Terms of Use
Acceptance of Terms of Use
Matthew Korn Yoga, LLC / Matthew Korn Yoga / Matthew Korn ("Us," "Our," "We," and “MKY") and its subsidiary and affiliate companies makes the website www.matthewkornyoga.com (the "website") available to you subject to the following Terms of Use.
By using and/or visiting the website, you assent that you have read, understand, and agree to these Terms of Use, which include, incorporate, and reference the terms and conditions of our Privacy Policy (the "Privacy Policy"). If you do not agree to abide by these terms, then please do not use, access, or make purchases through this website.
MKY may, in its sole discretion, change or modify these Terms of Use at any time, with our without prior notice. If changes are made to these Terms of Use, they will be posted here along with the new effective date. If you continue to use this website after any changes are posted, it means that you have agreed to the new Terms of Use as stated. You agree that at all times you shall keep confidential, maintain and control all user names and passwords used to limit your access to site, and that you are exclusively responsible for all activities that occur in connection with such user names and passwords. You agree to immediately notify MKY of any disclosure to, or use of, any such user names or passwords by any other individual. MKY will not be liable for any loss or damage of any kind, under any legal theory, caused by your failure to comply with the foregoing obligations. In its sole discretion, MKY reserves the right to deny any user access to this website - this may occur without notice and with or without reason. These Terms of Use may not be modified by you, in writing or otherwise, unless agreed to in a written document signed by MKY.
Please read these Terms of Use carefully as they contain important information regarding your legal rights, remedies, and obligations.
Privacy Policy
Any information including personal information (e.g., your name, address, telephone number, e-mail address) and non-personal information (e.g., your IP address, browser type, and the time of your visit) you transmit to this site will be used by us in accordance with this site's Privacy Policy, which can be found here.
Site Content
For purposes of these Terms of Use, "content" is defined as any information, data, communications, software, photos, video, graphics, music, sounds, and any other material and services that can be viewed by users on our website.
You acknowledge and agree that all content of this site, such as articles, text, graphics, images, links, and other material contained on this site (collectively, "Content") is protected by copyrights, trademarks, service marks, patents, trade secrets, or other proprietary rights and laws. You agree that as between you and MKY, MKY and/or its affiliates is the owner of all such content. You may not reproduce, distribute, republish or retransmit any content or materials posted at this site without the prior written permission of MKY. Except as expressly authorized by MKY, you agree not to sell, license, rent, modify, distribute, copy, reproduce, transmit, publicly display, publicly perform, publish, adapt, edit, or create derivative works from such materials or content. Notwithstanding the above, you may print or download one copy of any content on this site on any single computer for your personal, non-commercial use, provided you keep intact all copyright and other proprietary notices. Systematic retrieval of data or other content from this site to create or compile, directly or indirectly, a collection, compilation, database or directory without written permission from MKY is prohibited. Furthermore, you are solely responsible for obtaining permission before reusing any copyrighted material that is available on this website. Any unauthorized use of the materials appearing on this website may violate copyright, trademark, and other applicable laws and could result in criminal or civil penalties.
We do not warrant or represent that your use of materials displayed on, or obtained through, this website will not infringe the rights of third parties.
All custom graphics, icons, logos, and service names are registered trademarks, trade names, or service marks of MKY. All other trademarks or service marks are the property of their respective owners. Nothing in these Terms of Use grants you any right to use any trademark, service mark, logo, and/or the name of MKY.
We ensure that we will accurately display the attributes of our products, including colors and details, to the best of our ability. With this, we cannot guarantee that your computer or mobile device will accurately depict said colors and details.
Limited License and Website Access
We grant you a limited license to use this website for personal use only. Consequently, this grant does not allow you to do any of the following: (a) resell or make any commercial use of this website or any of its contents; (b) modify, adapt, translate, reverse engineer, decompile, disassemble, or convert into human readable form any of the contents of this website - this includes using or directly viewing the underlying HTML or other codes from this website except as interpreted and displayed in a web browser;) (c) copy, imitate, mirror, reproduce, distribute, publish, download, display, perform, post, or transmit any of the contents of this website (including any intellectual property) in any form or by any means - this includes, but is not limited to electronic, mechanical, photocopying, recording or otherwise; (d) use any data mining, bots, spiders, automated tools, or similar data gathering and extraction methods on the contents of this website; or (e) to collect any information from any other user of this website.
