Website, Discussion Board, and Teleconferencing
A. In General
The Power of Your Awareness© (“TPOYA”) website, webinar, discussion board, and Teleconferencing were developed in the interest of offering services and advice designed to aid those seeking personal growth, peace of mind, and happiness. As the material addressed is subjective, and because individuals approach this material from different perspectives and at different points in their development, results the services may vary and TPOYA cannot guarantee any particular result from the utilization of this material. This being said, the services offered by TPOYA are meant as a guide and are NOT to be used in the place of any health professional.
By using this website, teleconferencing, individual sessions, discussion board, or any other services available through this site (collectively referred to as “this website” in the remainder of this document), you agree to be legally bound by the terms and conditions here set forth.
In addition to the terms set forth with particularity below, you agree:
- That you will not use this website in any way which would violate any local, state, federal, or international laws;
- Not to impersonate another person or engage in any other conduct which restricts or inhibits others from enjoying the service;
- To cooperate fully with law enforcement in any investigation of unlawful, fraudulent, or improper activity;
- That www.thepowerofyourawareness.com does not assume any liability or responsibility for the content of material posted by its users and that you are solely responsible for communications you create and post in the course of using this website and any consequences resulting from such use;
- That, with the exception of certain encrypted transmissions such as credit card payments, neither this website nor any website is completely private or secure and that nothing other than certain encrypted material you transmit through this website is confidential; and
- That all communication should be anonymous and that you will not divulge any more personal information than is necessary when using the website, teleconferencing, or on the Discussion Board.
- On-line Services and Disclaimer of Warranty: The www.thepowerofyourawareness.com web site provides on-line resources including, but not limited to, on-line information regarding self-awareness, personal growth, and discussions and guidance regarding the same. Any new services, resources or informational content added to the web site shall be subject to the conditions of the terms of service agreement. The on-line resources, informational content, and software on this web site are provided "AS IS.” ALL WARRANTIES, EXPRESS OR IMPLIED, ARE DISCLAIMED, INCLUDING, BUT NOT LIMITED TO, ANY IMPLIED WARRANTIES OF MERCHANTABILITY, MERCHANTABILITY OF ANY COMPUTER PROGRAM OR SOFTWARE, FITNESS FOR A PARTICULAR PURPOSE, ACCURACY OF INFORMATIONAL CONTENT, SYSTEM INTEGRATION, OR NONINFRINGEMENT. Samrudi, Inc. and TPOYA assume no responsibility for any data loss or other loss suffered by any User of this web site. User is fully responsible for maintaining its computer equipment and Internet access to use the www.thepowerofyourawareness.com web site.
- User account. Users will select a user name and password upon completing the registration process. Users are fully responsible for maintaining the confidentiality of their username and password. User agrees to immediately notify TPOYA at Support should User know; or have reasonable grounds to suspect, that the username and password have been compromised. TPOYA shall not be responsible for User's failure to abide by this Paragraph.
- Informational content supplied by Users. User understands that all information, computer files, software, graphics, sound files, and text, whether publicly displayed by User on the TPOYA web site or privately transmitted through the TPOYA web site, are the responsibility of the User from which such informational content has originated. User is fully responsible for any and all informational content that user uploads, posts, e-mails, or transmits using the TPOYA web site. TPOYA does not and cannot control the informational content Users transmit through the TPOYA web site. Under no circumstances shall TPOYA be held liable for User's exposure to informational content that User deems offensive, indecent or objectionable. Under no circumstances shall TPOYA be held liable for any errors or omissions in any informational content transmitted by Users.
