TERMS & CONDITIONS OF SERVICE

MVP Wellness App


LAST UPDATED: 7/7/2025

Version: 2


PLEASE READ ALL OF THESE TERMS & CONDITIONS OF SERVICE CAREFULLY. 


1. Description of Services


My Vinyasa Practice, LLC, (“MVP”), provides online livestream media and pre-recorded on- demand videos of Yoga Classes and Meditation Classes, as well as other visual, audio, and written content, information, and courses on various related topics including but not limited to Somatic Healing, Yoga Teacher Mentorship, and Yoga Therapy (collectively, “MVP Content”), as well as community tools for users to share and obtain information (“Community Features”), through the MVP Wellness App, located at the website https://www.tvmyvinyasapractice.com/ and the desktop, mobile, and device applications (the “MVP Wellness App”). The MVP Wellness App and all MVP Content, Community Features, and all other tools, functions, software, services, and applications offered by MVP in connection with the MVP Wellness App constitute the Services (“Services”). These Terms & Conditions of Service (“Terms”) govern your access to and use of the Services.


2. Binding Agreement; Modifications to Terms


By visiting, browsing, accessing, or using the Services in any way or by registering for an MVP Wellness App User Account (“User Account”) through the Services, you accept and agree to be bound by these Terms, including those additional terms and conditions to which some aspects of the Services may be subject to from time to time and are specified within the Services, and policies referred to herein or available by hyperlink, including our Privacy Policy, which form a binding legal agreement between you (the “User”, “you” or “your”) and MVP. A User may be either: (1) an individual who visits, browses, or accesses the Services as a visitor but does not register for an MVP Wellness App User Account (a “Visitor”); or (2) an individual who registers for User Account to access or use the Services (a “Registered User”).


You accept these Terms each time you access or use the Services. IF YOU DO NOT ACCEPT AND AGREE TO BE BOUND BY THESE TERMS, YOU MAY NOT ACCESS OR USE THE SERVICES. From time to time, MVP may modify these Terms, without prior notice to you, by posting the modified Terms to the MVP Wellness App. Any such modified Terms shall be effective immediately upon being posted to the MVP Wellness App (per the “Last Updated” date at the top of these Terms). Your use of the Services after a modified version of these Terms has been posted constitutes your binding acceptance of such modified Terms. IF YOU DO NOT ACCEPT AND AGREE TO BE BOUND BY SUCH MODIFIED TERMS, YOU MAY NOT ACCESS OR USE THE SERVICES ANYMORE.


In the event of material changes to these Terms, MVP will make reasonable efforts to provide you notice of such changes by sending an email to any email address MVP has on file for you, through a notification on the MVP Wellness App or otherwise through the Services, or other similar method of notification. Material changes to these Terms shall be effective upon the earlier of: (1) your first use of the Services with actual notice of such material change(s) to the Terms; or (2) ten (10) days from the posting of such material change(s) to the Terms.


MVP recommends that you periodically review these Terms to stay apprised of the latest updates and ensure your ongoing compliance with these Terms.


3. License to Access and Use the Services; Modifications to Software & Services


Subject to your compliance with these Terms, and for so long as MVP permits you to access or use the Services, MVP grants you a non-exclusive, non-sublicensable, non-transferable, revocable, limited license to access and use the Services for your own personal, non- commercial purposes. This includes the right to view MVP Content available through the Services, and the right to download, install, and run a copy of the MVP Wellness App Software (the “Software”), and all updates thereto, on a desktop, mobile, or device that you own or control. This license remains in effect until the termination of these Terms by either you or MVP.


MVP reserves all rights in and to the Services not expressly granted to you under these Terms. Except as expressly permitted by MVP, you may not: (1) copy, modify, perform, display, or create derivative works based on the Services; (2) download, reverse engineer, decompile, translate, or disassemble any part of the Services; (3) sell, distribute, transfer, sub-license, lease, lend or rent the Services to any third party; (4) make the Services available over a network such that the MVP Wellness App could be used by multiple devices at the same time; (5) take any measures to interfere with or damage, disable, overburden, or impair the functioning of the Services, or disrupt other users from fully using the Services; or (6) otherwise exploit the Services in any way, in whole or in part.


MVP reserves the right, in its discretion, to review, automatically update, or otherwise modify the Software at any time, and MVP will provide reasonable notice via posting to the Services or via email to the email address MVP has for you on file of such update. Your continued use of the Software following any such modification constitutes acceptance of and agreement to such modifications.


MVP reserves the right to modify, suspend, discontinue or stop all or any part of the Services at any time without prior notice to you, and MVP shall not be liable to you or any third party for exercising this right.


