Tune Up Fitness Worldwide, Inc., also doing business as Yoga Tune Up, operates and maintains this product and information website (this Site) for your personal entertainment, information, education, and communication. Your access to and use of this Site is subject to the following terms and conditions (Terms and Conditions) and all applicable laws. By accessing and browsing this Site, you accept, without limitation or qualification, the Terms and Conditions and acknowledge that any other agreements between you and Tune Up Fitness Worldwide, Inc., if any, are superseded and of no force or effect. Due to the nature of the internet, we cannot prohibit minors from visiting our web site. However, all users who register with our web site must be 18 years of age or older.
Not Medical Care
Tune Up Fitness Worldwide, Inc. is not a substitute for medical care, and offers no health warranties or guarantees of any kind. The information provided on these pages is not meant to be a substitute for medical advice from your doctor or health care provider. Users of tuneupfitness.com and the products of Tune Up Fitness Worldwide, Inc. are advised that health advice is often subject to updating and refining due to medical research and developments. Tune Up Fitness Worldwide, Inc. is committed to bringing you the most up to date information, however, we make no guarantee that the information herein is the most recent on any particular subject. You are encouraged to consult with your health care provider with any questions or concerns you may have regarding any health condition that you may have before starting any exercise program.
When accessing and browsing this Site you agree not to distribute, modify, transmit, print, duplicate, reuse, re-post, or use the contents of this Site, or portions thereof, for public or commercial purposes, including the text, images, audio, and video, without Tune Up Fitness Worldwide, Inc.'s prior written permission. Failure to include this notice on any digital or printed copy of the contents of this Site, or portions thereof; unauthorized registration of a claim of copyright on the content of this Site, or portions thereof; adding to or omitting from the content of this Site, or portions thereof, without clearly indicating that such has been done; or profiting from transmission or duplication of the content of this Site, or portions thereof, is a clear violation of the permission given in this notice, and is strictly prohibited. Violators will be prosecuted.
Tune Up Fitness Worldwide, Inc. neither warrants nor represents that your use of materials displayed on this Site will not infringe rights of third parties not owned by or affiliated with Tune Up Fitness Worldwide, Inc..
Other Intellectual Property
The trademarks, logos, and service marks, images, illustrations, audio clips and video clips displayed on this Site (collectively, the Property) are protected by copyrights and other intellectual property rights owned by or licensed to Tune Up Fitness Worldwide, Inc. and its partners. Nothing contained on this Site should be construed as granting, by implication or otherwise, any license or right to use, other than individual, non-profit use, any Property without the prior written permission of Tune Up Fitness Worldwide, Inc. or such third party that may own rights to such Property. Any unauthorized use of the Property may violate copyright laws, trademark laws, the laws of privacy and publicity, and communications regulations and statutes. Violators will be prosecuted.
Except where expressly provided otherwise by Tune Up Fitness Worldwide, Inc., all comments, feedback, information, or materials that you submit through or in association with the Site shall be considered non-confidential. By transmitting or posting any communications or materials to this site, you agree that Tune Up Fitness Worldwide, Inc. may use your communications or materials for any purpose, including reproduction, transmission, publication, broadcast and posting. Tune Up Fitness Worldwide, Inc. is free to use any ideas, concepts or know-how contained in such communications or materials for any purpose whatsoever including, but not limited to developing, manufacturing, distributing and marketing products using such information, without the obligation to notify, identify or compensate you or anyone else.
Although Tune Up Fitness Worldwide, Inc. may from time to time monitor or review discussions, chats, postings, transmissions, bulletin boards, and the like on this Site, Tune Up Fitness Worldwide, Inc. is under no obligation to do so and assumes no responsibility or liability arising from the content of any such locations nor for any error, defamation, libel, slander, omission, falsehood, obscenity, pornography, profanity, danger, or inaccuracy contained in any information within such locations on this Site. You are prohibited from posting or transmitting any unlawful, threatening, libelous, defamatory, obscene, scandalous, inflammatory, pornographic, or profane material or any material that could constitute or encourage conduct that would be considered a criminal offense, give rise to civil liability, or otherwise violate any law. Tune Up Fitness Worldwide, Inc. will fully cooperate with any law enforcement authorities or court order requesting or directing Tune Up Fitness Worldwide, Inc. to disclose the identity of anyone posting any such information or materials.
