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1. BINDING EFFECT. This is a binding legal agreement between you and SURYA TRIANGLE LLC (the "Company"). By using the Internet site located at WWW.SURYASUCCESS.COM (the "Site"), any of the content, information or other materials appearing on the Site (collectively, the "Content") or any services or sessions provided in connection with the Site (collectively, the "Services"), you agree to abide by these Terms and Conditions of Use, as they may be amended by the Company from time to time in its sole discretion. The Company will post a notice on the Site any time these Terms and Conditions of Use have been changed or otherwise updated. It is your responsibility to review these Terms and Conditions of Use periodically, and if at any time you find these Terms and Conditions of Use unacceptable, you must immediately leave the Site and cease all use of the Site, the Content and the Services. Please read these Terms and Conditions of Use carefully before using the Site, the Content or the Services, because by using the Site, the Content or the Services you are agreeing to be bound by these Terms and Conditions of Use. YOU AGREE THAT BY USING THE SITE, THE CONTENT OR THE SERVICES YOU REPRESENT THAT YOU ARE AT LEAST EIGHTEEN (18) YEARS OF AGE AND THAT YOU ARE LEGALLY ABLE TO ENTER INTO THIS AGREEMENT.
2. ELECTRONIC AGREEMENT. By using the Site, the Content or the Services, you consent to have these Terms and Conditions of Use provided to you in electronic form. In order to access and retain these Terms and Conditions of Use in its electronic form, you must have access to the Internet, either directly or through devices that access Internet-based content, and must pay any service fees associated with such access. In addition, you must use all equipment necessary to make such connection to the Internet, including a computer and modem or other access device. Please print a copy of these Terms and Conditions of Use for your records. To retain an electronic copy of these Terms and Conditions of Use, you may save them into any word processing program. Through the Site, we will notify you of any changes in the hardware or software requirements needed to access or retain these Terms and Conditions of Use that create a material risk that you will not be able to continue to access or retain these Terms and Conditions of Use in their electronic form.
3. BOOKMARKS. You agree that any action on your part to bookmark to a page on the Site whereby these Terms and Conditions of Use or any other agreements, policies or practices of Company contained on the Site are bypassed shall constitute your implicit acceptance of these Terms and Conditions of Use and all other such agreements, policies or practices as well as your explicit acknowledgment that you are at least eighteen (18) years of age and that you are legally able to enter into this agreement.
4. PRIVACY POLICY. The Company respects your privacy and permits you to control the treatment of your personal information. A complete statement of the Company's current privacy policy can be found elsewhere on the Site. Please read this privacy policy carefully. This privacy policy is expressly incorporated into this Agreement by this reference. In order to take advantage of certain features on the Website, you may be required to create an account and become a Member. Currently, you may use the Site, the Content and the Services at no cost. We reserve the future right to charge a membership, subscription or other type of fee to use the Site, the Content or the Services (collectively, "Membership Fees"). If and when you are required to create an account to use or access the Site, the Content or the Services, you must complete the registration process by providing the complete and accurate information requested on the registration form. You may be asked to provide a user name and password. You are entirely responsible for maintaining the confidentiality of your user name and password. You may not use the account, user name or password of someone else at any time. You agree to notify the Company immediately on any unauthorized use of your account, user name or password. The Company shall not be liable for any loss that you incur as a result of someone else using your user name or password, either with or without your knowledge. You may be held liable for any losses incurred by the Company or its parents, subsidiaries, affiliates, shareholders, directors, officers, members, managers, partners, trustees, employees, consultants, contractors, advisors, successors, assigns, agents and representatives (collectively, our "Related Parties") due to someone else's use of your account, user name or password.
5. USE OF SOFTWARE. The Company may make certain software available to you from the Site. If you download software from the Site, the software, including all files and images contained in or generated by the software, and accompanying data (collectively, the "Software") are deemed to be licensed to you by the Company, for your personal, noncommercial, home use only. The Company does not transfer either the title or the intellectual property rights to the Software, and the Company retains full and complete title to the Software as well as all intellectual property rights therein. You may not sell, redistribute or reproduce the Software, nor may you decompile, reverse-engineer, disassemble or otherwise convert the Software to a human-perceivable form. All trademarks and logos are owned by the Company or its licensors and you may not copy or use them in any manner.