International Access
This website may be accessed from countries outside the United States. Your orders placed through this website will be accepted within the allowed countries and fully processed. All information you provide will be secure on our internal servers located in the US and protected as mentioned in this privacy policy. If you access this site from other locations you do so on your own initiative and you are responsible for compliance with local laws. You agree to comply will all applicable laws regarding the transmission of technical data exported from the United States or the country in which you reside.
Third-Party Sites and Information
This website may provide links to, or information gathered from, other sites on the Internet. MKY makes no representations whatsoever about these sites or this information. Other sites linked to this site may contain information or material that some people may find inappropriate or offensive. The provision of links to, or information gathered from, other sites on the Internet should not imply MKY's endorsement of any such sites or any association between MKY and these other sites' operators. These sites are not under the control of MKY, and you acknowledge that MKY, its affiliates, and its licensors are not responsible for the accuracy, legality, decency, copyright compliance, or any other content of, or gathered from, such sites. You also acknowledge that MKY, its subsidiaries, its affiliates, and its licensors shall not be responsible or liable, directly or indirectly, for any damage or loss caused or alleged to be caused by or in connection with use of or reliance on the content, goods or services available on or through any sites linked to this site.
Privacy and Security
You are responsible for maintaining the confidentiality of your account information and password and for restricting access to such information on your device. With this, you agree to accept responsibility for all activities that occur under your account or password.
This website has security measures in place to protect against the loss, misuse, unauthorized use, and alteration of the information under our control, however; the confidentiality of your information cannot be guaranteed by MKY. MKY shall not be responsible for any harm, loss, damage, liability, cost, or expense (including attorneys' fees) that you or any third party may suffer as the result of a breach of confidentiality.
To ensure compliance with the Federal Law, we do not intend to collect personal information from anyone below 13 years of age. This website is not directed for use by children.
Any credit card information obtained through this website will not be shared with any third party.
Linking to This Website
Creating or maintaining any link from another website to any page on this Website without the prior written permission of MKY is prohibited. Running or displaying this website or any material displayed in frames or through similar means on another website without the prior written permission of MKY is strictly prohibited. Any permitted links to this website must comply with these Terms of Use as well as all applicable laws, rules, and regulations.
Disclaimer of Warranties
The Content on this site is for informational purposes only. ALL content including, without limitation, materials, information, products, and services included in or available through this website, is provided "as is" and "as available" for your use. The content is provided without representations or warranties of any kind, either express or implied, including, but not limited to, implied warranties of merchantability, fitness for a particular purpose, or non-infringement. MKY, its affiliates, and its licensors do not warrant that the content is complete, accurate, reliable, or correct; that this site still be available at any particular time or location; that any defects or errors will be corrected; or that the content is free of viruses or other harmful components. Your use of this site is solely at your own risk. Any material downloaded or otherwise obtained through your use of this site is done at your own direction and risk, and you will be solely responsible for any damage to your computer system or loss of data that results from the download of any such material. Because some jurisdictions do not permit the exclusion of certain warranties, these exclusions may not apply to you.
Limitation of Liability
Under no circumstances shall MKY, its affiliates, or its licensors be liable for any consequential damages (including, without limitation, indirect, punitive incidental or special damages, damages for loss of profits, goodwill, use, data or other intangible losses (even if MKY has ben advised of the possibility of such damages), including, without limitation, any that results from: (i) the use of, or inability to use, this site; (ii) the cost of procurement of substitute goods and services resulting from any goods, data, information or services purchased or obtained transactions entered into, through, or from the site; (iii) unauthorized access to or alteration of your transmissions or data; (iv) statements or conduct of any third party on the site; or (v) any other material relating to the site. MKY, its affiliates and its licensors shall only be liable to the extent of actual damages incurred by you, not to exceed the purchase price received by MKY for the product or service giving rise to the liability. This limitation applies whether the alleged liability is based on contract, tort, negligence, strict liability, or any other basis, even if MKY has been advised of the possibility of such damage. Because some jurisdictions do not allow the exclusion or libation of incidental or consequential damages, MKY's liability in such jurisdictions shall be limited to the extent permitted by law.
