Bikram Yoga Durham and Bikram Yoga Danvers (“we,” “us,” or “our”) thank you for visiting our umbrella site, ibgrace.com (“the Site”).
THE SECTION BELOW TITLED “CLASS ACTION WAIVER” CONTAINS A CLASS ACTION WAIVER. IT WILL AFFECT YOUR LEGAL RIGHTS. PLEASE READ THIS SECTION WITH PARTICULAR ATTENTION.
Description and use of the Site
We provide Visitors with access to the Services as described below.
Description of Visitors. Visitors are people, particularly within the United States and the specific states of New Hampshire and Massachusetts, who wish to explore the Site. Visitors are not obligated to spend money or pursue contract or communication of any kind with Bikram Yoga Durham or Bikram Yoga Danvers. No login is required for Visitors. Visitors can: (i) view all publicly available content on the Site; and (ii) email us.
By accessing and/or using the Site, you agree to comply with these community guidelines (the “Community Guidelines”) and that:
You will comply with all applicable laws in your use of the Site and will not use the Site for any unlawful purpose. By complying, you agree to the following:
• In the event that public areas are opened on the Site where content can be uploaded or shared by Visitors (such as a blog with the option to comment; forums; connected accounts populated with content by hashtag; or other similar functions) you will not upload, post, email, transmit, or otherwise make available any content that:
• infringes any copyright, trademark, right of publicity, or other proprietary rights of any person or entity; or
• is defamatory, libelous, indecent, obscene, pornographic, sexually explicit, invasive of another’s privacy, promotes violence, or contains “hate speech” (i.e., speech that attacks or demeans a group based on race or ethnic origin, religion, political affiliation, disability, gender, age, veteran status, and/or sexual orientation/gender identity); or
• discloses any sensitive information about another person, including that person’s email address, postal address, phone number, credit card information, family identity or information, criminal history, or any similar types of content.
• You will not stalk, threaten, or otherwise harass another person;
• You will not spam or use the Site to engage in any commercial activities;
• You will not access or use the Site to collect any market research for a competing business;
• You will not impersonate any person or entity or falsely state or otherwise misrepresent your affiliation with a person or entity;
• You will not interfere with or attempt to interrupt the proper operation of the Site through the use of any virus, device, information collection or transmission mechanism, or software, or access or attempt to access any data, files, or passwords related to the Site through hacking, password or data mining, or any other means;
• You will not use any robot, spider/spyder, scraper, or other automated means to access the Site for any purpose without our express written permission (*note: we acknowledge the need of search engines to use some of the aforementioned automated means for gathering information pertinent to relevant keyword searches, and grant the operators of public search engines permission to use spiders/spyders to copy materials from the public portions of the Site for the sole purpose of and solely to the extent necessary for creating publicly-available searchable indices of the materials, but not caches or archives of such materials);
• You will not take any action that imposes or may impose (at our sole discretion) an unreasonable or disproportionately large load on our technical infrastructure; and
• You will let us know about inappropriate content of which you become aware. If you find something that violates our Community Guidelines, please let us know, and we’ll review it.
We reserve the right, in our sole and absolute discretion, to deny you access to the Site, or any portion of the Site, without notice, and to remove any content that does not adhere to these Community Guidelines.
The Site is available for individuals aged 13 years or older. If you are 13 or older, but fall under the age of minority in your country, state, or other jurisdiction, you should review the full Agreement with your parent or guardian before accessing the Site at your parent or guardian’s discretion.
The Site contains material including but not limited to photography, copy, design, class structure, course/series/membership rates, lesson plans, graphics, images, sound recordings, and other material provided by or on behalf of Brandy Higgins-Keevan, Bikram Yoga Durham, and Bikram Yoga Danvers (the sum of which henceforth may be referred to as “the Content”). The Content may be owned by us or third parties. The Content is protected under both United States and foreign laws. Unauthorized use of the Content may violate copyright, trademark, and other laws, and may result in legal action by us.
Visitors may view all publicly available Content for their own personal, non-commercial use. Other than as expressly set forth in the aforementioned, you have no other rights in or to the Content, and you are forbidden to use the Content except as permitted under this Agreement. No other use is permitted without the prior written consent of Brandy Higgins-Keevan. Brandy Higgins-Keevan retains all right, title, and interest, including all intellectual property rights, in and to the Content. You must retain all copyright and other proprietary notices contained in the original Content. You may not sell, transfer, assign, license, sublicense, or modify the Content or reproduce, display, publicly perform, make a derivative version of, distribute, or otherwise use the Content in any way for any public or commercial purpose. The use or posting of the Content on any other website, social media page, or in a networked computer environment for any purpose is expressly prohibited.
If you violate any part of this Agreement, your permission to access and/or use the Content and the Site automatically terminates and you must immediately destroy any copies you have made of the Content.
The trademarks, service marks, and logos of Bikram Yoga Durham and Bikram Yoga Danvers used and displayed on the Site are registered and unregistered trademarks or service marks of Bikram Yoga Durham and Bikram Yoga Danvers. Other company, product, and service names located on the Websites may be trademarks or service marks owned by others (the “Third-Party Trademarks,” or the “Trademarks”). Nothing on the Site should be construed as granting, by implication, estoppel, or otherwise, any license or right to use the Trademarks, without our prior written permission specific for each such use. Use of the Trademarks as part of a link to or from any site is prohibited unless establishment of such a link is approved in advance by us in writing.
Elements of the Websites are protected by trade dress, trademark, unfair competition, and other state and federal laws and may not be copied or imitated in whole or in part, by any means, including, but not limited to, the use of framing or reversal. None of the Content may be retransmitted without the express, written consent of Brandy Higgins for each and every instance.
Association and Dissociation of Bikram Yoga Durham and Bikram Yoga Danvers to and from Bikram Yoga International
The Content on the Site does not reflect the views of Bikram Yoga International. Bikram Yoga Durham and Bikram Yoga Danvers are privately owned franchises of Bikram Yoga International, and Bikram Yoga International is not responsible for the Content on the Site.
Class Action Waiver
You agree that any arbitration or proceeding shall be limited to the Dispute between Bikram Yoga Durham OR Bikram Yoga Danvers and you individually. To the full extent permitted by law, (i) no arbitration or proceeding shall be joined with any other; (ii) there is no right or authority for any Dispute to be arbitrated or resolved on a class action-basis or to utilize class action procedures; and (iii) there is no right or authority for any Dispute to be brought in a purported representative capacity on behalf of the general public or any other persons. YOU AGREE THAT YOU MAY BRING CLAIMS AGAINST US ONLY IN YOUR INDIVIDUAL CAPACITY AND NOT AS A PLAINTIFF OR CLASS MEMBER IN ANY PURPORTED CLASS OR REPRESENTATIVE PROCEEDING.