4. User Eligibility & Restrictions


Visitors must be at least thirteen (13) years of age to access the Services. If you are under the age of eighteen (18) or under the age of majority in your jurisdiction, you represent and warrant that you have the consent and permission of your parent or guardian to access or use the Services. Registered Users must be at least eighteen (18) years of age or older, or the age of majority as determined by the laws of your province, territory, or jurisdiction of residency, and have full legal capacity to enter into these Terms. Only Registered Users may access or generate User Content (as “User Content” is defined in these Terms) in the Community Features of the Services.


You warrant and represent that you will only access or use the Services in compliance with these Terms and all applicable local, state, national, and international laws, rules, and regulations. MVP makes no claims that the Services may be lawfully accessed or used in any specific location. Your access or use of the Services is void where prohibited or conflicts with any applicable law, rule, or regulation. You acknowledge that MVP may decline to offer the Services to, modify, or restrict, terminate, or revoke the Services from any person or entity and change the eligibility criteria at any time, at MVP’s convenience, for any reason, and without liability.


You warrant, represent, and agree that you will not access or use the Services in any manner inconsistent with or in violation of these Terms.


In addition to any other prohibitions or restrictions of these Terms, you may not access or use the Services for any of the following purposes:

  1. To infringe on the intellectual property, publicity, or privacy right of any person or entity, or remove, alter, or obscure any proprietary notices (including but not limited to copyright or trademark notices) on any portion of the Services or MVP Content;

  2. To engage in any form of defamation, libel, harassment, hatred, violence, abuse, intimidation, predatory or stalking behavior, or discrimination;

  3. To post, submit, or transmit any User Information or User Content that constitutes commercial advertising or solicitation, or engage in any commercial activity;

  4. To post, submit, or transmit any User Information or User Content which is false, fraudulent, misleading, or deceptive;

  5. To post, submit, or transmit any User Information or User Content which is obscene, pornographic, or offensive;

  6. To post, submit, or transmit any User Information or User Content that breaches any duty you have to or the right of any third party, including but not limited to the rights of privacy or publicity;

  7. To upload or transmit viruses, corrupted data, or any other type of malicious code or other harmful files that will or may be used in any way to affect the functionality or operation of the Services or threaten the integrity, performance, or availability of the Services;

  8. To collect or track the personal information of others, or spam, phish, pretext, spider, crawl, scrape, mine, or harvest data;

  9. To compile or collect any MVP Content available on the Services as part of a database or other work;

  10. To attempt to interfere in any way with or circumvent the security of the Services, to attempt to probe, scan, or test the vulnerability of a system or network, or to attempt to use the Services to gain unauthorized access to any other system or network; or

  11. To access or use the Services for any unlawful purpose or to solicit others to perform or participate in any unlawful acts.


5. Intellectual Property


All the provisions of this Section 5 shall survive the termination of these Terms by either you or MVP.


  1. MVP IP: As between you and MVP, MVP owns the Services, MVP Content, MVP’s Trademarks (“Trademarks” includes but is not limited to MVP’s name, logos, brands, designs, trademarks, service marks, trade names and trade dress, whether registered or unregistered), and all intellectual property rights therein (collectively, “MVP IP”). MVP IP is protected by copyright, trademark, and intellectual property and common and statutory laws of the United States and other countries. You may not use MVP IP except as authorized in writing by MVP. Accessing or using the Services does not give you ownership of any MVP IP. Except as expressly permitted by MVP, you may not: (1) copy, modify, perform, display, or create derivative works based on MVP IP; (2) download, reverse engineer, decompile, or disassemble any MVP IP; (3) sell, distribute, transfer, sub-license, lease, lend or rent MVP IP to any third party; or (4) take any measures to interfere with, alter, delete, conceal, or damage MVP IP contained on the Services. Any unauthorized use of MVP IP may violate or infringe copyrights or other intellectual property laws of the United States and other countries and may subject you to liability for such unauthorized use.

  2. Copyright or Trademark Complaints: MVP respects the intellectual property of others, and asks Users to do the same. If you believe that your work has been copied in a way that constitutes copyright infringement, or that your intellectual property rights have been otherwise violated, you should notify MVP of your infringement claim in accordance with the procedure set forth below. MVP will process and investigate notices of alleged infringement and will take appropriate actions under the Digital Millennium Copyright Act (“DMCA”), trademark-infringement, and other applicable intellectual property laws with respect to any alleged or actual infringement. A notification of claimed infringement should be mailed or emailed to MVP’s agent as follows: onlinestudio@myvinyasapractice.com.

