This Terms of Use Agreement (the “Agreement”) is a legal agreement between you (“You” or “Your”) and Isha Foundation, Inc., a 501(c)(3) Tennessee nonprofit corporation (hereinafter referred to as “Isha Foundation,” “We,” or “Us”), pertaining to Your use of the Website www.isha.sadhguru.org and your registration to participate in Samyama (“Program”). 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.

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 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 

To participate in the Samyama program, you must be 15 years of age or older.  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.

PROGRAM GUIDELINES FOR SAMYAMA:

Below are a few guidelines to ensure You receive the Program in its totality and integrity:

The Participant shall be in silence throughout the Program and shall not engage in any kind of communication with anyone.

Participants must attend all sessions. Please ensure to be on time for every session. If You miss a session, You will not be able to continue with the rest of the Program.  

We shall not be responsible for anything once You leave the Program or are asked to do so.

Food and stay will be provided for the duration of the Program at the Program premises.

CODE OF CONDUCT

You agree to behave in such a way as to create a safe, supportive, learning environment while in the Program. You agree not to smoke, drink alcohol, or consume any hallucinogenic or banned drug while attending the Program. You agree not to engage in disruptive speech or behavior or otherwise interfere with the Program or other individuals’ participation in the Program. You agree not to break your silence during the Program. You will comply with all applicable laws and agree not to engage in any form of harassing, offensive, discriminatory or threatening speech or behavior, including relating to race, gender, sexual orientation, religion or disability. Participants engaging or threatening to engage in such behavior will be requested to leave the Program immediately.

HEALTH REQUIREMENTS FOR SAMYAMA

1. Individuals suffering from and / or diagnosed with any of the following conditions in the last 2 years are not allowed to attend the program:

• Any psychotic disorder, including but not limited to schizophrenia, delusional disorder.

• Bipolar disorder 

• Any symptoms of hallucinations or suicidal tendencies

• Hospitalization for any psychological condition
  
  

If you have suffered from and / or been diagnosed with any of the above conditions prior to 2 years ago, you must not register for this program.

1. If you have suffered from and / or been diagnosed with any of the following conditions in the past, we recommend that you consult your physician or an appropriate medical professional before registering for this program.
   
   

• Any mood disorder, including but not limited to severe depression, mania.

• Anxiety disorders that require medication (Including but not limited to obsessive compulsive Disorder, Post Traumatic Stress disorder)
  
  

If you have been under treatment or medication for any of the above conditions in the last 2 years, you must provide a medical clearance paper from your doctor to be able to participate.

If you are getting medical clearance from your doctor, you will need to specify that the program is an intensive meditation retreat that may trigger strong emotional situations and existing severe mental health imbalances may aggravate. 

If you are not clinically diagnosed, but are suspecting that any of the above conditions applies to you, please get a proper assessment from a medical practitioner before registering for the program.

Physical and mental diseases must be disclosed for the instructors to guide you as needed.

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

1. History of fainting, fits, 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 rheumatologic problem;

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

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

4. Body Mass Index (BMI) above 30.

DISCLAIMER; LIABILITY WAIVER; RELEASE; ARBITRATION:

I understand and acknowledge that this Program includes intense physical yoga practices that require moderate exertion and may cause or aggravate a physical injury or mental/emotional medical condition, and I represent and warrant that I am physically and mentally fit enough to participate in such a yoga program.

I understand and acknowledge that I may be denied instruction or initiation in certain practices at any time during the Program based on my behavior and/or medical history, and that I may be given modifications for the practices based on my physical or mental condition or abilities.

I understand that it is my responsibility to consult with a physician, psychologist, or other appropriate healthcare provider prior to and regarding my participation in the Program, especially if I have an acute or aggravated mental health condition. If I have done so, I represent and warrant that I am following my healthcare provider’s advice. I further represent and warrant that I understand my physical limitations and that I am sufficiently self- aware to stop or modify my participation in the Program before I become injured or aggravate a pre-existing condition.

I understand that any statements, stories, or testimonials presented before or during the Program do not constitute a warranty, guarantee, or prediction regarding my experience during or after the Program. Further, I understand that there is no warranty, guarantee, or prediction that I will experience any particular state of awareness or consciousness, or any particular outcome, during or after the Program.

In consideration for being permitted to participate in the Program, I agree to assume full responsibility for any risks, injuries, or damages, known or unknown, that I might incur as a result of participating in the Program.

