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TERMS & CONDITIONS

TERMS & CONDITIONS

TERMS & CONDITIONS

Yoga Health Life Terms of Service, Use and Purchase
Welcome to Yoga Health Life and FL2! This website located at www.coolyogapants.com (this "Site") is owned and operated by Yoga Health Life LLC, a subsidiary of Just Fabulous, Inc. (the “Company”) and JFGC, LLC (“JFGC” and, collectively with the Company, “Yoga Health Life”). Yoga Health Life provides website features and other products and services to you when you visit, shop or purchase items from this Site, access this Site from your mobile devices, or use software provided by Yoga Health Life in connection with any of the foregoing (collectively, “Yoga Health LifeServices”). Yoga Health Life provides its products and services subject to these Terms of Service.

By using the Yoga Health Life Services, you agree to these conditions. Please read them carefully.
By accessing or using this Site, mobile application or other Yoga Health Life product or service on any computer, mobile phone, tablet, console or other device (collectively, “Device”), you acknowledge and agree that you have read, understand and agree to be bound by these Terms of Service and any other applicable law, whether or not you are a registered member of Yoga Health Life. You must be at least 18 years old to use this Site or Services. Cool Yoga Pant may change these Terms of Service at any time without notice. When we make changes, we will post them here. Your continued use of the Yoga Health Life Services or enrollment as a Yoga Health Life Member shall be considered your acceptance to the revised Terms of Service. If you do not agree to these Terms of Service, please do not use this Site or any Yoga Health Life Services and immediately cancel your Yoga Health Life Membership by calling one of our customer service representatives at Yoga Health Life.

ELECTRONIC COMMUNICATIONS
When you use any Yoga Health Life Service, or send e-mails to us, you are communicating with us electronically. You consent to receive communications from us electronically. We will communicate with you by e-mail or by posting notices on this Site or through the other Yoga Health Life Services. You agree that all agreements, notices, disclosures and other communications that we provide to you electronically satisfy any legal requirement that such communications be in writing.

SHIPPING

Shipping and handling charges are based on your subtotal order amount, calculated after applicable discounts and before sales tax. Rates are calculated as follows:

Standard Shipping

Subtotal Amount

48 Contiguous
United States

Alaska, Hawaii,
Puerto Rico, APO

Australia

$49.95 and over

FREE
4-7 Business Days

$9.00
7-10 Business Days

$5.95**
(New Member
Courtesy Rate)
$9.95**
7-10 Business Days

Under $49.95

$4.95 Flat Rate
4-7 Business Days

$9.00
7-10 Business Days

$5.95**
(New Member
Courtesy Rate)
$9.95**
7-10 Business Days


Rush Shipping

Subtotal Amount

48 Contiguous
United States

Alaska, Hawaii,
Puerto Rico, APO

Australia

$49.95 and over

$8.95
2-3 Business Days

N/A

N/A

Under $49.95

$8.95
2-3 Business Days

N/A

N/A


*All delivery times above are based on average in-transit time. Orders shipped to Canada, P.O. Boxes and APOs/FPOs do not qualify for Rush Shipping.
**All orders shipped to Australia will incur a flat rate charge of $9.95 USD except for first time orders placed as a new member, which will have a shipping rate charge of $5.95 USD. The shipping charge of $5.95 USD is a one-time courtesy rate for the initial order placed as a new member from Australia only. All other subsequent member orders from Australia will contain a $9.95 USD flat shipping charge.


Please note shipments arriving to Alaska, Hawaii, APO locations or Australia may be subject to longer transit times (up to 30 days) due to the carrier or location of station. At this time, expedited shipping is not available for Alaska, Hawaii, APO locations or Australia. All US orders are shipped FedEx via USPS and your order will be delivered by your local postal carrier. All Australia orders will be shipped via DHL.? 

As soon as your order ships, you will be provided with a tracking number via email. You can also find your order details and tracking information on the Order History tab within the My Account section. 

