TERMS OF USE & MEMBERSHIP AGREEMENT

Last Updated: April 2018

THIS TERMS OF USE AGREEMENT GOVERNS YOUR PARTICIPATION IN AND USE OF LIVING SANSKRIT COURSES, TRAININGS, THE LIVINGSANSKRIT.COM WEBSITE, AND LIVING SANSKRIT ONLINE COMMUNITIES.

LIVING SANSKRIT and LIVINGSANSKRIT.COM (together, “LS”) are owned and operated by Sacred Natural, LLC (“SN”). Access and use of LS is provided by SN to you on condition that you accept these Terms of Use, and by accessing or using LS, you agree to these Terms of Use. If you do not agree to accept and abide by these Terms of Use, you should not access or use LS.

SN may revise and update these Terms of Use at anytime and without notice. You are cautioned to review the Terms of Use posted on the website periodically. Your continued access or use of this website after any such changes are posted will constitute your acceptance of these changes. If at any time the terms and conditions of this Terms of Use are no longer acceptable to you, you should immediately cease use of or participation in LS.

These Terms of Use governs your participation in LS courses, events, retreats, and community forums, both live and online, as well as on other LS forums hosted by social networks such as Facebook.

Tuition and Membership
Course Tuition and membership subscriptions can be purchased from LS with VISA, MasterCard, AMEX, or PayPal. LS also accepts cash and checks for live events or trainings.

The price of a membership subscription purchased through LS will be the price specified in LS at the time of your purchase. Upon presentation of credit card information the purchaser warrants that he/she is the cardholder and that the billing information provided is accurate. By approving the purchase of the product or service, you authorize SN to charge the designated credit card, or PayPal account, for the total amount of the purchase.

If you are a resident in Brazil and purchase a subscription with your credit card, you also agree to the following:

a) You grant us, and any and all payment processors which may process payment transactions on our behalf, to close the FX contract and to remit the funds relating to payments executed via credit card; and
b) Any and all payment processors that may process transactions on our behalf do not account for collecting taxes, which might originate in relation to this operation.

LS does not issue refunds. In case of exceptional circumstances, LS may, at its discretion, grant a partial or full refund on a case-by-case basis.

Registration Data and Account Security
In consideration of your use of LS, you agree to: (a) provide accurate, current and complete information about you as may be prompted by any registration forms on LS ("Registration Data"); (b) maintain and promptly update the Registration Data, and any other information you provide to SN, to keep it accurate, current and complete; (c) maintain the security of your password and identification; (d) notify SN immediately of any unauthorized use of your account or other breach of security; (e) accept all responsibility for any and all activities that occur under your account; and (f) accept all risks of unauthorized access to the Registration Data and any other information you provide to SN.

Use of Content
You acknowledge that LS contains or may contain information, designs, instructional methods, software, photographs, illustrations, audio files, video files, animations, flash files, data files, code snippets and other material (collectively, "Content") which is protected by copyright, trademark or other proprietary rights of SN and its affiliates or other third parties (including other members).

You may not modify, publish, transmit, transfer or sell, reproduce, create derivative works from, distribute, perform, display, reverse engineer or in any way exploit any of the Content, in whole or in part, except as otherwise expressly permitted in these Terms of Use.

Use of LS Website
This website and its contents ("Content") are intended for members of LS. You may not use this website or the Content for any purpose not related to your business with LS. You are specifically prohibited from: (a) downloading, copying, teaching, or re-transmitting any or all of the website or the Content without, or in violation of, a written license or agreement with SN; (b) using any data mining, robots or similar data gathering or extraction methods; (c) manipulating or otherwise displaying the website or the Content by using framing or similar navigational technology; (d) registering, subscribing, unsubscribing, or attempting to register, subscribe, or unsubscribe any party for any SN product or service if you are not expressly authorized by such party to do so; and (e) using the website or the Content other than for its intended purpose, as determined solely in SN’s discretion, including but not limited to, to defame, abuse, harass, stalk, threaten or otherwise violate the legal rights (such as rights of privacy) of others, and/or to publish, post, distribute or disseminate any defamatory, infringing, obscene, pornographic, sexual, indecent or unlawful material or information.

You may not interfere with the security of, or otherwise abuse LS or any system resources, services or networks connected to or accessible through this website. You may only use LS for lawful purposes.