In further consideration for being permitted to participate in the Program, I hereby knowingly, voluntarily, and expressly waive any and all claims, liabilities, demands, expenses, fees, legal actions, rights of action for damages, personal injury, mental suffering and distress, or death (“Claims”), including legal fees or expenses, that I may suffer or that my spouse, children, or unborn children may suffer in connection with my participation in the Program.  I agree to indemnify, release, and hold harmless Sadhguru and Isha Foundation, including its directors, managers, teachers, instructors, presenters, facilitators, employees, agents, volunteers, and independent contractors (collectively, the “Indemnified Parties”), from and against any loss, cost, or liability incurred in defending any Claim made by me or anyone making a Claim on my behalf, even if the Claim is alleged to or did result from the negligence of any of the Indemnified Parties or anyone else.

To the full extent permitted by law, I and my heirs or legal representatives forever release, waive, discharge, and covenant not to sue any of the Indemnified Parties for any Claim caused by any negligence or other acts of the Indemnified Parties.

This agreement shall be construed in accordance with and governed by the laws of the State of New York and the United States of America.  If any provision of this agreement is held to be invalid, illegal, or unenforceable, it shall not affect any other provision of this agreement, and this agreement shall be construed as if such provision had never been contained herein.

As a condition of my participation in the Program, I agree that any dispute related to my registration for or participation in the Program, including without limitation Claims for negligence, breach of contract, fraud, intentional torts, or any other acts or omissions of the Indemnified Parties, shall be resolved by confidential, binding arbitration conducted by JAMS in New York, New York, USA using a single arbitrator, in accordance with JAMS Arbitration Rules and Procedures (or any successor rules and procedures) then in effect.  The arbitration award shall be final and binding on both parties, shall not be subject to de novo review, and no appeal may be taken. The ruling of the arbitrator may be entered and enforced as a judgment by a court of competent jurisdiction.  Any court of competent jurisdiction may enforce the arbitration provision of this agreement, and the parties shall bear their own costs, fees, and expenses associated with its enforcement.  I acknowledge and agree that this agreement to arbitrate shall result in a waiver of my rights to a court or jury trial for any Claim that I may assert.

THE WEBSITE

This Agreement sets forth the terms and conditions for You to use innerengineering.com, isha.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 guidelines 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 use of the Website.

1. 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.

(b) 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.

(c) No Warranties. The Website, including all materials and information included therein, is furnished “as is” and with all faults. Isha Foundation and its technical support/maintenance providers, contractors, distributors, advertisers, and sublicensees, make, and You receive, 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, isha.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.

(d) 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) that is inaccurate, offensive, indecent, 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.

(a) 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. Isha Foundation will not be liable for Your losses caused by any unauthorized use of Your account, and You may be liable for the losses of Isha Foundation or others due to such unauthorized use.

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

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

(ii) 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;

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

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

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

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.

(c) 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.

(d) 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.

(i) 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 that is offensive, indecent, 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.

(ii) 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.

(iii) 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.

(iv) Ownership; License to Isha Foundation. You hereby grant to Isha Foundation an irrevocable, perpetual, transferable, non-exclusive license to be exercised by Isha Foundation at its sole and absolute discretion throughout the Universe 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.

(v) 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.

(vi) 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.

(vii) 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.

(viii) 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 is at the sole discretion of the participation. 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. 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.

Medical Information Disclaimer

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. 

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 the sessions. We do not represent, warrant, undertake or guarantee:

• that you will not suffer from any injury arising directly or indirectly out from the sessions.

• that your fitness will measurably improve as a result of participation 

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 samyama@ishafoundation.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

The Website and materials posted on the Website may contain links to other Internet sites, which are not owned, operated, controlled, or reviewed by Isha Foundation. These links are provided solely as a courtesy and convenience to You. Isha Foundation exercises no control over the information, opinions, accuracy, copyright, trademark, compliance, or legality of the material contained on those sites and does not sponsor, endorse, or evaluate the content, proceeds, materials, opinions, products or services contained on such sites. Isha Foundation specifically disclaims any and all liability from damages, which may result from accessing any third-party site linked to the Website, or from reliance on any information or content contained in such third-party site.

PRIVACY POLICY

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.

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 the use of or 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.

For any support and queries, please contact Us at: samyama@ishafoundation.org.