ALO, LLC TERMS OF USE AND SERVICE

 

Welcome to the ALO website, www.aloyoga.com (the "ALO website"), owned and operated by ALO, LLC and its affiliates ("ALO").  Except as otherwise noted herein, these terms and conditions (the "Terms") govern your use of the ALO Website and ALO's services, applications, content and products (collectively, the "Site"). The terms of ALO’s Privacy Policy and Cookie Policy are incorporated by reference into these Terms.

 

 

ACCEPTANCE OF TERMS

 

Please read the following terms and conditions of use, including an Arbitration Agreement, because your use of the Site constitutes your agreement to follow and be bound by these Terms.  If you do not agree to these Terms, you should not access or use the Site. ALO reserves the right to make changes to the Site and to these Terms from time to time. When we make changes, we will post them here. For this reason, we encourage you to review these Terms whenever you use our Site because by visiting the Site, you agree to accept any such changes. ALO provides you with access to and use of the Site subject to your compliance with the Terms.

  

 

SITE CONTENTS

 

No material from the Site may be copied, reproduced, republished, uploaded, posted, transmitted or distributed in any way, except as specifically permitted on the Site. You also may not, without ALO's written permission, "mirror" any material contained on this Site or any other server.  The Site, including all of its information and content, such as text, data, wallpaper, icons, characters, artwork, images, photographs, graphics, music, sound, messages, software and the HTML used to generate the pages (collectively, "Materials and Content"), is ALO property or that of our suppliers or licensors and is protected by patent, trademark and/or copyright under United States and/or foreign laws. Except as otherwise provided on the site or in these Terms, you may not use, download, upload, copy, print, display, perform, reproduce, publish, modify, delete, add to, license, post, transmit or distribute any Materials and Content from this Site in whole or in part, for any public or commercial purpose without the specific prior written permission of ALO. We grant you a personal, limited, nonexclusive, nontransferable license to access the Site and to use the information and services contained here solely for your personal, noncommercial use as described below. We reserve the right, for any reason or for no reason, in our sole discretion and without notice to you, to revise the products and services described on the Site and to terminate, change, suspend or discontinue any aspect of the Site, including, but not limited to, the Materials and Content on the Site as well as features and/or hours of availability of the Site, and we will not be liable to you or to any third party for doing so. We may also impose rules for and limits on use of the Site or restrict your access to part, or all, of the Site without notice or penalty. We have the right to change these rules and/or limitations at any time, in our sole discretion. The content on this Site does not constitute medical advice. You should consult your doctor before beginning any exercise, training or athletic program, including but not limited to ALO yoga classes. ALO is not responsible for any medical or health problems that may result from your engaging in any activities described on this Site or from any information you obtain from this Site. If you ever feel discomfort or pain, you should not continue.

 

 

DISPUTE RESOLUTION AND ARBITRATION AGREEMENT

 

PLEASE READ THIS ENTIRE SECTION (INCLUDING SUBSECTIONS) CAREFULLY, AS IT INCLUDES A CLASS ACTION WAIVER AND A JURY TRIAL WAIVER AND REQUIRES ARBITRATION ON AN INDIVIDUAL BASIS IN CERTAIN JURISDICTIONS.

 

THIS SECTION APPLIES TO ANY CLAIM OR DISPUTE OR DIFFERENCE BETWEEN YOU AND ALO, LLC OR ITS OFFICERS, DIRECTORS, EMPLOYEES, REPRESENTATIVES, AGENTS, PARENTS, AFFILIATES, SUBSIDIARIES AND/OR RELATED COMPANIES (EACH, A “PARTY” AND, TOGETHER, THE “PARTIES”) ARISING OUT OF OR RELATING IN ANY WAY TO THESE TERMS, YOUR VISIT TO THE SITE, OR TO ANY PURCHASE, TRANSACTION, RETURN OR OTHER INTERACTION WITH ALO (INCLUDING DISPUTES RELATING TO ALO’S ADVERTISEMENTS AND DISCLOSURES, EMAIL AND MOBILE SMS MESSAGES SENT BY ALO, OR ALO’S COLLECTION OR USE OF YOUR INFORMATION) (EACH, A “DISPUTE”), INCLUDING, BUT NOT LIMITED TO:

 

• DISPUTES THAT AROSE BEFORE THESE TERMS OR ANY PRIOR VERSION OF THESE TERMS;
• DISPUTES THAT ARE OR WOULD OTHERWISE BE SUBJECT TO PRE-EXISTING PURPORTED CLASS ACTION LITIGATION FOR WHICH YOU MAY BE A PUTATIVE CLASS MEMBER; AND
• DISPUTES THAT MAY ARISE AFTER THE TERMINATION OF THESE TERMS.

 

THIS ENTIRE SECTION SHALL SURVIVE TERMINATION OF THESE TERMS OR THE PARTIES’ RELATIONSHIP OR THE END OF YOUR USE OF THE SITE.

 

MANDATORY INFORMAL DISPUTE PROCESS FOR ALL DISPUTES

 

The Parties agree to engage in pre-suit/pre-arbitration discussions for a period of no less than sixty (60) days after commencement of the Informal Dispute Process (as defined below). During this sixty (60) day period, the Parties will communicate directly about any Dispute and attempt to resolve it without initiating either a lawsuit or arbitration (the “Informal Dispute Process”). Completion of this Informal Dispute Process and expiration of the sixty (60) day period shall be an express condition precedent to either Party commencing a lawsuit or filing and serving an Arbitration Demand in accordance with the Arbitration Agreement. You and ALO agree that any action commenced in court or arbitration without first exhausting the Informal Dispute Process shall be defective and subject to dismissal.

 

THE INFORMAL DISPUTE PROCESS SHALL COMMENCE UPON EITHER PARTY RECEIVING FROM THE OTHER A WRITTEN NOTICE (“NOTICE”), WHICH NOTICE MUST DESCRIBE THE FACTS AND CIRCUMSTANCES OF THE DISPUTE AND THE SPECIFIC RELIEF SOUGHT AND INCLUDE ANY SUPPORTING DOCUMENTATION. Your Notice must be personally signed by you and mailed via certified or registered mail with proof of receipt to us at ALO, LLC, Attention: Legal Department, 9830 Wilshire Blvd., Beverly Hills, CA 90212. You must also email a copy of the notice to [email protected]. ALO’s notice to you must be sent to your last-used billing address or to the billing and/or shipping address in your online profile.

