Terms of Use

Effective Date of Amended Terms of Use: September 25, 2022

EverydayYoga.com (this "Site") is provided by Spiraledge, Inc., d/b/a Everyday Yoga (hereinafter, "EDY" or "we”, "us" or "our"). Use of this Site is expressly subject to these Terms of Use and our Privacy Policy which form a legally binding contract between each user (hereinafter, "you") and EDY. Please read these Terms of Use and our Privacy Policy carefully. If you do not agree with anything stated in these Terms of Use or our Privacy Policy, please do not use this Site.

THESE TERMS OF USE CONTAIN PROVISIONS THAT LIMIT OUR LIABILITY TO YOU AND REQUIRE YOU TO RESOLVE ANY DISPUTE WITH US THROUGH BINDING ARBITRATION ON AN INDIVIDUAL BASIC AND NOT AS PART OF ANY CLASS OR REPRESENTATIVE ACTION. PLEASE SEE SECTION 7 (DISCLAIMER OF WARRANTIES; LIMITATIONS OF LIABILITY) AND SECTION 8 (DISPUTE RESOLUTION BY BINDING ARBITRATION AND CLASS ACTION WAIVER; CHOICE OF LAW) OF THESE TERMS OF USE FOR DETAILS.

1.CERTAIN DEFINITIONS

As used in these Terms of Use the following defined terms shall have the definitions stated below:

  • "Suppliers" means manufacturers or suppliers of products, or brand owners who make their products available for purchase through EDY.
  • "Supplier Materials" means trademarks, logos, product/model photos and images, product information, advertisements, links, and other materials that are provided by Suppliers for use or display on this Site.
  • "Site Content" means all content and information displayed or provided on this Site, including text, trademarks, logos, graphics, designs, artworks, images, photos, videos and audios, and including Supplier Materials; but excluding User Content (as defined below). "Site Content" also includes the following: (i) the look and feel, page layout, and user interface designs of this Site; (ii) the software code of this Site; and (iii) any software tool or application embedded in this Site. For the purposes of these Terms of Use, all Site Content will be deemed part of this Site.
  • "User Content" means anything created by users, such as user-generated photos, images, videos, messages, ideas, suggestions, comments, reviews, testimonials, etc., but excluding the following: (i) users’ account information and purchase information (including their billing and payment information); and (ii) anything that is copied or derived by users from any material owned by EDY. To the extent User Content contains users’ names, voices, likenesses, photographs, biographical information, etc., all such identifying elements will be deemed part of User Content.

2.GENERAL PROVISIONS

  1. 2.1 Eligibility. By using this Site, you represent and warrant that you have reached the age of majority in your state of residence and have full legal capacity to enter into a legally binding contract with EDY.
  2. 2.2 Compliance with Applicable Laws. You acknowledge and agree that it is solely your responsibility to comply with all laws applicable to your use of this Site. Your use of this Site is prohibited if such use would be deemed illegal under applicable laws in the jurisdiction in which you reside.
  3. 2.3 International Use. This Site is hosted and operated within the United States. EDY does not represent or warrant that this Site will be appropriate or available for use in locations outside the U.S. If you access this Site from a location outside the U.S., you acknowledge and agree that you do so at your own risk and that you are solely and entirely responsible for complying with all applicable local laws and regulations.
  4. 2.4 Reservation of Rights. You acknowledge and agree that we reserve the right to: (i) terminate this Site at any time and with or without reason; and (ii) terminate your access to this Site (including your account with EDY), if we determine, in our sole judgment, that you are in violation of these Terms of Use or any law or that your use of this Site may expose EDY to liability of any kind, or may adversely affect the reputation or goodwill of EDY.
  5. 2.5 Privacy. Notwithstanding anything else to the contrary contained in these Terms of Use, our collection, use, disclosure and sharing of any personally identifiable information you provide through the Site shall be governed by our Privacy Policy. For further information regarding our protection of your personal information, please refer to our Privacy Policy here: https://www.everydayyoga.com/pages/privacy-policy?navsrc=footer
  6. 2.6 Ownership. This Site and Site Content, and all rights, title and interest therein and thereto, are the property of EDY and/or its Suppliers, and are protected by U.S. and foreign intellectual property and other laws. Other than a limited license to use as specified in Section 5.1 of these Terms of Use, you have no other right or license with respect to this Site or any Site Content. Any unauthorized use or exploitation of the property of EDY and/or its Suppliers is strictly prohibited and may result in civil and/or criminal penalties. EDY and its Suppliers reserve all rights not expressly granted herein. There are no implied rights or licenses granted to you under these Terms of Use. The EDY name and logo are trademarks of EDY. The names and logos of Suppliers appearing on this Site are trademarks of their respective owners.

    As between you and EDY, you retain ownership of your User Content; however, by submitting User Content to EDY, you expressly give EDY permission to use your User Content as described in Section 5.3 of these Terms of Use.
  7. 2.7 Electronic Communications. When you use this Site, you consent to receiving communications from us electronically, including emails, push messages, in-app messages, and messages posted to your account on this Site. You acknowledge and agree that all agreements, notices, disclosures, and other communications that we provide to you electronically satisfy any legal requirement that the same be in writing.
  8. 2.8 Mobile Service Charges. By using this Site on a mobile device, you acknowledge and agree that standard carrier charges may apply and that your wireless carrier may impose data and/or other charges when you use this Site, and that all of such charges are your responsibility.
  9. 2.9 Affiliate Program. EDY offers an affiliate program that enables yoga studios to create their own online stores on this Site and earn commissions from referred sales. Participation in such affiliate program is governed by EDY’s Affiliate Program Terms and Conditions at: http://www.everydayyoga.com/pages/affiliate-terms-of-use.
  10. 2.10 Purchase of Practyce Membership. If you purchase a membership subscription for Practyce through this Site, your membership will be governed by the Practyce Terms of Use which may be found here: https://www.practyce.com/terms-of-use. Your privacy rights will be governed by the Practyce Privacy Policy which may be found here: https://www.practyce.com/privacy-policy.
  11. 2.11 EDY Benefits Program. If you purchase a membership subscription for Practyce, you will receive certain benefits from EDY (the “EDY Benefits”). A description of the EDY Benefits, the conditions you must satisfy to enjoy the EDY Benefits, our right to modify or terminate the EDY Benefits, and other provisions that govern the EDY Benefit program may be found here: https://www.practyce.com/terms-of-use.

