Terms of Service / Privacy Policy

We value your privacy, and we will never sell your information to any third party.

 

Terms of Use

Terms of Use

 

 

The Pundarika Foundation (herein Pundarika) and its affiliates (Fully Being, “we” or “us”) have created and maintain this website for your benefit, information, education and communication. By accessing and/or using this website, you accept, without limitation or qualification, these terms and conditions of use. We reserve the right to change the terms and conditions from time to time at our sole discretion without notice. Such changes will be effective immediately upon posting to the website. In the event of any violation of these terms and conditions, we and our business partners reserve the right to seek all remedies available by law and in equity for such violations. These terms and conditions of use represent the entire understanding relating to the use of this website and prevail over any prior or contemporaneous, conflicting or additional communications. Any unauthorized access, modification or change of any information, or any interference with the availability of or access to this website is strictly prohibited. Pundarika reserves all legal rights and remedies available to it and these terms and conditions shall in no way be deemed a limitation or waiver of any other rights Pundarika may have. Specific areas or pages of this website may include additional or different terms relating to the use of this website. In the event of a conflict between such terms and these terms of use such specific terms shall control. Unless otherwise indicated, all material on this site is copyrighted to Pundarika.

 

  1. Intellectual Property.

 

The materials contained in this website are copyrighted and may not be reproduced in any form, or by any means, without the express written permission of Pundarika, except as expressly provided in these terms and conditions or in the text on the website. You may download material displayed on the website for non-commercial personal use only, provided you retain all copyright and other proprietary notices contained in the materials. You may not, however, reproduce, republish, display, perform, distribute, modify, transmit, reuse, re-post, or use the content of this website for public or commercial purposes, including, without limitation, the text, images, audio and video, without the express written permission of Pundarika. Pundarika neither warrants nor represents that your use of materials displayed on the website will not infringe rights of third parties not owned by or affiliated with Pundarika. Images of people or places displayed on the website are either the property of, or used with permission by Pundarika. The use of these images by you, or anyone else authorized by you, is prohibited unless specifically permitted by these terms and conditions or specific permission provided elsewhere on the website. Any unauthorized use of the images may violate copyright laws, trademark laws, the laws of privacy and publicity, and communications regulations and statutes.

The trademarks, logos, and service marks (collectively the “Trademarks”) displayed on the website are registered and unregistered Trademarks of Pundarika and other third parties that have authorized the use of such Trademarks on the website. Nothing contained on the website should be construed as granting, by implication, estoppel, or otherwise, any license or right to use any Trademark displayed on the website without the written permission of Pundarika or the appropriate third party. Your use of the Trademarks displayed on the website, or any other content on the website, except as provided in these terms and conditions, is strictly prohibited. You are also advised that Pundarika will enforce its intellectual property rights to the fullest extent of the law.

 

 

Pundarika makes no representations or warranties that this website is free of defects, viruses or other harmful components. We shall not be responsible for any damages or loss that may result from the hacking or infiltration of this website or Pundarika’s computer systems. You have the sole responsibility for adequate protection and backup of data and/or equipment used in connection with this website and you agree to hold Pundarika harmless from, and you covenant not to sue us for, any claims for lost data, work delays or lost profits resulting from use of materials or content from this website. The pages on this website may contain technical inaccuracies, outdated information and typographical errors. Use of the website is at the risk of the user. To the extent permitted by applicable law, this website is provided “as is”. Neither Pundarika nor any other party involved in creating, producing, or delivering the website is liable for any direct, special, incidental, consequential, indirect or punitive damages arising out of access to, or use of, the website including, without limitation, lost profits or revenues, costs of replacement goods, loss of damage to data arising out of the use or inability to use this site, or damages resulting from use of or reliance on the information present, even if Pundarika, or its suppliers have been advised of the possibility of such damages. Without limiting the foregoing, everything on the website is provided without warranty of any kind, either expressed or implied, including, but not limited to, the implied warranties of merchantability, fitness for a particular purpose, or non-infringement or arising from a course of dealing, usage or trade practice. Pundarika does not in any way guarantee the quality, data content, artistic worth, or legality of information, content, goods or services that are transferred, received, purchased, or otherwise made available or obtained by way of this website. We do not warrant that this website will be error-free or that defects will be corrected. Applicable law may not allow the exclusion of implied warranties, so the above exclusion may not apply to you. We also assume no responsibility, and will not be liable for, any damages to, or viruses that may infect, computer equipment or other property on account of your access to, use of, or browsing in this website or your downloading of any materials, data, text, images, video, or audio from the website.

