PLEASE READ THESE TERMS AND CONDITIONS OF USE CAREFULLY BEFORE USING THIS SITE.
Latest update: 12.15.2015
1. ACCEPTANCE OF TERMS
NAMASTA provides online services to you subject to the following Terms and Conditions of Service (“TOS”). By using the NAMASTA Site, you signify your agreement to these TOS. If you do not agree to the TOS, please do not use this Site. Even if a sentence below does not specifically use words such as ‘you acknowledge’ or ‘you agree’ you actually are acknowledging and confirming your agreement to all of the TOS. Please keep in mind that the TOS includes other terms and conditions that may be contained in a link or in some other document which the TOS refers to.
We will update these TOS from time to time as we see fit. Please check these terms periodically for changes. Your continued use of this NAMASTA Site and Services following the posting of changes to the TOS will mean you accept those changes. In addition, when you use, register and/or sign up for particular NAMASTA services, you must comply with all posted guidelines or rules applicable to such services.This TOS incorporates all such guidelines or rules.
NAMASTA intends to address a variety of information and business needs of the community of mind-body professionals such as yoga studio owners and managers, pilates center owners and managers, tai chi school owners and managers, instructors in those fields, massage therapists and bodyworkers, and any person interested in such topics.
NAMASTA currently provides a variety of on-line content, systems, resources and third party services, electronic newsletter (collectively the “Services”), which we are constantly seeking to improve and enhance. Some of those services are available for free to website visitors, other services require payment of a membership fee and are only available to members.
You must complete the Newsletter registration form on the Sign Up page in order to receive the Newsletter. The Newsletter is published periodically and is currently available at no charge to the user. NAMASTA has the right to discontinue access to the Newsletter to non-members; to change the format, frequency, price or length of the Newsletter; or we may cease publication of the newsletter altogether.
You must complete the Member registration form on the Sign Up page and pay for the Services in order to receive the Services. You must provide true, accurate, current, and complete information about yourself as requested in the registration forms.
Unless explicitly stated otherwise, any new features that augment or enhance the current Service shall be subject to the TOS. You understand and agree that the Service is provided “AS-IS” and that NAMASTA assumes no responsibility for the timeliness, deletion, mis-delivery or failure to store any user communications or personalization settings. NAMASTA reserves the right at any time and from time to time to modify or discontinue, temporarily or permanently, the Services (or any part thereof) with or without notice. You agree that NAMASTA shall not be liable to you or to any third party for any modification, suspension or termination of the Service.
Some Services may only be available to certain Members — for instance to Members located in a certain geographic region of the U.S., Canada or another country, or in a certain country only, or to Members who have a certain membership level. In the event some or all of a Service is not accessible to you or has been discontinued, there will be no adjustment in your Membership Fees and no change in the Membership Fee that would otherwise apply to you.
NAMASTA, at its own discretion, may immediately disable your access without refund to the Services if NAMASTA believes in its sole discretion that you have violated any of the TOS.
Although NAMASTA strives to maintain the availability of the Service twenty-four hours a day, it makes no representation or promise that any and all Services will always be available, and you agree NAMASTA is not liable to you or any third party for the temporary or permanent unavailability of the Service. See also the Disclaimer of Liability below.
As part of the registration process, you will identify an email address and password for your NAMASTA account. You are responsible for maintaining the security and confidentiality of the password and account, and are fully responsible for all activities that occur under your password or account. You agree to (a) immediately notify NAMASTA of any unauthorized use of your password or account or any other breach of security, and (b) ensure that you exit from your account at the end of each session and (c) refrain from communicating your password to another person. NAMASTA cannot and will not be liable for any loss or damage arising from your failure to comply with this Section. NAMASTA is entitled to monitor your password NAMASTA and at its discretion, may require you to change it. If you use a password that NAMASTA believes is insecure, NAMASTA reserves the right to require you to change it or to terminate your account.
NAMASTA reserves the right to refuse registration of, or cancel, accounts it deems inappropriate.
The term “member” used here is not a legal term and members are not entitled to voting rights nor a share of the revenues or profits of NAMASTA.