3.ACCOUNT REGISTRATION

By registering an account on this Site, you represent and warrant that all account information you submit is your own information and is truthful and accurate. You acknowledge and agree that we may immediately suspend or terminate your account and your access to this Site if we have any reason to believe that you have misrepresented or provided false account information to us. It is your responsibility to notify us of any change in your account information, including your contact information. As the account holder, you are responsible for safeguarding your account login information, and you should notify us immediately in the event your account login has been stolen, lost, or used by another without your permission. If you allow others to use your account, you are responsible for all their activities on your account.

4.MAKING PURCHASES

All product sales from the Site are governed by any terms of sale that may be posted on the Site. You should refer to our terms of sale to learn more about applicable product warranties, our return policy, and shipping terms. By ordering and/or accepting delivery of the products, you agree to be bound by these terms of sale. The terms of sale are subject to change without prior notice at any time, in our sole discretion so you should review the terms of sale each time you make a purchase. Additional information may be found in our FAQ and online shopping sections of the Site.

  1. 4.1 Representations and Warranties. A credit card (Visa, MasterCard, American Express, etc.) or a third-party payment account that is accepted by us (PayPal, Apple Pay, Google Pay, etc.), is required for making a purchase on this Site. By making a purchase on this Site, you represent and warrant that: (i) all billing and payment information you provide to EDY is truthful and accurate; (ii) you are the holder (or an authorized user) of the credit card or third party account you use to pay for your order, the account is active and has sufficient funds to cover the full transaction amount of your order; and (iii) you are purchasing products from EDY for your own personal, family or household use or, if you are purchasing for a yoga studio, for your studio’s own use only, and not for commercial resale.
  2. 4.2 Reservation of Rights. All orders submitted on this Site are subject to acceptance in EDY’s sole discretion. EDY reserves the right to refuse or cancel any order for any reason. EDY also reserves the right, prior to processing an order, to verify the account holder of the credit card or third party account used to place the order. EDY will reject or cancel an order if the credit card or third party account used to place the order is declined for any reason.
  3. 4.3 Product Information. Product information and images displayed on this Site are for general informational purposes only, may contain errors, and are subject to change. EDY makes no warranty that product information and images on this Site will be accurate in all respects. Also, depending on the screen quality and settings of your computer or mobile device, product color or finish you see on your computer or mobile device may differ from actual product color or finish. EDY makes no warranty that the product color or finish you see on your computer or mobile device will accurately reflect the actual product color or finish. EDY is not responsible for any potential reactions, allergic or otherwise, that you experience when purchasing our products.

    If you have questions about a product you see on this Site, please contact our Customer Service by using the "Live Chat" feature provided on this Site, or by phone at 1-877-277-2795, or via email at: shop@everydayyoga.com, 24/7 Monday-Sunday, (excluding public holidays).
  4. 4.4 Product Availability. EDY does not guarantee the availability of any product displayed on this Site. EDY reserves the right, without any obligation to provide notice or any liability to you, to change, discontinue or stop the offering of any product.
  5. 4.5 Prices. Prices advertised are subject to change without notice. The price charged for a product will be the price in effect at the time the order is placed and will be set out on the purchase receipt. Product prices do not include shipping or handling charges or applicable taxes. All prices and other charges are in U.S. Dollars, unless expressly otherwise stated. While EDY makes reasonable efforts to display price information as accurately as possible, errors may occur. If EDY discovers an error in the price of a product you have ordered, EDY will notify you of the error as soon as possible and will give you the option of reconfirming your order at the correct price or cancelling your order. If EDY is unable to get in contact with you within 24 hours, EDY will treat your order as cancelled. If your order is cancelled by EDY due to a pricing error and you have already been charged for the product, you will receive a full refund. In no event will EDY be obligated to sell you a product at the incorrect price.
  6. 4.6 Shipping. Shipping/handling charges depend on the shipping method you select at checkout, and will be added to your order total, and will be set out as a separate item in your shopping cart and on your purchase receipt. For U.S. domestic orders, shipping information is available at:
    https://support.everydayyoga.com/hc/en-us/articles/204331200-US-Shipping-Options-and-Information.
  7. 4.7 Taxes. Depending on the shipping destination of your order, sales tax, value-added tax (VAT), customs duty, and/or other government-assessed charges (collectively "Taxes") may apply to your order. By making a purchase on this Site, you agree to be solely responsible for paying all Taxes applicable to your purchase. Where required by law, applicable Taxes will be added to your order total at checkout and will be set out as a separate item in your shopping cart and on your purchase receipt.
  8. 4.8 Ordering. To place an order on this Site, simply add the desired product item(s) to your shopping cart and proceed to check out to complete and submit your order. You can complete and submit your order either as a guest or by creating an account on this Site. By placing an order, you expressly authorize EDY to charge (through its payment processing vendor) the full transaction amount of your order (i.e., product price plus shipping/handling charges and applicable taxes) to the credit card or third party account specified by you. Upon successful processing of your order, EDY will send you via email a printable receipt detailing your purchase. Please save your purchase receipt and you will need it if you wish to check your order status or cancel your order.
  9. 4.9 Order Cancellation. Until such time an order is shipped (i.e., before it is picked up by the shipping carrier from EDY’s warehouse), you may cancel or modify it by contacting our Customer Service by phone at 1-877-277-2796 or via email at: shop@everydayyoga.com, 24/7 Monday- Sunday (excluding public holidays). Once an order has been shipped, it CANNOT be cancelled or modified. In such case, if you no longer want the product, you should wait for the package to arrive and then return the package in accordance with EDY’s return policy (see Section 4.10 below).
  10. 4.10 Returns. The EDY return policy and related information may be found here:
    https://support.everydayyoga.com/hc/en-us/sections/200736824-Returns?navsrc=footer
  11. 4.11 Gift Cards. EDY gift cards are available for purchase on this Site either as electronic cards or as physical cards. Unless expressly otherwise stated by EDY, the following terms apply to EDY gift cards:
    All gift card sales are FINAL. Purchased gift cards are NON-RETURNABLE and NON-REFUNDABLE.
    • Gift cards are only redeemable for purchases from this Site, and are not redeemable for cash or credit.
    • Gift cards are not reloadable.
    • A gift card cannot be used to purchase another gift card.
    • Promo codes and discounts do not apply to the purchase of gift cards.
    • Gift cards do not expire as long as there is value remaining on the cards.

