revoked (with or without notice) and ineffective if you:

  • (a) are under age 18 and have not obtained the consent of your parent or legal guardian;
  • (b) use any robot, spider, bot or other automatic device or manual process to monitor or copy any portion of a Site or the Applications without our prior written permission;
  • (c) use any device, software or routine to damage, over-burden or impair the Site or any Applications, which includes the use of a jail-broken or rooted device or tool that enables the operation of the Site or an Application in a manner that is other than what we intended;
  • (d) take any action that imposes an unreasonable or disproportionately large load on our infrastructure or interferes with any other user’s ability to use or access the Site or any Application;
  • (e) copy, reproduce, alter, modify, transfer, lease, loan, sell, create derivative works, or publicly display any Application or content from the Site or a portion of an Application or the Site;
  • (f) alter or modify the copyright notices and any other proprietary legends that appear on the Site or any Application;
  • (g) access the Site by any means other than through the public interfaces we provide to you;
  • (h) are located in a country embargoed by the United States or if you are on the U.S. Treasury Department’s list of Specially Designated Nationals;
  • (i) have previously had your license to the Site and/or Applications revoked by ZENworks Yoga;
  • (j) engage in any act that ZENworks Yoga deems to be in conflict with the spirit or intent of these Terms, the Site or the Applications, including, but not limited to, circumventing or manipulating these Terms, our game rules, game mechanics or policies;
  • (k) make improper use of ZENworks Yoga customer service or other support services, including by submitting false reports or using profane and abusive language in your communications with any ZENworks Yoga employee or representative; or
  • (l) fail to comply with any of the provisions of these Terms.

Links to Third Party Websites or Resources
The Site and Applications may contain links to third-party websites or resources. We provide these links only as a convenience and are not responsible for the content, products or services on or available from those websites or resources or links displayed on such sites. You acknowledge sole responsibility for and assume all risk arising from, your use of any third-party websites or resources.

Termination
We may terminate your access to and use of the Site and Applications at our sole discretion, at any time and without notice to you. Users may request deletion of their accounts by emailing support@zenworks.ny001.rndpxl.net. When you delete your account all of your information is permanently deleted, and cannot be recovered.

Upon any termination, deletion or cancellation of your Account, all provisions of these Terms which by their nature should survive will survive, including, without limitation, ownership provisions, warranty disclaimers, limitations of liability.

Prohibitions
You agree not to do any of the following:

  • Use, display, mirror or frame the Site, or any individual element within the Site, ZENworks Yoga’s name, any ZENworks Yoga trademark, logo or other proprietary information, or the layout and design of any page or form contained on a page, without ZENworks Yoga’s express written consent;
  • Access, tamper with, or use non-public areas of the Site, ZENworks Yoga’s computer systems, or the technical delivery systems of ZENworks Yoga’s providers;
  • Attempt to probe, scan, or test the vulnerability of any ZENworks Yoga system or network or breach any security or authentication measures;
  • Avoid, bypass, remove, deactivate, impair, descramble or otherwise circumvent any technological measure implemented by ZENworks Yoga or any of ZENworks Yoga’s providers or any other third party (including another user) to protect the Site;
  • Attempt to access or search the Site or download Collective Content from the Site through the use of any engine, software, tool, agent, device or mechanism (including spiders, robots, crawlers, data mining tools or the like) other than the software and/or search agents provided by ZENworks Yoga or other generally available third party web browsers;
  • Send any unsolicited or unauthorized advertising, promotional materials, email, junk mail, spam, chain letters or other form of solicitation;
  • Use any meta tags or other hidden text or metadata utilizing a ZENworks Yoga trademark, logo URL or product name without ZENworks Yoga’s express written consent;
  • Use the Site for any commercial purpose or the benefit of any third party or in any manner not permitted by these Terms;
  • Forge any TCP/IP packet header or any part of the header information in any email or newsgroup posting, or in any way use the Site to send altered, deceptive or false source-identifying information;
  • Attempt to decipher, decompile, disassemble or reverse engineer any of the software used to provide the Site;
  • Interfere with, or attempt to interfere with, the access of any user, host or network, including, without limitation, sending a virus, overloading, flooding, spamming, or mail-bombing the Site;
  • Collect or store any personally identifiable information from the Site from other users of the Site without their express permission;
  • Impersonate or misrepresent your affiliation with any person or entity;
  • Violate any applicable law or regulation; or
  • Encourage or enable any other individual to do any of the foregoing.

