Last updated: April 2, 2025

Welcome to the movement that is the American Yoga Council (“AYC”)! We want you to know and understand your rights and our rights relating to the provision of the Services (as defined below). Please review them carefully.

Here’s a summary of some key terms, and the full policy is set forth below:

We respect your privacy. See how we collect, use, share, and protect your personal information in our Privacy Policy.
You must be at least 18 years old or meet the minimum age requirement in your country to create an account.
Membership dues are paid yearly in advance. You can choose not to renew your membership.
You own your Content (as defined below) but give us a right to use it.
You must comply with our terms on Acceptable Use, and we can disable access to your account if you act in violation of this policy.
AYC is not liable for your activities and makes no warranties to you about the Services.
We can suspend or terminate your account if you violate these Terms.
You agree to arbitrate if there is a dispute between us (unless you reside in the European Union).

The AYC website at https://app.americanyogacouncil.com and https://americanyogacouncil.com, related mobile applications, and services offered therein (collectively, the “Services”) are made available to you subject to these Terms of Service (the “Terms”), which includes the Privacy Policy. Throughout these Terms “American Yoga Council” or “AYC” or “we” refers to American Yoga Council and “you” or “Member” refers to you. You agree to comply with these Terms and any supplemental terms which AYC makes available to you on the Services, which shall form part of the Terms. In that case, those supplemental terms will be clearly marked as such. ACY reserves the right to review accounts and Member actions on the Services to ensure compliance with our Terms. BY ACCESSING, USING OR UPLOADING OR DOWNLOADING ANY CONTENT TO OR FROM THE SERVICES, OR BY INDICATING YOUR ASSENT TO THESE TERMS BY CREATING AN ACCOUNT, CLICKING “SIGN UP” OR ANY SIMILAR MECHANISM, YOU ARE AGREEING TO THESE TERMS. IF YOU DO NOT AGREE TO THESE TERMS, DO NOT ACCESS OR USE THE SERVICES. This agreement was written in English. To the extent a translated version of the Terms conflict with the English version, the English version controls.

Definitions

Here are some basic terms used throughout the AYC ecosystem:

Accreditation means a process by which AYC reviews the content, policies, staff, and structure of a School’s Program in order to allow said School to offer AYC Verification to their graduates and to publicly display AYC badges on their Profiles.

Certification is a designation (i) assigned to a Program aligned with the levels listed below in Section titled “AYC Credentials” that meet the core competencies established by AYC for such Program or (ii) assigned by AYC to Members for meeting certain AYC standards for practitioner training, master yoga teacher, or gold level yoga teacher.

Content means personal and professional information shared by Members on the Site—including text, images, multimedia, and external links—that collectively represent their identity, experiences, and connections within the AYC community including School Credentials, Mentors and Influences.

Directory means the searchable public registry of Members.

Feature means the specific functionality available to Members as described on the Site and in the Services (including but limited to these examples) that allows them to share information about themselves, share photos and files, link to personal social mediate profiles, promote yoga events, issue or request Verification of Certification, be listed as a Mentor and/or Mentee, attend online webinars, and earn revenue.

Influences means a word or phrase chosen by a Member to signify a philosophy, experience, or teaching that shapes such Member’s understanding, approach, or style of yoga—such as a spiritual text, cultural tradition, life event or something so cool we can’t even imagine it here.

Member means a person who is at least 18 years old who registers with AYC to participate in the Services.

Mentor means a person who is a trusted yoga teacher to a Member, who has accepted a request to be listed as a Mentor of said Member.

Posthumous Mentor means a Mentor who has died but during their life was a Mentor to a Member.

Profile means each Member’s landing page on the Site that is completed by a Member to show their personal biography and additional information based upon their Membership Level.

Program means a yoga teacher training or continuing education course which has been accredited by AYC and offers some form of certification.

School means a place where yoga is taught, whether at a fixed location or remotely; a school also may be a methodology tied to a person or entity.

Legacy School means a School that is no longer in existence or where its ownership cannot be confirmed by AYC.

Site means the website at https://americanyogacouncil.com and https://app.americanyogacouncil.com.

Teacher means a Member who has received an AYC Level 1, 2, 3, or 4 Yoga Teacher Credential as having completed a School’s Program. Teachers may have additional Continuing Education Credentials but such CE Credentials are not sufficient to grant a designation of Teacher.

Verification means a process whereby AYC confirms that a Teacher has successfully completed a Program or course of study at an appropriate level and publicly displays the appropriate AYC badge on the AYC website.

Workshop/Event means a public event that Premium or Professional Members can list on their Profile.

Registration and Member Accounts

The Services are intended solely for persons who are at least 18 years old or such higher age as required in your country to use the Services. If you are under the legal age to form a legally binding contract in your jurisdiction, you represent that your parent or legal guardian has reviewed and agreed to these Terms on your behalf.

If you are a parent or legal guardian of an AYC Member under the legal age to form a binding contract in your jurisdiction, you agree to be fully responsible for the acts or omissions of such Member, including any breach of these Terms. Notwithstanding, AYC reserves the right to refuse access to the Services by Members under certain ages under the legal age, in our sole discretion.

To use the Services, you must register on the Site. In doing so, you agree to: (a) provide true, accurate, current and complete information about yourself (“Member Data”) and (b) maintain and promptly update the Member Data. You agree that AYC may use your Member Data to provide Services that you access or use and as otherwise set forth in these Terms and our Privacy Policy. You also agree to create only one Member account for your own personal use and not share your account or AYC subscription with others. You agree that all activities associated with your Member account on the Services reflect authentic activities undertaken by you. If you provide any Member Data that is inaccurate or not current, you have created multiple accounts, or AYC has reasonable grounds to suspect that such Member Data is inaccurate or not current, AYC has the right to suspend or terminate your account and refuse current or future use of the Services. In consideration of your use of the Services, you represent that you are not a person barred from receiving services under the laws of any applicable jurisdiction.

