BY PARTICIPATING IN ANY CLASS OR USING ANY OF THE INSTITUTE’S SERVICES, YOU ARE AGREEING THAT YOU HAVE READ, AND AGREE TO COMPLY WITH AND BE BOUND BY, THE TERMS OF THIS AGREEMENT IN THEIR ENTIRETY WITHOUT LIMITATION OR QUALIFICATION AND ALL APPLICABLE LAWS AND REGULATIONS. IF YOU DO NOT AGREE TO BE BOUND BY THE TERMS AND CONDITIONS OF THIS AGREEMENT, DO NOT PARTICIPATE IN ANY CLASS, OR USE ANY SERVICES, OFFERED BY THE INSTITUTE.
When enrolling in workshops, classes or other Services, the Institute may collect certain personal information from you, such as your name, address, email address and other information that you submit to the Institute. While the Institute will use commercially reasonable efforts to protect the privacy of your information, such privacy cannot be guaranteed. The Institute reserves the right to use your information for its own internal use and for use in connection with its advertising and marketing programs. If you participate in a workshop or otherwise use the Institute’s Services, you agree that any Images (as defined below) taken by the Institute are not considered information subject to this privacy section but are subject in all respects to the release set forth in Section 2 below.
If you participate in a workshop or otherwise use the Institute’s Services, you hereby grant the institute the irrevocable and perpetual right to (i) record your name, likeness and/or voice relating to your participation in the Services (collectively, the “Released Subject Matter”) which includes, without limitation, photographs, pictures, portraits, moving pictures, recorded voice, recorded video, and stills (the “Images”), and to edit such Released Subject Matter at the institute’s discretion; and (ii) publish, reproduce, copyright, exhibit, display, distribute, and otherwise use the Images, or any portion thereof, in all forms and media including composite or modified representations for any lawful purpose that the Institute deems appropriate, including advertising, trade, exhibition, illustration, promotion, publicity, advertising, electronic publication and any commercial purpose. You acknowledge and agree that you are not owed and will not be owed any consideration or royalty for such use. You understand and agree that the Institute is under no obligation to make any use of the Images or the rights granted herein. You expressly release the Institute and its agents, employees, licensees, successors and assigns (and all persons acting under any of their permission or authority) from and against any and all claims arising in connection with any use of the Released Subject Matter or the exercise of the rights granted herein which you have or may have for libel, slander, invasion of privacy, infringement of moral rights, defamation, copyright or trademark infringement, rights of publicity, any other personal or proprietary right, or any other cause of action arising out of the production, distribution, broadcast, or exhibition of the Released Subject Matter.
3. Right to Use Content
Except as otherwise permitted in writing by the Institute, no materials or information, regardless of form (including, without limitation, oral, documentary, photographic, videographic, and electronic), provided by the Institute to you through the Services or otherwise, including at any workshop, seminar, class, conference or course (collectively, “Content”) may be recorded, copied, reproduced, republished, uploaded, posted, transmitted, or distributed in any way. You may use the Content for non-commercial, personal use only. You may not use, distribute, modify, transmit, or post the Content, including any text, images, audio, or video, without the Institute’s express prior written consent. All rights in and to the Content are reserved to the Institute.
4. Intellectual Property Ownership
All right, title and interest in the Services, the Content and the Site, including all copyrights, patents, trade dress and other proprietary rights, and any derivative works thereof, shall belong solely and exclusively to the Institute or its licensors, and you shall have no rights whatsoever in any of the foregoing. Nothing in this Agreement or otherwise will be deemed to grant to you an ownership interest in the Services, the Content or the Site, in whole or in part. All content and materials included as part of the Site, such as text, graphics, logos, button icons, images, audio clips, information, data, forms, photographs, graphs, videos, typefaces, graphics, music, sounds, and other material, and software (the “Works”) are the property of the Institute or its content suppliers and is protected by copyrights, trademarks, or other proprietary rights and these rights are valid and protected in all forms, media and technologies existing now or hereinafter developed. All Works are copyrighted as individual works and as a collective work under the U.S. copyright laws (17 U.S.C. Section 101, et. seq.) and international treaty provisions, and the Institute owns a copyright in the selection, coordination, arrangement and enhancement thereof. You may not modify, remove, delete, augment, add to, publish, transmit, adapt, translate, participate in the transfer or sale of, create derivative works from, or in any way exploit any of the Works, in whole or in part. Any use other than as contemplated herein, including the reproduction, modification, distribution, transmission, adaptations, translation, republication, display, or performance, of the Works, except as specifically permitted herein, is strictly prohibited.
The HEARTFULNESS INSTITUTE name, logo and the related names, design marks, product names, feature names and related logos (collectively, the “SMSF Marks”) are trademarks of Sahaj Marg Spirituality Foundation, Inc, a Texas nonprofit corporation, and are used by the Institute under license. The SAHAJ MARG MEDITATION name, logo and the related names, design marks, product names, feature names and related logos (collectively, the “SRCM Marks”) are trademarks of Shri Ram Chandra Mission, a California nonprofit corporation, and are used by the Institute under license. Neither the SMSF Marks nor the SRCM Marks may be used, copied or imitated, in whole or in part, without the express prior written consent SMSF or SRCM, as applicable. In addition, the look and feel of the Site (including all page headers, custom graphics, button icons, and scripts) constitutes the service mark, trademark and/or trade dress of the Institute and may not be copied imitated or used, in whole or in part, without the express prior written consent of the Institute.