    Please safeguard your gift card and do not share card number or PIN with others. EDY cannot replace or replenish gift cards that are lost, stolen, or used without authorization. EDY will honor any state laws that may differ from the gift card terms set forth above in this Section. Check your state laws for your local rules.

  12. 4.12 Discounts/Promo Codes. EDY may offer discounts/promo codes to eligible customers for use toward purchases on this Site. Unless expressly otherwise stated by EDY, use of such discounts or promo codes is subject to the following terms and conditions:
    • Discounts/promo codes are valid for a limited time only. EDY may modify or discontinue them at any time.
    • Discounts/promo codes apply only to qualifying items (as specified by EDY) that are in stock while supplies last. Discounts/promo codes cannot be used for pre-orders or backorders. Other restrictions may apply.
    • EDY may limit the quantity of products that can be purchased with discounts/promo codes.
    • Discounts/promo codes can be used only once.
    • Discounts/promo codes cannot be combined with other offers, unless otherwise specified by EDY.
    • Discounts/promo codes can only be used toward purchases made on this Site, and are not redeemable for cash or credit.
    • Discounts/promo codes cannot be applied toward previous purchases.
    • Discounts/promo codes do not apply to shipping or handling charges or applicable taxes.
    • Where a discount/promo code has a minimum purchase requirement, shipping and handling charges and applicable taxes do not count toward the minimum purchase amount.
    • The entire value of a discount/promo code must be used in a single transaction. No refund or credit will be given for any leftover value.
    • If you return an item purchased using a discount/promotion code, EDY will subtract the value of the discount/promotion code from your return credit or refund.

5.USE OF THIS SITE

    1. 5.1Our Limited License to You. Subject to your compliance with these Terms of Use and all applicable laws, EDY hereby grants you a revocable, non-exclusive, non-transferable, non-sublicensable, limited license to access this Site (including Site Content) solely for your own personal, family or household use or (if applicable) for your yoga studio’s use. You acknowledge and agree that the above license is revocable and terminable by EDY, if EDY determines, in its sole judgement, that you are in violation of these Terms of Use or any law or that your use of this Site may expose EDY or its Suppliers to liability of any kind, or may adversely affect the reputation or goodwill of EDY or its Suppliers.
    2. 5.2Prohibited Uses. Any unauthorized or unlawful use of this Site or any Site Content is strictly prohibited. Specifically, you shall not:
      • use this Site or any Site Content for any unlawful purpose, including, without limitation: operating any scam or fraudulent scheme (such as a pyramid or ponzi scheme); impersonating another, or making unauthorized use of another’s information; disseminating junk email, spam, or other unsolicited and unwanted messages or communications; or collecting personal information from or about others without their knowledge or consent, including through “phishing” or under any other false pretense;
      • use this site to submit upload store display transmit publish or distribute any user content that: is unlawful threatening harassing abusive hateful discriminatory derogatory obscene vulgar pornographic excessively violent false deceptive misleading defamatory libelous otherwise offensive promotes solicits aids crimes illegal activities violence gambling public intoxication underage drinking drug abuse animal cruelty contains links fake offers scams other fraudulent schemes as pyramid and ponzi viruses worms trojan horses spyware malware ransomware malicious harmful disruptive code material that designed damage interfere with intercept lock out expropriate software hardware information data violates misappropriates another copyright trademark trade secret patent right of publicity privacy contractual property proprietary;
      • copy, reproduce, distribute, sell, lend, rent, lease, or modify, translate, or otherwise make derivative works from, this Site or any Site Content;
      • use this Site for purposes of monitoring its availability, performance or functionality, or for any other benchmarking or competitive purposes, including for the purpose of developing any product or service to compete against EDY;
      • interfere in any way with the operation of this Site, or any server, network or system associated therewith, including, without limitation: hacking, mail-bombing, flooding, overloading, or making "denial of service" attacks; probing, scanning or testing the vulnerability of this Site, or any server, network or system associated therewith; breaching or circumventing firewall, encryption, security or authentication routines; accessing data not intended for you, or accessing another’s account that you are not expressly authorized to access;
      • use any automated program, tool or process to access this Site, or to register multiple accounts on this Site, or to generate automated searches, requests, or queries to this Site, or to strip, scrape, extract, or mine data or information from this Site;
      • remove, erase, conceal, alter, or otherwise tamper with any EDY or third-party intellectual property, attribution, or other legal notices that appear on this Site or any Site Content;
      • frame, or otherwise create a browser or border environment around, any portion of this Site or any Site Content;
      • use any Site Content: (i) for advertising, promotional, marketing, sale, or any other commercial or for-profit purposes (ii) in any way that falsely suggests or implies an association or affiliation with, or endorsement, sponsorship or approval by, EDY; or (iii) in any way that defames or disparages EDY or its Suppliers; or
      • make any other use of this Site or any Site Content in a way that violates these Terms of Use or any applicable law.
    3. 5.3User Content. By submitting User Content on this Site, you expressly acknowledge and agree as follows:
      • Your submission is made without any reservation of rights, including, compensation, payment, credit, attribution, secrecy or confidentiality. Your submission is not returnable and may be retained indefinitely by EDY.
      • You represent and warrant that your User Content does not contain private or confidential information and does not violate any third-party right or any applicable law.
      • You expressly grant to EDY a non-exclusive, irrevocable, worldwide, perpetual, royalty-free, freely sublicensable, freely assignable and transferable, unlimited and unrestricted license to use, copy, reproduce, store, archive, modify, excerpt, adapt, translate, prepare derivative works based upon, publicly perform, publicly display, exhibit, broadcast, stream, publish, distribute, and otherwise exploit your submitted User Content and materials derived therefrom, in whole or in part, for any and all purposes (whether commercial or noncommercial) and in any and all media (whether now known or hereafter developed, including, without limitation, all forms of print, broadcast, electronic, Internet and social media) (collectively, "Licensed Uses"); it being understood and agreed that you will not have any right or claim to any compensation, payment, credit, attribution, notice, approval or inspection, and EDY will not have any duty, obligation or liability to you whatsoever, with respect to any Licensed Uses of your submitted User Content. This license will continue and remain in full force and effect even if you subsequently cease using this Site or terminate your account with EDY or delete your User Content from your account.
      • EDY has the right to remove, delete, block or disable access to any User Content posted on this Site which it determines, in its sole judgment, violates these Terms of Use, any applicable law, may expose EDY or its Suppliers to liability of any kind, or may adversely affect the reputation or goodwill of EDY or its Suppliers.
    4. 5.4DMCA Policy. EDY respects the intellectual property of others and asks that users of this Site do the same. To comply with the Digital Millennium Copyright Act (the "DMCA"), EDY has adopted a policy that provides for the prompt removal of allegedly infringing User Content and for the termination of the account of any user who is determined by EDY to be an infringer.