 

CLASS WAIVER; JURY TRIALWAIVER; VENUE

 

WHERE PERMISSIBLE, DISPUTES SHALL BE BROUGHT IN COURT ON AN INDIVIDUAL BASIS

 

TO THE FULLEST EXTENT PERMITTED BY APPLICABLE LAW, YOU AND ALO AGREE THAT ANY DISPUTE RESOLUTION PROCEEDINGS WILL BE CONDUCTED ONLY ON AN INDIVIDUAL BASIS AND NOT IN A CLASS, CONSOLIDATED, COLLECTIVE, OR REPRESENTATIVE ACTION, INCLUDING ANY JOINT OR CONSOLIDATED LAWSUIT OR JOINT OR CONSOLIDATED ARBITRATION OF ANY KIND. YOU FURTHER AGREE THAT YOU WILL NOT BE A MEMBER OF ANY PUTATIVE OR ACTUAL CLASS IN A CLASS ACTION BROUGHT BY ANYONE ELSE AGAINST ALO, ITS OFFICERS, DIRECTORS, EMPLOYEES, REPRESENTATIVES, AGENTS, PARENTS, SUBSIDIARIES AND/OR RELATED COMPANIES, NOR WILL YOU SEEK TO BECOME A CLASS REPRESENTATIVE. ADDITIONALLY, IN ANY ACTION YOU INITIATE AGAINST ALO, ITS OFFICERS, DIRECTORS, EMPLOYEES, REPRESENTATIVES, AGENTS, PARENTS, SUBSIDIARIES AND/OR RELATED COMPANIES, ANY RELIEF YOU SEEK WILL BE CONFINED TO RELIEF ON YOUR OWN BEHALF.  

 

Together, the terms in the preceding paragraph shall be called and operate as the “Class Waiver.”

 

In jurisdictions where applicable law permits application of the Class Waiver to Disputes brought in court, Disputes must be brought in court, and only on an individual basis in accordance with the Class Waiver. For any Disputes brought in court, the Parties agree to exclusive jurisdiction and venue in any state or federal court in the State of California. To the extent permissible under applicable law, any such cases shall be decided by a judge and not a jury; the Parties mutually waive their right to have their Dispute decided by a jury.

 

Disputes regarding the enforceability, revocability, or validity of the Class Waiver may be resolved only by a civil court of competent jurisdiction and not by an arbitrator.

 

ARBITRATION AGREEMENT

 

In jurisdictions where applicable law prohibits the Class Waiver from applying to a Dispute to the extent it is brought in Court, DISPUTES SHALL BE RESOLVED THROUGH BINDING INDIVIDUAL ARBITRATION, RATHER THAN IN COURT.

 

THE FEDERAL ARBITRATION ACT SHALL APPLY TO THIS AGREEMENT. BY CONSENTING TO ARBITRATION, THE PARTIES DO NOT LIMIT IN ANY WAY EITHER PARTY’S STATUTORY OR COMMON LAW RIGHTS OR POTENTIAL REMEDIES TO WHICH EITHER PARTY WOULD BE ENTITLED WERE A DISPUTE BEING HEARD IN A COURT.

 

Any arbitration will be administered by National Arbitration and Mediation (“NAM”) and governed by NAM’s applicable rules (including the Comprehensive Dispute Resolution Rules and Procedures and/or the Supplemental Rules for Mass Arbitration Filings, as applicable) (“NAM Rules”), as modified by these Terms. You may obtain a form to initiate arbitration as set forth in the NAM Rules available online at www.NAMADR.com, by emailing NAM at [email protected], or by written request to [email protected]; this form must be personally signed by the Party initiating arbitration (and their counsel, if represented). The Parties agree that any counsel representing a Party in arbitration must comply with the requirements of Federal Rule of Civil Procedure 11(b), and that the arbitrator may impose any sanctions against all appropriate represented Parties and counsel if he or she determines a Dispute is frivolous.

 

The arbitration shall occur through the submission of documents to one (1) arbitrator. If the arbitrator determines that a hearing is necessary, the hearing shall be conducted remotely by telephone or video conference. If the arbitrator determines that an in-person hearing is necessary, the hearing will take place in the United States county where you live or work or such other location agreed upon by both Parties. Pursuant to the NAM Rules, the Parties will endeavor to mutually select an arbitrator after commencement of the action.

 

If the Parties cannot submit a joint pre-hearing and hearing schedule, each Party will submit their own schedule to NAM. If only one (1) schedule is submitted, that schedule will be delivered to the arbitrator for his or her consideration. The arbitrator may adopt the schedule submitted by one (1) Party in the absence of a competing or joint schedule.

 

Payment of all filing, administration, and arbitrator fees will be governed by the NAM Rules and applicable fee sheet, as determined by NAM. All issues relating in any way to arbitration—including the applicability, scope, and enforceability of the arbitration provisions of these Terms—are for the arbitrator to decide. The arbitrator may consider but shall not be bound by rulings in other arbitrations involving different customers. At the conclusion of the arbitration proceeding, the arbitrator shall issue a reasoned written decision sufficient to explain the essential findings and conclusions on which the award is based. The arbitrator’s decision on all procedural and substantive issues is binding only between the Parties and will not have any preclusive effect in another arbitration or proceeding that involves a different party. An arbitrator’s award that has been fully satisfied shall not be entered in any court.

 

The Parties shall each be limited to a maximum of one (1) fact witness deposition per side, unless the Parties agree otherwise or the arbitrator determines that more depositions are warranted based on the totality of circumstances (including the amount in controversy, the complexity of the factual issues, the number of parties and the diversity of their interests, and whether any or all of the Disputes appear, on the basis of the pleadings, to have sufficient merit to justify the time and expense associated with the requested discovery). Document requests shall be limited to documents that are directly relevant to the matter(s) in dispute or to its outcome; shall be reasonably restricted in terms of time frame, subject matter and persons or entities to which the requests pertain; shall not include broad phraseology such as “all documents directly or indirectly related to”; and shall not be encumbered with extensive “definitions” or “instructions.” The arbitrator may edit or limit the number of document requests based on the totality of circumstances, including the factors listed above.

