Terms of Service

Terms of Use

Effective Date: January 01, 2021

I. General

Welcome to Kriya Yoga Wisdom. At Kriya Yoga Wisdom, we aim to provide high-quality, easy to follow online yoga courses; you can also schedule live coaching sessions online, find fitness education materials, and participate in discussions in fitness webinars and forums (collectively, the “Services”), each, as provided by us on the following www.kriyayogawisdom.com (the “Website”). These Terms of Use (“Terms”) govern your use of the Services and the Website. When using the Services, you must comply with these Terms and any other notices or policies we may post at any time. For purposes of these Terms, “we” means Kriya Yoga Wisdom, with “us” and “our” having the corollary meanings.

This Website and the Services are hosted on platform(s) controlled or operated by GoDaddy.com, LLC, including the GoDaddy website at www.GoDaddy.com (“GoDaddy”) By using our Services and the Website, you also expressly agree to be bound by and comply with all applicable terms and conditions imposed by GoDaddy (“GoDaddy Terms”), which can be found by clicking the following website: GoDaddy Terms of Service. Certain features of the Services may also be provided by third party service providers, including Sutra.co, Zoom video conferencing, Facebook, Instagram, Twitter, WhatsApp, YouTube, Vimeo and other social media platforms (“Third Party Platforms”). By using these features and Third Party Platforms, you expressly agree that (a) these Terms, to the extent applicable, also apply to any activities you or we may conduct on the Third Party Platforms relating to our Services or Kriya Yoga Wisdom, and (b) you are bound by and will comply with all applicable terms and conditions imposed by the applicable Third Party Platforms (collectively, with the GoDaddy Terms, “Third Party Terms”). In the event of any conflict between the Terms and Third Party Terms, unless otherwise expressly provided herein, Third Party Terms shall govern as to the use of the applicable third party service.

We may, from time to time, change these Terms or modify or update any features of any of the Website or Services. It is your responsibility to review these Terms each time you use the Website or any Services. We may notify you of any such updates using any reasonable means, including by posting such updated Terms here, through a link posted on the Website or any Service, or by sending a notice to the e-mail address that you provided, if any. The most current version of these Terms can be viewed by clicking on the “Terms of Use” link posed below on the Website.

We welcome yoga lovers of any age, but you must be at least eighteen (18) years old to access the Website and use our Services without adult supervision. If you are under eighteen (18) years of age, you may not purchase or register for any yoga courses or access or use other Services or the Website without the supervision of your parent or guardian.

II. Privacy

These Terms also incorporate by reference the terms of our privacy policy (“Privacy Policy”). The Privacy Policy is posted here . By using the Website and/or the Services, you indicate that you understand and agree to the practices described in the Privacy Policy.

III. Use of the Services

You may access the Website and/or the Services as available: (1) for your information and for your personal, non-commercial use; (2) as permitted through the provided functionality of the Website and the Services; and (3) with respect to any videos or other audiovisual content, for contemporaneous digital transmission via the Internet from the Website to your personal device for real-time viewing and not for copying, storing, redistribution, or unless permitted by us pursuant to the Terms, downloading (collectively, “Authorized Uses”).

You may not access or use, or attempt to access or use, the Website or the Services to take any action that could harm us or any third party, interfere with the operation of the Website or the Services, or use the Website or the Services in a manner that violates any laws. For example, and without limitation, you may not:

· transmit any message or information under a false name or otherwise misrepresent your affiliation or the origin of materials you transmit;

· transmit any message or information that is unlawful, libelous, defamatory, obscene, fraudulent, predatory of minors, harassing, threatening, or hateful;

· transmit any message or information that infringes or violates the intellectual property, privacy, or publicity rights of others;

· reproduce, retransmit, distribute, disseminate, sell, publish, broadcast, or circulate content received through the Services or Website to anyone without prior express permission;

· use any robot, spider, or other automatic device, process, or means to access the Website or the Services for any purpose, including monitoring or copying any of the material on the Website;

· use any manual process to monitor or copy any of the material on the Website, or for any other purpose not expressly authorized in these Terms, without our prior written consent; or

· engage in any other conduct that restricts or inhibits any person from using or enjoying the Services or Website, or that, in our sole judgment, exposes us or any of our users, affiliates, or any other third party to any liability, damages, or detriment of any type.

Violations of system or network security may result in civil or criminal liability. We may investigate and work with law enforcement authorities to prosecute users who violate the Terms. We may suspend or terminate your access to the Website or use our Services for any violation of these Terms at our sole discretion at any time, with or without notice.

