Terms of Service:
Please read this Agreement carefully before accessing or using the Website. By accessing or using any part of the web site, you agree to become bound by the terms and conditions of this agreement. If you do not agree to all the terms and conditions of this agreement, then you may not access the Website or use any services. If these terms and conditions are considered an offer by Sunyata, acceptance is expressly limited to these terms. The Website is available only to individuals who are at least 18 years old.
- Your SunyataSatchitananda.com Account and Site. If you create a blog/site on the Website, you are responsible for maintaining the security of your account and blog, and you are fully responsible for all activities that occur under the account and any other actions taken in connection with the blog. You must not describe or assign keywords to your blog in a misleading or unlawful manner, including in a manner intended to trade on the name or reputation of others, and Sunyata may change or remove any description or keyword that it considers inappropriate or unlawful, or otherwise likely to cause Sunyata liability. You must immediately notify Sunyata of any unauthorized uses of your blog, your account or any other breaches of security. Sunyata will not be liable for any acts or omissions by You, including any damages of any kind incurred as a result of such acts or omissions.
- Responsibility of Contributors. If you operate a blog, comment on a blog, post material to the Website, post links on the Website, or otherwise make (or allow any third party to make) material available by means of the Website (any such material, "Content"), You are entirely responsible for the content of, and any harm resulting from, that Content. That is the case regardless of whether the Content in question constitutes text, graphics, an audio file, or computer software. By making Content available, you represent and warrant that:
- the downloading, copying and use of the Content will not infringe the proprietary rights, including but not limited to the copyright, patent, trademark or trade secret rights, of any third party;
- if your employer has rights to intellectual property you create, you have either (i) received permission from your employer to post or make available the Content, including but not limited to any software, or (ii) secured from your employer a waiver as to all rights in or to the Content;
- you have fully complied with any third-party licenses relating to the Content, and have done all things necessary to successfully pass through to end users any required terms;
- the Content does not contain or install any viruses, worms, malware, Trojan horses or other harmful or destructive content;
- the Content is not spam, is not machine- or randomly-generated, and does not contain unethical or unwanted commercial content designed to drive traffic to third party sites or boost the search engine rankings of third party sites, or to further unlawful acts (such as phishing) or mislead recipients as to the source of the material (such as spoofing);
- the Content is not pornographic, does not contain threats or incite violence towards individuals or entities, and does not violate the privacy or publicity rights of any third party;
- your blog is not getting advertised via unwanted electronic messages such as spam links on newsgroups, email lists, other blogs and web sites, and similar unsolicited promotional methods;
- your blog is not named in a manner that misleads your readers into thinking that you are another person or company. For example, your blog's URL or name is not the name of a person other than yourself or company other than your own; and
- you have, in the case of Content that includes computer code, accurately categorized and/or described the type, nature, uses and effects of the materials, whether requested to do so by Sunyata or otherwise.
By submitting Content to Sunyata for inclusion on your Website, you grant Sunyata a world-wide, royalty-free, and non-exclusive license to reproduce, modify, adapt and publish the Content solely for the purpose of displaying, distributing and promoting your blog. If you delete Content, Sunyata will use reasonable efforts to remove it from the Website, but you acknowledge that caching or references to the Content may not be made immediately unavailable.
Without limiting any of those representations or warranties, Sunyata has the right (though not the obligation) to, in Sunyata's sole discretion (i) refuse or remove any content that, in Sunyata's reasonable opinion, violates any Sunyata policy or is in any way harmful or objectionable, or (ii) terminate or deny access to and use of the Website to any individual or entity for any reason, in Sunyata's sole discretion. Sunyata will have no obligation to provide a refund of any amounts previously paid.
- Payment and Renewal.
- General Terms.
By selecting a product or service, you agree to pay Sunyata the one-time and/or monthly or annual subscription fees indicated (additional payment terms may be included in other communications). Subscription payments will be charged on a pre-pay basis on the day you sign up for an Upgrade and will cover the use of that service for a monthly or annual subscription period as indicated. Payments are not refundable.
- Automatic Renewal.
