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Terms of Service

TERMS OF SERVICE

These Terms of Service apply to Organic Ayurveda, Inc. (“Organic Ayurveda”, “we”, “us”, or “our”) and constitute a legally binding agreement (this “Agreement”) between you and Organic Ayurveda and govern your use of the websites, applications, and other offerings from Organic Ayurveda (collectively, the “Organic Ayurveda Platform”). By entering into this Agreement, and/or by using or accessing the Organic Ayurveda Platform you expressly acknowledge that you understand this Agreement and accept all its terms, including our Privacy Policy. If you do not agree to be bound by the terms and conditions of this Agreement or the Privacy Policy, you may not use or access the Organic Ayurveda Platform. The Organic Ayurveda Platform is offered and available to users who are eighteen (18) years of age or older, reside in the United States or any of its territories or possessions, intend to use the Organic Ayurveda Platform for lawful business purposes only, and meet other eligibility requirements as specified further in this Agreement. By using the Organic Ayurveda Platform, you represent and warrant that you are of legal age to contract with Organic Ayurveda and meet all eligibility requirements specified in this Agreement. If you do not meet the specified requirements, you must not access or use the Organic Ayurveda Platform.

  1. The Organic Ayurveda Platform

The mission of the Organic Ayurveda Platform is to provide knowledge about Ayurveda. To employ the Organic Ayurveda Platform you will create a user account. Throughout this Agreement users will be referred to as “Users”, “you”, “your”, or “yourself”.

  1. Changes to this Agreement

We may revise and update the terms of this Agreement from time to time in our sole discretion. All changes are effective immediately when we post them and apply to all access to and use of the Organic Ayurveda Platform thereafter. Your continued use of the Organic Ayurveda Platform following the posting of revised Terms of Service means that you accept and agree to the changes.

  1. Limited License Grant

Subject to the terms of this Agreement, Organic Ayurveda grants you a limited, non-exclusive, and nontransferable license to:

(a) download, install, and use the Organic Ayurveda Platform for your use on a mobile device (in the case of using a mobile app) or personal computer (in the case of using a web app) owned or otherwise controlled by you (“Your Device“) strictly in accordance with our documentation; and (b) access, stream, download, and use on Your Device the content and services made available in or otherwise accessible through the Organic Ayurveda Platform, strictly in accordance with this Agreement.

  1. Reservation of Rights

You acknowledge and agree that the Organic Ayurveda Platform is provided under license, and not sold, to you. You do not acquire any ownership interest in the Organic Ayurveda Platform under this Agreement, or any other rights thereto other than to use the Organic Ayurveda Platform in accordance with the license granted, and subject to all terms, conditions, and restrictions, under this Agreement. Organic Ayurveda and its licensors and service providers reserve and shall retain their entire right, title, and interest in and to the Organic Ayurveda Platform, including all copyrights, trademarks, and other intellectual property rights therein or relating thereto, except as expressly granted to you in this Agreement.

  1. Eligibility, Access, and Security

By using the Organic Ayurveda Platform, you represent and warrant that you are of legal age and capacity to contract with Organic Ayurveda under applicable law and meet all eligibility requirements specified in this Agreement. If you do not meet the specified requirements, you must not access nor use the Organic Ayurveda Platform.

We reserve the right to withdraw or amend the Organic Ayurveda Platform, and any service or material that we provide through the Organic Ayurveda Platform, in our sole discretion without notice. We will not be liable if for any reason all or any part of the Organic Ayurveda Platform is unavailable at any time or for any period. From time to time, we may restrict access to some or all parts of the Organic Ayurveda Platform to Users.

To access the Organic Ayurveda Platform, you may be asked to provide certain registration details or other information. It is a condition of your use of the Organic Ayurveda Platform that all the information that you provide through the Organic Ayurveda Platform is correct, current, and complete. You agree that all information you provide through the Organic Ayurveda Platform is governed by our Privacy Policy , and you consent to all actions that we take with respect to your information consistent with our Privacy Policy.

If you choose, or are provided with, a User name, password, or any other piece of information as part of our security procedures, you must treat such information as confidential, and you must not disclose it to any other person or entity. You also acknowledge that your Organic Ayurveda account is personal to you and agree not to provide any other person with access to the Organic Ayurveda Platform using your User name, password, or other security information. You agree to notify us immediately of any unauthorized access to or use of your User name or password or any other breach of security.