      The following is EDY’s Designated Agent for receiving notifications of copyright infringement:

      General Counsel
      Spiraledge, Inc.
      4300 Port Union Road
      West Chester, OH 45011
      Tel: (510) 386-0523
      Email: dmca@everydayyoga.com

      If you believe that your work has been copied in a way that constitutes copyright infringement, please provide the EDY Designated Agent with the following information required by the DMCA:

      • a physical or electronic signature of a person authorized to act on behalf of the owner of an exclusive right that is allegedly infringed;
      • identification of the copyrighted work claimed to have been infringed, or if multiple copyrighted works are covered by a single notification, a representative list of such works;
      • 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 EDY to locate the material;
      • information reasonably sufficient to permit EDY to contact the complaining party, such as an address, telephone number, and if available, an electronic mail address at which the complaining party may be contacted;
      • a statement that the complaining party has 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
      • a statement that the information in the notification is accurate, and under penalty of perjury, that the complaining party is authorized to act on behalf of the owner of an exclusive right that is allegedly infringed.

      For both mail and email notices, please include "Notice of Infringement" in the subject line. Upon receipt of notices complying with the DMCA, EDY will act to remove or disable access to any material found to be infringing or found to be the subject of infringing activity and will act to remove or disable access to any reference or link to material or activity that is found to be infringing. It is often difficult to determine if your intellectual property rights have been violated. We may request additional information before we remove any infringing material. If a dispute develops as to the correct owner of the rights in question, we reserve the right to remove your content along with that of the alleged infringer pending resolution of the matter.

      We may give you notice that we have removed or disabled access to certain content or material.

      If you received a DMCA notice, you may provide a counter-notification in writing to the EDY Designated Agent. To be effective, the counter-notification must be in writing and include the following:

      • your 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;
      • a statement by you under penalty of perjury that you have a good faith belief that the material was removed or disabled as a result of mistake or misidentification; and
      • your name, address, and telephone number, and a statement that you consent to the jurisdiction of Federal District Court for the judicial district in which you are located (or in the State of California, U.S.A., if you reside outside of the U.S.), and that you will accept service of process from the person who filed the notice of copyright infringement or an agent of such person.

      Upon receiving a valid counter-notification, EDY may reinstate the removed or disabled User Content in accordance with the DMCA. Please note that, under the DMCA, any person who knowingly makes material misrepresentations in a notification of claimed infringement or in a counter-notification may be liable for damages.

    5. 5.5Third-Party Sites. EDY makes no warranties of any kind regarding any third party sites to which you may be directed or hyperlinked from this Site. Hyperlinks are included solely for your convenience, and EDY makes no representations or warranties with regard to the accuracy, availability, suitability or safety of information provided in such third party sites. EDY does not endorse, warrant or guarantee any products or services offered or provided by or on behalf of third parties on the Site. EDY has no liability for any injury, loss or damage incurred by you as a result of your use of any third party site. You understand that when using a third party site, you are subject to the terms of use and privacy policy of the third party site, and not these Terms of Use. Any claim you may have in relation to a third party site, must be brought directly against the third party site. You acknowledge and agree that in no event will EDY be liable in any way for any injury, loss or damage incurred by you as a result of your use of a third party site.
    6. 5.6Linking to EDY. You may link to this Site, provided that you comply with the following terms and conditions:
      • Your link must be a text-only link. The EDY logo may not be used for linking purposes, except with the express prior written consent of EDY.
      • You do not frame or otherwise create a browser or border environment around any portion of this Site or any Site Content.
      • You do not link to this Site from any adult or sexually oriented website.
      • You do not misrepresent or falsely suggest that your website or product or service is sponsored, endorsed or approved by, or affiliated with, EDY.
      • You do not disparage EDY, or publish false, misleading or inaccurate information about EDY.

You also acknowledge and agree that EDY is under no obligation to support your link to this Site and may block traffic from your website at any time and for any reason.


6.USER INDEMNITY

You agree to (i) indemnify and hold harmless EDY and its Suppliers (including their respective officers, directors, employees, agents and representatives) (collectively, "EDY and Related Parties") from and against any claim, action, suit, proceeding or investigation brought by a third party (hereinafter, a "Third Party Claim") and (ii) pay any and all damages, settlements, judgments, awards, fines, costs and expenses (including, without limitation, court costs and attorneys’ fees) associated with such Third Party Claim, to the extent such Third Party Claim arises out of or relates to any of the following:

  • (i)your use or misuse of, or your reliance upon, this Site or any Site Content or another’s User Content;
  • (ii)your violation of these Terms of Use or any applicable law;
  • (iii)any of your User Content, including claims that it infringes a third party’s intellectual property rights;
  • (iv)your use of any product purchased from this Site; or
  • (v)your use of any third party Site, product or service.

EDY reserves the right, at your expense, to assume the legal defense of a Third Party Claim for which you are required to indemnify EDY and its Suppliers, and you agree to fully cooperate with EDY in such legal defense. You agree not to settle any Third Party Claim for which you are required to indemnify EDY and its Suppliers, without the express prior written consent of EDY. EDY will use reasonable efforts to notify you in the event EDY receives notice of a Third Party Claim for which you are required to indemnify EDY and its Suppliers; however, EDY’s failure to so notify you will not in any way excuse or relieve you from your indemnity obligations hereunder.

