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Terms of Use Updated Policy Effective: September 21, 2023
These terms of use (“Terms of Use”) set forth the legally binding terms and conditions governing your use of any website or online service (“Website”) owned or operated by the National Ayurvedic Medical Association or any of its affiliates (“NAMA”, “we”, “us”, or “our”), including, without limitation, ayurvedanama.org and namacb.org. By using the Website, you (“you” or “user”) agree to be legally bound by these Terms of Use, and you agree to the processing of your personal data in accordance with our Privacy Policy (“Privacy Policy"). IF YOU DO NOT AGREE TO ALL THE TERMS AND CONDITIONS OF OUR TERMS OF USE AND PRIVACY POLICY, IMMEDIATELY DISCONTINUE USE OF THE WEBSITE.
You are granted a personal, revocable, limited, non-exclusive and non-transferable, license to use the Website conditioned on your continued acceptance of, and compliance with, our Terms of Use. You may use the Website for your noncommercial personal use and for no other purpose. We reserve all rights not explicitly granted in these Terms of Use, including the right to bar, restrict or suspend your access to the Website, and to terminate this license, at any time and for any reason.
Unless otherwise expressly stated in these Terms of Use or you receive our prior written consent, you may not modify, translate, create derivative works from, copy, distribute, market, display, remove or alter any proprietary notices or labels from, lease, sell, sublicense, clone, transfer, decompile, reverse engineer, or incorporate into any information retrieval system (electronic or mechanical), the Website or any of its content (“Website Content”), or any portion thereof. Further, you may not, (a) use the Website or Website Content, or any portion thereof, for any unauthorized or illegal purpose or activity, including, without limitation, by obtaining or attempting to obtain unauthorized access to the Website or Website Content, (b) interfere with the proper working of the Website or Website Content, including, by transmission of any virus, worm, trap door, back door, timer, clock, Trojan horse, or other limiting routine, instruction or design, or (c) interfere with use or enjoyment of the Website or Website Content by any person or entity. Website Content includes, without limitation, (i) NAMA trademarks, service marks, logos, brands, and brand names, trade dress and trade names and other distinctive identification, (ii) information, data, materials, interfaces, computer code, databases, products, services, software applications and tools, text, images, photographs, audio and video material, and artwork, and (iii) the design, structure, selection, compilation, assembly, coordination, expression, functionalities, applications, look and feel, and arrangement of any content contained in or available through the Website.
We are committed to complying with the Children’s Online Privacy Protection Act (“COPPA”) and California Law concerning privacy rights for minors. Therefore, we restrict the Website to persons 18 years of age or older. If you are under the age of 18, you are not permitted to use the Website. If you are a parent or legal guardian of a minor child, you may, in compliance with these Terms of Use, use the Website on behalf of such minor child.
We respect the privacy of our users. Please refer to our Privacy Policy which explains how we collect, use, and disclose information that pertains to your privacy. When you access or use the Website, you signify your agreement to our Privacy Policy.
Certain features and areas of the Website are available only with registration or login. If you are required to register and select a unique login and password (“Personal Login Information”), you must keep your Personal Login Information confidential and take appropriate measures to maintain the confidentiality of such information. You may not allow any third party to use your Personal Login Information. We are not liable for any harm caused by or related to the theft, misappropriation, disclosure, or unauthorized use of your Personal Login Information. You must notify us immediately if you become aware of unauthorized use of your Personal Login Information, or you otherwise wish to deactivate your Personal Login Information due to security concerns.
You agree to abide by all applicable local, state, national, and international laws and regulations with respect to your use of the Website and Website Content, and not to interfere with the use and enjoyment of the Website or Website Content by other users or with our operation and management of the Website and Website Content. You will, at all time, provide true, accurate, current, authorized, and complete information when submitting information or materials on or through the Website, including, without limitation, information required to be provided through any of our registration forms. If any false, inaccurate, untrue, unauthorized, or incomplete, information is submitted by you, we reserve the right to terminate your access and use of the Website. You warrant that you will not impersonate any other person or entity, whether actual or fictitious, when using the Website, or defame or otherwise harm any party, including us, through your use of the Website.