We have the right to deactivate any User name, password, or other identifier, whether chosen by you or provided by us, at any time in our sole discretion for any or no reason, including if, in our opinion, you have violated any provisions of this Agreement. If Organic Ayurveda deactivates your User account for any reason, you are not permitted to establish a new User account during such period of deactivation.

  1. Payment, Refund and Shipping Policies

Payment Terms

Within the context of your use of the Organic Ayurveda Platform, Organic Ayurveda will communicate to you the terms of payment and you agree that such terms are hereby incorporated into this Agreement as if fully stated herein. All prices that we publish or otherwise communicate to you are denominated in United States dollars unless we state differently.

No Refunds

As Customer, you acknowledge and agree that payments made to Organic Ayurveda for the services provided pursuant to this Agreement are non-refundable. If you are unsatisfied with Organic Ayurveda’s services, please contact us immediately at support@organicayurveda.com so that we can work to seek a positive resolution.

Payment Processors

We use third party payment processors (the “Payment Processors”) to bill you through a payment account linked to your Account. The processing of payments will be subject to the terms, conditions and privacy policies of the Payment Processor, in addition to this Agreement. Our current Payment Processors are Stripe and Paypal, and your payments are processed by them in accordance with their Terms of Service and Privacy Policies. We don’t control and are not liable for the security or performance Payment Processors. You agree to pay us, through the Payment

Processors, all charges at the prices then in effect for any purchase in accordance with the applicable payment terms. You agree to make payment using the payment method you provide with your Account. We reserve the right to correct, or to instruct our Payment Processors to correct, any errors or mistakes.

Shipping Limitations

When you place an order for any product(s), we will ship the product(s) to the address designated by you. Risk of loss and title for the product(s) pass to you upon delivery of the product(s) to the carrier. You are responsible for filing any claims with carriers for damaged or lost shipments.

  1. Intellectual Property Rights

All contents, features, and functionality of the Organic Ayurveda Platform (including but not limited to all information, software, text, displays, images, video, and audio, and the design, selection, and arrangement thereof) are owned by Organic Ayurveda, its licensors, or other providers of such material and are protected by United States and international copyright, trademark, patent, trade secret, and other intellectual property or proprietary rights laws. If you wish to make any use of material in the Organic Ayurveda Platform other than that set out in this Agreement, please address your request to: support@organicayurveda.com Any use of the Organic Ayurveda Platform not expressly permitted by this Agreement is a breach of this Agreement and may violate copyright, trademark, and other laws.

  1. Trademarks

Organic Ayurveda, the Organic Ayurveda logo, Sutraveda, and all related names, logos, product and service names, designs, badges, and slogans are trademarks of Organic Ayurveda or its affiliates or licensors (the “Organic Ayurveda Marks”). All other names, logos, product and service names, designs, and slogans in the Organic Ayurveda Platform are the trademarks of their respective owners.

  1. Your Information

“Your Information” is any information that you provide, publish, or post to or through the Organic Ayurveda Platform (including any profile or User account information that you provide) or send to other Users. You consent to us using Your Information to create a User account that will allow you to use the Organic Ayurveda Platform. Our collection and use of personal

information in connection with the Organic Ayurveda Platform is as provided in our Privacy Policy. You are solely responsible for Your Information and your interactions with other members of the public. We act only as a passive conduit for your online posting of Your Information. You agree to provide and maintain accurate, current and complete information and that we and other members of the public may rely on Your Information as accurate, current and complete. To enable Organic Ayurveda to use Your Information for the purposes described in the Privacy Policy and this Agreement, you grant to us a non-exclusive, worldwide, perpetual, irrevocable, royalty-free, transferable, sub-licensable (through multiple tiers) right and license to exercise the copyright, publicity, and database rights you have in your Information, and to use, copy, perform, display and distribute Your Information to prepare derivative works, or incorporate into other works, Your Information, in any media now known or not currently known. Organic Ayurveda does not assert any ownership over Your Information; rather, as between you and Organic Ayurveda, subject to the rights granted to us in this Agreement, you retain full ownership of all Your Information and any intellectual property rights or other proprietary rights associated with Your Information.

