This Terms of Use Agreement ( “Agreement” ) are legally binding between you ("You" or “Your”) and Isha Foundation and the Isha Foundation, a 501(c)(3) Tennessee nonprofit corporation (hereinafter referred to as “Isha Foundation”), pertaining to Your use of the Website. This Agreement sets forth the terms and conditions for You to use the Website and any related or successor site(s) thereto operated directly or indirectly by Isha Foundation.

This Agreement is an ongoing contract between You and Isha Foundation and affects Your rights. You should read it carefully.

You hereby represent and warrant that You are competent to enter into these Terms. You confirm that You have read, understood and agreed to these Terms. We reserve the right to revise the Terms and Conditions at any time and at our sole discretion.

CHANGES TO THE AGREEMENT

Isha Foundation reserves the right to change, modify or otherwise alter the terms and conditions of this Agreement after providing written notice to Users of such amendment by posting a notice of the amendment on the Website home page or by providing such other notice as Isha Foundation deems appropriate. Users shall have the right to accept or reject the amended Agreement, provided that if a user rejects the amended Agreement, such user shall no longer have any right to use the Website or participate in any Shared Transportation relationship through the Website. The most recent version of this Agreement may be accessed at any time at the Website.

MINIMUM AGE REQUIREMENT

Music Program (Songs and Chants): 7 years of age

Kalaripayattu Program: 14 years of age

Classical Dance: 14 years

Furthermore, persons under the age of 18 are required to obtain parental consent to register, participate in programs, use the Website, set up an account through the Website, submit personal information to the Website, or arrange for any services offered by the Website.

Only persons at least 18 years of age or older are fully able and competent to enter into the terms, conditions, obligations, affirmations, representations, and warranties set forth in this Agreement and to abide by and to comply with the Agreement. Any person under the age of 18 requires parental consent and cannot agree to the terms in this Agreement.

CREATING A CONDUCIVE ATMOSPHERE (For Songs and Chants Participants Only)

Participants must attend all sessions to be able to continue with the Program. If You miss one session, it will not be possible to attend the subsequent one.

Please ensure that You join each session at least 10-15 minutes ahead of time. You should ensure that You have logged in for the Program as per the communicated time. Access to the session will not be possible if You attempt to join after the session start time.

CREATING A CONDUCIVE ATMOSPHERE (For Kalaripayattu and Dance Program Participants Only)

Participants must attend all sessions to be able to continue with the Program. If You miss one session, it will not be possible to attend the subsequent one.

Please ensure that You join each session at least 15-20 minutes ahead of time. You should ensure that You have logged in for the Program as per the communicated time. Access to the session will not be possible if You attempt to join after the session start time.

An area of 10 feet by 5 feet would be required to participate in the class.

It is important that You sit in a quiet, private space alone for the entire duration of the session.

Ensure to wear comfortable clothes that allow free movement. Kurta/ Pyjama or Tshirt/ Tracks are okay. Please avoid wearing a saree. Cotton clothing is best.

Ensure there is a gap of at least 2.5 hours between your meal and the session.

Be well hydrated before the class begins. Food, water and beverages should be strictly avoided during the session.

There should be no external disturbances or interruptions (like using the restroom, taking calls or checking messages). If You have children or pets who might disturb You, please ensure they are taken care of.

If any family members have registered and are attending this program, please ensure they are in a separate physical space and each of You have logged in separately to the sessions.

Both during and after the class, avoid allowing others to do the practices along with You. Refrain from teaching the practices to anyone else without proper training and guidance.

SAFETY GUIDELINES (For Kalaripayattu and Classical Dance Participants Only)

Make sure Your flooring is not slippery (outdoor spaces like ground, backyard, rooftops, etc. are preferred)

Do the practices to the extent it is comfortable for You. Do not push Yourself beyond the point of comfort.

In case of any medical history, please mention in the registration form and consult with the teacher before beginning the class.

• Pregnant women should not practice Kalaripayattu or Classical Dance.

MEDICAL INFORMATION DISCLAIMER (For Songs and Chants Participants Only)

The information on the Website (or as otherwise provided by Isha Foundation) is provided for educational purposes only, and is in no way intended to diagnose, cure, or treat any medical or other condition. If You deem that Your participation in a program offered by Isha Foundation will have a bearing on Your health, always seek the advice of Your physician or other qualified provider prior to starting any yoga program or making changes to Your diet.

