Nithyananda University Terms and Conditions of Use Agreement
By accessing this Website (http://nithyanandauniversity.teachable.com/) (“Website”) for any purpose, you are agreeing to be bound by these Website Terms and Conditions of Use, all applicable laws and regulations, and agree that you are responsible for compliance with any applicable local laws. If you do not agree with any of these terms, you are prohibited from using or accessing this site. The materials contained in this Website are protected by applicable copyright and trademark law.
2. Release of liability, waiver of legal rights and assumption of risk.
I understand that I am a voluntary and willing participant of the of the courses, classes, programs offered by Nithyananda University on this site (the “Program”). I hereby certify that I am not suffering from any physical, mental, or psychological disorders or under the influence of any medicines or substances that would interfere with my ability to participate in the Program. I also state that I am physically and mentally capable of carrying out any instructions, yoga postures, kriyas, diets, meditations, techniques, or other activities that are part of the Program.
I am aware that some of the Program’s activities could cause serious injuries, and I am voluntarily participating in these activities with the knowledge of the danger involved.
On my own behalf, and on behalf of my heirs, personal representatives and assigns, I HEREBY WAIVE, RELEASE, DISCHARGE, HOLD HARMLESS, AND PROMISE TO INDEMNIFY AND NOT TO SUE Sri Nithyananda Swami, aka Paramahamsa Nithyananda, (“Swamiji”), Nithyananda University, Nithyanandeshwar Devasthanam Trust, Dhyanapeeta Charitable Trust, Nithyananda Dhyanapeetam, Nithyananda University Extended Campuses, authorized Nithyananda Satsang Centers, and/or anyone else directly or indirectly involved in sponsoring, hosting, administrating, marketing, teaching, organizing, managing, or conducting the Program (collectively “Releasees”) for any and all claims or demands arising out of any injury (including death), any form of mental distress, property loss, or other damages related to (i) my participation in the Program, whether those risks are known or unknown, and including BUT NOT LIMITED TO INJURIES, LOSSES OR DAMAGES CAUSED BY THE NEGLIGENCE OR ACTS OF THE RELEASEES TO THE MAXIMUM EXTENT PERMITTED BY LAW, or (ii) the condition of the premises in which the Program occurs, whether or not I am then participating in the Program.
NO WARRANTIES OR GUARANTEE OF RESULTS: I understand that the Releasees and any organizations and/or individuals assisting in organizing this Program are doing their best to make this Program possible and make it a good experience. However, I waive any claims or responsibility from all these Released Parties to fulfill any of my expectations. I am willing and voluntarily participating in this spiritual program with my spiritual community out of my own interest. I understand that any and all blessings, instructions, discourses, discussions, teachings, spiritual guiding, advice, recommendations, suggestions, and the like made as part of the Program (or as part of any complimentary segment of the Program, such as but not limited to live Akashic Readings or deekshas/initiations) are purely in a spiritual capacity and are not intended to be any sort of guarantee or definitive statement about the past, present, or the future. I understand that in connection with the Program, the Released Parties do not make, and expressly disclaim and negate, any claims, representations, promises, express or implied warranties, or guarantees about the individual or group outcome of the Program or that any particular result can be obtained for me, including but not limited to any mental, physical, emotional, spiritual, financial, or other results.
I further agree to indemnify and hold harmless all Releasees from all claims, judgments, demands, or costs, including attorney’s fees, incurred in connection with any action brought as a result of my participation in the Program.
I expressly agree that this waiver and release is intended to be as broad and inclusive as permitted by the laws of the State of California, and that if any portion hereof is held invalid, the remainder shall continue in full force and effect.
BY BY PARTICIPATING IN THE PROGRAM I AFFIRM I HAVE READ AND UNDERSTOOD THE ABOVE WAIVER AND RELEASE AND THAT I VOLUNTARILY, FREELY AND WITHOUT DURESS AGREE TO ITS TERMS, THAT I HAVE THE FULL RIGHT AND AUTHORITY TO SIGN THIS FORM AND THAT I AM NOT A MINOR (UNLESS MY LEGAL GUARDIAN SIGNS THIS FORM BELOW).