Intellectual Property
All materials (including the organization and presentation of such material) offered through LS (the “Content”) are the property of SN and its licensors and are protected by intellectual property laws including laws relating to copyrights, trademarks, trade names, internet domain names, and other similar rights.
Unless you have entered into a separate agreement with SN, any other use of Content without SN's written permission is prohibited.

The Content may only be used for your own, non-commercial, personal purposes, provided that the Content is not modified and that copyright and other intellectual property notices are not deleted. You may not create derivative works from or otherwise exploit the Content in any way.

Unless expressly stated, participation in Living Sanskrit’s courses does not provide certification or accreditation in the Content and you may not teach or otherwise share the Content with others for personal or commercial use.

Trademarks
Sacred Natural, Living Sanskrit, and any other product or service name or slogan contained in LS are trademarks of SN and its suppliers or licensors, and may not be copied, imitated or used, in whole or in part, without the prior written permission of SN or the applicable trademark holder. You may not use metatags or any other "hidden text" utilizing "Sacred Natural”, and “Living Sanskrit" or any other name, trademark or product or service name of SN without our prior written permission. In addition, the look and feel of the site, including all page headers, custom graphics, button icons and scripts, the service mark, trademark and/or trade dress of LS may not be copied, imitated or used, in whole or in part, without our prior written permission. All other trademarks, registered trademarks, product names and company names or logos mentioned in LS are the property of their respective owners. Reference to any products, services, processes or other information, by trade name, trademark, manufacturer, supplier or otherwise does not constitute or imply endorsement, sponsorship or recommendation thereof by us.

Course Access and Completion Policy
Unless otherwise stated, LS does not offer certification or training and successful completion of a course also does not constitute certification or endorsement from LS.

In order to attend courses with prerequisites, you must have successfully completed all prerequisite courses or be otherwise authorized by LS to participate. For a course to be considered successfully complete, you must have made a good faith effort to attend classes, and all assignments must be submitted and determined to sufficient by LS.

You will have up to 1-year from the beginning of a course to access and finish a course. LS reserves the right to remove or change course content as needed at any point in time and for any reason. In all circumstances, successful completion will be assessed and determined by LS.

If an instructor is sick or otherwise unable to teach a class, LS will either find a suitable replacement or schedule a make-up class.

Rules of Conduct
You agree that you will not use LS for any purpose that is unlawful or not permitted by these Terms of Use. By way of example, and not as a limitation, you agree that when uploading to or communicating via LS, including in respect of any forums, chat-rooms or other exchanges (a “Forum”) accessed on or through LS or related social-media spaces, you shall not do any of the following:

-Defame, abuse, harass, stalk, threaten or otherwise violate the legal rights (such as rights of privacy) of others.
-Publish, post, distribute or disseminate any defamatory,
infringing, obscene, pornographic, sexual, indecent or unlawful material or information.
-Upload or otherwise transfer files that contain software or other material protected by intellectual property laws (or by rights of privacy or confidentiality) unless you own or control the rights thereto or have received all necessary consents.
-Upload or otherwise transfer files that contain viruses, corrupted files or any other similar software or programs that may damage or inhibit the operation of another computer.
-Delete any author attributions, legal notices, or proprietary designations or labels in any file that is uploaded.
-Falsify the origin or source of software or other material contained in a file that is uploaded.
-Advertise or offer to sell any goods or services or conduct or forward surveys, contests or chain letters.
-Download any file posted by another user of a Forum that you know, or reasonably should know, cannot be legally distributed in such manner.
-Use any communications or Content or other information obtained through LS in a manner that is competitive with LS or SN’s business.

You acknowledge that Forums are public and not private communications. Further, you acknowledge that no communication of a third party or Content is endorsed by SN and no communication of a third party or Content may be considered reviewed, screened or approved by SN. As explained below, SN reserves the right for any reason to remove without notice any communication, Content or other material posted to LS.

You also agree not to use LS in any manner that could damage, disable, overburden, or impair LS or interfere with any other party's use and enjoyment of LS. You also agree not to attempt to gain unauthorized access to any other SN member accounts, computer systems or networks associated with LS. You also agree not to obtain or attempt to obtain any materials or information through any means not intentionally made available or provided for through LS.

