Terms & Conditions

BreathePower Terms and Conditions (Terms of Use)
Updated on 20 January 2024

Acceptance of Terms of Use

We welcome you to BreathePower Yoga, Naperville, Illinois, owned and operated by BreathePower LLC (referred to hereunder as “BreathePower Yoga”, “BreathePower LLC”, “we,” “us,” and “our”). Please read through these Terms of Use carefully.

BreathePower Yoga offers yoga classes, instruction, exercises, consultations, and other programs, events, and activities provided, offered, conducted or organized by or through BreathePower LLC, whether at BreathePower LLC’s studio, in-person, online, live, recorded, or otherwise in any form whatsoever (collectively, with all related activities, are referred to hereunder as the “Services”).

This is a binding Agreement that governs use and access of BreathePower Yoga’s website (https://www.breathepoweryoga.net/) or any other website that is owned and controlled by BreathePower LLC (the “Website”), any website or mobile application used by BreathePower LLC to provide the Services (whether available on Apple/iTunes/App Store or the Google Play Store,) (collectively referred to as “App”), text messaging platform(s) used by BreathePower Yoga (“Text Platform”) and any of the Services offered by BreathePower Yoga.

By accessing or using the Website, App, or any Services provided by BreathePower Yoga, you agree to abide by these Terms of Use, as they may be amended by BreathePower Yoga from time to time in its sole discretion. BreathePower Yoga will post a notice on the Website any time these Terms of Use have been changed or otherwise updated. It is your responsibility to review these Terms of Use periodically, and if at any time you find these Terms of Use unacceptable, you must immediately leave the Website and the App and cease all access and use of the Website, the App or any Services.

If you do not agree to any of the Terms of Use contained herein, you are requested to not access or use the Services, Website, or App in any manner whatsoever. BreathePower Yoga reserves the right to terminate your use of the Services, App or Website if you do not agree to or follow these Terms of Use.

Eligibility

SINCE THE TERMS OF USE APPLY TO EVERYBODY WHO USES THE WEBSITE, SERVICES, APPS WHERE OR THROUGH WHICH OUR SERVICES ARE OFFERED, YOU HAVE TO BE AT LEAST 18 YEARS OLD AND

COMPETENT TO ENTER INTO A LEGALLY BINDING AGREEMENT(S) UNDER APPLICABLE LAW AND NOT IN ANY WAY PROHIBITED BY THE APPLICABLE LAW TO ENTER INTO THESE TERMS OF USER. IN CASE OF SERVICES HEREUNDER ARE FOR THOSE WHO HAVE NOT ATTAINED THE AGE OF 18 YEARS, THESE TERMS OF USE WILL LEGALLY BIND THE PARENT OR GUARDIAN OF SUCH MINORS WHO USE THE SERVICES UPON EXPRESS CONSENT GIVEN BY THE PARENT OR GUARDIAN. YOU AGREE THAT BY USING THE SERVICE YOU REPRESENT THAT YOU ARE AT LEAST 18 YEARS OLD AND THAT YOU ARE LEGALLY ABLE TO ENTER INTO THIS AGREEMENT.

By installing, accessing, or using the Website, App or any Services provided by us, you represent that you (a) are at least eighteen (18) years of age or the age of majority in your place of residence; or (b) if signing up for someone who is under 18 (eighteen) years of age, he/she is under your supervision as a parent or legal guardian and you are bound by these Terms of Use; and (c) are not located in a country that is subject to a U.S. government embargo, and/or (d) have not been listed on any U.S. government list of prohibited or restricted parties.

Your Compliance with Laws

Since the Services made available by BreathePower Yoga virtually may be accessed through Website or Apps, it is your responsibility to abide by all applicable local, state, provincial, national, and international laws, and regulations with respect to your use of the Website, App and Services. If the use of the Services may be unauthorized in certain jurisdiction, where all or any portion of the Services may violate any legal requirements, You agree not to access the Services in any such jurisdiction. You are responsible for compliance with laws applicable to where you are situated at any point of time. Please note use of these Services in contravention of this provision or any provision of these Terms of Use shall be at your own risk.

You also agree not to interfere with (a) the use and enjoyment of these Services by other users, and (b) our operation or management of the Services.

Our Privacy Policy

BreathePower Yoga respects your privacy and permits you to control the treatment of your personal information. BreathePower Yoga’s current privacy policy can be found on this Website (at the link https://www.breathepoweryoga.net/services-7) BreathePower Yoga’s privacy policy is expressly incorporated into this Agreement by this reference. By accessing or using BreathePower Yoga and agreeing to the Terms of Use, you also agree to BreathePower Yoga’s Privacy Policy.

All personal information provided to us as a result of your use of the Services will be handled in accordance with our BreathePower Yoga Privacy Policy. To the extent that there are inconsistencies between these Terms of Use and our Privacy Policy, these Terms of Use shall control.

You may also be asked to provide a username and password for online registrations. You are entirely responsible for maintaining the confidentiality of your username, password and account information provided at the time of registration. You may be held liable for any losses or damages incurred by BreathePower Yoga, its affiliates, employees, consultants, agents, and representatives due to someone else’s use of your account or password. You agree to notify BreathePower Yoga immediately on any unauthorized use of your account, username, or password. You agree that BreathePower Yoga shall not be liable for any loss or damage that you may incur as a result of someone else using your password, either with or without your knowledge. You may not use the account, username, or password of someone else at any time.