Unless you notify Sunyata before the end of the applicable subscription period that you want to cancel a subscription, your subscription will automatically renew and you authorize us to collect the then-applicable annual or monthly subscription fee for such subscription (as well as any taxes) using any credit card or other payment mechanism we have on record for you. Upgrades can be canceled at any time by submitting your request to Sunyata in writing.
- General Terms.
- Fees; Payment. By signing up for a Services account you agree to pay Sunyata the applicable setup fees and recurring fees. Applicable fees will be invoiced starting from the day your services are established and in advance of using such services. Sunyata reserves the right to change the payment terms and fees upon thirty (30) days prior written notice to you. Services can be canceled by you at anytime on thirty (30) days written notice to Sunyata.
- Support. If your service includes access to priority email support. "Email support" means the ability to make requests for technical support assistance by email at any time (with reasonable efforts by Sunyata to respond within three business days) concerning the use of the VIP Services. "Priority" means that support takes priority over support for users of the standard or free SunyataSatchitananda.com services. All support will be provided in accordance with Sunyata standard services practices, procedures and policies.
- Responsibility of Website Visitors. Sunyata has not reviewed, and cannot review, all of the material, including computer software, posted to the Website, and cannot therefore be responsible for that material's content, use or effects. By operating the Website, Sunyata does not represent or imply that it endorses the material there posted, or that it believes such material to be accurate, useful or non-harmful. You are responsible for taking precautions as necessary to protect yourself and your computer systems from viruses, worms, Trojan horses, and other harmful or destructive content. The Website may contain content that is offensive, indecent, or otherwise objectionable, as well as content containing technical inaccuracies, typographical mistakes, and other errors. The Website may also contain material that violates the privacy or publicity rights, or infringes the intellectual property and other proprietary rights, of third parties, or the downloading, copying or use of which is subject to additional terms and conditions, stated or unstated. Sunyata disclaims any responsibility for any harm resulting from the use by visitors of the Website, or from any downloading by those visitors of content there posted.
- Content Posted on Other Websites. We have not reviewed, and cannot review, all of the material, including computer software, made available through the websites and webpages to which SunyataSatchitananda.com links, and that link to SunyataSatchitananda.com. Sunyata does not have any control over those non-Sunyata websites and webpages, and is not responsible for their contents or their use. By linking to a non-Sunyata website or webpage, Sunyata does not represent or imply that it endorses such website or webpage. You are responsible for taking precautions as necessary to protect yourself and your computer systems from viruses, worms, Trojan horses, and other harmful or destructive content. Sunyata disclaims any responsibility for any harm resulting from your use of non-Sunyata websites and webpages.
- Copyright Infringement and DMCA Policy. As Sunyata asks others to respect its intellectual property rights, it respects the intellectual property rights of others. If you believe that material located on or linked to by SunyataSatchitananda.com violates your copyright, you are encouraged to notify Sunyata in accordance with Sunyata's Digital Millennium Copyright Act ("DMCA") Policy. Sunyata will respond to all such notices, including as required or appropriate by removing the infringing material or disabling all links to the infringing material. Sunyata will terminate a visitor's access to and use of the Website if, under appropriate circumstances, the visitor is determined to be a repeat infringer of the copyrights or other intellectual property rights of Sunyata or others. In the case of such termination, Sunyata will have no obligation to provide a refund of any amounts previously paid to Sunyata.
- Intellectual Property. This Agreement does not transfer from Sunyata to you any Sunyata or third party intellectual property, and all right, title and interest in and to such property will remain (as between the parties) solely with Sunyata. Sunyata, SunyataSatchitananda.com, the SunyataSatchitananda.com logo, and all other trademarks, service marks, graphics and logos used in connection with SunyataSatchitananda.com, or the Website are trademarks or registered trademarks of Sunyata or Sunyata's licensors. Other trademarks, service marks, graphics and logos used in connection with the Website may be the trademarks of other third parties. Your use of the Website grants you no right or license to reproduce or otherwise use any Sunyata or third-party trademarks.
- Advertisements. Sunyata reserves the right to display advertisements on your blog unless you have purchased an ad-free account.
