- Acceptance of Terms
At Manduka, LLC (“Manduka,” “us”, “our,” or “we”), our goal is provide our users and visitors with a better yoga mat and a better yoga experience, built by and for yoga teachers and their students. We’re thrilled that you chose to use our websites (“Site” or “Sites”), and any of our other products and services we provide you (collectively, “Services”) to help you craft a unique yoga experience.
We’ve drafted these Terms of Service (“Terms”) to tell you how you may use our Services, and inform you of the rules that govern your use of our Services. Please read these Terms carefully before you access our Site, or use any of our other Services. If you do not agree with these terms, please do not use our Sites or other Services.
Description of Services
Manduka provides its Sites and other Services to its users to enhance their yoga experience by purchasing quality yoga products, participating in online yoga sessions, and spreading the joy of yoga to others.
Please note that all features, content, specifications of our Sites or other Services, and any products or prices described or depicted, are subject to change without notice. Also, the inclusion of any product or service does not imply or warrant that it will be available at any time.
While we strive to ensure that our Services and all other information we provide is complete, accurate, and current, some information provided may sometimes be inaccurate, incomplete, or out-of-date. We make no representation regarding the completeness or accuracy of any Services, or other information, content, advice, or recommendations made through the Site or Services. We also do not make any representations or warranties regarding the quality or safety of any products or Services, or third party products or services offered or made available.
Who Can Use Our Services
All of Manduka’s Services – including the Site– are intended for adult audiences only and are not intended for or directed to anyone under 16 years of age. Therefore, no one under 16 years of age is allowed to create an account with Manduka, make purchases from our Sites, or otherwise use our Services, including the Site. In addition, users must be over 18 years old to use several features of our Services – including purchasing goods and accessing certain other Services. By using our Services, you attest that you are over 16 years of age, you can form a binding contract with Manduka, and that you will comply with these Terms and all applicable local, state, federal, and international laws, rules, and regulations.
Registration with Manduka
Users may register and create an individual account with Manduka in order to access and use our Services. A user may also make a purchase from our Site as a “guest” without needing to register and create an account with us. Please note that there may be some Services only available to those who have registered and created an individual account with Manduka.
In either situation, , you will be required to provide certain information to us to fulfill certain Services you ask us to perform for you. All information that you are required to provide at registration must be current, complete, and accurate. You are also responsible for ensuring that your account information is timely updated if it ever changes. In addition, you must keep and are responsible for keeping your sensitive information – like your account password – confidential. Please contact us immediately if you think your account has been compromised.
In using the Services, you agree that:
- You are permitted to create only one account for yourself, and you will not create more than one account for your individual use.
- You will not, without our express permission, create another account for yourself if we have disabled or otherwise restricted your account.
- You will not buy, sell, rent, or lease access to your account in any way.
- You will not share your account’s login credentials (for example, your account password, or your email address and password reset/security question) with others.
- You will log in and access the Sites and Services through only those means authorized by Manduka, and you will not log in or attempt to access the Sites or Services through any unauthorized means.
Your Use of Our Services
- What We Grant To You
Manduka grants you a personal, worldwide, royalty-free, non-assignable, non-exclusive, revocable, and limited license to access and use our Services, for the sole purposes of letting you, the user, use and enjoy the benefits of the Services in a way allowed by these Terms and our other policies.
- What You Grant to Us
In using our Services, you may create, upload, post, send, receive, and store content or other information. In doing so, you grant Manduka an unrestricted, irrevocable, worldwide, royalty-free, perpetual, sub-licensable, and transferable license to host, store, use, display, reproduce, modify, adapt, edit, publish, and distribute the content or other information you provide. We may use any content or other information that you provide in a number of ways, including but not limited to facilitating your Manduka experience and for operating, developing, providing, promoting, and improving the Services, as well as for researching and creating new Manduka services.
In addition, you understand that any questions, comments, suggestions, ideas, or feedback (collectively, “Submissions”) you provide is not confidential, and becomes our sole property. If you provide feedback, suggestions, or any other Submission, including but not limited to business ideas and original works, you are granting Manduka a worldwide, royalty-free, perpetual, fully sub-licensable, and irrevocable right to use, distribute, reproduce, modify, adapt, display, create works from and otherwise utilize such submissions. This means we can use the ideas you to provide us without compensating you.
