Terms & Conditions

Date last modified: May 12, 2016

Namaste and welcome to the website of ShantiMissionAmerica.org and its affiliated Shanti Mission websites including ShaktiDurga.com, ShantiMission.org, ShantiMissionHealth.org (together the “Site”).

Legal Agreement. These Site terms and conditions, our Privacy Policy and any documents referred to in the terms comprise the terms of a legally binding agreement (“Agreement”) between Shanti Mission America, Shanti Mission, Shakti Durga, Higher Guidance Pty Ltd and all affiliated entities (“We”, Us” or “Our”) and all users of the Sites, whether directly or indirectly (“You” or “Your”).

Consent to use. By accessing the Site or Our services, whether as a guest or a registered user, or allowing anyone else who shares Your Internet connection to do the same, You agree that You have read, understood and agreed to be bound by and ensure anyone else using Your Internet connection complies with this Agreement and Our Privacy Policy and all applicable laws and regulations, and You are solely responsible for compliance with any applicable local laws.  This Site is available to users who reside in the United States and any of its territories or possessions.   We make no representations that the Site is appropriate or available for use in any other locations.  If You access or use this Site from any other locations, You do so at Your own risk and volition and You shall responsible for compliance with the applicable laws of that location.  If You do not agree with any part of this Agreement, You must not use or access this Site.

Ability to Form a Binding Contract.   This Site is offered to users who 18 years of age or older.  By using or accessing this Site, You represent and warrant to Us that You are of legal age to form a binding contract with Us.  You further agree that by using or accessing this Site, or by clicking that You agree to the terms of this Agreement (if You are offered this option on the Site), then You are entering into a legally binding contract with Us which is fully enforceable as if both parties formally signed this  Agreement.  If You are not of legal age to form a binding contract with Us or if You do not agree that this Agreement will be legally binding upon You, then You must not access or use this Site.  Notwithstanding the foregoing, children at least 13 years old and under 18 years old may use or access this Site under the direct supervision of a parent or guardian if the parent or guardian had agreed to all of the terms of this Agreement.  No one under the age of 13 may use or access this Site for any reason.

Change of terms. We reserve the right to change, modify, suspend, discontinue, or otherwise alter this Agreement and the Site at any time temporarily or permanently at any time without notice to You and at no liability to You.  You agree that each visit You make to the Site will be subject to the current terms and conditions as published on the Site from time to time. You should check this page regularly so that You are aware of any changes to this Agreement, as any changes will be binding on You.

Access to Site. Access to the Site or Our services is granted on a temporary only basis. We reserve the right to withdraw or amend any service We provide on the Site without notice. From time to time, We may restrict access to the Site at Our discretion without notice to You and We accept no liability if the Site or Our services are unavailable at any time or for any time period for any reason whatsoever.  We will not be responsible for any delay, suspension or failure of the Site or Our services that occurs for any reason, including any force majeure circumstances or other events that are outside of Our reasonable control.  You are responsible for:  (a) making all of the arrangements necessary for You to have access to this Site; (b) ensuring that any persons who use or access this Site through Your internet connection are aware of this Agreement and comply with its terms; and (c) directly supervising any children at least 13 years old and under 18 years old who use or access this Site through your internet connection or with your permission and ensuring that no minor children under the age of 13 use or access this Site.

Governing law and Jurisdiction.  The Site is governed by the laws of the State of Connecticut, USA.  By using this Site, You submit and irrevocably consent to the exclusive jurisdiction of the state and federal courts located in Fairfield County, Connecticut to hear any disputes related to this Agreement.  You also agree that you will bring any legal suit, action or proceeding against Us, arising out of or related to this Agreement or the Site, exclusively in the state or federal courts located in Fairfield County, Connecticut.

Compliance with Laws.  You agree to comply with all applicable laws, statutes, ordinances, and regulations regarding Your use of the Site and any purchase of products or services from the Site. It is prohibited to Access the Site from any jurisdictions where the contents of the Site are illegal or the terms of this Agreement are illegal or unenforceable. You are solely responsible for compliance with, or the violations of, all laws, statutes, ordinances and regulations, of any such jurisdictions.

Entire agreement. This Agreement, and Our Privacy Policy, comprise the entire agreement between You and Us in respect to its subject matter and supersedes all prior agreements or understandings whether oral or in writing.

Termination, Suspension and Enforcement.  We have the right, in Our sole discretion, without notice or liability to You or any third party, to terminate or suspend Your account or Your access to the Site or Our Services, with or without cause.

