Terms of Use posted on 04/5/2019 (Effective Date)

The website www.syaoakland.org (the "Site") is owned and operated by the SYDA Foundation (“SYDA”). These terms of use (“Terms”) explain a contractual agreement between you and SYDA regarding your use of the Site. This contractual agreement applies to all visitors to the Site, including but not limited to casual visitors to the Site, who do not participate in the services offered on the Site (“Site Visitors”), and users who register for SYDA’s services (Registered Users”).

PLEASE READ THESE TERMS OF USE CAREFULLY AS YOUR USE OF THE SITE CONSTITUTES YOUR ACCEPTANCE OF THESES TERMS AND YOUR AGREEMENT TO ABIDE BY THEM. Do not use the Site if you do not agree with these Terms.

Usage Restrictions

These Site contains material, including written materials, third-party information, software, source and/or object code, data, images, video, music, sounds, live stream content, trademarks (collectively “Content”), which is derived in whole or in part from material supplied by SYDA and other sources, including but not limited to materials protected by international copyright, trademark, patent, privacy, publicity, communications, and other laws, rules and regulations. You may not modify, copy, download, record, reproduce, republish, upload, post, publicly display or perform, transmit, or distribute in any way any Content (unless submitted by you “Submitted Content”) without SYDA’s prior permission. You may make a copy or download one copy only of Content from this site only when the rules accompanying that particular content give express permission to do so.

The following trademarks and service marks are owned by and registered to SYDA:

(Swami) MUKTANANDA, (Swami) CHIDVILASANANDA, GURUMAYI, SIDDHA YOGA, SYDA FOUNDATION, SIDDHA MEDITATION, SIDDHA PATH, SIDDHA YOGA DHAM, SWEET SURPRISE, BIRTHDAY BLISS, SHAKTIPAT INTENSIVE, DHYANA SAPTAH, BE IN THE TEMPLE, UNIVERSAL HALL, SHREE MUKTANANDA ASHRAM, BLUE PEARL, DARSHAN, DHARMA MONEY, PREMOTSAVA, SHAKTI PUNJA, MANTRA BEAR, AMRIT, VIDYA MELA, IN SEARCH OF THE SELF, FREEDOM ON THE INSIDE, TREES OF IMMORTALITY, “The Heart is the hub of all sacred places. Go there and roam.”, “Experience the Power Within. Kundalini Shakti”, “Search for the knowledge of the Truth and become established in the awareness of the Self”, “The soundless sound arises and subsides from the space of flawless quietude.”, ”Move with steadfastness toward becoming anchored in Supreme Joy.” And the Siddha Yoga Meditation (Flame in Circle) Logo, the Dharma Money Logo, the Siddha Yoga Home Study Course Logo, and the Kalash Logo.

SYDA also owns the following trademarks and service marks:

SIDDHA YOGA MEDITATION, SYMC, SHIVA-SHAKTI MOVEMENT, “Turn Inward Meditate Easefully”, and “Breathe in deeply the fragrance of the Heart. Revel in the light of the Supreme Self. Breathe out gently the benevolent power of the Heart.”

You may use the Site and the Content offered on the Site only for personal, non-commercial purposes. You may use Content expressly offered for downloading (if any) for personal use only and subject to the rules that accompany that particular Content. You may not use any Content in a manner that exceeds the rights granted for your use of the Content. You may not use any data-mining software, robots, or similar data gathering and extraction tools on the Content, frame any portion of the Site or the Content, or reproduce, reprint, copy, store, publicly display, broadcast, transmit, modify, translate, port, publish, sublicense, assign, transfer, sell, loan, or otherwise distribute the Content without prior written consent from SYDA. You may not circumvent any mechanisms included in the Content for preventing the unauthorized reproduction or distribution of the Content.

Using the SYDA Logo

SYDA does not permit the use of its name or its products' names in advertising as an endorsement for any product or service or for any other commercial purpose. Graphics, logos, and Content created by SYDA are the property of SYDA and may not be used without permission.

Providing Submitted Content

As a user (and among other Site features), you are entitled to post Submitted Content via the Site submission procedures for potential display on our Site. Please retain copies of your Submitted Content, as we will not necessarily preserve or return materials uploaded to our Site.

By submitting the content, you warrant that you are the sole author of any content submitted by you for potential posting and that the content does not infringe on any intellectual property rights including copyrights or rights of privacy of anyone else.

By submitting the content you also grant SYDA a non-exclusive license to use the content, including posting on the Siddha Yoga Ashram in Oakland website.

Information Available on the Site

SYDA does not guarantee, and assumes no responsibility for, the accuracy, timeliness, correctness, or completeness of the Content. Any conclusions that users draw from the information presented here are their own and are not to be attributed to SYDA. You agree that you must evaluate, and bear all risk associated with, the use of any Content, including any reliance on the accuracy, completeness, or usefulness of such Content.