Though we are not required to do so, we may, in our sole discretion, monitor or review the Services, and access, review, screen, remove, and delete content at any time and for any reason, including if we believe that content violates these Terms.
- Your Behavior
You are ultimately responsible for all content posted and activity by you or that otherwise occurs under your account (even if that content or activity occurs from other individuals who have accessed the Sites and other Services through your account).
By using the Services, you agree that:
You will not use the Sites or any Services for any purpose that is illegal or otherwise prohibited in these Terms.
You will not use any automated means – such as any robot, spider, etc. – to access the Services or extract other users’ information.
You will not copy, modify, distribute, sell, or lease any part of our Sites or Services.
You will not reverse engineer or attempt to extract the source code of the software.
You will not use or develop any third-party applications to interact with the Sites or Services or other users’ content or information, unless you have our written consent.
You will not use the Sites or any Services in a way that could interfere with, disrupt, negatively affect, or inhibit other Manduka users in fully using the Services, or our ability to maintain our Services.
You will not use the Sites or any Services in a way that could damage, overburden, or impair the functioning of the Services.
You will not use or attempt to use another Manduka user’s account without their permission.
You will not solicit other users’ login credentials.
You will not create an account using the name of another person with the intent of impersonating the other person, or create an account using any name that is offensive, vulgar, or obscene.
You will not post content that is offensive or that contains pornography, graphic violence, threats, hate speech, or incites violence, or promotes any unlawful activity.
You will not use the Services in any way that violates Manduka’s rights or those of any third party.
You will not use the Services to harass, abuse, defame, stalk, or threaten others, including other users.
You will not compromise the security of the Services, including but not limited to uploading viruses or other malicious code.
You will not attempt to circumvent any content-filters or content-filtering techniques used by Manduka.
You will access only those areas or features of the Services that we have authorized you to access, and you will not attempt to access any areas or features that you are not authorized to access.
You will not probe, scan, or test the security or vulnerability of our Services, including any Manduka system or network.
You will not send unsolicited or spam emails to other users or to Manduka.
You will not engage in any activity that violates these Terms, and you will not encourage any acts that violate these Terms.
There may be times when we ask you for your Personal Information in order to facilitate certain Services – for instance, when you make a purchase or contact us requesting technical assistance with your account, we may ask for your contact information so that we can contact you further if needed. When communicating with us, please do not share your Personal Information with Manduka unless we specifically request it.
- Ordering Products and Services
As we mentioned above, our goal is to give you a better yoga experience, built by and for yoga teachers and their students. Manduka provides high quality yoga mats, clothing, and other goods as well as access to instructional videos for you to purchase. If you choose to purchase any goods, products or services made available to you through the Services (a “Transaction”), you may be asked to supply certain information relevant to your Transaction. Such information may include your name, your payment card information, and your billing and your shipping address, among others.
You are responsible for obeying all applicable local, state, federal, and international laws regarding any goods, products or services you purchase through our Services. You represent that any goods, products, or services you order from us or through our Services will be used only in a lawful manner.
- Content, Intellectual Property & Others’ Rights
Except for the posts and other content that you and other users create, the information, photos, text, graphics, videos, tools, images, and all other content and materials (“Content”) provided by or made available through the Services is owned or licensed by Manduka, and is provided for your personal, non-commercial, and informational purposes only. This Content also includes, but is not limited to the text, graphics, photos, interactive features, trademarks, service marks, and logos in our Services (“Marks”). You may not use, manipulate, copy, reproduce, transmit, distribute, broadcast, display, sell, or otherwise use our Content and Marks for any purpose whatsoever not permitted by these Terms.
We respect the intellectual property rights of others – including copyrights – and prohibit our users from using our Services that violates those rights. Some of the content available through our Services comes from other users and third parties. All other content, trademarks and copyrights that appear through our Services are the property of their respective owners. You agree that you will not use the Services in a way that violates or infringes upon someone else’s rights of publicity, privacy, copyright, trademark, or other intellectual property rights.
You may not use the Content, Marks, or Services, or the content of others, in ways that are not authorized by these Terms. We may terminate your Manduka account or prohibit you from using our Services if we believe that you are violating the intellectual property rights of others in your use of our Sites or Services.
