1. Introduction. Jhana Education provides a service to make learning more accessible and help people quickly and easily develop the core business and management skills they need to be successful at work.
4. Acceptable use. You must not use the Website in any way that causes, or may cause, damage to the Website or impairment of the availability or accessibility of the Website; or in any way which is unlawful, illegal, fraudulent or harmful, or in connection with any unlawful, illegal, fraudulent or harmful purpose or activity. You must not use the Website to copy, store, host, transmit, send, use, publish or distribute any material which consists of (or is linked to) any spyware, computer virus, Trojan horse, worm, keystroke logger, rootkit or other malicious computer software. You must not conduct any systematic or automated data collection activities (including without limitation scraping, data mining, data extraction and data harvesting) on or in relation to the Website without Jhana’s express written consent. You must not use the Website to transmit or send unsolicited commercial communications. You must not use the Website for any purposes related to marketing without Jhana’s express written consent.
5. Access and Payment. Access to certain areas of the Website is restricted and requires payment. Jhana reserves the right to restrict access to certain areas of the Website, or indeed the entire Website, at Jhana’s discretion.
Jhana strives to provide access to the Services on a continuous basis. However, from time to time, Users may be unable to access the Services due to site upgrades, software issues, hosting company issues, acts of computer hackers, power outages, force majeure, and acts of God. In response to any unavailability, Jhana will take all commercially reasonable steps to ensure access to the Services is restored within a reasonable period of time, but Jhana is not responsible for acts or causes beyond its control.
If Jhana provides you with a user ID and password to enable you to access restricted areas of the Website or other content or services, you must ensure that the user ID and password are kept confidential. Jhana may disable your user ID and password in Jhana’s sole discretion without notice or explanation. If you believe that your username and password have been breached, or that your account has been used without your authorization, you agree to immediately notify Jhana. Jhana is not liable for any damages relating to a User’s noncompliance.
We welcome and encourage you to provide feedback, comments and suggestions for improvements to the Website and Services (“Feedback”). You may submit Feedback by emailing us at firstname.lastname@example.org or through the “Contact Us” section of the Website. You acknowledge and agree that all Feedback will be the sole and exclusive property of Jhana and you hereby irrevocably assign to Jhana and agree to irrevocably assign to Jhana all of your right, title, and interest in and to all Feedback, including without limitation all worldwide patent, copyright, trade secret, trademark, moral rights and other proprietary or intellectual property rights therein. At Jhana’s request and expense, you will execute documents and take such further acts as Jhana may reasonably request to assist Jhana to acquire, perfect, and maintain its intellectual property rights and other legal protections for the Feedback.
7. DMCA Compliance. You agree not to post, publish, display, reproduce, or transmit in absolutely any manner any copyrighted content, copyrighted material, trademarks, intellectual property, or other proprietary information without first having obtained prior consent of the owner of the rights to such proprietary information. If you believe that someone or some entity has copied or posted your work or proprietary information on Jhana, or in association with Jhana and its Services, in an unauthorized manner that constitutes infringement of copyright, please give our Copyright Agent the following information:
- A physical or electronic signature of the individual or entity who owns the copyright;
- A description of and url link to the copyrighted work that you believe has been infringed upon;
- Your postal mailing address;
- Your telephone number;
- Your e-mail address;
- A written statement by you that you believe, in good faith, that the usage of the work is not authorized or consented upon by the rightful copyright owner; and
- A written statement made by you, under penalty of perjury, that the information in your copyright claim is completely accurate and that you are in fact the rightful copyright owner, or that you have authorized consent to act on the copyright owner’s behalf.
Send claims to:
Jhana Education Copyright Agent
1381 9th Avenue
San Francisco, CA 94122
8. No warranties. The Services are provided “as is” without any representations or warranties, express or implied. Jhana makes no representations or warranties in relation to these Services or the information and materials provided on the Website. Without prejudice to the generality of the foregoing paragraph, Jhana does not warrant that: the Services will be constantly available, or available at all; or the information on the Website is complete, true, accurate or non-misleading. Nothing on the Website constitutes, or is meant to constitute, legal advice of any kind. If you require advice in relation to any legal, financial,medical, or other specialized matter you should consult an appropriate professional.
9. Limitations of liability. Use of Jhana’s Services is at your own risk. Jhana will not be liable for any damages whatsoever arising out of or in connection with the use or performance of the Services, or otherwise in connection with, the Website, including, but not limited, to the following:
- damages for any direct loss;
- damages for any indirect, special or consequential loss; or
- damages for any business losses, loss of revenue, income, profits or anticipated savings, loss of contracts or business relationships, loss of reputation or goodwill, or loss or corruption of information or data.
This disclaimer of liability applies to all causes of action, whether in contract, tort (including negligence) or otherwise, and regardless of whether any remedy fails of its essential purpose. These limitations of liability apply even if Jhana has been expressly advised of the potential loss.
18. Headings for Convenience Only. Headings are for convenience only and have no legal or contractual effect.