 

The arbitrator shall determine in accordance with the applicable rules, without limitation, all issues regarding filing fees, form of pleadings, procedures for payment, criteria for any Arbitration Demand, Answer and other claim, locale, seat, arbitrator selection and disclosures, exchange of information, and presentation of evidence. A court of competent jurisdiction shall have the authority to enforce this entire Arbitration Agreement and, if necessary, to enjoin the mass filing, prosecution, or administration of arbitrations and the assessment of arbitration fees.

 

Confidentiality: The Parties agree that confidential information of either Party disclosed during the arbitration (whether in documents or orally) shall not be used or disclosed except in connection with the arbitration or a proceeding to enforce or vacate the arbitration award, and that any permitted court filing of confidential information must be done under seal to the furthest extent permitted by law.

 

Settlement Offers: Either Party may invoke the provisions of California Code of Civil Procedure Section 998.

 

Opt-Out: Within thirty (30) days of agreeing to these Terms, you may opt out of this Arbitration Agreement by providing your individual, personally signed notice of your intention to opt out by sending ALO an email to [email protected]. Such email must be sent by you personally, and not by your agent, attorney, or anyone else purporting to act on your behalf. The opt-out notice must be sent within thirty (30) days of your first use of our Site. Individuals who timely opt out can bring their Disputes in court but are still subject to the Class Waiver.

 

Exceptions: Notwithstanding the Parties’ agreement to resolve Disputes through arbitration (i) either Party may seek relief in a small claims court for Disputes or claims within the scope of that court’s jurisdiction; and (ii) either Party may bring suit in court to enjoin infringement or other misuse of intellectual property rights or confidential information. The route to small claims court shall only be the result of a direct filing by a Party. As set forth above, a Dispute commenced in arbitration may not be secondarily directed to small claims court per otherwise applicable rules. Any institution of any action for injunctive relief will not constitute a waiver of the right or obligation of the claiming Party to submit any claim seeking relief other than injunctive relief to arbitration.

 

Special Procedures for Mass Filings

To the extent an arbitration falls within NAM’s definition of a mass filing, the Parties agree to the procedures set forth below and in NAM’s Mass Filing Supplemental Dispute Resolution Rules and Procedures (“NAM’s Mass Filing Rules,” available at https://www.namadr.com/resources/rules-fees-forms). Any applicable limitations period (including statute of limitations) and any filing fee deadlines shall be tolled beginning when the Informal Dispute Process is initiated, until the Dispute is selected to proceed as part of a staged process or is settled, withdrawn, otherwise resolved, or opted out of arbitration.

 

Counsel for each side shall select ten (10) Disputes (twenty (20) Disputes total) to be filed and to proceed in individual arbitrations as part of a staged process. Each of these individual arbitrations shall be assigned to a different, single arbitrator unless the Parties agree otherwise in writing. No administrative fees will be assessed in connection with any remaining Disputes, unless and until they are selected to be filed in individual arbitration proceedings as part of a staged process. After this initial set of staged proceedings is completed, the Parties shall promptly engage in a global mediation session of all remaining Disputes with a retired federal or state court judge, unless the Parties agree otherwise.

 

If the remaining Disputes are not resolved at this time, counsel for the Parties shall each select an additional ten (10) Disputes per side (twenty (20) Disputes total) to be filed and to proceed in individual arbitrations as part of a second staged process, subject to any procedural changes the Parties agreed to in writing. This process shall continue, consistent with this staged process set forth above in this subsection, by administering and moving forward a maximum of twenty (20) individual arbitration proceedings at a time until the Parties are able to resolve all of the Disputes, either through settlement or arbitration.

 

A court of competent jurisdiction shall have the authority to enforce this entire Dispute Resolution and Arbitration Agreement section and, if necessary, to enjoin the mass filing, prosecution, or administration of arbitrations and the allocation of arbitration fees. If these additional procedures apply to your Dispute, and a court of competent jurisdiction determines that they are not enforceable as to your Dispute, then your Dispute shall proceed in a court of competent jurisdiction consistent with the remainder of these Terms.

 

TIME LIMITS

 

To the fullest extent permitted by applicable law, YOU AGREE THAT ANY CAUSE OF ACTION ARISING OUT OF OR RELATED TO ANY DISPUTE MUST COMMENCE WITHIN ONE (1) YEAR AFTER THE CAUSE OF ACTION ACCRUES. OTHERWISE, THAT CAUSE OF ACTION IS PERMANENTLY BARRED. For purposes of this provision, a Dispute is considered commenced at the time the Notice (defined above) is sent. To the extent a Dispute is filed in court or arbitration without first providing such Notice (which would be contrary to these Terms, as set forth above), the Dispute is deemed commenced at the time of such filing.

 

 

PROHIBITED USES

 

The Site may be used only for lawful purposes and is available only for your personal, non-commercial use which shall be limited to viewing the Site, purchasing products, providing information to the Site and downloading product information for your personal review. Any permission granted herein terminates automatically without further notice if you breach any of the Terms. Upon such termination, you agree to immediately destroy any downloaded and/or printed materials. Any unauthorized use of any material contained on this Site may violate domestic and/or international copyright laws, the laws of privacy and publicity, and communications regulations and statutes. You are responsible for your own communications, including the transmission, posting and uploading of information, and are responsible for the consequences of such communications to the Site. ALO specifically prohibits any use of the Site, and requires all users to agree not to use the Site, for any of the following:

• Posting any information which is incomplete, false, inaccurate or not your own
• Engaging in conduct that would constitute a criminal offense, giving rise to civil liability or otherwise violate any city, state, national or international law or regulation, or that would fail to comply with accepted Internet protocol
• Communicating, transmitting or posting material that is copyrighted or otherwise owned by a third party unless you are the copyright owner or have the permission of the owner to post it
• Communicating, transmitting or posting material that reveals trade secrets, unless you own them or have the permission of the owner
• Communicating, transmitting or posting material that infringes on any other intellectual property, privacy or publicity right of another
• Communicating, transmitting or transferring (by any means) information or software derived from the site to foreign countries or certain foreign nations in violation of any applicable export control laws
• Attempting to interfere in any way with the Site’s or ALO’s networks or network security, or attempting to use the Site’s service to gain unauthorized access to any other computer system
• Communicating, transmitting or posting material that is in violation of applicable laws or regulations
• Using the Site to harass, disrupt, or unlawfully interfere with ALO business interests

 

ORDERS AND PURCHASES

 

In an effort to enhance your shopping experience and give as many customers as possible the opportunity to purchase ALO merchandise, we may place limits on purchases and we do not authorize the purchase of commercial quantities of merchandise. We also may, among other things, restrict orders placed by or under the same customer account, the same credit card and/or orders that use the same billing and/or shipping address. We reserve the right to limit, cancel or prohibit orders that, in our judgment, appear to be placed in violation of this policy. We further reserve the right to cease doing business with customers who violate this policy. We may modify this policy at any time without prior notice. This policy applies to all purchases of ALO merchandise, including, but not limited to, all purchases made at our retail stores, sample sales, warehouse sales and through our catalogs and websites.

 

In addition to the foregoing, ALO reserves the right to limit, cancel or prohibit orders made in connection with, appearing to take advantage of, or otherwise reasonably related to (i) any malfunction, glitch, or other technological errors occurring on the Site, and (ii) the use or misuse of any coupon code included in such order. 

 

You are responsible for contacting ALO within four weeks after ordering a product if the product has not been received. We will investigate any claims in a reasonably timely manner. ALO does not hold or accept responsibility for packages that have been reported as delivered by the carrier and does not take responsibility for lost, misplaced, or incorrectly delivered shipments if the address information you have provided is incorrect or was incorrectly entered at the time of purchase.    

 

 

SECURITY RULES

 

Violations of system or network security may result in civil or criminal liability. ALO investigates violations and may involve, and cooperate with, law enforcement authorities in prosecuting any user or users who are involved in such violations. You are prohibited from violating or attempting to violate the security of the Site, including, without limitation, the following:

• Accessing data not intended for you or logging on to an ALO server or account that you are not authorized to access
• Attempting to probe, scan or test the vulnerability of a system or network or to breach security or authentication measures without proper authorization (or succeeding in such an attempt)
• Attempting to interfere or interfering with the operation of our Site, our provision of services to any other visitors to our Site and our hosting provider or our network, including, without limitation, via means of submitting a virus to the Site, overloading, “flooding,” “email bombing” or “crashing” the Site
• Forging any TCP/IP packet header or any part of the header information in any email or transmission or posting to our Site

 

PRIVACY POLICY

 

Notwithstanding anything else to the contrary contained in these Terms of Use, ALO’s collection, use, disclosure and sharing of any personally identifiable information you provide via the Site shall be governed by our Privacy Policy and our Cookie Policy.  For further information regarding ALO's collection, protection, and use of your personal information, please refer to our Privacy Policy and our Cookie Policy.  By accepting these Terms, you also agree to be bound by each of the Privacy Policy and the Cookie Policy, which are incorporated by reference hereby.

 

PRODUCT AND PRICING INFORMATION

The pricing shown to you through use of ALO’s website and ALO's mobile app may only be good for purchases made online and may differ from in-store pricing.

Although ALO has made every effort to display our products and their colors, textures and appearance as accurately as possible, the displayed attributes of the products depend upon the device display settings of the user, and ALO cannot guarantee that the user's device will accurately portray the actual attributes of the products. Products displayed may be out of stock or discontinued, and prices are subject to change. ALO is not responsible for typographical errors regarding price or any other matter. Likewise, ALO does not warrant the accuracy of customer product ratings, comments or feedback.

 

SALE EXCLUSIONS

 

Alo reserves the right to exclude certain products from sales and promotions, including but not limited to: Premium Collections (Aspen Collection, Atelier Collection, sports equipment), Cashmere, Advent Calendar, Alo Yoga Gift Cards, Alo Moves Gift Cards, Alo Moves Memberships. Exclusions may change at any time, without notice. Alo also reserves the right to limit or prohibit the use of offers, programs, promotional codes, discounts, or coupons during certain sales events.

 

PROPRIETARY RIGHTS

 

As between you and ALO (or any other company whose marks appear on the Site), ALO (or the respective company) is the owner and/or authorized user of any registered or unregistered trademark, trade name and/or service mark appearing on the Site, and is the copyright owner or licensee of the Materials and Content on the Site, unless otherwise indicated. The ALO logos, designs, titles, phrases and product names and the copyrights, trademarks, service marks, trade dress and/or other intellectual property in such materials (collectively, "ALO Intellectual Property") are owned by ALO and may be registered in the United States and internationally. You agree not to display or use ALO Intellectual Property in any manner without ALO 's prior permission. Nothing on the Site should be construed to grant any license or right to use any ALO Intellectual Property without the prior written consent of ALO. Except as otherwise provided herein, use of the Site does not grant you a license to any Materials and Content or features you may access on the Site and you may not modify, rent, lease, loan, sell, distribute or create derivative works of such Materials and Content, features or materials, in whole or in part. Any commercial use of the Site is strictly prohibited, except as allowed herein or otherwise approved by us. You may not download or save a copy of any of the Materials and Content or screens for any purpose except as otherwise provided by ALO. If you make use of the Site, other than as provided herein, in doing so you may violate copyright and other laws of the United States and/or other countries, as well as applicable state laws, and you may be subject to liability for such unauthorized use. The information on the Site, including, without limitation, all site design, text, graphics, interfaces and the selection and arrangements of such is protected by law, including, but not limited to, copyright law. 