While it is at all times Your responsibility to ensure that You are fit both physically and mentally to partake in the program, it is advisable for You to let us know as soon as possible if You are experiencing any health-related issues during Your participation so that we may guide You.

We exclude all representations, warranties, undertakings and guarantees relating to the sessions. We do not represent, warrant, undertake or guarantee:

that You will not suffer from any injury arising directly or indirectly from the sessions.

that Your fitness will measurably improve as a result of participation.

MEDICAL INFORMATION DISCLAIMER (For Kalaripayattu and Classical Dance Participants Only)

All programs, products, or services offered by Isha Foundation, are not substitutes for medical advice or care, legal or financial advice, diagnosis, or treatment that can be provided by Your providers (including physician, nurse, PA, mental health provider, attorney) and offer no guarantees of any kind. The information on the Website (or as otherwise provided by Isha Foundation) is provided for educational purposes only, and is in no way intended to diagnose, cure, or treat any medical or other condition. Always seek the advice of Your physician or other qualified provider prior to starting any yoga program or making changes to Your diet.

You understand that the Program includes physical exercise, involving muscular movements and requires a certain degree of physical fitness and agility. It may cause or aggravate a physical injury, medical condition, and You represent and warrant that You are physically fit enough to participate in such a Program.

You agree and undertake that You do not have any of the following conditions:

History of fainting, seizures, stroke, angina, heart attack, spinal problems, uncontrolled bleeding of any kind, chronic fatigue, uncontrolled diabetes, uncontrolled hypertension, active glaucoma, retina problems, severe nutritional deficiencies, active rheumatological problems;

Major surgery in past 6 months, minor surgery in the past 3 months;

COVID-19 infection in the last 3 months, active post COVID-19 symptoms;

Body Mass Index (BMI) is above 30.

You understand that for anyone with these conditions, this Program is contraindicated and can be harmful to the health of such a person. You understand that even if You have other conditions apart from those listed, it is Your responsibility to consult a healthcare provider and certify Yourself to be fit enough for the Program prior to enrolling in this Program. If You have done so, You represent and warrant that You are following Your healthcare provider’s advice. You further represent and warrant that You understand Your physical limitations and that You are sufficiently self-aware to stop or modify Your participation in the Program before You become injured or aggravate a pre-existing condition.

If You have an acute or aggravated mental health condition, then You understand that You must consult with a professional mental healthcare provider before registering for or participating in the Program, and You represent and warrant that You have done so and are following Your healthcare provider’s advice.

PRE-EXISTING MEDICAL CONDITIONS:

You must complete and sign a health and fitness questionnaire before participating in any of the sessions. You acknowledge and represent that You have completed the questionnaire to the best of Your knowledge and ability.

Your Medical provider has approved Your participation in this program.

New conditions:

You must inform us, as soon as possible, if:

You suffer from any [new] physiological or psychological medical condition;

You feel any pain or discomfort during a session;

You feel that any practice included in a session would be unsafe or uncomfortable

We may in our sole discretion prohibit You from participating in any session; and You must comply with all of our instructions in relation to the sessions.

Injuries:

We exclude all representations, warranties, undertakings and guarantees relating to the sessions. We do not represent, warrant, undertake or guarantee:

that You will not suffer from any injury arising directly or indirectly from the sessions;

that Your fitness will measurably improve as a result of participation.

REQUIREMENTS FOR ONLINE COURSES

Hardware requirements:

To participate in the Program it will be mandatory for You to have compatible hardware, such as:

Laptop/desktop computer/mobile device with camera.

Stable internet access with sufficient bandwidth (2mbps)/ adequate data pack (approx 1 GB/session). A Wi-Fi or wired internet connection is recommended

It is best to connect through a laptop or desktop computer and to keep Your phone switched off. Please ensure that the device You use for the Program is kept on charge for the entire duration of the Program. It is recommended not to use tablets and smartphones as the Program video may not support these devices.

Software requirement:

For Songs and Chants Program:

Google Chrome version 85 or later is recommended.

Please ensure that all Your hardware and software are fully functional, prior to the start of the Program.

We will not be responsible for any equipment or network malfunctions or service disruptions from Your end that may affect Your session.

For Kalaripayattu and Classical Dance:

To participate in the Kalaripayattu or Classical Dance Program it will be mandatory for You to have compatible software hardware, such as:

Install Zoom app and sign up/register for a zoom account.