RETURNS & EXCHANGES
Yoga Health Life strives to provide an amazing shopping experience and superior customer service. If for any reason you are not content with your order, we gladly accept returns and exchanges for US and Canada orders within 30 days from the date of shipment and in new, unused condition with original packaging. Exchanges are not available in Australia, and orders can only be returned. Some items purchased through special promotions may be final sale, and therefore not eligible for exchanges or returns (please refer to promotion disclaimers for the terms of each offer).

Accessories must be returned with all pieces included and intact, and apparel must also be returned unworn, with all tags still attached.

In the US, Yoga Health Life offers 3 easy return options: (1) return for Yoga Health Life membership or store credit for free; (2) exchange for another item for free; (3) return for a refund. Return shipping and handling for non-contiguous US territories, including Alaska, Hawaii, Puerto Rico and APOs, is $9.00.

In Australia, Yoga Health Life offers 2 easy return options: (1) return for Yoga Health Life membership or store credit for free; (2) return for a refund. Exchanges are not offered in Australia. If you would like to exchange an item, please return the item and place a new order. Please note: new orders are subject to standard shipping rates.

Please note that any membership or store credit used to pay for an order will be returned as store credit and will not be eligible for a refund to a credit card. Also, please note reward points associated with the purchase will be deducted from your account if you do choose a refund. Items redeemed through the rewards program are not eligible for returns or exchanges.

Shipping Your Returns/Exchanges
Returns and exchanges are easy! Just print your free return label and return packing slip by visiting the Order History page under My Account.

To make a return or exchange, please follow these steps:

• Send the item back in the original, undamaged box and packaging.

• Attach the pre-paid return shipping label to your shipment and drop it off at any USPS or FedEx location.

RISK OF LOSS/TITLE
The risk of loss and title for products purchased on the Site or through the Yoga Health Life Services passes to the purchaser upon our delivery to the carrier. Replacement of products and credits to your account for shipped merchandise claimed as not received are subject to our investigation. We will adjust your account at our discretion. Yoga Health Life does not take title to returned items until the item arrives at our fulfillment center. At our discretion, a refund may be issued without requiring a return. In this situation, Yoga Health Life does not take title to the refunded item.

PAYMENT INFORMATION
To make purchases through the Yoga Health Life Services or to become a Yoga Health Life you must submit credit card information. You represent and warrant to Yoga Health Life that such information is true and that you are authorized to use the payment instrument. You will promptly update your Account information with any changes (for example, a change in your billing address or credit card expiration date) that may occur. You authorize Yoga Health Life to use any updated credit card information submitted by your credit card company directly to Yoga Health Life. If you dispute any charges, you must inform Yoga Health Life within thirty (30) days upon receipt of Yoga Health Life’ invoice. We reserve the right to change Yoga Health Life prices, fees or the number of Member Credits required to purchase items. Your continued use of the Yoga Health Life Services after the price change becomes effective constitutes your agreement to pay the changed amount.

ACCOUNT CONFIDENTIALITY AND ACCESS
You are solely responsible for maintaining the confidentiality of your Account, all activities occurring under your Account and all access to and use of the Yoga Health Life Services by anyone using your Account, whether or not such activities and access are actually authorized by you, including but not limited to all communications, transactions and obligations. You agree to accept responsibility for all activities that occur under your account and password. Yoga Health Life shall not be liable or responsible for any loss or damage arising from any unauthorized use, access or any other breach of security of your Account, including but not limited to your member sign-in password and email address. You acknowledge and accept that your use of the Yoga Health LifeServices is in compliance with these Terms of Service. You further acknowledge and accept that Yoga Health Life shall have no obligation to investigate the authorization or source of any Account activity, including purchase activity following a proper log-in to this Site or any Services, which is defined as a matching and current member sign-in and user password. You shall notify Yoga Health Life immediately of any unauthorized access to your Account or any other unauthorized use of any Yoga Health Life Services.