Although we’re not obligated to monitor access to or use of the Site, we have the right to do so for the purpose of operating the Site, to ensure compliance with these Terms, and to comply with applicable law or other legal requirements. We have the right to investigate violations of these Terms or conduct that affects the Site and Applications.

Membership, Free Trials, Billing and Cancellation

Membership

Ongoing Membership. Your ZENworks Yoga membership, which may start with a free trial, will continue month-to-month and automatically renew unless and until you cancel your membership or we terminate it. You must have Internet access and provide us with a current, valid, accepted method of payment (as such may be updated from time to time, “Payment Method”) to use the ZENworks Yoga service. We will bill the monthly membership fee to your Payment Method. You must cancel your membership before it renews each month in order to avoid billing of the next month’s membership fees to your Payment Method.

Differing Memberships. We may offer a number of membership plans, including special promotional plans or memberships with differing conditions and limitations. Any materially different terms from those described in these Terms of Use will be disclosed at your sign-up or in other communications made available to you. You can find specific details regarding your membership with ZENworks Yoga by visiting our website and clicking on the “Your Account” link.

Free Trials

Your ZENworks Yoga membership may start with a free trial. The free trial period of your membership lasts for 14 days, or as otherwise specified during sign-up. For combinations with other offers, restrictions may apply. Free trials are for new and certain former members only. ZENworks Yoga reserves the right, in its absolute discretion, to determine your free trial eligibility.

We will begin billing your Payment Method for monthly membership fees at the end of the free trial period of your membership and your membership will automatically renew monthly unless you cancel prior to the end of the free trial period. To view the specific details of your membership, including monthly membership price and end date of your free trial period, visit our website and click the “Subscription” link on the “Settings” tab. We may authorize your Payment Method through various methods, including authorizing it up to approximately 14 days of service as soon as you register. In some instances, your available balance or credit limit may be reduced to reflect the authorization during your free trial period.

CLICK THE “SUBSCRIPTION” TAB WITHIN THE “SETTINGS” PAGE ON YOUR DASHBOARD PAGE (www.zenworksyoga.com) TO FIND CANCELLATION INSTRUCTIONS. We will continue to bill your Payment Method on a monthly basis for your membership fee until you cancel.

Billing

Recurring Billing. By starting your ZENworks Yoga membership and providing or designating a Payment Method, you authorize us to charge you a monthly membership fee at the then current rate to your Payment Method.

Price Changes. We reserve the right to adjust pricing for our service or any components thereof in any manner and at any time as we may determine in our sole and absolute discretion. Except as otherwise expressly provided for in these Terms of Use, any price changes to your service will take effect following email notice to you.

Billing Cycle. The membership fee for our service will be billed at the beginning of the paying portion of your membership and each month thereafter unless and until you cancel your membership. We automatically bill your Payment Method each month on the calendar day corresponding to the commencement of your paying membership. Membership fees are fully earned upon payment. We reserve the right to change the timing of our billing, in particular, as indicated below, if your Payment Method has not successfully settled. In the event your paying membership began on a day not contained in a given month, we may bill your Payment Method on a day in the applicable month or such other day as we deem appropriate. For example, if you started your ZENworks Yoga membership or became a paying member on January 31st, your next payment date is likely to be February 28th, and your Payment Method would be billed on that date. Your renewal date may change due to changes in your Membership. We may authorize your Payment Method in anticipation of membership or service-related charges. As used in these Terms of Use, “billing” shall indicate a charge, debit or other payment clearance, as applicable, against your Payment Method. Unless otherwise stated differently, month or monthly refers to your billing cycle.

