Terms of Use

Terms and Conditions

Blue Pearl, LLC (“BP”), maintains this website (the “Site”) as a service to its members and the public. By using the Site or any current or future service(s) provided to you by BP(collectively the “Services”) you are agreeing to comply with and be bound these Terms and Conditions that may be modified from time-to-time on the Site (collectively, the "Terms"). The Terms govern your access to and use of the Site, the Services and any information, products, software, and/or features made available to you. If you are using the Site or Services on behalf of your employer, you represent that you are authorized to accept these Terms on your employer's behalf. The Terms apply to all visits to the Site and use of the Services, both now and in the future. ANY VIOLATION OF THESE TERMS MAY RESULT IN THE SUSPENSION OR TERMINATION OF YOUR ACCOUNT AND THE SERVICES.

  1. PROFESSIONAL CONDUCT AND LAWFUL USE

    BP is a yoga information resource and clearinghouse. You agree that You will not at any time conduct Your business in any manner that directly or indirectly offers, sells, leases, licenses or displays, delivers, advertises, recommends, or promotes any product(s), service(s), data, information, image(s), text and/or any content which:

    1. is unlawful or violates any applicable local, state, federal, national or international law, statute, ordinance, or regulation;
    2. antidiscrimination or false advertising;
    3. is associated with any form of adult, sexually oriented, or obscene materials or services;
    4. infringes on any patent, trademark, trade secret, copyright, right of publicity, or other proprietary right of any party, including, but not limited to, the unauthorized copying and posting of trademarks, pictures, logos, software, articles, musical works and videos;
    5. is threatening, abusive, harassing, defamatory, obscene, libelous, slanderous, deceptive, fraudulent, and invasive of another's privacy;
    6. victimizes harasses, degrades, or intimidates an individual or group of individuals on the basis of religion, gender, sexual orientation, race, ethnicity, age, or disability;
    7. impersonates any person or entity;
    8. contains harmful content, including, without limitation, software viruses, Trojan horses, worms, time bombs, cancel bots, spy-ware, or any other files, software programs, or technology that is designed or intended to disrupt, damage, surreptitiously intercept or expropriate the Services or any system, program, data or personal information or limit the functioning of any software, hardware, or equipment or to damage or obtain unauthorized access to any data or other information of any third party;
    9. violates any U.S. export or import laws, including, without limitation, the Export Administration Act and the Export Administration Regulations maintained by the Department of Commerce;
    10. offers or disseminates fraudulent goods, services, schemes, or promotions (i.e., make money fast schemes, chain letters, pyramid schemes) or engage in any unfair deceptive act or practice; or
    11. is associated with any form of gambling or lottery type services.

    The foregoing list is a non-exhaustive list of prohibited goods and services.

  1. INTERNET ABUSE

    You are prohibited from engaging in any form of Internet abuse, including but not limited to: (a) distributing, publishing, or sending any kind of unsolicited or unwelcome email to any number of network users (commonly referred to as “junk mail” or "spam"), including, without limitation, mass promotions, unauthorized or unsolicited commercial advertising, and informational announcements, anywhere on the Internet; (b) posting a single article or substantially similar articles to an excessive number of newsgroups or mailing lists; (c) repeated or deliberate posting of articles that are off-topic according to the charter of the newsgroup or mail list where such articles are posted; or (e) violating the CAN-SPAM Act.

  1. BREACH

    BP reserves the right and has absolute discretion to enforce the Terms. Company may, in its sole discretion, immediately terminate or suspend: (i) the Services; and/or (ii) access to this Site, if it determines that your services, offerings or activities violate the Terms.

  1. MODIFICATIONS TO THE SITE

    BP reserves the right to amend the Terms and modify or discontinue all or part of the Site, temporarily or permanently, with or without notice, and is not obligated to support or update the Site. The amended Terms shall automatically become effective immediately after they are initially posted on this Site. Your continued use of the Site after the posting of the amended Terms on the Site constitutes your affirmative: (a) acknowledgement of the Terms and its modifications; and (b) agreement to abide and be bound by the Terms, as amended. Should you object to any modifications of the Terms, your only recourse is to immediately: (a) terminate use of the Site and/or Services; and (b) notify BP of termination.