 

  1. Privacy of User Information.

 

Please see our Privacy Policy for information regarding the collection of personal information from this website. Despite any representations concerning privacy, Pundarika reserves the right to disclose without notice to you any information in its possession if required to do so by law or upon a good-faith belief that such action is necessary to comply with the law, to protect or defend our rights or property, or to respond to an emergency situation. Specific areas or pages of this website may include additional or different terms relating to the use of personal information collected from such areas or pages.

 

  1. Availability of Products and Services.

 

The information provided at this website is published throughout the world. Pundarika manages this website from its facilities in the United States of America. Unless otherwise stated, materials and content on this website are presented solely for promoting products and services in the United States of America. Information published on this website may contain references to products, programs and services that are not announced or available in your country or region. We make no representation that such information, products, programs or services referenced on this website are legal, available or appropriate in your country or region. Please contact your local sales representative for information as to products and services available in your country.

 

  1. Links to Third Party Sites.

 

This website may contain links to third party sites. Such linked sites are not under the control of Pundarika, and we are not responsible for the accuracy or reliability of any information, data, opinions, advice or statements contained on any such linked sites. Access to any other Internet site linked to this website is at the user’s own risk. We have not reviewed the sites linked to the website. We provide these links merely as a convenience and the inclusion of such links does not imply an endorsement by Pundarika of such third party sites or any goods or services offered by such third parties.

 

  1. User Content.

 

Pundarika is pleased to hear from its customers; however we do not accept or consider any creative ideas, suggestions or other materials related to products, services or marketing. Anything you disclose or offer to us by or through this website (“Communications”), including e-mails to Pundarika or postings on interactive portions of this website, shall be deemed and shall remain the property of Pundarika. If you send us such communications, you are providing it to us on a NON-CONFIDENTIAL BASIS, and we will have no obligation to keep such information secret, to refrain from using such information, or to compensate you for the receipt or use of such communications. Pundarika is free to use, for any purpose whatsoever, any communications, including but not limited to publishing, or developing, manufacturing, and marketing products using such communications. By submitting communications to us through this website, through e-mail, or through any means other than through the procedures outlined elsewhere in this website, you hereby RELEASE Pundarika from any liability under any legal theory in connection with the use, modification, sale, or disclosure of any communications. By uploading or otherwise providing any communications to this website or Pundarika, you hereby grant Pundarika, to the extent you retain any rights, the unlimited, perpetual right to reuse, redistribute, modify and create derivative works from such communications for any purpose and in any media without compensation, and you warrant that all “moral rights” in uploaded communications have been waived.

 

  1. Interactive Areas and Code of Acceptable Conduct.

 

Pundarika does not ordinarily filter, censor, edit or regulate information and content provided by third parties on this website, including any such information provided in interactive areas, and we neither endorse nor are responsible for (and under no circumstances shall be liable for) the contents, accuracy or reliability of such information and content. When participating in interactive portions of this website, you represent that you have proper right and authorization to use any information or content you upload or post and agree to abide by the following code of acceptable conduct: You will not upload or otherwise provide infringing, defamatory, obscene, pornographic, threatening, abusive, illegal or otherwise improper content. You will not upload viruses or harmful components. You will not use the website to further any illegal purpose or to violate the rights of any party. You will not upload or otherwise provide content with a commercial purpose or attempt to solicit funds or advertise goods and services. Pundarika will assist law-enforcement officials investigating illegal activity or violations of these terms of use.