You are solely responsible for all information, data, text and other materials or content that you post on or through the Website (“User Content”), including, without limitation, comments or posts that you submit on associated forums, blogs, or third-party websites. We are not responsible or liable for User Content. You agree that by submitting User Content, you hereby grant us a perpetual, non-exclusive, fully paid and royalty-free, transferable, sub-licensable and worldwide, license to use, download, duplicate, display, distribute, modify, and create derivative works based on, any or all of your User Content, subject to our Privacy Policy. We reserve the right to remove or take any other action we deem necessary or appropriate, in our sole discretion, with regard to User Content, including, without limitation, if we believe the User Content violates these Terms of Use, infringes any intellectual property right or other right of any person or entity, threatens the personal safety of any Website user or member of the public, or may create liability for us.
All rights, title, and interest in and to the Website and Website Content, and all intellectual property rights of any kind, including all copyright, trademark, patent, and other proprietary rights therein, will remain with us or our licensors, as appropriate, and is protected by law including, without limitation, United States copyright, trade secret, patent and trademark law, and state, national and international laws, treaties and regulations. The reproduction, transmission, distribution, sale, publication, broadcast, circulation, or dissemination, of any Website Content by you, directly or through any other person or entity, is prohibited unless express written consent is separately obtained from us or the owner of such content if we are not the owner. You may not alter, delete, obscure, or conceal, any copyright or other notice appearing on the Website or Website Content, including, without limitation, any such notice appearing in Website Content you are permitted to download, transmit, display, print, or reproduce from the Website.
The Website is intended for informational purposes only, and is not intended to, and does not, provide legal, financial, medical or consulting advice. Do not disregard, avoid, or delay obtaining such advice because of any content provided on the Website.
The Website may provide you with convenient links to third-party websites, platforms, services, and applications (“Third-Party Sites”), as well as content and items belonging to or originating from third parties (“Third-Party Content”). These links are provided for your convenience, and you are solely responsible for your dealings with Third-Party Sites and Third-Party Content. We do not endorse and are not responsible for Third-Party Sites or Third-Party Content, nor do we make any representations about the content, accuracy, or accessibility of material on any Third-Party Site. If you decide to leave the Website and access any Third-Party Site or use or install any Third-Party Content, you do so at your own risk and such access and use will be governed by the applicable terms and policies of the third party. You should review the applicable third-party terms and policies, including, without limitation, privacy and data gathering practices, of any site to which you navigate from the Website.
Absent our express written consent, third-party links to the Website or Website Content may not include our trademark or logo or suggest that we promote or otherwise endorse any third-party product, business relationships, service, cause, campaign, website, content, or information. Any link to the Website or any Website Content shall be the responsibility of the linking party. We reserve the right to require any linking party to disable and/or remove any link that violates these Terms of Service, or any of our policies or rights, or causes interruption or deterioration of the Website or Website Content.
You, (a) consent to receive electronic communications from us via each email address and phone number you submit to us, and (b) agree that each communication satisfies any legal requirement that such communication would satisfy if it were in writing. The foregoing does not affect your non-waivable rights. We may also use you email addresses and phone numbers to send you other messages, including, without limitation, event notices and other information about us or third parties. You may opt out of such messages by changing your account settings or sending an opt-out request to [email protected]. Opting out may prevent you from receiving messages from us, including, without limitation, messages regarding our special events and offers. Communications made by you through our e-mail and messaging systems shall not constitute legal notice to us, or any of our officers, employees, agents, or representatives, in any situation where notice to us is required to be in writing, for example, by contract, or any law or regulation.
THE WEBSITE IS PROVIDED “AS IS” AND “AS AVAILABLE”. TO THE FULLEST EXTENT ALLOWABLE BY APPLICABLE LAW, WE EXPRESSLY DISCLAIM ALL REPRESENTATIONS AND WARRANTIES OF ANY KIND, EXPRESS OR IMPLIED, INCLUDING, WITHOUT LIMITATION, WARRANTIES OF RELIABILITY, USEFULNESS, MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, AND NONINFRINGEMENT. FOR EXAMPLE, WE MAKE NO REPRESENTATION OR WARRANTY ABOUT THE AVAILABILITY, QUALITY, RELIABILITY, SUITABILITY, TIMELINESS, TRUTH, ACCURACY OR COMPLETENESS OF THE WEBSITE OR WEBSITE CONTENT.