3. USE OF SERVICE
This is an Agreement for Services, and you are not granted a license to any software by this Agreement. You will not, directly or indirectly: reverse engineer, decompile, disassemble, or otherwise attempt to discover the source code, object code, or underlying structure, ideas, or algorithms of, or found at or through the Services or any software, documentation, or data related to the Services (“Software”); modify, translate, or create derivative works based on the Services or any Software; or copy, distribute, pledge, assign, or otherwise transfer or encumber rights to the Services or any Software. The Services shall be used for your internal business (which includes civic or charitable) purposes only and you shall not use the Services or any Software for timesharing or service bureau purposes or otherwise for the benefit of a third party.
It is a condition of your use of this site that all the information you provide to this site will be complete, accurate and current. If NAMASTA believes the information you provide is not complete, accurate or current, we have the right to refuse you access to this site or any of its resources and to terminate or suspend you access at any time, without notice.
You are responsible for monitoring, correcting and updating the email addresses to which messages are sent through your NAMASTA account.
In order to use the Services, you must obtain access to the World Wide Web, either directly or through devices that access web-based content, and pay any service fees associated with such access. In addition, you must provide all equipment necessary to make such connection to the World Wide Web, including a computer and modem or other access device. Please be aware that to sign up for certain NAMASTA services, including but not limited to long distance telecommunications services, you must be at least 18 years of age and must meet any stated sign-up criteria.
In consideration of your use of the Service, you agree to use the Service as intended by NAMASTA, and to refrain from any misuse of sites, services, and/or systems made available by NAMASTA. Misuse of the service includes but is not limited to any action described in a-j below, or that compromises NAMASTA’ site, services, systems and/or any information contained therein. Misuse of the service will be prosecuted to the fullest extent of the law.
You agree to not use the Service to:
a. upload, post, email or otherwise transmit any content, including but not limited to e-mail communication, information, data, text, software, music, sound, photographs, graphics, video, messages or other material (“Content”), that is unlawful, harmful, threatening, abusive, harassing, tortuous, defamatory, vulgar, obscene, libelous, invasive of another’s privacy, hateful, or racially, ethnically or otherwise objectionable;
b. harm minors in any way;
c. impersonate any person or entity, including, but not limited to, a NAMASTA employee, or falsely state or otherwise misrepresent your affiliation with a person or entity;
d. forge headers or otherwise manipulate identifiers in order to disguise the origin of any Content, including but not limited to e-mail commentary, transmitted through the Service;
e. upload, post, email or otherwise transmit any Content that you do not have a right to transmit under any law or under contractual or fiduciary relationships (such as inside information, proprietary and confidential information learned or disclosed as part of employment relationships or under nondisclosure agreements);
f. upload, post, email or otherwise transmit any Content that infringes any patent, trademark, trade secret, copyright or other proprietary rights (“Rights”) of any party;
g. upload, post, email or otherwise transmit any unsolicited or unauthorized advertising, promotional materials, “junk mail,” “spam,” “chain letters,” “pyramid schemes,” or any other form of solicitation, except in those areas that are designated for such purpose;
h. upload, post, email or otherwise transmit any material that contains software viruses or any other computer code, files or programs designed to interrupt, destroy or limit the functionality of any computer software or hardware or telecommunications equipment;
i. interfere with or disrupt the Service or servers or networks connected to the Service, or disobey any requirements, procedures, policies or regulations of networks connected to the Service;
j. access, collect or store personal data about other users;
k. intentionally or unintentionally violate any applicable local, state, national or international law.
You will be billed annually or your pre-paid account will be debited for Services. Payment for Services will be made by a valid credit or debit card accepted by NAMASTA and its payment processing partners. Please Note: Your Subscription will be automatically renewed and your credit or debit card account will be charged as follows:
- Every Month for Monthly Subscriptions
- Upon every one (1) year anniversary for Annual SubscriptionsThe renewal charge shall be equal to the original customer signup price (excluding any promotional discount), unless otherwise notified in advance by NAMASTA. Customer will have thirty (30) days after the date that any renewal fee is posted to Customer’s charge account to give notice that he or she wishes to cancel his or her subscription. The subscription will be cancelled upon receipt of such notification and a credit will be posted to Customer’s charge account equal to the latest renewal fee charged. NAMASTA will inform its partners that you are no longer entitled to the privileges of membership.You hereby authorize NAMASTA to charge your credit or debit card for such amounts on a regular basis, but generally on the same day of each month. Dues are payable in US dollars. If NAMASTA is for any reason unable to effect automatic payment via your credit or debit card, you will be notified via email and your NAMASTA account will be disabled until payment is received. Pricing may vary based upon such parameters as type of membership, promotions and country of residence or any other parameter NAMASTA deems appropriate; you are responsible for reviewing the Fee Schedule from time to time and remaining aware of the Fees charged by NAMASTA.