No Refunds. PAYMENTS ARE NONREFUNDABLE AND THERE ARE NO REFUNDS OR CREDITS FOR PARTIALLY USED PERIODS. Following any cancellation, however, you will continue to have access to the service through the end of your current billing period. At any time, and for any reason, we may provide a refund, discount, or other consideration to some or all of our members (“credits”). The amount and form of such credits, and the decision to provide them, are at our sole and absolute discretion. The provision of credits in one instance does not entitle you to credits in the future for similar instances, nor does it obligate us to provide credits in the future, under any circumstance.

Payment Methods. You may edit your Payment Method information by visiting our website and clicking on the “Subscription” tab, within the “Settings” page on your “Dashboard” page. If a payment is not successfully settled, due to expiration, insufficient funds, or otherwise, and you do not edit your Payment Method information or cancel your account (see, “Cancellation” below), you remain responsible for any uncollected amounts and authorize us to continue billing the Payment Method, as it may be updated. This may result in a change to your payment billing dates. We may update your Payment Method with information provided by the applicable payment service provider, and you authorize us to continue to charge the membership fee to the updated Payment Method. For certain Payment Methods, the issuer of your Payment Method may charge you a foreign transaction fee or other charges. Check with your Payment Method service provider for details.

Cancellation. You may cancel your ZENworks Yoga membership at any time, and you will continue to have access to the ZENworks Yoga service through the end of your monthly billing period. WE DO NOT PROVIDE REFUNDS OR CREDITS FOR ANY PARTIAL-MONTH MEMBERSHIP PERIODS OR UNWATCHED ZENWORKS YOGA CONTENT. To cancel, go to the “Subscription” page on our website and follow the instructions for cancellation. If you cancel your membership, your account will automatically close at the end of your current billing period.

Modification of Site
ZENworks Yoga may, at any time and in its sole discretion, revise, modify, or otherwise change this Site, in whole or in part, without notice to You.

Availability and Use of Site
The availability of this Site depends on many factors, including some factors that are beyond ZENworks Yoga’s control, such as Your connection to the Internet and the Internet backbone. ZENworks Yoga shall not be liable to You if You cannot access the Site due to reasons that are beyond ZENworks Yoga’s control. You may not upload to, or distribute or otherwise publish through, this Site any content, information, or other material that (a) violates or infringes the rights of any persons, including without limitation, rights in copyrights, patents, trademarks, servicemarks, trade secrets, and other proprietary rights; (b) is libelous, threatening, defamatory, obscene, indecent, pornographic, or could give rise to any civil or criminal liability under U.S. or international law; or (c) includes any bugs, viruses, worms, trap doors, Trojan horses or other harmful code or properties.

To request permission to modify or redistribute Content for commercial purposes, please contact:

ZENworks Yoga
33565 Bainbridge Rd, Suite 108
Solon, OH 44139

Notice of Infringement
If You believe that Your intellectual property has been used or copied in a way that constitutes copyright or other intellectual-property infringement and such infringement is occurring on this Site or on sites linked to or from this Site, please provide ZENworks Yoga’s Copyright Agent a notice containing the following elements:

  • a physical or electronic signature of the person authorized to act on behalf of the owner of the copyright interest that is alleged to have been infringed;
  • a description of the work(s) that You claim have been infringed and an identification of what material in such work(s) is claimed to be infringing;
  • a description of where the material that You claim is infringing is located on this Site;
  • information sufficient to permit to ZENworks Yoga to contact You, such as Your address, telephone number, and email address;
  • a statement by You that You have a good faith belief that the use of the material identified in the notice is not authorized by the copyright owner, its agent, or applicable law; and
  • a statement by You that the information in the notice is accurate and, under penalty of perjury, that You, as the complaining party, are authorized to act on behalf of the owner of an exclusive right that is allegedly infringed.

Inquiries that do not follow this procedure may not receive a response. Upon receiving a claim of infringement, ZENworks Yoga may, in its discretion, remove or disable the material claimed to be infringed.