Outside Information, Advertising and Linked Sites
TUNE UP FITNESS WORLDWIDE INC. IS NOT LIABLE FOR ANY DIRECT, INCIDENTAL, CONSEQUENTIAL, INDIRECT, OR PUNITIVE DAMAGES ARISING OUT OF YOUR ACCESS TO, OR USE OF, THIS SITE. WITHOUT LIMITING THE FOREGOING, EVERYTHING ON THIS SITE IS PROVIDED TO YOU AS IS WITHOUT WARRANTY OF ANY KIND, EITHER EXPRESSED OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, THE IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, OR NON-INFRINGEMENT. YOU EXPRESSLY AGREE THAT YOUR USE OF, OR INABILITY TO USE, THE SITE IS AT YOUR SOLE RISK. PLEASE NOTE THAT SOME JURISDICTIONS MAY NOT ALLOW THE EXCLUSION OF IMPLIED WARRANTIES, SO SOME OF THE ABOVE EXCLUSIONS MAY NOT APPLY TO YOU. CHECK YOUR LOCAL LAWS FOR ANY RESTRICTIONS OR LIMITATIONS REGARDING THE EXCLUSION OF IMPLIED WARRANTIES. WHILE ALL INFORMATION PREPARED FOR THIS SITE WAS BELIEVED TO BE ACCURATE AS OF THE DATE PREPARED, TUNE UP FITNESS WORLDWIDE INC. MAKES NO WARRANTIES OR REPRESENTATIONS AS TO THE ACCURACY, RELIABILITY OR CONTENT OF ANY INFORMATION, SERVICE OR MERCHANDISE PROVIDED THROUGH THIS SITE AND ASSUMES NO LIABILITY OR RESPONSIBILITY FOR ANY ERRORS OR OMISSIONS IN THE CONTENT OF THIS SITE. TUNE UP FITNESS WORLDWIDE INC. ALSO ASSUMES NO RESPONSIBILITY, AND SHALL NOT BE LIABLE FOR, ANY DAMAGES TO, OR VIRUSES THAT MAY INFECT, YOUR COMPUTER EQUIPMENT OR OTHER PROPERTY ON ACCOUNT OF YOUR ACCESS TO, USE OF, OR BROWSING IN THIS SITE OR YOUR DOWNLOADING OF ANY MATERIALS, DATA, TEXT, IMAGES, VIDEO, OR AUDIO FROM THIS SITE. UPON OUR REQUEST, YOU AGREE TO INDEMNIFY AND HOLD TUNE UP FITNESS WORLDWIDE INC. HARMLESS FROM ALL LIABILITIES, CLAIMS AND EXPENSES, INCLUDING ATTORNEYS' FEES, THAT ARISE FROM ANY BREACH OF THESE TERMS FOR WHICH YOU ARE RESPONSIBLE, OR FROM THE USE OF THIS SITE.
TUNE UP FITNESS WORLDWIDE INC. DOES NOT GUARANTEE, REPRESENT, OR WARRANT THAT YOUR USE OF THE SITE WILL BE UNINTERRUPTED OR ERROR-FREE, AND YOU AGREE THAT FROM TIME TO TIME TUNE UP FITNESS WORLDWIDE INC. MAY REMOVE THE SITE FOR INDEFINITE PERIODS OF TIME, OR CANCEL THE SITE AT ANY TIME, WITHOUT NOTICE TO YOU.
