This notice is issued by the Isha Foundation (“Service Provider”)
This Agreement is an ongoing contract between You and Isha Foundation and affects Your rights. You should read it carefully.
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.
You affirm that You are at least 18 years of age, and 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 this Agreement.
Persons under the age of 18 are not permitted to use the Website, set up an account through the Website or otherwise submit personal information to the Website, or arrange for any services offered by the Website. However, persons under the age of 18 may access or participate in the event only if parental consent is given.
This Agreement sets forth the terms and conditions for You to use innerengineering.com, 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.
(a) 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, 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.
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:
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.
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.
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.
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.
Session 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.
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 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 to which you have purchased.
Refund, cancellation and transfer not available
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 (enter email). 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.
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.
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.
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.
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.
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.
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.
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.