Terms of Use

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YAWNCENTRAL TERMS OF USE print version

YawnCentral.com is for your personal entertainment, information, education, and communication. Your access to and use of this website is subject to the following terms and conditions (Terms and Conditions) and all applicable laws. By accessing and browsing this Site, you accept, without limitation or qualification, the Terms and Conditions and acknowledge that any other agreements between you and Yawn Central, if any, are superseded and of no force or effect. You affirm that you are either more than 18 years of age, or an emancipated minor, or possess legal parental or guardian consent, and are fully able and competent to enter into the terms, conditions, obligations, affirmations, representations, and warranties set forth in these Terms of Service, and to abide by and comply with these Terms of Use. In any case, you affirm that you are over the age of 13, as the Service is not intended for children under 13. If you are under 13 years of age, then please do not use the Service. There are lots of other great web sites for you. Talk to your parents about what sites are appropriate for you.

NOT MEDICAL CARE

YawnCentral.com is not a substitute for medical care, and offers no health warranties or guarantees of any kind. The information provided on these pages is not meant to be a substitute for medical advice from your doctor or health care provider. YawnCentral.com is committed to helping you relax and sleep more effectively, however, despite the unlikely scenario of relaxation exercises causing negative health effects, we make no guarantee that the information herein would work for you. You are encouraged to consult with your health care provider with any questions or concerns you may have regarding any health condition that you may have before starting any relaxation exercises, or applying any health advice on this website.

ACCESS TO PREMIUM CONTENT

YawnCentral Members may be able to access certain premium content through a monthly (30 days) subscription fee. This allows a paying member access to premium content for the applicable time period. Fees are refundable in YawnCentral’s sole discretion. There is no prorated refund of any fees upon any termination or cancellation. You agree to immediately pay any amounts accrued, but remaining unpaid, as of termination (if any). You hereby authorize YawnCentral to collect fees by charging the credit card you provide to us as part of your YawnCentral account information, either directly or indirectly via a third party online payment service, such as PayPal. For details on how we keep your personal information secure please see our Privacy Policy.

COPYRIGHT

When accessing and browsing YawnCentral.com you agree not to distribute, modify, transmit, print, duplicate, reuse, re-post, or use the contents of this website, or portions thereof, for public or commercial purposes, including the text, images, audio, and video, without Yawn Central’s prior written permission. Failure to include this notice on any digital or printed copy of the contents of this Site, or portions thereof; unauthorized registration of a claim of copyright on the content of this Site, or portions thereof; adding to or omitting from the content of this Site, or portions thereof, without clearly indicating that such has been done; or profiting from transmission or duplication of the content of this Site, or portions thereof, is a clear violation of the permission given in this notice, and is strictly prohibited. Violators will be prosecuted.

COPYRIGHT POLICY

We go through the necessary steps to make sure content published is either licensed or owned by YourCentral.com, granted express permission from its copyright holder, or is in public domain.

YawnCentral.com is in compliance with the Digital Millennium Copyright Act. If you believe that Content residing on or accessible through YawnCentral.com’s Site or Service infringes a copyright, please send a notice of copyright infringement by e-mail to: abuse@yawncentral.com or reach us through our contact page

COMMUNICATIONS ON THE WEBSITE

No confidential relationship shall be established in the event that you make any oral, written or electronic response to us (such as feedback, questions, comments, suggestions, ideas, etc.). Such response and any information submitted therewith shall be considered non-confidential, and we shall be free to reproduce, publish or otherwise use such information for any purposes whatsoever including, without limitation, the research, development, manufacture, use or sale of products incorporating such information. The sender of any information to us is fully responsible for its content, including its truthfulness and accuracy and its non-infringement of any other person’s proprietary rights.

TERMINATION OR SUSPENSION OF THE SITE OR SERVICES & MODIFICATION OF THESE TERMS OF USE

YawnCentral reserves the right in its sole discretion, at any time, to modify, discontinue or terminate the Site or Services or to modify or terminate these Terms of Use without advance notice. Modifications to these Terms of Use or any policies will be posted on the Site or made in compliance with any notice requirements set forth in these Terms of Use. If any modification is not acceptable to you, your only recourse is to cease using the Site and Services. By continuing to use the Site or Services after YawnCentral has posted any modifications on the Site or provided any required notices, you accept and agree to be bound by the modifications.

