These terms and conditions (this “Agreement”) govern the Joga 559 Membership Program with respect to new Membership enrollments 12/12/2020 or later, or renewal Membership terms beginning 12/12/2020 or later. Purchase or use of any membership in the Joga 559 Membership Program (“Membership,” “Premier Membership,” “Basic Membership”) at any time subjects the purchaser or user (“you,” “your,” “yours,” “Member”) to the provisions of this Agreement, as amended from time to time.
(a) Memberships are for individual use only and are non-transferable.
(b) Joga 559, an official brand of High Performance Academy LLC, reserves the right to refuse membership to any applicant and membership is revocable without cause.
(c) Membership is subject to any and all rules adopted by High Performance Academy LLC., including our privacy policies and practices, and they may be amended from time to time without notice.
(d) Replacement Membership cards are subject to a $5.00 replacement fee.
The Joga 559 Member Program entitles new Members enrolling in Membership 12/20/2020 or later, or current Basic Members whose renewal Membership term begins 12/20/2020 or later, to the following benefits:
The annual Premier Membership fee is currently $75 annual fee. Membership fees are subject to taxation in accordance with applicable federal or state law. The annual Membership fee of $60 or $40 does not include applicable taxes. We may change the Membership fee at any time, but changes will apply only to new and renewal Memberships.
Membership fees are not refundable.
The Membership term is one year, beginning on the date of purchase. A Renewal within a current Membership term extends the existing expiration date of the Membership by one year; such renewal term begins the day after the current term ends. When an expired Membership is renewed, the new Membership term is one year, beginning on the date of renewal.
(a) We may terminate your Membership, including any associated accounts, without notice, for any reason in our sole discretion, including without limitation our belief that continued use of such Membership would violate any provisions of this Agreement, applicable law, or otherwise be harmful to our interests. In the event of any such termination, you will not be entitled to a refund of your Membership fee.
(b) We may terminate any or all of the benefits available under the Joga 559 Member Program at any time with or without notice. In the event of our termination of the Joga 559 Member Program, at our election, we will either maintain your Membership benefits until expiration of the Membership current term or refund each Member a pro rata portion of the Membership fee for the remaining portion of the current Membership term.
Disclaimers; Limitation of Liability
USE OF THE JOGA 559 MEMBER PROGRAM AND ANY OF ITS ASSOCIATED BENEFITS IS AT YOUR SOLE RISK. THE MEMBERSHIP BENEFITS ARE PROVIDED ON AN “AS IS” AND “AS AVAILABLE” BASIS.
JOGA 559 & HIGH PERFORMANCE ACADEMY LLC. EXPRESSLY DISCLAIM ALL WARRANTIES OF ANY KIND, WHETHER EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO THE IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE AND NON-INFRINGEMENT.
HIGH PERFORMANCE ACADEMY MAKES NO WARRANTY THAT (i) THE JOGA 559 MEMBER PROGRAM WILL MEET YOUR REQUIREMENTS, (ii) THE JOGA 559 MEMBER PROGRAM WILL BE UNINTERRUPTED, TIMELY, SECURE, OR ERROR-FREE, OR (iii) THE QUALITY OF ANY PRODUCTS, SERVICES, INFORMATION, OR OTHER MATERIAL PURCHASED OR OBTAINED BY YOU FROM YOUR USE OF JOGA 559 MEMBER PROGRAM WILL MEET YOUR EXPECTATIONS.
HIGH PERFORMANCE ACADEMY SHALL NOT BE LIABLE FOR ANY INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL OR EXEMPLARY DAMAGES, INCLUDING BUT NOT LIMITED TO, DAMAGES FOR LOSS OF PROFITS, GOODWILL, USE, DATA OR OTHER INTANGIBLE LOSSES (EVEN IF MEMBERSHIP PROVIDER HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES), RESULTING FROM: (i) THE USE OR THE INABILITY TO USE THE JOGA 559 MEMBER PROGRAM OR ANY BENEFITS THEREOF; (ii) THE COST OF PROCUREMENT OF SUBSTITUTE GOODS AND SERVICES RESULTING FROM ANY GOODS, DATA, INFORMATION OR SERVICES PURCHASED OR OBTAINED OR MESSAGES RECEIVED OR TRANSACTIONS ENTERED VIA THE USE THE JOGA 559 MEMBER PROGRAM; (iii) UNAUTHORIZED ACCESS TO OR ALTERATION OF YOUR JOGA 559 MEMBER PROGRAM DATA; OR (iv) ANY OTHER MATTER RELATING TO THE JOGA 559 MEMBER PROGRAM.
SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OF CERTAIN WARRANTIES OR THE LIMITATION OR EXCLUSION OF LIABILITY FOR INCIDENTAL, CONSEQUENTIAL OR OTHER DAMAGES. ACCORDINGLY, SOME OF THE ABOVE LIMITATIONS AND EXCLUSIONS MAY NOT APPLY TO YOU.
This Agreement, and the respective rights and obligations of the parties hereunder, shall be governed by, and construed in accordance with, the laws of the State of New York, without regard to conflict of law principles.
This Agreement, including all documents referenced herein, represents the entire understanding between us and any user of the Joga 559 Member Program with respect to the Joga 559 Member Program and supersedes any other agreements, statements or representations. Headings used in this Agreement are for reference only and shall not affect the meaning of any terms. Any user of any portion of the Joga 559 Member Program is deemed to have accepted the terms and conditions of this Agreement.
Changes to This Agreement
We may change the terms of this Agreement at any time without notice or liability by posting a revised Agreement on the Joga 559 Member Program website located at joga559.com/about/membership. Any change shall take effect immediately, unless otherwise provided. You may view the current version of this Agreement at any time online at joga559.com/about/membership.