Managing Content
SN does not and cannot review all communications or Content uploaded to LS and is not responsible for the content of such communications or Content. Notwithstanding the foregoing, SN reserves the right to delete, move or edit any communication or Content that it may determine, in its sole discretion, violates or may violate these Terms of Use or is otherwise unacceptable. You shall remain solely responsible for all communications made or Content uploaded under your Member Name (part of your Registration Data). SN shall have the right but not the obligation to correct any errors or omissions in any Content, as it may determine in its sole discretion. You acknowledge that any screening of Content performed by SN to determine Accepted Content is done as a courtesy only.

SN respects the intellectual property of others, and we ask our users to do the same. If you believe that your work has been copied in a way that constitutes copyright infringement, or your intellectual property rights have been otherwise violated, please provide SN with notice of such infringement by promptly emailing us at admin@livingsanskrit.com

Confidential Information
You acknowledge that the Confidential Information (defined below) which you obtain through the entering into of these Terms of Use and the use of LS constitutes valuable, confidential, proprietary information of SN and its licensors, and you agree that during the term of these Terms of Use and thereafter you shall not, without the express written consent of SN, use or disclose to any other person any such Confidential Information, except as specifically authorized under these Terms of Use or as required by applicable law.

For the purposes of these Terms of Use, “Confidential Information” means any and all data, information, documents, software or materials relating to the business and management of SN, its members, affiliates, licensors or licensees, that is designated as confidential or ought reasonably to be considered confidential, including but not limited to: their business model and operations, processes, products, designs, pricing, promotions, business plans, business opportunities, finances, research, development, know-how, trade-secrets, training materials, personnel, clients, methodologies, Site content belonging to others and other intellectual property.

Privacy
SN is committed to respecting the privacy of the personal information of the individuals with whom we interact. We have developed a Privacy Policy to describe our privacy policies and practices and how we collect, use and disclose the personal information of those individuals who visit our website. Please see our Privacy Policy for further details.

Currency of Website
SN updates the information on this website regularly. However, SN cannot guarantee or accept any responsibility or liability for the accuracy, currency or completeness of the information on this website. SN may revise, supplement or delete information, services and/or the resources contained in the website and reserves the right to make such changes without prior notification to past, current or prospective visitors.

Linked websites
This website may provide links to third party websites for your convenience only. The inclusion of these links does not imply that SN monitors or endorses these websites. SN does not accept any responsibility for such websites. SN 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 the use of or the reliance upon any information, content, goods or services available on or through any third party websites or linked resources.

Internet software or computer viruses
Due to technical difficulties with the Internet, Internet software or transmission problems could produce inaccurate or incomplete copies of information contained on this website. Computer viruses or other destructive programs may also be inadvertently downloaded from this website.

SN shall not be responsible or liable for any software, computer viruses or other destructive, harmful or disruptive files or programs that may infect or otherwise impact your use of your computer equipment or other property on account of your access to, use of, or browsing on this website or your downloading of any of the Materials from this website. SN recommends that you install appropriate anti-virus or other protective software.

DISCLAIMER OF WARRANTIES
THE SITE, INCLUDING ANY CONTENT CONTAINED THEREIN, ARE PROVIDED "AS IS" WITHOUT REPRESENTATION, WARRANTY OR CONDITION OF ANY KIND, EITHER EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO THE IMPLIED REPRESENTATIONS, WARRANTIES OR CONDITIONS OF MERCHANTABILITY, OR FITNESS FOR A PARTICULAR PURPOSE. SN DOES NOT REPRESENT OR WARRANT THAT THE SITE OR THE CONTENT WILL MEET YOUR REQUIREMENTS OR THAT THEIR USE WILL BE UNINTERRUPTED OR ERROR FREE.

SN DOES NOT REPRESENT OR WARRANT THAT LS OR ANY CONTENT AVAILABLE THROUGH THE SITE WILL BE FREE OF VIRUSES OR SIMILAR CONTAMINATION OR DESTRUCTIVE FEATURES.

LIMITATION OF LIABILITY
YOU ASSUME ALL RESPONSIBILITY AND RISK FOR USE OF THE SITE INCLUDING WITHOUT LIMITATION ANY OF THE CONTENT OR INFORMATION CONTAINED THEREIN, AND YOUR SUBSEQUENT USE OF IT.