Your Consent to Other Agreements

Your availing of any Service provided by a BreathePower Yoga, may be subject to execution of additional agreements, documents, waivers, or releases at our sole discretion, which shall be supplemental to these Terms of Use and not modify or vary the Terms of Use herein in any manner. These may include Release, Waiver of Liability, Assumption of Risk, and Indemnity Agreement in case of participants under 18 years of age. In the event of any conflict between these Terms of Use and such additional terms or agreements as determined by BreathePower Yoga in its sole discretion, these Terms of Use shall control.

User Content

We may provide user comment areas, chat rooms, message boards, interactive user communities, or other areas (“Community Forums”) where users can interact with others and with us, as well as have the opportunity to submit text, photographs, images, illustrations, graphics, sounds, video, audio-video clips, content, works of authorship, documents, data, questions, comments, suggestions, or other content, any of which may include personal information (collectively, “User-Generated Content”).

You are responsible for User-Generated Content that you post. Under no circumstances will we be liable in any way for any User-Generated Content. This means that you, not BreathePower LLC, are entirely responsible for all User-Generated Content that you post and that you can be held personally liable for comments that are defamatory, obscene, or libellous, or that violate these Terms of Use, an obligation of confidentiality, or the rights of others.

If any part of the User-Generated Content you post is not your original work, you acknowledge and agree that it is your sole and exclusive responsibility to obtain any necessary consents, permissions, and licenses to post, upload, or otherwise make it available on or through the Services.

The User-Generated Content posted on or through the Community Forums expresses the personal opinions of the individuals who posted it and does not necessarily reflect the views of BreathePower LLC or any person or entity associated with BreathePower LLC. We are not liable for any loss or damage of any kind you may claim was incurred as a result of the use of any User-Generated Content posted, emailed, transmitted, or otherwise made available on or through the Services. You warrant and represent that you own the rights to the User-Generated Content or are otherwise authorized to post, distribute, display, perform, transmit, or otherwise distribute User-Generated Content. BreathePower LLC is not obligated to post, keep, or use your User-Generated Content

By posting, downloading, displaying, performing, transmitting, or otherwise distributing information or other content to the Website, App, Service or Text Platform, you are granting BreathePower LLC, its affiliates, officers, directors, employees, consultants, agents, and representatives a license to use the said content in connection with the operation of BreathePower LLC’s online presence, whether by BreathePower LLC or its affiliates, officers, directors, employees, consultants, agents, and representatives, including without limitation, a right to copy, distribute, transmit, publicly display, publicly perform, reproduce, edit, translate, and reformat User Content.

For clarity and without limiting the foregoing, BreathePower LLC has no obligation to (i) obtain any additional consent from you in connection with its use or other exploitation of any of your User-Generated Content; (ii) to notify you in connection with the use or exploitation of the User-Generated Content; and/or (iii) compensate you in any way in connection with the use or exploitation of the User-Generated Content.

BreathePower LLC may also, with your prior consent, capture photographs, pictures, makes videos and audio reels in various classes, feedback and other sessions, and other activities related to the Services, with or without other employees, instructors, teachers and students present at those times, for our publications and online presence, whether on social, print, and electronic media (“User Content”). We respect each person’s privacy and hence if anyone has any objection to be captured in the frame of the photograph or to recording or the video, please feel free to step aside/outside of the camera frame and/or inform the respective coordinator at the in-person location or BreathePower Yoga’s studio. You grant BreathePower LLC a license to use such User Content. You shall not be compensated for any User Content. BreathePower LLC may publish or otherwise disclose your name in connection with your User Content. We

respect each person’s privacy and hence if anyone has any objection to publishing of their personal User Content, please contact us at breathepower@yahoo.com or BreathePower Yoga’s studio.

Compliance With Intellectual Property Laws.

The Services, including all of the text, photographs, images, illustrations, graphics, sound recordings, video and audio-video clips, literary property, works of authorship and/or other information, documents, materials, or content available on or through the Website or the Services (“Content”), unless otherwise attributed to another by BreathePower LLC, are protected under applicable intellectual property and other laws, including without limitation the laws of the United States, Canada, and any other jurisdictions from which you are able to access or use the Services or in which the Services are available.

All Content and intellectual property rights in and to the Content are the property of BreathePower LLC or the material is included with the permission of the rights owner and is protected pursuant to applicable copyright and trademark laws. All rights not expressly granted are reserved.

You agree not to reverse engineer, decompile, reverse assemble, modify, or attempt to discover any source code that we use or create to generate the Services or any software or other products or processes accessible through the Services.

You further agree that, in accessing and using our Content as permitted by these Terms of Use, you will keep intact any copyright or other proprietary notices on the Services and/or Content. You also agree that you will neither (a) use any robot, spider, rover, scraper, or any other data-mining technology or automatic or manual process to monitor, cache, mask, extract data from, copy or distribute the Content (except as may be a result of standard search engine or Internet browser usage); nor (b) modify, provide access to, frame, reproduce, archive, sell, lease, rent, exchange, create derivative works from, publish by hard copy or electronic means, publicly perform, display, disseminate, distribute, broadcast, retransmit, circulate to any third party or on any third-party website, or otherwise use the Content in any way except as specifically permitted by these Terms of Use or otherwise in writing by BreathePower LLC. You agree not to allow or assist any third party in violating or attempting to violate any of the above restrictions or prohibitions, whether or not for your benefit.

