SYDA Foundation Terms of Use

Terms of Use posted on 01/31/2013 (Effective Date)

PLEASE READ THESE TERMS OF USE CAREFULLY AS YOUR USE OF THE SITES CONSTITUTES YOUR ACCEPTANCE OF THESE TERMS AND YOUR AGREEMENT TO ABIDE BY THEM. Do not use the Sites if you do not agree with these Terms.

The websites www.siddhayoga.org; siddhayogabookstore.org; and the Siddha Yoga Events Online Registration Site (the "Sites") are owned and operated by the SYDA Foundation ("SYDA"). These terms of use ("Terms") explain a contractual agreement between you and SYDA regarding your use of the Sites.
You should visit this page and periodically reread these Terms as SYDA reserves the right at its sole discretion to update, modify, and revise these Terms at any time. Any such changes to these Terms will be effective immediately upon posting, and your continued use of the Sites following such changes constitutes your acceptance of the changed Terms and your agreement to be bound by them. When SYDA changes these Terms, SYDA will provide notice by updating the effective date above.

Your Privacy

Your personal privacy is very important to SYDA Foundation. SYDA's Privacy Policy is hereby incorporated into and made a part of these Terms. By using the Sites, you also accept and agree to SYDA's Privacy Policy. If you have not already reviewed it, please read SYDA's Privacy Policy. If we make a change to our Privacy Policy that we reasonably believe may considerably affect how we collect, disclose, or otherwise share your personal information, we will post a separate notice to that effect on the Siddhayoga.org home page with a link to the revised Privacy Policy.

Usage Restrictions and Limited License

These Sites contain material, including written materials, third-party information, software, source and/or object code, data, images, video, music, sounds, trademarks (collectively "Content"), which is derived in whole or in part from material supplied by SYDA and other sources, and is protected by international copyright, trademark, patent, privacy, publicity, communications, and other laws, rules and regulations. You may not modify, copy, reproduce, republish, upload, post, transmit, or distribute in any way any Content (unless submitted by you) without SYDA's prior permission. Unless otherwise stated in the rules that accompany that particular content, you may print or download one copy only of Content from these Sites for your personal, non-commercial use only, provided you keep intact all copyright and other proprietary notices.

The following trademarks and service marks are owned by and registered to SYDA:
SYDA FOUNDATION, (Swami) MUKTANANDA, (Swami) CHIDVILASANANDA, GURUMAYI,
SIDDHA YOGA, SIDDHA MEDITATION, SIDDHA PATH, SIDDHA YOGA DHAM, DARSHAN, AMRIT, BLUE PEARL, TREES OF IMMORTALITY, HEARTS OF THE NEIGHBORHOOD, IN SEARCH OF THE SELF, PREMOTSAVA, VIDYA MELA, FREEDOM ON THE INSIDE, DHARMA MONEY, SHAKTI PUNJA, A SWEET SURPRISE, BIRTHDAY BLISS, “Experience the Power Within. Kundalini Shakti”, “Search for the knowledge of the Truth and become established in the awareness of the Self”, “The Heart is the hub of all sacred places. Go there and roam.”, the Siddha Yoga Meditation (Flame in Circle) Logo, the Dharma Money Logo, the Siddha Yoga Home Study Course Logo, and the Kalash Logo. SYDA also owns the following trademarks and service marks:
SIDDHA YOGA MEDITATION and SYMC.

You may use the Sites and the Content offered on the Sites only for personal, non-commercial purposes. You may use Content offered for downloading (if any) for personal use only and subject to the rules that accompany that particular Content. You may not use any Content in a manner that exceeds the rights granted for your use of the Content. You may not use any data-mining software, robots, or similar data gathering and extraction tools on the Content, frame any portion of the Sites or the Content, or reproduce, reprint, copy, store, publicly display, broadcast, transmit, modify, translate, port, publish, sublicense, assign, transfer, sell, loan, or otherwise distribute the Content without prior written consent from SYDA. You may not circumvent any mechanisms included in the Content for preventing the unauthorized reproduction or distribution of the Content.

Using the SYDA Logo

SYDA does not permit the use of its name or its products' names in advertising as an endorsement for any product or service or for any other commercial purpose. Graphics, logos, and Content created by SYDA are the property of SYDA and may not be used without permission.

Information Available on the Sites

SYDA does not guarantee, and assumes no responsibility for, the accuracy, timeliness, correctness, or completeness of the Content. Any conclusions that users draw from the information presented here are their own and are not to be attributed to SYDA. You agree that you must evaluate, and bear all risk associated with, the use of any Content, including any reliance on the accuracy, completeness, or usefulness of such Content.