YOU ASSUME RESPONSIBILITY FOR ANY AND ALL MENTAL, EMOTIONAL, PHYSICAL, OR OTHER HARM OR INJURIES THAT RESULT THROUGH YOUR PARTICIPATION IN AND USE OF LS. DIRECT SUPERVISION BY LS STAFF MAY NOT BE PROVIDED AND BY PARTICIPATING IN OR USING ANY OF THE PROGRAMS, SERVICES, PRODUCTS OR FACILITIES OF LS, YOU EXPOSE YOURSELF TO RISK OF MENTAL, EMOTIONAL, AND PHYSICAL INJURIES. WE STRONGLY ENCOURAGE YOU TO CONSULT WITH A PHYSICIAN AND OTHER RELEVANT HEALTHCARE PROFESSIONALS PRIOR TO PARTICIPATING IN LS.

IN NO EVENT SHALL SN OR ANY OF ITS DIRECTORS, OFFICERS, EMPLOYEES, SHAREHOLDERS, PARTNERS, LICENSORS OR AGENTS BE LIABLE FOR ANY INCIDENTAL, INDIRECT, PUNITIVE, EXEMPLARY, OR CONSEQUENTIAL DAMAGES WHATSOEVER (INCLUDING DAMAGES FOR PHYSICAL OR MENTAL INJURY, EMOTIONAL DISTRESS, LOSS OF PROFITS, INTERRUPTION, LOSS OF BUSINESS INFORMATION, OR ANY OTHER PECUNIARY LOSS) IN CONNECTION WITH ANY CLAIM, LOSS, DAMAGE, ACTION, SUIT OR OTHER PROCEEDING ARISING UNDER OR OUT OF THIS MEMBERSHIP AGREEMENT, INCLUDING WITHOUT LIMITATION YOUR USE OF, RELIANCE UPON, ACCESS TO, OR EXPLOITATION OF THE SITE, THE CONTENT OR ANY PART THEREOF, OR ANY RIGHTS GRANTED TO YOU HEREUNDER, EVEN IF SN HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES, WHETHER THE ACTION IS BASED ON CONTRACT, TORT (INCLUDING NEGLIGENCE), INFRINGEMENT OF INTELLECTUAL PROPERTY RIGHTS OR OTHERWISE.

IN ANY EVENT, SN’S TOTAL MAXIMUM AGGREGATE LIABILITY UNDER THIS MEMBERSHIP AGREEMENT OR IN RESPECT OF THE USE OR EXPLOITATION OF ANY OR ALL PART OF THE SITE OR THE CONTENT IN ANY MANNER WHATSOEVER SHALL BE LIMITED TO FIVE ($5.00) U.S. DOLLARS.

SOME JURISDICTIONS DO NOT ALLOW FOR THE LIMITATION OR EXCLUSION OF LIABILITY FOR INCIDENTAL OR CONSEQUENTIAL DAMAGES, SO THE ABOVE LIMITATION OR EXCLUSION MAY NOT APPLY TO YOU. IN SUCH JURISDICTIONS, THE LIABILITY OF SN OR ANY OF ITS DIRECTORS, OFFICERS, EMPLOYEES, SHAREHOLDERS, PARTNERS, OR AGENTS SHALL BE LIMITED TO THE GREATEST EXTENT PERMITTED BY LAW.

Indemnity
You agree to indemnify, defend and hold SN and its affiliates, and their respective directors, officers, employees, shareholders, partners and agents (collectively, the "SN Parties") harmless from and against any and all claims, liability, losses, costs and expenses (including lawyers’ fees on a solicitor and client basis) incurred by any SN Party in connection with: (i) any use or alleged use of LS under your Member Name by any person, whether or not authorized by you; (ii) or resulting from any communication made or Content uploaded under your Member Name; or (iii) any breach by you of this Terms of Use. SN reserves the right, at your expense, to assume the exclusive defense and control of any matter otherwise subject to indemnification by you, and in such case, you agree to cooperate with SN's defense of such claim.

Email
Please feel free to email SN at admin@livingsanskrit.com. However, the Internet is not a fully secure medium and any communication may be lost, intercepted or altered. SN is not liable for any damages related to communications to or from this website. You agree with respect to any information provided by you to us through this website or via e-mail that:

SN has no obligation concerning such information; the information is non-confidential; SN may use, disclose, distribute or copy the information and may use any ideas, concepts or know-how contained in the information for any purpose without compensation; and the information is truthful and disclosure of the information does not violate the legal rights of others.