We also have the right to disclose your identity to any third party who is claiming that any content posted or uploaded by you to our site constitutes a violation of their intellectual property rights, or of their right to privacy. We will not be responsible or liable to any third party for the content or accuracy of any content posted by you or any other user of our site. We have the right to remove any posting you make on our site in our sole discretion. The views expressed by other users on our site do not represent our views or values.
As we said above, we respect intellectual property rights of others, and prohibit our users from using our Services that violates those rights. Additionally, we respect copyright law. Under the U.S. Digital Millennium Copyright Act (“DMCA”) copyright owners can file a complaint where they believe materials infringe on their copyright. If you believe that materials on the Services infringe on your copyright, please provide notice to our designated agent at:
Attn: Isu Sahai
2250 E Maple Avenue
El Segundo, CA 90245
Email: [email protected]
Toll free: +1 877.626.3852
Any DMCA notice filed with our designated agent must contain the following:
- Information identifying the copyrighted work that is claimed to have been infringed, such as the copyrighted work’s title, author, URL, or other information.
- Sufficient information allowing us to identify and locate the allegedly infringing material.
- Your contact information, including your address, telephone number, and email address, so that we may contact you.
- A personal statement that you have a good-faith belief that the use of allegedly infringing material is not authorized by the copyright owner, its agent, or the law.
- A statement, under penalty of perjury, that the information in your notification if accurate and that you are authorized to act on behalf of the copyright owner.
- A physical or electronic signature of a person authorized to act on behalf of the copyright owner.
We recommend that you speak to a legal advisor before filing a DMCA notice with our designated agent to assess your rights.
- Maintaining Your Account
You play a key role in maintaining the integrity of your Manduka account. As mentioned above, you are responsible for protecting the security of your account credentials, including your password. Additionally, you may not share your account credentials with others. Manduka will not be responsible or liable for any compromise to your account that results from your failure to adhere to these obligations.
- Email, Data Charges & Mobile Phones
Certain aspects of our Services are designed to work with and be used on mobile phones and devices. You are responsible for any text-messaging, data charges, and other fees and charges that you may incur from your mobile service provider by using our Services. Please talk to your mobile service provider before using our Services if you have questions about possible charges you may incur by using our Services.
By using the Services, you agree that we may communicate with you by electronic means, such as through email, text message, or other means. Please update your account if you change your email address or phone number to ensure that we do not send messages meant for you to others.
- Third Party Services and Links
We may provide links to third party websites that may be of interest to you. Manduka is not responsible for the content, quality, safety, availability, completeness, accuracy, privacy policies, legality, or any other practices and policies of such websites. These links are provided solely as a convenience to you and should not be considered an endorsement by Manduka of these websites or of the companies who own them. Each linked entity has its own privacy policies, terms and conditions, and other policies that govern your use of their website and services. Each linked entity is responsible for the correctness, completeness, legality and accuracy of its own website. As such, Manduka makes no representation as to the accuracy or any other aspect of the information contained at such outside sites.
- Processing Payments
As stated above, Manduka does not collect information related to or process any Transactions. Manduka uses a third-party payment service provider (“Payment Service Provider”) to process payments related to certain Transactions. All such Transactions are subject to the Payment Service Provider’s relevant terms and policies, which the Payment Service Provider may modify from time to time and at its sole discretion. By agreeing to these Terms, you agree to be bound by the Payment Service Provider’s relevant terms and policies related to your Transaction.
Additionally, Transactions for goods, products, or services made with a third-party vendor whose website may be linked to from our Site are not processed by Manduka. Transactions with third-party vendors may be processed by the third-party vendor itself, or by another payment service provider selected by the third-party vendor to process payments on its behalf. As mentioned above, any information that you provide to a third party while utilizing their website or service – including the third-party vendor or the payment service provider selected by the third-party vendor related to processing your Transactions – will be governed by that third party’s policies and terms.
- Restriction, Modification, & Termination
If ever you decide you no longer want to be bound to these Terms, or no longer want to be a member of the Manduka community, you can terminate these Terms for any reason by deleting your account.