  1. LINKS TO THIRD PARTY SITES ARE NOT ENDORSEMENTS

    The Site contains links to third-party web sites. The linked sites are not under the control of BP, and BP is not responsible for the contents or policies of any linked site. BP provides these links as a convenience only, and a link does not imply endorsement of, sponsorship of, or affiliation with the linked site by BP. You should make whatever investigation you feel necessary or appropriate before proceeding with any transaction with any of these third parties.

  1. INTELLECTUAL PROPERTY RIGHTS

    The Site is proprietary to BP. All the text, images, marks, logos and other content of the Site (“Site Content”) is proprietary to BP or to third parties from whom BP has obtained permission. BP authorizes you to view, download, and print the Site Content provided that: (i) you may only do so for your own personal and non-commercial use; (ii) you may not copy, publish or redistribute any Site Content; (iii) you may not modify Site Content; (iv) you may not remove any copyright, trademark, or other proprietary notices that have been placed in the Site Content by BP. Except as expressly permitted above, reproduction or redistribution of the Site Content, or any portion of the Site Content, is strictly prohibited without the prior written permission of BP. To request permission you may contact BP at info@bluepearlcommunity.com. You represent and warrant that your use of Site Content will be consistent with this license and will not infringe or violate the rights of any other party or breach any contract or legal duty to any other parties.

  1. PAYMENT, TRANSACTIONS, AND REFUNDS

    Access to certain BP content may be subject to a fee. All payments (including applicable taxes) must be made in advance in US Dollars or other currency specified by BP. You are responsible for the payment of all charges associated with the use of the Site using your username.

    If your use of the Site is terminated by BP, you will be entitled to receive a refund of any credits or pre-payments which remain unused at the time of termination unless such use is terminated because you are in breach of these Terms. You will continue to be responsible for any fees or other charges incurred by you prior to such termination.

    Refunds can only be made to the credit/debit/charge card that was used for the original purchase. All refunds are at the discretion of BP.