- Attribution. Sunyata reserves the right to display attribution links such as 'Blog at SunyataSatchitananda.com,' theme author, and font attribution in your blog footer or toolbar.
- Partner Products. By activating a partner product (e.g. theme) from one of our partners, you agree to that partner's terms of service. You can opt out of their terms of service at any time by de-activating the partner product.
- Domain Names. If you are registering a domain name, using or transferring a previously registered domain name, you acknowledge and agree that use of the domain name is also subject to the policies of the Internet Corporation for Assigned Names and Numbers ("ICANN"), including their Registration Rights and Responsibilities.
- Changes. Sunyata reserves the right, at its sole discretion, to modify or replace any part of this Agreement. It is your responsibility to check this Agreement periodically for changes. Your continued use of or access to the Website following the posting of any changes to this Agreement constitutes acceptance of those changes. Sunyata may also, in the future, offer new services and/or features through the Website (including, the release of new tools and resources). Such new features and/or services shall be subject to the terms and conditions of this Agreement.
- Termination. Sunyata may terminate your access to all or any part of the Website at any time, with or without cause, with or without notice, effective immediately. If you wish to terminate this Agreement or your SunyataSatchitananda.com account (if you have one), you may simply discontinue using the Website. Notwithstanding the foregoing, if you have a paid services account, such account can only be terminated by Sunyata if you materially breach this Agreement and fail to cure such breach within thirty (30) days from Sunyata's notice to you thereof; provided that, Sunyata can terminate the Website immediately as part of a general shut down of our service. All provisions of this Agreement which by their nature should survive termination shall survive termination, including, without limitation, ownership provisions, warranty disclaimers, indemnity and limitations of liability.
- Disclaimer of Warranties. The Website is provided "as is". Sunyata and its suppliers and licensors hereby disclaim all warranties of any kind, express or implied, including, without limitation, the warranties of merchantability, fitness for a particular purpose and non-infringement. Neither Sunyata nor its suppliers and licensors, makes any warranty that the Website will be error free or that access thereto will be continuous or uninterrupted. You understand that you download from, or otherwise obtain content or services through, the Website at your own discretion and risk.
- Limitation of Liability. In no event will Sunyata, or its suppliers or licensors, be liable with respect to any subject matter of this agreement under any contract, negligence, strict liability or other legal or equitable theory for: (i) any special, incidental or consequential damages; (ii) the cost of procurement for substitute products or services; (iii) for interruption of use or loss or corruption of data; or (iv) for any amounts that exceed the fees paid by you to Sunyata under this agreement during the twelve (12) month period prior to the cause of action. Sunyata shall have no liability for any failure or delay due to matters beyond their reasonable control. The foregoing shall not apply to the extent prohibited by applicable law.
- Indemnification. You agree to indemnify and hold harmless Sunyata, its contractors, and its licensors, and their respective directors, officers, employees and agents from and against any and all claims and expenses, including attorneys' fees, arising out of your use of the Website, including but not limited to your violation of this Agreement.
- Miscellaneous. This Agreement constitutes the entire agreement between Sunyata and you concerning the subject matter hereof, and they may only be modified by a written amendment signed by an authorized executive of Sunyata, or by the posting by Sunyata of a revised version. Except to the extent applicable law, if any, provides otherwise, this Agreement, any access to or use of the Website will be governed by the laws of the state of California, U.S.A. , excluding its conflict of law provisions, and the proper venue for any disputes arising out of or relating to any of the same will be the state and federal courts located in Sonoma County, California . Except for claims for injunctive or equitable relief or claims regarding intellectual property rights (which may be brought in any competent court without the posting of a bond), any dispute arising under this Agreement shall be finally settled in accordance with the Comprehensive Arbitration Rules of the Judicial Arbitration and Mediation Service, Inc. ("JAMS") by three arbitrators appointed in accordance with such Rules. The arbitration shall take place in Sonoma County, California, in the English language and the arbitral decision may be enforced in any court. The prevailing party in any action or proceeding to enforce this Agreement shall be entitled to costs and attorneys' fees. If any part of this Agreement is held invalid or unenforceable, that part will be construed to reflect the parties' original intent, and the remaining portions will remain in full force and effect. A waiver by either party of any term or condition of this Agreement or any breach thereof, in any one instance, will not waive such term or condition or any subsequent breach thereof. You may assign your rights under this Agreement to any party that consents to, and agrees to be bound by, its terms and conditions; Sunyata may assign its rights under this Agreement without condition. This Agreement will be binding upon and will inure to the benefit of the parties, their successors and permitted assigns.