When accessing the Website, App or using the Service, you agree to obey the law and to respect the intellectual property rights of others. Your use of the Service and the Website or App is at all times governed by and subject to laws regarding copyright ownership and use of intellectual property. You agree not to upload, download, display,

perform, transmit, or otherwise distribute any Content in violation of any copyrights, trademarks, or other intellectual property or proprietary rights.

You agree to abide by laws regarding copyright ownership and use of intellectual property, and you shall be solely responsible for any violations of any relevant laws and for any infringements caused by any Content you provide or transmit, or that is provided or transmitted using your User ID. The burden of proving that any Content does not violate any laws or third-party rights rests solely with you.

Trademarks

The BreathePower LLC names and logos, all product and service names, all graphics, all button icons, and all trademarks, service marks and logos appearing within the Services, unless otherwise noted, are trademarks (whether registered or not), service marks and/or trade dress of BreathePower Yoga (the “BreathePower Yoga Marks”). All other trademarks, product names, company names, logos, service marks and/or trade dress mentioned, displayed, cited, or otherwise indicated within the Services are the property of their respective owners. You are not authorized to display or use the BreathePower Yoga Marks in any manner without our prior written permission. You are not authorized to display or use trademarks, product names, company names, logos, service marks and/or trade dress of other owners featured within the Services without the prior written permission of such owners. The use or misuse of the BreathePower Yoga Marks or other trademarks, product names, company names, logos, service marks and/or trade dress or any other materials contained herein, except as permitted herein, is expressly prohibited.

Your Feedback

Although we do not claim ownership of User-Generated Content you post using the Services, any Content you submit on or through the Services that is specifically about how we can improve the Services and the products and services we make available through the Services (“Feedback”) will be and remain our exclusive property. Your submission of Feedback will constitute an assignment to us of all worldwide rights, title, and interests in your Feedback, including all copyrights and other intellectual property rights in your Feedback. We will be entitled to reduce to practice, exploit, make, use, copy, disclose, display, or perform publicly, distribute, improve, and modify any Feedback you submit for any purpose whatsoever, without restriction and without compensating you in any way. For this reason, we ask that you not send us any Feedback that you do not wish to assign to us.

To the extent that the ownership of the Feedback does not by operation of law vest in BreathePower LLC, you agree to irrevocably and unconditionally assign, transfer, and convey to BreathePower LLC, free and clear of any security interests, encumbrances, adverse claims or demands, your entire right, title, and interest throughout the universe in and to the Feedback, including any and all rights that may exist, now or in the future, under the law of copyright, trademark, patent, industrial design, trade secret, or other intellectual property laws of any jurisdiction. Whenever requested to do so, you agree to assist us and our designees to secure our rights in the Feedback and related intellectual property rights in all countries. Your obligation to provide such assistance and execution will continue in perpetuity. You agree to further absolutely, irrevocably, and unconditionally waive in favor of BreathePower LLC any and all moral rights (or other similar rights) that you and your successors or assigns may enjoy, now or in the future, throughout the world, in relation to the Feedback.

Inappropriate Content.

You shall not make the following types of content available. You agree not to upload, download, display, perform, transmit, or otherwise distribute any content that (a) is libelous, defamatory, obscene, pornographic, abusive, or threatening; (b) advocates or encourages conduct that could constitute a criminal offense, give rise to civil liability, or otherwise violate any applicable local, state, national, or foreign law or regulation; or (c) advertises or otherwise solicits funds or is a solicitation for goods or services. BreathePower LLC reserves the right to terminate your receipt, transmission, or other distribution of any such material using the Service, and, if applicable, to delete any such material from its servers. BreathePower LLC intends to cooperate fully with any law enforcement officials or agencies in the investigation of any violation of these Terms of Use or of any applicable laws.

Registration and Account Creation

BreathePower LLC may require that you register and/or set up an account to access or use the Services. While decision to provide some of the information to register may be yours being voluntary, however, there may be certain information which are mandatory for registration for the Services. By accepting the Terms of User you agree to providing such information (whether mandatory or voluntary) of your own free will.

Please be advised that if you elect not to provide the required information, you may not be able to access or use certain Services or gain benefits of related materials or features. When you provide information to us, you agree to provide only true, accurate, current,

and complete information and to update it as necessary to maintain its truth and accuracy.

With respect to any registration or account-creation feature you use, you agree to: (a) create only one account; (b) provide accurate, truthful, current, and complete information when creating your account; (c) maintain and promptly update your account information; (d) help maintain the security of your account by not sharing your user name or password with others and by restricting access to your account and the device(s) from which you access your account; and (e) promptly notify BreathePower Yoga if you discover or otherwise suspect any security breaches relating to the Services. Your username and password are for your personal use only. If you use the Services, you may not authorize others to use your registration information or account, and you are responsible for your use and disclosure of the same.

YOU ARE ENTIRELY RESPONSIBLE FOR MAINTAINING THE CONFIDENTIALITY OF YOUR USERNAME AND PASSWORD AND FOR ANY AND ALL ACTIVITIES (INCLUDING PURCHASES AND CHARGES, AS APPLICABLE) THAT ARE CONDUCTED THROUGH YOUR ACCOUNT.

WE HEREBY DISCLAIM ANY AND ALL RESPONSIBILITY OR LIABILITY FOR ANY UNAUTHORIZED USE OF YOUR ACCOUNT.

Booking of Services of BreathePower LLC

The Website, App or the Services may have a calendar listed and you may be allowed to book Services provided by BreathePower LLC on scheduled dates and times. You understand that Services are based on availability at BreathePower LLC from time to time. Services schedule may be changed from time to time and the calendar may at times not accurately display the schedule of classes.