Please be advised that if You materially misrepresent that material is infringing Your intellectual property, You may be liable for damages (including costs and attorneys’ fees). If You are not sure whether the material infringes on Your intellectual property, You should consider contacting an attorney before contacting ZENworks Yoga.

Pursuant to Section 512(c) of the Copyright Revision Act, as enacted through the Digital Millennium Copyright Act, ZENworks Yoga designates the following as its agent for receipt of notifications of claimed copyright or other intellectual-property infringement:

By mail:
Intellectual Property Claim,
ZENworks Yoga
33565 Bainbridge Rd, Suite 108
Solon, OH 44139

By email: support@zenworks.ny001.rndpxl.net

How to Respond to a Claimed Infringement
If ZENworks Yoga removes or disables the material claimed to be infringing, ZENworks Yoga will take reasonable steps to notify the owner of the material of the claim, and the owner will then have the option to send ZENworks Yoga a counter-notice why the content does not infringe another’s intellectual-property rights and requesting reinstatement of the content. The counter-notice must be in writing and include the following information:

  • The owner’s physical or electronic signature;
  • Identification of the material that has been removed or to which access has been disabled and the location at which the material appeared before it was removed or access to it was disabled;
  • The following statement by the owner: “I declare, under penalty of perjury, that I have a good-faith belief that the material was removed or disabled as a result of mistake or misidentification of the material to be removed or disabled”; and
  • The owner’s name, address, and telephone number, and the following statement by the owner: “I consent to the jurisdiction of the Federal District Court for the judicial district in which my address listed in this notice is located, or if my address is outside of the United States, for any judicial district in which ZENworks Yoga may be found, and I will accept service of process from the person who provided notification of infringement or an agent of such person.”

If we receive a counter-notice under these provisions, we may send a copy of the counter-notice to the original complaining party informing that person that we may replace the removed material or cease disabling it in 10 business days. Unless the original complaining party files an action seeking a court order against the individual or entity who placed the content, the removed material may be replaced or access to it restored in 10 to 14 business days after receipt of the counter-notice, at ZENworks Yoga’s discretion.

Links to this Site
You may hyperlink to the home page of zenworksyoga.com from any Acceptable Site (as defined below); provided, however, that You comply with the following conditions:

  • You may not frame the Site or any portion of the Site;
  • The hyperlink to the Site is not used in a way that suggests that ZENworks Yoga endorses You or Your website or is affiliated with or sponsors Your website;
  • You obtain ZENworks Yoga’s prior written approval if You intend to use any logos, trademarks, or other copyrighted material for such link;
  • The link to the Site is not used or presented in any way that disparages ZENworks Yoga or tarnishes, blurs or dilutes the quality of ZENworks Yoga’s name or trademark or any associated goodwill;
  • Any link or authorized logo used as a link include appropriate legends or other proprietary notices; and
    You agree that ZENworks Yoga may terminate Your right to link or hyperlink to the Site at anytime for any reason or for no reason, subject to the terms of this Agreement.

An Acceptable Site means a website that displays no objectionable content, including, but not limited to, any content, information in any medium or format, such as text, data, graphics, audio or video, that: (i) is libelous or defamatory, pornographic, sexually explicit, unlawful or plagiarized; (ii) a reasonable person would consider harassing, abusive, threatening, harmful, profane, obscene, racially, ethnically or otherwise objectionable or offensive in any way; (iii) constitutes a breach of any person’s privacy or publicity rights, a misrepresentation of facts, hate speech or an infringement or any third party’s intellectual property or proprietary rights of any kind, including without limitation, copyright, patent, trademark, industrial design, trade secret, confidentiality or moral rights; or (iv) violates or encourages others to violate any applicable law.