You are solely responsible for maintaining the confidentiality of the password associated with your Member account and for restricting access to your password, your computer and mobile device while logged into the Services. You accept responsibility for all activities that occur under your Member account or from your computer and mobile devices. You agree to immediately notify AYC of any unauthorized use of your account or password, or any other breach of security, and confirm that you understand all risks of unauthorized access to Member Data and any other information or content you provide to AYC. The use of unique and complex passwords is highly recommended for security reasons.

By virtue of certain Services connecting to third-party APIs, you hereby agree to be bound by those providers’ terms of service and privacy policies in connection with your use of such Services.

Membership Levels

Membership Levels are described in detail on https://www.americanyogacouncil.com/membership. You understand that access to certain Features of the Services will require payment of applicable fees. Your Membership Level will be designated in the “Account Details” section of the Site as Free, Premium or Professional based upon your Membership Level after payment of applicable dues or fees.

AYC Schools

Professional Members can establish a School on the Site. AYC will conduct due diligence to verify legal ownership of a School before approving its designation as a School and ability to accredit Programs. A School can only be created by a Member or Members who own at least 50.1% or more of the business. All revenue that accrues to a School pursuant to our Revenue Sharing Policy described below will be disbursed to a single bank account for that business which will be managed by the Professional Member who registers the School.

If a Teacher asks for Verification of a Credential from a School that is not yet registered on AYC, then AYC will attempt to notify such School and inquire about its interest in joining AYC. Once a School is registered on AYC, it will be eligible for participation in any revenue that has accrued under applicable Revenue Sharing Policy in the 30 days prior to such registration. Registration of a School begins on the date that legal ownership of the School is verified.

With regard to Legacy Schools, unless a verifiable owner of a Legacy School applies to AYC with proof of such ownership, there will be no revenue sharing with such School.

In the case that a School never registers with AYC, Members may apply for Verification directly by AYC.

AYC Mentors

Any Member can choose to request recognition of up to five (5) Mentors. Mentor designation is a Feature on all Membership Levels. Mentors will be notified of requests to be designated as a Member’s Mentor and must approve such requests prior to being designated as a Member’s Mentor. If a Mentor is a Premium or Professional Member, and has linked a bank account, then they will be eligible to participate in the Revenue Sharing Policy described below.

Members can choose to request the designation of a Posthumous Mentor. AYC reserves the right to approve or deny such requests and will use reasonable efforts to ascertain whether the Posthumous Mentor had a verifiable connection to such Member. Posthumous Mentors, through their heirs or assigns, are not eligible for participation in the Revenue Sharing Policy.

AYC Credentials

Subject to the payment of applicable fees and in AYC’s sole discretion, AYC may grant a School the ability to offer the following Credentials for Programs registered after May 1, 2025 (“New Credentials”). Once a Program’s Credentials are accredited by AYC, Teachers may apply to have their Credentials Verified.

Program Credentials: each Credential level (AYC-P, AYC-L1, AYC-L2, AYC-L3, AYC-L4 and AYC-CE) has core competencies set by AYC that are described https://americanyogacouncil.com/our-standards. After review by AYC to confirm that the Program meets AYC core competencies for the applicable level, Schools will be authorized by AYC to issue certain Credentials through the Site.

Master Yoga Teacher (AYC-M): a Master Yoga Teacher Credential that can either be issued by (i) a School as a Program Credential or (ii) AYC after reviewing a Member’s application for such Credential. Requirements for AYC Master Credentials are described https://americanyogacouncil.com/our-standards.

AYC-Gold: This is a Credential that will be developed by AYC in conjunction with Member feedback and issued by AYC directly to a Teacher who meets the requirements.

Prior Credentials Policy

Schools that have Programs that were created prior to May 1, 2025 may request to have such Programs issue Legacy Credentials. Teachers may request Verification of either New or Legacy Credentials, although different fees and revenue sharing terms may apply.

Teachers may request that a Credential be noted on their Profile for a Legacy School. AYC will use reasonable efforts to determine whether such Program existed, its appropriate level and whether the Teacher attended such Program. Unless a verifiable owner of a Legacy School applies to AYC with proof of such ownership during the applicable time described in the Revenue Sharing Policy below, there will be no revenue sharing with such School.

Fees

In order to access certain functionality of the Services, you may be required to pay a Membership Fee, School Program Accreditation Fee, or Teacher Program Verification Fee as set forth at https://americanyogacouncil.com/membership.

Membership Dues

Membership dues, along with any required taxes, are payable in advance of the Membership Term. Changes in membership dues will take effect at the beginning of the next billing date. You agree to pay the dues, and other charges you incur in connection with your AYC account, whether on a one-time or subscription basis. AYC reserves the right to increase membership dues, any associated taxes, or to institute new dues or fees at any time upon reasonable advance notice.

Premium and Professional Membership dues may include a set number of Credential Verifications at no additional cost.

Professional Member dues may include the ability to register a School and a set number of Credential Certifications at no additional cost.

Program Accreditation Fees

Schools pay a one-time accreditation fee (“Program Accreditation Fee”) to AYC for each New Credential or Legacy Credential for a Program. The rate for such Accreditation Fees are set forth on the Site at https://americanyogacouncil.com/membership.

Verification Fees for New Credentials are determined by each School when they register a Program for certification of a New Credential. Such fee must be in excess of AYC’s then-current minimum Verification Fee and will be published at https://americanyogacouncil.com/membership. Schools can change such Verification Fee by editing their Program page on the Site.

Teacher Credential Verification Fees

Teachers pay a one-time verification fee (“Verification Fee”) to AYC for each New Credential or Legacy Credential. Verification Fees for New Credentials are determined by each School.