To be effective, the notification must be in writing and contain the following information:

  • an electronic or physical signature of the person authorized to act on behalf of the owner of the copyright or other intellectual property interest;

  • a description of the copyrighted work, trademark, or other intellectual property that you claim has been infringed;

  • a description of where the material that you claim is infringing is located on the Services,
    with enough detail that we may find it on the Services;

  • your address, telephone number, and email address;

  • a statement by you that you have a good faith belief that the disputed use is not
    authorized by the copyright, trademark, or intellectual property owner, its agent, or the law; and

  • a statement by you, made under penalty of perjury, that the above information in your
    notice is accurate and that you are the copyright or intellectual property owner or authorized to act on the copyright or intellectual property owner’s behalf.


Counter-Notice:
If you believe that your User Content that was removed (or to which access was disabled) is not infringing, or that you have the authorization from the owner, the owner’s agent, or pursuant to the law, to upload and use the content in your User Content, you may send a written counter-notice containing the following information to the above-listed email or mail addresses:

  • your physical or electronic signature;

  • identification of the content that has been removed or to which access has been
    disabled and the location at which the content appeared before it was removed or disabled;

  • a statement that you have a good-faith belief that the content was removed or disabled as a result of mistake or a misidentification of the content; and

  • your name, address, telephone number, and email address, and a statement that you will accept service of process from the person who provided notification of the alleged infringement.

If a counter-notice is received at the above-listed email address, MVP will send a copy of the counter-notice to the original complaining party, informing that person that MVP may replace the removed content or cease disabling it in 10 business days. Unless the owner files an action seeking a court order against the content provider or User, the removed content may be replaced, or access to it restored, in 10 to 14 business days or more after receipt of the counter- notice, at MVP’s sole discretion.


Repeat Infringer Policy:
In accordance with the DMCA, trademark and other applicable law, MVP has adopted a policy of terminating, in appropriate circumstances and at MVP’s sole discretion, Users who are deemed to be repeat infringers. MVP may also at its sole discretion limit access to or terminate the Services or terminate the memberships of any Users who infringe any intellectual property rights of others, whether or not there is any repeat infringement.


6. User Accounts


You must register for a User Account and become a Registered User to: (1) Buy or Rent certain MVP Content through the Services; (2) purchase a Membership Subscription (as defined herein); or (3) access or use the Community Features of the Services. You may only register for one User Account.


  1. User Information: If you register for a User Account through the Services, you agree to provide true and accurate User Information about yourself to MVP (1) to create your User Account; and (2) to maintain and manage your User Account, including but not limited to your age, your email address, your profile picture (as applicable), and your credit card or other payment method information (including but not limited to expiration dates) (collectively, “User Information”). You further agree to timely update your User Account to reflect any changes to such User Information. Some of your User Information may be public to the Services, as indicated within your User Account. You warrant and represent that you have the authority and legal right to provide all User Information contained in your User Account, and to use any credit cards or payment methods contained in your User Account in connection with your access to and use of the Services. You may not include commercial advertisements, affiliate links, or other forms of solicitation in your User Information, or engage in commercial activities on the Services. MVP reserves the right to remove such forms of solicitation from your User Information or terminate your User Account if you engage in commercial activities on the Services.

  2. Communications & Notifications from MVP: You agree that MVP may use the email address you provide within your User Account to electronically communicate with you and consent to receiving all notices of any kind and notifications from MVP electronically. MVP may communicate with you about News & Updates, Promotions, and Community Updates; however, you may opt out of any of these types of communications within your User Account. MVP will send you transactional email communications confirming payments made by you, as well as changes to your account or data (“Transactional Emails”). You may not opt out of Transactional Emails.

  3. Username & Password: You are solely responsible for maintaining the confidentiality of your username and password to your User Account. You are responsible for all activities conducted under your User Account, whether those activities were authorized by you or not.

  4. Reporting Requirement: You agree to promptly contact and report to MVP, via the Contact Information provided for MVP in these Terms, if you become aware of (1) any unauthorized activity on your User Account; (2) any potential threat to the security of the User Information stored in your User Account, such as the unauthorized disclosure of your username or password; or (3) the cancellation of your credit card or other payment method stored in your User Account. TO THE MAXIMUM EXTENT ALLOWED BY APPLICABLE LAW, IN ADDITION TO THE OTHER LIMITATIONS OF LIABILITY IN THESE TERMS, MVP IS NOT RESPONSIBLE AND WILL NOT BE LIABLE FOR ANY ACTIVITY, DAMAGE, OR LOSS THAT RESULTS FROM THE UNAUTHORIZED USE OF YOUR USER ACCOUNT.