TO THE FULLEST EXTENT ALLOWABLE BY APPLICABLE LAW, WE WILL NOT BE LIABLE TO YOU OR ANY THIRD PARTY, REGARDLESS OF THE CAUSE OF ACTION, FOR ANY DIRECT, INDIRECT, CONSEQUENTIAL, PUNITIVE, SPECIAL, OR INCIDENTAL DAMAGES, INCLUDING, WITHOUT LIMITATION, DAMAGES FOR LOST BUSINESS, LOST DATA, ANTICIPATED SAVINGS, OR BUSINESS INTERRUPTION, EVEN IF WE WERE ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. FOR EXAMPLE, WE WILL NOT BE LIABLE FOR DAMAGES ARISING FROM, (A) YOUR USE OF OR INABILITY TO USE THE WEBSITE OR ANY THIRD-PARTY SITE, OR ANY RELATED SERVICE OR CONTENT, (B) THE USE, DISCLOSURE, OR DISPLAY OF YOUR USER CONTENT, (C) OMISSIONS, TYPOGRAPHICAL ERRORS, OR OUT-OF-DATE INFORMATION WHICH MAY APPEAR ON THE WEBSITE, OR (D) ANY OTHER INTERACTION WITH US OR ANY OTHER USER OF THE WEBSITE. YOUR ACCESS TO AND USE OF THE WEBSITE AND WEBSITE CONTENT ARE AT YOUR OWN RISK, AND YOU ARE SOLELY RESPONSIBLE FOR ANY DAMAGES RESULTING THEREFROM. TO THE FULLEST EXTENT ALLOWABLE BY APPLICABLE LAW, AND NOTWITHSTANDING ANYTHING TO THE CONTRARY CONTAINED HEREIN, OUR LIABILITY TO YOU OR ANY THIRD PARTY, REGARDLESS OF THE CAUSE OF ACTION, WILL BE LIMITED TO THE GREATER OF (i) TWO HUNDRED ($200) OR (ii) THE FEES (IF ANY) YOU PAID TO US TO USE THE WEBSITE DURING THE 12 MONTHS PRIOR TO THE DISPUTE. THE EXISTENCE OF MORE THAN ONE CLAIM WILL NOT ENLARGE THIS LIMIT.
These Terms of Use and the additional terms, policies, rules, and guidelines posted on the Website, shall be governed by, interpreted under, and construed and enforced in accordance with the laws of the State of California, without giving effect to any conflicts of law principles. You hereby consent to the exclusive jurisdiction and venue of the state and federal courts located in Los Angeles County, California.
To the maximum extent allowable by law, you agree that any claim or cause of action related to or arising out of your use of the Website or Website Content must commence within one year after the cause of action accrues. Otherwise, such cause of action is permanently barred.
We may change these Terms of Use at any time and for any reason, at our sole discretion. When we do, we will publish the updated document on the Website. The date of the update will be included at the top of the document. It is your responsibility, each time you access the Website, to check our Terms of Use for changes. When you access and use the Website, you will be subject to the terms and conditions of the Terms of Use then in effect. Your continued use of the Website following the posting of changes will mean that you accept and agree to the changes. If you do not agree to the changes, you must immediately discontinue use of the Website.
The titles and headings in these Terms of Use are for convenience and ease of reference only and shall not be utilized in any way to construe or interpret the agreement of the parties as otherwise set forth herein. If a court of competent jurisdiction holds any provision (or portion of a provision) of these Terms of Use to be illegal, invalid, or otherwise unenforceable, the remaining provisions (or portions of provisions) of these Terms of Use shall not be affected thereby and shall be found to be valid and enforceable to the fullest extent permitted by law.
We may assign or delegate these Terms of Use, in whole or in part, to any person or entity at any time with and without your consent. You may not assign or delegate any rights or obligations under these Terms of Use or our Privacy Policy without our prior written consent, and any unauthorized assignment or delegation by you is void.
Certain features of the Website may be subject to additional terms, policies, rules, and guidelines, which will be posted on the Website in connection with such features. To the extent such terms, policies, rules, or guidelines conflict with these Terms of Use, these Terms of Use shall govern. These Terms of Use and the supplemental terms, policies, rules, and guidelines posted on the Website constitute the entire agreement between you and us with regard to your access and use of the Website and supersede all previous written and oral agreements on the same subject matter.
If you have any questions about these Terms of Use, the Privacy Policy, or the Website, please contact us at [email protected].
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