 

USER CONTENT AND MATERIAL

 

We do not claim ownership of user-generated content and material. Any and all photographs, articles, images, graphics, videos, sounds, music, audio recordings, text, files, profiles, communications, comments, feedback, suggestions, ideas, concepts, questions, data or other content that you (i) submit or post on the Site, on any of our blogs, social media accounts or through tools or applications we provide for posting or sharing such content with us; or (ii) have posted or uploaded to your social media accounts, including but not limited to Instagram, Twitter, Facebook, Tumblr and Pinterest, which are tagged with #ALOYOGA or any other ALO promoted hashtag (collectively "User Content") shall be deemed non-confidential and non-proprietary. By submitting or posting any User Content, you grant to ALO and its affiliates a perpetual, irrevocable, royalty-free, worldwide, sub-licensable and transferable license to copy, publish, translate, modify, reformat, create derivative works from, distribute, reproduce, sell, display, transmit, publish, broadcast, host, archive, store, cache, use or otherwise exploit all or any portion of the User Content, as well as your name, persona and likeness included in any User Content and your social media account handle, username, real name, profile picture and/or any other information associated with the User Content, in any commercial or noncommercial manner whatsoever, in whole or in part, in any and all distribution channels, forms, media or technology, whether now known or hereafter developed, including but not limited to in stores, printed marketing materials, emails, web pages, social media accounts and for any other marketing, advertising, public relations, sales or promotional purposes with or without attribution and without further notice to you.

 

You additionally acknowledge and agree that any reviews posted to the Site (including without limitation any pictures, images, or other multimedia included in such review, and which reviews constitute User Content) (“Reviews”), may be “shared” or re-posted on social media by any person or persons accessing the site. You hereby grant to all Site users interacting with your Review(s) a perpetual, irrevocable, royalty-free, worldwide, sub-licensable and transferable license to copy, publish, translate, modify, reformat, create derivative works from, distribute, reproduce, sell, display, transmit, publish, broadcast, host, archive, store, cache, use or otherwise exploit all or any portion of the Reviews, as well as your name, persona and likeness included in any Review and your social media account handle, username, real name, profile picture and/or any other information associated with the Review, in any commercial or noncommercial manner whatsoever, in whole or in part, in any and all distribution channels, forms, media or technology, whether now known or hereafter developed.

 

Neither you, nor any other person or entity, will have the right to (i) receive any royalty or consideration of any kind for the use of the User Content pursuant to these Terms or (ii) inspect or approve the editorial copy or other material that may be used in connection with the User Content. ALO will be free to use any ideas, concepts, know-how or techniques contained in such User Content for any purpose whatsoever, including but not limited to developing, manufacturing and marketing products that incorporate or otherwise rely upon such information. ALO shall have no obligation to monitor User Content, use or display User Content, compensate you for submitting User Content or respond to any User Content. ALO retains the right, in its sole discretion and without prior notice, to remove, revise or refuse to post any User Content for any reason or no reason. Subject to the licenses granted in these Terms, you retain ownership of any copyright and other rights you may have in the User Content. By submitting or posting User Content on the Site, on your social media accounts or through any tools or applications we provide for posting or sharing your User Content with us, you represent and warrant that (i) you own or control any and all rights in and to the User Content, and the right to grant all of the rights and licenses in these Terms, and if you are not the holder of such rights, the holder of such rights has completely and effectively waived all such rights and irrevocably granted you the right to grant the licenses stated above without the need for payment to you or any other person or entity; (ii) you have obtained permission from any individuals that appear in the User Content to use, and grant others the right to use, their name, image, voice and/or likeness without the need for payment to you or any other person or entity; (iii) you are 18 years of age or older; and (iv) the User Content does not (a) contain false or misleading information, (b) infringe on the intellectual property, privacy, publicity, statutory, contractual or other rights of any third party, (c) contain any libelous, defamatory, obscene, offensive, threatening or otherwise harassing or hateful content, (d) contain any addresses, email addresses, phone numbers or any contact information or (e) contain computer viruses, worms or other harmful files. Upon request by ALO, you will furnish ALO any documentation, substantiation or releases necessary to verify your compliance with these Terms.

 

You are solely responsible for the User Content and you hereby agree to indemnify and hold ALO and its employees, agents, affiliates, assigns and licensees harmless from any and all damages, claims, expenses, costs or fees arising from or in connection with a breach of any of the foregoing representations or your violation of any law or rights of a third party. ALO does not guarantee the truthfulness, accuracy or reliability of any User Content or endorse any opinions expressed by you or anyone else. By submitting or posting the User Content you fully and unconditionally release and forever discharge ALO and its officers, directors, employees and agents from any and all claims, demands and damages (actual or consequential, direct or indirect), whether now known or unknown, of every kind and nature relating to, arising out of or in any way connected with: (i) disputes between you and one or more users or any other person or entity, or (ii) the use by ALO or you of the User Content, including, without limitation, any and all claims that use of the User Content pursuant to these Terms violates any of your intellectual property rights, copyrights, rights of publicity or privacy, "moral rights," or rights of attribution and integrity. You acknowledge and agree that ALO has no control over, and shall have no liability for any damages resulting from, the use (including, without limitation, re-publication) or misuse by you or any third party of any User Content. ALO acts as a passive conduit for User Content and has no obligation to screen or monitor User Content. If ALO becomes aware of any User Content that allegedly may not conform to these Terms, ALO may investigate the allegation and determine in its sole discretion whether to take action in accordance with these Terms. ALO has no liability or responsibility to Users for performance or nonperformance of such activities.

 

 

ALO HAS THE ABSOLUTE RIGHT TO REMOVE AND/OR DELETE WITHOUT NOTICE ANY USER CONTENT WITHIN ITS CONTROL THAT IT DEEMS OBJECTIONABLE. YOU CONSENT TO SUCH REMOVAL AND/OR DELETION AND WAIVE ANY CLAIM AGAINST ALO FOR SUCH REMOVAL AND/OR DELETION. ALO IS NOT RESPONSIBLE OR LIABLE FOR FAILURE TO STORE POSTED CONTENT OR OTHER MATERIALS YOU TRANSMIT THROUGH THE SITE. YOU SHOULD TAKE MEASURES TO PRESERVE COPIES OF ANY DATA, MATERIAL, CONTENT OR INFORMATION YOU POST ON THE SITE OR ANY OTHER SITES OR PLATFORMS.