We reserve the right to change, modify, terminate, or otherwise alter these Terms at any time at our sole discretion and without notice. Such modifications shall become effective immediately upon posting of the updated Terms. You must review these Terms on a regular basis to keep yourself apprised of any changes. Manduka may terminate these Terms, with or without cause, at any time, without notice, and without penalty. You agree that Manduka shall not be liable to you or any third party for any modification, termination, or alteration of these Terms. The following provisions shall survive any termination: Your Use of Our Services -- What you Grant Us; Disclaimers; Limitation of Liability; Indemnity; Choice Law and Jurisdiction; Severability; and Complete Terms.
We may also, in our sole discretion, terminate or restrict your use or access to our Sites or Services (or any part thereof), for any reason, including, without limitation, that Manduka believes you have violated or acted inconsistently with the letter or spirit of these Terms or other provisions, conditions, or policies of the Services.
You agree to indemnify, defend, and hold Manduka, its, subsidiaries, affiliates, officers, directors, employees, and agents harmless, at your sole expense, from and against any claim, action, legal proceeding, damages, liability, settlements, expenses (including reasonably attorneys´ fees) and other costs arising out of or relating to (a) your access or use of the Services; (b) your content; (c) your breach of these Terms or the documents it incorporates by reference; (d) your negligence or misconduct; or (e) a claim that your use of any Services infringes the copyright, trademark, trade secret, patent or other rights of a third party. Manduka may, at its sole discretion, assume the exclusive defense and control of any matter subject to indemnification by you. The assumption of such defense or control by us, however, shall not excuse any of your indemnity obligations.
THIS SITE AND THE INFORMATION, SERVICES AND MATERIALS CONTAINED ON THE SITE AND OTHER SERVICES PROVIDED BY MANDUKA, ARE PROVIDED ON AN "AS IS" AND “AS AVAILABLE” BASIS WITH NO WARRANTY OF ANY KIND, EXPRESS OR IMPLIED. MANDUKA DISCLAIMS ALL REPRESENTATIONS AND WARRANTIES OF ANY KIND, EXPRESS OR IMPLIED, INCLUDING WARRANTIES OF MERCHANTABILITY, NON-INFRINGEMENT OF INTELLECTUAL PROPERTY, OR FITNESS FOR ANY PARTICULAR PURPOSE, AS TO THE OPERATION OF THE SERVICES AND THE CONTENT AND INFORMATION ON THE SERVICES, TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW. IN NO EVENT WILL MANDUKA BE LIABLE FOR DAMAGES OF ANY KIND ARISING FROM THE USE OF THE SERVICES OR ANY INFORMATION, GOODS OR SERVICES OBTAINED THROUGH THE SERVICES, INCLUDING DIRECT, INDIRECT, CONSEQUENTIAL, INCIDENTAL, SPECIAL OR PUNITIVE DAMAGES (EVEN IF MANDUKA HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES), TO THE FULLEST EXTENT PERMITTED BY LAW.
MANDUKA TAKES NO RESPONSIBILITY AND ASSUMES NO LIABILITY FOR ANY CONTENT PROVIDED BY YOU, ANOTHER USER, OR THIRD PARTY THROUGH OUR SERVICES. MANDUKA IS NOT RESPONSIBLE FOR ANY CONTENT THAT MAY BE INAPPROPRIATE, OFFENSIVE, MISLEADING, ILLEGAL, OR OTHERWISE OBJECTIONABLE.
We do not warrant that the Services will be uninterrupted, timely, secure or error-free. There may be delays, errors, defects, omissions, interruptions and inaccuracies in the information or other materials available on or through the Services. Manduka is not responsible for the availability, use, timeliness, security, validity, accuracy, or reliability of, or the results of the use of, the content of the Services, or other any other website that may be linked to on through the Services.
Manduka does not make any representations, nor do we endorse the accuracy, completeness, timeliness or reliability of any advice, opinion, statement or other material or database displayed, uploaded, or distributed in this Site, or available through links on the Services. We reserve the right to correct any errors or omissions in the Services. Although we take reasonable steps to prevent the introduction of viruses, worms, Trojans or other malicious software (“malware”) or other destructive materials to the Services, Manduka does not guarantee or warrant that the Services or materials that may be downloaded from the Services do not contain such contaminating or destructive properties. You understand and agree that any Content, files or information downloaded or otherwise obtained through the use of the Services is at your own discretion and risk and that Manduka is not liable for any damages or harm to your device or loss of data attributable to such Content, files or information. If you rely on the Services and any materials available through the Services, you do so solely at your own risk. Manduka is not responsible for any errors or omissions or for the results obtained from the use of any information provided on the Services.