    This Section 6(4) shall survive the termination of these Terms.


7. Payments


MVP uses third party processors to process payments made by Users for the Services, who accept the payment methods as represented on the applicable payment screen, including but not limited to credit cards. You agree to pay in full for all purchases, rentals, or subscriptions you choose through the Services, and you authorize MVP or the payment processor to charge the payment method you provide on the applicable payment screen, for any such payments. All payment transactions on the Services take place in US Dollars. In addition to making payment in full for the purchases, rentals, or subscriptions you choose through the Services, you are responsible for paying for all applicable fees, taxes, and service charges resulting from a transaction through the Services. All payments for the Services are non-refundable unless otherwise stated in writing by MVP.


8. Buy or Rent MVP Content


Registered Users may Buy or Rent certain MVP Content offered through the Services on your User Account. The option to Buy or Rent, as well as the current price to Buy or Rent such MVP Content will be posted next to the MVP Content available to Buy or Rent within the Services. If you Buy specific MVP Content, you are purchasing the right to view that specific MVP Content for as long as that such MVP Content is available through the Services. If you Rent specific MVP Content, you are purchasing the right to view such MVP Content for seventy-two (72) hours from the time of Rental. You understand that your access and use to such MVP Content that you may either Buy or Rent is expressly contingent upon your payment in full for such MVP Content. You may manage your payment methods to Buy and Rent MVP Content, as well as your purchases and rentals of MVP Content, within your User Account.


9. Membership Subscriptions; Automatic Renewal of Subscriptions; Billing Authorization for Automatic Renewals; Cancellation; Free Trials


  1. Memberships: You may purchase a subscription for an MVP Wellness App Membership (“Membership Subscription”) to access and use the Services on your User Account. Available Memberships and each Membership’s current subscription pricing, subscription billing cycle, and a description of the specific MVP Content available for each Membership may be found at https://www.tvmyvinyasapractice.com/ or as otherwise posted within the Services. Features and prices of Membership Subscriptions are subject to change. You may manage or update your Membership Subscriptions, the automatic renewal of your Membership Subscriptions, and your payment method for your Membership Subscriptions within your User Account.

  2. AUTOMATIC RENEWAL OF MEMBERSHIP SUBSCRIPTIONS: When you purchase a Membership Subscription, you acknowledge, understand, and agree that: (1) each subscription has its own recurring billing cycles and recurring payment features, including but not limited to the automatic renewal of such Membership Subscription and automatic payment for the same; (2) each subscription billing period recurs on a monthly or annual cycle, as applicable; (3) each Membership Subscription automatically renews unless auto-renew is turned off at least 24-hours before the end of the current billing period; (4) if you do not timely turn off the auto-renewal feature within your User Account, or otherwise timely cancel a Membership Subscription in accordance with these Terms, such Membership Subscription shall automatically renew, and the payment method you provide to MVP on your User Account will be automatically charged within 24-hours of the end of the current billing period; (5) you accept full responsibility for all the payment obligations of the Membership Subscription to which you subscribe; and (6) you understand that your access and use of the Membership is expressly contingent upon your payment in full for such Membership Subscription.

  3. BILLING AUTHORIZATION FOR AUTOMATIC RENEWALS OF MEMBERSHIP SUBSCRIPTIONS: You acknowledge and expressly agree that, by purchasing a Membership Subscription through the Services, you authorize MVP to charge the payment method in your User Account on an automatic and recurring basis in accordance with the current subscription pricing and subscription billing cycle (either monthly or annually, as applicable) of the Membership Subscription you purchase. This Billing Authorization shall remain in full force and effect unless and until: (1) you cancel the automatic renewal of the Membership Subscription in accordance with these Terms; or (2) MVP terminates your User Account or Membership Subscription in accordance with these Terms.

  4. CANCELLATION OF AUTOMATIC RENEWAL OF MEMBERSHIP SUBSCRIPTIONS: You may timely cancel a Membership Subscription at any time up to twenty-four hours prior to the end of your current billing period by turning off the auto- renewal of such Membership Subscription through your User Account. The auto-renewal of any Membership Subscription you purchase may be turned off by going to the Account Settings in your User Account after purchase. Upon timely cancellation you will not be charged for any subsequent subscription billing periods and your Membership Subscription will not continue past the current subscription billing period. Please do not hesitate to contact MVP with any questions regarding the Cancellation of Automatic Renewal of Subscriptions at the Contact Information for MVP contained in these Terms.