 

  1. Products, Services and Software.

 

A description or reference to a product, service or publication on this website (including any Pundarika product, service or publication. Products offered through this website shall be warranted, if at all, through the written license or warranty provided in connection with such product. Downloading software from this website does not give you title to such software, including any files, data and images incorporated in or associated with the software. Your use of any such software shall be only in accordance with the license agreement that is included with the software or presented upon download of such software. Software available on this website is copyrighted by Pundarika or its owner. Software may not be copied, redistributed or placed on any server for further distribution. You may not sell, modify, decompile, disassemble, or otherwise reverse engineer the software.

 

  1. Jurisdiction and Choice of Law.

 

These Terms and Conditions shall be governed by and construed in accordance with the laws of the State of Colorado and the United States of America, without giving effect to any principles of conflicts of law. You irrevocably consent to the exclusive jurisdiction of the courts located in Colorado in connection with any action arising out of or related to these terms of use or their subject matter. You waive any objection based on lack of personal jurisdiction, place of residence, improper venue or forum non convenience in any such action.

 

 

If any provision of these terms of use shall be deemed unlawful, void, or for any reason unenforceable, then that provision shall be deemed severable from the remaining terms of use and shall not affect the validity and enforceability of any remaining provisions.

Privacy Policy

Pundarika Foundation and Fully Being Privacy Policy

 

Pundarika Foundation and its affiliates, (FullyBeing.com, “we”, or “us”) respect your right to privacy. We do not currently trade, sell or rent personal information collected about you to third parties. Please read the Privacy Policy outlined below that explains how the Pundarika Foundation will and will not use the information you provide. By using or accessing this website, you signify your acknowledgment and assent to the Privacy Policy. If you do not agree to this policy, please do not use this website. Please note that we can revise this policy at any time by updating this posting, and your use after such change signifies your acceptance of the changed terms.

 

What information does the Pundarika Foundation collect and how do we use this information?

 

We may request personal information from you for processing membership and subscriber enrollments and updates. This may include your name, address, e-mail address, telephone number, etc.

 

Our web site allows you to contact us directly with questions or comments regarding the on-line course, FullyBeing.com. We also maintain data files to ensure that we quickly resolve customer comments or questions and implement improvements based on those comments.

 

Our web servers automatically monitor the number of visitors, the average time spent on the site, the popularity of our web-sites, and any programming errors or failures on any of our web-sites in order to determine the effectiveness of the FullyBeing.com web-site and to make improvements to the website.

 

Does the Pundarika Foundation share your information with other third parties?

 

The Pundarika Foundation does not share your e-mail address or personal information with any other parties without your prior consent.

 

How do I stop the Pundarika Foundation from contacting me via e-mail in the future?

 

All emails that we send to our customers who have voluntarily provided us with their email address include a simple and straight forward way to “opt out” of receiving future emails.

 

What is the Pundarika Foundations’ ownership of information?

 

All opinions, ideas, suggestions, and other feedback submitted to our web-sites may be used by the Pundarika Foundation without any restriction and free of charge, and nothing contained in this policy shall limit or otherwise affect this. There may be instances where we request or permit the submission of your opinions/ideas. In such instances you will be required to agree to the terms of a Pundarika Foundation prepared agreement related to the provision of such information prior to its submission.

 

What about the Pundarika Foundation links to other sites?

 

We may add links to third party sites. Because such linked sites are not under the control of the Pundarika Foundation, we are not responsible for the accuracy or reliability of any information, data, opinions, advice or statements contained on any such linked sites. Access to any other Internet site linked to this website is at your own risk. The Pundarika Foundation has not reviewed all of the sites linked to the website and we provide these links merely as a convenience and the inclusion of such links does not imply an endorsement by the Pundarika Foundation of such third party sites or any goods or services offered by such third parties.

 

Will this Privacy Policy change?

 

The Pundarika Foundation may change this policy from time to time without notice to better serve you, so please review this policy periodically.