- Limitation of Liability
IN NO EVENT SHALL MANDUKA, ITS AFFILIATES, OFFICERS, DIRECTORS, SHAREHOLDERS, EMPLOYEES, BUSINESS PARTNERS, CUSTOMERS AND ANY OTHER AUTHORIZED AGENT OR REPRESENTATIVE OF MANDUKA HAVE ANY LIABILITY FOR ANY CLAIM, LOSS OR INJURY, INCLUDING WITHOUT LIMITATION AN INDIRECT, INCIDENTAL, SPECIAL, OR CONSEQUENTIAL DAMAGES, HOWEVER CAUSED AND ON ANY THEORY OF LIABILITY, WHETHER FOR BREACH OF CONTRACT, TORT (INCLUDING NEGLIGENCE) OR OTHERWISE, ARISING OUT OF OR RELATED TO MANDUKA´S SERVICES, THE USE OR THE INABILITY TO USE THE SERVICES, AND/OR ANY CONTENT, ANY CONTENT OR OTHER GOODS OR SERVICES PURCHASED, LICENSED, OR OBTAINED OR MESSAGES RECEIVED OR TRANSACTIONS ENTERED INTO BY MEANS OF OR THROUGH THE SERVICES, THE UNAUTHORIZED ACCESS TO OR ALTERATION OF YOUR TRANSMISSION OR DATA, DELAY IN OPERATION OR TRANSMISSION, COMPUTER VIRUS, OR OTHER INFORMATION THAT IS SENT OR RECEIVED OR NOT SENT OR RECEIVED, OR ANY USER CONTENT, EVEN IF MANDUKA HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES, REGARDLESS OF ANY NEGLIGENCE OF MANDUKA OR ANY OF ITS AFFILIATES OR AGENTS. THESE LIMITATIONS SHALL APPLY NOTWITHSTANDING ANY FAILURE OR ESSENTIAL PURPOSE OF ANY LIMITED REMEDY.
In those jurisdictions which prohibit the exclusion or limitation of liability for consequential or incidental damages, any such liability shall be limited to the maximum extent permitted by law. In no event will Manduka’s aggregate liability for any and all claims related to the Services exceed $100 US or the amount you paid to Manduka, if any, in the last 12 months, whichever is greater.
We take no responsibility and assume no liability for any content provided by you, another user, or third party through our services. Manduka is not responsible for any content that may be inappropriate, offensive, misleading, illegal, or otherwise objectionable.
- Preventing Unlawful Activity
When requested, we will cooperate fully with law enforcement agencies in any investigation of alleged illegal activity.
- Responding to Lawful Disclosure Requests
We may also be required to disclose your information in response to a lawful and enforceable request by law enforcement, judicial, or other public authorities, or in connection with an enforceable legal obligation. In such instances, we will disclose your Personal Information upon receipt of an enforceable court order, subpoena, or other lawful process, or where otherwise required by law.
PLEASE READ THE FOLLOWING PARAGRAPHS CAREFULLY BECAUSE THEY REQUIRE YOU AND MANDUKA LLC TO AGREE TO RESOLVE ALL DISPUTES BETWEEN US THROUGH BINDING INDIVIDUAL ARBITRATION.
Applicability of Arbitration Agreement. You and Manduka agree that all claims and disputes, including all statutory claims and disputes, arising out of or relating to these Terms or the use of the Services that cannot be resolved in small claims court, or for those claims and disputes for which litigation in court is not otherwise required, or for any claims or disputes which are not prohibited by law from being resolved by arbitration, will be resolved by binding arbitration on an individual basis. You and Manduka are not required to arbitrate any dispute in which either party seeks equitable relief for the alleged unlawful use of copyrights, trademarks, trade names, logos, trade secrets, or patents.