- User conduct. User agrees to not use the TPOYA web site to:
(a) upload, post, or transmit any informational content that is unlawful, threatens another person or entity; is defamatory, vulgar, obscene, libelous, invades the privacy of another, or is otherwise objectionable;
(b) intentionally harm others;
(c) collect personal information on, "cyber stalk" or harass another User, or engage in conduct that negatively affects the on-line experience of another User,
(d) impersonate another User, person, or entity, including any official or employee of TPOYA;
(e) intentionally or unintentionally violate any local, state, or federal law, including violations of the Copyright Act;
(f) upload, post, or transmit any software or files that contain software viruses or other harmful computer code;
(g) interfere with the operation of TPOYA's web servers or other computers or Internet or network connections;
(h) upload, post, or transmit any informational content that is the copyrighted, patented or trademarked intellectual property of another or the trade secret of or confidential information of another;
(i) upload, post or transmit and unsolicited or unauthorized advertising, including "spam" or “junk mail";
TPOYA does not pre-screen uploaded, posted or transmitted content, but TPOYA reserves the right to inspect, edit, and delete any content that TPOYA knows, or has reason to know, has violated this terms of service agreement. TPOYA reserves the right to immediately, and without notice, terminate the account of any User found to have violated the provisions of this Agreement. TPOYA may disclose any informational content Users post, upload or transmit to the TPOYA web site, if such disclosure is necessary to enforce this Agreement, to respond to claims of intellectual property infringement, to comply with legal process, or to protect the rights of TPOYA, the public, or other Users.
- Indemnity. You agree to indemnify and hold TPOYA, and its subsidiaries, affiliates, officers, agents, co-branders or other partners, and employees, harmless from any claim or demand, including reasonable attorneys' fees, made by any third party due to or arising out of content you submit, post, transmit or make available through the Service, your use of the Service, your connection to the Service, your violation of this Agreement, or your violation of any rights of another.
- No resale. User agrees not to reproduce, copy, duplicate, or sell any portion of the TPOYA web site.
- Limits and modifications. TPOYA may establish without notice, limits on the use of its web site, including the maximum number of times Uses may post to or participate in the on-line communities, or to the number of times Users may access the TPOYA web site. TPOYA reserves the right to modify any and all portions of the TPOYA web site without notice. Under no circumstances shall TPOYA be liable to User or any other party for such limits or modifications.
- Termination of User account. TPOYA may, at its sole discretion, terminate the User's account for any reason. Under no circumstances shall TPOYA be liable to User or any other party for such termination of User's account.
- Third party advertisers. TPOYA may allow third party advertisers to advertise on the TPOYA web site. TPOYA takes no responsibility for User's dealings with, including any on-line or other purchases from, any third party advertisers. TPOYA shall not be liable for any loss or damage incurred by User in its dealings with third party advertisers.
- TPOYA's intellectual property rights. User agrees not to distribute, license, or create derivative works from any of TPOYA's copyrighted or trademarked material, including graphic files and software, available on the TPOYA web site.
- No warranties. THE INFORMATION AND DOWNLOADABLE SOFTWARE PROVIDED ON THIS WEB SITE IS PROVIDED "AS IS" AND ALL WARRANTIES, EXPRESS OR IMPLIED, ARE DISCLAIMED, INCLUDING, BUT NOT LIMITED TO, ANY IMPLIED WARRANTIES OF MERCHANT ABILITY, MERCHANTABILITY OF ANY COMPUTER PROGRAM OR SOFTWARE, FITNESS FOR A PARTICULAR PURPOSE, ACCURACY OF INFORMATIONAL CONTENT, OR SYSTEM INTEGRATION, OR NONINFRINGEMENT
- Limitation of liability. TPOYA’s MAXIMUM LIABILITY FOR ANY INACCURATE INFORMATION OR SOFTWARE AND YOUR SOLE AND EXCLUSIVE REMEDY FOR ANY CAUSE WHATSOEVER, SHALL BE LIMITED TO THE AMOUNT PAID BY YOU FOR THE INFORMATION RECEIVED (IF ANY). TPOYA IS NOT LIABLE FOR ANY INDIRECT, SPECIAL, INCIDENTAL, LOSS OF BUSINESS, LOSS OF PROFITS OR CONSEQUENTIAL DAMAGES, WHETTIER BASED ON BREACH OF CONTRACT, BREACH OF WARRANTY, TORT, NEGLIGENCE, PRODUCT LIABILITY OR OTHERWISE, EVEN IF ADVISED OF THE POSSIBILITY OF SUCH DAMAGE. SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OF CERTAIN WARRANTIES OR THE LIMITATION OR EXCLUSION OF LIABILITY FOR INCIDENTAL OR CONSEQUENTIAL DAMAGES. ACCORDINGLY, SOME OF THE LIMITATIONS OF THIS PARAGRAPH MAY NOT APPLY TO YOU.