7.DISCLAIMER OF WARRANTIES; LIMITATIONS OF LIABILITY

By using this Site, you acknowledge and agree as follows:

  • THIS SITE (INCLUDING ALL SITE CONTENT) AND ALL USER CONTENT ARE PROVIDED "AS IS" AND "AS AVAILABLE" WITHOUT WARRANTY OF ANY KIND, WHETHER EXPRESS OR IMPLIED. TO THE FULLEST EXTENT PERMITTED BY LAW, EDY AND ITS SUPPLIERS EXPRESSLY DISCLAIM ANY AND ALL WARRANTIES, WHETHER EXPRESS OR IMPLIED, WITH RESPECT TO THIS SITE (INCLUDING ALL SITE CONTENT) AND ALL USER CONTENT, INCLUDING, WITHOUT LIMITATION, IMPLIED WARRANTIES OF MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE, AND WARRANTIES OF TITLE AND NON-INFRINGEMENT. WITHOUT LIMITATION TO THE GENERALITY OF THE FOREGOING, EDY AND ITS SUPPLIERS DO NOT WARRANT THAT THIS SITE (INCLUDING ALL SITE CONTENT) AND ALL USER CONTENT (A) WILL BE ACCURATE, ERROR-FREE, UP TO DATE, COMPLETE, OR USEFUL, OR WILL BE UNINTERRUPTED, OR WILL BE AVAILABLE AT ANY PARTICULAR TIME OR LOCATION; (B) ANY DEFECT OR ERROR IN THIS SITE (INCLUDING ANY SITE CONTENT) OR IN ANY USER CONTENT WILL BE CORRECTED; OR (C) THIS SITE (INCLUDING ALL SITE CONTENT) AND ALL USER CONTENT WILL BE SECURE AND FREE OF ANY VIRUS OR OTHER HARMFUL COMPONENT.
  • IN NO EVENT SHALL EDY AND/OR ITS SUPPLIERS BE LIABLE TO YOU OR ANY OTHER USER (WHETHER UNDER CONTRACT, TORT, NEGLIGENCE, STRICT LIABILITY, WARRANTY OR ANY OTHER LEGAL OR EQUITABLE THEORY) FOR ANY DIRECT, INDIRECT, INCIDENTAL, EXEMPLARY, SPECIAL, PUNITIVE OR CONSEQUENTIAL DAMAGES (INCLUDING, WITHOUT LIMITATION, LOSS OF USE, LOSS OR CORRUPTION OF DATA, LOSS OF BUSINESS, PROFIT, REVENUE OR GOODWILL) ARISING OUT OF OR RELATED TO THIS SITE OR ANY SITE CONTENT, OR ANY USER CONTENT, OR THE PROVISION OR USE OF ANY OF THE FOREGOING, EVEN IF EDY AND ITS SUPPLIERS HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH LOSS OR DAMAGES.
  • IN NO EVENT SHALL EDY AND/OR ITS SUPPLIERS BE LIABLE TO YOU IN CONNECTION WITH A PURCHASE YOU MAKE ON THIS SITE, FOR ANY DAMAGES IN EXCESS OF THE TOTAL AMOUNT ACTUALLY PAID BY YOU FOR THE PURCHASE.
    BECAUSE SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OR LIMITATION OF CERTAIN WARRANTIES, DAMAGES OR LIABILITIES, SOME OF THE EXCLUSIONS AND LIMITATIONS SET FORTH ABOVE MAY NOT APPLY TO YOU. ACCORDINGLY, NOTHING IN THIS SECTION 7 AFFECTS ANY WARRANTIES, DAMAGES OR LIABILITIES WHICH CANNOT BE EXCLUDED OR LIMITED UNDER APPLICABLE LAW.

8.DISPUTE RESOLUTION BY BINDING ARBITRATION AND CLASS ACTION WAIVER; CHOICE OF LAW

We encourage you to contact our Customer Service department if you have concerns or complaints about EDY. Generally, customer complaints can be satisfactorily resolved in this way. If we cannot resolve your concerns informally, disputes between you and EDY shall be resolved pursuant to this Section 8.

You and EDY agree to arbitrate all disputes and claims (including the interpretation and scope of this clause, and the arbitrability of the dispute or claim) relating to EDY, including, without limitation, all claims arising out of or relating to any aspect of your relationship with EDY, whether based in contract, tort, statute, fraud, misrepresentation or any other legal theory, that arose either before or during this, or any prior, version of these Terms of Use, or that may arise after termination of your relationship with EDY. Notwithstanding the forgoing, if you have in any manner violated or threatened to violate any EDY intellectual property right we may bring suit in any state or federal court in the state of California. You consent to exclusive jurisdiction and venue in these courts.

Arbitration is more informal than a lawsuit. Arbitration uses a neutral arbitrator instead of a judge or jury, allows for more limited discovery than in court, and is subject to limited review by courts. Under this Agreement, arbitrators can award the same individual relief affecting individual parties that a court can award, including damages and an award of attorneys' fees, if the applicable law allows. BY AGREEING TO RESOLVE DISPUTES THROUGH ARBITRATION, YOU AND EDY AGREE TO EACH UNCONDITIONALLY WAIVE THE RIGHT TO A TRIAL BY JURY OR COURT (except small claims court). Instead of arbitration, either party may bring an individual action in a small claims court for disputes or claims that are within the scope of the small claims court's authority.

The Federal Arbitration Act governs the interpretation and enforcement of this arbitration provision. The arbitration shall be conducted before one commercial arbitrator with substantial experience in resolving commercial contract disputes, administered by JAMS pursuant to JAMS’ Streamlined Arbitration Rules and Procedures, as modified by this Terms of Use, and unless otherwise agreed upon by the parties in writing. For more information on JAMS, its rules and procedures, and how to file an arbitration claim, you may call JAMS at 800-352-5267 or visit the JAMS website at http://www.jamsadr.org.

Arbitration will proceed at a location that the arbitrator selects within 100 miles of your primary residence, unless you and EDY agree otherwise.