If a Teacher applies for Verification from a School that has not yet accredited that Program, the Teacher will pay AYC’s then-current minimum Verification Fee. If the School receives an AYC Credential for that Program within 30 days of the Teacher request for Verification, the School will be eligible to participate in the Verification Fee Revenue Sharing Policy.

Verification Fees for Legacy Credentials are determined by AYC and will be published at https://americanyogacouncil.com/membership. Schools are not eligible to share in revenue from Verification of Legacy Credentials.

Revenue Sharing Policy

Revenue sharing payments will be disbursed in accordance with the Revenue Sharing Policy displayed on the Site.

Verification Fee Revenue Sharing

Forty percent (40%) of the Verification Fees paid by Teachers for New Credentials will be shared with the School issuing the Credential. They will be paid to the account set up by the owner of the School with our designated payment processing provider (“Payment Processing Vendor”).

Verification Fees for Teachers for Legacy Credentials are not shared with Schools. However, the Schools will participate in the Member Revenue Sharing Policy for both New Credentials and Legacy Credentials.

Membership Dues Revenue Sharing

40% of Premium or Professional Membership Dues are shared equally between Schools that have issued an AYC verified New or Legacy Credential (excluding CE) and up to 5 Mentors selected by the Member.

Auto-Renewal

Membership dues will be billed automatically at the start of the monthly or annual period, as applicable. These dues will auto-renew until your membership is downgraded or terminated. Your membership dues will be the same as your initial charges unless you are otherwise notified in advance. You may cancel your membership at any time, as described below.

Cooling Off

If you reside outside the United States, you may be entitled to change your mind and receive a full refund within fourteen (14) days (the “Cooling-off Period”), provided that you have not logged in or otherwise redeemed or started to use the Services as a subscriber during the Cooling-off Period.

Payments to AYC

To pay any fee, you must designate and provide information about your preferred payment method to our designated payment processing provider (“Payment Processing Vendor”). If you provide your payment information, you authorize us and certain third-party service providers, payment card networks and payment processors to receive, store, and encrypt your payment information.

Payments to You

Payments for revenue shares are made quarterly to the bank account designated with our Payment Processing Vendor associated with your Membership Account and or your School. You may view your expected revenue share dividends through your profile.

Cancellation of Membership

Any cancellation of your membership will go into effect at the end of its current billing cycle. When your membership ends, your account will remain and features will be downgraded to those of a free member. You can renew your membership at any time without opening a new account, although the membership dues may have increased.

Auto-Renewal

Membership dues will be billed automatically at the start of the monthly or annual period, as applicable. These fees will auto-renew until your membership is downgraded or terminated. Your membership dues will be the same as your initial charges unless you are otherwise notified in advance. You may cancel the auto-renewal of your membership at any time.

Cooling Off

Beta Features

AYC may make certain features available to you as part of a beta release, early access program, or similar opportunity to test or use product functionality ("Beta features"). Beta features may not be supported and may require you to update your version of the Services. Use of Beta features is at your own risk and you understand that they may contain errors, design flaws or other problems. The Your Feedback section of this policy applies to any feedback you provide related to Beta features. Beta features may be changed or deprecated, and we may remove access at any time without notice.

Ownership of and Use of Content

You own, or otherwise have the right to grant the rights and licenses set forth in these Terms, the information, data, text, software, sound, photographs, graphics, video, messages, posts, tags, or other materials you make available in connection with the Services (“Content”), whether publicly posted, privately transmitted, or submitted through a third-party API. You grant us a non-exclusive, transferable, sub-licensable, royalty-free, worldwide license to use, reproduce, modify, adapt, publish, translate, create derivative works from, distribute, publicly perform and display any Content and any name, username or likeness that you post on or in connection with the Services in all media formats and channels now known or later developed without compensation to you. This license ends when you delete your Content or your account.

You agree that AYC is not responsible for, and does not endorse, Content posted on the Services. If your Content violates these Terms or is otherwise illegal or contrary to applicable law, you may bear legal responsibility for that Content. As between you and AYC, any Content will be non-confidential and non-proprietary and we will not be liable for any use or disclosure of Content. You acknowledge and agree that your relationship with AYC is not a confidential, fiduciary, or other type of special relationship, and that your decision to submit any Content does not place AYC in a position that is any different from the position held by members of the general public, including with regard to your Content. Your Content will not be subject to any obligation of confidence on the part of AYC other than as set forth in our Privacy Policy, and AYC will not be liable for any use or disclosure of any Content you provide.

You give us permission to use your profile name, profile photo, and information about your activities and actions you have taken, including your use of third-party products, services, or devices, in ads, offers and other commercial contexts on the Services without compensation to you.

As noted in our Privacy Policy, we may suggest items on AYC that may interest you, Members that you may want to follow, or new features that you may want to try. We also use algorithmic ranking to determine what type of content (such as activity, post, route recommendation) to show in your feed.

The Services are for your personal and noncommercial use. You may not modify, copy, distribute, transmit, display, perform, reproduce, publish, license, create derivative works from, transfer or sell for any commercial purposes any portion of the Services, use of the Services or access to Content.

You are granted a limited, non-exclusive right to create a text hyperlink to the Services for non-commercial use only, provided such link does not portray AYC or any of its products or services in a false, misleading, derogatory or otherwise defamatory manner, and provided further that the linking site does not contain any pornographic, illegal, offensive, harassing or otherwise objectionable material. You are further granted a right to implement any RSS feeds located on the Services for your personal, non-commercial use, solely as described on the Services. We reserve the right to revoke these licenses generally, or your right to use specific links or RSS feeds, at any time, with or without cause.

You understand that you are responsible for any charges associated with sending communications via your device. You hereby acknowledge that you have the right to communicate with your contacts via the Services.

