Disclaimer
SECTION 1 - TERMS OF DISCLAIMER
The following Disclaimer states the terms and conditions between The Yoga Rocks (https://www.theyogarocks.com), a brand of “Body Love Yoga, LLC” and you as a buyer, customer, and purchaser of the products, goods, and equipment purchased from us by any possible means. Our products may include but are not limited to “Body Rocks” -a supporting equipment for yoga training (“product”). You agree to and are bound by the terms of the disclaimer set forth below which we may update from time to time. For the purpose of this Disclaimer, “we”, “our”, “us”, “seller” means “Yoga Rocks” and “Body Love Yoga, LLC”, while “you”, “your”, means the purchaser, customer, and consumer.
SECTION 2 - ACKNOWLEDGMENT BY THE BUYER
By purchasing the products of us the buyer acknowledges that its presence, use, provision, or performance of services or participation in activities such as yoga on or about our products may expose the buyer to certain risks including injuries, accidents falls, choking hazards, muscle strains, property damage, physical damage, or other harm could occur to the buyer, kids, pets or others in the area. It is further stated that the buyer is voluntarily participating in activities related to our products with knowledge and acceptance of the substantial risks, hazards, and other dangers involved. The buyer and user of the products hereby accept any and all risks of injury (including death) arising out of or in any way connected with the activity, utilization, handling, or usage of all products sold by us.
SECTION 3 - WARRANTIES DISCLAIMER
The services and products of Yoga Rocks are made available “as is,” without warranties of any kind, either express or implied, including, but not limited to, implied warranties of merchantability or fitness for a particular purpose, non-infringement, or otherwise, all such warranties being expressly disclaimed. To the extent allowed by law, neither Yoga Rocks nor the parent company Body Love Yoga, LLC, nor any of its store partners, makers, owners, merchants, vendors, service providers, information providers, licensors, employees, officers, directors, members, assignees, or agents shall have any liability for incidental, consequential, indirect, exemplary, punitive, or special damages suffered by you or any other party arising out of or related to your use of our products and online store(s), services or products, or your purchase of services or products from the seller via our store or otherwise.
SECTION 4 - HEALTH DISCLAIMER
Body Love Yoga, LLC is not a medical organization and cannot – and does not – give you medical advice or a medical diagnosis. Nothing contained in the seller’s products or online services should be construed as medical advice or a medical diagnosis. Any information and reports generated by our products or online store should not be interpreted as a substitute for physician consultation, evaluation, treatment, or good sense and personal judgment about one’s own condition. Participating in any type of sports has an inherent risk of injury. The risk of injury from participation in a fitness regimen and/or from the performance of any exercise is significant, including the potential for catastrophic injury or death. You should and must consult a medical professional before undertaking any fitness regimen or exercise program, including any exercises or techniques set forth or described through our products. Any text, pictures, and description set forth in this description or details of our products or in-person services is for informational purposes only (e.g., the information illustrates and explains various fitness-related and exercise techniques) and does not advise that you or any other customer undertake or perform any particular technique or exercise. You agree that you will not undertake or perform any exercise or technique described on our product description or otherwise specified by any way of our products unless you consult with and are cleared by a medical doctor in relation to such participation. All users of our products and online store and services and/or the other products and services of Yoga Rocks and Body Love Yoga, LLC are specifically warned to seek professional medical advice prior to initiating yoga training or any form of sports training, physical training, or exercise regimen related to Yoga Rocks.
SECTION 5 - CHOKING HAZARD DISCLAIMER
Yoga Rocks are a silicone-based product that is not intended for children in any way. If you have children under the age of 8 or house pets, make sure to assume all of the following warnings may apply to you. Small Parts Warning: Children under 8 years can choke or suffocate on the product or broken piece of the product. Make sure to supervise the children until the product is fully attached to the mat. Although, silicone is a very sturdy material if it breaks off then dispose of it quickly and discard all broken parts at once. Information is herein is general and non-specific and is not intended to confer opinions or advice of any kind. Yoga Rocks and Body Love Yoga, LLC disclaim all responsibility and accept no liability (including negligence) for consequences of any person acting, or refraining from acting on this information.