  1. WARRANTY

    THE SITE AND SERVICES ARE PROVIDED ON AN “AS IS,” “AS AVAILABLE” BASIS. BP NEITHER REPRESENTS NOR WARRANTS THAT THE SITE OR SERVICES WILL BE AVAILABLE, ACCESSIBLE, UNINTERRUPTED, TIMELY, SECURE, ACCURATE, COMPLETE, ENTIRELY ERROR-FREE OR VIRUS FREE NOR DOES BP MAKE ANY WARRANTY AS TO THE RESULTS THAT MAY BE OBTAINED FROM THE USE OF THE SITE OR SERVICES OR AS TO THE ACCURACY OR RELIABILITY OF ANY CONTENT OR ANY INFORMATION OR PRODUCTS OBTAINED THROUGH THE SITE OR THAT DEFECTS IN THE SERVICES WILL BE CORRECTED. YOU EXPRESSLY ACKNOWLEDGE THAT THIS SITE AND THE SERVICES ARE COMPUTER NETWORK-BASED SERVICES, WHICH MAY BE SUBJECT TO OUTAGES, INTERRUPTIONS, ATTACKS BY THIRD PARTIES AND DELAY OCCURRENCES. IN SUCH AN EVENT AND SUBJECT TO THE TERMS HEREOF, COMPANY SHALL USE COMMERCIALLY REASONABLE EFFORTS TO REMEDY MATERIAL INTERRUPTIONS AND WILL PROVIDE ADJUSTMENTS, REPAIRS AND REPLACEMENTS, WITHIN ITS CAPACITY, THAT ARE NECESSARY TO ENABLE THE SITE AND THE SERVICES TO PERFORM THEIR INTENDED FUNCTIONS IN A REASONABLE MANNER. YOU ACKNOWLEDGE THAT COMPANY DOES NOT WARRANT THAT SUCH EFFORTS WILL BE SUCCESSFUL. IF COMPANY'S EFFORTS ARE NOT SUCCESSFUL, YOU MAY TERMINATE THE APPLICABLE SERVICE AGREEMENT AND CEASE USING THE SITE. THE FOREGOING SHALL CONSTITUTE YOUR SOLE REMEDY, AND COMPANY'S SOLE LIABILITY, IN THE EVENT OF INTERRUPTION, OUTAGE OR OTHER DELAY OCCURRENCES IN THE COMPANY SERVICES. YOU WAIVE AND COVENANT NOT TO ASSERT ANY CLAIMS OR ALLEGATIONS OF ANY NATURE ARISING FROM OR RELATING TO YOUR USE OF THE SITE OR SERVICES, INCLUDING, WITHOUT LIMITATION, ALL CLAIMS AND ALLEGATIONS RELATING TO THE ALLEGED INFRINGEMENT OF PROPRIETARY RIGHTS, THE ALLEGED INACCURACY OF CONTENT, OR ALLEGATIONS THAT COMPANY HAS OR SHOULD INDEMNIFY, DEFEND, OR HOLD YOU HARMLESS FROM ANY CLAIM OR ALLEGATION ARISING FROM YOUR USE, REPUBLICATION OR OTHER EXPLOITATION OF THE SITE OR SERVICES. YOU USE THE SITE AT YOUR OWN RISK AND NEITHER COMPANY NOR THE PARTIES WHO PROVIDE INFORMATION AND MATERIALS FOR PUBLICATION WITHIN THE SITE WILL BE LIABLE FOR ANY DAMAGES ARISING FROM YOUR USE OF THIS SITE. YOU UNDERSTAND AND AGREE THAT ANY MATERIAL OR DATA DOWNLOADED OR OTHERWISE OBTAINED THROUGH THE USE OF THE SITE OR THE SERVICES IS DONE AT YOUR OWN DISCRETION AND RISK AND THAT USER WILL BE SOLELY RESPONSIBLE FOR ANY DAMAGE TO ITS COMPUTER SYSTEM, LOSS OF SERVICE OR LOSS OF DATA THAT RESULTS FROM THE DOWNLOAD OR USE OF SUCH MATERIAL OR DATA.

  1. DISCLAIMER

    EXCEPT AS EXPRESSLY SET FORTH IN THIS SECTION 8, COMPANY SPECIFICALLY DISCLAIMS ALL REPRESENTATIONS, WARRANTIES, AND CONDITIONS WHETHER EXPRESS OR IMPLIED, ARISING BY STATUTE, OPERATION OF LAW, USAGE OF TRADE, COURSE OF DEALING, OR OTHERWISE, INCLUDING BUT NOT LIMITED TO, WARRANTIES OR CONDITIONS OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, NON-INFRINGEMENT, OR TITLE WITH RESPECT TO THE SITE OR SERVICES, OR OTHER SERVICES OR GOODS PROVIDED THROUGH THIS SITE.