  5. Free Trials: From time to time, MVP may offer free trial periods of certain Membership Subscriptions through the Services (“Free Trial”). Any additional terms & conditions of the Free Trial will be communicated to you when you sign up for the Free Trial. You may cancel a Free Trial at any time up to twenty-four hours prior to the end of the Free Trial period, using the same method as Cancellation of Automatic Renewal of Membership Subscriptions in these Terms. A Free Trial may be offered in conjunction with a Membership Subscription; if this is the case, within twenty-four hours of the end of the Free Trial period, MVP will begin billing the payment method on your User Account for the purchase price of the subscription to such Membership, on a recurring basis, in accordance with the subscription billing cycle of such Membership, until you cancel the automatic renewal of the Membership Subscription in accordance with these Terms. Any unused portion of a free trial period, if offered, will be forfeited when the User purchases a subscription to a Membership, where applicable.


10. Community Features


The Community Features of the Services may allow Registered Users to upload and post content such as text, comments, photographs, audio, works of authorship of any kind, or other media or materials that are generated or otherwise made available through the Services by the Users (“User Content”).


The provisions of this Section 10 shall survive the termination of these Terms.


As between you and MVP, you own the User Content. By posting any User Content on or through the Service, you hereby grant to MVP a perpetual, non-exclusive, fully-paid, royalty-free, fully sublicensable, transferable, irrevocable worldwide license to use, modify, publicly perform, publicly display, reproduce, prepare derivative works of (including, without limitation, translations), and distribute such User Content (in whole or in part), and the right to use the username you submit in connection with your User Content, for any purpose, commercial or otherwise. You represent and warrant that you own the User Content posted by you on or through the Services or otherwise have the sole right to grant the license set forth above to MVP. This license shall remain in effect even after the termination of these Terms.


In addition, you waive any right to publicity or privacy in your User Content. User Content or other communications available through the Community Features are not private communications. You further grant all Users of the Services permission to view your User Content for their own personal, non-commercial purposes. You are solely responsible for any User Content you upload or post. User Content is expressly subject to all prohibitions and restrictions of these Terms; however, by accessing or using the Services, you acknowledge and understand that you may still be exposed to User Content which is offensive, harmful, or inaccurate.


TO THE MAXIMUM EXTENT ALLOWED BY APPLICABLE LAW, IN ADDITION TO THE OTHER LIMITATIONS OF LIABILITY IN THESE TERMS, MVP IS NOT RESPONSIBLE AND ASSUMES NO LIABILITY FOR ANY USER CONTENT, INCLUDING BUT NOT LIMITED TO ANY ACTIVITY, LOSS, OR DAMAGE TO YOUR USER CONTENT.


This limitation of MVP’s liability shall survive the termination of these Terms.


You represent and warrant that you will not post, upload, or transmit any material in your User Content which violates any of the prohibitions or restrictions of these Terms, or which inhibits any third party from accessing or using any part of the Services, or which may expose MVP or other Users to harm or liability of any kind. MVP reserves the right (but is not obligated) to monitor, edit, or remove any User Content, at any time and without notice, and investigate User Content or conduct that MVP considers to be harmful or violates these Terms. Additionally, MVP may, in its sole discretion, suspend, disable, or terminate your User Account (or any part thereof), or block your access to the Services to prevent you from registering for a new User Account, if MVP deems that your User Content or your conduct is harmful or violates any of these Terms.


You are solely responsible for all your interactions with other Users of the Services. MVP may, but is not obligated to, monitor any interactions or disputes between you and other Users. MVP is not responsible or liable for any loss, damage, injury, or matters of any kind that you incur as a result of your interactions with other Users of the Services.


11. Term; Termination


  1. Term: These Terms begin on your first date of access or use of the Services, and continue as long as you access or use the Services, by maintaining your User Account through the Services or otherwise in accordance with these Terms.

  2. Termination by User: You may terminate your access to and use of the Services at any time by ceasing to browse, visit, or otherwise access the Services, deleting your User Account as applicable) within the Account Settings of your User Account, and deleting the Software from your personal desktop computer, mobile device, or other personal device. You still remain solely responsible for all your obligations related to your access to and use of the Services, including but not limited to any financial or payment obligations you owe to MVP or MVP’s payment processors (as applicable), after you terminate your access to and use of the Services.

  3. Termination by MVP: MVP may suspend or terminate your access to or use of the Services at any time, for any reason, without notice or liability to you for any damage or loss caused by any suspension or termination of your access to the Services. Additionally, MVP may seek any legal recourse and additional remedies available in the event MVP believes you have violated these Terms.