6. USER CONTENT. You grant the Company a license to use any materials you may post to the Site. By posting, downloading, displaying, performing, transmitting or otherwise distributing information or other content (collectively, the "User Content") to the Site, you are granting the Company and its Related Parties a non-exclusive, worldwide, perpetual, irrevocable, royalty-free, sub-licensable license to use the User Content in connection with the operation of their respective businesses, including, without limitation, a right to copy, distribute, transmit, publicly display, publicly perform, reproduce, edit, translate and reformat the User Content. You will not be compensated for any of the User Content. You agree that the Company may publish or otherwise disclose your name in connection with the User Content. By posting the User Content on or in the Site, the Content or the Services, you warrant and represent that you own the rights to the User Content or are otherwise authorized to post, distribute, display, perform, transmit or otherwise distribute the User Content.
7. NO RELIANCE ON CONTENT. Opinions, advice, statements, offers and other User Content made available by users or other persons on the Site other than the Company are those of their respective authors, and may not reflect the views of the Company or its Related Parties. You acknowledge that the Company simply acts as a passive conduit and an interactive computer service provider for the publication, distribution or other dissemination of such opinions, advice, statements, offers and other User Content. The Company is not responsible for the validity of such opinions, advice, statements, offers and other User Content. You further acknowledge that you will not represent or imply that any statements a user makes are endorsed by the Company. The Company does not adopt, endorse or accept responsibility for the accuracy or reliability of any opinions, advice, statements, offers and other User Content made available by users or other persons on the Site other than the Company. You understand that the Company does not control, and is not responsible for, the opinions, advice, statements, offers and other User Content made available by users or other persons on the Site and that by using the Site you may be exposed to opinions, advice, statements, offers and other User Content that may be inaccurate, misleading, or offensive. You agree that you must evaluate and make your own judgment, and bear all risks associated with, the use of any such opinions, advice, statements, offers and other User Content.
8. COMPLIANCE WITH INTELLECTUAL PROPERTY LAWS. When accessing the Site or the Content or using the Services, you agree to obey the law and to respect the intellectual property rights of others. Your use of the Site, the Content or the Services is at all times governed by and subject to laws regarding copyright ownership and use of intellectual property. You agree not to upload, download, display, perform, transmit or otherwise distribute any Content in violation of any person's copyrights, trademarks or other intellectual property or proprietary rights. You agree to abide by laws regarding copyright ownership and use of intellectual property, and you shall be solely responsible for any violations of such laws and for any infringements of person's rights caused by any Content you provide or transmit (including your User Content) or that is provided or transmitted using your account, user name or password. The burden of proving that any Content does not violate any such laws or such person's rights rests solely with you.
9. INAPPROPRIATE CONTENT. You shall not make the following types of Content available. You agree not to upload, download, display, perform, transmit or otherwise distribute any Content that (a) is libelous, defamatory, obscene, pornographic, abusive, threatening, harmful, harassing, inaccurate, profane, offensive, sexually oriented or racially or ethnically derogatory, (b) advocates or encourages conduct that could constitute a criminal offense, give rise to civil liability or otherwise violate any applicable local, state, national or foreign law or regulation, (c) advertises or otherwise solicits funds or is a solicitation for goods or services, (d) violates or infringes upon the rights of another person (including copyrights, trademarks, trade names, other intellectual property rights, rights of privacy or rights of publicity), (e) includes your personal information or the personal information of any other person, including names, profiles, telephone numbers, street addresses, URLs or email addresses, or (f) is damaging, or could reasonably be expected to be damaging, to the Company, to the Company's name, reputation or business, to the Site or to any of its users. The Company reserves the right to terminate your receipt, transmission or other distribution of any such material using the Site or the Services, and, if applicable, to delete any such material from its servers. The Company intends to cooperate fully with any law enforcement officials or agencies in the investigation of any violation of these Terms and Conditions of Use or of any applicable laws.