Occasionally, NAMASTA may offer a special price to increase the size of its membership. Any such price is for annual memberships unless otherwise noted. Members or clients of specific partner organizations with whom NAMASTA has an agreement may be eligible for reduced membership dues or special NAMASTA membership benefits for a period of time that it determined by NAMASTA. False claims regarding your relationship with other such organizations (member or client) may result in suspension or termination of your membership and any course of action NAMASTA deems appropriate.
5. NAMASTA USE OF INFORMATION
6. NO RESALE OF SERVICE
The Service is provided for the use and enjoyment of visitors and registrants to NAMASTA’s Web sites. You agree not to reproduce, duplicate, copy, sell, resell or exploit for any commercial purposes, any portion of the Service, use of the Service, or access to the Service. You agree not to make your password available to third parties. You agree not to disclose discount coupons and other offers to third parties that would allow third parties to benefit from said coupons or offers without paying the corresponding NAMASTA membership fees.
You agree that NAMASTA, in its sole discretion, may terminate your password or use of the Service, if NAMASTA believes that you have violated or acted inconsistently with the letter or spirit of the TOS. NAMASTA may also in its sole discretion and at any time discontinue providing the Service, or any part thereof, with or without notice. You agree that any termination of your access to the Service under any provision of this TOS may be effected without prior notice. Further, you agree that NAMASTA shall not be liable to you or any third party for any termination of your access to the Service.
You may terminate this Agreement at any time by sending an email message to firstname.lastname@example.org or by sending written notice to NAMASTA at 2313 Hastings Drive, Belmont CA 94002. There are no refunds for any fees paid.
NAMASTA may terminate this Agreement or the Services at any time with or without cause, and with or without notice. NAMASTA shall have no liability to you or any third party because of such termination.
NAMASTA will delete any of your archived data within 60 days after the date of termination. All sections of this Agreement which by their nature should survive termination will survive termination, including, without limitation, ownership, warranty disclaimers and limitations of liability.
Upon termination, you must cease use of the NAMASTA Site and destroy all materials and logos identifying you as a NAMASTA member and obtained from such site and all copies thereof, whether made under these terms or otherwise.
8. DEALINGS WITH MERCHANTS & ADVERTISERS
Your correspondence or business dealings with, or participation in promotions of, advertisers and/or merchants found on or through the Service, including payment and delivery of related goods or services, and any other terms, conditions, warranties or representations associated with such dealings, are solely between you and such advertiser and/or merchant. You agree that NAMASTA shall not be responsible or liable for any loss or damage of any sort incurred as the result of any such dealings or as the result of the presence of such advertisers and/or merchants on the Service.
From time to time you may receive banner or other advertisements or promotions from third parties while using NAMASTA’s Service. Your dealings with such third parties, including, without limitation, the payment for and delivery of goods and services, and any terms, conditions, warranties, or representations associated with your dealings with third parties are solely between you and the third party. NAMASTA does not make any representations or warranties (as to quality, efficacy or otherwise) with respect to any goods or services which may be obtained from such third parties, and you agree that NAMASTA shall have no liability therefor.
NAMASTA does NOT sell insurance. NAMASTA provides a benefit to members with liability and health benefits provided by brokers and the respective carriers. Valid and current NAMASTA members who wish to purchase insurance need to do so directly with the insurance companies. Individuals applying for the insurance programs while not [or no longer] members of NAMASTA face the risk of their insurance not being honored in case of a claim. All inquiries regarding insurance programs details must be addressed by reading the material available from the respective companies or contacting said companies. NAMASTA does not provide insurance advice and will not be responsible for your lack of coverage, lack of membership, misunderstandings, errors, mistakes, ignorance, delays, expiration etc… You are responsible for determining the adequacy and applicability of the insurance programs to your needs.
NAMASTA also provides access to various health benefits for members and website visitors. These health benefits are provided by third parties for the benefit of NAMASTA’s audience. Unless otherwise noted, these are not insurance programs.
The Service may provide, or third parties may provide, references and/or links to other World Wide Web sites or resources. Because NAMASTA has no control over such sites and resources, you acknowledge and agree that NAMASTA is not responsible for the availability of such external sites or resources, and does not endorse or sponsor and is not responsible or liable for any TOS, Content, advertising, products, or other materials on or available from such sites or resources. You further acknowledge and agree that NAMASTA shall not be responsible or liable, directly or indirectly, for any damage or loss caused or alleged to be caused by or in connection with use of or reliance on any such Content, goods or services available on or through any such site or resource.