  1. Organic Ayurveda Communications

By entering into this Agreement or using the Organic Ayurveda Platform, you agree to receive communications from us, including via e-mail, calls, and push notifications. Communications from Organic Ayurveda, its affiliated companies and/or Users, may include but are not limited to: operational communications concerning your User account or use of the Organic Ayurveda Platform, updates concerning new and existing features on the Organic Ayurveda Platform, communications concerning promotions run by us or our third-party partners, and news concerning Organic Ayurveda and industry developments. Standard text messaging charges applied by your cell phone carrier will apply to text messages we send. If you wish to opt out of promotional emails, you can unsubscribe from our promotional email list by following the unsubscribe options in the promotional email itself.

  1. Confidentiality

You agree not to use any technical, financial, strategic, and other proprietary and confidential information relating to Organic Ayurveda’s business, operations, and properties, information about a User made available to you in connection with such User’s use of the Organic Ayurveda Platform, which may include the User’s name, location, and contact information (“Confidential Information”) disclosed to you in connection with the Organic Ayurveda Platform for your own use or for any purpose other than as contemplated herein. You shall not disclose or permit disclosure of any Confidential Information to third parties. You agree to take all reasonable measures to protect the secrecy of and avoid disclosure or use of Confidential Information to

prevent it from falling into the public domain. Notwithstanding the above, you shall not have liability to Organic Ayurveda with regard to any Confidential Information which you can prove: was in the public domain at the time it was disclosed in connection with the Organic Ayurveda Platform or has entered the public domain through no fault of yours; was known to you, without restriction, at the time of disclosure, as demonstrated by files in existence at the time of disclosure; is disclosed with the prior written approval of Organic Ayurveda; becomes known to you, without restriction, from a source other than Organic Ayurveda without breach of this Agreement by you and otherwise not in violation of Organic Ayurveda’s rights; or is disclosed pursuant to the order or requirement of a court, administrative agency, or other governmental body; provided, however, that you shall provide prompt notice of such court order or requirement to Organic Ayurveda to enable Organic Ayurveda to seek a protective order or otherwise prevent or restrict such disclosure.

  1. Prohibited Uses

You may use the Organic Ayurveda Platform only for lawful purposes and in accordance with this Agreement. In connection with your use of the Organic Ayurveda Platform, you agree and acknowledge that you will not:

  • violate in any way any federal, state, local, or international law or regulation; 
  •  stalk or otherwise harass any person, or violate the rights of privacy or publicity of any person; 
  •  post, send, solicit, or obtain anything defamatory, fraudulent, violent, threatening, pornographic, racist, hateful, or otherwise objectionable according to the sole opinion of Organic Ayurveda; 
  •  impersonate any individual or entity, or infringe any person’s intellectual property rights, copyright, patent, trademark, trade secret or other proprietary rights; 
  •  engage in any other conduct that restricts or inhibits any person’s use or enjoyment of the Organic Ayurveda Platform, or which, as determined by us, may harm Organic Ayurveda or its Users, or expose us or them to liability or reputational harm; 
  •  transmit, or procure the sending of, any advertising or promotional material, including any “junk mail”, “chain letter”, “spam”, or any other similar solicitation; 
  •  hack or compromise in any way the integrity and security of the Organic Ayurveda Platform or the computers or devices of any of Organic Ayurveda’s Users; 
  •  “frame” or “mirror” any part of the Organic Ayurveda Platform, without our prior written authorization or use meta tags or code or other devices containing any reference to us in order to direct any person to any other web site for any purpose; 
  •  modify, adapt, translate, reverse engineer, decipher, decompile or otherwise disassemble any portion of the Organic Ayurveda Platform or any software used on or for the Organic Ayurveda Platform;
  • rent, lease, lend, sell, redistribute, license or sublicense the Organic Ayurveda Platform or access to any portion of the Organic Ayurveda Platform; 
  •  use any robot, spider, or other automatic device, process, or means to access the Organic Ayurveda Platform for any purpose; 
  •  use any manual process to monitor or copy any of the material in the Organic Ayurveda Platform or for any other unauthorized purpose without our prior written consent; 
  •  allow any viruses, Trojan horses, worms, logic bombs, or other material that is malicious or technologically harmful, to be introduced in to the Organic Ayurveda Platform; 
  •  attempt to gain unauthorized access to, interfere with, damage, or disrupt any parts of the Organic Ayurveda Platform, the servers on which they operate, or any server, computer, or database to which the Organic Ayurveda Platform are connected; 
  •  link directly or indirectly to any websites; 
  • transfer or sell your User account, password and/or identification to any other party; or 
  •  cause any person to engage in the foregoing prohibited activities.
  1. Customer Representation and Warranties