10. COPYRIGHT INFRINGEMENT. The Company has in place certain legally mandated procedures regarding allegations of copyright infringement occurring on the Site, with the Content or with the Services. The Company has adopted a policy that provides for the immediate suspension and/or termination of any Site, Content or Service user who is found to have infringed on the rights of the Company or any other person, or otherwise violated any intellectual property laws or regulations. The Company's policy is to investigate any allegations of copyright infringement brought to its attention. If you have evidence, know, or have a good faith belief that your rights or the rights of any other person have been violated and you want the Company to delete, edit or disable the material in question, you must provide the Company with all of the following information: (a) a physical or electronic signature of a person authorized to act on behalf of the owner of the exclusive right that is allegedly infringed; (b) identification of the copyrighted work claimed to have been infringed, or, if multiple copyrighted works are covered by a single notification, a representative list of such works; (c) identification of the material that is claimed to be infringed or to be the subject of infringing activity and that is to be removed or access to which is to be disabled, and information reasonably sufficient to permit the Company to locate the material; (d) information reasonably sufficient to permit the Company to contact you, such as an address, telephone number, and if available, an electronic mail address at which you may be contacted; (e) a statement that you have a good faith belief that use of the material in the manner complained of is not authorized by the copyright owner, its agent, or the law; and (f) a statement that the information in the notification is accurate, and under penalty of perjury, that you are authorized to act on behalf of the owner of an exclusive right that is allegedly infringed. For this notification to be effective, you must provide it to Company's designated agent at evolve@suryatriangle.com.
11. ALLEGED VIOLATIONS. The Company reserves the right to terminate your use of the Site, the Content or the Services. To ensure that the Company provides a high quality experience for you and for other users of the Site, the Content and the Services, you agree that the Company or its representatives may access your account and records on a case-by-case basis to investigate complaints or allegations of abuse, infringement of any person's rights or other unauthorized uses of the Site, the Content or the Services. The Company does not intend to disclose the existence or occurrence of such an investigation unless required by law, but the Company reserves the right to terminate your account or your access to the Site, the Content or the Services immediately, with or without notice to you, and without liability to us, if the Company believes that you have violated any of the Terms and Conditions of Use, furnished the Company with false or misleading information, or interfered with use of the Site, the Content or the Services by others.
12. NO WARRANTIES. THE COMPANY HEREBY DISCLAIMS ALL WARRANTIES. THE COMPANY IS MAKING THE SITE, THE CONTENT AND THE SERVICES AVAILABLE IN "AS IS", "WHERE IS" AND "WITH ALL FAULTS" CONDITION WITHOUT WARRANTIES OF ANY KIND. YOU ASSUME THE RISK OF ANY AND ALL DAMAGE OR LOSS FROM USE OF, OR INABILITY TO USE, THE SITE, THE CONTENT OR THE SERVICES. TO THE MAXIMUM EXTENT PERMITTED BY LAW, THE COMPANY EXPRESSLY DISCLAIMS ANY AND ALL WARRANTIES, EXPRESS OR IMPLIED, REGARDING THE SITE, THE CONTENT AND THE SERVICES, INCLUDING, BUT NOT LIMITED TO, ANY IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, OR NONINFRINGEMENT. THE COMPANY DOES NOT WARRANT THE ACCURACY OR RELIABILITY OF ANY OPINIONS, ADVICE, STATEMENTS, OFFERS OR OTHER USER CONTENT MADE AVAILABLE BY USERS OR OTHER PERSONS ON THE SITE. THE COMPANY DOES NOT WARRANT THAT THE SITE, THE CONTENT OR THE SERVICES WILL MEET YOUR REQUIREMENTS OR THAT THE OPERATION OF THE SITE, THE CONTENT OR THE SERVICES WILL BE UNINTERRUPTED OR ERROR-FREE.