We further have the right to disclose Your identity or other information about You to any third party who claims that material posted by You violates their rights, including their intellectual property rights or their rights to privacy.  We further have the right to  take appropriate legal action, including without limitation, referral to law enforcement for any illegal or unauthorized use of the Site.  You may terminate Your profile or Your account for any reason at any time by deactivating Your profile or account on the Site in accordance with the instructions on the Site.  You may contact Us for additional information on how to deactivate Your profile or account at:  info@shantimissionamerica.org.   If Your account is terminated, We may, in Our sole discretion, delete any content or materials relating to Your use of the Site or Our Services. Following any such termination: (i) You are not permitted to use the Site or Our Services without Our prior, written consent; and (ii) We reserve the right to use any means We think fit to prevent unauthorized access to the Site or Our Services.

Concerns or Objections Regarding Material.  If You have any concerns or objections about any material appearing on the Site, please contact Us immediately at info@shantimissionamerica.org.  However, We cannot review all material before it is posted on the Site, and cannot ensure prompt removal of objectionable material after it has been posted. Accordingly, We assume no liability for any action or inaction regarding transmissions, communications or content provided by any user or third party. We have no liability or responsibility to anyone for performance or nonperformance of the activities described in this Agreement.

PROPRIETARY RIGHTS

All materials on this Site, including, but not limited to Our services, software, applications, images, illustrations and multimedia materials published on this Site, is protected by copyright, trademark and all other proprietary rights which are owned and controlled by Us or by other parties that have licensed their material to Us (the “Licensors”). Material from this Site or any other website owned, operated, licensed or controlled by Us may not be copied, sold, reproduced, republished, uploaded, posted, transmitted, framed, scraped, displayed or distributed in any way other than as provided below. Modification of the materials or use of the materials for any other purpose is a violation of Our or the Licensors’ proprietary rights. The use of any such material on any other web site, ftp server or network environment is strictly prohibited. All rights are hereby reserved.

This Site may contain trademarks, logos and links to the web sites of third parties. Any domain names, URLs, trademarks or logos appearing on this Site are the sole property of their respective owners or Licensors.

You may print off one copy, and download extracts, of any page(s) from this Site for Your personal reference only and never for commercial purposes. You must not modify any paper or digital copies of this Site, and You must not use or edit any material from this Site separately from any accompanying text.  We or the Licensors, as appropriate, must always be acknowledged as original owners and creators of any such material.

We respect the intellectual property rights of others and We reserve the right to remove any content that in Our sole discretion appears to infringe the intellectual property of others. Please contact Us at info@shantimissionamerica.org if You believe that any user of the Site or Our Services has infringed Your intellectual property rights. We will then provide You with written instructions on how to send Us a notice of copyright infringement and will investigate and respond to Your notice of copyright infringement in accordance with applicable law.  It is Our policy to terminate the user accounts of repeat intellectual property infringers.

Registered Users

Registered Users. To become a registered user of the Site (“Registered User”), You must create an account with Us through the online registration process on the Site where this is available. In creating an account, You must provide accurate and complete information on the registration form. You must immediately notify Us if and when such information changes. If You do not provide or update such information, We reserve the right to terminate or suspend Your right to use the Site.

Security. When You open a registered account on the Site, You will be asked to provide a password. It is Your responsibility to keep Your password confidential and You will be responsible for Your password and account, including, without limitation, any use by any unauthorized third party. You must notify Us immediately if You believe Your password or account is or may be being accessed or used by an unauthorized person or entity or if You become aware of any other breach or attempted breach of the security of the Site. We recommend that You change Your password regularly to maintain security.

License. We grant You a limited, personal, non-exclusive, non-commercial, revocable, non-assignable and non-transferable license to download, display, view, and use a single copy of the Site material (excluding source and object code) on any single device used to access the Site for Your personal, non-commercial use only on the following conditions: that You: (i) comply with this Agreement; (ii) respect all trademark, copyright and other proprietary notices; (iii) do not use the materials in any manner that is likely to suggest or imply an association with any of Our or the Licensors’ products, services or brand; (iv) do not modify the materials; (v) do not allow or assist any third party  to copy or adapt the source or object code of the Sites’ software or programming code or reverse engineer, decompile, reverse assemble, modify or attempt to discover any source code and do not insert any code or product to manipulate the materials in any way.