Your Account

In the event that you are provided with user identification names, numbers or codes, and/or passwords ("Access Credentials") in connection with your use of this Site, you shall keep your Access Credentials strictly confidential and not share them with anyone. You are responsible for any misuse of the Site or any Content by anyone using your Access Credentials. Accordingly, you should take affirmative precautions to ensure that no one uses your Access Credentials or gains unauthorized access to your Access Credentials. It is your responsibility to notify SYDA if your Access Credentials need to be changed or cancelled because (i) your Access Credentials have been or may be compromised, or (ii) you detect any unauthorized use of your Access Credentials. SYDA may terminate your access to, and your use of, the Site immediately and take any other appropriate legal action if you, or anyone using your Access Credentials, violates these Terms. You may not use anyone else’s Access Credentials at any time.

You agree to provide true, accurate, current, and complete information about yourself (all of which will be subject to SYDA's Privacy Policy). If you provide any information that is untrue, inaccurate, not current, or incomplete (or SYDA has reasonable grounds to suspect that such information is untrue, inaccurate, not current, or incomplete), SYDA has the right to revoke your Access Credentials and suspend or terminate your access to and use of the Site.

Links to Third-party Sites

SYDA may provide relevant links to information outside of the Site as additional resources for users of the Site. However, SYDA does not endorse any views expressed, or products or services offered, through or on such third-party websites. Neither SYDA nor its affiliates operate or control in any respect, or are in any way responsible for, any information, products, or services on these third-party sites. You should carefully review the terms of service and privacy policies on any such third-party site as these Terms and SYDA's Privacy Policy do not apply to your activities on such third-party sites.

Content Posted on the Site by Third-party Content and Advertising Partners

Some of the Content posted on the Site may be posted by third-party content and advertising partners ("Third-party Content") with whom we have relationships ("Content Providers"). You hereby acknowledge that (i) SYDA is not responsible and disclaims any and all liability for any aspect of such Third-party Content, (ii) the Content Provider posting such Third-party Content on the Site is solely and exclusively responsible for such Third-party Content, (iii) SYDA makes no express or implied warranties whatsoever with respect to the accuracy, relevancy, legality, or decency of such Third-party Content, and (iv) SYDA cannot and does not guarantee that Third-party Content complies with these Terms.

Disclaimer of Warranties

THE CONTENT AVAILABLE ON THIS SITE AND THE THIRD-PARTY SITES IS PROVIDED "AS IS" AND WITHOUT WARRANTIES OF ANY KIND EITHER EXPRESS OR IMPLIED. TO THE FULLEST EXTENT PERMISSIBLE PURSUANT TO APPLICABLE LAW, SYDA DISCLAIMS ANY AND ALL WARRANTIES, EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, AND NON-INFRINGEMENT. SYDA DOES NOT WARRANT THAT THE SITE OR ANY SITE FUNCTIONS WILL BE UNINTERRUPTED OR ERROR-FREE, FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS, OR THAT DEFECTS WILL BE DISCOVERED AND/OR CORRECTED. SYDA DOES NOT WARRANT OR MAKE ANY REPRESENTATIONS REGARDING THE USE OR THE RESULTS OF THE USE OF THE CONTENT AVAILABLE ON THE SITE OR IN THIRD-PARTY SITES IN TERMS OF THEIR CORRECTNESS, ACCURACY, TIMELINESS, RELIABILITY, OR OTHERWISE. YOU (AND NOT SYDA) ASSUME THE ENTIRE COST NECESSARY FOR YOU TO ACCESS AND USE THE SITE.

THE CONTENTS OF THIS SITE ARE INTENDED FOR INFORMATIONAL PURPOSES ONLY, AND SHOULD NOT IN ANY WAY BE CONSTRUED AS CONSTITUTING THERAPY, MEDICAL ADVICE, OR PROFESSIONAL SERVICES OF ANY KIND. ANY ACTION OR DECISION THAT YOU MAKE REGARDING THIS INFORMATION IS ENTIRELY YOUR OWN RESPONSIBILITY AND IS TAKEN BY YOU SOLELY AT YOUR OWN RISK. FOR YOUR OWN HEALTH AND WELL-BEING, PLEASE MAKE SURE THAT YOU REFER ANY ISSUES THAT MAY BE RELATED TO THE DIAGNOSIS AND TREATMENT OF THE CONDITION OF A SPECIFIC INDIVIDUAL, EITHER YOURSELF OR ANOTHER, TO A QUALIFIED HEALTH CARE PROFESSIONAL IN YOUR LOCAL AREA. IF YOU HAVE A HISTORY OF MENTAL OR PHYSICAL ILLNESS OR ARE EXPERIENCING SYMPTOMS THAT MAKE YOU FEEL THAT YOU MAY HAVE A MENTAL OR PHYSICAL ILLNESS, WE STRONGLY RECOMMEND THAT YOU SEE YOUR DOCTOR.