You agree that Yoga Health Life may, without prior notice, immediately terminate, limit your access to or suspend your Account based on any of the following: (a) breach or violation of these Terms of Service; (b) upon request by law enforcement; (c) unforeseeable technical or security issues or problems; (d) extended periods of inactivity; or (e) fraudulent, deceptive or illegal activity, or any other activity which Yoga Health Life believes is harmful to its business interests; or (f) for no reason. You agree that any termination, limitation of access and/or suspension shall be made in the Yoga Health Life’ sole discretion and that Yoga Health Life shall not be liable to you or any third party for the termination, limitation of access and/or suspension of your Account.

PROHIBITED USES
Any and all Yoga Health Life Services may be used only for lawful purposes and are available only for your personal, noncommercial use, which shall be limited to viewing this Site, purchasing products, providing information to Yoga Health Life, and downloading product information for your personal review. You are responsible for your own communications, including the transmission, posting, and uploading of information and are responsible for the consequences of such communications. Yoga Health Life specifically prohibits any use of the Yoga Health Life Service, and requires all users to agree not to use the Yoga Health Life Services, for any of the following:

• Posting any information which is incomplete, false, inaccurate or not your own;

• Creating multiple accounts for the same user;

• Accessing data not intended for you or logging on to a Yoga Health Life server or account, which you are not authorized to access;

• Engaging in conduct that would constitute a criminal offense, giving rise to civil liability or otherwise violate any city, state, national or international law or regulation that would fail to comply with accepted Internet protocol;

• Communicating, transmitting, or posting material that is copyrighted or otherwise owned by a third party unless you are the copyright owner or have the permission of the owner to post it;

• Communicating, transmitting, or posting material that reveals trade secrets, unless you own them or have the permission of the owner;

• Communicating, transmitting, or posting material that infringes on any other intellectual property, privacy or publicity right of another;

• Communicating, transmitting, or transferring (by any means) information or software derived from the site to foreign countries or certain foreign nations in violation of any applicable export control laws; 

• Attempting to interfere in any way with this Site’s network security, or attempting to use this Site’s service to gain unauthorized access to any other computer system; 

• Communicating, transmitting, or posting material that is in violation of applicable laws or regulations;

• Attempting to probe, scan or test the vulnerability of a system or network or to breach security or authentication measures without proper authorization (or succeeding in such an attempt);

• Attempting to interfere or interfering with the operation of this Site, Yoga Health Life’ provision of services to any other visitors to this Site, Yoga Health Life hosting provider or networks, including, without limitation, via means of submitting a virus to this Site, overloading, "flooding", "mailbombing" or "crashing" this Site;

• Forging any TCP/IP packet header or any part of the header information in any e-mail or transmission or posting to this Site.

USER CONTENT
Any and all content, comments, feedback, suggestions, ideas, concepts, photos, questions or other communications (collectively, “User Content”) that you submit or post through any Yoga Health Life Services shall be deemed non-confidential and non-proprietary. By submitting or posting any User Content, you grant to Yoga Health Life and its affiliates a perpetual, irrevocable, royalty-free, worldwide, sublicensable and transferable license to copy, publish, translate, modify, create derivative works from, distribute, reproduce, display, or use the User Content in any commercial or non-commercial manner whatsoever. Yoga Health Life will be free to use any ideas, concepts, know-how or techniques contained in such User Content for any purpose whatsoever, including but not limited to developing, manufacturing and marketing products that incorporate or otherwise rely upon such information. Yoga Health Life shall have no obligation to monitor User Content, use or display User Content, compensate you for submitting User Content, or respond to any User Content. Yoga Health Life retains the right, in its sole discretion and without prior notice, to remove, revise or refuse to post any User Content for any reason or no reason.

By connecting to Yoga Health Life with a third-party service (e.g., Facebook or Twitter), you give us permission to access and use your information from that service as permitted by that service, and to store your log-in credentials for that service. For more information on the types of information we collect from these third-party services, please read our Privacy Policy.