By accessing or using the Organic Ayurveda Platform, as Customer you represent, warrant, and agree that:

  • You have full power and authority to enter into this Agreement and to perform its obligations; 
  •  You seek to use the Organic Ayurveda Platform and the related services for a lawful purpose; 
  •  You will comply with all applicable laws; 
  • The information that you provide other Users and/or Organic Ayurveda to procure services under this Agreement is truthful and accurate.
  1. Non-solicitation

You agree to not contract directly with another User for services that may be otherwise provided through or outside of the Organic Ayurveda Platform. Organic Ayurveda reserves the right to exclude you and others acting on your behalf from further use of the Organic Ayurveda Platform for violations of this non-solicitation provision at our sole discretion.

  1. Changes and Updates

We may from time to time in our sole discretion develop and provide updates to the Organic Ayurveda Platform, which may include content updates, upgrades, bug fixes, patches, error corrections, and/or new features (together, including related documentation, “Updates”). Updates may also modify or delete in their entirety certain features and functionality. You agree that Organic Ayurveda has no obligation to provide any Updates or to continue to provide or enable any particular features or functionality. Based on Your Device settings, when Your Device is connected to the internet either:

  • the Organic Ayurveda Platform will automatically download and install all available Updates; or 
  •  you may receive notice of or be prompted to download and install available Updates. 

You shall promptly download and install all Updates and acknowledge and agree that the Organic Ayurveda Platform or portions thereof may not properly operate should you fail to do so. You further agree that all Updates will be deemed part of the Organic Ayurveda Platform and be subject to all terms and conditions of this Agreement.

  1. Linking to the Organic Ayurveda Platform and Social Media Features

You may link to the Organic Ayurveda website, provided you do so in a way that is fair and legal and does not damage our reputation or take advantage of it. You must not establish a link in such a way as to suggest any form of association, approval, or endorsement on our part without our express written consent.

The Organic Ayurveda Platform may provide certain social media features that enable you to:

  • Link from your own or certain third-party websites or apps to certain content in the Organic Ayurveda Platform. 
  • Send emails or other communications with certain content, or links to certain content, in the Organic Ayurveda Platform. 
  •  Cause limited portions of content in the Organic Ayurveda Platform to be displayed or appear to be displayed on your own or certain third-party websites or apps.

You may use these features solely as they are provided by us, and solely with respect to the content they are displayed with and otherwise in accordance with any additional terms and conditions that we provide with respect to such features. Subject to the foregoing, you must not:

  • Establish a link from any website or app that is not owned by you.
  • Cause any portion of the Organic Ayurveda Platform to be displayed on, or appear to be displayed by, any other site, for example, framing, deep linking, or in-line linking.
  • Link to any part of the Organic Ayurveda website other than the homepage.
  • Otherwise take any action with respect to the materials in the Organic Ayurveda Platform that is inconsistent with any other provision of this Agreement.

The website or app from which you are linking, or on which you make certain content accessible, must comply in all respects with the Prohibited Uses set out in this Agreement.

You agree to cooperate with us in causing any unauthorized framing or linking immediately to stop. We reserve the right to withdraw linking permission without notice.

We may disable all or any social media features and any links at any time without notice in our discretion.

  1. Disclaimers

Links from the Organic Ayurveda Platform

If the Organic Ayurveda Platform contains links to other sites and resources provided by third parties, these links are provided for your convenience only. We have no control over the contents of those sites or resources, and accept no responsibility for them or for any loss or damage that may arise from your use of them. If you decide to access any of the third-party websites or apps linked to the Organic Ayurveda Platform, you do so entirely at your own risk and subject to the terms and conditions of use for such websites.

Information Provided

The information on this site is not intended or implied to be a substitute for professional medical advice, diagnosis or treatment. All content, including text, graphics, images and information, contained on or available through this web site is for general information purposes only. Organic Ayurveda makes no representation and assumes no responsibility for the accuracy of information contained on or available through this web site, and such information is subject to change without notice. You are encouraged to confirm any information obtained from or through this web site with other sources, and review all information regarding any medical condition or treatment with your physician. NEVER DISREGARD PROFESSIONAL MEDICAL ADVICE OR DELAY SEEKING MEDICAL TREATMENT BECAUSE OF SOMETHING YOU HAVE READ ON OR ACCESSED THROUGH THIS WEB site.

