Isha Download Store (IDS) - Terms and Conditions
IMPORTANT -- READ CAREFULLY: These Terms of Download ("Agreement") is a legal agreement between you (either an individual or an entity) and Isha Foundation Inc. (Isha) for audio/video downloads/purchases from this site ("Products").
YOU AGREE THAT BY YOUR DOWNLOADS/PURCHASES YOU ACKNOWLEDGE THAT YOU HAVE READ THIS AGREEMENT, UNDERSTOOD IT, AND AGREE TO BE BOUND BY ITS TERMS AND CONDITIONS.
IF YOU DO NOT AGREE TO THE TERMS OF THIS AGREEMENT, DO NOT CLICK ON THE "ACCEPT" BUTTON AND DO NOT PURCHASE FROM OR USE THE SITE.
1. PAYMENT & DOWNLOADS
Payments for downloads shall include any applicable taxes, in accordance with the billing terms and prices in effect at the time of the down loads. All payments are completely non-refundable.
Under no circumstances will Isha be liable in any way for any product that you download, including, but not limited to, any errors or omissions in any content, quality of the content, availability of the content, the subject matter of the content, or for any loss or damage of any kind incurred as a result of the use of any content provided for download.
2. PRODUCTS USE RESTRICTIONS
a) You agree that you shall only use the Products/Downloads in a manner that complies with all applicable laws in the jurisdictions in which you use the Products/Downloads, including, but not limited to, applicable restrictions concerning copyright and other intellectual property rights. Except as specifically authorized herein, you may not: (i) permit other individuals to use the Products/Downloads; (ii) modify, translate, distribute or create derivative works of Products/Downloads; (iii) copy or redistribute the Products/Downloads; (iv) rent, lease, transfer, or otherwise transfer rights to the Products/Downloads; (v) remove any proprietary notices or labels on the Products/Downloads; and (vi) add to, alter, delete from, or otherwise modify the Products/Downloads.
b) You may only use the Products/Downloads for your private, non-commercial use. You may not use the Products/Downloads in any way to provide, or as part of, any commercial service or application. All Products/Downloads, including but not limited to that is streamed, downloaded or copied are protected by the U.S. copyright laws and related laws of other jurisdictions, and are for your own personal use only. You may not, under any circumstances, distribute Content to third parties, or broadcast or perform the Products/Downloads outside your normal circle of family and social acquaintances.
c) You may not attempt to, in conjunction with, any device, software program or service, circumvent technological measures employed to control access to, or the rights in, a Content file.
3. PERSONAL INFORMATION AND PRIVACY
4. E-MAIL NOTIFICATION
To let you know what new Products are available from time to time, Isha will send you e-mail updates. You agree that Isha may send you such e-mail to the address you provide. If you do not want to receive this e-mail, you may unsubscribe as provided in each e-mail.
Title, ownership, rights, and intellectual property rights in and to all of Isha's sites, services and products shall remain with Isha. The Products and Contents of the sites are protected by the copyright laws of the United States and other countries, and by international copyright treaties. You shall have a non-transferable license to use the products as provided herein.
6. DISCLAIMER OF WARRANTY & LIMIT OF LIABILITY
The services and products are provided as is without warranty of any kind. To the maximum extent permitted by applicable law, Isha further disclaims all warranties, including without limitation any implied warranties of merchantability, fitness for a particular purpose, and non-infringement. The entire risk arising out of the use or performance of the services and products remains with you. To the maximum extent permitted by applicable law, in no event shall Isha be liable for any consequential, incidental, indirect, special, punitive, or other damages whatsoever (including, without limitation, damages for loss of business profits, business interruption, loss of business information, or other pecuniary loss) arising out of this agreement or the use of or inability to use the products or services or the content, even if Isha has been advised of the possibility of such damages. Because some states/jurisdictions do not allow the exclusion or limitation of liability for consequential or incidental damages, the above limitation may not apply to you. Isha does not endorse, warrant or guarantee any product/content/service provided by or through Isha.
7. NO ASSIGNMENT
This Agreement is personal to you, and may not be assigned without Isha's express written consent.
a) Arbitration & Jurisdiction. You and Isha agree that the exclusive remedy for all disputes and claims relating in any way to, or arising out of, this Agreement or Services, or your use of the Services shall be final and binding arbitration. The arbitration shall be conducted under the Commercial Arbitration Rules of the American Arbitration Association ("AAA") and AAA's Supplementary Procedures for Consumer Related Disputes ("AAA Consumer Rules"). The arbitration shall take place in the State of Nashville, Tennessee, USA. To the fullest extent permitted by law: no arbitration under this Agreement shall be joined to any other arbitration, including any arbitration involving any other current or former licensee of Isha; no class arbitration proceedings shall be permitted; no finding or stipulation of fact in any other arbitration, judicial or similar proceeding may be given preclusive or collateral estoppel effect in any arbitration hereunder; and no conclusion of law in any other arbitration may be given any weight in any arbitration hereunder. Your arbitration fees and your share of arbitrator compensation will be limited to those set forth in the AAA's Consumer Rules with the remainder paid by Isha. You and Isha may litigate in court only to compel arbitration under this Agreement, stay proceedings pending arbitration, or to confirm, modify, vacate or enter judgment on the award rendered by the arbitrator(s). You and Isha hereby consent to the exclusive jurisdiction of the state and federal courts sitting in the State of Nashville, Tennessee, USA to enforce the provisions of this Section 8 and to resolve any disputes and claims cognizable in court relating in any way, or arising out of, this Agreement or Products/Services. The court, not the arbitrator, shall determine arbitrability and enforce the arbitration agreements contained herein, including the prohibition on consolidated arbitrations and class arbitration. This Agreement and all disputes and claims relating in any way to, or arising out of, this Agreement or Services or your use of the Services shall be governed by the laws of the State of Nashville, Tennessee, USA and the Federal Arbitration Act.
b) Complete Agreement. This Agreement shall constitute the complete and exclusive agreement between us, notwithstanding any variance with any purchase order or other written instrument submitted by you, whether formally rejected by Isha or not. The acceptance of any purchase order you place is expressly made conditional on your consent to the terms set forth herein. The terms and conditions contained in this Agreement may not be modified by you except in a writing duly signed by you and an authorized representative of Isha. If any provision of this Agreement is held to be unenforceable for any reason, such provision shall be reformed only to the extent necessary to make it enforceable, and such decision shall not affect the enforceability of such provision under other circumstances, or of the remaining provisions hereof under all circumstances. This Agreement will not be governed by the United Nations Convention of Contracts for the International Sale of Goods, the application of which is hereby expressly excluded.