If you utilize your Facebook account to access and use the social features available through the Yoga Health Life Services, you can choose whether or not you wish to share content or information related to your Account on Facebook. You agree that Yoga Health Life is not responsible for any content or information related to your Account once it is shared and posted on Facebook. If you use the Yoga Health Life Services and its social features, you agree to respect other users of the Yoga Health Life Services in your interactions with them. Yoga Health Life reserves the right, in its absolute discretion, to disable your account if it believes that you are violating any term or condition set forth herein.

By submitting User Content, you represent and warrant that the User Content does not (i) contain false or misleading information, (ii) infringe on the intellectual property rights of any third party, (iii) contain any libelous, defamatory, obscene, offensive, threatening or otherwise harassing content, (iv) contain any addresses, email addresses, phone numbers or any contact information, or (v) contain computer viruses, worms or other harmful files. You are solely responsible for the User Content and you hereby agree to indemnify and hold Yoga Health Life and its employees, agents and affiliates harmless from any and all damages, claims, expenses, costs or fees arising from or in connection with a breach of any of the foregoing representations or your violation of any law or rights of a third party.

PRODUCT INFORMATION
Prices, descriptions and availability of products are subject to change without notice. Errors may be corrected when discovered, and Yoga Health Life reserves the right to revoke any stated offer in order to correct any errors or inaccuracies. Although Yoga Health Life has made every effort to display our products and their colors as accurately as possible, the displayed colors of the products depend upon the monitor of the user, and Yoga Health Life cannot guarantee that the user’s monitor will accurately portray the actual colors of the products. Products displayed may be out-of-stock or discontinued, and prices are subject to change. Yoga Health Life is not responsible for typographical errors regarding price or any other matter.

PURCHASE CANCELLATIONS
All orders placed through any Yoga Health Life Services are subject to Yoga Health Life’ acceptance. This means that Yoga Health Life may refuse to accept or may cancel any order, whether or not the order has been confirmed, for any or no reason, and without liability to you or anyone else. If your credit card has already been charged for an order that is later cancelled, Yoga Health Lifewill issue you a refund.

INTELLECTUAL PROPERTY RIGHTS
All content, graphics, text, code and software used on or incorporated into this Site and/or any Yoga Health Life Service, and the arrangement or integration of all such content, graphics, code and software, are subject to copyrights held by or licensed to Yoga Health Life and all rights thereto are specifically reserved. As between you and Yoga Health Life, (or any other company whose marks appear on any of the Yoga Health Life Services), Yoga Health Life (or the respective company) is the owner and/or authorized user of any registered or unregistered trademark, trade name and/or service mark appearing on any of the Yoga Health Life Services, and is the copyright owner or licensee of the materials and content contained therein, unless otherwise indicated. The Yoga Health Life logos, designs, titles, phrases, product names, photographs, images, videos and content and the copyrights, trademarks, service marks, trade dress and/or other intellectual property in such materials (collectively, “ Intellectual Property”) are owned by Yoga Health Life and may be registered in the United States and internationally. You agree not to display or use the Yoga Health Life Intellectual Property in any manner without Yoga Health Life’ prior written permission. Nothing contained on this Site or in any of the Yoga Health Life Services should be construed to grant any license or right to use any Yoga Health Life Intellectual Property without the prior written consent of Yoga Health Life.

Except as otherwise provided herein, use of the Yoga Health Life Services does not grant you a license to any materials, content or features you may access on this Site or via the Yoga Health LifeServices and you may not modify, rent, lease, loan, sell, distribute or create derivative works of such materials and content, features or materials, in whole or in part. Any commercial use of the Yoga Health Life Services is strictly prohibited, except as otherwise approved by us. You may not download or save a copy of any of the materials and content or screens for any purpose except as otherwise provided by Yoga Health Life. If you make use of the Yoga Health Life Services, other than as provided herein, in doing so you may violate copyright and other laws of the United States and/or other countries, as well as applicable state laws, and you may be subject to liability for such unauthorized use. The information contained in the Yoga Health Life Services including, without limitation, all site design, text, graphics, interfaces, and the selection and arrangements is protected by law including, but not limited to, copyright law.