Your Account

In the event that you are provided with user identification names, numbers or codes, and/or passwords ("Access Credentials") in connection with your use of these Sites, you shall keep your Access Credentials strictly confidential and not share them with anyone. You are responsible for any misuse of the Sites or any Content by anyone using your Access Credentials. Accordingly, you should take affirmative precautions to ensure that no one uses your Access Credentials or gains unauthorized access to your Access Credentials. It is your responsibility to notify SYDA if your Access Credentials need to be changed or cancelled because (i) your Access Credentials have been or may be compromised, or (ii) you detect any unauthorized use of your Access Credentials. SYDA may terminate your access to, and your use of, the Sites immediately and take any other appropriate legal action if you, or anyone using your Access Credentials, violates these Terms.

You agree to provide true, accurate, current, and complete information about yourself (all of which will be subject to SYDA's Privacy Policy). If you provide any information that is untrue, inaccurate, not current, or incomplete (or SYDA has reasonable grounds to suspect that such information is untrue, inaccurate, not current, or incomplete), SYDA has the right to revoke your Access Credentials and suspend or terminate your access to and use of the Sites.

Links to Third-party Sites

SYDA may provide relevant links to information outside of the Sites as additional resources for users of the Sites. However, SYDA does not endorse any views expressed, or products or services offered, through or on such third-party websites. Neither SYDA nor its affiliates operate or control in any respect, or are in any way responsible for, any information, products, or services on these third-party sites. You should carefully review the terms of service and privacy policies on any such third-party site as these Terms and SYDA's Privacy Policy do not apply to your activities on such third-party sites.

Content Posted on the Sites by Third-party Content and Advertising Partners

Some of the Content posted on the Sites may be posted by third-party content and advertising partners ("Third-party Content") with whom we have relationships ("Content Providers"). You hereby acknowledge that (i) SYDA is not responsible and disclaims any and all liability for any aspect of such Third-party Content, (ii) the Content Provider posting such Third-party Content on the Sites is solely and exclusively responsible for such Third-party Content, (iii) SYDA makes no express or implied warranties whatsoever with respect to the accuracy, relevancy, legality, or decency of such Third-party Content, and (iv) SYDA cannot and does not guarantee that Third-party Content complies with these Terms.

Disclaimer of Warranties

THE CONTENT AVAILABLE ON THESE SITES AND THE THIRD-PARTY SITES IS PROVIDED "AS IS" AND WITHOUT WARRANTIES OF ANY KIND EITHER EXPRESS OR IMPLIED. TO THE FULLEST EXTENT PERMISSIBLE PURSUANT TO APPLICABLE LAW, SYDA DISCLAIMS ANY AND ALL WARRANTIES, EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, AND NON-INFRINGEMENT. SYDA DOES NOT WARRANT THAT THE SITES OR ANY SITE FUNCTIONS WILL BE UNINTERRUPTED OR ERROR-FREE, FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS, OR THAT DEFECTS WILL BE DISCOVERED AND/OR CORRECTED. SYDA DOES NOT WARRANT OR MAKE ANY REPRESENTATIONS REGARDING THE USE OR THE RESULTS OF THE USE OF THE CONTENT AVAILABLE ON THE SITES OR IN THIRD-PARTY SITES IN TERMS OF THEIR CORRECTNESS, ACCURACY, TIMELINESS, RELIABILITY, OR OTHERWISE. YOU (AND NOT SYDA) ASSUME THE ENTIRE COST NECESSARY FOR YOU TO ACCESS AND USE THE SITES.

THE CONTENTS OF THESE SITES ARE INTENDED FOR INFORMATIONAL PURPOSES ONLY, AND SHOULD NOT IN ANY WAY BE CONSTRUED AS CONSTITUTING THERAPY, MEDICAL ADVICE, OR PROFESSIONAL SERVICES OF ANY KIND. ANY ACTION OR DECISION THAT YOU MAKE REGARDING THIS INFORMATION IS ENTIRELY YOUR OWN RESPONSISIBILITY AND IS TAKEN BY YOU SOLELY AT YOUR OWN RISK. FOR YOUR OWN HEALTH AND WELL-BEING, PLEASE MAKE SURE THAT YOU REFER ANY ISSUES THAT MAY BE RELATED TO THE DIAGNOSIS AND TREATMENT OF THE CONDITION OF A SPECIFIC INDIVIDUAL, EITHER YOURSELF OR ANOTHER, TO A QUALIFIED HEALTH CARE PROFESSIONAL IN YOUR LOCAL AREA. IF YOU HAVE A HISTORY OF MENTAL OR PHYSICAL ILLNESS OR ARE EXPERIENCING SYMPTOMS THAT MAKE YOU FEEL THAT YOU MAY HAVE A MENTAL OR PHYSICAL ILLNESS, WE STRONGLY RECOMMEND THAT YOU SEE YOUR DOCTOR