Services booked by you on certain dates and time may also be cancelled by BreathePower LLC for reasons including: (a) restriction on the slots available for the Services for the scheduled date and time; (b) technical issues that may arise; (c) inaccuracies or errors in available Services announcements; (d) non-payment for Services; (e) inclement weather conditions and / or forecasts; (f) pre-announced holidays or breaks from schedule; (g) unavailability of BreathePower LLC employees; (g) Service restriction mandated by local, provincial, national, or international regulations; and (h) problems identified by credit / fraud groups. For avoidance of doubt, we reserve the right to limit the slots available for any Service, and at our sole discretion the right at any time to reject, correct, cancel, or terminate any Service booking for any reason whatsoever, with prior intimation. We will contact you if all or

any portion of your booking is cancelled or if additional information is required to accept your booking.

Although we will endeavour to provide you with the most accurate information regarding our Services, typographical errors may occur, including in respect of pricing. In the event that a Service item is listed at an incorrect price or with incorrect information due to an error in pricing or Service information, we reserve the right to correct or cancel an order at any time, and/or edit an order to reflect the correction, and/or correct the error on the Services.

Subject to applicable laws, we may amend the Services, as well as the products listed through the Services, and/or the amounts that we charge for same at any time, without prior notice.

Payment

All plans or subscriptions to Services that BreathePower Yoga may have from time to time are non-refundable, non-cancellable and non-transferable.

The prices displayed on the Website and the App are quoted in U.S. dollars only. All Fees are to be paid in advance, whether for monthly, quarterly or annual subscriptions or any other Services. Fees for any products do not include any applicable sales, use, excise, value-added, or other taxes or governmental charges, and if required you shall be responsible for, and shall promptly pay the same directly to the authorities. For clarity, and without limiting the foregoing, you acknowledge and agree that you are solely responsible for the payment of all taxes and duties in connection with your purchase of any Services on or through the Website and the App.

Recurring Billing, Auto-Renewal Subscription, Refund Policy and Cancellation.

By providing a credit card, internet banking, debit card or any other payment method accepted by BreathePower LLC (“Payment Method”) for your BreathePower LLC monthly, quarterly or annual subscription, you are expressly agreeing that we are authorized to charge you to the Payment Method a monthly, quarterly or annual subscription fee, and any applicable taxes in connection with your use of the Website, App or Services. You are responsible for any costs you incur to access the internet.

You agree that you are solely responsible to cancel your auto-renewal subscription on time (at least 1 (one) week prior to your next billing cycle) by notifying BreathePower Yoga via email to breathepower@yahoo.com to avoid any future

auto-recurring payments to your credit card. Cancellations can only be made effective by way of notification to BreathePower Yoga in this manner.

As used in these Terms of Use, “billing” shall indicate either a charge or debit, as applicable, against your Payment Method. The subscription fee will be billed at the beginning of your subscription or expiration of your free trial period, if any, whichever is earlier, and on each monthly, quarterly or annual renewal thereafter unless and until you cancel your subscription by notifying Us, or the account or service is otherwise suspended or discontinued pursuant to these Terms of User.

We automatically bill your Payment Method each month, quarter or year on the calendar day corresponding to the commencement of your subscription (each such month, a “Monthly Period”, each such quarter a “Quarterly Period” and each such year, an “Annual Period”). Your subscription will continue in effect on a month-to-month, quarter-to-quarter or year-to-year basis unless and until you cancel your subscription by notifying Us, or the account or service is otherwise suspended or discontinued pursuant to these Terms. You must cancel your subscription by notifying Us as stated above at least 1 (one) week before it renews each Monthly Period, Quarterly Period or Annual Period in order to avoid the next billing cycle. We will bill the monthly subscription fee, quarterly subscription fee or annual subscription fee plus any applicable taxes to the Payment Method you provide to us during registration (or to a different Payment Method if you change your account information). If you cancel your subscription (as stated above), cancellation will be effective at the end of the current Monthly Period, Quarterly Period or Annual Period – this means that you will have continued access to the Website, App or our Services you have subscribed to for the remainder of that period, but you will not receive a refund.

You understand that the subscriptions for any period are non-cancellable and non- refundable. Therefore, no refunds or partial refunds will be issued to your account or credit card for any period of subscription.

By signing up and agreeing to the terms of the subscription with BreathePower LLC

you agree that it is your sole responsibility to cancel your auto-renewal subscription on time by notifying Us if you don’t want to incur future charges. If you forget to cancel your auto-renewal subscription as provided herein you agree to take full responsibility for the associated costs and fees charged to your credit card. Unless you cancel by notifying us 1 (one) week before your next billing cycle that you want to cancel or do not want to auto-renew, you understand your membership will automatically continue and you authorize us (without notice to you) to collect the then-applicable membership fee and any taxes, using any eligible payment method we have on record for you.

For any queries relating renewal, cancellation, please contact us at breathepower@yahoo.com or BreathePower Yoga’s studio.

Health Warranty.

You agree and acknowledge that the Services and such physical activities related to yoga instructional classes naturally involves the risk of physical injury. Physical exercise associated with the instructional videos may involve the use of recommended photographs, recorded videos or equipment such as yoga mats, blocks and straps, and you voluntarily assume and accept any risks associated with physical activity related to these Services. You agree that although BreathePower Yoga may make recommendations, it is your responsibility to select the courses and exercises that are appropriate for someone with your level of skill and ability. You agree to hold BreathePower LLC harmless from any harm or injury that may occur from your use of the Services, Website or App.