 

COPYRIGHT COMPLAINTS

 

ALO respects the intellectual property of others, and we ask our users and visitors to do the same. If you believe that your work has been copied in a way that constitutes copyright infringement, please provide ALO with the following information required by the Online Copyright Infringement Liability Limitation Act of the DMCA, 17 U.S.C. § 512 ("DMCA"). Please be advised that to be effective, the Notice must include ALL of the following:

• a physical or electronic signature of a person authorized to act on behalf of the owner of an exclusive right that is allegedly infringed;
• identification of the copyright work claimed to have been infringed, or, if multiple copyrighted works at a single online site are covered by a single notification, a representative list of such works at that site;
• identification of the material that is claimed to be infringing or to be the subject of infringing activity and information reasonably sufficient to permit us to locate the material;
• information reasonably sufficient to permit us to contact the complaining party;
• a statement that the complaining party has a good-faith belief that use of the material in the manner complained of is not authorized by the copyright owner, its agent or the law; and
• a statement that the information in the notification is accurate, and under penalty of perjury, that the complaining party is authorized to act on behalf of the owner of an exclusive right that is allegedly infringed.

 

Notices of claimed copyright infringement and counter-notices should be directed to:

By mail:
ALO, LLC

Attn: Legal

9830 Wilshire Blvd

Beverly Hills, CA 90212

By email: [email protected]
 

 

(For both mail and email notices, please include "Notice of Infringement" in the subject line.) Upon receipt of notices complying with the DMCA, ALO will act to remove or disable access to any material found to be infringing or found to be the subject of infringing activity and will act to remove or disable access to any reference or link to material or activity that is found to be infringing. It is often difficult to determine if your intellectual property rights have been violated. We may request additional information before we remove any infringing material. If a dispute develops as to the correct owner of the rights in question, we reserve the right to remove your content along with that of the alleged infringer pending resolution of the matter. We may give you notice that we have removed or disabled access to certain content or material. If you receive such a notice, you may provide counter-notification in writing to the designated agent that includes the information below. To be effective, the counter-notification must be a written communication that includes the following:

• your physical or electronic signature;
• identification of the material that has been removed or to which access has been disabled, and the location at which the material appeared before it was removed or access to it was disabled;
• statement from you under the penalty of perjury that you have a good-faith belief that the material was removed or disabled as a result of a mistake or misidentification of the material to be removed or disabled; and
• your name, physical address and telephone number, and a statement that you consent to the jurisdiction of a Federal District Court for the judicial district in which your physical address is located, or if your physical address is outside of the United States, for any judicial district in which ALO may be found, and that you will accept service of process from the person who provided notification of allegedly infringing material or an agent of such person.

 

IMPORTANT NOTE: THE PRECEDING INFORMATION IS PROVIDED EXCLUSIVELY FOR NOTIFYING ALO ABOUT INFRINGEMENTS OF COPYRIGHTED MATERIAL. ALL OTHER INQUIRIES, SUCH AS PRODUCT- OR SERVICE-RELATED QUESTIONS AND REQUESTS, OR QUESTIONS ON PRIVACY, WILL NOT RECEIVE A RESPONSE THROUGH THIS PROCESS AND INSTEAD SHOULD BE SENT THROUGH THE MEANS DESCRIBED IN OUR CONTACT US PAGE OF THIS WEBSITE. 

 

DISCLAIMERS AND LIMITATION OF LIABILITY

 

ALO publishes information on its Site as a convenience to its visitors. While ALO attempts to provide accurate and timely information, there may be inadvertent technical or factual inaccuracies and typographical errors. We reserve the right to make corrections and changes to the Site at any time without notice. The ALO products described on the Site may not be available in your region. ALO does not claim that the information on the Site is appropriate to your jurisdiction or that the products described on its Site will be available for purchase in all jurisdictions. Alo is not responsible for any potential reactions, allergic or otherwise, that you experience when purchasing our products. Our products comply with all required federal and local regulations as to fabric content.  If you have questions about particular fabrics and potential allergies, we suggest you consult with your physician before making a purchase via this Website. You assume all responsibility and risk with respect to your use of the Site, which is provided "AS IS."

 

 

ALO DISCLAIMS ALL WARRANTIES, CONDITIONS, REPRESENTATIONS AND ENDORSEMENTS OF ANY KIND, EITHER EXPRESS OR IMPLIED, WITH REGARD TO INFORMATION ACCESSED FROM OR VIA THE SITE, INCLUDING, WITHOUT LIMITATION, ALL CONTENT AND MATERIALS, FUNCTIONS AND SERVICES PROVIDED ON THE SITE, WHICH ARE PROVIDED WITHOUT WARRANTY OF ANY KIND, INCLUDING, BUT NOT LIMITED TO, ANY WARRANTIES CONCERNING THE AVAILABILITY, ACCURACY, COMPLETENESS, USEFULNESS OR CONTENT OF INFORMATION, UNINTERRUPTED ACCESS AND ANY WARRANTIES OF TITLE, NON-INFRINGEMENT, MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE. ALO DOES NOT WARRANT THAT THE SITE OR ITS FUNCTION OR THE CONTENT AND MATERIALS OR THE SERVICES MADE AVAILABLE THEREBY WILL BE TIMELY, SECURE, UNINTERRUPTED OR ERROR-FREE, OR THAT DEFECTS WILL BE CORRECTED. ALO MAKES NO WARRANTY THAT THE SITE WILL MEET USERS' EXPECTATIONS OR REQUIREMENTS. NO ADVICE, RESULTS OR INFORMATION, OR MATERIALS WHETHER ORAL OR WRITTEN, OBTAINED BY YOU THROUGH THE SITE SHALL CREATE ANY WARRANTY NOT EXPRESSLY MADE HEREIN. IF YOU ARE DISSATISFIED WITH THE SITE, YOUR SOLE REMEDY IS TO DISCONTINUE USING THE SITE. ANY MATERIAL DOWNLOADED OR OTHERWISE OBTAINED THROUGH THE USE OF THE SITE IS DONE AT YOUR OWN DISCRETION AND RISK AND YOU WILL BE SOLELY RESPONSIBLE FOR ANY DAMAGE THAT RESULTS FROM THE DOWNLOAD OF ANY SUCH MATERIAL.