Applicable law
The Site is controlled, operated and administered by SN from within the state of California, United States. The Site can be accessed from all provinces and territories of the United States, as well as from other countries around the world. As each of these jurisdictions has laws that may differ from those of California, by accessing LS, you acknowledge and agree that these Terms of Use will be governed under the laws of California and the federal laws of the United States applicable therein (without reference to conflicts of laws principles). You hereby irrevocably and voluntarily submit to the exclusive jurisdiction of the courts of California with respect to the subject matter of these Terms of Use. This Membership Agreement will not be governed by the United Nations Convention on Contracts for the International Sale of Goods, the application of which is expressly excluded.

You consent to service of any required notice or process upon you by email, registered mail or overnight courier with proof of delivery notice, addressed to the address or contact information provided by you at the time you are first granted access to the membership portions of LS, or such other address as you may advise us in writing to use, from time to time. Any and all disputes arising out of, under or in connection with these Terms of Use, including without limitation, its validity, interpretation, performance and breach, shall be submitted to arbitration in California. If SN is obligated to go to court, rather than arbitration, to enforce any of its rights, or to collect any fees, you agree to reimburse SN for its legal fees, costs and disbursements if SN is successful.

General
You specifically agree and acknowledge that you have, in addition to the terms of these Terms of Use, reviewed the terms of the Terms of Use and any other agreements which may be incorporated by reference therein, and to the extent of their incorporation herein you agree to be bound by them.

SN’s failure to insist upon or enforce strict performance of any provision of these Terms of Use shall not be construed as a waiver of any provision or right.

If any provision or part thereof of these Terms of Use is wholly or partially unenforceable the parties or, in the event the parties are unable to agree, a court of competent jurisdiction, shall put in place thereof an enforceable provision or provisions, or part thereof, that as nearly as possible reflects the terms of the unenforceable provision or part thereof. This Agreement is personal to you and is not assignable by you without SN’s prior written consent. SN may assign this Agreement without your consent to any other party so long as such party agrees to be bound by its terms.

The parties have requested that these Terms of Use and all documents relating thereto be drawn up in English.

Term and Termination
These Terms of Use are effective until terminated. You may terminate these Terms of Use at any time by emailing admin@livingsanskrit.com or by such other means of written notice acceptable to SN which enables confirmation of your identity and your intention to terminate. SN reserves the right, in its sole discretion, to restrict, suspend or terminate your right to access the membership portions of LS at any time for any reason without prior notice or liability. SN may change, suspend or discontinue all or any aspect of LS at any time, including the availability of any feature, database, or Content, without prior notice or liability.

SN may also terminate or suspend your access to the membership portions of LS for inactivity, which is defined as failing to access the membership portions of LS for an extended period of time, as reasonably determined by SN.

Termination of these Terms of Use does not relieve you of your responsibilities to pay any amounts due to SN under these Terms of Use or your obligations to not use the membership portions of LS or any Content other than in the manner permitted under these Terms of Use or any other agreement entered into at the time such Content was downloaded. Termination of these Terms of Use shall operate without prejudice to the SN’s rights, defenses and limitations of liability provided under these Terms of Use, which rights, defenses and limitations of liability shall survive termination of these Terms of Use.

Upon termination of your access to the membership portions of LS, you agree to forfeit any remaining balance on your account.

Age and Responsibility
You represent and warrant that you are of sufficient legal age to use LS and to create binding legal obligations for any liability you may incur as a result of the use of LS. You agree to be responsible for all of your use of LS (as well as for use of your Member Name and password(s) by others, including without limitation, minors living with you). You agree to supervise all usage by minors of LS under your name or account.

Contact
If you have concerns relating to LS or these Terms of Use, please contact SN at admin@livingsanskrit.com

Acknowledgement
YOU ACKNOWLEDGE THAT YOU HAVE READ THESE TERMS OF USE, UNDERSTAND THEM, AND AGREE TO BE BOUND BY ITS TERMS AND CONDITIONS. YOU FURTHER AGREE THAT IT IS THE COMPLETE AND EXCLUSIVE STATEMENT OF THE AGREEMENT BETWEEN YOU AND SN, WHICH SUPERSEDES ANY PROPOSAL OR PRIOR AGREEMENT, ORAL OR WRITTEN, AND ANY OTHER COMMUNICATION BETWEEN YOU AND SN RELATING TO THE SUBJECT OF THESE TERMS OF USE.