Indemnification
You agree to defend, indemnify, and hold MKY and its respective officers, directors, employees, affiliates, parent corporations, subsidiaries, agents, successors, and assigns harmless from and against any claim or demand, including attorneys' fees, made by any third party that arise from your use or misuse of this site, or breach of any warranty, covenant, representation or term contained in these Terms of Use, or any alleged infringement of a third party's intellectual or proprietary rights resulting from information or materials posted on the site by You. MKY reserves the right, at its own expense, to assume the exclusive defense and control of any matter otherwise subject to indemnification by you, in which event you will cooperate with MKY in asserting any available defenses.
Copyright Policy
MKY respects the intellectual property rights of others and expect visitors to this site to do the same. MKY will respond to notices of alleged copyright infringement that comply with applicable law and are properly provided to us. If you believe that your content has been copied in a way that constitutes copyright infringement, please provide contact details to MKY using the information below and provide the following: (i) a physical or electronic signature of the copyright owner or a person authorized to act on their behalf; (ii) identification of the copyrighted work claimed to have been infringed; (iii) identification of the material that is claimed to be infringing or to be the subject of infringing activity and that is to be removed or access to which is to be disabled, and information reasonably sufficient to permit us to locate the material; (iv) your contact information, including your address, telephone number, and an email address; (v) a statement by you that you have a good faith belief that use of the material in the manner complained of is not authorized by the copyright owner, its agent, or the law; and (vi) 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 copyright owner.
MKY reserves the right to remove content alleged to be infringing without prior notice and at its sole discretion. MKY may also terminate a user's account if the user is determined to be a repeat infringer. MKY's designated copyright agent for notice of alleged copyright infringement appearing on the site is matt@matthewkornyoga.com.
Inappropriate Material
You are prohibited from posting or transmitting any unlawful, threatening, defamatory, libelous, obscene, pornographic or profane material or any material that could constitute or encourage conduct that would be considered a criminal offense or give rise to civil liability, or otherwise violate any law. In addition to any remedies that we may have at law or in equity, if we reasonably determine that you have violated or are likely to violate the foregoing prohibitions, we may take any action we reasonably deem necessary to cure or prevent the violation, including without limitation, the immediate removal from this website of the related materials. We will fully cooperate with any law enforcement authorities or court order or subpoena requesting or directing us to disclose the identity of anyone posting such materials.
Modifications to Goods
MKY reserves the right at any time and from time to time to modify or discontinue, temporarily or permanently, this site or some or all of the goods or services offered through this site, with or without notice. You agree that MKY shall not be liable to your or to any third party for any modification, suspension or discontinuance of this site or some or all of the goods offered through it.
Jurisdiction
This website is operated under the supervision of MKY from its offices within the state of New Jersey. If you choose to access this website from other locations, you do so at your own initiative and you are responsible for complying with local laws, if and to the extent local laws are applicable. You may not download or otherwise export or re-export software from this website in violation of United States export controls.
These Terms of Use shall be governed by and construed according to the laws of the state of New Jersey, without regard to conflicts of laws principles thereof. Any claim or cause of action arising out of or relating to these Terms of Use shall be barred unless such claim or cause of action is brought within one year after it arises; any such claim or cause of action shall be brought only in the state or federal courts in New Jersey, and you consent to jurisdiction of such courts for the purpose of litigating such actions.
Severability and Integration
This agreement, and any agreement you enter into with MKY pertaining to products or services sold by MKY, constitute the entire agreement between you and MKY with respect to this site and the purchase of products and services through this site, and supersedes all prior or contemporaneous communications and proposals, whether oral, written, or electronic, between you and MKY with respect to this site. If any part of these Terms of Use or any agreement between you and MKY pertaining to products or services sold by MKY is held invalid or unenforceable, that portion shall be construed in a manner consistent with applicable law to reflect, as nearly as possible, the original intentions of the parties, and the remaining portions shall remain in full force and effect.
Termination
In the event you breach any provision of these Terms of Use, or for any other reason or no reason at all, MKY may, in its sole discretion, terminate your access to all or part of this site including, without limitation, your account, with or without notice.
Contact Information
If you have questions or concerns regarding these Terms of Use, or would like to update your preferences or information we have about you, please contact us at the information provided here. We will take all reasonable steps to respond to your request.