 

ALO makes no warranties of any kind regarding any non- ALO sites to which you may be directed or hyperlinked from this Site. Hyperlinks are included solely for your convenience, and ALO makes no representations or warranties with regard to the accuracy, availability, suitability or safety of information provided in such non- ALO sites. ALO does not endorse, warrant or guarantee any products or services offered or provided by or on behalf of third parties on the Site. IN NO EVENT SHALL ALO, ITS AFFILIATES OR ANY OF THEIR RESPECTIVE DIRECTORS, OFFICERS, EMPLOYEES, AGENTS OR CONTENT OR SERVICE PROVIDERS BE LIABLE TO YOU FOR ANY DIRECT, INDIRECT, SPECIAL, INCIDENTAL, CONSEQUENTIAL, EXEMPLARY OR PUNITIVE DAMAGES, LOSSES OR CAUSES OF ACTION (WHETHER IN CONTRACT OR TORT, INCLUDING, BUT NOT LIMITED TO, NEGLIGENCE OR OTHERWISE) ARISING FROM OR IN ANY WAY RELATED TO THE USE OF, OR THE INABILITY TO USE, OR THE PERFORMANCE OF THE SITE OR THE CONTENT AND MATERIALS OR FUNCTIONALITY ON OR ACCESSED THROUGH THE SITE, INCLUDING, WITHOUT LIMITATION, LOSS OF REVENUE, OR ANTICIPATED PROFITS, OR LOST BUSINESS, DATA OR SALES OR ANY OTHER TYPE OF DAMAGE, TANGIBLE OR INTANGIBLE IN NATURE, EVEN IF ALO OR ITS REPRESENTATIVE OR SUCH INDIVIDUAL HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. SOME JURISDICTIONS DO NOT ALLOW THIS LIMITATION OR EXCLUSION OF LIABILITY, SO SOME OF THE ABOVE LIMITATIONS MAY NOT APPLY TO YOU.

 

 

INDEMNITY

 

You agree to defend, indemnify and hold ALO, its directors, officers, employees, agents and affiliates harmless from any and all claims, liabilities, damages, costs and expenses, including reasonable attorneys' fees, in any way arising from, related to or in connection with your use of the Site, your violation of the Terms or the posting or transmission of any materials on or through the Site by you, including, but not limited to, any third-party claim that any information or materials you provide infringes any third-party proprietary right.

 

GOVERNING LAW AND DISPUTES

 

These Terms shall be governed by, construed and enforced in accordance with the laws of the State of California, without giving effect to any conflict of law provisions, except to the extent governed by federal law.

 

GENERAL INFORMATION 

 

These Terms, along with the Privacy Policy, Cookie Policy, and Access Terms (as defined below), constitute the entire agreement between you and ALO and govern your use of the Site (collectively, the “Agreement”), and they supersede any prior agreements between you and ALO. You also may be subject to additional terms and conditions that are applicable to certain parts of the Site. ALO may terminate this Agreement and deny you access to the Site at any time, immediately and without notice, if in ALO’s sole discretion you fail to comply with any provision of the Agreement. You agree that no joint venture, partnership, employment or agency relationship exists between ALO and you as a result of this Agreement or your use of the Site. The failure of ALO to exercise or enforce any right or provision of these Terms shall not constitute a waiver of such right or provision. You may not assign the Terms or any of your rights or obligations under the Terms without ALO’s express written consent. The Terms inure to the benefit of ALO’s successors, assigns, affiliates and licensees. The section titles in these Terms are for convenience only and have no legal or contractual effect. To contact us with any questions or concerns in connection with these Terms or the Site, or to provide any notice under these Terms to us, please refer to our Contact Us page of this website.

 

SEVERABILITY

 

Each section, paragraph, part, term, and/or provision of these Terms shall be considered severable; and if, for any reason, any provision herein is determined to be invalid and contrary to, or in conflict with, any existing or future law or regulation by a court or agency having valid jurisdiction, such provision shall not impair the operation, or have any other effect upon, other provisions of these Terms as may remain otherwise intelligible, and the latter shall continue to be given full force and effect to bind you and ALO; and said invalid provisions shall be deemed not to be part of these Terms.

 

However, notwithstanding the preceding paragraph or any other provisions in these Terms, if the Class Waiver is found to be void or unenforceable as to a Dispute brought in arbitration, the Dispute shall proceed and be resolved in court and NOT by arbitration.

 

PRO PROGRAM TERMS AND CONDITIONS

• The Alo Yoga Pro discount can be used for purchases made at aloyoga.com and our US store locations only. The discount does not apply to Alo Yoga products purchased at any other locations. Please visit our stores page for all participating locations.
• Pro Program discount applies to full-price items only. Select exclusions apply: Sale items, Gift Cards, Alo Moves Memberships, Mala Beads, Advent Beauty Calendar, Aspen Collection and Alo Glow System excluded. Discount cannot be applied to expedited shipping fees, taxes, or prior purchases.
• The maximum amount that may be purchased under the Pro Program using the Discount is $5,000 per Pro Member per calendar year, based on the original price of the merchandise before discount (excluding sales tax).
• As much as we love you spreading the word about Alo, the Pro Program discount is for personal use only. Pro Members cannot use discount to purchase products for anyone other than the Member, including Member’s friends, students, family, or as gifts. Members may not allow others to use their discount. Members may not resell any product purchased with discount. If it is discovered that you have violated these terms, Alo Yoga reserves the right to remove you from the program without notice.
• As an Alo Yoga Pro, you will continue to promote the Alo Yoga brand in a positive and professional manner on any websites, blogs and social media accounts.
• By applying to the Pro Program, you agree to receive emails about events and activities organized by, held at, or otherwise associated with Alo Yoga as well as Alo stores, promotional emails related to the Pro Program, including but not limited to Friends & Family invitations, and general Alo marketing emails.
• Alo Yoga Pro Program discounts cannot be combined with any other offers, programs, promotional codes, promotional sales events, discounts, or coupons.
• Alo Yoga reserves the right to require Pro Member to provide proof of continued eligibility for the Pro Program at any time.
• Alo Yoga reserves the right to modify, suspend, revoke, or terminate the Pro Program and/or the discount at any time, for any reason, without notice, which can include refusal of discount at the time of purchase.