Legal Disclaimer

The information and services on the Site are provided on an ‘as is’ basis. While every effort is maintained to ensure accuracy, this Site and Our services or the use thereof are: not guaranteed to (i) be uninterrupted, inaccurate, free of defects or errors; (ii) meet Your requirements; or (iii) operate with the hardware of software You use. You hereby release Us from all liability with regard to the services and contents of the Site and/or any advice received through the Site or any guests or third parties affiliated with this Site.

We will not be liable to You or any third party for any consequential, incidental, indirect, punitive or special damages arising out of, relating or connected to the use of the Site or Our services based on any cause of action. We give no representations or warranties that the use of this Site and Our services will not infringe the rights of any third parties.

We accept no liability for any consequences acted upon in the use of any information provided on or from the Site or Our services.  We do not guarantee the accuracy of any services and rescind all liability for any personal, business or health decisions. You must seek professional medical advice from a doctor or health professional if You have any health concerns.

Any accessing of this Site and/or Our services provided on or from this Site is obtained by Your own free will and choice and We hereby rescind any and all liability in any way for any legal ramifications, which You might incur as a result.

We do not control, warrant or endorse any third party links, services, goods, resources and information appearing on the Site and We take no responsibility for the privacy, practices or content of such sites.

All third party links, references, sites, services, promotions, software applications or events appearing on the Site are for Your information and convenience only.  This includes links contained in any advertisements on this Site. We have no control over the contents of these links, or any third party websites to which You may be directed from these links, and We accept no responsibility for them or for any loss or damage that may arise from Your use of or interaction with them. If You decide to access any of the third party websites linked to or from this Site, You do so entirely at Your own risk and subject to the terms and conditions of use for such websites.

The material, commentary and content displayed on or via this Site, and any services, software, events and applications is provided without any guarantees, conditions or warranties as to its accuracy, veracity, truthfulness, completeness and to the fullest extent permitted by law, We hereby expressly exclude:

  • all conditions, warranties and other terms which might otherwise be implied by statute, common law or the law of equity, except for any warranties which cannot be excluded, restricted or modified under applicable law; and
  • any liability for any direct, indirect or consequential loss or damage incurred by any user in connection with this Site, services, software, applications or events and any other loss or damage of any kind, however arising even if foreseeable.

Where any laws in any jurisdiction imply warranties and conditions or impose obligations on the supply of goods and services through or by means of this Site which cannot be excluded, restricted or modified except to a limited extent, then to the fullest extent permitted Our liability is limited and if any liability remains it will be limited to any one or more of the following in Our sole discretion:

  • in the case of any goods, the replacement or repair of the goods, or the supply of equivalent goods, or the payment of the cost of repairing or replacing the goods or supplying equivalent goods; and
  • in the case of any services, the supply of the services again or the payment of the cost of having the services supplied again.

You hereby agree that in no event shall Our maximum aggregate liability exceed the greater of the amount paid by You for the goods or services, as applicable, or one hundred dollars (USD$100.00).

RESEARCH AND EVALUATION

We reserve the right to carry out research and evaluation with registered users of this Site. Any and all material collected will be in accordance with Australian standards for such research and Our Privacy Policy.  We reserve the right to use Our findings in reports, papers or published materials or media, and We will ensure that names and private information will not be disclosed.

MIS– USE

You must not misuse this Site by knowingly introducing viruses, Trojans, worms, logic bombs or other material which is malicious or technologically harmful. You must not attempt to gain unauthorized access to this Site or Our services, the server on which this Site is stored or any server, computer or database connected to this Site, software or applications.

— USER GENERATED CONTENT

Other than as limited in Our Privacy Policy, if You submit any content, materials, comments, messages, photographs, audio, video, music, images or personally identifiable information to, on, or via, Our Site, services, software, or any other interactive service (“Content”), then You hereby grant Us (and represent and warrant that You have the right grant) an automatic royalty-free, perpetual non-exclusive transferable, sub-licensable right to for any purpose (i) use, copy, communicate, deliver, host, reproduce, modify, adapt, translate, distribute, publish, create derivative works from and publicly display such Content throughout the world in any media, now known or hereafter devised; and (ii) use the name that You submit in connection with such Content, where applicable.