Portions of the Website and the Services (“Upgraded Services”) may require users to pay fees before access. The Upgraded Services will only be available to users who have registered with us, paid relevant fees and have received a user name and password (“Account Credentials”) permitting them to access and use the Upgraded Services. If you are not such a user, you are not authorized to access or use any Upgraded Services. You agree to provide truthful, accurate, current and complete information about yourself as requested or directed in the registration process, and to promptly update this information to maintain its accuracy. If you have been granted access to the Upgraded Services, you agree that you (1) are responsible for maintaining the confidentiality of your Account Credentials, (2) may not share your Account Credentials with any other individual or allow anyone else to access or use the Services under your Account Credentials, (3) may not use your Account Credentials for meditations for a group of two or more people without our express permission; and (4) are fully responsible for all activities that occur under your Account Credentials and account. As such, we may rely on the authority of anyone accessing your account or using your Account Credentials. You agree to immediately notify us of any unauthorized use of your Account Credentials or account or any other breach of security. Without limiting any rights that we otherwise may have, we may take any and all action it deems necessary or reasonable to ensure the security of the Website and your account, including, without limitation, terminating your account, changing your password, or requesting additional information to authorize transactions on your account.

It is important that you understand that enrollment, participation, and/or successful completion of any courses, webinars, live coaching sessions, or other instruction offered as part of the Services (collectively, the “Kriya Courses”) does not qualify you to teach any Kriya Content. Without explicit, written, permission from Kriya Yoga Wisdom, you may not (1) represent yourself as authorized or certified to teach any Kriya Content or as an employee or agent of Kriya Yoga Wisdom or (2) use your enrollment, participation, and/or successful completion of Kriya Courses for any promotional or commercial purposes, whether through the Internet (either through social media or websites/apps), print, radio, or any other medium.

We may change, suspend or discontinue any aspect of the Website and/or the Services at any time, including the availability of any feature, database, or content.

IV. COST OF SERVICE; PAYMENTS

We reserve the right to charge for access to any Services (or portion thereof). All Upgraded Services are subject to fees and charges set forth on the Website. We reserve the right to update the fees and charges for our Services. Unless otherwise expressly included in our 30-day Money Back Guarantee Policy or required by law, all fees and charges are non-refundable, including for unused portions of Services and for terminated or suspended accounts. All fees and charges will be billed to and paid by you in United States dollars, unless otherwise expressly indicated by us. You must pay all fees and charges incurred through your account at the rates in effect at the time they are incurred and on or before the applicable due date. We may use a third-party payment vendor to process payments for the applicable Services, and such payment processing will be governed by the vendor’s user agreement and privacy policy in addition to ours.

V. Intellectual Property Rights

Kriya Content

All content on the Website and available through the Services, including, without limitation, text, audio, videos, graphics, images, logos, applications, and other information or technology, and their selection, arrangement and assembly (“Kriya Content”) are the property of Kriya Yoga Wisdom. You may not publish, reproduce, distribute, display, perform, edit, adapt, modify, or otherwise exploit any part of the Kriya Content without our prior written permission.

You may print or download one copy certain Kriya Content (“Downloadable Content”) that we expressly label as being available for downloading and/or printing as part of a Kriya Course solely for Authorized Uses and in accordance with these Terms, provided that you (1) use the phrase “Used with permission of Kriya Yoga Wisdom” when using such Downloadable Content, (2) keep intact all copyright and other proprietary notices, and (3) do not modify, edit, or take out of context in any way any of such Downloadable Content. You may only print or download the Downloadable Content during the period of your enrollment in applicable such Kriya Course. After the Kriya Course ends, you will no longer have access to or the permission to print or download such Downloadable Content unless you repurchase the Kriya Course.

Subject to your compliance with these Terms, we grant you a limited, revocable, nonexclusive, non-assignable, right to access and use the Website, the Services, and the Kriya Content solely for Authorized Uses. For clarity, this license does not permit the use of any robot, spider, other automatic device, or manual process to monitor, deep link with or copy any of our web pages or the content contained herein. Any use of the Website, the Services, or the Kriya Content other than as expressly set forth herein is prohibited and will terminate any right or license granted herein. Such unauthorized use also may constitute an infringement of our rights, including copyright rights.

Feedback.