You represent and warrant that: (i) you are authorized to create your account, whether individually or on behalf of an organization; (ii) you own the Content posted by you on or through the Services or otherwise have the right to grant the rights and licenses set forth in these Terms; (iii) the posting and use of your Content on or through the Services does not and will not violate, misappropriate or infringe on the rights of any third party, including, without limitation, privacy and data protection rights, publicity rights, copyrights, trademark and/or other intellectual property rights; and (iv) you agree to pay for all royalties, fees, and any other monies owed by reason of Content you post on or through the Services.

Acceptable Use

The Site is intended to support the yoga community by sharing accurate, respectful, and relevant information. You may use the Site to:

Create a profile that accurately represents your yoga practice, training, and affiliations.
Share information and resources that are helpful, honest, and relevant to the community.
Connect with other practitioners and mentors in a respectful and professional manner.

You may not use the Site to:

Post false, misleading, or deceptive information.
Infringe upon the intellectual property rights of others.
Harass, abuse, or harm other users.
Upload or share malicious content, including viruses or malware.
Use automated tools (such as bots or scrapers) without prior written consent.
Promote illegal activities or content.

All Content you share must be appropriate for a professional yoga community. Do not post content that:

Contains hate speech, discrimination, or threats of violence.
Includes sexually explicit or pornographic material.
Invades the privacy or rights of others.

We reserve the right to monitor, remove, or modify content at our discretion to ensure compliance with this Policy. Violation of this Policy may result in suspension or termination of your access to the Site.

Content and Conduct Restrictions

You understand that you, and not AYC, are entirely responsible for all Content that you upload, post, email, transmit or otherwise make available via the Services. AYC may, in accordance with applicable law, screen, monitor, hide, restrict, refuse or remove any Content that violates the Terms or is otherwise objectionable. Please note, this does not guarantee the accuracy, integrity or quality of such Content.

You understand that by using the Services, you may be exposed to Content that is offensive, indecent, objectionable or illegal. You agree to bear all risks associated with the use of any Content available in connection with the Services, including any reliance on the accuracy, completeness, or usefulness of such Content.

If you believe Content posted to the Services violates our standards or these Terms, please report it to us via email legal@americanyogacouncil.com.

Interactions with AYC Users

AYC serves as a venue to connect Members in a virtual information place. As a neutral facilitator, AYC is not directly involved in the actual interactions between users using the Services. As a result, AYC has no control over the truth, accuracy, quality, legality, or safety of postings made by users using the Services. AYC shall have no responsibility to confirm the identity of users. AYC shall also have no responsibility to confirm or verify the qualifications, background, or abilities of users using the Services. You shall at all time exercise common sense and good judgment when dealing with any Member using the Services.

AYC may use the contact information you provide to send emails or text messages. You represent that you are authorized to provide any third party contact information that you provide to AYC, that you are authorized to use such information to contact (including for AYC to contact on your behalf) the third party and that AYC may process such information pursuant to the Privacy Policy.

Third Parties

Third party products and services made available on the Services are made and offered directly by the applicable third party. When you pursue or purchase any such product or service, you acknowledge that you are contracting directly with such third party and not with AYC. Your interaction with, or participation in promotions of, third parties found on or through the Services, including payment and delivery of goods or services, and any other terms, are solely between you and such third party. You are not obligated to use or transact business with any third party that appears on the Services. YOU AGREE THAT AYC SHALL NOT BE LIABLE FOR ANY LOSS OR DAMAGES OF ANY KIND INCURRED BY YOU AS THE RESULT OF ANY OF YOUR DEALINGS WITH THIRD-PARTY SERVICE PROVIDERS OR ADVERTISERS AVAILABLE THROUGH THE SERVICES.

AYC or third parties may provide links to other internet sites or resources through the Services. AYC does not endorse and is not responsible or liable for any content, information, advertising, products or other materials on or available from such sites or resources. You acknowledge and agree that AYC is not responsible for the availability of such external sites or resources.

Electronic Communications

The Services may provide you with the ability to send or post messages or send communications to third party service providers, advertisers, your personal contacts, other users and/or AYC. You agree to use communication methods available on the Services only to send communications and materials related to the subject matter for which AYC provided the communication method, and you further agree that all such communications by you shall be deemed your Content and shall be subject to and governed by the Terms and applicable law (including laws regulating direct marketing communications with which you will need to comply with, as applicable). By using communications methods available on the Services, you agree that (a) depending on your account settings and method of communication, communications methods used by you may constitute public, and not private, means of communication between you and the other party or parties, (b) communications sent to or received from third party service providers, advertisers or other third parties are not endorsed, sponsored or approved by AYC (unless expressly stated otherwise by AYC) and (c) AYC may pre-review, post-review, screen, archive, or otherwise monitor communications in accordance with and to the extent permitted by law. You agree that all notices, disclosures and other communications that we provide to you electronically shall satisfy any legal requirement that such communications be in writing.

Proprietary Rights

You acknowledge and agree that the Services, any necessary software used in connection with the Services (if any), any aggregated data based on Content on the Services, and any Content available or made available on the Services contain proprietary and confidential information that is protected by applicable intellectual property and other laws. Except as expressly permitted by applicable law or authorized by AYC or applicable third party service providers or advertisers, you agree not to modify, rent, lease, loan, sell, distribute or create derivative works based on the Services, the software or Content available on the Services (other than Content that you may submit), in whole or in part.

AYC grants you a limited, personal, revocable, non-transferable, non-sublicensable and non-exclusive right and license to access and use the Services; provided that you do not (and do not allow any third party to) copy, modify, create a derivative work from, reverse engineer, reverse assemble or otherwise attempt to discover any source code, sell, assign, sublicense, grant a security interest in or otherwise transfer any right in the Services, except where permitted by law. You agree not to access the Services by any means other than through the interfaces that are provided by AYC.