Limitation of Liability

UNDER NO CIRCUMSTANCES AND UNDER NO LEGAL THEORY, INCLUDING, BUT NOT LIMITED TO, NEGLIGENCE, SHALL SYDA, ITS SUBSIDIARIES AND PARENT COMPANIES OR AFFILIATES BE LIABLE FOR ANY DIRECT, INDIRECT, INCIDENTAL, SPECIAL, PUNITIVE, CONSEQUENTIAL DAMAGES OR OTHERWISE THAT RESULT FROM THE USE OF, OR THE INABILITY TO USE, THE CONTENT AND/OR SITE EVEN IF SYDA HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. YOU SPECIFICALLY ACKNOWLEDGE AND AGREE THAT SYDA IS NOT LIABLE FOR ANY CONDUCT OF ANY USER. IF YOU ARE DISSATISFIED WITH ANY CONTENT AVAILABLE ON THE SITE, OR WITH THESE TERMS, YOUR SOLE AND EXCLUSIVE REMEDY IS TO DISCONTINUE USING THE SITE.

Indemnity

You agree to defend, indemnify, and hold harmless SYDA and its owners, principals, affiliates, subsidiaries licensors and licensees, and their and SYDA's directors, officers, employees, contractors, and representatives from any and all liabilities, claims, judgments and expenses, including attorneys' and expert fees and court costs, that arise from (i) your use or misuse of the Site; (ii) your violation of these Terms; (iii) your violation of any law or third-party right, including without limitation any third party's patent, copyright, trademark, privacy/publicity, or other proprietary rights; (iv) any claim that any Content posted by you caused damage to a third party; and/or (v) any use or misuse of your Access Credentials. SYDA will give you notice in the event of an indemnifiable event. SYDA reserves the right, at its own expense, to assume the exclusive defense and control of any matter otherwise subject to indemnification by you, in which event you will cooperate with SYDA in asserting any available defenses. This defense and indemnification obligation will survive the termination or expiration of these Terms.

Relationship to Privacy Policy

SYDA's Privacy Policy is hereby incorporated into and made a part of these Terms. By using the Site, you also accept and agree to SYDA's Privacy Policy. If you have not already reviewed it, please read SYDA's Privacy Policy. To the extent these Terms conflict with the terms of our Privacy Policy, the terms of our Privacy Policy will control.

Termination

This agreement is effective until terminated by SYDA, at any time with or without notice. Additionally, in the event that you violate these Terms, these Terms shall be deemed to be automatically terminated. In the event of termination, you are no longer authorized to use or access the Site. You hereby acknowledge that the restrictions imposed on you with respect to any Content downloaded from the Site, the disclaimers and limitations of liabilities, and your indemnification obligations, shall survive the termination of these Terms.

International Use

SYDA makes no representation that Content of, or any services or products available through, the Site are appropriate or available for use in locations outside the United States. Accessing the Site from territories where the Site’s Content is illegal is strictly prohibited. Those who choose to access the Site from locations outside the United States do so at their own risk and at their own discretion, and are responsible for compliance with all applicable local laws.

Miscellaneous

Governing Law

You hereby agree that these Terms and your use of the Site shall be governed in all respects by the internal substantive laws of the State of New York, without regard to its conflicts of laws provisions. You hereby submit to exclusive jurisdiction and venue in the state and federal courts located in New York or Sullivan County, New York, for all disputes, cases, and controversies regarding this Site, your use of this Site, and your relationship with SYDA.

No Waiver

No waiver of any of these Terms shall be deemed a further or continuing waiver of such term or any other term, and SYDA's failure to assert any right or provision under these Terms shall not constitute a waiver of such right or provision.

Entire Agreement and Severability

Unless otherwise specified herein, these Terms constitute the entire agreement between you and SYDA with respect to your use of the Site and supersede all prior or contemporaneous communications and proposals (whether oral, written, or electronic) between you and SYDA with respect to the subject matter hereof. If any provision of this agreement shall be unlawful, void, or for any reason unenforceable, then that provision shall be deemed severable from this agreement and shall not affect the validity and enforceability of any remaining provisions.

Eligibility

You affirm that you are either 18 or older, or an emancipated minor, or possess legal parental or guardian consent, and are fully able and competent to enter into and be legally bound by these Terms.

Assignment

These Terms, and any rights and/or licenses granted hereunder, may not be transferred or assigned by you, but may be transferred or assigned by SYDA without restriction.

Modifications to these Terms

You should visit this page and periodically reread these Terms as SYDA reserves the right at its sole discretion to update, modify, and revise these Terms at any time. Any such changes to these Terms will be effective immediately upon posting, and your continued use of the Site following such changes constitutes your acceptance of the changed Terms and your agreement to be bound by them. When SYDA changes these Terms, SYDA will provide notice by updating the effective date above.