We welcome feedback, comments and suggestions for improvements to the Kriya Content (“Feedback”). You acknowledge and expressly agree that any contribution of Feedback does not and will not give or grant you any right, title or interest in the Kriya Content or in any such Feedback. All Feedback becomes the sole and exclusive property of Kriya Yoga Wisdom and we may use and disclose Feedback in any manner and for any purpose whatsoever without further notice or compensation to you and without retention by you of any proprietary or other right or claim. You hereby assign to Kriya Yoga Wisdom any and all right, title and interest (including, but not limited to, any patent, copyright, trade secret, trademark, show-how, know-how, moral rights and any and all other intellectual property right) that you may have in and to any and all Feedback.

Trademarks

All rights in the product names, company names, trade names, logos, service marks, trade dress, slogans, product packaging, and designs of the Website and the Services, whether or not appearing in large print or with the trademark symbol, belong exclusively to Kriya Yoga Wisdom or its licensors and are protected from reproduction, imitation, dilution, or confusing or misleading uses under national and international trademark and copyright laws. The use or misuse of these trademarks or any materials, except as authorized herein, is expressly prohibited, and nothing stated or implied on the Website or the Services confers on you any license or right under any patent or trademark of Kriya Yoga Wisdom, its affiliates, or any third party.

User Content

You understand that you are solely responsible for all information, data, text, software, music, sound, photographs, graphics, video, messages or other materials that you submit, post or display on or through the Website or the Services, including any webinars or discussion forums (“User Content”). You also are solely responsible at your sole cost and expense for creating backup copies of any User Content. You may not stream, post, publish, upload, disseminate, distribute or otherwise make available (“Post”) any User Content (or otherwise Post any information or content through the Website and/or the Services) for any promotional or commercial purpose or to market any specific products, services, or programs, such as workshop announcements or tutorials, or to promote and/or spread any political agenda, conspiracy theories or misinformation/ disinformation. We claim no ownership or control over any User Content. You or a third party licensor, as appropriate, retain all patent, trademark and copyright rights to any User Content and you or a third party licensor are responsible for protecting those rights.

We are not responsible for screening or monitoring User Content; however, we reserve the right to review, refuse to accept, post, display or transmit, and/or remove any User Content that we believe, in our sole discretion, violates these Terms, violates applicable laws, rules or regulations, is abusive, disruptive, offensive or illegal, or violates the rights of, or harms or threatens the safety of, other users of the Website or the Services.

Subject to our Privacy Policy, by submitting, posting or displaying User Content on or through the Website, you grant us a worldwide, perpetual, non-exclusive, royalty-free license to reproduce, adapt, distribute, sublicense and publish such User Content. You understand that by posting User Content in any public area of any Website, any other user of the Website or the Services may be able to access, display, view, store and reproduce such User Content.

Third Party Content

The Services may provide links to third-party content. You acknowledge and agree that we are not responsible for the availability of such third-party content, and we do not control, endorse, sponsor, recommend, or otherwise accept responsibility for such content. Use of any linked third-party content is at the user's own risk.

Claims Regarding Copyright Infringement

Pursuant to Title 17, United States Code, Section 512(c)(2), notifications of claimed copyright infringement should be sent to administrator@kriyayogawisdom.com. ALL INQUIRIES NOT RELEVANT TO THIS PROVISION WILL NOT RECEIVE A RESPONSE.

Upon receipt of notices complying or substantially complying with the Digital Millennium Copyright Act, we will act expeditiously to remove or disable access to any material claimed to be infringing or claimed to be the subject of infringing activity, and will act expeditiously to remove or disable access to any reference or link to material or activity that is claimed to be infringing. We will take reasonable steps to promptly notify the user that we have removed or disabled access to such material.

Recordings

By attending, watching, listening, using, or participating in any of our Services or any social gatherings, documentary projects, or other events relating to our Services (collectively, each, an “Activity”):

· you agree that your participation in any Activity may be streamed live and/or recorded in video and/or audio format, and

· you give consent to Kriya Yoga Wisdom to use your image, likeness, actions, movements, and/or statements in any live or recorded audio, video, film, webcast, stream, or other transmission, exhibition, simulcast, or reproduction made of such Kriya Course (the “Recordings”).

You understand that the Recordings may be used for yoga coaching and educational purposes, as well as delivering and promoting our Services, operating our business, and/or improving our business operations (including, without limitation, on our Website and Third Party Platforms), in each case, without further consent from or compensation to you. You acknowledge that Kriya Yoga Wisdom shall own the copyright in these Recordings.