SECTION 6 - MEDICAL LIABILITY DISCLAIMER
By purchasing our products, you acknowledge and confirm that you assume full responsibility for any and all damages, injuries, or losses that you may sustain or incur if any while attending or participating in any exercise programs, sport, or physical activity. You waive all claims against Yoga Rocks website and Body Love Yoga, LLC, its officials, and employees, for any and all claims for injuries or damages that you might sustain. You also understand that there is a risk of injury associated with participating in any exercise program or sports activity and you certify that you are in a good physical condition and have no known disabilities that might otherwise be detrimental to your health or well-being.
SECTION 7 - CONFIDENTIALITY DISCLAIMER
All information collected and shared by the users on our website will be held confidential and we will not disclose the information to anyone, except other than we’ve described in our Privacy Policy or where the disclosure of the information is required by the law or for the purpose of rendering our services such as sharing users’ information with ShipStation. However, there may be potential risks involved in providing services through electronic means. There may be delays in services due to the malfunction of internet services or unforeseen and unfortunate events such as strikes, lockdowns, and/or emergencies. We will not be liable to anyone in case of such disruption which is caused by interruption of technology, the force of nature, or any satiation which is beyond our control.
SECTION 8 - TESTIMONIALS
We present on our website real-world testimonials, experiences, and reviews about other people’s experiences with our services and work. These reviews experiences, testimonials, examples, and feedback are of actual clients and results they personally achieved, or they are reviews from individuals who can speak about the usage of Yoga Rocks and other services we are offering through our website. Each user or client has approved these testimonials, reviews, and experiences for the use on our website and services, but they are not intended to prove or guarantee that the same results and experiences would be achieved for future customers. Rather, these customers' reviews and experiences represent what is possible with the usage of our services, work, and communications. Each of these unique reviews and comments, and any and all results reported in these testimonials and reviews by our customers on our website and services are the results of different variables, some of which we cannot control.
SECTION 9 - UNFORESEEN EVENTS AND FORCE MAJEURE
Any act or situation which is beyond our control is known as a “Force Majeure Event”. In such a circumstance, we are not liable for any failure to perform or delay in performance of our obligations or shipping under our general terms. Any act, event, non-happening, omission, or accident beyond our control includes (but is not limited to):
- Strikes, lock-outs, or other industrial action.
- Civil commotion, riot, invasion, cyber-attack, terrorist attack or threat of terrorist attack, war (whether declared or not) or threat or preparation for war.
- Fire, explosion, storm, flood, earthquake, subsidence, epidemic, or other natural disasters.
- Impossibility of the use of railways, shipping, aircraft, motor transport, or other means of public or private transport.
- Interruption or failure of utility service (including the inability to use public or private telecommunications networks).
- The acts, decrees, legislation, regulations, or restrictions of any government.
We will use our reasonable endeavors to bring any Force Majeure Event to a close or to find a solution by which our obligations under the general terms or any related contract between us may be performed despite the Force Majeure Event.
SECTION 10 - INDEMNIFICATION AND RELEASE OF CLAIMS
The buyer to the fullest extent permitted by law, shall indemnify, defend, hold harmless, protect and defend the owner, manufacturer, seller, distributor, affiliate or anyone associated with the website of Yoga Rocks (https://www.theyogarocks.com) and Body Love Yoga, LLC from and against any and all liabilities, claims, damages, losses, demands, lawsuits, costs, and expenses, including (but not limited to) attorney fees, arising out of or resulting from any cause of action for any reason whatsoever including but not limited to the negligence or misconduct in connection with participation in the usage of our products. Should any such claim, demand, or lawsuit arise or be asserted in any way whatsoever related thereto, whether arising under the laws of the United States, any state, or under the law of any other country whatsoever, the buyer will, indemnify, hold harmless and defend the owner, manufacturer, seller, partner, distributor, affiliate or anyone associated with Body Love Yoga, LLC from any and all costs, expenses, or liability including but not limited to the cost of any settlement or judgment made or rendered against the owner, manufacturer, seller, partner, distributor, affiliate or anyone associated with our website and company. Your use of the products and your reliance on any kind of information is solely at your own risk. The seller will not be held responsible or liable in any way for the information or products that you request or receive through our store. By buying our products you as a consumer do hereby indemnify us from all claims that may result in any of the conditions stated above.