 

ALO ACCESS TERMS AND CONDITIONS 

  

These terms and conditions (“Access Terms”) are incorporated into the Alo, LLC (“Alo”) Terms of Use and Service. Your use of the Alo Access rewards program (the “Program”) constitutes your agreement to follow and be bound by the Access Terms. The Program is available to users located within the United States of America, and as of August 17, 2023, to users located outside of the United States of America.  If you do not agree to these Access Terms, you should not access or use the Program. Alo reserves the right to make changes to the Program and to these Access Terms from time to time. When we make changes, we will post them here. For this reason, we encourage you to review these Access Terms whenever you take advantage of the Access Program, and you agree to accept any such changes. ALO provides you with access to and use of the Program subject to your compliance with the Access Terms.

 

PRIVACY POLICY – PERSONAL INFORMATION

 

Notwithstanding anything else to the contrary contained in these Access Terms, ALO's collection, use, disclosure and sharing of any personally identifiable information you provide via the Program shall be governed by our Privacy Policy.  For further information regarding ALO's protection of your personal information, please refer to our Privacy Policy.

  

By signing up to the Program, you agree to receive emails relating specifically to the Program. These emails are designed to include content relating to your rewards, your points balance and news relating to the Program. You can unsubscribe or change your email preferences at any time by clicking on the unsubscribe options in the footer of our emails.

   

BY PARTICIPATING IN THE ALO ACCESS PROGRAM, YOU AFFIRM THAT YOU ARE 18 YEARS OR OLDER TO ENTER INTO THESE ACCESS TERMS, OR, IF YOU ARE NOT, THAT YOU ARE 13 YEARS OR OLDER AND HAVE OBTAINED PARENTAL OR GUARDIAN CONSENT TO ENTER INTO THESE ACCESS TERMS.

 

ALO ACCESS PROGRAM

 

There are three tiers of membership in the Program: VIP, A-list and All Access.  Achieving A-List or All Access status requires a minimum number of points within a 12-month period.  Benefits vary by tier. Note that for qualifying purchases made in currencies other than US Dollars, points accrue in the US Dollar equivalent as of the date of purchase.

 

VIP (0-299 points = 0-299 US Dollars)

 

All members are automatically VIP upon enrollment in the Program.  A member will remain a VIP unless and until the points required to reach A-list or All-Access status is met.

 

A-List (300-999 points = 300-999 US Dollars)

 

A-List status is for Alo Access members who have a minimum of 300 points (equivalent to 300 US Dollars spent on merchandise) within a 12-month period.  A-List status is effective from the date it is earned for a 12-month period.  If a member does not requalify for A-List status during such 12-month period, and does not qualify for All Access status, the member will revert to VIP status.

 

All Access (1000 points = 1000 US Dollars+)

 

All Access status is for Alo Access members who have a minimum of 1000 points (equivalent to 1000 US Dollars spent on merchandise) within a 12-month period.  All Access status is effective from the date it is earned for a 12-month period.  If a member does not requalify for All Access status during such 12-month period and does not qualify for A-List status, the member will revert to VIP status.

 

ALO ACCESS POINTS

 

 

The Program allows you to earn points (“Points”) for purchases made on our website and in our retail stores located in the United States of America (and stay tuned for the inclusion of purchases made in our international retail stores). You can use these Points to earn discounts off purchases and other rewards (collectively, “Rewards”) as specified by Alo. Earning Points and Rewards are subject to the following conditions:

• To qualify for Alo Access Points, you must register for an Alo Access account. Customers who already have an Alo account will automatically have an Alo Access account.
• Points cannot be used in conjunction with any other offer.
• Purchases made using guest checkout will not add Points to your Alo Access account, please ensure you are signed in to earn your points for every purchase. Alo cannot add on Points post purchase.
• Points earned for purchases and referrals are pending, and will be approved within 7 days following any applicable purchase or referral. Any Points accrued from purchases that are later returned will be automatically removed from your account.
• Points are accumulated via purchases on the aloyoga.com website and at our United States retail stores, and accrue at a value of 1 point per 1 US Dollar (or equivalent as of the date of purchase with respect to applicable international currencies)spent. To earn points in connection with a retail store purchase, you will need to provide the email associated with your Alo Access account.

• Any unredeemed points will expire at 11:59pm Pacific time on December 28 of the next calendar year regardless of activity. For example, points earned during 2023 will expire at 11:59pm Pacific time on December 28, 2024. Points earned on December 29-31 of each year will be treated as if they were earned in the next year for expiration purposes.

• Points will serve to qualify you for the Program tiers listed above, but are not otherwise redeemable.
• Points may not be exchanged for cash.
• Purchases of gift cards, and purchases made using gift cards do not qualify for Points. The Program does not apply to activity or purchases made in connection with the Alo Moves platform.
• You can only earn points for purchases made after the date your account became eligible to participate in the Alo Access program, unless otherwise stipulated by Alo.
• Points are only earned on the applicable retail price paid for products you have purchased. Additional costs such as shipping and handling charges, processing fees, and VAT or sales tax are not included when calculating your earned Points.
• Points may not be redeemed to cover costs beyond the applicable retail price of a product, such as shipping and handling charges, processing fees, or sales tax.
• Alo may transfer, cancel, withdraw or alter Points at any time, including these Access Terms and any Alo Access account, without notice.

 

ALO ACCESS BENEFITS

Please note that the following benefits are not available during the exclusion periods when Alo offers sitewide sale promotions. Alo reserves the right to modify or cancel any promotion at any time without notice.

 

Welcome gift

 

Birthday gift

 

Free 2-day shipping and Expedited Shipping