Web Site Terms, Conditions and Notices
The following terms, conditions, and notices (Site Rules) apply to all visitors or users of this Web site, and of microsites or mobile sites of our brands and lines of business (e.g., Omni-Swing, LLC, Omni Gym, YogaSwings.com, etc.) that expressly adopt these Site Rules (collectively, the “Web site”). We may refer to our brands and lines of business as “we,” “us,” or “our” throughout the Site Rules. By using this Web site, you agree to be bound by these rules and regulations, as they may be modified by us at any time and posted on this Web site. In the event of a violation of these rules and regulations, we reserve the right to seek all remedies available by law and in equity.
The Web Site and all of its materials, including, but not limited to, its software or HTML code, scripts, text, artwork, photographs, images, video, and audio (collectively, “Materials” ) are protected by copyright laws and other U.S. and international laws and treaties. All Materials are provided through this Web site as a service to its current and prospective visitors and may be used only for personal, informational, and product ordering purposes and only if you also retain all copyright and other proprietary notices contained on the Materials. No right, title or interest in our Materials is conveyed to you. This is a limited license, not a transfer of title of our Materials, and such license is subject to the following restrictions: you may not copy, reproduce, publish, transmit, distribute, perform, display, post, modify, create derivative works from, sell, license or otherwise exploit this site or any of its Materials without our prior written permission; you may not access or use this Web Site for any competitive or commercial purpose; nor may you permit any copying of our Materials. Any unauthorized copying, alteration, distribution, transmission, performance, display, or other use of these Materials for purposes of resell is prohibited. We may revoke this limited license at any time for any or no reason. All rights not expressly granted are reserved by us, as applicable.
We and our affiliated companies retain all rights regarding their trademarks, trade names, brand names and trade dress. These marks, names or trade dress, and all associated logos or images, are registered and/or common law trademarks of Omni-Swing, LLC, and other companies affiliated with this company, and they are protected by U.S. and international laws and treaties. No license to the use of such marks, names or trade dress is granted to you under these terms and conditions or by your use of this Web Site. Your misuse of our trademarks displayed on this Web Site is strictly prohibited. You are also advised that we may aggressively enforce its intellectual property rights to the fullest extent of the law, including the seeking of civil remedies and criminal prosecution.
One or more patents may apply to this website, including without limitation U.S. patent nos. 007255666. Other patents pending.
We have a no-tolerance policy regarding the use of our trademarks or names (e.g., of Omni Gym, YogaSwing, YogaSwings, Omni Swing, Swing Yoga, Flying Fitness, Swing Therapy, Movement Medicine) in metatags and/or hidden text. Specifically, the use of our trademarks or names in metatag keywords is trademark infringement, and the use of trademarks or names in page text, metatags, and/or hidden text for purposes of gaining higher rankings from search engines is unfair competition. Linking to any web page on this Web site is prohibited absent our express written permission. Associating or juxtaposing our Web site or its Materials (e.g., through framing or inline linking) with advertisements and/or other information not originating from our Web site is expressly prohibited.
We may, but are not obligated to, use-in any way we see fit-any ideas, concepts, know-how, text, photographs, images or techniques (“User Submissions”) contained in any communication you send to the Web Site or provide to us for any purpose whatsoever including, but not limited to, advertising; promotion; entertainment; commercial purposes; and developing, manufacturing and marketing products. Accordingly, we may use, edit, alter, copy, reproduce, disclose, display, publish, remove, prepare derivative works from, perform, distribute, exhibit, broadcast, or otherwise exploit the User Submissions, in whole or in part, in any form, media or technology (e.g., broadcast and cable television, radio, mobile transmission, and the internet), now known or hereafter developed, all without any payment to or further authorization by you.
You understand that such User Submissions may be accessed and viewed by others, including by the general public, and, whether or not such User Submissions are published, Yoga Swings, LLC does not guarantee any confidentiality with respect to any User Submissions. You are solely responsible for your own User Submissions and the consequences of their publication on our Web site (assuming we choose to post them once submitted). We reserve the right to determine in our sole discretion whether User Submissions are appropriate; whether they comply with these Site Rules, our standards, and applicable law; and whether they may be posted or removed.
Prohibited Uses of Website and Services
You shall not post, transmit, redistribute, upload, or promote any communications, content or materials that contain corrupted files, viruses, or any other similar software files, the intent of which is to damage the operation of another’s computer; are unlawful, threatening, harassing, abusive, defamatory, invasive of privacy or publicity rights, vulgar, obscene, sexually explicit, hateful, profane, indecent, racially or ethnically derogatory, or otherwise objectionable; contain chain letters or pyramid schemes; contain any unsolicited advertising, promotional materials, or other forms of solicitation to other users, individuals or entities; impersonate any person, business or entity, including us (our brands, lines of business, subsidiaries, and affiliated companies) and our employees and agents; encourage conduct that would constitute a criminal offense; give rise to civil liability; violate any law; or exhibit any conduct that, in our judgment, restricts, impairs, interferes or inhibits any other user from using or enjoying the Web Site and/or our related services and products.