Please ensure that all Your hardware and software are fully functional, prior to the start of the Program.

We will not be responsible for any equipment or network malfunctions or service disruptions from Your end that may affect Your session.

All participants for all the sessions will be required to:

Be on camera so that we can support You with Your practices;

Have Your computer webcam and microphone enabled during all the sessions and You should be fully visible on camera;

Ensure there is sufficient lighting in the room, so that You’re clearly visible.

Note: You are expressly prohibited from photographing, screen-shotting, screen-recording and/or recording, by video or audio, any part of the Program for any purpose whatsoever.

Proctoring/ Monitoring (For Kalaripayattu and Classical Dance only)

When You use the Services, an Isha proctor will remotely connect to Your computer in order to monitor Your computer screen and premises to ensure the necessary ambience during Your session. As a part of using the Services, You agree to leave the webcam on for the duration of the session so the proctor can monitor and assist as needed during the session. You agree to maintain audio and video contact with the proctor during the session. You acknowledge and understand that nothing will be recorded by the proctor at any time during the session or during any interaction between the participant and the proctor. You understand that the Isha proctor’s access to Your computer screen is solely for the purposes of ensuring that You are doing the practices correctly and to provide guidance when required.

Unacceptable Behavior - If You exhibit unacceptable behavior during Your session, we reserve the right to deny service. You understand and acknowledge that the proctor may immediately terminate Your session if the proctor experiences or observes:

Confidentiality breaches

Offensive/ abusive behavior

Any conduct that the proctor deems vulgar, offensive, abusive, criminal, or otherwise inappropriate

When You choose to use the Services, You grant the proctor the right to use whatever method made available to recommend that Your registration be terminated if or when the proctor detects suspicious or questionable action(s) during the session.

THE WEBSITE

This Agreement sets forth the terms and conditions for You to use sadhguru.org, and/or any related or successor site(s) to either of the foregoing sites operated directly or indirectly by Isha Foundation, including, without limitation, any separate site(s) used by Isha Foundation for any side window, Q & A, bulletin board, or feedback posting, relating to any service offered by Isha Foundation, technical support, or hosting (singularly and collectively, the “Website”).

When using the Website or any services or downloading any materials provided via the Website, You agree to abide by any applicable posted guidelines for such services, which may change from time to time. Should You object to any provision of this Agreement, or any subsequent modification thereto, or become dissatisfied with the Website in any way, Your only recourse is to immediately discontinue the use of the Website.

License. Isha Foundation hereby grants You a non-exclusive, revocable license to use the Website and any materials provided via the website solely for Your own personal use, subject to and as set forth in this Agreement only upon the express condition that You accept each provision of this Agreement and provided that: (i) You will not reproduce, copy, distribute, or make derivative works of the Website, the Standard (except for the limited right to download a personal copy of the Standard), or any other materials from the Website, in any medium without Isha Foundation’s prior written consent; (ii) You will not alter or modify any part of the Website other than as may be reasonably necessary to use the Website for its intended purposes; and (iii) You will otherwise act in accordance with the terms and conditions of the Agreement and in accordance with all applicable local, state, and federal laws. By installing any part of, copying, accessing or otherwise using the Website, You acknowledge and accept that You will be legally bound by this Agreement. If You do not agree to any provision of this Agreement, Isha Foundation is unwilling to grant You this license and You must not install, copy, access or otherwise use the Website.

Title and Copyright in the Website. It is hereby understood and agreed that Isha Foundation is the owner of all rights, title and interest, including, without limitation, all copyrights, in and to the Website and any copies thereof, regardless of the media or form in which the Website or copies thereof may exist. Except as expressly provided herein, You do not acquire any rights, title or interest to the Website. The Website and its component parts are licensed, not sold or given, to You by Isha Foundation. Isha Foundation reserves the right at any time and for any reason to modify or discontinue any aspect or feature of the Website, including, but not limited to, Content (as defined below) or functionality. Isha Foundation hereby reserves all rights not expressly granted to You. You may not sell or otherwise commercially use any portion of the Website, including any Editorial Content (as defined below) or other Content Posted (defined below) on the Website, or any part thereof. The Website is protected by copyright laws and international copyright treaties as well as other intellectual property laws and treaties.