10. NAMASTA’ PROPRIETARY RIGHTS
All proprietary rights in the Service and any necessary software used in connection with the Service or this Web site (“Software”) are owned or licensed for use by NAMASTA. This Web site is owned and operated by NAMASTA and except as otherwise specified, NAMASTA owns all materials appearing on this Web site, including the text, site design, logos, photographs, graphics, and images, as well as the selection, assembly and arrangement thereof. You acknowledge and agree that the Service and Software contain proprietary and confidential information that is protected by applicable intellectual property and other laws. You further acknowledge and agree that Content contained in sponsor advertisements or information presented to you through the Service or advertisers is protected by copyrights, trademarks, service marks, patents or other proprietary rights and laws. Except as expressly authorized by NAMASTA or advertisers, you agree not to copy, modify, rent, lease, loan, sell, distribute, display, perform or create derivative works based on the Service or the Software, in whole or in part.
If you are a “Professional” level member of NAMASTA in good standing with access to the NAMASTA Services, NAMASTA may make available to you for your business use a NAMASTA Member logo, electronic seal and membership certificate for display and use on your business communications such as website or business cards. In no case will you imply or suggest that such Member Logo constitutes an endorsement of your business activities.
NAMASTA may also explicitly make available to you content for the purposes of replicating it in your marketing communications with your own clients. You may download one copy of this content for your personal use only, as long as you keep all copyright and other proprietary notices intact, but are prohibited from any other use except as expressly authorized by NAMASTA or the applicable NAMASTA partner. Unless specifically noted on the website or in the NAMASTA newsletter, no NAMASTA material may be copied. For the sale of clarification, you may not copy, distribute or create derivative works of such content without express permission and you may not “frame” any content into NAMASTA’s site or “frame” content from NAMASTA’s site into any other site.
If you transmit content to NAMASTA, we will be free to use and reproduce any such information freely, and for any purpose whatsoever. Specifically, we will be free to use any ideas, concepts, know-how or techniques contained in such information for any purpose, including developing, manufacturing or marketing products or services, or as part of our promotion and marketing. Any information you send to NAMASTA must be truthful, legal, and not violate the rights of others.You grant NAMASTA a world-wide, royalty-free, and non-exclusive license to reproduce, modify, adapt and publish the Content for any purpose NAMASTA chooses. We are free to use and reproduce any such information freely, and for any purpose whatsoever. If you would like to submit an article to NAMASTA for publication in the NAMASTA Newsletter or website, you agree to submit only a general description of your article until such time NAMASTA has agreed to feature the full article.
11. TRADEMARK INFORMATION
You acknowledge and agree that the Services and the NAMASTA and North American Studio Alliance names and logos and all related product and service names, design marks and slogans, are the property of NAMASTA or its affiliates or suppliers (collectively, the “Marks”). You are not authorized to use any of the NAMASTA Marks in any advertising, publicity or any other commercial manner without the explicit or prior written consent of NAMASTA. NAMASTA consents to your use of the Marks when you properly copy articles or content for use in your own marketing literature provided that you are a Member, that you reproduce all copyrights and ownership legends and that you only use the Marks for marketing to your clients. You are not authorized to use any of the third party Marks in any advertising, publicity or any other commercial manner. Your use of the Services confers no title or ownership in the Service, the Software or the Marks and is not a sale of any rights in the Service, the Software or the Marks. All ownership rights remain in NAMASTA or its third party suppliers, as the case may be. NAMASTA respects the intellectual property of others, and we ask our users to do the same.