Periodically, links may be established from this Web Site to one or more external web sites or resources operated by third parties (the “Third Party Sites”). These links are provided for your convenience only. In addition, certain Third Party Sites also may provide links to this Web Site. None of such links should be deemed to imply that Omni Gym endorses the Third Party Sites or any content therein.
We do not control and are not responsible or liable for any Third Party Sites or any content, advertising, products, or other materials on or available through such Third Party Sites. Access to any Third Party Sites is at your own risk and we will have no liability arising out of or related to such web sites and/or their content or for any damages or loss caused or alleged to be caused by or in connection with any purchase, use of or reliance on any such content, goods, or services available on or through any such Third Party Site.
All features, specifications, products and prices of products and services described on this Web site are subject to change at any time without notice. From time to time there may be information on this Web site that contains typographical errors, inaccuracies, or omissions that may relate to product descriptions, pricing, and availability. We make no representation as to the completeness, accuracy, or currency of any information on this Web site. We reserve the right to make changes in information about price, description, or availability without notice. We reserve the right, without prior notice, to limit the order quantity on any product and/or refuse service to any customer. We have made every effort to display as accurately as possible the colors of our products that appear on the Web site; however, the actual color you will see will depend on many factors, including your computer, and we cannot guarantee that your computer will accurately display our colors. The inclusion of any products or services on this Web site does not imply or warrant that these products or services will be available over the internet or in each of our stores at any particular time.
Disclaimer of Warranty
Access to this Web Site is provided to our customers and prospective customers “as is” and “as available” and without warranty of any kind, whether express or implied, including but not limited to, those of merchantability, fitness for a particular purpose, title or non-infringement. Some jurisdictions do not allow the disclaimer of implied warranties. In such jurisdictions, the foregoing disclaimer may not apply to you. Movement Medicine reserves the right to block or deny access to the Web Site to anyone at any time for any reason.
We control this Web Site from offices within the State of California. We do not imply that the materials published on this Web Site are appropriate for use outside of the United States. If you access this Web Site from outside of the United States, you do so on your own initiative and you are responsible for compliance with local laws. The terms of this Web Site shall be governed by the laws of the state of California, without giving effect to its conflict of laws provisions.
Limitation of Liability
In no event will Movement Medicine be liable to any party for any direct, indirect, incidental, special, consequential or punitive damages for use of this site or any other hyperlinked web sites including, without limitation, lost profits or revenues, costs of replacement, business interruptions, loss of data or damages resulting from use of or reliance on the information present, even if Movement Medicine is expressly advised about the possibility of such damages. In some jurisdictions, limitations of liability are not permitted. In such jurisdictions, the foregoing limitations on liability may not apply to you.
We may terminate, change, suspend or discontinue any aspect of this Web Site, including the availability of any features of the site, at any time and without notice. We also reserves the right, at our sole discretion, to change, modify, add or remove any portion of these terms in whole or in part, at any time and without notice. Accordingly, this means we may terminate the authorization, rights and license given in these Site Rules at any time and without notice. Your continued use of this Web Site after any changes to these Site Rules are posted will be considered acceptance of those changes.
Notice for Copyright Infringement
We do not permit copyright infringing activities on this Web site. We may remove any content of any kind that a user posts to this Web Site (“User Communications”), e.g., if properly informed that the User Communications infringe another’s copyright rights. We may terminate the ability to submit User Communications if, under appropriate circumstances, a person submitting User Communications to this Web Site is determined to be a repeat infringer.
If you are a copyright owner or an agent for such owner and believe that any User Communications on this Web site by third parties infringes upon your copyrights, you may notify us by providing the following information in writing:
A physical or electronic signature of a person authorized to act on behalf of the owner of an exclusive copyright right that is allegedly infringed;
Identification of the location where the original or an authorized copy of the copyrighted work exists;
Identification of the User Communication(s) or material that is claimed to be infringing and a description of the infringing activity and information reasonably sufficient to permit Movement Medicine to locate the same;
Information reasonably sufficient to permit us to contact you, such as an address, telephone number, and, if available, an email address;
A statement that you have a good faith belief that use of the User Communication(s) or material in the manner complained of is not authorized by the copyright owner, its agent, or the law; and
A statement that the information in the notification is accurate, and, under penalty of perjury, that you are authorized to act on behalf of the owner of an exclusive copyright right that is allegedly infringed.
Our agent for notice of claims of copyright infringement can be reached as follows:
P.O. Box 3386
Chico, CA 95926
By Email: firstname.lastname@example.org
If you fail to comply with all of the requirements above, your notice may not be valid.