- Notice. Notices may be posted to the TPOYA web site or e-mailed to Users using the e-mail address Users submitted during the registration process.
- General. This Agreement constitutes the entire agreement between you
and TPOYA and governs your use of the TPOYA web site. This Agreement shall be governed by the laws of the State of Ohio and User agrees to submit to the personal and exclusive jurisdiction of the courts located within the county of Geauga in the State of Ohio. The failure of
TPOYA to exercise or enforce any right or provision of this Agreement shall not
constitute a waiver of such right or provision. If any provision of this Agreement is found by a court of competent jurisdiction to be invalid, the parties nevertheless agree that the court should endeavor to give effect to the parties' intentions as reflected in the provision, and the other provisions of this Agreement remain in full force and effect. Any claim arising under the terms of this Agreement must be brought within one (1) year after such claim or cause of action arose or be forever barred.
- Revisions to this Agreement. TPOYA reserves the right to revise, amend, or modify this Agreement and our other policies and agreements at any time and in any manner. Any modifications are effective upon posting. By using the Services, you are agreeing to comply with the most recent version of such agreements and it is the responsibility of the User to review the Agreement from time to time.
C. Specific Acts Prohibited
The following uses of the TPOYA services and website are prohibited:
- Transmitting any material that, intentionally or unintentionally, violates any applicable local, state, national or international law, or any rules or regulations.
- Harming, or attempting to harm, minors in any way.
- Transmitting any material that threatens or encourages bodily harm or destruction of property or harasses another.
- Disseminating or posting harmful content including, without limitation, viruses, Trojan horses, worms, time bombs, zombies, “cancelbots” or any other computer programming routines that may damage, interfere with, secretly intercept or seize any system, program, data or personal information.
- Posting any material of a commercial nature or which is a solicitation, the nature of which is commercial.
- Making offers to sell or buy products, items, or services or to advance any type of financial arrangement such as "pyramid schemes," "Ponzi schemes," and "chain letters."
- Forging of any TCP-IP packet header, e-mail header or any part of a message header. This prohibition does not include the use of aliases or anonymous remailers.
- Transmitting any unsolicited commercial email or unsolicited bulk email. Activities that have the effect of facilitating unsolicited commercial email or unsolicited bulk email, whether or not that email is commercial, are prohibited.
- Accessing, or attempting to access, the accounts of others, or to penetrate, or attempt to penetrate, security measures of TPOYA's or another entity's computer software or hardware, electronic communications system, or telecommunications system, whether or not the intrusion results in the corruption or loss of data.
- Infringement of intellectual property rights or other proprietary rights including, but not limited to, material protected by copyright, trademark, patent, trade secret, or other proprietary rights of any third party.
- Collecting, or attempting to collect, personal information about third parties without their knowledge or consent.
- Reselling the Services without TPOYA's authorization.
- Posting or sending software or technical information in violation of U.S. export laws.
- Engaging in any activity that adversely affects the ability of other people or systems to use TPOYA Services or the Internet. This includes "denial of service" attacks against another network host or individual user. Interference with or disruption of other network users, network services or network equipment, whether intentional or unintentional, is prohibited.