The term AYC, the AYC logo, the look and feel of the Services, and all other AYC logos and product and service names are the exclusive trademarks of, and are owned by, AYC, Inc., and you may not use or display such trademarks in any manner without AYC’s prior written permission. Any third-party trademarks, service marks, product names, AYC names, or logos displayed on the Services are the property of their respective owners. Reference to any products, services, processes or other information by name, trademark, manufacturer, supplier or otherwise does not constitute or imply endorsement, sponsorship, or recommendation by AYC.

AYC reserves all rights not expressly granted hereunder.

Claims of Infringement

The Digital Millennium Copyright Act (“DMCA”) provides recourse for copyright owners who believe that material appearing on the internet infringes their rights under U.S. copyright law. AYC also reviews claims of trademark infringement. If you believe in good faith that materials hosted by AYC infringe your copyright or trademark rights, you (or your agent) may send us a notice requesting that the material be removed, or access to it blocked. The notice must include the following information: (a) a physical or electronic signature of a person authorized to act on behalf of the owner of an exclusive right that is allegedly infringed; (b) identification of the copyrighted work or trademark claimed to have been infringed (or, if multiple copyrighted works or trademarks located on the Services are covered by a single notification, a representative list of such works); (c) identification of the material that is claimed to be infringing or the subject of infringing activity, and information reasonably sufficient to allow AYC to locate the material on the Services; (d) the name, address, telephone number, and e-mail address (if available) of the complaining party; (e) 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 or trademark owner, its agent, or the law; and (f) 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. Please be advised that AYC will not respond to complaints that do not meet these requirements. We may share your information with third parties when we forward DMCA compliant notifications, which will be forwarded as submitted to us without any deletions. If AYC determines that the materials alleged to infringe your copyright or trademark rights do not require removal, AYC will remove those materials only pursuant to a court order declaring the content or use of the materials unlawful.

If you believe in good faith that a notice of copyright infringement has been wrongly filed against you, the DMCA permits you to send us a counter-notice. Counter-notices must include the following information: (a) your name, address, and telephone number; (b) the source of the content that was removed; (c) a statement under penalty of perjury that you have a good-faith belief that the content was removed in error; (d) a statement that you consent to the jurisdiction of Federal District Court for the judicial district in which your address is located; or, if your address is outside of the United States, for any judicial district in which AYC may be found, and that you will accept service of process from the person who provided the original complaint; and (e) a physical or electronic signature (for example, typing your full name).

Notices and counter-notices with respect to the Services must meet the then-current statutory requirements imposed by the DMCA (see https://copyright.gov/title17/92appb.html) and should be sent to the agent identified below. We suggest that you consult your legal advisor before filing a notice or counter-notice. Also, be aware that there may be penalties for false claims under the DMCA.

Agent to Receive Notices of Claimed Infringement:

American Yoga Council Copyright Agent

106 Wendell Avenue, Suite 2C

Pittsfield MA, 01201

legal@americanyogacouncil.com

Your Feedback

You may have the ability to provide comments, feedback, suggestions, ideas, original or creative materials, and other communications regarding the Services and the information and services we make available through the Services (collectively, “Feedback”). If you provide Feedback, you hereby grant to AYC a worldwide, non-exclusive, transferable, assignable, sub-licensable, perpetual, irrevocable, royalty-free license to copy, distribute, create derivative works of, publicly display and perform and otherwise exploit such Feedback and to use, make, have made, sell, offer for sale, import and export products and services based on such Feedback. For this reason, do not send AYC any Feedback that you do not wish to license to us as set forth above.

Disclaimer of Warranties and Liability

THE INFORMATION, SOFTWARE, PRODUCTS, SERVICES AND CONTENT AVAILABLE THROUGH THE SERVICES ARE PROVIDED TO YOU “AS IS” AND WITHOUT WARRANTY. AYC AND ITS SUBSIDIARIES, AFFILIATES, OFFICERS, EMPLOYEES, AGENTS, PARTNERS AND LICENSORS HEREBY DISCLAIM ALL WARRANTIES WITH REGARD TO SUCH INFORMATION, SOFTWARE, PRODUCTS, SERVICES AND CONTENT, INCLUDING, WITHOUT LIMITATION, ALL IMPLIED WARRANTIES AND CONDITIONS OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE AND NONINFRINGEMENT. AYC AND ITS SUBSIDIARIES, AFFILIATES, OFFICERS, EMPLOYEES, AGENTS, PARTNERS AND LICENSORS MAKE NO WARRANTY THAT: (a) THE SERVICE WILL MEET YOUR REQUIREMENTS; (b) YOUR CONTENT WILL BE AVAILABLE OR THE SERVICE WILL BE UNINTERRUPTED, TIMELY, SECURE OR ERROR-FREE; (c) THE RESULTS THAT MAY BE OBTAINED FROM THE USE OF THE SERVICE WILL BE ACCURATE OR RELIABLE; (d) THE QUALITY OF ANY PRODUCTS, SERVICES, INFORMATION OR OTHER MATERIAL PURCHASED OR OBTAINED BY YOU THROUGH THE SERVICE WILL MEET YOUR EXPECTATIONS; AND (e) ANY ERRORS IN THE SERVICES WILL BE CORRECTED.