13. LIMITED LIABILITY. THE COMPANY'S LIABILITY TO YOU IS LIMITED TO THE MAXIMUM EXTENT PERMITTED BY LAW. IN NO EVENT SHALL THE COMPANY BE LIABLE FOR DAMAGES OF ANY KIND (INCLUDING, BUT NOT LIMITED TO, DIRECT OR INDIRECT, SPECIAL, INCIDENTAL, CONSEQUENTIAL, PUNITIVE OR EXEMPLARY DAMAGES, LOST PROFITS, OR LOST DATA, REGARDLESS OF THE FORESEEABILITY OF THOSE DAMAGES) ARISING OUT OF OR IN CONNECTION WITH YOUR USE OF THE SITE, THE CONTENT OR THE SERVICES. THIS LIMITATION SHALL APPLY REGARDLESS OF WHETHER THE DAMAGES ARISE OUT OF BREACH OF CONTRACT, TORT, OR ANY OTHER LEGAL THEORY OR FORM OF ACTION. TO THE EXTENT PERMISSIBLE UNDER APPLICABLE LAW, THE COMPANY'S AGGREGATE LIABILITY TO YOU UNDER ANY AND ALL CIRCUMSTANCES SHALL BE LIMITED TO ONE HUNDRED DOLLARS ($100.00).
14. THIRD PARTY SITES. A number of third party websites may be linked to the Site (collectively, the "Third Party Sites"). The Company has no control over, and no liability for, any Third Party Sites or their content, services or performance. Because neither the Company nor the Site has control over the Third Party Sites or their content, services or performance, the Company makes no guarantees about the accuracy, currency, content or quality of the information provided by such Third Party Sites, and the Company assumes no responsibility for unintended, objectionable, inaccurate, misleading or unlawful content that may reside on such Third Party Sites. Similarly, from time to time in connection with your use of the Site, you may have access to content items (including, but not limited to, websites) that are owned by third parties. You acknowledge and agree that the Company makes no guarantees about, and assumes no responsibility for, the accuracy, currency, content or quality of this third party content, and that, unless expressly provided otherwise, these Terms and Conditions of Use shall govern your use of any and all third party content.
15. PROHIBITED USES. The Company imposes certain restrictions on your permissible use of the Site, the Content and the Services. You are prohibited from violating or attempting to violate any security features of the Site, the Content or the Services, including, without limitation, (a) accessing content or data not intended for you or logging onto a server or account that you are not authorized to access, (b) attempting to probe, scan or test the vulnerability of the Site, the Content or the Services, or any associated system or network, or to breach security or authentication measures without proper authorization, (c) interfering or attempting to interfere with service to any user, host or network, including, without limitation, by means of submitting a virus to the Site, the Content or the Services, overloading, "flooding", "spamming", "mail bombing", or "crashing", (d) using the Site, the Content or the Services to send unsolicited e-mail, including, without limitation, promotions, or advertisements for products or services, (e) forging any TCP/IP packet header or any part of the header information in any e-mail or in any posting using the Services, (f) attempting to modify, reverse-engineer, decompile, disassemble or otherwise reduce or attempt to reduce to a human-perceivable form any of the source code used by Company in providing the Site, the Content or the Services, (g) using any device, software or routine to interfere or attempt to interfere with the proper working of the Site, the Content or the Services, and (h) taking any action which imposes an unreasonable or disproportionately large load on the Site's infrastructure. Any violation of system or network security may subject you to civil and/or criminal liability.
16. INDEMNITY. You agree to indemnify, save, defend and hold harmless the Company and its Related Parties from and against any and all liens, claims, demands, actions, causes of action, lawsuits, proceedings, debts, liabilities, damages, fines, penalties, judgments, settlements or other obligations (whether joint or several and including attorneys' fees and other legal expenses) of any kind, nature, character or description whatsoever, whether known or unknown, present or future, existing or suspected to exist, which the Company or any of its Related Parties is or may become liable for or be compelled to pay arising or resulting in any way from (a) your access to or use of the Site, the Content or the Services (b) your User Content, (c) your violation or breach of any of the provisions of these Terms and Conditions of Use, (d) your violation of or infringement upon any person's rights, including any person's intellectual property rights, rights of privacy or rights of publicity, (e) your other acts or omissions, and (f) the acts or omissions of any other person using your account, user name or password. The Company reserves the right, at your sole cost and expense, to assume the exclusive defense and control of any matter for which you are required to indemnify the Company or any of its Related Parties and you agree to cooperate in the defense of any such matter. You hereby agree not to settle any such matter without the Company's prior written consent. The Company will use reasonable efforts to notify you of any such matter upon becoming aware of it.