12. Third Party Content


From time to time, through the Community Features of the Services or otherwise, links to third- party websites, which MVP has no control over and does not own, may be posted to or contained within the Services. MVP has no control over, and assumes no responsibility for, the content, accuracy, privacy, policies, or practices of any such third-party website, and the inclusion of such third-party websites does not constitute MVP’s approval or endorsement of those websites. MVP does not monitor or investigate these third-party websites, but MVP encourages you to be cautious and aware of the third-party websites you access, and to assess the security and reliability of such websites before disclosing any of your personal information. You access all third- party websites at your own risk and are solely responsible for your actions related to such third- party websites.


TO THE MAXIMUM EXTENT PERMITTED BY LAW, MVP IS NOT RESPONSIBLE FOR NOR LIABLE FOR ANY LOSS OR DAMAGE RESULTING FROM YOUR DISCLOSURE OF INFORMATION TO ANY THIRD PARTY, OR YOUR USE OF OR RELIANCE ON ANY THIRD- PARTY WEBSITE.


This limitation of MVP’s liability shall survive the termination of these Terms.


13. SAFETY WARNINGS; USER ASSUMPTION OF RISK


All the provisions of this Section 13 shall survive the termination of these Terms.


MVP RECOMMENDS THAT YOU CONSULT WITH AND SEEK CLEARANCE FROM YOUR PHYSICIAN, MENTAL HEALTHCARE PROVIDER, OR OTHER HEALTHCARE PROVIDER BEFORE ACCESSING OR USING THE SERVICES. DO NOT DISREGARD OR DELAY OBTAINING ADVICE FROM YOUR HEALTHCARE PROVIDER BASED ANY INFORMATION, INSTRUCTION, OR GUIDANCE PROVIDED THROUGH THE SERVICES. YOUR USE OF THE INFORMATION, INSTRUCTION, OR GUIDANCE PROVIDED THROUGH SERVICES IS AT YOUR OWN RISK.


MVP IS NOT A LICENSED HEALTHCARE PROVIDER, AND ANY INFORMATION, INSTRUCTION, OR GUIDANCE PROVIDED THROUGH THE SERVICES: (I) DOES NOT CONSTITUTE, MEDICAL, PSYCHIATRIC, OR PSYCHOLOGICAL ADVICE, ATTENTION, EXAMINATION, DIAGNOSIS, OR TREATMENT, OR ANY OTHER TYPE OF ADVICE, ATTENTION, EXAMINATION, DIAGNOSIS, OR TREATMENT OTHERWISE PROVIDED BY A LICENSED HEALTHCARE PROVIDER; (II) IS NOT A SUBSTITUTE FOR MEDICAL, PSYCHIATRIC, OR PSYCHOLOGICAL ADVICE, ATTENTION, EXAMINATION, DIAGNOSIS, OR TREATMENT, OR ANY OTHER TYPE OF ADVICE, ATTENTION, EXAMINATION, DIAGNOSIS, OR TREATMENT OTHERWISE PROVIDED BY A LICENSED HEALTHCARE PROVIDER; AND (III) IS NOT INTENDED TO DIAGNOSE, TREAT, OR CURE ANY MEDICAL, PSYCHOLOGICAL, OR PSYCHIATRIC CONDITION.


You represent and warrant that: (1) you have an informed and sufficient understanding of the information, instruction, or guidance that MVP offers through the Services; (2) you understand your own physical and mental limitations, and are sufficiently able to recognize when to stop a physical or mental activity prior to becoming ill, mentally or emotionally distressed, or injured; (3) you understand and agree that your access and use of the Services carries inherent risks of personal or bodily injury, property damage, and death that cannot be entirely eliminated; (4) you understand and agree that it is your sole responsibility to assess and maintain your own physical and mental health and safety while accessing or using the Services; (5) if, prior to using or accessing the Services, you have had any health condition or physical injury (such as a heart condition, high blood pressure, vertigo, joint or bone conditions, chest pain, any muscle condition, sprain, tear, or the like) or mental condition or mental injury, you affirm that you have specifically consulted your healthcare provider and they approved of your use of the Services; and (6) if you are pregnant, breastfeeding, or lactating, you affirm that you have specifically consulted your healthcare provider and they approved your use of the Services.


USER ASSUMPTION OF RISK: TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, YOU AGREE TO ACCEPT AND ASSUME ANY AND ALL RISKS OF PERSONAL OR BODILY INJURY, PROPERTY DAMAGE, AND DEATH ARISING FROM YOUR ACCESS TO AND USE OF THE SERVICES, WHETHER CAUSED BY THE CARELESSNESS OR NEGLIGENCE OF MVP OR ANY THIRD PARTY.