YOU EXPRESSLY AGREE THAT AYC IS NOT PROVIDING MEDICAL ADVICE VIA THE SERVICES. THE CONTENT PROVIDED THROUGH THE SERVICES, INCLUDING ALL TEXT, PHOTOGRAPHS, IMAGES, ILLUSTRATIONS, GRAPHICS, AUDIO, VIDEO AND AUDIO-VIDEO CLIPS, AND OTHER MATERIALS, WHETHER PROVIDED BY US OR BY OTHER ACCOUNT HOLDERS OR THIRD PARTIES IS NOT INTENDED TO BE AND SHOULD NOT BE USED IN PLACE OF (a) THE ADVICE OF YOUR PHYSICIAN OR OTHER MEDICAL PROFESSIONALS, (b) A VISIT, CALL OR CONSULTATION WITH YOUR PHYSICIAN OR OTHER MEDICAL PROFESSIONALS, OR (c) INFORMATION CONTAINED ON OR IN ANY PRODUCT PACKAGING OR LABEL. SHOULD YOU HAVE ANY HEALTH RELATED QUESTIONS, PLEASE CALL OR SEE YOUR PHYSICIAN OR OTHER HEALTHCARE PROVIDER PROMPTLY. SHOULD YOU HAVE AN EMERGENCY, CALL YOUR PHYSICIAN, OR 911 IF YOU ARE IN THE US OR CANADA, IMMEDIATELY. YOU SHOULD NEVER DISREGARD MEDICAL ADVICE OR DELAY IN SEEKING MEDICAL ADVICE BECAUSE OF ANY CONTENT PRESENTED ON THE SERVICES, AND YOU SHOULD NOT USE THE SERVICES OR ANY CONTENT ON THE SERVICES FOR DIAGNOSING OR TREATING A HEALTH PROBLEM. THE TRANSMISSION AND RECEIPT OF OUR CONTENT, IN WHOLE OR IN PART, OR COMMUNICATION VIA THE INTERNET, E-MAIL OR OTHER MEANS DOES NOT CONSTITUTE OR CREATE A DOCTOR-PATIENT, THERAPIST-PATIENT OR OTHER HEALTHCARE PROFESSIONAL RELATIONSHIP BETWEEN YOU AND AYC.

YOU EXPRESSLY AGREE THAT YOUR YOGA ACTIVITIES CARRY CERTAIN INHERENT AND SIGNIFICANT RISKS OF PROPERTY DAMAGE, BODILY INJURY OR DEATH AND THAT YOU VOLUNTARILY ASSUME ALL KNOWN AND UNKNOWN RISKS ASSOCIATED WITH THESE ACTIVITIES EVEN IF CAUSED IN WHOLE OR PART BY THE ACTION, INACTION OR NEGLIGENCE OF AYC OR BY THE ACTION, INACTION OR NEGLIGENCE OF OTHERS.

YOU EXPRESSLY AGREE THAT AYC DOES NOT ASSUME RESPONSIBILITY FOR THE INSPECTION, SUPERVISION, PREPARATION, OR CONDUCT OF ANY RACE, CONTEST, CHALLENGE, OR GROUP ACTIVITY THAT UTILIZES THE SERVICES, INCLUDING ANY THAT ARE ORGANIZED BY A CLUB ADMINISTRATOR.

YOU EXPRESSLY AGREE TO RELEASE AYC, ITS SUBSIDIARIES, AFFILIATES, OFFICERS, AGENTS, REPRESENTATIVES, EMPLOYEES, PARTNERS AND LICENSORS (THE “RELEASED PARTIES”) FROM ANY AND ALL LIABILITY IN CONNECTION WITH YOUR ATHLETIC ACTIVITIES AND/OR USE OF THE AYC WEBSITES, MOBILE APPLICATIONS, CONTENT, SERVICES OR PRODUCTS (INCLUDING, WITHOUT LIMITATION, ANY AYC TRAINING PLAN), AND PROMISE NOT TO SUE THE RELEASED PARTIES FOR ANY CLAIMS, ACTIONS, INJURIES, DAMAGES, OR LOSSES ASSOCIATED WITH SUCH USE. YOU ALSO AGREE THAT IN NO EVENT SHALL THE RELEASED PARTIES BE LIABLE TO YOU OR ANY THIRD PARTY FOR ANY DIRECT, INDIRECT, PUNITIVE, INCIDENTAL, SPECIAL OR CONSEQUENTIAL DAMAGES ARISING OUT OF OR IN ANY WAY CONNECTED WITH (a) YOUR USE OR MISUSE OF THE SERVICES, (b) YOUR USE OR MISUSE OF EQUIPMENT OR PROGRAMS CREATED OR LICENSED BY AYC (INCLUDING, WITHOUT LIMITATION, ANY AYC TRAINING PLAN) WHILE ENGAGED IN ATHLETIC ACTIVITIES, (c) YOUR DEALINGS WITH THIRD-PARTY SERVICE PROVIDERS OR ADVERTISERS AVAILABLE THROUGH THE SERVICES, (d) ANY DELAY OR INABILITY TO USE THE SERVICES EXPERIENCED BY YOU, OR (e) ANY INFORMATION, SOFTWARE, PRODUCTS, SERVICES OR CONTENT OBTAINED THROUGH THE SERVICES, WHETHER BASED ON CONTRACT, TORT, STRICT LIABILITY OR OTHERWISE, EVEN IF AYC HAS BEEN ADVISED OF THE POSSIBILITY OF DAMAGES.

BECAUSE SOME STATES/JURISDICTIONS DO NOT ALLOW SOME OR ALL OF THE EXCLUSIONS OR LIMITATIONS OF LIABILITY ABOVE, SUCH AS EXCLUSIONS FOR CONSEQUENTIAL OR INCIDENTAL DAMAGES, SOME OF THE ABOVE LIMITATIONS OR EXCLUSIONS MAY NOT APPLY TO YOU. IN ENTERING INTO THIS RELEASE WHICH IS NOT RELEVANT WHERE YOU LIVE IN THE EU/EEA, YOU ACKNOWLEDGE THAT YOU HAVE READ AND UNDERSTAND, AND HEREBY EXPRESSLY WAIVE THE BENEFITS OF, SECTION 1542 OF THE CIVIL CODE OF CALIFORNIA, (AND ANY SIMILAR LAW OF ANY STATE, COUNTRY OR TERRITORY), WHICH PROVIDES AS FOLLOWS: "A GENERAL RELEASE DOES NOT EXTEND TO CLAIMS WHICH THE CREDITOR DOES NOT KNOW OR SUSPECT TO EXIST IN HIS FAVOR AT THE TIME OF EXECUTING THE RELEASE, WHICH IF KNOWN BY HIM MUST HAVE MATERIALLY AFFECTED HIS SETTLEMENT WITH THE DEBTOR."