Information and statements about the products on this site have not been evaluated by the Food and Drug Administration and are not intended to diagnose, treat, cure, or prevent any disease. You should not use the information contained herein for diagnosing or treating a health problem or disease, or for prescribing any medication. Organic Ayurveda does not recommend or endorse any specific physicians, procedures, or opinions that may be mentioned or included in the site. Organic Ayurveda does not recommend, endorse or make any representation about the efficacy, appropriateness or suitability of any specific tests, products, procedures, treatments, services, opinions, or other information that may be contained on or available through this web site. Organic Ayurveda IS NOT RESPONSIBLE NOR LIABLE FOR ANY ADVICE, COURSE OF TREATMENT, DIAGNOSIS OR ANY OTHER INFORMATION, SERVICES OR PRODUCTS THAT YOU OBTAIN THROUGH THIS WEB site.

Testimonials

The site may contain testimonials by users of our products and/or services. These testimonials reflect the real-life experiences and opinions of such users. However, the experiences are personal to those particular users, and may not necessarily be representative of all users of our products and/or services. We do not claim, and you should not assume, that all users will have the same experiences. YOUR INDIVIDUAL RESULTS MAY VARY. The testimonials on the site are submitted in various forms such as text, audio and/or video, and are reviewed by us before being posted. They appear on the site verbatim as given by the users, except for the correction of grammar or typing errors. Some testimonials may have been shortened for the sake of brevity where the full testimonial contained extraneous information not relevant to the general public.

The views and opinions contained in the testimonials belong solely to the individual user and do not reflect our views and opinions. We are not affiliated with users who provide testimonials, and users are not paid or otherwise compensated for their testimonials. The testimonials on the site are not intended, nor should they be construed, as claims that our products and/or services can be used to diagnose, treat, mitigate, cure, prevent or otherwise be used for any disease or medical condition. No testimonials have been clinically proven or evaluated.

Products

The products and statements made about specific products on this web site have not been evaluated by the United States Food and Drug Administration (FDA) and are not intended to diagnose, treat, cure or prevent disease. All information provided on this web site or any information contained on or in any product label or packaging is for informational purposes only and is not intended as a substitute for advice from your physician or other health care professional. Many herbal products are not recommended for people who are pregnant, nursing, have a medical condition, or are taking medications. The site does not provide dosage information, format recommendations, toxicity levels, or possible interactions with prescription drugs or other items. Always consult with a healthcare professional before starting any new vitamins, supplements, diet, or exercise program, before taking any medication, or if you have or suspect you might have a health problem.

All products are subject only to any applicable warranties of their respective manufacturers, distributors, and suppliers, if any, provided in the product packaging. To the fullest extent permissible by applicable law, we hereby disclaim all warranties of any kind, either express or implied, including without limitation, any implied warranties of merchantability, non-infringement, or fitness for a particular purpose. Without limiting the generality of the foregoing, we hereby expressly disclaim all liability for product defect or failure, claims that are due to normal wear, product misuse, abuse, product modification, improper product selection, non-compliance with any codes, or misappropriation.

Consultations

Consultations offered and provided through the Organic Ayurveda Platform are not intended to diagnose, treat, or be a replacement for medical advice. As stated above, all information provided through the Organic Ayurveda Platform is for informational purposes only.

Workshops

All workshops provided through the Organic Ayurveda Platform are for informational purposes only. You will not receive any license, certification, accreditation or similar credential from participation in a workshop.