6. Disclaimer of Warranties
EXCEPT AS OTHERWISE EXPRESSLY PROVIDED IN THIS AGREEMENT, (A) THE INSTITUTE’S SERVICES ARE PROVIDED “AS-IS” AND “WITH ALL FAULTS”, AND, TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, THE INSTITUTE, INCLUDING ITS AFFILIATES, SUBSIDIARIES, LICENSORS, SUBCONTRACTORS, DISTRIBUTORS, SERVICES PARTNERS, AGENTS AND MARKETING PARTNERS) AND EACH OF THEIR RESPECTIVE EMPLOYEES, DIRECTORS AND OFFICERS (COLLECTIVELY, THE “INSTITUTE PARTIES”) DISCLAIM ALL REPRESENTATIONS, WARRANTIES AND CONDITIONS OF ANY KIND, EXPRESS OR IMPLIED, REGARDING THE SERVICES AND THE CONTENT; (B) NEITHER THE INSTITUTE NOR ANY OF THE INSTITUTE PARTIES WARRANTS THAT THE SERVICES WILL MEET YOUR REQUIREMENTS OR PRODUCE ANY SPECIFIC RESULTS; (C) THE INSTITUTE AND THE INSTITUTE PARTIES, JOINTLY AND SEVERALLY, DISCLAIM AND MAKE NO WARRANTIES OR REPRESENTATIONS AS TO THE SUITABILITY OR EFFECTIVENESS OF THE SERVICES OR THE CONTENT, AND (D) USE OF THE SERVICES IS ENTIRELY AT YOUR OWN RISK AND NEITHER THE INSTITUTE NOR ANY OF THE INSTITUTE PARTIES SHALL HAVE ANY LIABILITY OR RESPONSIBILITY THEREFOR.
7. Limitation of Liability
NOTWITHSTANDING ANYTHING TO THE CONTRARY IN THIS AGREEMENT, IN NO EVENT WHATSOEVER SHALL THE INSTITUTE BE LIABLE FOR ANY INDIRECT, SPECIAL, INCIDENTAL, PUNITIVE OR CONSEQUENTIAL DAMAGES, INCLUDING BUT NOT LIMITED TO LOST TIME OR GOOD WILL, EVEN IF THE INSTITUTE HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES, WHETHER IN CONTRACT, TORT (INCLUDING NEGLIGENCE), STRICT LIABILITY OR OTHERWISE. THE INSTITUTE SHALL NOT BE LIABLE FOR ANY CLAIMS AGAINST YOU BY THIRD PARTIES. YOU ACKNOWLEDGE THAT THESE LIMITATIONS OF LIABILITY SHALL APPLY EVEN IF THE REMEDIES FAIL THEIR ESSENTIAL PURPOSE. Certain states and/or jurisdictions do not allow the exclusion of implied warranties or limitation of liability for incidental, consequential or certain other types of damages, so the exclusions set forth above may not apply to you.
8. Modification to Terms
The Institute reserves the right to modify the terms and conditions of this Agreement or its policies relating to the Services at any time, effective upon posting of an updated version of this Agreement on the Site. You are responsible for regularly reviewing this Agreement. Continued use of the Services after any such changes shall constitute your consent to such changes.
a. This Agreement shall be governed by Texas law and controlling United States federal law, without regard to the choice or conflicts of law provisions of any jurisdiction, and any disputes, actions, claims or causes of action arising out of or in connection with this Agreement, the Services or the Content, with the exception of claims for injunctive relief, shall be subject to the exclusive jurisdiction of the state and federal courts located Austin, Texas.
b. If any provision of this Agreement is held by a court of competent jurisdiction to be invalid or unenforceable, then such provisions shall be construed, as nearly as possible, to reflect the intentions of the invalid or unenforceable provisions, with all other provisions remaining in full force and effect.
c. No joint venture, partnership, employment, or agency relationship exists between you and the Institute as a result of this agreement or use of the Services. The failure of the Institute to enforce any right or provision in this Agreement shall not constitute a waiver of such right or provision unless acknowledged and agreed to by the Institute in writing.
d. If you have not entered into another agreement with the Institute regarding the subject matter contained herein, then this Agreement comprises the entire agreement between you and the Institute and supersedes all prior or contemporaneous negotiations, discussions or agreements, whether written or oral, between the parties regarding such subject matter. However, if you and the Institute have entered into another agreement regarding the subject matter set forth herein that is a written and signed agreement between you and the Institute, then this Agreement should be read and interpreted in conjunction with such agreement and, in the event of a conflict between this Agreement and a written, signed agreement between the parties, the written, signed agreement shall govern and control.