AYC DOES NOT ENDORSE YOUR CONTENT OR ANY OTHER ATHLETE’S CONTENT AND SPECIFICALLY DISCLAIMS ANY RESPONSIBILITY OR LIABILITY TO ANY PERSON OR ENTITY FOR ANY LOSS, DAMAGE (WHETHER ACTUAL, CONSEQUENTIAL, INDIRECT, PUNITIVE OR OTHERWISE), INJURY, CLAIM, LIABILITY OR OTHER CAUSE OF ANY KIND OR CHARACTER BASED UPON OR RESULTING FROM ANY CONTENT ON THE SERVICES.

THE AYC’S MAXIMUM AGGREGATE LIABILITY TO YOU PURSUANT TO THESE TERMS SHALL NOT EXCEED THE GREATER OF EITHER (a) FIFTY DOLLARS ($50) OR (b) THE AMOUNT OF FEES PAID BY YOU TO AYC IN THE 12-MONTHS PRIOR TO DATE THE CLAIM.

IF YOU ARE A CONSUMER RESIDING IN THE EUROPEAN UNION, YOU HAVE LEGAL REMEDIES IF WE CAUSE YOU LOSS BY OUR BREACH OR NON-PERFORMANCE OF OUR LEGAL OBLIGATIONS, OR BY OUR NEGLIGENCE, AND THESE TERMS DO NOT AFFECT THOSE STATUTORY REMEDIES.

Indemnity

You agree to indemnify and hold AYC and its subsidiaries, affiliates, directors, officers, agents, representatives, employees, partners and licensors harmless from any claim or demand, including reasonable attorneys’ fees, made by any third party due to or arising out of Content you submit, post, transmit or otherwise seek to make available through the Services, your use of the Services, your athletic activities which generate the Content you post or seek to post on the Services (including, but not limited to, athletic activities in connection with any contests, races, group rides, or other events which AYC sponsors, organizes, participates in, or whose Services are used in connection with), your connection to the Services, your violation of the Terms, your violation of any data protection or privacy laws, or your violation of any rights of another person or entity. Your rights with respect to AYC are not modified by the foregoing indemnification if the laws of your country of residence, applicable as a result of your use of our Services, do not permit it.

Notice for California Members

Under California Civil Code Section 1789.3, California users are entitled to the following specific consumer rights notice: If you have a complaint regarding the Services that you think we have not adequately resolve, the Complaint Assistance Unit of the Division of Consumer Services of the California Department of Consumer Affairs may be contacted in writing at 1625 N. Market Blvd., Suite N 112, Sacramento, California 95834, or by telephone at (800) 952-5210.

Dispute Resolution

The sections below concerning arbitration, class-action waiver, exception, third day right to opt out and time limitation of claims do not apply to users who live in the European Union.

Arbitration

The parties shall use their best efforts to settle any dispute, claim, question, or disagreement directly through good-faith negotiations, which shall be a precondition to either party initiating a lawsuit or arbitration. Except for disputes relating to the AYC’s intellectual property (such as trademarks, trade dress, domain names, trade secrets, copyrights, and patents) or if you opt out of this agreement to arbitrate, all claims arising out of or relating to this Agreement and your use of the Services shall be finally settled by binding arbitration administered by JAMS in accordance with its provisions and procedures for consumer-related disputes, excluding any rules or procedures governing or permitting class actions. The arbitrator, and not any court or agency, shall have exclusive authority to resolve all disputes arising out of or relating to this Agreement, including, but not limited to, any claim that all or any part of this Agreement is void or voidable. The arbitrator shall be empowered to grant whatever relief would be available in a court; provided, however, that the arbitrator will not have authority to award damages, remedies, or awards that conflict with this Agreement. The arbitrator’s award shall be binding on the parties and may be entered as a judgment in any court of competent jurisdiction. To the extent the filing fee for the arbitration exceeds the cost of filing a lawsuit, AYC will pay the additional cost. You and AYC hereby expressly waive trial by jury. You also agree not to participate in claims brought in a private attorney general or representative capacity, or consolidated claims involving another person’s account, if AYC is a party to the proceeding. This dispute resolution provision will be governed by the Federal Arbitration Act.

The parties understand that, absent this mandatory provision, they would have the right to sue in court and have a jury trial. They further understand that, in some instances, the costs of arbitration could exceed the costs of litigation and that the right to discovery may be more limited in arbitration than in court.

Class-Action Waiver

The parties further agree that any arbitration shall be conducted in their individual capacities only, and not as a class action or other representative action. If any court or arbitrator determines that the class-action waiver set forth in this section is void or unenforceable for any reason, or that an arbitration can proceed on a class basis, then the arbitration provision set forth above shall be deemed null and void in its entirety and the parties shall be deemed to have not agreed to arbitrate disputes.

Exception—Litigation of Small Claims Court Claims

Notwithstanding the parties’ decision to resolve all disputes through arbitration, either party may also seek relief in a small claims court for disputes or claims within the scope of that court’s jurisdiction.

Thirty-Day Right to Opt Out

You have the right to opt out and not be bound by the arbitration- and class-action-waiver provisions set forth in this section by sending written notice of your decision to opt out to the following address: American Yoga Council, Inc., 106 Wendell Avenue, Suite 2C, Pittsfield MA, 01201, Attn: Legal Department,. The notice must be sent within 30 days of registering to use the Services; otherwise, you shall be bound to arbitrate disputes in accordance with these Terms. If you opt out of these arbitration provisions, AYC also will not be bound by them. In addition, if you elect to opt out of these arbitration provisions, AYC may terminate your use of the Services.