Warranty Disclaimer
You expressly agree that Your use of the Site is at Your sole risk. THE SITE AND ALL CONTENT AND SERVICES THEREIN ARE PROVIDED ON AN “AS-IS” AND “AS AVAILABLE” BASIS. THE CONTENT PUBLISHED ON THIS SITE MAY INCLUDE INACCURACIES, MISTAKES OR TYPOGRAPHICAL ERRORS. ZENWORKS YOGA MAKES NO REPRESENTATIONS OR WARRANTIES OF ANY KIND, EXPRESS OR IMPLIED, IN TERMS OF THE SITE’S CORRECTNESS, ACCURACY, RELIABILITY, OR OTHERWISE WITH RESPECT TO YOUR USE OR THE RESULTS OF THE USE OF ANY CONTENT ON THE SITE. ZENWORKS YOGA DOES NOT WARRANT THAT THE CONTENT WILL BE UNINTERRUPTED OR ERROR FREE AND SHALL HAVE NO LIABILITY FOR ANY INTERRUPTIONS, ERRORS, COMPUTER VIRUSES OR OTHER HARMFUL COMPONENTS IN THE USE OF THIS SITE. ZENWORKS YOGA DISCLAIMS ANY AND ALL REPRESENTATIONS AND WARRANTIES, EXPRESS OR IMPLIED, INCLUDING WITHOUT LIMITATION THE IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, NONINFRINGEMENT, TITLE, QUIET ENJOYMENT, DATA ACCURACY AND SYSTEM INTEGRATION. THIS INCLUDES LOSS OF DATA OR PROFIT ARISING OUT OF THE USE OR INABILITY TO USE THE CONTENT OF THE SITE. ZENWORKS YOGA DOES NOT WARRANT THAT DEFECTS IN ANY CONTENT OR INFORMATION ACCESSED THROUGH THE SITE WILL BE CORRECTED OR THAT THE SITE OR THE SERVER THAT MAKES CONTENT OR INFORMATION AVAILABLE IS FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS.

Limitation of Liability
IN CONSIDERATION FOR YOUR USE OF AND ACCESS TO THE SITE, TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, YOU AGREE THAT IN NO EVENT WILL ZENWORKS YOGA, ITS AFFILIATED OR RELATED ENTITIES, ITS CONTENT PROVIDERS, PARENTS, SUBSIDIARIES, MEMBERS, OFFICERS, DIRECTORS, EMPLOYEES, AGENTS, REPRESENTATIVES, SPONSORS OR SERVICE PROVIDERS, OR ANY OTHER PARTY INVOLVED IN CREATING, PRODUCING OR DELIVERING THIS SITE, BE LIABLE TO YOU OR TO ANY THIRD PARTY, FOR ANY DIRECT, INDIRECT, SPECIAL, CONSEQUENTIAL, INCIDENTAL, EXEMPLARY OR PUNITIVE DAMAGES, OR DAMAGES FOR LOST PROFITS, LOSS OF REVENUE, LOSS OF USE, OR OTHER DAMAGE, INJURY, CLAIM, LIABILITY, OR OTHER CAUSE OF ANY KIND OR CHARACTER WHATSOEVER ARISING OUT OF, BASED UPON OR RESULTING FROM ANY USE OF THE SITE, INFORMATION PROVIDED ON THE SITE, ANY ACT OR OMISSION PERFORMED BY YOU OR ANY OTHER PERSON IN RELIANCE UPON THE CONTENT OF THE SITE, OR THE INABILITY TO USE THE SITE, WHETHER SUCH DAMAGES ARISE IN CONTRACT, NEGLIGENCE, TORT, UNDER STATUTE, IN EQUITY, AT LAW, OR OTHERWISE, EVEN IF YOU ADVISE ZENWORKS YOGA OR ITS REPRESERNTATIVES OR THE SAME ARE OTHERWISE AWARE OF THE POSSIBILITY OF ANY SUCH CLAIM OR DAMAGE. Some jurisdictions do not allow for the limitation or exclusion of liability for incidental or consequential damages. In those jurisdictions, ZENworks Yoga’s liability is limited to the greatest extent permitted by law.

Relationship of Parties
You acknowledge that no joint venture, partnership, employment, or agency relationship exists between You and ZENworks Yoga as a result of this Agreement or any use of this Site. You agree not to hold yourself out as a representative, agent, or employee of ZENworks Yoga and shall not be liable for any representation, act or omission made by You.