- Using a personal account for high volume or commercial use. Users may stay connected so long as they are actively using the connection for email, newsgroups, file transfers, Internet chat, games, and browsing the World Wide Web. TPOYA maintains the right to terminate any user's connection following any extended period of inactivity as determined by TPOYA. Pinging is expressly prohibited.
D. Termination of Participant Use of Web Site; Remedies
- TPOYA, at its own discretion, may terminate the User’s account if the author believes that any Terms and Conditions of the site are violated. thepowerofyourawareness.com web site will also make every effort to remove material or postings on the web site that are in violation of the Terms and Conditions. Users who violate the Terms and Conditions of site may have their account terminated or receive a warning from the web site stating that the User has committed a violation and that further violations may result in the termination of the User’s account.
- TPOYA may take any one or more of the following actions in response to complaints:
issue warnings: written or verbal suspend the user's newsgroup posting privileges suspend the user's account terminate the user's account bill the user for administrative costs and/or reactivation charges; bring legal action to enjoin violations and/or to collect damages, if any, caused by violations.
2. PURCHASING THE WEBINAR AND OTHER SERVICES
A. 13 Hour Webinar
You have the option to purchase all nine sessions of the 13 hour webinar for $279.00 or buying one session at a time for $39.95.
Once you sign up for the webinar, regardless of whether you have purchased all nine sessions or have decided to buy one at a time, you are entitled to view each session as many times as you wish for a period of 30 days. When you initiate the next session, it will not effect the 30 day subscription of any previous session(s) and each 30 day subscription you initiate will not effect the 30 day subscription of any other session. Thus, you can have multiple sessions active with different expiration dates.
Described below are two scenarios of the subscription process.
First example: If you sign up for session number one on June 24 at 5:00pm, your unlimited access to it will expire on July 24 at 5:00 p.m. Should you initiate a new session on July 19 at 8:22 a.m. (session number two) within same 30 day period in which you have access to session number one, the “new” session is good for 30 days, this being August 18 at 8:22 a.m. In the meantime, you would still have access to session number one until July 24 at 5:00 p.m. In this scenario, you would have access to both sessions one and two between July 19 and July 24.
Second example: If you initiate your second session within the 30 day period of the first session, this will not effect the 30 day subscription period of session number one. If you then choose to initiate your third session within the same 30 day period of signing up for sessions one and two, you would then have access to viewing all three session simultaneously.
If at any time while viewing the seminar you wish exit the presentation and resume it at a later time, you may stop the session at any time. To resume the session, simply log in for that specific session and, once the video has completed its download, move the “time indicator” cursor to the time at which you exited the session. When you sign on for a session, an expiration date for that session will be visible in the lower left hand corner of the session every time you view the presentation.
Please note that, due to the nature of this material, it is not recommended that you start two sessions at the same time. It may, however, be helpful to have access to a prior session while learning the next session. Although the rate at which you progress is entirely up to you, it is recommended that you give yourself the opportunity to integrate the material of the first session for a period of time before beginning the next session.
B. Discussion Board
A Discussion Board is available to anyone currently participating in a session of the webinar or who has completed the entire webinar. This is a free service which can be accessed from the home page under “Sign In,” by clicking “Discussion Board.” Access to the Discussion Board is limited to active participants (those who are currently enrolled in a session) and those who are graduates of The Power of Your Awareness webinar. If you have purchased an individual session, once your monthly subscription lapses, you will have access to the Discussion Board for an additional 30 days from the date your subscription ends. To renew your access to the Discussion Board, you must sign up for an additional session or purchase the remaining sessions of the webinar.
When using the Discussion Board, please bear in mind:
• All communication should be anonymous. Remember that no material that you transmit on the website will be confidential as to its content. While your name will not be known, remember that everyone who signs up for this webinar will have access to all of your comments and questions, even though you will remain anonymous in your posting.
• Do not divulge any personal information that could identify you to anyone else using the web site.
• Please make an attempt at keeping your comments and questions succinct. While it is not always possible to do this, your effort to keep your comments and questions specific and focused will promote a focused and specific response.