Without limiting other remedies, Yawncentral may at any time suspend or terminate your YawnCentral account and refuse to provide access to the Site or Services. In addition, YawnCentral may notify authorities or take any actions it deems appropriate, without notice to you, if YawnCentral suspects or determines, in its own discretion, that you may have or there is a significant risk that you have (i) failed to comply with any provision of these Terms of Use or any policies or rules established by YawnCentral; or (ii) engaged in actions relating to or in the course of using the Site or Services that may be illegal or cause liability, harm, embarrassment, harassment, abuse or disruption for you, YawnCentral Users, YawnCentral or any other third parties or the Site or Services.

You may terminate your YawnCentral account at any time and for any reason by selecting Cancel Account on your account information page. Upon any termination by a YawnCentral Member, the related account will no longer be accessible.

After any termination, you understand and acknowledge that we will have no further obligation to provide the Site or Services and all licenses and other rights granted to you by these Terms of Use will immediately cease. YawnCentral will not be liable to you or any third party for termination of the Site or Services or termination of your use of either. UPON ANY TERMINATION OR SUSPENSION, ANY CONTENT, MATERIALS OR INFORMATION THAT YOU HAVE SUBMITTED ON THE SITE OR THAT WHICH IS RELATED TO YOUR ACCOUNT MAY NO LONGER BE ACCESSED BY YOU. Furthermore, YawnCentral will have no obligation to maintain any information stored in our database related to your account or to forward any information to you or any third party.

Any suspension, termination or cancellation will not affect your obligations to YawnCentral under these Terms of Use (including, without limitation, proprietary rights and ownership, indemnification and limitation of liability), which by their sense and context are intended to survive such suspension, termination or cancellation.

FORCE MAJEURE

YawnCentral will not be liable to you by reason of any failure or delay in the performance of its obligations hereunder on account of events beyond its reasonable control, which may include, without limitation, denial-of-service attacks, strikes, shortages, riots, insurrection, fires, flood, storm, explosions, acts of God, war, terrorism, governmental action, labor conditions, earthquakes, material shortages, failure of the internet or extraordinary connectivity issues experienced by major telecommunications providers and unrelated to YawnCentral infrastructure or connectivity to the internet or failure at an YawnCentral co-location facility (each a “Force Majeure Event”). Upon the occurrence of a Force Majeure Event, YawnCentral will be excused from any further performance of its obligations effected by the Force Majeure Event for so long as the event continues, and for such further period of time that YawnCentral may reasonably require to recover from the effects of such Force Majeure Event.

NO WARRANTY/LIABILITY

YAWN CENTRAL IS NOT LIABLE FOR ANY DIRECT, INCIDENTAL, CONSEQUENTIAL, INDIRECT, OR PUNITIVE DAMAGES ARISING OUT OF YOUR ACCESS TO, OR USE OF, THIS SITE. WITHOUT LIMITING THE FOREGOING, EVERYTHING ON THIS SITE IS PROVIDED TO YOU AS IS WITHOUT WARRANTY OF ANY KIND, EITHER EXPRESSED OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, THE IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, OR NON-INFRINGEMENT. YOU EXPRESSLY AGREE THAT YOUR USE OF, OR INABILITY TO USE, THE SITE IS AT YOUR SOLE RISK. PLEASE NOTE THAT SOME JURISDICTIONS MAY NOT ALLOW THE EXCLUSION OF IMPLIED WARRANTIES, SO SOME OF THE ABOVE EXCLUSIONS MAY NOT APPLY TO YOU. CHECK YOUR LOCAL LAWS FOR ANY RESTRICTIONS OR LIMITATIONS REGARDING THE EXCLUSION OF IMPLIED WARRANTIES. WHILE ALL INFORMATION PREPARED FOR THIS SITE WAS BELIEVED TO BE ACCURATE AS OF THE DATE PREPARED, MYO MAKES NO WARRANTIES OR REPRESENTATIONS AS TO THE ACCURACY, RELIABILITY OR CONTENT OF ANY INFORMATION, SERVICE OR MERCHANDISE PROVIDED THROUGH THIS SITE AND ASSUMES NO LIABILITY OR RESPONSIBILITY FOR ANY ERRORS OR OMISSIONS IN THE CONTENT OF THIS SITE. YAWN CENTRAL ALSO ASSUMES NO RESPONSIBILITY, AND SHALL NOT BE LIABLE FOR, ANY DAMAGES TO, OR VIRUSES THAT MAY INFECT, YOUR COMPUTER EQUIPMENT OR OTHER PROPERTY ON ACCOUNT OF YOUR ACCESS TO, USE OF, OR BROWSING IN THIS SITE OR YOUR DOWNLOADING OF ANY MATERIALS, DATA, TEXT, IMAGES, VIDEO, OR AUDIO FROM THIS SITE. UPON OUR REQUEST, YOU AGREE TO INDEMNIFY AND HOLD YAWN CENTRAL HARMLESS FROM ALL LIABILITIES, CLAIMS AND EXPENSES, INCLUDING ATTORNEYS’ FEES, THAT ARISE FROM ANY BREACH OF THESE TERMS FOR WHICH YOU ARE RESPONSIBLE, OR FROM THE USE OF THIS SITE.