 

 

The Pundarika Foundation (herein Pundarika) and its affiliates (Fully Being, “we” or “us”) have created and maintain this website for your benefit, information, education and communication. By accessing and/or using this website, you accept, without limitation or qualification, these terms and conditions of use. We reserve the right to change the terms and conditions from time to time at our sole discretion without notice. Such changes will be effective immediately upon posting to the website. In the event of any violation of these terms and conditions, we and our business partners reserve the right to seek all remedies available by law and in equity for such violations. These terms and conditions of use represent the entire understanding relating to the use of this website and prevail over any prior or contemporaneous, conflicting or additional communications. Any unauthorized access, modification or change of any information, or any interference with the availability of or access to this website is strictly prohibited. Pundarika reserves all legal rights and remedies available to it and these terms and conditions shall in no way be deemed a limitation or waiver of any other rights Pundarika may have. Specific areas or pages of this website may include additional or different terms relating to the use of this website. In the event of a conflict between such terms and these terms of use such specific terms shall control. Unless otherwise indicated, all material on this site is copyrighted to Pundarika.

 

  1. Intellectual Property.

 

The materials contained in this website are copyrighted and may not be reproduced in any form, or by any means, without the express written permission of Pundarika, except as expressly provided in these terms and conditions or in the text on the website. You may download material displayed on the website for non-commercial personal use only, provided you retain all copyright and other proprietary notices contained in the materials. You may not, however, reproduce, republish, display, perform, distribute, modify, transmit, reuse, re-post, or use the content of this website for public or commercial purposes, including, without limitation, the text, images, audio and video, without the express written permission of Pundarika. Pundarika neither warrants nor represents that your use of materials displayed on the website will not infringe rights of third parties not owned by or affiliated with Pundarika. Images of people or places displayed on the website are either the property of, or used with permission by Pundarika. The use of these images by you, or anyone else authorized by you, is prohibited unless specifically permitted by these terms and conditions or specific permission provided elsewhere on the website. Any unauthorized use of the images may violate copyright laws, trademark laws, the laws of privacy and publicity, and communications regulations and statutes.

The trademarks, logos, and service marks (collectively the “Trademarks”) displayed on the website are registered and unregistered Trademarks of Pundarika and other third parties that have authorized the use of such Trademarks on the website. Nothing contained on the website should be construed as granting, by implication, estoppel, or otherwise, any license or right to use any Trademark displayed on the website without the written permission of Pundarika or the appropriate third party. Your use of the Trademarks displayed on the website, or any other content on the website, except as provided in these terms and conditions, is strictly prohibited. You are also advised that Pundarika will enforce its intellectual property rights to the fullest extent of the law.

 

 

Pundarika makes no representations or warranties that this website is free of defects, viruses or other harmful components. We shall not be responsible for any damages or loss that may result from the hacking or infiltration of this website or Pundarika’s computer systems. You have the sole responsibility for adequate protection and backup of data and/or equipment used in connection with this website and you agree to hold Pundarika harmless from, and you covenant not to sue us for, any claims for lost data, work delays or lost profits resulting from use of materials or content from this website. The pages on this website may contain technical inaccuracies, outdated information and typographical errors. Use of the website is at the risk of the user. To the extent permitted by applicable law, this website is provided “as is”. Neither Pundarika nor any other party involved in creating, producing, or delivering the website is liable for any direct, special, incidental, consequential, indirect or punitive damages arising out of access to, or use of, the website including, without limitation, lost profits or revenues, costs of replacement goods, loss of damage to data arising out of the use or inability to use this site, or damages resulting from use of or reliance on the information present, even if Pundarika, or its suppliers have been advised of the possibility of such damages. Without limiting the foregoing, everything on the website is provided without warranty of any kind, either expressed or implied, including, but not limited to, the implied warranties of merchantability, fitness for a particular purpose, or non-infringement or arising from a course of dealing, usage or trade practice. Pundarika does not in any way guarantee the quality, data content, artistic worth, or legality of information, content, goods or services that are transferred, received, purchased, or otherwise made available or obtained by way of this website. We do not warrant that this website will be error-free or that defects will be corrected. Applicable law may not allow the exclusion of implied warranties, so the above exclusion may not apply to you. We also assume no responsibility, and will not be liable for, any damages to, or viruses that may infect, computer equipment or other property on account of your access to, use of, or browsing in this website or your downloading of any materials, data, text, images, video, or audio from the website.