Participants who have completed the entire seminar are entitled to purchase a teleconferencing package which includes four sessions for $180. Teleconferencing is limited in its availability and each group is limited to six people.
We regret that, due to the nature of the services offered and because the processing of a payment allows immediate access to the service purchased, there are no refunds or exchanges for The Power of Your Awareness Seminar, Teleconferences, or Individual Sessions once payment has been completed.
Please note that pricing of the webinar and teleconferencing are subject to change without notice.
While it is the intention of the owner of this website to have the website available at all times, due to circumstances beyond the owner’s control, the owner cannot guarantee continuous, uninterrupted access to the website www.thepowerofyourawareness.com or other related services. Should an interruption occur, every effort will be made to restore service as soon as possible.
- The Power of Your Awareness© (“TPOYA”) takes your privacy seriously and will do everything we reasonably can to protect your privacy. Toward this end, TPOYA takes precautions – including administrative, technical, and physical measures – to safeguard your personal information against loss, theft, and misuse, as well as unauthorized access, disclosure, alteration, and destruction.
- The monthly TPOYA email newsletter requires you to provide contact information, such as your name and email address. This information is used to contact you, when necessary, about various offers being initiated by this site. This site does contain links to other sites. TPOYA is not responsible for the privacy practices of other Web sites.
- TPOYA will NOT share or disclose your personal information to any third parties unless directed by you to do so or when required to respond to court orders, subpoenas or other legal process.
- This site requires you to provide personal and financial information in order to provide you with various products or services and process payments for these products and services. This information may be used to send you information about products that are being offered. If necessary, the information you provide will also be used to contact you regarding an order you have placed with the web site. Furthermore, TPOYA may use this personal information to fulfill requests for our services or products, to contact users regarding changes to our site or our business, and to customize the content that you might see on the TPOYA web site. TPOYA may also use "cookie" files to better serve your needs by creating a customized web site which fits your needs.
- All user accounts must be accessed with usernames and passwords. You are advised not to share your username and password with any other person.
- TPOYA reserves the right to amend this policy at any time. TPOYA will contact registered users by e-mail, and shall also post a notice of changes on its web site when and if the terms of this policy are amended.
TPOYA may access, use and disclose information regarding your use of the Services to: (1) comply with the law; (2) enforce or apply our subscriber agreements; (3) initiate, render, bill, and collect for services; (4) protect our rights or property and those of our customers; or (5) protect users of those services and other carriers from fraudulent, abusive, or unlawful use of, or subscription to, such services.
4. GENERAL DISCLAIMER AND LIMITATION OF LIABILITY
A. Content of this Website
The material presented by the owner of this website and which originates from The Power of Your Awareness website reflects the personal experiences of the author and the experiences of many individuals with whom he has worked. The website presentation and material are not to be interpreted as an independent guide for self-healing. The information provided is intended to complement, not replace, the advice of your own physician or other health care professionals, with whom you should consult regarding your individual needs, any symptoms that may require diagnosis or medical attention, and the starting or stopping of any medication or course of treatment, exercise, or diet.
THE IDEAS, PROCEDURES AND SUGGESTIONS CONTAINED IN THIS PRESENTATION ARE NOT INTENDED AS A SUBSTITUTE FOR CONSULTING WITH YOUR PHYSICIAN OR HEALTH CARE PROFESSIONAL. THE AUTHOR IS NOT ATTEMPTING TO OFFER PROFESSIONAL ADVICE OR SERVICES TO THE PARTICIPANT AND IS NOT RESPONSIBLE FOR YOUR SPECIFIC PHYSICAL, EMOTIONAL, MENTAL, OR SPIRITUAL HEALTH NEEDS THAT MAY REQUIRE MEDICAL ATTENTION AND/OR SUPERVISION.