12. GENERAL INFORMATION
The TOS [as updated from time to time], along with terms and conditions provided to members registering to join NAMASTA, as well as customers of NAMASTA’ sites and services, constitute the entire agreement between you and NAMASTA and govern your use of the Service, and supersede all prior agreements between you and NAMASTA. If there is a conflict between the provisions of the then current TOS and those of your membership registration, the terms of that TOS will govern only to the extent there is a conflict. You also may be subject to additional terms and conditions when you use affiliate services, third-party content or third-party software that you access through this site or as a member of NAMASTA. The TOS and the relationship between you and NAMASTA shall be governed exclusively by the laws of the State of California without regard to its conflict of law provisions. All disputes arising under or relating to these Terms and Conditions shall be resolved through informal dispute resolution, mediation and arbitration. You agree to first try to resolve the dispute informally directly with us and if you are not satisfied with the outcome, through the Better Business Bureau of San Mateo County, California. If the parties cannot resolve their differences after the informal dispute resolution process, they shall agree on a mediator. If the parties cannot agree on a mediator or fail to arrive at a mutually satisfactory solution through mediation within 10 days following the commencement of such mediation, the parties agree to submit their dispute to binding arbitration of a single arbitrator in San Francisco, CA according to the rules of the American Arbitration Association. NAMASTA shall also have the right to appropriate injunctive relief at any time. You agree that regardless of any statute or law to the contrary, any claim or cause of action arising out of or related to use of the Service or the TOS must be filed within one (1) year after such claim or cause of action arose or be forever barred.
The section titles in the TOS are for convenience only and have no legal or contractual effect.
13. WARRANTY DISCLAIMER, REMEDIES
YOU EXPRESSLY UNDERSTAND AND AGREE THAT:
– NAMASTA’S SERVICE IS PROVIDED ON AN “AS IS” AND “AS AVAILABLE” BASIS. YOU EXPRESSLY AGREE THAT USE OF NAMASTA’S SERVICE IS AT YOUR SOLE RISK.
– USE OF THE SERVICES AND ANY RELIANCE BY YOU UPON THE SERVICES, INCLUDING ANY ACTION TAKEN BY YOU BECAUSE OF SUCH USE OR RELIANCE, IS AT YOUR SOLE RISK. NAMASTA DOES NOT WARRANT THAT THE SERVICES WILL BE UNINTERRUPTED OR ERROR FREE; NOR DOES IT MAKE ANY WARRANTY AS TO THE RESULTS THAT MAY BE OBTAINED FROM USE OF THE SERVICES. THE SERVICES ARE PROVIDED “AS IS” AND NAMASTA DISCLAIMS ALL WARRANTIES, EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE AND NONINFRINGEMENT.
– NAMASTA MAKES NO WARRANTY THAT (i) THE SERVICE WILL MEET YOUR REQUIREMENTS, (ii) THE SERVICE WILL BE UNINTERRUPTED, TIMELY, SECURE, OR ERROR-FREE, (iii) THE RESULTS THAT MAY BE OBTAINED FROM THE USE OF THE SERVICE WILL BE ACCURATE OR RELIABLE, (iv) THE QUALITY OF ANY PRODUCTS, SERVICES, INFORMATION, OR OTHER MATERIAL PURCHASED OR OBTAINED BY YOU THROUGH THE SERVICE WILL MEET YOUR EXPECTATIONS, AND (V) ANY ERRORS IN THE SOFTWARE WILL BE CORRECTED. ANY SERVICE OR PRODUCT OBTAINED THROUGH THE USE OF THE NAMASTA IS DONE AT YOUR OWN DISCRETION AND RISK AND THAT YOU WILL BE SOLELY RESPONSIBLE FOR ANY DAMAGE.
– IF YOU ARE DISSATISFIED WITH NAMASTA’S SERVICE FOR ANY REASON, YOUR EXCLUSIVE REMEDY IS TO DISCONTINUE USE OF THE SERVICE.
– IF YOU DO NOT AGREE WITH THESE TERMS OF SERVICE, YOU HAVE THE OPTION TO NOT USE NAMASTA’S SERVICES.
– NO ADVICE OR INFORMATION, WHETHER ORAL OR WRITTEN, OBTAINED BY YOU FROM NAMASTA OR THROUGH OR FROM THE SERVICE SHALL CREATE ANY WARRANTY NOT EXPRESSLY STATED IN THE TOS.
– ANY MATERIAL [SUCH AS INFORMATION, TIP, ARTICLE, WEBSITE DOCUMENT, TESTIMONIAL, ARTICLE, E-MAIL, CONVERSATION, EXAMPLE OR OTHER] OBTAINED THROUGH NAMASTA IS ONLY AN ILLUSTRATION OR A CONCEPT AND THERE IS NO ASSURANCE THAT YOU WILL BE ABLE TO EARN MORE REVENUE, REDUCE RISKS OR COSTS OR OTHERWISE MAINTAIN OR IMPROVE YOUR SITUATION BY USING INFORMATION OR SERVICES PROCURED THROUGH NAMASTA. NAMASTA DOES NOT GUARANTEE OR WARRANT THAT THE MATERIALS PRESENTED ARE ACCURATE, COMPLETE OR UP-TO-DATE. THE MATERIALS ARE GENERAL IN NATURE AND MAY NOT APPLY TO PARTICULAR FACTUAL, LEGAL, INSURANCE, MEDICAL, BUSINESS, TAX OR OTHER CIRCUMSTANCES. YOU ACCEPT THE RISK OF NOT DOING AS WELL AS DESCRIBED IN SAID MATERIAL.