17. COPYRIGHT. The Site, the Contents and the Services are: "COPYRIGHT 2013 SURYA TRIANGLE LLC. ALL RIGHTS RESERVED." The Site, the Content and the Services are protected by copyright as a collective work and/or compilation, pursuant to federal copyright laws, international conventions and other copyright laws. You may not reproduce, modify, adapt, translate, exhibit, publish, transmit, participate in the transfer or sale of, create derivative works from, distribute, perform, display, reverse engineer, decompile or dissemble, proxy cache or in any way use or exploit the Site, the Content or the Services, in whole or in part.
18. TRADEMARK. SURYA SUCCESS, SURYA TRIANGLE, SURYA, and SURYA RECONNECT are trademarks of the Company. You may not use or otherwise exploit this trademark in any manner whatsoever.
19. REFUND POLICY. The Company has a no refund policy.
20. SERVICES. The Company and all affiliated parties and associations make no specific claims, promises or guarantees with regard to the Services, and are neither diagnosing, treating, curing, or preventing any specific health challenges. You understand that you are accepting the Services under free will. You recognize that some of the Services require physical exertion which may be strenuous and may cause physical injury. You are fully aware of the risks and hazards that may be involved. You understand that it is your responsibility to consult with a physician prior to and regarding your participation in the Services. You understand that the Company is not a licensed medical provider and that you are solely responsible for seeking and continuing your medical care with appropriate licensed physicians. You represent and warrant that you are physically fit and have no medical condition which would prevent your participation in the Services. In consideration of being permitted to participate in the Services, you agree to assume full responsibility for any injuries, damages, or health challenges, known or unknown, which you may incur or sustain, as a result of participating in the Services. You agree to hold the Company and all affiliated parties and associations free of responsibility and liability of any injuries, damages, or health challenges of any kind.
21. TERMINATION. The Company may, in its sole discretion, terminate or suspend your access to the Site, the Content or the Services at any time and for any reason, with or without notice. In the event of such termination or suspension due to your breach of any of these Terms and Conditions of Use or any other agreements, policies or practices of Company contained on the Site, you will not be entitled to any refund of unused Membership Fees, if any. Otherwise, you will be entitled to a refund of unused Membership Fees, if any. You may terminate your access to the Site, the Content or the Services at any time and for any reason by sending to the Company email notice of such termination to evolve@suryatriangle.com. In the event of such termination, you will not be entitled to any refund of unused Membership Fees, if any. Otherwise, you will be entitled to a refund of unused Membership Fees, if any.
22. GOVERNING LAW. These Terms and Conditions of Use shall be construed in accordance with and governed by the laws of the United States and the State of California, without reference to their rules regarding conflicts of law. You hereby irrevocably consent to the exclusive jurisdiction of the state or federal courts in Los Angeles County, California, USA in all disputes arising out of or related to the use of the Site, the Content or the Services.
23. EQUITABLE RELIEF. Notwithstanding any other provision of these Terms and Conditions of Use, the Company reserves the right to seek the remedy of specific performance of any provision contained herein, or a preliminary or permanent injunction against the breach of any such provision or in aid of the exercise of any power granted herein, or any combination thereof. You hereby agree that monetary damages may not provide a sufficient remedy to the Company under such circumstances and hereby consent to such injunctive or other equitable relief.
24. SEVERABILITY; WAIVER. If, for whatever reason, a court of competent jurisdiction finds any term or condition in these Terms and Conditions of Use to be unenforceable, all other terms and conditions will remain unaffected and in full force and effect. No waiver of any breach of any provision of these Terms and Conditions of Use shall constitute a waiver of any prior, concurrent, or subsequent breach of the same or any other provisions hereof, and no waiver shall be effective unless made in writing and signed by an authorized representative of the waiving party.
25. NO LICENSE. Nothing contained on the Site should be understood as granting you a license to use any of the trademarks, trade dress, service marks, logos, copyrights, patents or other intellectual property rights owned by the Company or by any other person.