3. COPYRIGHT & INTELLECTUAL PROPERTY
4. Consent & Release Regarding Recordings
By signing this form, I hereby grant to Nithyananda University and anyone it designates the right to record me at any Nithyananda University event, by any means and in any format and media (“Recordings”). (Recordings also include any testimonials I submit to Nithyananda University.) Nithyananda University will own the Recordings, and I agree that it may utilize them however it wants to, in whole or in part, anywhere in the world, and in any format and media. I understand that Nithyananda University is not required to use the Recordings. I agree that Nithyananda University may use my name, likeness, voice and biographical information in connection with the Recordings, and I release Nithyananda University and its affiliates from any and all claims and causes of action that I may have now or in the future for defamation, invasion of privacy, or infringement of publicity or personality rights in connection with the Recordings. I represent that (a) I have the full right and authority to sign this form, (b) I am not a minor (unless my legal guardian signs me up for the Program), and (c) the rights I grant to Nithyananda University under this form will not be limited by any other contract or obligation.
4a. Use License
- Permission is granted to temporarily download one copy of the shared course materials (information or software) on Website for personal, non-commercial transitory viewing only. This is the grant of a license, not a transfer of title, and under this license you may not:
- modify or copy the materials;
- use the materials for any commercial purpose, or for any public display (commercial or non-commercial);
- attempt to decompile or reverse engineer any software contained on Website;
- remove any copyright or other proprietary notations from the materials; or
- transfer the materials to another person or 'mirror' the materials on any other server.
- This license shall automatically terminate if you violate any of these restrictions and may be terminated by Company at any time. Upon terminating your viewing of these materials or upon the termination of this license, you must destroy any downloaded materials in your possession whether in electronic or printed format.
5. Contact, Notices, and Complaints
In the event of any grievance, I agree to address any such grievance directly with Nithyananda University first to informally resolve any such grievance. Any notices, requests, complaints, grievances, claims, demands, inquiries, questions, comments, or other issues relating to the Program or this agreement shall be in writing and delivered to Nithyananda University by mail to the address at:
9720 Central Avenue, Montclair, CA 91763
6. Governing Law, Forum & Disputes
This agreement shall be governed by and interpreted solely in accordance with the laws of California and no other jurisdiction. Any dispute involving the parties to this agreement shall be brought solely within the State of California, USA and shall be within the exclusive jurisdiction of the courts of Los Angeles, California, without giving effect to any choice or conflict of law provision or rule, whether of the State of California or any other jurisdiction. The parties agree to submit to the exclusive jurisdiction and venue of the State of California, city of Los Angeles in all disputes arising out of or relating to this Agreement, or the relationship between the parties. Each party shall be responsible for their own attorney’s fees and costs in the event of a dispute. If any portion of this agreement is found to be invalid, it is agreed that the balance shall, notwithstanding, continue in full force and effect.
MEDIATION: If any claim, dispute, or controversy arises out of, is based upon, or relates to this agreement or breach thereof, the Program or its related services, or my relationship with the Released Parties, and if the dispute cannot be settled through negotiation, I agree first to try in good faith to settle the dispute by non-binding mediation before resorting to arbitration or any other dispute resolution procedure authorized herein. The mediation shall be commenced by either party serving a written demand for mediation in the manner set forth below. The mediation shall be held in Los Angeles, California before a mediator agreed upon by the parties. The mediator’s fees will be split equally amongst the parties. The good faith participation in mediation is a prerequisite to any claim for attorney fees made at any subsequent arbitration proceedings.