The arbitrator shall issue a reasoned written decision sufficient to explain the essential findings and conclusions on which the award is based. The arbitrator’s award shall be final and may be enforced in any court of competent jurisdiction.

In the event that you are able to demonstrate to the arbitrator that the costs of arbitration will be prohibitive as compared to costs of litigation, EDY will pay as much of your arbitration filing and hearing fees in connection with the arbitration as the arbitrator deems necessary to prevent the arbitration from being cost-prohibitive as compared to the cost of litigation. EDY also reserves the right in its sole and exclusive discretion to assume responsibility for all of the costs of the arbitration. However, EDY will not pay your share of the arbitration fees if the arbitrator finds that either your claim or the relief sought is frivolous or brought for an improper purpose, as measured by the standards of Federal Rule of Civil Procedure 11(b).

YOU AND EDY AGREE THAT ANY CLAIMS BROUGHT BY YOU OR EDY WILL BE BROUGHT IN THE PARTIES’ INDIVIDUAL CAPACITY AND WILL NOT BE BROUGHT AS A CLASS, REPRESENTATIVE, COLLECTIVE OR PRIVATE ATTORNEY GENERAL ACTION. The arbitrator may not consolidate more than one person’s claims, and may not otherwise preside over any form of a class, representative, or private attorney general proceeding. You and EDY agree to seek only such individual relief – whether in the form of individual damages, an individualized injunction, or other non-monetary individual relief – as is necessary to resolve any individual injury that either you or EDY has suffered or may suffer.

The requirement that claims be brought in binding arbitration only in an individual capacity and not as a representative, private attorney general, or class member ("Class Action Waiver") is non-severable. If the Class Action Waiver is found to be unenforceable, then the entirety of this arbitration provision shall be null and void, with the exception of the next sentence. In the event the Class Action Waiver is found to be unenforceable, or in the event the agreement to arbitrate is found to not apply to a dispute, that such action between you and EDY shall proceed in the federal or state courts located in Santa Clara County, California.

Notwithstanding any provision in these Terms of Use to the contrary, EDY agrees that if EDY makes any change to this arbitration provision, such change will not be applicable to any dispute to which you had previously provided notice to EDY.

If you do not want to be bound to this agreement to arbitrate, you must opt out of it within 30 days of it first becoming applicable to you (i.e., within 30 days of you first agreeing to a version of these Terms of Use containing an arbitration agreement). To opt out of this agreement to arbitrate, you must send a letter or postcard to EDY’s headquarters, to the attention of the "Legal Department" and state that you do not want to be bound by this arbitration agreement. EDY’s address is 4300 Port Union Road, West Chester, OH 45011.

These Terms of Use and your use of EDY are governed by the laws of the State of California, subject to the Federal Arbitration Act, without regard to its choice of law provisions.

These Terms of Use expressly exclude and disclaim the terms of the U.N. Convention on Contracts for the International Sale of Goods, which shall not apply to any transaction conducted through or otherwise involving EDY.

9.INTERNATIONAL SHIPPING AND CUSTOMS FEES

International Shipments

Delivery of products purchased from EDY shall occur, and risk of loss and title to products shall pass to you, in the case of products shipped by courier / carrier, at the time EDY transfers the products to the carrier or shipping agent at the facility in the United States from which your order is shipped or, in the case of products shipped through the United States Postal Service, at the time EDY transfers physical possession of the products to the United States Postal Service or its agent.

Customs Fees (if applicable)

Orders shipped outside the United States may be subject to customs import duties and/or taxes based on the destination country. If assessed, customs charges (i.e., duties and taxes) are your responsibility in addition to shipping cost. EDY is unable to predict or control customs charges as they are levied by the destination country.

For Canadian Customers

For goods shipped through the United States Postal Service

Products will be shipped through the United States Postal Service ("USPS") and ultimately through Canada Post. Goods may be shipped through the USPS ePacket service, in which case applicable duties and taxes will be collected by EDY or its shipping agent and paid to the CBSA (as defined below) on your behalf if assessed by CBSA at the time of importation, or through the regular USPS service, in which case you are responsible for paying the applicable duties and taxes at the time you receive your products. In either case, you are ultimately responsible for paying all applicable duties and taxes on the products.

For goods shipped by means other than through the United States Postal Service

By ordering products from EDY, you authorize the customs broker selected by EDY or its shipping agent to act as your agent to transact business with the Canada Border Services Agency ("CBSA") to clear merchandise, pay duties and taxes, and to handle any merchandise returns and refund claims on your behalf. On checkout, EDY calculates and collects the applicable taxes and duties that the broker will pay on your behalf to the CBSA.

10.CALIFORNIA TRANSPARENCY IN SUPPLY CHAINS ACT

In accordance with the California Transparency in Supply Chains Act of 2010, we strive to maintain a culture of compliance with all applicable laws, rules and regulations, and the highest standards of ethics and business conduct with respect to human trafficking, slavery and forced labor of any kind, including child and prison labor. EDY expects its suppliers to conduct their businesses not only in a lawful manner, but also in compliance with the same high standards of integrity and ethics.

EDY expects its suppliers to refrain from the direct or indirect use of slavery, forced labor or any forms of human trafficking. EDY will not knowingly do business with any supplier that supports, condones or otherwise has issues with slavery, human trafficking or forced labor. However, EDY does not verify its supply chain to evaluate the risks of noncompliance involving slavery and human trafficking issues.

EDY does not monitor its supply chain to evaluate supplier compliance with company standards for trafficking and slavery in supply chains. However, if EDY becomes aware that a supplier has violated applicable laws, EDY will take appropriate action, which may include auditing the supplier’s facilities or terminating the supplier.

EDY does not currently require its direct suppliers to make any certifications regarding human trafficking or slavery. However, EDY requires its retail vendors to comply with the California Transparency in Supply Chains Act. EDY does not currently have any specific internal standards or procedures for employees or contractors failing to meet its standards regarding slavery and trafficking. EDY does not currently conduct any specific management or employee training relating to issues of slavery and human trafficking.