Assignment
You shall not assign this Agreement or any of Your rights and obligations under this Agreement. This Agreement shall inure to the benefit of ZENworks Yoga’s successors, assigns and licensees.

Governing Law and Jurisdiction
This Site is operated and provided in the State of Ohio. As such, this Agreement is governed by and subject to the laws of the State of Ohio, U.S.A. without regard to the conflicts of laws principles thereof. You consent to the exclusive jurisdiction and venue of the state and federal courts in Cuyahoga County, Ohio, U.S.A. in all disputes arising out of or relating to the use of this Site, and consent to personal jurisdiction and venue in the state and federal courts in Cuyahoga County, Ohio, with respect to all such disputes. You agree that any legal issues arising from or related to Your use of the Site shall be construed in accordance with, and all questions with respect thereto shall be determined by, the laws of the State of Ohio applicable to contracts entered into and wholly to be performed within Ohio. ZENworks Yoga makes no representation that the Site is appropriate, lawful or available for use in other jurisdictions or locations. Accordingly, if You choose to use the Site, You agree to do so subject to the internal laws of the State of Ohio.

Severability
If any term or provision of this agreement is held to be invalid, illegal or unenforceable for any reason, the remaining portions of this Agreement (and any partially-enforceable provision) shall not be affected thereby and shall continue to be valid and enforceable to the maximum possible extent and the invalid, illegal or enforceable term or provision will be amended and limited to give effect to the intent of the parties as determined from the face of this agreement, to the extent necessary to validate such term or provision.

Reservation of Rights
ZENworks Yoga reserves to itself any and all rights not expressly granted herein.

Other Terms
ZENworks Yoga’s failure to insist on or enforce strict performance of any provision of this Agreement shall not be construed as a waiver of any provision or right. The Privacy Policy is a binding part of this Agreement, and together with this Agreement constitutes the entire agreement between ZENworks Yoga and You with respect to Your use of this Site. Any cause of action You may have with respect to Your use of this Site or that is the subject of this Agreement must be commenced within one (1) year after the claim or cause of action arises.

ZENworks Yoga is hosted and operated in the United States. If you use the Services from outside the United States, please be aware that the information you provide to us is transmitted to, processed and stored in the United States, and by using the Services you agree to this. Data will be protected subject to this Privacy Policy and applicable privacy laws in the United States and in the EU. These laws may be different from the privacy laws in your country. However, this does not change our commitments to safeguard your privacy, and we will comply with all applicable laws relating to the cross-border transfer of your personal information.

 

INFORMATION WE COLLECT

 

Information provided by users:

Educators:

When an educator registers, we collect first name, last name, email address, zip/postal code, password, and address as well as billing information to complete the transaction.

 

Families:

To create a family account, the parent or legal guardian registers by providing first name, last name, email address, zip/postal code, password, and address as well as billing information to complete the transaction.

 

Communications:

Educators and parents have the option to provide an email address in order to sign up to receive email communications from ZENworks Yoga about our products and services. Parents may also receive communications about their family’s use of ZENworks Yoga. Users may opt out of these communications at any time via the “Opt Out Policy” as described below.

 

In addition, when users provide us with feedback through the “contact us” or other customer support forums, we will collect that information to respond to their concern.

 

Information we automatically collect from all users:

Like many website owners and operators, we use automated data collection tools such as Cookies and Web Beacons to collect certain information.

 

A cookie is a small data file sent from a website or application and stored on your computer or device. Cookies allow us to recognize your browser when you return to our Services and to remember your login information. Cookies also allow us to serve certain features, to better understand how you interact with our Services, and to review aggregated usage. You can set your browser to detect some cookies, stop accepting cookies or prompt you before accepting cookies. Refer to your browser instructions or help screen to learn more about these functions. Please note, however, that if you don’t accept Cookies you may not be able to access all portions or features of our Service.