No Warranties

You understand that we cannot and do not guarantee or warrant that files available for downloading from the internet or the Organic Ayurveda Platform will be free of viruses or other destructive code. You are responsible for implementing sufficient procedures and checkpoints to satisfy your particular requirements for anti-virus protection and accuracy of data input and output, and for maintaining a means external to the Organic Ayurveda Platform for any reconstruction of any lost data. TO THE FULLEST EXTENT PROVIDED BY LAW, WE WILL NOT BE LIABLE FOR ANY LOSS OR DAMAGE CAUSED BY A DISTRIBUTED DENIAL-OF-SERVICE ATTACK, VIRUSES, OR OTHER TECHNOLOGICALLY HARMFUL MATERIAL THAT MAY INFECT YOUR COMPUTER EQUIPMENT, COMPUTER PROGRAMS, DATA, OR OTHER PROPRIETARY MATERIAL DUE TO YOUR USE OF THE Organic Ayurveda Platform OR ANY SERVICES OR ITEMS OBTAINED THROUGH THEM OR TO YOUR DOWNLOADING OF ANY MATERIAL POSTED ON THEM, OR ON ANY WEBsite OR APP LINKED TO THEM. YOUR USE OF THE Organic Ayurveda PLATFORM, THEIR CONTENT, AND ANY SERVICES OR ITEMS OBTAINED THROUGH THEM IS AT YOUR OWN RISK. THE Organic Ayurveda PLATFORM, THEIR CONTENT, AND ANY SERVICES OR ITEMS OBTAINED THROUGH THEM ARE PROVIDED ON AN “AS IS” AND “AS AVAILABLE” BASIS, WITHOUT ANY WARRANTIES OF ANY KIND, EITHER EXPRESS OR IMPLIED. NEITHER Organic Ayurveda NOR ANY PERSON ASSOCIATED WITH IT MAKES ANY WARRANTY OR REPRESENTATION WITH RESPECT TO THE COMPLETENESS, SECURITY, RELIABILITY, QUALITY, ACCURACY, OR AVAILABILITY OF THE Organic Ayurveda PLATFORM. WITHOUT LIMITING THE FOREGOING, NEITHER Organic Ayurveda NOR ANYONE ASSOCIATED WITH IT REPRESENTS OR WARRANTS THAT Organic Ayurveda PLATFORM, THEIR CONTENT, OR ANY SERVICES OR ITEMS OBTAINED THROUGH THEM WILL BE ACCURATE, RELIABLE, ERROR-FREE, OR UNINTERRUPTED, THAT DEFECTS WILL BE CORRECTED, THAT THE Organic Ayurveda PLATFORM OR THE SERVERS THAT MAKES THEM AVAILABLE ARE FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS, OR THAT THE Organic Ayurveda PLATFORM OR ANY SERVICES OR ITEMS OBTAINED THROUGH THEM WILL OTHERWISE MEET YOUR NEEDS OR EXPECTATIONS. TO THE FULLEST EXTENT PROVIDED BY LAW, Organic Ayurveda HEREBY DISCLAIMS ALL WARRANTIES OF ANY KIND, WHETHER EXPRESS OR IMPLIED, STATUTORY, OR OTHERWISE, INCLUDING BUT NOT LIMITED TO ANY WARRANTIES OF MERCHANTABILITY, NON-INFRINGEMENT, AND FITNESS FOR PARTICULAR PURPOSE. THE FOREGOING DOES NOT AFFECT ANY WARRANTIES THAT CANNOT BE EXCLUDED OR LIMITED UNDER APPLICABLE LAW.

Acts of Others

Under no circumstances, including termination or cancellation of your use of the Organic Ayurveda Platform, will we be liable for any losses related to actions of other Users.

  1. Limitation of Liability

TO THE FULLEST EXTENT PROVIDED BY LAW, IN NO EVENT WILL Organic Ayurveda, ITS AFFILIATES, OR THEIR LICENSORS, SERVICE PROVIDERS, EMPLOYEES, AGENTS, OFFICERS, OR DIRECTORS BE LIABLE FOR DAMAGES OF ANY KIND, UNDER ANY LEGAL THEORY, ARISING OUT OF OR IN CONNECTION WITH YOUR USE, OR INABILITY TO USE, THE Organic Ayurveda PLATFORM, ANY WEBsiteS OR APPS LINKED TO IT, ANY CONTENT ON THE Organic Ayurveda PLATFORM OR ON SUCH OTHER LINKED WEBsiteS OR APPS, INCLUDING ANY DIRECT, INDIRECT, SPECIAL, INCIDENTAL, CONSEQUENTIAL, OR PUNITIVE DAMAGES, INCLUDING BUT NOT LIMITED TO, PERSONAL INJURY, PAIN AND SUFFERING, EMOTIONAL DISTRESS, LOSS OF REVENUE, LOSS OF PROFITS, LOSS OF BUSINESS OR ANTICIPATED SAVINGS, LOSS OF USE, LOSS OF GOODWILL, LOSS OF DATA, AND WHETHER CAUSED BY TORT (INCLUDING NEGLIGENCE), BREACH OF CONTRACT, OR OTHERWISE, EVEN IF FORESEEABLE. THE FOREGOING DOES NOT AFFECT ANY LIABILITY THAT CANNOT BE EXCLUDED OR LIMITED UNDER APPLICABLE LAW.

