Welcome to the ALO website, 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 legal@aloyoga.com. 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 commercial@namadr.com, or by written request to legal@aloyoga.com; 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 legal@aloyoga.com. 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.