Sunyata Satchitananda ("Sunyata") operates SunyataSatchitananda.com and may operate other websites. It is Sunyata's policy to respect your privacy regarding any information we may collect while operating our websites.
Like most website operators, Sunyata collects non-personally-identifying information of the sort that web browsers and servers typically make available, such as the browser type, language preference, referring site, and the date and time of each visitor request. Sunyata's purpose in collecting non-personally identifying information is to better understand how Sunyata's visitors use its website. From time to time, Sunyata may release non-personally-identifying information in the aggregate, e.g., by publishing a report on trends in the usage of its website.
Sunyata also collects potentially personally-identifying information like Internet Protocol (IP) addresses for logged in users and for users leaving comments on SunyataSatchitananda.com blogs/sites. Sunyata only discloses logged in user and commenter IP addresses under the same circumstances that it uses and discloses personally-identifying information as described below, except that commenter IP addresses and email addresses are visible and disclosed to the administrators of the blog/site where the comment was left.
Gathering of Personally-Identifying Information
Certain visitors to Sunyata's websites choose to interact with Sunyata in ways that require Sunyata to gather personally-identifying information. The amount and type of information that Sunyata gathers depends on the nature of the interaction. For example, we ask visitors who sign up at SunyataSatchitananda.com to provide a username and email address. Those who engage in transactions with Sunyata are asked to provide additional information, including as necessary the personal and financial information required to process those transactions. In each case, Sunyata collects such information only insofar as is necessary or appropriate to fulfill the purpose of the visitor's interaction with Sunyata. Sunyata does not disclose personally-identifying information other than as described below. And visitors can always refuse to supply personally-identifying information, with the caveat that it may prevent them from engaging in certain website-related activities.
Sunyata may collect statistics about the behavior of visitors to its websites. Sunyata may display this information publicly or provide it to others. However, Sunyata does not disclose personally-identifying information other than as described below.
Protection of Certain Personally-Identifying Information
Sunyata discloses potentially personally-identifying and personally-identifying information only to those of its employees, contractors and affiliated organizations that (i) need to know that information in order to process it on Sunyata's behalf or to provide services available at Sunyata's websites, and (ii) that have agreed not to disclose it to others. Some of those employees, contractors and affiliated organizations may be located outside of your home country; by using Sunyata's websites, you consent to the transfer of such information to them. Sunyata will not rent or sell potentially personally-identifying and personally-identifying information to anyone. Other than to its employees, contractors and affiliated organizations, as described above, Sunyata discloses potentially personally-identifying and personally-identifying information only in response to a subpoena, court order or other governmental request, or when Sunyata believes in good faith that disclosure is reasonably necessary to protect the property or rights of Sunyata, third parties or the public at large. If you are a registered user of an Sunyata website and have supplied your email address, Sunyata may occasionally send you an email to tell you about new features, solicit your feedback, or just keep you up to date with what's going on with Sunyata and our products. If you send us a request (for example via email or via one of our feedback mechanisms), we reserve the right to publish it in order to help us clarify or respond to your request or to help us support other users. Sunyata takes all measures reasonably necessary to protect against the unauthorized access, use, alteration or destruction of potentially personally-identifying and personally-identifying information.
If Sunyata, or substantially all of its assets, were acquired, or in the unlikely event that Sunyata goes out of business or enters bankruptcy, user information would be one of the assets that is transferred or acquired by a third party. You acknowledge that such transfers may occur, and that any acquirer of Sunyata may continue to use your personal information as set forth in this policy.
Coaching Program Terms of Service
“Program” means any coaching program offered by us.