Your Compliance with BreathPower rules and directions

By registering or using the Services, you agree to observe all rules and directions of BreathePower LLC and the locations (whether in-studio, in person, online or otherwise) at which the Services and related activities are provided or take place. We reserve the right to take any action that we deem appropriate in the exercise of our discretion, including but not limited to suspension or termination of your use of Services or any related activities for violation of BreathePower LLC’s rules and directions.

Alleged Violations.

You agree that BreathePower LLC or its representatives may access your account and records on a case-by-case basis to investigate complaints or allegations of abuse, infringement of third-party rights, or other unauthorized uses of the Website, App or the Service. BreathePower LLC does not intend to disclose the existence or occurrence of such an investigation unless required by law, but BreathePower LLC reserves the right to terminate your account or your access to the Service, Website or App immediately, with or without notice to you, and without liability to you, if BreathePower LLC believes that you have violated any of the Terms of User, furnished BreathePower LLC with false or misleading information, or interfered with use of the

Website, App or the Service by others.

NO WARRANTIES.

BREATHEPOWER LLC HEREBY DISCLAIMS ALL WARRANTIES. BREATHEPOWER LLC IS MAKING THE WEBSITE OR APP AVAILABLE “AS IS” WITHOUT WARRANTY OF ANY KIND. YOU ASSUME THE RISK OF ANY AND ALL DAMAGE OR LOSS FROM USE OF, OR INABILITY TO USE, THE WEBSITE, APP OR THE SERVICE. TO THE MAXIMUM EXTENT PERMITTED BY LAW, BREATHEPOWER LLC EXPRESSLY DISCLAIMS ANY AND ALL WARRANTIES, EXPRESS OR IMPLIED, REGARDING THE WEBSITE, APP OR SERVICES, INCLUDING, BUT NOT LIMITED TO, ANY IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, OR NON-INFRINGEMENT. BREATHEPOWER LLC DOES NOT

WARRANT THAT THE WEBSITE, APP OR THE SERVICE WILL MEET YOUR REQUIREMENTS OR THAT THE OPERATION OF THE WEBSITE, APP OR THE SERVICE WILL BE UNINTERRUPTED OR ERROR-FREE.

DISCLAIMERS

WE MAKE NO REPRESENTATIONS OR WARRANTIES WITH RESPECT TO THE SERVICES OR THEIR CONTENT, OR ANY PRODUCT OR SERVICE AVAILABLE ON OR PROMOTED THROUGH THE SERVICES. THE SERVICES AND ALL OF THEIR CONTENT (INCLUDING USER-GENERATED CONTENT) ARE PROVIDED ON AN “AS IS,” “AS AVAILABLE” BASIS, WITHOUT REPRESENTATIONS OR WARRANTIES OF ANY KIND. TO THE FULLEST EXTENT PERMITTED BY LAW, BREATHEPOWER YOGA, AND ANY OF ITS AFFILIATES AND SUBSIDIARIES, DIVISIONS, JOINT VENTURES, LICENSORS, AND THIRD-PARTY SERVICE OR CONTENT PROVIDERS AND EACH OF THEIR EMPLOYEES, OFFICERS, DIRECTORS, MEMBERS, MANAGERS, AND AGENTS (“BREATHEPOWER YOGA AFFILIATES”) DISCLAIM ANY AND ALL REPRESENTATIONS AND WARRANTIES, WHETHER EXPRESS, IMPLIED, ARISING BY STATUTE, CUSTOM, COURSE OF DEALING, COURSE OF PERFORMANCE OR IN ANY OTHER WAY, WITH RESPECT TO THE SERVICES, THEIR CONTENT, AND ANY PRODUCTS OR SERVICES AVAILABLE OR PROMOTED THROUGH THE SERVICES. WITHOUT LIMITING THE GENERALITY OF THE FOREGOING, BREATHEPOWER YOGA AND THE BREATHEPOWER YOGA AFFILIATES DISCLAIM ALL REPRESENTATIONS AND WARRANTIES (A) OF TITLE, NON-INFRINGEMENT, MERCHANTABILITY, AND FITNESS FOR A PARTICULAR PURPOSE; (B) RELATING TO THE SECURITY OF THE SERVICES; (C) THAT THE CONTENT OF THE SERVICES IS ACCURATE, COMPLETE, OR CURRENT; OR (D) THAT THE SERVICES WILL OPERATE SECURELY OR WITHOUT INTERRUPTION OR ERROR.

WE DO NOT REPRESENT OR WARRANT THAT THE SERVICES, ITS SERVERS, OR ANY TRANSMISSIONS SENT FROM US OR THROUGH THE SERVICES WILL BE FREE OF ANY HARMFUL COMPONENTS (INCLUDING VIRUSES).

BREATHEPOWER YOGA AND THE BREATHEPOWER YOGA AFFILIATES DO NOT ENDORSE AND ARE NOT RESPONSIBLE FOR STATEMENTS, ADVICE, AND OPINIONS MADE BY ANYONE OTHER THAN AUTHORIZED BREATHEWPOWER YOGA SPOKESPERSONS. WE DO NOT ENDORSE AND ARE NOT RESPONSIBLE FOR ANY STATEMENTS, ADVICE, OR OPINIONS CONTAINED IN USER-GENERATED CONTENT, AND SUCH STATEMENTS, ADVICE, AND OPINIONS DO NOT IN ANY WAY REFLECT THE STATEMENTS,

ADVICE, AND OPINIONS OF BREATHEPOWER YOGA. WE DO NOT MAKE ANY REPRESENTATIONS OR WARRANTIES AGAINST THE POSSIBILITY OF DELETION, MIS-DELIVERY, OR FAILURE TO STORE COMMUNICATIONS, PERSONALIZED SETTINGS, OR OTHER DATA. YOU ACCEPT THAT OUR SHAREHOLDERS, OWNERS, OFFICERS, DIRECTORS, EMPLOYEES, AND OTHER REPRESENTATIVES SHALL HAVE THE BENEFIT OF THIS CLAUSE.