ANY CLAIM, DISPUTE, OR CONTROVERSY ARISING OUT OF, BASED UPON, OR RELATING TO THIS AGREEMENT OR ITS BREACH, THE PROGRAM OR ITS RELATED SERVICES, OR MY RELATIONSHIP WITH THE RELEASED PARTIES SHALL BE SUBMITTED TO BINDING ARBITRATION UPON THE WRITTEN REQUEST OF ONE PARTY AFTER THE SERVICE OF THAT REQUEST ON THE OTHER PARTY. THE PARTIES SHALL APPOINT ONE PERSON TO HEAR AND DETERMINE THE DISPUTE. IF THE PARTIES CANNOT AGREE, THEN THE SUPERIOR COURT OF CALIFORNIA, COUNTY OF LOS ANGELES SHALL CHOOSE AN IMPARTIAL ARBITRATOR WHOSE DECISION SHALL BE FINAL AND CONCLUSIVE ON ALL PARTIES. THE PARTIES SHALL BEAR THEIR OWN LEGAL FEES AND COSTS FOR ALL CLAIMS. THE SOLE AND EXCLUSIVE VENUE FOR THE ARBITRATION AND OR ANY LEGAL DISPUTE, SHALL BE LOS ANGELES, CALIFORNIA.
I CONFIRM THAT BY PARTICIPATING IN THE PROGRAM, I HAVE READ AND UNDERSTAND THE ABOVE, AND VOLUNTARILY AGREE TO BINDING ARBITRATION. IN DOING SO, I VOLUNTARILY GIVE UP IMPORTANT CONSTITUTIONAL RIGHTS TO TRIAL AS WELL AS RIGHTS TO APPEAL.
The materials on Website are provided 'as is'. Company makes no warranties, expressed or implied, and hereby disclaims and negates all other warranties, including without limitation, implied warranties or conditions of merchantability, fitness for a particular purpose, or non-infringement of intellectual property or other violation of rights. Further, Company does not warrant or make any representations concerning the accuracy, likely results, or reliability of the use of the materials on its Internet Website or otherwise relating to such materials or on any sites linked to this site.
In no event shall Company or its suppliers be liable for any damages (including, without limitation, damages for loss of data or profit, or due to business interruption,) arising out of the use or inability to use the materials on Company's Internet site, even if Company or a Company authorized representative has been notified orally or in writing of the possibility of such damage. Because some jurisdictions do not allow limitations on implied warranties, or limitations of liability for consequential or incidental damages, these limitations may not apply to you.
9. Revisions and Errata
The materials appearing on Website could include technical, typographical, or photographic errors. Company does not warrant that any of the materials on its Website are accurate, complete, or current. Company may make changes to the materials contained on its Website at any time without notice. Company does not, however, make any commitment to update the materials.
The materials in our website are provided "as is" and to the fullest extent permissible pursuant to applicable law, this practice disclaims all warranties, express or implied, including, without limitation, implied warranties of merchantability and fitness for a particular purpose. Nithyananda University or Releases does not assume any responsibility or risk for your use of the Website. Nithyananda University does not warrant that the functions contained in the materials will be uninterrupted or error-free, that defects will be corrected, or that our website or server that makes such sites available are free of viruses or other harmful components. Nithyananda University does not warrant or make any representations regarding the use or the results of the use of any of the materials on our website in terms of their correctness, accuracy, reliability, completeness, timeliness, or otherwise.
Company has not reviewed all of the sites linked to its Internet Website and is not responsible for the contents of any such linked site. The inclusion of any link does not imply endorsement by Company of the site. Use of any such linked Website is at the user's own risk.
I CONFIRM THAT I HAVE READ AND UNDERSTOOD THIS AGREEMENT PRIOR TO SIGNING UP FOR THE PROGRAM ON THIS WEBSITE, AND I AM AWARE THAT BY THIS AGREEMENT I AM WAIVING CERTAIN LEGAL RIGHTS WHICH I OR MY HEIRS, NEXT OF KIN, EXECUTORS, ADMINISTRATORS, AND REPRESENTATIVES MAY HAVE AGAINST THE RELEASED PARTIES.
All Contents Copyright © 2017. All Rights Reserved. The images and materials found in the Website are copyrighted or otherwise proprietary and may be downloaded and/or reprinted for personal use only. Permission to reprint or electronically reproduce any document, stills, audio, video footage or any other materials in whole or in part for any reason is expressly prohibited, unless prior written consent is obtained from the respective copyright holder(s)