DISCLAIMER OF WARRANTIES; LIMITATION OF LIABILITY
Yoga Health Life publishes information within the Yoga Health Life Services as a convenience to its visitors. While Yoga Health Life attempts to provide accurate and timely information, there may be inadvertent technical or factual inaccuracies and typographical errors. We reserve the right to make corrections and changes to the Yoga Health Life Services at any time without notice. The Yoga Health Life products described in the Yoga Health Life Services may not be available in your region. Yoga Health Life does not claim that the information on this Site is appropriate to your jurisdiction or that the products described in the Yoga Health Life Services will be available for purchase in all jurisdictions.

YOUR USE OF THE YOGA HEALTH LIFE SERVICES ARE AT YOUR SOLE RISK. THE YOGA HEALTH LIFE SERVICES AND THE PRODUCTS OFFERED THROUGH THE YOGA HEALTH LIFE SERVICES ARE PROVIDED ON AN "AS IS" AND "AS AVAILABLE" BASIS AND WITHOUT WARRANTIES OF ANY KIND, WHETHER EXPRESS OR IMPLIED.

TO THE FULLEST EXTENT PERMITTED BY APPLICABLE LAW, YOGA HEALTH LIFE DISCLAIMS ALL WARRANTIES, EXPRESS OR IMPLIED, INCLUDING BUT NOT LIMITED TO, IMPLIED WARRANTIES OF MERCHANT ABILITY AND FITNESS FOR A PARTICULAR PURPOSE AND NON-INFRINGEMENT.

YOGA HEALTH LIFE MAKES NO REPRESENTATIONS OR WARRANTIES OF ANY KIND, EXPRESS OR IMPLIED, THAT THE OPERATION OF THIS SITE OR ANY OF THE YOGA HEALTH LIFE SERVICES WILL BE UNINTERRUPTED OR ERROR-FREE, THAT ANY DEFECTS WILL BE CORRECTED, OR THAT THE SITE OR THE SERVER THAT MAKES THE SITE AVAILABLE ARE FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS, OR AS TO THE INFORMATION, CONTENT, MATERIALS, PRODUCTS OR SERVICES INCLUDED ON OR OTHERWISE MADE AVAILABLE TO YOU THROUGH THIS SITE, OR ANY OF THE YOGA HEALTH LIFE SERVICES, IN TERMS OF THEIR CORRECTNESS, ACCURACY, ADEQUACY, USEFULNESS, TIMELINESS, RELIABILITY OR OTHERWISE, UNLESS OTHERWISE SPECIFIED IN WRITING.

YOGA HEALTH LIFE SHALL NOT BE LIABLE FOR ANY DAMAGES OF ANY KIND ARISING FROM THE USE OF, OR THE INABILITY TO USE, THIS SITE OR THE YOGA HEALTH LIFE SERVICES OR FROM ANY INFORMATION, CONTENT, MATERIALS, PRODUCTS OR SERVICES INCLUDED ON OR OTHERWISE MADE AVAILABLE TO YOU THROUGH YOGA HEALTH LIFE, INCLUDING, BUT NOT LIMITED TO DIRECT, INDIRECT, INCIDENTAL, SPECIAL, PUNITIVE AND CONSEQUENTIAL DAMAGES, EVEN IF YOGA HEALTH LIFE HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.

YOGA HEALTH LIFE SHALL NOT BE LIABLE FOR ANY DAMAGES OF ANY KIND ARISING FROM THE USE OF THIS SITE OR THE YOGA HEALTH LIFE SERVICES ISSUED AGAINST YOU BY THIRD PARTY FINANCIAL INSTITUTIONS SUCH AS BANKS OR CREDIT CARD COMPANIES. YOGA HEALTH LIFE SHALL NOT BE LIABLE FOR ANY OVERDRAFT, LATE OR ANY OTHER CHARGES ISSUED AGAINST YOU BY A BANK OR CREDIT CARD.