11.TEXT MARKETING AND NOTIFICATIONS

By entering your phone number in the checkout and initializing a purchase, subscribing via our subscription form or a keyword, you consent and agree that we may send you text notifications (for your order, including abandoned cart reminders) and text marketing offers. Text marketing messages will not exceed 30 a month. You acknowledge that consent is not a condition for any purchase.

If you wish to unsubscribe from receiving text marketing messages and notifications reply with STOP to any mobile message sent from us or use the unsubscribe link we provided you within any of our messages. You understand and agree that alternative methods of opting out, such as using alternative words or requests will not be accounted for as a reasonable means of opting out. Message and data rates may apply.

For any questions please text HELP to the number you received the messages from. You can also contact us for more information. If you wish to opt-out please follow the procedures above

12.CHANGES TO THESE TERMS OF USE

We reserve the right to make changes to the Site and to these Terms of Use from time to time. When we make changes, we will post them here. For this reason, we encourage you to review these Terms of Use whenever you use our Site because, by visiting the Site, you agree to accept any such changes. If you do not agree with our changes to these Terms of Use, your sole and exclusive remedy will be to discontinue use of this Site.

13.MISCELLANEOUS

If any provision of these Terms of Use is deemed invalid, illegal or unenforceable by a court of competent jurisdiction, the invalidity, illegality or unenforceability of such provision shall not affect the remaining provisions of these Terms of Use, all of which shall remain in full force and effect. No waiver of any provision of these Terms of Use shall be deemed a further or continuing waiver of such provision or a waiver of any other provision, and EDY’s failure to assert any right under these Terms of Use or to enforce any provision of these Terms of Use shall not be deemed a waiver of such right or provision. Any claim or cause of action you may have with respect to EDY or the Site must be commenced within one (1) year after the claim or cause of action arose. EDY may assign its rights and obligations under these Terms of Use to any third party at any time without notice to you. You may not assign the Terms of Use or any of your rights or obligations under the Terms of Use. These Terms of Use will be binding upon and inure to the benefit of the parties and their respective successors, heirs, trustees, administrators, and assigns.

14.NOTICE TO CALIFORNIA RESIDENTS

To comply with California Business & Professions Code Section 17538, EDY provides the following notice to users who are California residents:

  • Our legal name is Spiraledge, Inc., d/b/a/ EverydayYoga.com.
  • Our address is 4300 Port Union Road, West Chester, OH 45011.
  • Our telephone number is 1-877-277-2795.
  • Our return policy and related information is available at: https://support.everydayyoga.com/hc/en-us/sections/200736824-Returns?navsrc=footer.
  • For complaints, California residents may contact the Complaint Assistance Unit of the Division of Consumer Services of the California Department of Consumer Affairs, in writing at 1625 N. Market Blvd., Suite N-112, Sacramento, CA 95834, or by telephone at (916) 445-1254 or (800) 952-5210, or by email at dca@dca.ca.gov.

15.CONTACT US

Spiraledge, Inc., c/o EverydayYoga.com
4300 Port Union Road
West Chester, OH 45011
Tel: 1-877-277-2795
Email: shop@everydayyoga.com

YOU MUST CHECK THE CONSENT BOX BELOW TO CONFIRM THAT YOU HAVE READ AND AGREE TO BE BOUND BY OUR TERMS OF USE AND PRIVACY POLICY.

Schedule 1 to Terms of Use for International Shipments Only

1. You are shopping on everydayyoga.com’s website (the “Merchant”).

2. If you place a Qualifying Customer Order, the Product(s) that you are purchasing will be sold first by the Merchant to Passport Global Inc (“Passport”), and then by Passport to you under these Terms and Conditions. Your payment information, shipping address, and any additional information required or requested to complete your order will be shared directly with Passport and its nominated agents and contractors, in order to enable Passport to complete your Qualifying Customer Order.

3. Your Qualifying Customer Order is subject to: (1) these Terms and Conditions; and (2) any relevant terms and conditions imposed by the Merchant. By completing your purchase, you confirm that you have read and agree to be bound by all of these. By placing a Qualifying Customer Order on the Merchant’s website, you understand and agree that:

3.1 You are dealing with and providing your information to Passport. Passport may contact you about your order.

3.2 If there is an error in the price listed for a Product on the Merchant’s website, or in the price applied to the product during the sale of and processing of your order for the Product, Passport and its nominated agents are entitled to contact you, correct the price, and/or cancel your order.

3.3 The Merchant remains responsible for handling payment for your order.

3.4 Once your payment is processed, ownership in the items will shift from Passport, to you.

3.5 Certain addresses will be ineligible for shipment, such as PO box addresses.

3.6 Passport may refuse service, refuse to process or complete Qualifying Customer Orders, remove or edit content, or cancel such orders for any reason or for no reason, in its sole discretion.

3.7 If you are under the age of majority in the jurisdiction in which you reside, approval of your parent or guardian is required to complete your purchase.

3.8 You authorize Passport and its nominated agents and contractors to perform any of the following activities in connection with the delivery of any Products: (i) to act as your agent to make and file customs declarations and all related actions as your direct representative, which expressly includes completing any documents, amending product or Harmonised System codes, and paying any duties, taxes or penalties required under applicable laws and regulations; (ii) to act as forwarding agent for customs import and export control purposes solely for the purpose of designating a customs broker to perform customs clearance and entry; and (iii) to redirect an order to your customs broker or other address upon request by any person whom Passport’s nominated agents and contractors believe in its reasonable opinion to be authorized.

4. Currency. You may select your preferred payment method and currency from a list of options available at the time of checkout. Please note that the relative value of currencies may vary, and as a result, the actual purchase price for items in your order may vary based on the currency selected.

5. Billing. If you use a payment card or other electronic form of payment as your payment type, the charges to your account for your order will be subject to the Merchant’s terms and conditions.

6. Shipping. Items in your order may be shipped via a single shipment, or via multiple shipments. If items in your Qualifying Customer Order are shipped via multiple shipments, or if your order is only partially filled and shipped, you will only be charged for those items that are actually shipped to you.

7. Shipping. Items in your order may be shipped via a single shipment, or via multiple shipments. If items in your Qualifying Customer Order are shipped via multiple shipments, or if your order is only partially filled and shipped, you will only be charged for those items that are actually shipped to you.