 

Web Beacons are tiny graphics with a unique identifier that may be included on our Services for several purposes, including to deliver or communicate with Cookies, to track and measure the performance of our Services, and to monitor how many visitors view our Services. Unlike Cookies, which are stored on the device, Web Beacons are typcially embedded invisibly on web pages or in an e-mail.

 

By using our Services, you agree to our use of these tracking technologies.

 

Log Data refers to certain information about how a user (including both Account holders and non-Account holders) uses our Services. Log Data may include information such as a user’s Internet Protocol address, browser type, operating system, the pages or features of our Services to which a User browsed and the time spent on those pages or features, search terms, the links on our Services that a user clicked on, and other statistics. We use Log Data to administer the Services and we analyze (and may engage third parties to analyze) Log Data to improve, customize, and enhance our Services or tailor our Services to our user’s needs.

 

You may be given the option to receive push notifications while using our Services. In order to serve push notifications, ZENworks Yoga may need to collect your IP address and a persistent identifier from your device. You can turn off push notifications in your device settings.

 

We collect certain information that your mobile device, laptop, or other device sends when you use our Services, like a device identifier, user settings, and the operating system of your device, as well as information about your use of our Services.

 

A Note About Third Party Tracking and Our Website

We do not serve targeted advertising; however, when you use the Internet, unaffiliated parties such as ad networks, web analytics companies and social networking platforms may collect information about your online activities over time and across our and other websites. This information may be used to provide advertisements for products and services that may interest you, and those companies may use cookies, clear GIFs and other tracking technologies. ZENworks Yoga does not track your activity across different websites or online services. We do not honor “do not track” signals transmitted by web browsers. We encourage you to visit the following links if you would like to opt out of certain tracking conducted by unaffiliated third parties.

 

For more information about third-party advertisers and how to prevent them from using your information, visit the NAI’s consumer website at http://www.networkadvertising.org/choices or http://www.aboutads.info/choices/. If you do want to opt out using these tools, you need to opt out separately for each of your devices and for each web browser (such as Internet Explorer, Firefox or Safari) that you use on each device.

 

HOW WE USE THE INFORMATION WE COLLECT

Protecting the personal information of our users is an important part of our business. We do not sell or rent user information to anyone. Our primary goal in collecting information is to provide and improve our Services, to administer your use of ZENworks Yoga, and to enably you to enjoy and easily navigate our Services. We will use your personal information to:

 

Provide Services, communicate with you, and provide user support.

Customize your experience.

Measure and improve our services.

Send you relevant emails and communications that may be of interest to you (with the ability to opt out of such communication). For example, we may communicate with educators about their students’s use of ZENworks Yoga, to let them know about updates to the Services, or to notify them of offers related to ZENworks Yoga that may be of interest.

Enforce our agreements, terms, conditions, and policies.

To get the consent of the parent when Children initiate account creation.

Information Shared with Third Parties

We will not share any personal information that we have collected from or regarding you except as described below:

 

Information Shared with Our Services Providers

We may engage third-party services providers that help us administer and provide the Services (for example, a web hosting company whose services we use to host our platform). These third-party services providers have access to your Personal Information only for the purpose of performing services on our behalf.

 

Please keep in mind that, to the extent a third-party service provider needs to access your information in order to perform services to us, we share your information with that provider. We require that any third-party service providers limit their use of your information solely to providing services to us and that they maintain the confidentiality, security, and integrity of your information and not make unauthorized use or disclosure of the information.

 

Aggregated Information Shared with Other Third Parties

We may share anonymized or aggregated data we collect from the use of the Services, such as de-identified demographic information, de-identified location information, information about the computer or device from which you access the Services, market trends, and other analysis that we create based on the information we receive from you and other users.

 

We may share aggregated, deidentified information with our sponsors to let them know how many users viewed and interacted with their materials. This information does not identify any individual or educational institution. We may also provide aggregate information about teacher use of ZENworks Yoga to their education institution administrator.