IF FOR ANY REASON YOU FEEL THAT YOU MAY BE A DANGER TO YOURSELF OR TO OTHERS, PLEASE CALL 911 IMMEDIATELY.
Under no circumstances shall Samrudhi, Inc. be liable for any damages that result from the use of the information obtained from the www.thepowerofyourawareness.com website and shared with a third party.
Under no circumstances shall Samrudhi, Inc. be liable for any damages resulting from the use of or inability to access the website resulting from user error, internet service interruptions, deletion of files or email, errors, defects, viruses, delays in operation or transmission, or any failure of performance, communications failure, theft, destruction, or unauthorized access to thepowerofyourawareness.com records, programs, or services. The user hereby acknowledges that this entire web site disclaimer shall apply to all content, merchandise, and services available through www.thepowerofyourawareness.com web site.
This web site is not liable for the conduct of other Users or third parties, and the risk of injury from the foregoing rests entirely with User.
Due to the nature of the TPOYA material, results obtained by utilizing the material will vary; TPOYA cannot guarantee that any certain outcome from utilizing information provided by TPOYA.
THE INFORMATION PROVIDED ON THIS WEB SITE IS PROVIDED "AS IS" AND ALL WARRANTIES, EXPRESS OR IMPLIED, ARE DISCLAIMED, INCLUDING, BUT NOT LIMITED TO, ANY IMPLIED WARRANTIES OF MERCHANTABILITY, MERCHANTABILITY OF ANY COMPUTER PROGRAM OR SOFTWARE, FITNESS FOR A PARTICULAR PURPOSE, ACCURACY OF INFORMATIONAL CONTENT, OR SYSTEM INTEGRATION, OR NONINFRINGEMENT. SAMRUDHI, INC.'S MAXIMUM LIABILITY FOR ANY INACCURATE INFORMATION OR SOFTWARE AND YOUR SOLE AND EXCLUSIVE REMEDY FOR ANY CAUSE WHATSOEVER SHALL BE LIMITED TO THE AMOUNT PAID BY YOU FOR THE INFORMATION RECEIVED (IF ANY). SAMRUDHI. INC. IS NOT LIABLE FOR ANY INDIRECT, SPECIAL, INCIDENTAL, LOSS OF BUSINESS, LOSS OF PROFITS OR CONSEQUENTIAL DAMAGES, WHETHER BASED ON BREACH OF CONTRACT, BREACH OF WARRANTY, TORT, NEGLIGENCE, PRODUCT LIABILITY OR OTHERWISE, EVEN IF ADVISED OF THE POSSIBILITY OF SUCH DAMAGE.
B. Link/Hyperlink Policy and Disclaimer
The www.powerofyourawareness.com website contains hyperlinks to other Internet sites not under the editorial control of Samrudhi, Inc. These hyperlinks are not express or implied endorsements or approvals by Samrudhi, Inc. of any products, services or information available from these sites, nor can Samrudhi, Inc. be held responsible for the content of such links.
Users of the web site, thepowerofyourawareness.com, acknowledge that this site possesses material protected by copyright, trademark and propriety laws and protected by U.S. copyright laws. Users may not reproduce or transmit in any form (i.e., they may not reproduce/transmit – e.g. “any information”), by any means, electronic or mechanical, including photocopying, recording, or any information storage or retrieval system now known or to be invented, without permission in writing of the author, unless explicitly stated by the author in the seminar.
6. REMOVAL FROM MAILING LIST
You may request that you be removed from our mailing list simply by sending an email to Support
Copyright ® 2009 by Samrudhi, Inc.
All text, graphics, audio files, Java applets and scripts, downloadable software, and other works on this web site are the copyrighted works of Samrudhi, Inc. Any unauthorized redistribution or reproduction of any copyrighted materials on this web site is strictly prohibited.
The following are the protected Trademarks of Samrudhi, Inc.: “The Power of Your Awareness,” and “thepowerofyourawareness.com”; all rights reserved.