  1. Indemnification

You agree to defend, indemnify, and hold harmless Organic Ayurveda, its affiliates, licensors, and service providers, and its and their respective officers, directors, employees, contractors, agents, licensors, suppliers, successors, and assigns from and against any claims, liabilities, damages, judgments, awards, losses, costs, expenses, or fees (including reasonable attorneys’ fees) arising out of or relating to your violation of this Agreement or your use of the Organic Ayurveda Platform, including, but not limited to, any use of the Organic Ayurveda Platform content, services, and products other than as expressly authorized in this Agreement or your use of any information obtained from the Organic Ayurveda Platform.

  1. Term and Termination
  • The term of this Agreement commences when you acknowledge the terms and conditions of this Agreement permitting you then to access, download, or install the Organic Ayurveda Platform. The term will continue in effect until terminated by you or Organic Ayurveda as set forth in this section. 
  •  You may terminate this Agreement by deleting the Organic Ayurveda Platform and all copies thereof from Your Device. 
  •  Organic Ayurveda may terminate this Agreement at any time without notice. In addition, this Agreement will terminate immediately and automatically without any notice if you violate any of the terms and conditions of this Agreement. 
  •  Upon termination: ○ except as provided in Sections 2-5 (with respect to license), 7-8, 14, and 17-19, which shall survive any expiration or termination of this Agreement, all rights granted to you under this Agreement will also terminate; 
    •  you must cease all use of the Organic Ayurveda Platform and delete all copies of the Organic Ayurveda Platform and delete all copies of the Organic Ayurveda Platform; and 
    • Termination will not limit any of Organic Ayurveda’s rights or remedies at law or in equity.
  1. Governing Law and Jurisdiction

All matters relating to the Organic Ayurveda Platform and this Agreement and any dispute or claim arising therefrom or related thereto (in each case, including non-contractual disputes or claims), shall be governed by and construed in accordance with the internal laws of the State of Washington without giving effect to any choice or conflict of law provision or rule (whether of the State of Washington or any other jurisdiction).

Any legal suit, action, or proceeding arising out of, or related to, this Agreement or the Organic Ayurveda Platform shall be instituted exclusively in the U.S. District Court for the District of Washington or the courts of the State of Washington. Organic Ayurveda retains the right to bring any suit, action, or proceeding against you for breach of this Agreement in your country of residence or any other relevant country. You waive any and all objections to the exercise of jurisdiction over you by such courts and to venue in such courts.

Arbitration. All disputes arising out of or relating to this TOS (including its formation, performance or alleged breach) or your use of the Web site will be exclusively resolved under confidential binding arbitration held in Washington, U.S.A.. The arbitrator’s award will be binding and may be entered as a judgment in any court of competent jurisdiction. To the fullest extent permitted by applicable law, no arbitration under this TOS will be joined to an arbitration involving any other party subject to this TOS, whether through class arbitration proceedings or otherwise. Notwithstanding the foregoing, we will have the right to seek injunctive or other equitable relief in state or federal court located in the state of Washington to enforce this TOS or prevent an infringement of a third party’s rights. In the event equitable relief is sought, each party hereby irrevocably submits to the personal jurisdiction of such court.

  1. Waiver and Severability

No waiver by Organic Ayurveda of any term or condition set out 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 of Organic Ayurveda 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.

  1. Entire Agreement

This Agreement, our Privacy Policy, and any documents or communications referenced in this Agreement and our Privacy Policy constitute the sole and entire agreement between you and Organic Ayurveda regarding the Organic Ayurveda Platform and supersede all prior and contemporaneous understandings, agreements, representations, and warranties, both written and oral, regarding the Organic Ayurveda Platform.

  1. Your Comments and Concerns

The Organic Ayurveda Platform is operated by Organic Ayurveda, Inc. 100 N Howard St Ste W Spokane, WA 99201. Organic Ayurveda, Inc. is a subsidiary of Sri Dhanvanthari Madom Private Limited, Kerala, India.

Feedback, comments, requests for technical support, and other communications relating to the Organic Ayurveda Platform should be directed to: support@organicayurveda.com

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