Time Limitation on Claims

You agree that any claim you may have arising out of or related to your relationship with AYC and these Terms must be filed within one year after such claim arose; otherwise, your claim is permanently barred.

Choice of Law and Forum

Any action related to the Terms, Content, the Services, and your relationship with AYC shall be governed by, and construed and interpreted in accordance with, the laws of the State of Massachusetts without regard to its conflict of laws principles AND WILL SPECIFICALLY NOT BE GOVERNED BY THE UNITED NATIONS CONVENTIONS ON CONTRACTS FOR THE INTERNATIONAL SALE OF GOODS, IF OTHERWISE APPLICABLE. Subject to the Section entitled “Dispute Resolution”, the parties irrevocably consent to bring any action to enforce this Agreement in the federal or state courts embracing Pittsfield, Massachusetts and you consent to the exclusive jurisdiction of the federal or state courts embracing Pittsfield, Massachusetts.. If any party hereto brings any suit or action against another for relief, declaratory or otherwise, arising out of these Terms, the prevailing party will have and recover against the other party, in addition to all court costs and disbursements, such sum as the court may adjudge to be reasonable attorneys’ fees. Except to the extent prohibited by applicable law, the parties agree that any claim or cause of action arising out of or related to use of the Services or the Terms must be filed within one (1) year after such claim or cause of action arose or be forever barred. This paragraph does not apply to users who reside in the European Union.

If you are a user based in the European Union, then Irish law shall apply to these Terms and the Irish courts shall have exclusive jurisdiction to hear disputes arising in relation to the Terms. Despite this, your local laws in your European Union Member State may allow you to take legal action against AYC in your Member State and to invoke certain local laws against AYC.

Operation of the Services

The Services are provided by AYC, Inc. from its offices within the United States of America.

American Yoga Council, Inc.

106 Wendell Avenue, Suite 2C

Pittsfield MA, 01201

USA

AYC makes no representation that the Content or the Services are appropriate or available for use in other locations. Access to or use of the Content or the Services from territories where such access or use is illegal is prohibited. Those who choose to access the Services from locations outside of the United States or the EU/EEA do so on their own initiative and are responsible for compliance with applicable local laws. You may not use or export the Content in violation of U.S. export laws and regulations.

Termination

You agree that AYC may, under certain serious circumstances and without prior notice, immediately suspend or terminate your account and/or access to the Services. Cause for such suspension or termination shall include, but not be limited to, (a) breaches or violations of the Terms or other incorporated agreements, policies or guidelines, (b) requests by law enforcement or other government agencies, (c) a request by you (self-initiated account deletions), (d) discontinuance or material modification to the Services (or any portion thereof), (e) unexpected technical or security issues or problems, (f) extended periods of inactivity, and/or (g) nonpayment of any fees owed by you in connection with the Services. In some cases, you may have the right to appeal, for example, as described in our Acceptable Use Policy. Termination of your account may include (x) removal of access to all offerings within the Services, (y) deletion of your information, files and Content associated with your account, and (z) barring further use of the Services. Further, you agree that all suspensions or terminations for cause shall be made in AYC’s sole discretion and that AYC shall not be liable to you or any third party for any suspension or termination of your account or access to the Services. The following Sections shall survive termination of your account and/or the Terms: Content and Conduct, Clubs, Proprietary Rights, Your Feedback, Disclaimer of Warranties and Liability, Indemnity, Choice of Law and Forum, and General.

General

You agree that no joint venture, partnership, joint controllership, employment or agency relationship exists between you and AYC as a result of the Terms or your use of the Services. The Terms constitute the entire agreement between you and AYC with respect to your use of the Services. The failure of AYC to exercise or enforce any right or provision of the Terms shall not constitute a waiver of such right or provision. If any provision of the Terms is found by a court of competent jurisdiction to be invalid, the parties nevertheless agree that the court should endeavor to give effect to the parties’ intentions as reflected in the provision, and the other provisions of the Terms remain in full force and effect. You may not assign, delegate or otherwise transfer your account or your obligations under these Terms without the prior written consent of AYC. AYC has the right, in its sole discretion, to transfer or assign all or any part of its rights under these Terms and will have the right to delegate or use third party contractors to fulfill its duties and obligations under these Terms and in connection with the Services. AYC’s notice to you via email, regular mail or notices, posts, or links on the Services shall constitute acceptable notice to you under the Terms. A printed version of the Terms and of any notice given in electronic form shall be admissible in judicial or administrative proceedings based upon or relating to the Terms to the same extent and subject to the same conditions as other business documents and records originally generated and maintained in printed form. Section titles and headings in the Terms are for convenience only and have no legal or contractual effect. Any rights not expressly granted herein are reserved.

Modification of the Terms and Services

Certain provisions of the Terms may be supplemented or superseded by expressly designated legal notices or terms located on particular pages on the Services. AYC reserves the right to update the Terms at any time and for any reason in its sole discretion. AYC will notify you in advance of any material changes to the Terms. By continuing to access or use the Services after we have provided you with notice of a modification, you are agreeing to be bound by the modified Terms. If the modified Terms are not acceptable to you, your only recourse is to cease using the Services and delete your account.

AYC and its third party service providers may make improvements and/or changes in the Services, products, services, mobile applications, features, programs, and prices described at any time and for any reason in its sole discretion. For example, the mobile application may download and install upgrades, updates and additional features in order to improve, enhance, and further develop the Services. AYC reserves the right at any time to modify or discontinue, temporarily or permanently, the Services or any portion thereof with or without notice. You agree that AYC shall not be liable to you or to any third party for any modification, suspension or discontinuance of the Services.

Support and Questions

For questions regarding the Services and these Terms, please contact us via email legal@americanyogacouncil.com.