 

  1. Privacy of User Information.

 

Please see our Privacy Policy for information regarding the collection of personal information from this website. Despite any representations concerning privacy, Pundarika reserves the right to disclose without notice to you any information in its possession if required to do so by law or upon a good-faith belief that such action is necessary to comply with the law, to protect or defend our rights or property, or to respond to an emergency situation. Specific areas or pages of this website may include additional or different terms relating to the use of personal information collected from such areas or pages.

 

  1. Availability of Products and Services.

 

The information provided at this website is published throughout the world. Pundarika manages this website from its facilities in the United States of America. Unless otherwise stated, materials and content on this website are presented solely for promoting products and services in the United States of America. Information published on this website may contain references to products, programs and services that are not announced or available in your country or region. We make no representation that such information, products, programs or services referenced on this website are legal, available or appropriate in your country or region. Please contact your local sales representative for information as to products and services available in your country.

 

  1. Links to Third Party Sites.

 

This website may contain links to third party sites. Such linked sites are not under the control of Pundarika, and we are not responsible for the accuracy or reliability of any information, data, opinions, advice or statements contained on any such linked sites. Access to any other Internet site linked to this website is at the user’s own risk. We have not reviewed the sites linked to the website. We provide these links merely as a convenience and the inclusion of such links does not imply an endorsement by Pundarika of such third party sites or any goods or services offered by such third parties.

 

  1. User Content.

 

Pundarika is pleased to hear from its customers; however we do not accept or consider any creative ideas, suggestions or other materials related to products, services or marketing. Anything you disclose or offer to us by or through this website (“Communications”), including e-mails to Pundarika or postings on interactive portions of this website, shall be deemed and shall remain the property of Pundarika. If you send us such communications, you are providing it to us on a NON-CONFIDENTIAL BASIS, and we will have no obligation to keep such information secret, to refrain from using such information, or to compensate you for the receipt or use of such communications. Pundarika is free to use, for any purpose whatsoever, any communications, including but not limited to publishing, or developing, manufacturing, and marketing products using such communications. By submitting communications to us through this website, through e-mail, or through any means other than through the procedures outlined elsewhere in this website, you hereby RELEASE Pundarika from any liability under any legal theory in connection with the use, modification, sale, or disclosure of any communications. By uploading or otherwise providing any communications to this website or Pundarika, you hereby grant Pundarika, to the extent you retain any rights, the unlimited, perpetual right to reuse, redistribute, modify and create derivative works from such communications for any purpose and in any media without compensation, and you warrant that all “moral rights” in uploaded communications have been waived.

 

  1. Interactive Areas and Code of Acceptable Conduct.

 

Pundarika does not ordinarily filter, censor, edit or regulate information and content provided by third parties on this website, including any such information provided in interactive areas, and we neither endorse nor are responsible for (and under no circumstances shall be liable for) the contents, accuracy or reliability of such information and content. When participating in interactive portions of this website, you represent that you have proper right and authorization to use any information or content you upload or post and agree to abide by the following code of acceptable conduct: You will not upload or otherwise provide infringing, defamatory, obscene, pornographic, threatening, abusive, illegal or otherwise improper content. You will not upload viruses or harmful components. You will not use the website to further any illegal purpose or to violate the rights of any party. You will not upload or otherwise provide content with a commercial purpose or attempt to solicit funds or advertise goods and services. Pundarika will assist law-enforcement officials investigating illegal activity or violations of these terms of use.

 

  1. Products, Services and Software.

 

A description or reference to a product, service or publication on this website (including any Pundarika product, service or publication. Products offered through this website shall be warranted, if at all, through the written license or warranty provided in connection with such product. Downloading software from this website does not give you title to such software, including any files, data and images incorporated in or associated with the software. Your use of any such software shall be only in accordance with the license agreement that is included with the software or presented upon download of such software. Software available on this website is copyrighted by Pundarika or its owner. Software may not be copied, redistributed or placed on any server for further distribution. You may not sell, modify, decompile, disassemble, or otherwise reverse engineer the software.