(a) Upon purchase, you agree to program rules and guidelines and to pay to Sunyata Satchitananda the full amount of the Program Fee.
(b) If you cancel attendance at, or participation in, the Program for any reason whatsoever you will not be entitled to receive a refund.
** If you are non-responsive to booking attempts to fulfill program sessions (more than 4 days to reply to email) we will consider the program abandoned and if no portion of the program has been delivered, implemented or used we will issue a full refund. If any portion of the program has been delivered, participated in, or attended by you, no refund will be made.
(c) If the we are unable to render a portion of the Program as agreed and no suitable substitute or rescheduling is able to be arranged then a refund for that portion only of the Program will be made to you.
Chargebacks and Payment Security
(a) To the extent that you provide us with credit card(s) information for payment on your account, we shall be authorized to charge your credit card(s) for any unpaid charges on the dates agreed.
(b) If you use an available or agreed upon multiple-payment plan to make payments to us, we shall be authorized to make all charges at the time they are due and not require separate authorization in order to do so. You shall not make any chargebacks to our account or cancel the credit card that is provided as security without our prior written consent.
(c) You are responsible for any fees associated with recouping payment on chargebacks and any collection fees associated therewith. You shall not change any of the credit card information provided to us without notifying the us in advance.
No Resale of Services Permitted
(a) You agree not to reproduce, duplicate, copy, sell, trade, resell or exploit for any commercial purposes, any portion of the Program (including program materials), use of the Program, or access to the Program.
(b) This agreement is not transferable or assignable without our prior written consent, where such consent may be withheld at our absolute discretion.
No Transfer of Intellectual Property
(a) Our copyrighted and original materials shall be provided to you for your personal individual use only and with a single-user, non-transferable, revocable license.
(b) You agree that you will not use any of our intellectual property, including without limitation our copyrighted and original materials, for your business purposes.
(c) You shall not be authorized to share, copy, distribute, or otherwise disseminate any materials received from us electronically or otherwise without our prior written consent.
(d) All intellectual property, including our copyrighted program materials, shall remain our sole property.
(e) No license to sell or distribute our materials is granted or implied by enrollment in any program offered by or through our us or resulting from any information shared during program session or by the payment of any fees.
Limitation of Liability
(a) By enrolling in a Program and using our services, you release us, our representatives, officers, employees, directors, affiliates or any related entities from any and all damages which may result from providing coaching services to you.
(b) Coaching programs are an educational/coaching service only.
(c) You agree to accept any and all risks, foreseeable or non-foreseeable, arising from our services.
(d) All claims against us must be lodged within 90 days of the date of the cause of action arising or otherwise the right of action is forfeited.
(e) You agree that we will not be held liable for any damages of any kind resulting or arising from the provision of coaching services including but not limited to; direct, indirect, incidental, special, negligent, consequential, or exemplary damages happening from the use or misuse of our coaching services or enrollment in a Program.
(f) You agree to use our coaching services at your own risk and will take complete responsibility for your results and outcomes.
Disclaimer of Guarantee
(a) You affirm, accept and agree that you are entirely and solely responsible for your progress, results and outcomes from participation in our Program.
(b) You accept and agree that we cannot control your responses to the provision of the services under this Agreement.
(c) We make no representations or guarantees whatsoever regarding performance of this Agreement other than those specifically stated herein.
(d) We, and any of our affiliates disclaim, as far as is permitted by law, the implied warranties of titles, merchantability, and fitness for a particular purpose.
(e) We make no guarantee or warranty that our Program will meet your requirements or that all clients will achieve the same or similar results.
(a) To the extent that you interact with us, our staff and/or other clients/partners, you agree to behave courteously and respectfully at all times.
(b) You agrees to abide by any Program rules and/or regulations presented by us concerning a program we offer.
(c) Failure to abide by Program rules and regulations shall be a material breach of this Agreement and therefore sufficient cause for immediate termination of this Agreement by us.
(d) In the event of such termination, you shall not be entitled to refund of any amounts paid and shall remain responsible for any outstanding program fee balance amount.
(e) You should use all sessions in the time frame stated by the program purchased. If the time frame ends without arrangements agreed to by us, you will not be entitled to the missed sessions.