THERE CAN BE NO ASSURANCES THAT ANY PRIOR SUCCESSES OR PAST RESULTS CAN BE USED AS YOUR FUTURE SUCCESS OR RESULTS. BUSINESS PERFORMANCE AND ECONOMIC RESULTS ARE BASED ON MANY FACTORS. NAMASTA DOES NOT KNOW YOUR PROFILE, BACKGROUND, TRAINING, SKILLS, ETHICS OR PRACTICES. THERE IS NO ASSURANCE THAT YOUR SITUATION WILL IMPROVE IF YOU USE THE INFORMATION OR SERVICES PROCURED THROUGH NAMASTA.
MAKING DECISIONS BASED ON ANY MATERIAL INFORMATION PRESENTED IN NAMASTA’S MATERIAL OR THIRD PARTY SERVICES SHOULD BE MADE ONLY WITH THE KNOWLEDGE THAT YOU COULD EXPERIENCE SIGNIFICANT LOSSES OR MAKE NO MONEY AT ALL.
– ALL PRODUCTS AND SERVICES BY NAMASTA ARE FOR EDUCATIONAL AND INFORMATIONAL PURPOSES ONLY. USE CAUTION AND SEEK THE ADVICE OF QUALIFIED PROFESSIONALS SUCH AS ACCOUNTANTS, INSURANCE AGENTS, TAX EXPERTS, BUSINESS CONSULTANTS, MEDICAL PROFESSIONALS ETC… BEFORE ACTING ON THIS OR ANY INFORMATION OR RELYING ON IT.
USERS OF INFORMATION, PRODUCTS AND SERVICES OBTAINED VIA OR FROM NAMASTA ARE ADVISED TO DO THEIR OWN DUE DILIGENCE WHEN IT COMES TO MAKING DECISIONS ON ALL INFORMATION, PRODUCTS AND SERVICES THAT HAVE BEEN PROVIDED SHOULD BE INDEPENDENTLY VERIFIED BY YOUR OWN QUALIFIED PROFESSIONALS.
YOU AGREE THAT NAMASTA IS NOT RESPONSIBLE FOR THE SUCCESS OR FAILURE OF YOUR DECISIONS RELATING TO ANY INFORMATION PRESENTED BY NAMASTA OR PRODUCTS OR SERVICES ACCESSED VIA NAMASTA.
14. LIMITATION OF LIABILITY
For purposes of this section, the term ‘NAMASTA’ means affiliates, service providers, partners, providers, vendors etc…
YOU EXPRESSLY UNDERSTAND AND AGREE THAT TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, EVEN IF ANY REMEDY FAILS OF ITS ESSENTIAL PURPOSE , UNDER NO CIRCUMSTANCES AND UNDER NO LEGAL THEORY, TORT, CONTRACT, OR OTHERWISE, SHALL NAMASTA OR ANY OF ITS AFFILIATES, UNDERLYING SERVICE PROVIDERS, BUSINESS PARTNERS, INFORMATION PROVIDERS, ACCOUNT PROVIDERS, LICENSORS, EMPLOYEES, OFFICERS, DIRECTORS ADVISORS, DISTRIBUTORS OR AGENTS (COLLECTIVELY REFERRED TO FOR PURPOSES OF THIS SECTION AS “NAMASTA”) BE LIABLE TO YOU OR ANY OTHER PERSON FOR ANY MONEY DAMAGES, WHETHER DIRECT, INDIRECT, SPECIAL, INCIDENTAL, COVER, EXEMPLARY, PUNITIVE, RELIANCE OR CONSEQUENTIAL DAMAGES, INCLUDING BUT NOT LIMITED TO, DAMAGES FOR LOSS OF PROFITS, GOODWILL, USE, DATA OR OTHER INTANGIBLE LOSSES EVEN IF NAMASTA SHALL HAVE BEEN INFORMED OF THE POSSIBILITY OF SUCH DAMAGES, OR FOR ANY CLAIM BY ANY OTHER PARTY RESULTING FROM DAMAGES FOR ANY REASON WHATSOEVER INCLUDING, WITHOUT LIMITATION, FOR LOSS OF PROFITS, LOSS OF CONFIDENTIAL OR OTHER INFORMATION, BUSINESS INTERRUPTION, PERSONAL INJURY, LOSS OF PRIVACY, FAILURE TO MEET ANY DUTY (INCLUDING OF GOOD FAITH OR OF REASONABLE CARE), NEGLIGENCE, AND ANY OTHER PECUNIARY OR OTHER LOSS WHATSOEVER)
(i) THE USE OR THE INABILITY TO USE THE SERVICE;