The Website, including all materials and information included therein, is furnished “as is”. Isha Foundation and its technical support/maintenance providers, contractors, distributors, advertisers, and sublicensees make no warranties, express, implied, or statutory, in any communication with You. To the maximum extent permitted by applicable law, Isha Foundation, and its technical support/maintenance providers, distributors, advertisers, and sublicensees disclaim all other warranties and conditions, either express or implied, including, but not limited to, implied warranties or conditions of merchantability, fitness for a particular purpose, title, non-infringement, or any warranty that operation of the Website will be uninterrupted or error-free. You expressly assume all risk resulting from support/maintenance services (whether performed in whole, in part, or not at all), or from any virus, downloaded material, harmful component, or through any use of the Website or any site or server through which the Website is available, including, without limitation, innerengineering.com, sadhguru.org. You shall be solely responsible for the accuracy and transmission of all data entered, and for any damage that results from or is in connection with use of the Website. Isha Foundation and/or its officers, directors, contractors, employees, distributors, advertisers, sublicensees, agents, and/or attorneys shall not be liable for damages or losses of any kind arising out of or in connection with the use or performance of information provided on or in connection with or obtained from the Website, including without limitation, damages or losses caused by reliance upon the accuracy or timeliness of any such information, or damages incurred from the viewing, distributing, or copying of those materials. IN NO EVENT SHALL ISHA FOUNDATION OR ANY PERSON OR ENTITY INVOLVED IN CREATING, PRODUCING, OR DISTRIBUTING THE WEBSITE OR ITS CONTENTS BE LIABLE FOR ANY DAMAGES, LOSSES, OR CLAIMS, INCLUDING WITHOUT LIMITATION, DIRECT, INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL, OR PUNITIVE DAMAGES ARISING OUT OF OR IN CONNECTION WITH YouR USE OR INABILITY TO USE THE WEBSITE.

Substance of Content; Waiver of Rights. You acknowledge and understand that when using the Website, You may be exposed to Content (as defined below) from a variety of sources and that Isha Foundation is not responsible for the accuracy, usefulness, safety, or intellectual property rights of or relating to such Content (as defined below). You further acknowledge and understand that You may be exposed to Content (as defined below) which You deem is or potentially is inaccurate, offensive, or objectionable, and You agree to waive, and hereby do waive, any legal or equitable rights or remedies You have or may have against Isha Foundation with respect thereto.

WEBSITE USERS

To access, use, and/or otherwise participate in certain interactive aspects of the Website, users may be required to create an account.

Account Information Security, Identity, and Data Storage. Your password and login information are for Your use only and may not be shared. You are responsible for maintaining the confidentiality of Your account information and similar personal information (“Account Information”), including Your password and username, and for restricting access to Your computer or mobile device. If You disclose Your password to anyone or share Your account with another person or persons, You take full responsibility for their actions. Isha Foundation cannot guarantee the security of Your Account Information and shall not be liable in any way for any compromise of Your Account Information in the event that You have shared Your personal information with a third party. Isha Foundation will not be liable for Your losses resulting from any unauthorized use of Your account caused by Your wrongful or neglectful use of Your personal information, and You may be liable for the losses of Isha Foundation or others due to such unauthorized use.

Account Information; Username. All information You provide during the registration process must be accurate. By creating an account, You agree to the following:

If Isha Foundation has any reason to suspect that any Account Information is false, incomplete, or expired, Isha Foundation may, in its sole discretion, suspend or revoke such user’s account and prohibit such user from current or future use of the Website.

You shall not register under the name of a person other than Yourself;

You shall not choose a username for the purposes of, or that results in, deceiving or misleading others or Isha Foundation as to Your true identity;

You shall not choose a username that could reasonably be considered offensive;

You shall not choose a username for the purpose of solicitations (e.g., a username that includes Your commercial website); and

You shall not choose a username that infringes on the intellectual property or any other rights of any person.

Isha Foundation Standards. While using the Website, You are a part of Isha Foundation’s community, which may include, without limitation, bulletin boards, feedback boards, and polls regarding use of the Website and its services that allow You and other users to post information and provide feedback. You agree to respect the rights of other users as described in this Agreement.

Content. As used in this Agreement, “Content” means any and all postings, messages, text, files, including the Standard, images, hyperlinks, programs, and similar materials. To “Post” means to post on, transmit through, link from, upload, transfer, disseminate, distribute, facilitate distribution, and/or make available through the Website.