(f) In the event of no-show session(s), we retain the right to mark that session as a ‘missed’ session which will be counted as partial fulfillment of the program, unless you notify us 24 hours before the session.
(g) Delivery of content and sessions will be held via Skype, Phone and, if possible, in person. We take no responsibility and are not liable to give compulsory sessions in person.
Use of Program Materials
(a) You consent to recordings being made of your participation in our Program for non-public use in evaluation and quality control purposes.
(b) We reserve the right to use, at our sole discretion, program materials, videos and audio recordings of the program, and materials submitted by you in the context of the Program for future lecture, teaching, and marketing materials, and further other goods/services provided by us, without attribution or compensation to you.
(c) You consent to your first name, voice, and demographic information being used by us for future lecture, teaching, and marketing materials, and further other goods/services provided by us, without compensation to you or need for further agreement.
No Substitute of Medical Treatment
(a) You agree to be mindful of your own health and wellbeing while receiving or participating in any coaching services or program(s) and will seek appropriate medical treatment (including, but not limited to, psychotherapy) if needed.
(b) We do not provide, and do not present as providing, medical, therapy, or psychotherapy services.
(c) We are not responsible for any decisions made by you as a result of the coaching and any consequences thereof.
(d) No statement by us should ever be taken by you as a recommendation to discontinue the use of legal drugs or controlled substances prescribed by an appropriately licensed practitioner. Any third party information (such as books or articles) provided is entirely educational in nature, and it is up to you to use your own independent judgment in assessing or utilizing such information. Any suggestions or recommendations made us are to assist you to make informed and educated decisions in restoring your sense of health, wholeness, and wellbeing. No suggestions or recommendations made by us are intended as treatment or prescription for any disease, or as a substitute for regular medical care by a qualified physician or therapist.
(a) In the event that you are in arrears of payment or otherwise in default of this Agreement, all payments due here under shall be immediately due and payable.
(b) We shall be allowed to immediately collect all sums due from you and to terminate this Agreement without providing further services to you.
(c) In the event that you are in arrears of payments to us, you shall not be permitted to use or receive any of our services or to participate in any Program.
(a) The term “Confidential Information” shall mean information which is not generally known to the public relating to your business or personal affairs.
(b) We agree not to disclose, reveal or make use of any Confidential Information resulting from discussions or coaching sessions with you, without the written consent of the Client except where required by law.
(c) We shall keep Confidential Information about you in strictest confidence and shall use our best efforts to safeguard your Confidential Information and to protect it against disclosure, misuse, espionage, loss and theft.
(a) In the event that a dispute arises between the Parties, then the Parties agree and accept that they will negotiate in good faith to settle such dispute. If, after a reasonable period of negotiation, the dispute is not settled then either party may commence further action in the venue stated below.
(b) In the event of a dispute between the Parties, the Parties agree that they neither will engage in any conduct or communications, public or private, designed to disparage the other.
(a) You shall defend, indemnify, and hold harmless Sunyata Satchitananda, our representatives, shareholders, trustees, affiliates, employees, subcontractors and successors from and against any and all liabilities and expense whatsoever – including without limitation, claims, damages, judgments, awards, settlements, investigations, costs, attorney’s fees, and disbursements – which any of them may incur or become obligated to pay arising out of or resulting from the offering for sale, the sale, and/or use of coaching service(s), excluding, however, any such expenses and liabilities which may result from a breach of this Agreement or sole negligence or willful misconduct by us, or any of our representatives, shareholders, trustees, affiliates, employees, subcontractors and successors.
(b) You shall defend Sunyata Satchitananda in any legal actions or the like arising from or related to this Agreement where such action brought by a third party for or on your behalf.
(c) You recognize and agree that all of Sunyata Satchitananda’s representatives, shareholders, trustees, affiliates, employees, subcontractors and successors shall not be held personally, individually or collectively, responsible or liable for any actions or representations by us.
In the event of any conflict between the provisions contained in this Agreement and any materials used by us, our representatives, or employees, the provisions of this Agreement shall prevail.