(ii) THE COST OF PROCUREMENT OF SUBSTITUTE GOODS AND SERVICES RESULTING FROM ANY GOODS, DATA, INFORMATION OR SERVICES PURCHASED OR OBTAINED OR MESSAGES RECEIVED OR TRANSACTIONS ENTERED INTO THROUGH OR FROM THE SERVICE;
(iii) UNAUTHORIZED ACCESS TO OR ALTERATION OF YOUR TRANSMISSIONS OR DATA;
(iv) STATEMENTS OR CONDUCT OF ANY THIRD PARTY ON THE SERVICE; OR
(v) ANY OTHER MATTER RELATING TO THE SERVICE.
FURTHER, NAMASTA DOES NOT MAKE ANY WARRANTY THAT ITS SERVICE WILL MEET YOUR REQUIREMENTS, OR THAT NAMASTA’S SERVICE WILL BE UNINTERRUPTED, TIMELY, SECURE, OR ERROR FREE, OR THAT DEFECTS, IF ANY, WILL BE CORRECTED; NOR DOES NAMASTA MAKE ANY WARRANTY AS TO THE RESULTS THAT MAY BE OBTAINED FROM THE USE OF NAMASTA’S SERVICE OR AS TO THE ACCURACY OR RELIABILITY OF ANY INFORMATION OBTAINED THROUGH NAMASTA’S SERVICE.
NAMASTA DOES NOT MAKE ANY WARRANTY REGARDING ANY GOODS OR SERVICES PURCHASED OR OBTAINED THROUGH OR FROM NAMASTA’S SERVICE OR ANY TRANSACTIONS ENTERED INTO BY USE OF OR THROUGH NAMASTA’S SERVICE. NO ADVICE OR INFORMATION, WHETHER ORAL OR WRITTEN, OBTAINED BY YOU FROM NAMASTA OR THROUGH NAMASTA’S SERVICE SHALL CREATE ANY WARRANTY NOT EXPRESSLY MADE HEREIN.
IN THE EVENT THAT NOTWITHSTANDING THE FOREGOING, NAMASTA IS FOUND LIABLE TO YOU FOR DAMAGES FROM ANY CAUSE WHATSOEVER, AND REGARDLESS OF THE FORM OF THE ACTION (WHETHER IN CONTRACT, TORT (INCLUDING NEGLIGENCE), PRODUCT LIABILITY OR OTHERWISE), THE LIABILITY OF NAMASTA TO YOU WILL BE LIMITED TO THE AMOUNT YOU PAID FOR THE SERVICE.
SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OR LIMITATION OF INCIDENTAL OR CONSEQUENTIAL DAMAGES, SO THIS LIMITATION AND EXCLUSION MAY NOT APPLY TO YOU.
You agree to indemnify and hold NAMASTA, and its subsidiaries, affiliates, officers, agents, co-branders or other partners, representatives and employees, harmless from any claim or demand, including reasonable attorneys’ fees, made by any third party due to or arising out of your use of the Service, your connection to the Service, your violation of the TOS, or your violation of any rights of another.
In any action or proceeding to enforce rights under the Agreement, the prevailing party will be entitled to recover its costs and attorneys’ fees.
15. APPLICABLE LAW AND SEVERABILITY
This Agreement shall be governed by and construed in accordance with the laws of the State of California, without giving effect to its conflict of laws provisions.
If any provision of these terms is found to be invalid unlawful, void, or for any reason unenforceable, then that provision shall be deemed severable from these terms and shall not affect the validity and enforceability of any remaining provisions. This is the entire agreement between us relating to the subject matter herein and shall not be modified except in writing, signed by both parties.