  1. LIMITATION OF LIABILITY

    BP EXPRESSLY DISCLAIMS ANY LIABILITY OR LOSS ARISING FROM OR RELATED TO THE SITE OR THE SERVICES (HOWEVER ARISING, INCLUDING NEGLIGENCE), INCLUDING WITHOUT LIMITATION, LIABILITY OR LOSS ASSOCIATED WITH UNAUTHORIZED ACCESS TO ANY SERVER, MERCHANT INTERFACES, WEBSITES, FACILITIES, OR YOUR DATA OR YOUR CUSTOMER DATA (INCLUDING CREDIT CARD NUMBERS AND OTHER PERSONALLY IDENTIFIABLE INFORMATION) DUE TO ACCIDENT, ILLEGAL OR FRAUDULENT MEANS, INCLUDING HACKING, OR DEVICES USED BY ANY THIRD PARTY, OR OTHER CAUSES BEYOND BP’S REASONABLE CONTROL.YOU EXPRESSLY AGREE THAT BP SHALL NOT BE LIABLE FOR ANY LOSS ARISING FROM INFILTRATION OF THE SERVICES, THE BP SYSTEM OR WEBSITE BY MEANS OF SOFTWARE VIRUSES, TROJAN HORSES, WORMS, TIME BOMBS, OR ANY OTHER SOFTWARE PROGRAMS, OR TECHNOLOGY DESIGNED OR INTENDED TO DISRUPT, DAMAGE, INTERCEPT OR EXPROPRIATE THE BP SERVICES OR ANY SYSTEM, PROGRAM, DATA OR PERSONAL INFORMATION OR LIMIT THE FUNCTIONING OF THE SITE, SERVICES OR ANY SOFTWARE, HARDWARE, OR EQUIPMENT OR TO DAMAGE OR OBTAIN UNAUTHORIZED ACCESS TO ANY DATA OR ANY INFORMATION OF ANY THIRD PARTY.

    EXCEPT AS OTHERWISE LIMITED, OUR LIABILITY AND THE LIABILITY OF BP’S PARENT, OFFICERS, DIRECTORS, EMPLOYEES AND AGENTS TO YOU OR ANY THIRD PARTIES IN ANY CIRCUMSTANCES SHALL BE LIMITED TO THE LESSER OF (A) THE AMOUNT PAID FOR THE SERVICE OR (B) $100.

  1. INDEMNIFICATION

    You agree to indemnify, defend and hold harmless LBX, its parents, affiliates, directors, officers, shareholders, agents, contractors and employees, from any claim or demand, including reasonable attorneys' fees and court costs, made by any third party due to, arising from or out of: (a) your use of the Site and/or Services; (b) your breach or alleged breach of any representation, warranty or other obligation; (c) your violation or alleged violation of any federal, state, international or local law and any and all regulations, rules or ordinances; (d) the negligence or willful misconduct by you or your employees or agents; (e) any violation of the Terms or Privacy Policy; (f) your infringement of any intellectual property or other legal right of any person or entity; or (g) your advertising, marketing, promotion, sale, or distribution of any products or services. In the event you cause fines and/or penalties to be charged to Company by the Credit Card Associations or any other entity, you agree to reimburse Company immediately for said fines and/or penalties.

  1. ACCESS TO PASSWORD PROTECTED/SECURE AREAS

    Access to and use of password protected and/or secure areas of the Site is restricted to authorized users only. Unauthorized individuals attempting to access these areas of the Site may be subject to prosecution.

  1. TERMINATION

    You may terminate your membership with BP at any time following the first month of service by sending at email to info@bluepearlcommunity.com. BP may terminate access to the Site and the Services, with or without cause, at any time, and effective immediately. Termination shall be accompanied by a written or electronic notice to you. Company shall not be liable to you or any third party for termination. Should you object to any provision of the Terms or any subsequent modifications thereto, your only recourse is immediately to: (a) terminate use of the Site and/or Services; and (b) notify Company of termination. Upon termination of access to the Site and/or Services, your right to use the Site and/or Services shall immediately cease.

  1. PRIVACY POLICY

    Information collected by the Site will be treated in accordance with BP’S Privacy Policy located at www.bluepearlcommunity.com which is incorporated herein by reference.

  1. SEVERABILITY

    If any provision of these Terms shall be held invalid or unenforceable, such provision shall be deemed deleted from these Terms and replaced by a valid and enforceable provision. The remaining provisions of these Terms shall continue in full force and effect.

  1. GOVERNING LAW

    The Site is accessible in all fifty states and other countries, and each of these places has laws that may differ from those of Colorado and from each other. By accessing, and/or using this Site, you and BP agree that all matters arising from or relating to the use and operation of this Site will be governed by the laws of the State of Colorado, without regard to its conflicts of laws principles.

May 21, 2010