APPLICABLE LAW MAY NOT ALLOW THE LIMITATION OF CERTAIN WARRANTIES, SO ALL OR PART OF THIS DISCLAIMER OF WARRANTIES

MAY NOT APPLY TO YOU.

LIMITED LIABILITY.

BREATHEPOWER LLC’S LIABILITY TO YOU IS LIMITED TO THE MAXIMUM EXTENT PERMITTED BY LAW, IN NO EVENT SHALL BREATHEPOWER LLC BE LIABLE FOR DAMAGES OF ANY KIND (INCLUDING, BUT NOT LIMITED TO, SPECIAL, INCIDENTAL, OR CONSEQUENTIAL DAMAGES, LOST PROFITS, OR LOST DATA, REGARDLESS OF THE FORESEEABILITY OF THOSE DAMAGES) ARISING OUT OF OR IN CONNECTION WITH YOUR USE OF THE SITE, APP, SERVICE OR ANY OTHER MATERIALS OR SERVICES PROVIDED TO YOU BY BREATHEPOWER LLC. This limitation shall apply regardless of whether the damages arise out of breach of contract, tort, or any other legal theory or form of action.

YOU ASSUME ALL RESPONSIBILITY AND RISK FOR USE OF THE SERVICES, THE CONTENT, THE USER-GENERATED CONTENT, AND THE PRODUCTS THAT ARE AVAILABLE ON OR THROUGH THE SERVICES OR THAT ARE PROMOTED OR ADVERTISED ON OR THROUGH THE SERVICES.

TO THE FULLEST EXTENT PERMITTED BY APPLICABLE LAWS, BREATHEPOWER YOGA, ON ITS OWN BEHALF AND ON BEHALF OF THE COREPOWER YOGA AFFILIATES, EXCLUDES AND DISCLAIMS LIABILITY FOR ANY LOSSES AND EXPENSES OF WHATEVER NATURE AND HOWSOEVER ARISING INCLUDING, WITHOUT LIMITATION, ANY DIRECT, INDIRECT, GENERAL, SPECIAL, PUNITIVE, INCIDENTAL, OR CONSEQUENTIAL DAMAGES; LOSS OF USE; LOSS OF DATA; LOSS CAUSED BY A VIRUS; LOSS OF INCOME OR PROFIT; LOSS OF OR DAMAGE TO PROPERTY INCLUDING BUT NOT LIMITED TO ITEMS LOST OR STOLEN AT A STUDIO OR EVENT LOCATION; CLAIMS OF THIRD PARTIES; OR OTHER LOSSES OF ANY KIND OR CHARACTER, EVEN IF WE HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES OR LOSSES, ARISING OUT OF OR IN CONNECTION WITH THE USE OF THE SERVICES. YOU ASSUME TOTAL RESPONSIBILITY FOR ESTABLISHING SUCH PROCEDURES FOR DATA

BACK UP AND VIRUS CHECKING AS YOU CONSIDER NECESSARY. THIS LIMITATION OF LIABILITY APPLIES WHETHER THE ALLEGED LIABILITY IS BASED ON CONTRACT, TORT (INCLUDING NEGLIGENCE), STRICT LIABILITY, OR ANY OTHER BASIS.

THIS DISCLAIMER OF LIABILITY APPLIES, WITHOUT LIMITATION, TO DAMAGES THAT RESULT FROM EVENTS BEYOND OUR REASONABLE CONTROL, SUCH AS DAMAGES CAUSED BY ANY FAILURE OF PERFORMANCE, ERROR, OMISSION, INTERRUPTION, DELETION, DEFECT, DELAY IN OPERATION OR TRANSMISSION, VIRUS, COMMUNICATION LINE FAILURE, THEFT OR DESTRUCTION OR UNAUTHORIZED ACCESS TO, ALTERATION OF, OR USE OF ANY RECORD. YOU SPECIFICALLY ACKNOWLEDGE THAT, TO THE FULLEST EXTENT PERMITTED BY APPLICABLE LAW, BREATHEPOWER YOGA AND THE BREATHEPOWER YOGA AFFILIATES ARE NOT LIABLE FOR THE DEFAMATORY, OFFENSIVE, OR ILLEGAL CONDUCT OF OTHER USERS OR THIRD PARTIES, AND THAT THE RISK OF INJURY FROM THE FOREGOING RESTS ENTIRELY WITH YOU.