Responsibility for Posted Content. You understand and agree that all Posted Content is the sole responsibility of the person(s) who Posted such Content, that such Posted Content is non-confidential, and that You choose to use the Website at Your own risk. You are entirely responsible for all Content that You Post. You understand that Isha Foundation does not control, and is not responsible for, Content Posted by users of the Website. You further understand that You may be exposed to Content which You deem offensive, inaccurate, misleading, or otherwise objectionable. In addition, the Website and Content may contain links to and comments on other websites that are completely independent of the Website. Isha Foundation makes no representation or warranty as to the accuracy, completeness or authenticity of any information contained in any such site. You link to or comment on any other websites at Your own risk. You agree that You must evaluate and bear all risks associated with the use of any Content, and that under no circumstances will Isha Foundation be liable in any way for any Content or for any loss or damage of any kind incurred as a result of the use of any Posted Content. The Website is not intended for Your commercial purposes. You agree that You will not promote, advertise, solicit, or sell any services or products, or promote Yourself or Your business, on the Website, in any form or manner. You agree that You will not use any information found anywhere on the Website for advertising, promotional, or solicitation purposes.

Transmission of Harmful Content. You shall use the Website for lawful and permitted purposes only. Transmission of any Content in violation of any municipal, state, federal, foreign or other applicable regulation or law is prohibited. You shall not Post Content that: (1) infringes any proprietary rights of any third party; (2) violates any law or regulation; (3) is defamatory or trade libelous; (4) is harmful, threatening, abusive, harassing, defamatory, vulgar, obscene, intimidating, profane, pornographic, hateful, racially, ethnically or sexually discriminatory or otherwise objectionable in any way or that otherwise violates any right of another; (5) encourages conduct that would violate any conduct prohibited by this Agreement; (6) restricts or inhibits any other user from using the Website; (7) is or amounts to an unsolicited advertisement, promotion, or other form of solicitation; (8) impersonates any person or entity or that directly or indirectly attempts to gain unauthorized access to any portion of the Website or any computer, software, or data of any person, organization or entity that uses or accesses the Website; (9) provides or create links to external sites that violate the Agreement; (10) is intended to harm, exploit, solicit, or collect personally identifiable information of, any individual under the age of 18 (“Minor”) in any way; (11) invades anyone’s privacy by attempting to harvest, collect, store, or publish private or personally identifiable information without their foreknowledge and willing consent or distributes or contains viruses or any other technologies that may harm the Website or any of its users; (12) is copyrighted, protected by trade secret or otherwise subject to third-party proprietary rights, including privacy and publicity rights, unless You are the owner of such rights or have permission from the rightful owner to post the material and to grant Isha Foundation all of the license rights granted herein; and/or (13) contains or promotes an illegal or unauthorized copy of another person’s copyrighted work.

Copyrighted Material. To the extent that You Post any copyrighted Content, You hereby warrant that You own or have legal permission to use (including, without limitation, the right to Post) all Content that You Post. You shall respect the copyrights of others and only Post Content that You own or have legal permission to use (including, without limitation, the right to Post). Isha Foundation will ban repeat offenders and reserves the right to terminate the access of any user and ban use of the Website after a single violation.

Ownership; License to Isha Foundation. You hereby grant to Isha Foundation an irrevocable, perpetual, transferable, global, non-exclusive license to be exercised by Isha Foundation at its sole and absolute discretion on or through any media and using any technologies, whether now known or hereafter devised, including the right (a) to grant sublicenses to any Content that You Post; (b) to edit, reproduce, copy, publicly display, publicly perform, publish, broadcast, retransmit, distribute, create derivative works of and otherwise to exercise and exploit, whether commercially or otherwise, any and all proprietary rights in and to any Content You Post; and (c) to reproduce, copy, publicly display, publish, broadcast, retransmit, and distribute Your name in association with Your Posted Content.

Viruses. You shall not knowingly or negligently Post any Content that contains viruses or other computer programming defects. Each computer You use to access the Website shall have updated anti-virus software protecting it.

Spamming. You shall not directly or indirectly use the Website for chain letters, junk mail, spamming or any use of distribution lists to any person who has not given specific permission to be included in such a process. “Spam” or “Spamming” means any attempt to use a mailing list for the purpose of sending to a person or persons an unsolicited message, including, but not limited to, any advertisements.