14. Force Majure


Neither you nor MVP shall be liable to the other for any failure or delay to perform any obligation under these Terms which is due to an event beyond the control of such party including but not limited to any Act of God, terrorism, war, Political insurgence, insurrection, riot, civil unrest, act of civil or military authority, uprising, earthquake, flood, cyberattack, or any other natural or man- made eventuality outside of your or MVP’s control which could not have been reasonably foreseen or reasonably circumvented. You and MVP will inform one another of the same and use all reasonable efforts to comply with these Terms.


15. WARRANTY DISCLAIMERS; LIMITATION OF LIABILITY


All the provisions of this Section 15 shall survive the termination of these Terms.


WARRANTY DISCLAIMERS


MY VINYASA PRACTICE, LLC, MAKES NO REPRESENTATION, WARRANTY, OR GUARANTY AS TO THE RELIABILITY, TIMELINESS, QUALITY, SUITABILITY, TRUTH, AVAILABILITY, ACCURACY, OR COMPLETENESS OF THE SERVICES. MY VINYASA PRACTICE, LLC, DOES NOT REPRESENT OR WARRANT THAT (A) THE USE OF THE SERVICES WILL BE SECURE, TIMELY, UNINTERRUPTED, OR ERROR-FREE OR OPERATE IN COMBINATION WITH ANY OTHER HARDWARE, SOFTWARE, SYSTEM OR DATA,

(B) THE SERVICES WILL MEET YOUR REQUIREMENTS OR EXPECTATIONS, (C) ANY STORED DATA WILL BE ACCURATE, RETRIEVABLE, OR RELIABLE, (D) THE QUALITY OF ANY SERVICE, INFORMATION, OR OTHER MATERIAL PURCHASED OR OBTAINED BY YOU THROUGH THE SERVICES WILL MEET YOUR REQUIREMENTS OR EXPECTATIONS, (E) ERRORS OR DEFECTS WILL BE CORRECTED, OR (F) THE SERVICE OR THE SERVER(S) THAT MAKE THE SERVICES AVAILABLE ARE FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS.


YOU EXPRESSLY UNDERSTAND AND AGREE THAT ANY MATERIAL DOWNLOADED OR OTHERWISE OBTAINED THROUGH THE USE OF THE SERVICES IS ACCESSED AT YOUR OWN DISCRETION AND RISK, AND YOU ARE SOLELY RESPONSIBLE FOR ANY DAMAGE TO YOUR COMPUTER SYSTEM OR MOBILE DEVICE OR LOSS OF DATA THAT RESULTS FROM THE DOWNLOAD OR USE OF ANY SUCH MATERIAL.


YOU EXPRESSLY UNDERSTAND AND AGREE THAT THE SERVICES ARE PROVIDED TO YOU STRICTLY ON AN AS-IS AND AS AVAILABLE BASIS. ALL CONDITIONS, REPRESENTATIONS AND WARRANTIES, WHETHER EXPRESS, IMPLIED, STATUTORY, OR OTHERWISE, INCLUDING, WITHOUT LIMITATION, ANY IMPLIED WARRANTY OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, OR NON-INFRINGEMENT OF THIRD-PARTY RIGHTS, ARE HEREBY DISCLAIMED TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW.


LIMITATION OF LIABILITY


IN NO EVENT SHALL MY VINYASA PRACTICE, LLC, BE LIABLE TO YOU OR ANY THIRD PARTY FOR ANY INDIRECT, CONSEQUENTIAL, EXEMPLARY, INCIDENTAL, SPECIAL, OR PUNITIVE DAMAGES, INCLUDING, BUT NOT LIMITED TO, DAMAGES FOR LOSS OF PROFITS, GOODWILL, USE, DATA, OR OTHER INTANGIBLE LOSSES (EVEN IF MY VINYASA PRACTICE, LLC, HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES), ARISING FROM (A) YOUR ACCESS OR USE OR THE INABILITY TO ACCESS OR USE THE SERVICES, (B) THE COST OF PROCUREMENT OF SUBSTITUTE SERVICES RESULTING FROM ANY DATA, INFORMATION OR SERVICES OBTAINED OR MESSAGES RECEIVED OR TRANSACTIONS ENTERED INTO THROUGH, FROM, OR AS A RESULT OF THE SERVICES; (C) UNAUTHORIZED ACCESS TO OR ALTERATION OF YOUR TRANSMISSIONS OR DATA; (D) STATEMENTS OR CONDUCT OF ANY USER OR THIRD PARTY ON THE SERVICE; (E) YOUR RELIANCE ON CONTENT MADE AVAILABLE THROUGH THE SERVICES; OR (F) ANY OTHER MATTER RELATING TO THE SERVICES.