FOR PARTICIPANTS UNDER 18 YEARS OF AGE:

If you are under 18 years of age, you represent and warrant to BreathePower Yoga that your parent or legal guardian has reviewed these Terms of Use, including the BreathePower Yoga terms and conditions and agrees as follows:

I am the parent or legal guardian of participant; I consent to, join in and approve the Release, Waiver of Liability, Assumption of Risk, and Indemnity Agreement; I will ensure that my child honours his/her obligations hereunder; and I will indemnify and hold Releasees harmless from and against any Losses arising out of or in any way related to (i) this Release, Waiver of Liability, Assumption of Risk, and Indemnity Agreement or the rights granted herein, (ii) my child’s attendance at or participation in any of the Activities, or my child’s attendance at the locations, places and/or buildings at, on or in which the Activities take place, (iii) any breach of the above representations, warranties and agreements, or (iv) any attempt to rescind, limit or disaffirm the foregoing. I hereby expressly approve of my child’s attendance at or participation in any or all of the Activities, and my child’s attendance at the locations, places and/or buildings at, on or in which the Activities take place.

IF ANY PART OF THIS LIMITATION ON LIABILITY IS FOUND TO BE INVALID OR UNENFORCEABLE FOR ANY REASON, THEN THE AGGREGATE

LIABILITY OF THE RELEASED PARTIES FOR LIABILITIES THAT OTHERWISE WOULD HAVE BEEN LIMITED SHALL NOT EXCEED TEN DOLLARS ($10.00).

The Services give you specific legal rights and you may also have other rights which vary from country to country. Some jurisdictions do not allow certain kinds of limitations or exclusions of liability, so the limitations and exclusions set out in these Terms of Use may not apply to you. Other jurisdictions allow limitations and exclusions subject to certain conditions. In such a case, the limitations and exclusions set out in these Terms of Use shall apply to the fullest extent permitted by the laws of such applicable jurisdictions. Your statutory rights as a consumer, if any, are not affected by these provisions, and we do not seek to exclude or limit liability for fraudulent misrepresentation.

AFFILIATED SITES OR APPS.

BreathePower LLC has no control over, and no liability for any third-party websites, apps or materials. BreathePower LLC works with a number of partners and affiliates whose Internet sites or apps may be linked with the Services or Website. Because neither BreathePower LLC nor the Website or App has control over the content and performance of these partner and affiliate sites, BreathePower LLC makes no guarantees about the accuracy, currency, content, or quality of the information provided by such sites or apps, and BreathePower LLC assumes no responsibility for unintended, objectionable, inaccurate, misleading, or unlawful content that may reside on those sites or apps. Similarly, from time to time in connection with your use of the Website or App, you may have access to content items (including, but not limited to, websites and apps) that are owned by third parties. You acknowledge and agree that BreathePower LLC makes no guarantees about, and assumes no responsibility for, the accuracy, currency, content, or quality of this third-party content, and that, unless expressly provided otherwise, these Terms of Use shall govern your use of any and all third-party content.

The Services may provide links to other websites operated by third parties. Because we have no control over third-party websites, we are not responsible for the availability of those websites and do not endorse and are not responsible or liable for any content, advertising, services, products, or other materials on or available from such websites. BreathePower Yoga shall not be responsible or liable, directly, or indirectly, for any damage or loss caused or alleged to be caused by or in connection with the use of or reliance on any content, advertising, services, products, or other materials on or available from such websites. These Terms of Use do not apply to your use of third- party websites; your use of such websites is subject to the terms and policies of the owner of such websites.

Further, functionality on the Services may also permit interactions between the Services and a third-party website or online feature, including without limitation, applications that connect the Services or your profile on the Services with a third-party website. For example, the Services may include a button enabling you to indicate, on your social networking page, that you “like” specific content on the Services, or a feature that lets you post to your social networking page a link to specific content from the Services or the ability to share content from the Services or your User Generated Content posted at the Services with a third party, which may be publicly posted on that third party’s website. Using this functionality typically requires you to login to your account on the third-party website and you do so at your own risk.

PROHIBITED USES.

BreathePower LLC imposes certain restrictions on your permissible use of the Website, App and the Service. You are prohibited from violating or attempting to violate any security features of the Website, App or Service, including, without limitation, (a) accessing content or data not intended for you, or logging onto a server or account that

you are not authorized to access; (b) attempting to probe, scan, or test the vulnerability of the Service, the Website or App, or any associated system or network, or to breach security or authentication measures without proper authorization; (c) interfering or attempting to interfere with service to any user, host, or network, including, without limitation, by means of submitting a virus to the Site or Service, overloading, “flooding,” “spamming,” “mail bombing,” or “crashing;” (d) using the website, App or Service to send unsolicited e-mail, including, without limitation, promotions, or advertisements for products or services; (e) forging any TCP/IP packet header or any part of the header information in any e-mail or in any posting using the Service; or (f) attempting to modify, reverse-engineer, decompile, disassemble, or otherwise reduce or attempt to reduce to a human-perceivable form any of the source code used by BreathePower LLC in providing the Website, App or Service. Any violation of system or network security may subject you to civil and/or criminal liability.

INDEMNITY.

You agree to indemnify BreathePower LLC for certain of your acts and omissions. You agree to indemnify, defend, and hold harmless BreathePower LLC, its affiliates, officers, directors, employees, consultants, agents, and representatives from any and all third party claims, losses, liability, damages, and/or costs (including reasonable attorney fees and costs) arising from your access to or use of the Website, App or Services, your violation of these Terms of Use, or your infringement, or infringement by any other user of your account, of any intellectual property or other right of any person or entity. BreathePower LLC will notify you promptly of any such claim, loss, liability, or demand, and will provide you with reasonable assistance, at your expense, in defending

any such claim, loss, liability, damage, or cost.