Reuse of Content. Any collection, aggregation, copying, harvesting, duplication, display or derivative use of the Website or Posted Content, including the Standard, or any use of data mining, robots, spiders, or similar data gathering and extraction tools for any purpose is prohibited unless expressly permitted by Isha Foundation in writing. Notwithstanding the foregoing, Isha Foundation grants the operators of public search engines permission to use spiders to copy materials from the Website for the sole purpose of creating publicly available searchable indices of the materials. Isha Foundation reserves the right to revoke these exceptions generally or in specific cases.

Screening and Removal of Content. You acknowledge that, although Isha Foundation may or may not screen Content, Isha Foundation has the right (though not the obligation) in its sole and absolute discretion to screen, refuse to Post, reject, edit, remove or otherwise filter any Content including, without limitation, any Content that Isha Foundation believes violates any term of this Agreement or for any other reason.

Voluntary Participation

The participant acknowledges that participation in Isha Foundation products, classes, programs, services and program materials and visiting the website is done voluntarily and at the sole discretion of the participant. Isha Foundation makes no guarantees on the participation and the participant is responsible for the outcome. You acknowledge that You have or will use Your own due diligence and judgement before implementing any knowledge or information You receive.

You acknowledge and agree that Isha Foundation is not responsible for any action You may choose to take regarding the information provided, nor liable to You should You sustain any financial harm, physical injuries or any negative ramifications.

Program impact depends primarily on Your own effort, motivation, commitment and follow-through with the practices as per the practices’ instructions. Isha Foundation does not guarantee that You will attain a particular result or benefit, and You accept and understand that results differ by each individual. Impact depends on his or her background, dedication, desire, and motivation, and a whole host of additional factors. There can be no assurance as to any particular outcome.

Payment

You agree to pay, using a commercially viable payment method and information You provided to the Isha Foundation, the charges incurred on Your account in order to access any fee-based services which You have purchased.

Force Majeure

In the event that it is made impossible or impracticable to proceed with or carry out this Program in whole or in part, due to force majeure including any natural calamity, general or specific order of government, fire, casualty, flood, earthquake, war, strike, demonstrations, lockout, pandemic, epidemic, destruction of its facilities, riot, insurrection, power disruption, technical difficulties, internet connectivity, materials unavailability, or any other cause(s) beyond reasonable control and as a result thereof, the Program is delayed, postponed, rescheduled, terminated and/or cancelled, We will not be liable for any losses or damages incurred by You.

Provided that You are eligible to use the Site, You are granted a limited license to access and use the Site to which You have properly gained access solely for Your participation in the Program. We reserve all rights not expressly granted to You in and to the Site, the Content and the Marks.

Refund / Cancellation Policy / Transfer Policy

Refer here for refund/cancellation policy

PROHIBITING WEBSITE ACCESS, COMPLAINTS, AND INVESTIGATION.

Isha Foundation reserves the right to prohibit use of the Website by any user who, in Isha Foundation’s sole and absolute discretion, violates any provision of this Agreement. Such prohibition may occur without notice to the user. If You believe a user is violating this Agreement, please contact us at info@ishausa.org . Isha Foundation reserves the right to investigate any suspected violation of this Agreement and may gather information from the user(s) and/or complaining party, if any, and examine any Posted Content. In addition to Isha Foundation’s foregoing investigation rights, You hereby expressly authorize Isha Foundation to cooperate with: (i) law enforcement authorities in the investigation of suspected criminal violations, and/or (ii) system administrators at other Internet Isha Foundations, network or computing facilities and/or any other third party in order to enforce this Agreement or comply with any applicable law. Such cooperation may include, without limitation, Isha Foundation providing Your username, IP address, or other identifying information.

LINKS TO OTHER WEBSITES

Isha Foundation has established a Privacy Policy that explains to users how their information is collected and used. The Privacy Policy is explicitly incorporated into this Agreement. The Privacy Policy is located at: (https://www.innerengineering.com/policy/privacy) For information about our data protection practices, please see our Privacy Policy. By using the Website You acknowledge and agree that Isha Foundation may access, preserve, and disclose Your Account Information and any Posted Content associated with that Account if required to do so by law or in a good-faith belief that such access preservation or disclosure is reasonably necessary to: (a) satisfy any applicable law, regulation, legal process or governmental request, (b) enforce this Agreement, including the investigation of potential violations thereof, (c) detect, prevent, or otherwise address fraud, security or technical issues (including, without limitation, the filtering of spam), (d) respond to user support requests, or (e) protect the rights, property or safety of Isha Foundation, its users and the public. Isha Foundation will not be responsible or liable for the exercise or non-exercise of its rights under this Agreement. You acknowledge and understand that the technical processing and transmission of the Website, including Your Posted Content, may involve (a) transmissions over various networks; and (b) changes to conform and adapt to technical requirements of connecting networks or devices.