CERTAIN STATE LAWS MAY NOT ALLOW LIMITATIONS ON IMPLIED WARRANTIES OR THE EXCLUSION OR LIMITATION OF CERTAIN DAMAGES. IF THESE LAWS APPLY TO YOU, SOME OR ALL OF THE ABOVE DISCLAIMERS, EXCLUSIONS OR LIMITATIONS MAY NOT APPLY TO YOU AND YOU MAY HAVE ADDITIONAL RIGHTS.

IF YOU ARE DISSATISFIED WITH ANY PORTION OF THE YOGA HEALTH LIFE SERVICES, OR WITH ANY OF THESE TERMS OF SERVICE, YOUR SOLE AND EXCLUSIVE REMEDY IS TO DISCONTINUE USE OF THE YOGA HEALTH LIFE SERVICES. IF A PRODUCT OFFERED THROUGH THE YOGA HEALTH LIFE SERVICES IS NOT AS DESCRIBED, YOUR SOLE REMEDY IS TO RETURN IT IN ACCORDANCE WITH THE RETURN POLICY SET FORTH IN DETAIL IN THESE TERMS OF SERVICE.

Yoga Health Life makes no warranties of any kind regarding any third party sites to which you may be directed or hyperlinked from the Yoga Health Life Services. Hyperlinks are included solely for your convenience, and Yoga Health Life makes no representations or warranties with regard to the accuracy, availability, suitability or safety of information provided in such third party sites. Yoga Health Life does not endorse, warrant or guarantee any products or services offered or provided by or on behalf of third parties through the Yoga Health Life Services.

INDEMNITY AND RELEASE
You agree to indemnify and hold Yoga Health Life and its parent, subsidiaries, affiliates, officers, agents and employees harmless from any and all liabilities, claims, demands, actions, suits, losses, obligations, judgments, proceedings, damages, expenses and costs (including reasonable attorneys' fees), based upon, arising from or related to (a) information or content submitted, transmitted or otherwise made available on or through the Yoga Health Life Services by you or any other person accessing the Yoga Health Life Services using your Account; (b) the use of, or connection to, the Yoga Health Life Services by you or any other person accessing this Site using your Account (including negligent or wrongful conduct); or (c) your breach or attempted breach of these Terms of Service.

DISPUTES AND DISPUTE RESOLUTION
GOVERNING LAW
Use of the Yoga Health Life Services, membership in the Yoga Health Life Membership Program, any purchases made through the Yoga Health Life Services, and any controversy, claim or dispute arising out of or relating in any way to your use of the Yoga Health Life Services, your membership in or purchases through the Yoga Health Life Services, Yoga Health Life Membership Program and/or your Account, or products purchased through the Yoga Health Life Services shall be governed by the laws of your home state of residence without respect to its choice (or conflict) of laws rules.

Any claim or cause of action you may have with respect to Yoga Health Life or the Yoga Health Life Services must be commenced within one (1) year after the claim or cause of action arose.

CLASS ACTION WAIVER
Both you and Yoga Health Life waive the right to bring any controversy, claim or dispute arising out of or relating in any way to your use of the Yoga Health Life Services, your membership in or purchases through the Yoga Health Life Membership Program and/or your Account, or products purchased through the Yoga Health Life Services as a class, consolidated, representative, collective, or private attorney general action, or to participate in a class, consolidated, representative, collective, or private attorney general action regarding any such claim brought by anyone else. (This waiver, and the similar waiver specified for arbitration proceedings, are generally referred to herein as "the class action waiver.")

AGREEMENT TO PRE-ARBITRATION NOTIFICATION
These Terms of Service provide for final, binding arbitration of all disputed claims (discussed immediately below). Yoga Health Life and you agree, however, that it would be advantageous to discuss and hopefully resolve any disputes before arbitration proceedings or any other proceedings authorized herein are initiated. In the event of a dispute, the claimant whether you or Yoga Health Life shall send a letter to the other side briefly summarizing the claim and the request for relief. If Yoga Health Life is the claimant, the letter shall be sent, via email, to the email account listed in your Account. If you are the claimant, the letter shall be sent to Yoga Health Life. If the dispute is not resolved within 60 days after the letter is sent, the claimant may proceed to initiate arbitration proceedings or any other proceedings authorized herein.