IN NO CASE SHALL TUNE UP FITNESS WORLDWIDE INC., ITS DIRECTORS, OFFICERS, EMPLOYEES, AFFILIATES, AGENTS, CONTRACTORS, OR LICENSORS BE LIABLE FOR ANY DIRECT, INDIRECT, INCIDENTAL, PUNITIVE, SPECIAL, OR CONSEQUENTIAL DAMAGES ARISING FROM YOUR USE OF OR ACCESS TO THE SITE OR FOR ANY OTHER CLAIM RELATED IN ANY WAY TO YOUR USE OF THE SITE, INCLUDING, BUT NOT LIMITED TO, ANY ERRORS OR OMISSIONS IN ANY CONTENT, OR ANY LOSS OR DAMAGE OF ANY KIND INCURRED AS A RESULT OF THE USE OF ANY CONTENT (OR PRODUCT) POSTED, TRANSMITTED, OR OTHERWISE MADE AVAILABLE VIA THE SITE, EVEN IF ADVISED OF THEIR POSSIBILITY. BECAUSE SOME STATES OR JURISDICTIONS DO NOT ALLOW THE EXCLUSION OR THE LIMITATION OF LIABILITY FOR CONSEQUENTIAL OR INCIDENTAL DAMAGES, IN SUCH STATES OR JURISDICTIONS, TUNE UP FITNESS WORLDWIDE INC.'S LIABILITY SHALL BE LIMITED TO THE EXTENT PERMITTED BY LAW.
TUNE UP FITNESS WORLDWIDE INC. SHALL USE REASONABLE EFFORTS TO PROTECT INFORMATION SUBMITTED BY YOU IN CONNECTION WITH THE SITE, BUT YOU ACKNOWLEDGE AND AGREE THAT YOUR SUBMISSION OF SUCH INFORMATION IS AT YOUR SOLE RISK, AND TUNE UP FITNESS WORLDWIDE INC. HEREBY DISCLAIMS ANY AND ALL LIABILITY TO YOU FOR ANY LOSS OR LIABILITY RELATING TO SUCH INFORMATION IN ANY WAY.
Waiver and Indemnity
BY USING OR ACCESSING THIS SITE, YOU AGREE TO INDEMNIFY AND HOLD TUNE UP FITNESS WORLDWIDE INC., ITS DIRECTORS, OFFICERS, EMPLOYEES, AFFILIATES, AGENTS, CONTRACTORS, AND LICENSORS HARMLESS WITH RESPECT TO ANY CLAIMS ARISING OUT OF YOUR BREACH OF THIS AGREEMENT, YOUR USE OF THE SITE, OR ANY ACTION TAKEN BY TUNE UP FITNESS WORLDWIDE INC. AS PART OF ITS INVESTIGATION OF A SUSPECTED VIOLATION OF THIS AGREEMENT OR AS A RESULT OF ITS FINDING OR DECISION THAT A VIOLATION OF THIS AGREEMENT HAS OCCURRED. THIS MEANS THAT YOU CANNOT SUE OR RECOVER ANY DAMAGES FROM TUNE UP FITNESS WORLDWIDE INC., ITS DIRECTORS, OFFICERS, EMPLOYEES, AFFILIATES, AGENTS, CONTRACTORS, AND LICENSORS AS A RESULT OF ITS DECISION TO REMOVE OR REFUSE TO PROCESS ANY INFORMATION OR CONTENT, TO WARN YOU, TO SUSPEND OR TERMINATE YOUR ACCESS TO THE SITE, OR TO TAKE ANY OTHER ACTION DURING THE INVESTIGATION OF A SUSPECTED VIOLATION OR AS A RESULT OF TUNE UP FITNESS WORLDWIDE INC.'S CONCLUSION THAT A VIOLATION OF THIS AGREEMENT HAS OCCURRED. THIS WAIVER AND INDEMNITY PROVISION APPLIES TO ALL VIOLATIONS DESCRIBED IN OR CONTEMPLATED BY THIS AGREEMENT.
Revisions to Terms and Conditions
Tune Up Fitness Worldwide, Inc. may at any time revise these Terms and Conditions by updating this posting. You are bound by any such revisions and should therefore periodically visit this page to review the then current Terms and Conditions to which you are bound.