26. CALIFORNIA USE ONLY. The Site is controlled and operated by the Company from its offices in the State of California. The Company makes no representation that the Site, the Content or the Services are available or appropriate for use in other locations. Your use of or access to the Site, the Content and the Services should not be construed as the Company’s purposefully availing itself of the benefits or privilege of doing business in any state or jurisdiction other than California.
27. MODIFICATIONS. The Company may, in its sole discretion and without prior notice, revise these Terms and Conditions of Use and modify the Site, the Content or the Services, including any the user fees and costs that may be associated therewith. The Company shall post any revision to these Terms and Conditions of Use on the Site, and the revision shall be effective immediately on such posting. You agree to review these Terms and Conditions of Use and other online policies posted on the Site periodically to be aware of any revisions. You agree that, by continuing to use or access the Site, the Content or the Services following notice of any revision, you shall abide by any such revision.
28. CONSTRUCTION. No inference, assumption or presumption shall be drawn from the fact that the Company prepared or drafted these Terms and Conditions of Use. It shall be conclusively presumed that both you and the Company participated equally in such preparation or drafting. The headings in these Terms and Conditions of Use have been inserted solely for ease of reference and shall not modify, in any manner whatsoever, the meaning or scope of any provisions in these Terms and Conditions of Use. The singular number shall be interpreted as the plural number and the gender shall be interpreted as masculine, feminine or neuter, each as the context dictates. The words “including,” “include,” or “includes” or words of similar import shall not, unless otherwise provided, be construed as words of limitation. The word “or” shall be deemed to include the word “and/or”. The word “person” shall mean any individual or entity.
29. ENTIRE AGREEMENT. These Terms and Conditions of Use is Agreement contain the entire understanding between you and the Company concerning the subject matter hereof and supersedes and replaces all prior understandings and agreements, whether oral or written, express or implied, between you and the Company respecting the subject matter hereof.
30. ASSIGNMENT. Subject to any restrictions set forth herein, these Terms and Conditions of Use shall be binding upon you and the Company and the successors and permitted assigns of each. You may not assign or otherwise transfer these Terms and Conditions of Use or any of your rights or obligations hereunder. Any such attempted assignment shall be void, unenforceable and of no force and effect. The Company may freely assign or otherwise transfer these Terms and Conditions of Use or any of its rights or obligations hereunder and upon doing so will be relieved of any and all responsibilities in connection therewith.
31. INVALIDITY. In the event that any provision of these Terms and Conditions of Use should ever be adjudicated by a court of competent jurisdiction to be illegal, invalid or unenforceable in any respect, as determined by such court in such action, then such provision will be deemed reformed to the maximum extent permitted by applicable law, and you hereby acknowledge your desire to have such action be taken in such event. In addition to the above, the provisions of these Terms and Conditions of Use are severable, and the illegality, invalidity or unenforceability of any provision hereof will not affect the validity or enforceability of any other provision hereof, which will remain in full force and effect as if executed with the illegal, invalid or unenforceable provision eliminated. Notwithstanding the foregoing, you hereby affirmatively represent and acknowledge that these Terms and Conditions of Use and each of its provisions are enforceable in accordance with their terms, and expressly agree not to challenge such enforceability at any time in the future.
32. NO WAIVER. The waiver by the Company of any breach of any provision of these Terms and Conditions of Use shall not operate as or be construed as a continuing waiver or as a consent to or waiver of any subsequent breach thereof.
33. DISCONTINUATION. THE COMPANY MAY, IN ITS SOLE DISCRETION AND WITHOUT PRIOR NOTICE, DISCONTINUE THE SITE, THE CONTENT OR THE SERVICES AT ANY TIME, WITH THE RESULT BEING THAT YOU WILL NO LONGER HAVE ACCESS TO THE SITE, THE CONTENT OR THE SERVICES, AS APPROPRIATE.
34. ACKNOWLEDGEMENT. BY ACCESSING THE SITE OR THE CONTENT OR BY USING THE SERVICES, YOU ACKNOWLEDGE THAT YOU HAVE READ THESE TERMS AND CONDITIONS OF USE AND AGREE TO BE BOUND BY THEM. IF YOU DO NOT AGREE WITH ALL OF SUCH TERMS AND CONDITIONS OF USE, YOU MUST NOT USE THE SITE.