Notwithstanding the foregoing, We reserve the right, at Your expense, to assume the exclusive defense and control of any matter for which You are required to indemnify Us, and You agree to cooperate, at Your expense, with such claims. We will use reasonable efforts to notify You of any such claim, action, or proceeding which is subject to this indemnification upon becoming aware of it.

LIMITATION OF LIABILITY

The limitation of liability is to the maximum extent permitted by applicable law. In no event shall Isha Foundation, its officers, directors, employees, partners, contractors, affiliates, subsidiaries, agents, attorneys, web developers, technical support/maintenance providers, distributors, advertisers, licensors, sublicensees, and/or assigns be liable for any damages, whether arising in contract, tort or otherwise and including, without limit, any special, incidental, direct, indirect, or consequential damages whatsoever (including, without limitation, damages for loss of business profits, business interruption, loss or corruption of business information or other data, cost of cover, or any other pecuniary loss) arising out of Your use of or Your inability to use the Website, including without limitation, Your participation in any interactive aspect of the Website and Your use of any information provided on or in connection with or obtained from the Website, even if Isha Foundation has been advised of the possibility of such damages.

INDEMNITY

In consideration of being permitted to use the Website, You agree to indemnify and hold harmless Isha Foundation, and/or its officers, directors, employees, partners, contractors, affiliates, subsidiaries, agents, attorneys, web developers, technical support/maintenance providers, distributors, advertisers, licensors, sublicensees, and/or assigns, from any claim or demand, including reasonable attorneys’ fees, expert witness fees, and court costs, made by any third party due to or arising out of Content You Post, Your use of the Website, including without limitation, Your participation in any interactive aspect of the Website, Your use of any information provided on or in connection with or obtained from the Website, Your violation of this Agreement, Your breach of any of the representations and warranties contained herein, or Your violation of any rights of another.

GOVERNING LAW/JURISDICTION

This Agreement shall be exclusively interpreted, construed and enforced in all respects in accordance with the laws of the State of Tennessee (U.S.A.) without reference to its choice of law rules. You and Isha Foundation agree that venue for any and all disputes hereunder, or action on any obligation hereunder, will be exclusively brought in an appropriate state court in Warren County, Tennessee, and You and Isha Foundation irrevocably consent to the jurisdiction of such courts for any dispute hereunder or action on any obligation hereunder. Notwithstanding the foregoing, no action brought by either party against the other for breach of this Agreement shall be limited to breach of contract remedies and either party may bring any additional cause(s) of action that would otherwise be available to it, including and only as applicable based on the facts presented, copyright infringement pursuant to Title 17 of the United States Code. You hereby expressly and specifically waive any objection You may have, pursuant to the Eleventh Amendment to the United States Constitution or otherwise, to the jurisdiction of, or any award that could be granted by, the United States Federal Courts.

GENERAL

This Agreement sets forth the entire agreement and understanding of the parties relating to the subject matter herein and merges and supersedes all prior agreements, writings, commitments, discussions and understandings between them. Except as provided in Changes to the Agreement, no modification of or amendment to this Agreement, or any waiver of any rights under this Agreement, shall be effective unless in writing signed by each party hereto. If any term of this Agreement is held by a court of competent jurisdiction to be invalid or unenforceable, then this Agreement, including all of the remaining terms, will remain in full force and effect as if such invalid or unenforceable term had never been included. Isha Foundation’s failure to act with respect to a breach or breaches by You or any third party does not waive Isha Foundation’s right to act with respect to a subsequent or similar breach or breaches. This Agreement shall be construed within its fair meaning and no inference shall be drawn against the drafting Party in interpreting this Agreement.

Termination

Isha Foundation at its sole discretion reserves the right to restrict, suspend or terminate Your access to its services, fee-based or otherwise, in whole or in part, with respect to any breach or suspended breach of any portion of this Agreement. In the event of such a termination, there will be no refunds for unused time under the terms of Your license. Isha Foundation reserves the right to refuse to provide services to You in the future.