VI. Non-Discrimination policy

Kriya Yoga Wisdom is committed to providing an inclusive and welcoming environment. We do not discriminate in our Services in regard to race, skin color, ethnic, national or social origin, gender, sexual orientation, language, religion, political opinion or any other opinion, financial status, age, disability, genetic information, marital status, or any other reason.

You may not use our Services, the Website, or any Third Party Platform to Post any material or content, or otherwise conduct any activity, that offends the dignity or integrity of a person, group of people or country, or otherwise promote or provoke discriminatory, hostile, harassing or violent speech or conduct, in each case, including through contemptuous, discriminatory or denigrating words or actions on account of race, skin color, ethnic, national or social origin, gender, sexual orientation, language, religion, political opinion or any other opinion, financial status, age, disability, genetic information, marital status, or any other reason.

We have zero tolerance for any such activities, and expressly reserve the right to immediately terminate your access to the Website, use of the Services and relationship with Kriya Yoga Wisdom if, in our reasonable judgment, you have engaged in any such activities.

VII. HEALTH DISCLAIMERS and Waivers

Any physical activity, including yoga, involves certain risks and dangers that could result in physical, emotional or other injury, accident, or death. As such, you should consult with your doctor or have a physical examination before using any of the Services.

The information presented on or through the Services is made available solely for general information purposes. We make no claims as to medical results that can or may be obtained through use of the Services. You acknowledge that neither we nor any of our instructors or staff have the training, authority or expertise to provide medical treatment or related advice to you. No instructions, suggestions, or comments made in connection with our offering of the Services should be construed as medical treatment or related advice.

By using the Services:

· you represent that you understand and you acknowledge that there are HEALTH-RELATED risks AND DANGERS associated with the Services, INCLUDING BUT NOT LIMITED TO injuries, ACCIDENTS, OR ILLNESSES resulting from overexertion, physical adjustment, improper or negligent use of SUGGESTED equipment (e.g., blocks, FOAM ROLLERS, and/or straps), failure to FOLLOW INSTRUCTIONS and injuries resulting from participation in an inappropriate level of physical aCTIVITY;

· You ARE VOLUNTARILY MAKING USE OF THE SERVICES WITH KNOWLEDGE OF THE HEALTH-RELATED RISKS AND DANGERS INVOLVED AND voluntarily accept ALL SUCH risks and DANGERS;

· YOU AGREE That you are solely responsible for selecting KRIYA COURSES, INSTRUCTIONAL VIDEOS, AND OTHER KRIYA CONTENT THAT ARE appropriate for your skill and ability level AND YOUR PHYSICAL AND MENTAL CONDITION; and

· You expressly waive and release any claim that you may have at any time for injury, ACCIDENT, OR ILLNESS of any kind against KRIYA YOGA WISDOM, or any person or entity involved with KRIYA YOGA WISDOM, including without limitation OUR PARENTS, subsidiaries, affiliates, LICENSORS, SUPPLIERS AND THEIR directors, officers, AFFILIATES, Contractors, instructors, employees, AGENTS, and assigns (collectively, the “kriya parties”).

VIII. GENERAL Disclaimer of Warranties; Limitation of Liability

Your use of the website AND THE SERVICES is at your own risk. The WEBSITE aND THE Services (INCLUDING THE KRIYA CONTENT) are provided “as is” without warranties of any kind, either express or implied, including without limitation warranties of title, merchantability, fitness for a particular purpose, non-infringement, or other violation of rights. We do not warrant the adequacy, currency, accuracy, likely results, or completeness of the WEBSITE AND/OR THE Services or any THIRD PARTY sites linked to or from the WEBSITE AND/OR THE Services, or that the functions provided will be uninterrupted, virus-free, or error-free. We expressly disclaim any liability for any errors or omissions in the content included in the WEBSITE AND/OR THE Services or any THIRD PARTY sites linked to or from the Services. some jurisdictions may not allow the exclusion of implied warranties, so some of the above exclusions may not apply to you.

Without limiting article VII (Health disclaimers and waivers), In no event will we, or any kriya parties be liable for any direct or indirect, special, incidental, consequential or punitive damages, lost profits, or other damages whatsoever arising in connection with the use of the WEBSITE AND/OR THE Services, any interruption in availability of the WEBSITE AND/OR THE Services, delay in operation or transmission, computer virus, loss of data, or use, misuse, reliance, review, manipulation, or other utilization in any manner whatsoever of the WEBSITE AND/OR THE Services or the data collected through the WEBSITE AND/OR THE Services, even if one or more of them has been advised of the possibility of such damages or loss. BECAUSE SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OR LIMITATION OF INCIDENTAL OR CONSEQUENTIAL DAMAGES, KRIYA YOGA WISDOM’S LIABILITY IN SUCH JURISDICTIONS SHALL BE LIMITED TO THE MAXIMUM EXTENT PERMITTED BY LAW.