NOTWITHSTANDING ANYTHING TO THE CONTRARY CONTAINED HEREIN, MY VINYASA PRACTICE, LLC’S AGGREGATE LIABILITY TO YOU FOR ANY CAUSE WHATSOEVER AND REGARDLESS OF THE FORM OF THE ACTION (WHETHER IN CONTRACT, TORT, BREACH OF WARRANTY, OR OTHERWISE), WILL AT ALL TIMES BE LIMITED TO $100. SOME JURISDICTIONS DO NOT ALLOW THE LIMITATION OR EXCLUSION OF LIABILITY FOR INCIDENTAL OR CONSEQUENTIAL DAMAGES, SO THE ABOVE LIMITATIONS OR EXCLUSIONS MAY NOT APPLY TO YOU. TO THE EXTENT THAT ONE OR ANY ASPECT OF THE LIMITATIONS SET OUT ABOVE DOES NOT APPLY, ALL REMAINING ASPECTS SURVIVE.


The warranty disclaimers and limitations of liability set forth in these Terms shall apply irrespective of any failure of essential purpose of any limited remedy.


16. INDEMNIFICATION


All the provisions of this Section 16 shall survive the termination of these Terms.


YOU AGREE TO DEFEND, INDEMNIFY, AND HOLD HARMLESS MVP, AND ITS OWNERS, OFFICERS, EMPLOYEES, DIRECTORS, AND AGENTS, FROM AND AGAINST ANY AND ALL CLAIMS, DAMAGES, OBLIGATIONS, LOSSES, LIABILITIES, COSTS OR DEBT, AND EXPENSES (INCLUDING BUT NOT LIMITED TO ATTORNEY’S FEES), ARISING FROM: (1) YOUR USE OF AND ACCESS TO THE SERVICES; (2) YOUR VIOLATION OF ANY OF THESE TERMS & CONDITIONS OF SERVICE; (3) YOUR VIOLATION OF ANY THIRD PARTY RIGHT, INCLUDING WITHOUT LIMITATION ANY COPYRIGHT, PROPERTY, OR PRIVACY RIGHT; AND (4) ANY CLAIM THAT THE SERVICES CAUSED DAMAGE TO A THIRD-PARTY. THIS DEFENSE AND INDEMNIFICATION OBLIGATION WILL SURVIVE THIS AGREEMENT.


17. Miscellaneous Provisions


All the provisions of this Section 17 shall survive the termination of these Terms.


  1. Entire Agreement: These Terms, including any other agreements or policies incorporated herein by reference, constitute the entire agreement between you and MVP regarding your access to and use of the Services.

  2. Governing Law, Venue, and Jurisdiction. To the fullest extent permitted by applicable law, these Terms shall be governed by and construed in accordance with the internal laws of the State of Texas, United States of America, excluding any conflicts-of-law rule or principle that might refer the governance or construction of these Terms to the laws of another jurisdiction. Any dispute or claim arising out of or related to these Terms shall be resolved exclusively in the state or federal courts located in Travis County, Texas, United States of America. You irrevocably and unconditionally consent and submit to the exclusive jurisdiction of such courts for resolving such dispute and you waive any objection to the venue laid herein. You agree that the service of process in any such suit, action, or proceeding may be effectuated upon you by registered mail, return receipt requested, to the mailing address you provide to MVP in your User Account, or in any other manner permitted by applicable law.

  3. Severability: If any provision of these Terms is found to be invalid or unenforceable by a court of competent jurisdiction, the remaining provisions shall remain in full force and effect. The invalid or unenforceable provision shall be modified to the extent necessary to make it valid and enforceable while maintaining the Parties’ original intent.

  4. Titles, Captions & Headings: The titles, captions and headings of the sections of these Terms are for convenience of reference only and in no way define, limit or affect the scope or substance of any section of these Terms.

  5. Waiver: The failure of MVP to exercise or enforce any right or provision of these Terms shall not operate as a waiver of such right or provision.

  6. Assignment: MVP may freely transfer or assign these Terms and any of MVP’s rights and obligations hereunder. You may not transfer or assign these Terms or any of your rights or obligations hereunder without the written consent of MVP.


18. Contact MVP 

You may contact us as follows:

My Vinyasa Practice, LLC

109 Jacob Fontaine Ln Suite 800 Austin, TX 78752

onlinestudio@myvinyasapractice.com