Limitation of Liability

UNDER NO CIRCUMSTANCES AND UNDER NO LEGAL THEORY, INCLUDING, BUT NOT LIMITED TO, NEGLIGENCE, SHALL SYDA, ITS SUBSIDIARIES AND PARENT COMPANIES OR AFFILIATES BE LIABLE FOR ANY DIRECT, INDIRECT, INCIDENTAL, SPECIAL, PUNITIVE, CONSEQUENTIAL DAMAGES OR OTHERWISE THAT RESULT FROM THE USE OF, OR THE INABILITY TO USE, THE CONTENT AND/OR SITES EVEN IF SYDA HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. YOU SPECIFICALLY ACKNOWLEDGE AND AGREE THAT SYDA IS NOT LIABLE FOR ANY CONDUCT OF ANY USER. IF YOU ARE DISSATISFIED WITH ANY CONTENT AVAILABLE ON THE SITES, OR WITH THESE TERMS, YOUR SOLE AND EXCLUSIVE REMEDY IS TO DISCONTINUE USING THE SITES.

Indemnity

You agree to defend, indemnify, and hold harmless SYDA and its owners, principals, affiliates, subsidiaries licensors and licensees, and their and SYDA's directors, officers, employees, contractors, and representatives from any and all liabilities, claims, judgments and expenses, including attorneys' and expert fees and court costs, that arise from (i) your use or misuse of the Sites; (ii) your violation of these Terms; (iii) your violation of any law or third-party right, including without limitation any third party's patent, copyright, trademark, privacy/publicity, or other proprietary rights; (iv) any claim that any Content posted by you caused damage to a third party; and/or (v) any use or misuse of your Access Credentials. SYDA will give you notice in the event of an indemnifiable event. SYDA reserves the right, at its own expense, to assume the exclusive defense and control of any matter otherwise subject to indemnification by you, in which event you will cooperate with SYDA in asserting any available defenses. This defense and indemnification obligation will survive the termination or expiration of these Terms.

Termination

This agreement is effective until terminated by SYDA, at any time with or without notice. Additionally, in the event that you violate these Terms, these Terms shall be deemed to be automatically terminated. In the event of termination, you are no longer authorized to use or access the Sites. You hereby acknowledge that the restrictions imposed on you with respect to any Content downloaded from the Sites, the disclaimers and limitations of liabilities, and your indemnification obligations, shall survive the termination of these Terms.

International Use

SYDA makes no representation that Content of, or any services or products available through, the Sites are appropriate or available for use in locations outside the United States. Accessing the Sites from territories where the Sites' Content is illegal is strictly prohibited. Those who choose to access the Sites from locations outside the United States do so at their own risk and at their own discretion, and are responsible for compliance with all applicable local laws.

Miscellaneous

Governing Law

You hereby agree that these Terms and your use of the Sites shall be governed in all respects by the internal substantive laws of the State of New York, without regard to its conflicts of laws provisions. You hereby submit to exclusive jurisdiction and venue in the state and federal courts located in New York or Sullivan County, New York, for all disputes, cases, and controversies regarding these Sites, your use of these Sites, and your relationship with SYDA.

Limitation on Claims

YOU AND SYDA AGREE THAT ANY CAUSE OF ACTION ARISING OUT OF OR RELATED TO THESE TERMS OR YOUR USE OF THE SITES MUST COMMENCE WITHIN ONE (1) YEAR AFTER THE CAUSE OF ACTION ACCRUES. OTHERWISE, SUCH CAUSE OF ACTION IS PERMANENTLY BARRED.
No waiver of any of these Terms shall be deemed a further or continuing waiver of such term or any other term, and SYDA's failure to assert any right or provision under these Terms shall not constitute a waiver of such right or provision.

Entire Agreement and Severability

Unless otherwise specified herein, these Terms constitute the entire agreement between you and SYDA with respect to your use of the Sites and supersede all prior or contemporaneous communications and proposals (whether oral, written, or electronic) between you and SYDA with respect to the subject matter hereof. If any provision of this agreement shall be unlawful, void or for any reason unenforceable, then that provision shall be deemed severable from this agreement and shall not affect the validity and enforceability of any remaining provisions.

Eligibility

You affirm that you are either 18 or older, or an emancipated minor, or possess legal parental or guardian consent, and are fully able and competent to enter into and be legally bound by these Terms.

Assignment

These Terms, and any rights and/or licenses granted hereunder, may not be transferred or assigned by you, but may be transferred or assigned by SYDA without restriction.