 

Google Analytics

ZENworks Yoga uses a tool called “Google Analytics” to collect information about users of the ZENworks Yoga. Google Analytics collects information such as how often users visit our website site, what pages they visit when they do so, and what other sites they used prior to coming to our website. We use the information we get from Google Analytics to analyze performance on ZENworks Yoga, improve our services, including to help customize our website for users. Google Analytics places cookies on your computer, to help us analyze how users use ZENworks Yoga. The information generated by the cookie about your use of ZENworks Yoga (including your IP address) will be transmitted to and stored by Google on servers in the United States. Google will use this information for the purpose of evaluating your use of the Services, compiling reports on website activity for us. By using this Site, you consent to the processing of data about you by Google in the manner and for the purposes set out above. Google’s ability to use and share information collected by Google Analytics about your visits to this site is restricted by the Google Analytics Terms of Use and the Google Privacy Policy. You can prevent Google Analytics from collecting information about you and recognizing you on return visits to our website by disabling cookies on your browser.

 

We use and disclose your personal information only for the purposes described above and for the following:

 

To investigate a suspected violation of our Terms of Service, suspected fraud or other unlawful activity;

As may be required by law or by a court order, in which case we shall attempt to notify you and work with you to seek to limit the scope of the required disclosure;

To our third party service providers to allow them to provide features on our behalf;

In the event of a reorganization, merger, sale, bankruptcy or other business change, in which case your information will remain subject to the terms of this Privacy Policy; and

With your consent and as permissible under applicable laws and regulations.

HOW CAN USERS ACCESS, UPDATE, OR DELETE PERSONAL INFORMATION?

You can request to review, correct, update or have deleted your (or your child’s) personally identifiable information from our database by writing to us at support@zenworksyoga.com or Privacy Request, ZENworks Yoga, 33565 Bainbridge Rd, Suite 108, Solon, OH 44139. Please include your name, email address and a telephone number where we can reach you. To protect you and/or your child’s privacy and security, we will take reasonable steps to verify your identity before granting you access to the personal information that we collect and maintain about you and/or your child.

 

SECURITY:

We are committed to protecting the security, integrity and confidentiality of the data through the use of physical and technical safeguards. ZENworks Yoga stores data in secure cloud-based environments and usesserver authentication and industry-standard firewalls in an effort to prevent interference or access from outside intruders. We also require unique account identifiers, user names, and passwords that must be entered each time users access the Application, or use of secure password credentials to an authorized third party portal. The Internet, however, is not perfectly secure and we are not responsible for security breaches not reasonably within our control.

 

We require that users maintain the confidentiality of their user names and passwords. If you become aware of any unauthorized use of an account, loss of your or your child’s or student’s account credentials or suspect a security breach, notify us immediately at support@zenworksyoga.com.

 

DATA RETENTION:

We retain data for as long as an account is active. Within 1 year of inactivity, we may delete the user account. However, at any time, users may request deletion of their accounts, and parents may request deletion of their children’s accounts by emailing support@zenworksyoga.com.

 

When you delete your account or your child’s account, it cannot be recovered.

 

Please note that we do retain non-personal information, including aggregated, de-identified data for the purposes described in the section titled, “How We Use the Information We Collect.”

 

OPT-OUT POLICY:

We do not send marketing messaging to children, and we do not rent or sell user information to third parties for marketing purposes.

 

We do send emails to parents and teachers with information about our Services that we believe may be of interest. Users may opt out of receiving email messages by contacting us at support@zenworksyoga.com or by clicking on the “unsubscribe” link found at the bottom of every email that we send.

 

CHANGES TO THIS PRIVACY POLICY

We may make changes to this privacy policy from time to time, and you should review it periodically so that you are updated on any changes. Changes are effective once posted on the Site. If we make any material changes to our collection, use or sharing of personal information of children under 13, we will notify parents and teachers using the email address provided during registration.

 

CONTACT US

If you have any questions or comments about our Privacy Policy, please contact us at:

By email: support@zenworksyoga.com

By telephone: 440-941-3402

By regular mail:

Privacy Request

ZENworks Yoga

33565 Bainbridge Rd, Suite 108

Solon, OH 44139

Please be assured that any personal information that you provide in communications to us will not be used to send you promotional materials unless you so request.

 

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