8. Customer Service and Returns. Questions or complaints about your order should be directed to the Merchant in the first instance. Passport may work with the Merchant as necessary to resolve your issue. The Merchant is authorised to allow for returns or refunds on orders in accordance with the Merchant’s policy, including to reimburse you for the original sales prices of Products returned to the Merchant’s nominated address. Passport may however refuse any return requested if a restriction applies to the item for which the return is requested. You accept that your sole remedies are against the Merchant. Where a return by the Customer is authorised by Passport or the Merchant, Passport shall also have the right to return the item to Merchant and accordingly the Merchant shall issue a credit note to Passport and Passport shall provide a credit note to the Customer, and Passport’s direction, ownership and risk in the Products for return shall pass directly to the Merchant. Where a return is authorised by Passport or the Merchant, the Merchant shall, at Passport’s direction and acting in its name, provide a credit note to the Customer to the extent of the value of the Product(s) authorised to be returned directly to the Merchant. In relation to any return of Products to the Merchant, you authorise Passport and its nominated agents to act on your behalf, and to recover for its own account, any import duties and taxes. If required, you will sign any such document that is reasonably required to facilitate the return of the Products and the recovery of any import duties and taxes.

9. General Terms. The following general terms apply whenever you place a Qualifying Customer Order through the Merchant’s website:

9.1 Compliance with Applicable Laws. You certify that any Products purchased through a Qualifying Customer Order will not be imported, exported, sold, or transferred in violation of any applicable laws, including without limitation the United States Export Administration Regulations or applicable United States sanctions and embargoes administered by the United States Treasury Department, and equivalent statutes, regulations and codes of England and Wales or the EU. It is your responsibility to know the laws of the country into which you are importing any Products that you order from the Merchant’s website. By placing a Qualifying Customer Order you certify that the import of the Products you have ordered to the country of the shipping address you have provided does not violate any laws or regulations of that country.

9.2 Privacy. To complete your Qualifying Customer Order you will be providing personal information to the Merchant and Passport and you consent to your personal information being collected, used, processed, disclosed and/or stored by the Merchant and Passport and our service providers as may be required in order to process and complete your order and otherwise provide the services you have requested, in accordance with the Merchant’s and Passport’s Privacy Policy. Passport accepts no liability or responsibility for the collection, use, processing, disclosure or storage of your personal information by the Merchant or any service provider engaged by the Merchant. The collection, use, processing, disclosure and/or storage of your personal information by the Merchant or its service providers is governed by the Merchant’s privacy policy. Merchant accepts no liability or responsibility for the collection, use, processing, disclosure or storage of your personal information by Passport or any service provider engaged by the Passport. The collection, use, processing, disclosure and/or storage of your personal information by Passport or its service providers is governed by Passport’s privacy policy. The Merchant and Passport may analyse transactional data for the purpose of identifying trends, statistics and measurements that could contribute to the enhancement of the Merchant’s Customer experience and/or the services provided by Passport. Any transactional data analysed for these purposes will be aggregated and de-identified, meaning that any personally identifiable information will be removed.

9.3 Electronic Communications. When you place a Qualifying Customer Order through the Merchant’s website, you are communicating with Passport electronically, and you consent to entering into this agreement by electronic means, and to receive communications from Passport electronically/via email.

9.4 Modifications. You acknowledge that Passport may make changes to its system, policies, and these Terms and Conditions in this Schedule 1 at any time. Passport will ensure that the current version of these Terms and Conditions in this Schedule 1 is presented every time you make a Qualifying Customer Order on the Merchant’s website. You are responsible for reviewing these Terms and Conditions each time you make a Qualifying Customer Order. If you do not agree to any change in the Terms and Conditions, you must not complete your order. Any order placed after the effective date of a change will constitute your agreement to the change and to the current Terms and Conditions.

9.5 Severability. If any or any portion of these Terms and Conditions in this Schedule 1 is found to be invalid, void, or for any reason unenforceable, that term or portion of terms will be severed, and will not affect the validity and enforceability of the remaining terms.

9.6 Proceedings. Any action or proceeding arising out of or relating to these Terms and Conditions in Schedule 1 must be brought in the courts of California, United States, and you hereby irrevocably agree to the jurisdiction of the courts of California, United States for all such purposes.

9.7 Language. The parties have agreed and expressly requested that these Terms and Conditions in this Schedule 1 and all documents related to it be drawn up in English.

9.8 Definitions. “Member State”, “third country” and “third territories” as defined in Article 5 of Council Directive 2006/12/EEC. “Products” means those goods offered for sale via the Merchant’s website which are not of a class or description subject to any duty of excise whether or not those goods are in fact chargeable with that duty, and whether or not that duty has been paid on those goods, or prohibited or restricted goods were they to be imported into the UK, and which are not subject to any restrictions on export, sale, or transfer in violation of any Applicable Laws. “Product Prices” means the prices including VAT at the appropriate rate of the Products as held out for sale to Customer by the Merchant and accordingly, by Passport to Customer; and “Product Price” means the price of an individual Product. “Qualifying Customer Order” meets all of the following conditions:

(A) It is an order for Product or Products placed via the Merchant’s website which are to be transported from:

  • a third country or territory, excluding Northern Ireland ("NI"), to an address in a Member State of the EU (e.g. USA to France);
  • a third country or territory, excluding the UK, or from a Member State of the EU to an address in Great Britain (e.g. Germany to England); or
  • a third country or territory, excluding NI, to an address in NI (e.g. USA to NI); and

(B) In relation to the transport of a Product or Products to an address:

  • in Great Britain or NI, the total intrinsic value of the Product or Products comprising that order does not exceed £135 (one hundred and thirty five) British Pounds Sterling, or where Products comprising an order exceed that sum but are sent in separate consignments, the intrinsic value of each consignment of which the Product or Products form part does not exceed £135 (one hundred and thirty five) British Pounds Sterling; and
  • in a Member State of the EU, the total intrinsic value of the Product or Products comprising that order does not exceed €150 (one hundred and fifty) Euros, or where Products comprising an order exceed that sum but are sent in separate consignments, the intrinsic value of each consignment of which the Product or Products form part does not exceed €150 (one hundred and fifty) Euros.