You agree to indemnify and hold BreathePower Yoga and the BreathePower Yoga Affiliates, and their respective officers, agents, partners, and employees, harmless from any loss, damage, costs, liability, claim, demand, proceeding, expense (including reasonable attorneys’ fees), or action brought, made, or threatened by any third party against BreathePower Yoga and the BreathePower Yoga Affiliates due to, in connection with, or arising out of (i) your use, misuse, or access to the Services; (ii) your breach or violation of these Terms of Use, including without limitation, any breach of your obligations, representations, and warranties set forth above; (iii) your infringement or other violation of any third-party right, including without limitation, intellectual property, property, or privacy right; (iv) any claim that any of your User-Generated Content or other materials caused damage to BreathePower Yoga, a BreathePower Yoga Affiliate, or any third party, including without limitation, if any material that you post using the Services causes us to be liable to another; (v) any transaction you conduct on or through the Services or as a result of the contact facilitated by the Services; or (vi) any activity using your email address and password by you or any other person accessing the Services, the Content, the User-Generated Content, or any other information or materials using your account, email address, or other contact information. We reserve the right to assume the exclusive defense of any such claim, and you agree to provide us with such reasonable cooperation and information as we

may request. You will not in any event settle any claim without the prior written consent of BreathePower Yoga.

reserved.

GOVERNING LAW.

These Terms of Use shall be construed in accordance with and governed by the laws of the United States and the State of Illinois, without reference to rules regarding conflicts of law. You hereby irrevocably consent to the exclusive jurisdiction of the state or

federal courts in Illinois, USA in all disputes arising out of or related to the use of the Website, App or Service.

ARBITRATION AGREEMENT WITH CLASS ACTION WAIVER

Mandatory Binding Individual Arbitration. Except as expressly provided below, you agree that any dispute, claim, case, or controversy (whether based in tort, contract, statute, regulation, ordinance, equity, or any other legal theory) between you and BreathePower Yoga (whether arising out of or relating to past, present, or future acts or omissions) (“Claims”) shall be exclusively resolved by binding arbitration on an individual basis, rather than in court (“Arbitration Agreement”).

Waiver of Class Actions. You and BreathePower Yoga each agree that each party will assert Claims in arbitration only in our individual capacity, and not as a representative or member of any purported class. We each agree that we will not participate in any class, mass, collective, consolidated, private attorney general, or other representative arbitration proceedings. Each party agrees that the arbitrator has no authority to arbitrate Claims on a class-wide basis and shall not consolidate, combine, or jointly arbitrate Claims of more than one person in a single arbitration.

Waiver of Jury Trial. Each party waives its constitutional and statutory rights to go to court and have a trial in front of a judge or a jury, electing instead to resolve by binding arbitration all Claims.

SEVERABILITY; WAIVER.

If, for whatever reason, a court of competent jurisdiction finds any term or condition in these Terms of Use to be unenforceable, all other terms and conditions will remain unaffected and in full force and effect. No waiver of any breach of any provision of

these Terms of Use shall constitute a waiver of any prior, concurrent, or subsequent breach of the same or any other provisions hereof, and no waiver shall be effective unless made in writing and signed by an authorized representative of the waiving party.

NO LICENSE.

Nothing contained on the Website or App should be understood as granting you a license to use any of the trademarks, service marks, or logos owned by BreathePower LLC or by any third party.

MODIFICATIONS.

BreathePower LLC may, in its sole discretion and without prior notice, (a) revise these Terms of Use; (b) modify the Website, App and/or the Service; and (c) discontinue the Website, App and/or Service at any time. BreathePower LLC shall post any revision to these Terms of Use to the Website, and the revision shall be effective immediately on such posting. You agree to review these Terms of Use and other online policies posted on the Website periodically to be aware of any revisions. You agree that, by continuing to use or access the Website or App following notice of any revision, you shall abide by any such revision.

We reserve the right at any time and from time-to-time to modify, edit, delete, suspend, or discontinue, temporarily or permanently, the Services (or any portion thereof) and/or

the information, materials, products, and/or services available through the Services (or any part thereof) with or without notice. You agree that we shall not be liable to you or to any third party for any such modification, editing, deletion, suspension, or discontinuance of the Services.

ACKNOWLEDGEMENT.

BY USING THE SERVICE OR ACCESSING THE WEBSITE OR ANY APP, YOU ACKNOWLEDGE THAT YOU HAVE READ THESE TERMS OF USE AND AGREE TO BE BOUND BY THEM.

No Assignment

These Terms of Use are not assignable, transferable, or sublicensable by you except with the prior written consent of BreathePower LLC.

Subject to these Terms of Use, BreathePower LLC grants to you a personal, non- exclusive, non-transferable, non-sublicensable, limited, and revocable license to use the Services for personal use only in accordance with these Terms of Use (“User License”). Any use of the Services in any other manner, including, without limitation, the resale, transfer, modification or distribution of the Services, Content and the User-Generated Content is strictly prohibited. Unless explicitly stated herein, nothing in these Terms of Use shall be construed as conferring in any manner, whether by implication, estoppel or otherwise, any right, title or interest in or to the Services, Content, or User-Generated Content, or any intellectual property (including goodwill) therein or thereto.

MISCELLANEOUS

Communications

By providing us your telephone number, including your mobile telephone number, you authorize BreathePower Yoga to contact you at the number you provided regarding your

participation in Services or related activities, including but not limited to cancellations, waitlist changes, and updates to your billing information. You agree we may contact you by telephone call or text message, using an automatic telephone dialing system and/or a prerecorded message. You agree that we may monitor or record any conversation or other communication with you.