Registered Users (or "Members") of Tune Up Fitness Worldwide, Inc. may not share, give or sell their password or username to any other person or company. Excessive viewings or logins by any member will be construed by Tune Up Fitness Worldwide, Inc. as fraudulent use of services, which will result in the immediate cancelation of membership without refund. When inputting your information for registration you agree to take all actions possible to protect your username and password from fraudulent use.
Tune Up Fitness Worldwide, Inc. reserves the right to cancel any membership it believes has been compromised, or is being used fraudulently, at our own discretion.
AT HOME PROGRAM MEMBERSHIP BILLING, AUTO RENEWAL & CANCELLATION
The monthly Yoga Tune Up At Home Program is billed on four week cycles. The "Start Date" of your program will be 7 days from the date of your initial purchase and you will be billed every four weeks from that date. For your convenience, the "Package" you purchased (either Gold or Platinum) will trigger automatic billing every four weeks for one new DVD you will receive. This billing will continue on four week cycles until the program is canceled by you or ends. You may cancel your program within two weeks of receiving your first DVDs, and then upon receipt of your returned product, you will be credited the "Package Price" based on which package you purchased plus any applicable sales tax. Shipping costs will not be refunded. Should you cancel after the first two weeks or within two weeks from your next billing cycle, you will be sent and billed for your next month's program which is non-refundable.
All membership fees are charged in USD currency. Depending upon your credit card's currency and the country in which your card was issued, your credit card provider may impose foreign exchange fees and other fees which are in accordance with your arrangements with that credit card provider. Canadian customers will be charged GST (Goods and Services Tax).
RETURNS AND REFUND POLICY - PRODUCTS
- Therapy Ball Program Kits, CDs & Balls and Accessories - These items may be returned within 30 Days from date of purchase, the Hang Tags must be on the Toted Balls and the balls must be in "New Condition" i.e., unused, and the DVD or CD included in any Kit must be fully sealed. Refund is for the physical items returned only. Original shipping will not be refunded.
- Online Videos - The cost of these items are non-refundable. Viewing video material on the site requires broadband access. Please be sure to test your system's ability to play video prior making a purchase.
- At Home Program DVDs - You may cancel your program within two weeks of receiving your first set of DVDs and upon receipt of your returned product, you will be credited the "Package Price" of your first DVD plus any applicable sales tax. Shipping costs will not be refunded. Should you cancel after the first two weeks or within two weeks from your next billing cycle, you will be sent and billed for your next month's program which is non-refundable.
- DVDs - These items may be returned within 30 Days from date of purchase only if they have not been opened and are fully sealed in their original packaging. Refund is for the physical items returned only. Original shipping will not be refunded.
REFUND POLICY - TRAININGS
- All cancellations must be made on or before the applicable time period prior to the start of the scheduled event and are subject to a $25, $50 or $100 processing fee based on the program.
- There are no refunds for cancellations less than 30 days prior to a Level 1 Certification training or 7 days for other trainings (or on day 1 of any training); however, money is transferable to a future Tune Up Fitness hosted training less the processing fee. Tune Up Fitness will honor your credit to be used toward another Tune Up Fitness® Training of equal or lesser value within 1 year of original training only and may not be applied to trainings at Retreat Centers.
- Once day #2 of the training has commenced no refund or credit will be issued.
If any portion of this agreement between Tune Up Fitness Worldwide, Inc. and you is held to be invalid, the remainder of this agreement shall remain in full force and effect.
Successors and Assigns
This agreement between Tune Up Fitness Worldwide, Inc. and you is binding on you and your heirs, executors, administrators and personal representatives.
This agreement between Tune Up Fitness Worldwide, Inc. and you is governed by and interpreted in accordance with the laws of the state of California, United States of America. You attorn irrevocable and unconditionally to the jurisdiction of the courts of the State of California in the United States of America, in respect of any action or proceeding commenced in respect of this Agreement.