Arbitration Rules. The Federal Arbitration Act governs the interpretation and enforcement of this dispute-resolution provision. Arbitration will be initiated through the American Arbitration Association (“AAA”) and will be governed by the AAA Consumer Arbitration Rules, available here as of the date of these Terms, or by calling the AAA at 1-800-778-7879. If the AAA is not available to arbitrate, the parties will select an alternative arbitral forum. The rules of the arbitral forum will govern all aspects of this arbitration, except to the extent those rules conflict with these Terms. The arbitration will be conducted by a single neutral arbitrator. Any claims or disputes where the total amount sought is less than $10,000 US may be resolved through binding non-appearance-based arbitration, at the option of the party seeking relief. For claims or disputes where the total amount sought is $10,000 US or more, the right to a hearing will be determined by the arbitral forum’s rules. Any judgment on the award rendered by the arbitrator may be entered in any court of competent jurisdiction.
The arbitrator will decide the jurisdiction of the arbitrator and any and all rights and liabilities of you and Manduka, and will have the authority to grant motions, award monetary damages, grant any non-monetary remedy or relief, or otherwise dispose of the dispute as permitted under applicable law, the arbitral forum’s rules, and/or the Terms. The dispute will not be consolidated with any other matters or joined with any other cases or parties. The arbitrator has the same authority to award relief on an individual basis that a judge in a court of law would have. The award of the arbitrator is final and binding upon you and Manduka.
Waiver of Trial & Class/Consolidated Actions. Please be aware that under these Terms, you and Manduka agree to waive, where permitted by law, any rights to a trial to resolve your claim or dispute. Instead, you and Manduka are electing to have any claim or dispute resolved by arbitration. Where there is litigation regarding enforceability of an arbitration award, you and Manduka agree to waive any right to a jury trial in favor resolution by a judge.
Additionally, you and Manduka agree that all claims and disputes must be arbitrated or litigated, where permitted, on an individual basis. Individual claims of separate persons cannot be consolidated, and cannot be jointly arbitrated or litigated as a class. Thus, you waive any rights to bring class or consolidated actions for claims or disputes arising under these Terms or your use of our Services.
Opt-Out/Severability. If it is determined that any provision governing arbitration, waiver of rights to a trial, or other provision of this section relating to the resolution of any claims or disputes is invalid, prohibited by law, or otherwise unenforceable, such claims and disputes will be resolved pursuant to Section 21, “Choice of Law & Jurisdiction,” below.
Any rights and limitations set forth in this arbitration agreement may be waived by the party against whom the claim is asserted. Such waiver will not waive or affect any other portion of this arbitration agreement.
If you’d like, you can opt out of this arbitration agreement. To opt out, you must notify Manduka in writing no later than 30 days after first becoming subject to this arbitration agreement. Your notice must include your name and address, the email address you used to set up your Manduka account (if you have one), and an unequivocal statement that you want to opt out of this arbitration agreement. You must either mail your opt-out notice to the postal address or email address listed below.
Choice of Law & Jurisdiction
These Terms are governed by and construed under the laws of the United States of America, and the State of California, without reference to conflict of laws principles, except where preempted by U.S. federal law.
To the extent that arbitration is not required by these Terms or permitted, and to the extent these Terms otherwise permit you or Manduka to initiate litigation, any claims or disputes arising out of or relating to these Terms are also governed and construed by the laws of the United States of America, and the State of California. All disputes arising out of or related to these Terms and the Services shall be subject to the exclusive jurisdiction of the state and federal courts located in Los Angeles County, California, and the parties agree and submit to the personal and exclusive jurisdiction and venue of these courts.
If any portion of these Terms is found to be unenforceable, that provision will be severed from these Terms, and will not affect the validity and enforceability of the remaining Terms.
Please note that these Terms, along with any other documents incorporated by reference, make up the entire agreement between you and Manduka. We reserve all rights that are not expressly granted to you. You may not transfer any rights given or obligations borne to you under these Terms without our express consent. We do not waive any provision under these Terms even if it is not enforced.
If you have any questions regarding these Terms or our practices, you can contact us at:
Attn: David Krimper
2250 E Maple Ave. Manduka, LLC
El Segundo, CA 90245
Email: [email protected]
Effective Date: August 1, 2018