You are solely responsible for the posting, transmission, delivery, accuracy and use of the Content and You do so at Your own risk and We take no responsibility and assume no liability for the same. Your Content must not include any material, content or information:

  • that breaches any law or regulation;
  • that is unlawful, deceptive or fraudulent;
  • intended to harm someone in any way or that is libelous, defamatory, obscene, pornographic, indecent, harassing, threatening, invasive of privacy or publicity rights, abusive, inflammatory, uses vulgar language or otherwise objectionable;
  • containing unsolicited or unauthorized advertising or promotional material or any other form of similar solicitation, junk or bulk email or otherwise (spam);
  • that incites, encourages or threatens harm against another;
  • that contains viruses, Trojan horses, worms, time-bombs, keystroke loggers, spyware, adware or any other harmful programs or similar computer code designed to adversely affect or limit the operation of any computer software, hardware or telecommunications equipment; or
  • that may infringe the intellectual property rights of any third party.
  • that is likely to upset, embarrass, alarm or annoy any other person.
  • that is intended to impersonate any person, misrepresent Your identity or affiliation with any person or organization or give the impression that they emanate from or endorsed by Us or any third party, if that is not the case.

Due to the amount of user Content, We are not able and will not pre-screen, monitor, vet or edit Content. We do have the right in Our sole discretion to remove any Content, or to suspend or terminate the account of any user, but are not responsible for any failure or delay in doing so and We are not and will not be liable for any damage or harm resulting from any Content, or Your interactions with others, on the Site

The Site must not be framed or linked on or to any other site, unless We expressly agree otherwise in writing.

WARRANTIES AND INDEMNITY

Warranties. You represent and warrant to Us that: (i) You will not infringe the patent, copyright, trademark, trade secret, right of publicity or other intellectual property or proprietary right of any third party in Your use of the Site or Our Services; (ii) You will comply with all applicable laws, rules and regulations in Your use of the Site and Our Services, including this Agreement; (iii) You are at least eighteen (18) years of age and have the legal right and capacity to enter into this Agreement in Your jurisdiction and to comply with this Agreement; (iv) all information You provide to Us is true, accurate, complete and current.

Indemnity. You hereby agree to indemnify, defend, and hold harmless Us, Our parents, subsidiaries and affiliates and Our officers, employees, directors, agents, legal representatives, and sponsors from and against any and all claims, damages, loss, costs, or other expense (including costs of suit and reasonably incurred legal fees) that arise directly or indirectly out of or from: (i) Your breach of this Agreement, unauthorized  use of this Site or of any representation or warranty made by You under this Agreement; (ii) Your submissions to the Site; and/or (iii) Your activities in connection with the Site and its contents; (iv) any third party claim, action or demand arising from or connected in any way with Your use of the Site or Our services; and (v) any infringement, violation or misappropriation of any copyright, publicity, privacy or other right of any person or entity arising from or connected in any way with Your use of the Site or Our services. We reserve the right to choose to control the handling of any claim under this indemnity provision at Your cost and expense and You may not settle or compromise or otherwise handle any such claim without Our prior, written consent.

Limitation on Time to File Claims.  ANY CA– USE OF ACTION OR CLAIM YOU MAY HAVE ARISING OUT OF OR RELATING TO THIS AGREEMENT OR THIS SITE MUST BE COMMENCED WITHIN ONE (1) YEAR AFTER THE CA– USE OF ACTION ACCRUES, OTHERWISE, SUCH CA– USE OF ACTION OR CLAIM IS PERMANENTLY BARRED.

Notices and Electronic Communications

All notices under this Agreement must be in writing and delivered to the other party by any of the following methods: (i) hand delivery, (ii) certified mail, return receipt requested, postage prepaid, (iii) overnight courier, or (iv) electronic mail. If You give notice to Us, You must use the following address: 1 Lovells Lane, Newtown, Connecticut, USA, 06470 and info@shantimissionamerica.org.  If We provide notice to You, We will use the contact information provided by You to Us. All notices will be deemed received as follows: (i) if by hand-delivery, on the date of delivery, (ii) if by delivery by mail, on the date of receipt appearing on a return receipt card, (iii) if by overnight courier, on the date receipt is confirmed by such courier service, or (iv) if by electronic mail, 24 hours after the message was sent, if no “system error” or other notice of non-delivery is generated. You agree that any notice that You receive from Us electronically satisfies any legal requirement that such communications be in writing.

Waiver and Severability

No waiver by Us of any term or condition set forth in this Agreement shall be deemed a further or continuing waiver of such term or condition or a waiver of any other term or condition, and any failure by Us to assert a right or provision under this Agreement shall not constitute a waiver of such right or provision.

If any provision of this Agreement is held by a court or other tribunal of competent jurisdiction to be invalid, illegal or unenforceable for any reason, such provision shall be eliminated or limited to the minimum extent such that the remaining provisions of this Agreement will continue in full force and effect.

 

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