 

  1. Jurisdiction and Choice of Law.

 

These Terms and Conditions shall be governed by and construed in accordance with the laws of the State of Colorado and the United States of America, without giving effect to any principles of conflicts of law. You irrevocably consent to the exclusive jurisdiction of the courts located in Colorado in connection with any action arising out of or related to these terms of use or their subject matter. You waive any objection based on lack of personal jurisdiction, place of residence, improper venue or forum non convenience in any such action.

 

 

If any provision of these terms of use shall be deemed unlawful, void, or for any reason unenforceable, then that provision shall be deemed severable from the remaining terms of use and shall not affect the validity and enforceability of any remaining provisions.

Practices Disclaimer

Fully Being Course Practices Disclaimer

(1)     Introduction

 

This disclaimer governs your use of the on-line chi gong and yoga exercise classes and other exercises and practices contained in the Fully Being online course. (Herein all are termed “practices”).

 

You acknowledge that all practices (contained within the corpus of the involve a risk of personal injury, including a small risk of serious injury or death, and agree to take responsibility for your health and well-being in relation to the practices contained in the modules of the on-line course.

 

(2)     Health and medical conditions

 

You acknowledge and represent that:

 

  • to the best of your knowledge, you suffer from no medical, psychological or physical condition or disability that will or might increase the normal risks associated with the practices in this course.

 

(3)     No representations or warranties

 

To the maximum extent permitted by applicable law and subject to we exclude all representations, warranties, undertakings and guarantees relating to the practices within the course.

 

Without prejudice to the generality of the foregoing paragraph, we do not represent, warrant, undertake or guarantee:

  • that you will not suffer from any injury arising directly or indirectly out the practices within the course;

 

  • that your fitness or psychological health will measurably improve as a result of participation in the practices within the course.

 

  • that the practices in the course will continue to run for any specific period.

 

(4)     Limitations and exclusions of liability

 

The limitations and exclusions of liability set out in this section and elsewhere in this disclaimer: are subject to section 5 below; and govern all liabilities arising under the disclaimer or in relation to the practices in the Fully Being course, including liabilities arising in contract, in tort (including negligence) and for breach of statutory duty.

 

We will not be liable to you in respect of any personal injury (including without limitation serious injury or death) that you may suffer or sustain directly or indirectly as a result of performing the practices in the course. Nor will we be liable to you in respect of any other losses arising as a result of any such personal injury.

 

We will not be liable to you in respect of any losses arising out of any event or events beyond our reasonable control.

 

We will not be liable to you in respect of any business losses, including (without limitation) loss of or damage to profits, income, revenue, use, production, anticipated savings, business, contracts, commercial opportunities or goodwill.

 

We will not be liable to you in respect of any special, indirect or consequential loss or damage.

 

(5)     Exceptions

 

Nothing in this disclaimer shall: limit or exclude our liability for death or personal injury resulting from negligence; limit or exclude our liability for fraud or fraudulent misrepresentation; limit any of our liabilities in any way that is not permitted under applicable law; or exclude any of our liabilities that may not be excluded under applicable law.

 

(6)     Severability

 

If a section of this disclaimer is determined by any court or other competent authority to be unlawful and/or unenforceable, the other sections of this disclaimer continue in effect.

 

If any unlawful and/or unenforceable section would be lawful or enforceable if part of it were deleted, that part will be deemed to be deleted, and the rest of the section will continue in effect.

 

(8)     Our details

 

In this disclaimer, “we” means (and “us” and “our” refer to) Pundarika Foundation, POB 57, Crestone, CO, 81131. Fully Being is under the non-profit status of Pundarika Foundation.

 

(10)   Instructors

 

The limitations and exclusions of liability in this disclaimer protect our instructors as well as protecting us.