To the maximum extent permitted by law, YOU hereby forever release the KRIYA PARTIES from all claims, actions, damages, losses, costs, expenses and liability of any kind, arising under any legal or equitable theory whatsoever at any time, in connection with or arising from any Use of the RECORDINGs, including claims for invasion of privacy, infringement of copyright or right of publicity, or any other rights of any kind.

IF YOU ARE A CALIFORNIA RESIDENT, YOU WAIVE CALIFORNIA CIVIL CODE §1542, WHICH SAYS: A GENERAL RELEASE DOES NOT EXTEND TO CLAIMS WHICH THE CREDITOR DOES NOT KNOW OR SUSPECT TO EXIST IN HIS OR HER FAVOR AT THE TIME OF EXECUTING THE RELEASE, WHICH IF KNOWN BY HIM OR HER MUST HAVE MATERIALLY AFFECTED HIS SETTLEMENT WITH THE DEBTOR.

TO THE FULLEST EXTENT PERMISSIBLE UNDER APPLICABLE LAW, our AGGREGATE LIABILITY, AND THE AGGREGATE LIABILITY OF all kriya parties, TO YOU OR ANY THIRD PARTIES IN ANY CIRCUMSTANCE IS LIMITED TO THE GREATER OF THE AMOUNT YOU PAID, IF ANY, FOR USE OF THE APPLICABLE SERVICES IN THE LAST TWELVE (12) MONTHS OUT OF WHICH LIABILITY AROSE OR $100.

IX. Indemnification

You agree to indemnify, defend and hold us and our PARENTS, subsidiaries, affiliates, LICENSORS, SUPPLIERS AND THEIR directors, officers, AFFILIATES, SUBContractors, employees, agents, and assigns harmless from and against any and all loss, costs, expenses (including reasonable attorneys’ fees and expenses), claims, damages and liabilities related to or associated with your use of the WEBSITE AND/OR THE Services (INCLUDING ANY KRIYA CONTENT) and any alleged violation by you of these Terms (including but not limited to, your User ContENT, any use of the Website's content, services, and products other than as expressly authorized in these Terms or your use of any information obtained from the Website OR THE SERVICES). We reserve the right to assume the exclusive defense of any claim for which We are entitled to indemnification under this section. In such event, you shall provide us with such cooperation as we reasonably request.

X. International use

We make no representation that the Website or Services are appropriate or legal for use in any locations outside the United States. The laws regarding use of the Website and Services may vary in different countries. It is your responsibility to comply with all local rules regarding online conduct and your use of the Website and the Services. Specifically, you agree to comply with all applicable laws regarding the transmission of technical data exported from the United States or the country in which you reside.

XI. Choice of Law and Forum

These Terms and your access to and use of the Website and the Services will be governed by and will be construed in accordance with the laws of the State of New York, U.S.A. without regard to principles of conflicts of laws. You agree that any claim or dispute against us arising out of or relating to the Website or the Services must be resolved by a federal district court located in New York City, New York, U.S.A. unless agreed upon by all parties.

XII. Miscellaneous

These Terms, including the Privacy Policy, constitute the entire agreement between you and us, superseding any prior or contemporaneous communications and proposals (whether oral, written or electronic) between you and us. In the event any provision of these Terms is held unenforceable, it will not affect the validity or enforceability of the remaining provisions and will be replaced by an enforceable provision that comes closest to the intention underlying the unenforceable provision. You agree that no joint venture, partnership, employment, or agency relationship exists between you and us as a result of these Terms or your access to and use of the Website and/or the Services. Our failure to enforce any provisions of these Terms or respond to a violation by any party does not waive our right to subsequently enforce any terms or conditions of the Terms or respond to any violations. Nothing contained in these Terms is in derogation of our right to comply with governmental, court, and law enforcement requests or requirements relating to your use of the Website and/or the Services or information provided to or gathered by us with respect to such use.

KRIYA YOGA WISDOM

Learn Kriya Yoga meditation techniques with Yogacharya Donald Abrams