YAWN CENTRAL DOES NOT GUARANTEE, REPRESENT, OR WARRANT THAT YOUR USE OF THE SITE WILL BE UNINTERRUPTED OR ERROR-FREE, AND YOU AGREE THAT FROM TIME TO TIME YAWN CENTRAL MAY REMOVE THE SITE FOR INDEFINITE PERIODS OF TIME, OR CANCEL THE SITE AT ANY TIME, WITHOUT NOTICE TO YOU.

IN NO CASE SHALL YAWN CENTRAL, OWNERS, OR CONTRACTORS, BE LIABLE FOR ANY DIRECT, INDIRECT, INCIDENTAL, PUNITIVE, SPECIAL, OR CONSEQUENTIAL DAMAGES ARISING FROM YOUR USE OF OR ACCESS TO THE SITE OR FOR ANY OTHER CLAIM RELATED IN ANY WAY TO YOUR USE OF THE SITE, INCLUDING, BUT NOT LIMITED TO, ANY ERRORS OR OMISSIONS IN ANY CONTENT, OR ANY PERSONAL INJURY OR LOSS OR DAMAGE OF ANY KIND INCURRED AS A RESULT OF THE USE OF ANY CONTENT (OR PRODUCT) POSTED, TRANSMITTED, OR OTHERWISE MADE AVAILABLE VIA THE SITE, EVEN IF ADVISED OF THEIR POSSIBILITY. BECAUSE SOME STATES OR JURISDICTIONS DO NOT ALLOW THE EXCLUSION OR THE LIMITATION OF LIABILITY FOR CONSEQUENTIAL OR INCIDENTAL DAMAGES, IN SUCH STATES OR JURISDICTIONS, YAWN CENTRAL’S LIABILITY SHALL BE LIMITED TO THE EXTENT PERMITTED BY LAW.

YAWN CENTRAL SHALL USE REASONABLE EFFORTS TO PROTECT INFORMATION SUBMITTED BY YOU IN CONNECTION WITH THE SITE, BUT YOU ACKNOWLEDGE AND AGREE THAT YOUR SUBMISSION OF SUCH INFORMATION IS AT YOUR SOLE RISK, AND MYO HEREBY DISCLAIMS ANY AND ALL LIABILITY TO YOU FOR ANY LOSS OR LIABILITY RELATING TO SUCH INFORMATION IN ANY WAY.

GENERAL

Yawn Central may amend these Terms of Use at any time and without notice, and it is your responsibility to review these Terms of Service for any changes. Your use of the Service following any amendment of these Terms of Service will signify your assent to and acceptance of its revised terms. This page was last updated May 30, 2015.

If you have questions about these Terms of Use or would like to request a copy of these Terms of Use or any other records relating to these Terms of Use or your use of the Site and Services, please contact YawnCentral at abuse@yawncentral.com.