APPEAL RIGHTS
The arbitrator(s) shall not have the power to commit errors of law or legal reasoning, make clearly erroneous factual findings, or abuse his or her discretion, and the award may be vacated or corrected on appeal to a court of competent jurisdiction for any such error.

OPTING-OUT OF DISPUTE RESOLUTION PROCEDURE AND CLASS ACTION WAIVER
You may elect to opt out (exclude yourself) from the final, binding arbitration procedure and the class action waiver specified in these Terms of Service by doing the following: within 15 days of setting up your Account, you must send a letter to Yoga Health Life, LLC., (1) your name, (2) your account number or account member name, (3) your mailing address, and (4) your request to be excluded from the final, binding arbitration procedure and class action waiver specified in these Terms of Service. All other Terms shall continue to apply to your Account, including the requirement to participate in pre-dispute mediation. Notwithstanding any provision in these Terms of Service to the contrary, we agree that, if Yoga Health Life makes any future change to the dispute resolution procedure and class action waiver provisions (other than a change to Yoga Health Life' address), you may reject any such change by sending a letter to Yoga Health Life within 15 days of the change to the address provided above. By rejecting any future change, you are agreeing that you will arbitrate any dispute between us in accordance with the language of this provision. Your letter must be postmarked by the applicable 15-day deadline to be effective. You are not required to send the letter by confirmed mail or return receipt requested, but it is recommended that you do so. Your request to be excluded will only be effective and enforceable if you can prove that the request was postmarked within the applicable 15-day deadline.

OPTING-OUT OF DISPUTE RESOLUTION PROCEDURE AND CLASS ACTION WAIVER
You may elect to opt out (exclude yourself) from the final, binding arbitration procedure and the class action waiver specified in these Terms of Service by doing the following: within 15 days of setting up your Account, you must send a letter to Yoga Health Life, that specifies (1) your name, (2) your account number or account member name, (3) your mailing address, and (4) your request to be excluded from the final, binding arbitration procedure and class action waiver specified in these Terms of Service. All other Terms shall continue to apply to your Account, including the requirement to participate in pre-dispute mediation. Notwithstanding any provision in these Terms of Service to the contrary, we agree that, if Yoga Health Life makes any future change to the dispute resolution procedure and class action waiver provisions (other than a change to Yoga Health Life' address), you may reject any such change by sending a letter to Yoga Health Life within 15 days of the change to the address provided above. By rejecting any future change, you are agreeing that you will arbitrate any dispute between us in accordance with the language of this provision. Your letter must be postmarked by the applicable 15-day deadline to be effective. You are not required to send the letter by confirmed mail or return receipt requested, but it is recommended that you do so. Your request to be excluded will only be effective and enforceable if you can prove that the request was postmarked within the applicable 15-day deadline.

GENERAL INFORMATION
These Terms of Service constitute the entire agreement between you and Yoga Health Life and govern your use of the Yoga Health Life Services, and they supersede any prior agreements between you and Yoga Health Life. You also may be subject to additional terms and conditions that are applicable to certain parts of the Yoga Health Life Services. Yoga Health Life may terminate this Agreement and deny you access to the Yoga Health Life Services at any time, immediately and without notice, if in Yoga Health Life' sole discretion you fail to comply with any provision of these Terms of Service.

You agree that no joint venture, partnership, employment, or agency relationship exists between Yoga Health Life and you as a result of this Agreement or your use of the Yoga Health Life Services.

The failure of Yoga Health Life to exercise or enforce any right or provision of these Terms of Service shall not constitute a waiver of such right or provision. The invalidity of any term, condition or provision in these Terms of Service shall not affect the enforce ability of those portions of the Terms deemed enforceable by applicable courts of law.

You may not assign the Terms or any of your rights or obligations under the Terms without Yoga Health Life' express written consent. The Terms inure to the benefit of Yoga Health Life' successors, assigns and licensees. The section titles in these Terms of Service are for convenience only and have no legal or contractual effect.