ABOUT AYURVEDA

Ayurveda means “the science of life”.  It is an ancient wellness system that focuses on the complete person which includes the body, mind, and spirit.  Ayurveda looks at wellness not as “the absence of disease”, but instead, when all bodily tissues, organs, systems, and functions are acting together in a way that enables optimal health despite the presence of potential illness-causing influences.  Ayurveda teaches us that by balancing the various mind-body functions, the natural intelligence of the body will automatically bring itself to wellness.

Ayurveda recognizes that each person has a unique mind-body constitution.  Ayurveda identifies an individual’s mind-body constitution, determines where imbalances may exist, and provides education, guidance, and options for helping the individual nourish, stimulate, and balance vital energy to bring about their own improvements in health and wellness.  Ayurvedic practices focus on clearing disturbances and balancing metabolic and energetic patterns that support constitutional resilience. It is the individual’s correct implementation of the right Ayurvedic practices that bring about balance and wellness. 

Ayurveda is not licensed as a medical discipline or practice in any state or other jurisdiction in the United States.  Ayurveda is complementary to and supportive of traditional Western medicine, and as practiced in the United States, does not replace medical diagnosis, treatment, or prescribing. 

Even though Ayurvedic physicians practice Ayurvedic medicine in India, they are not licensed to practice medicine in the United States.  When we refer to a physician from India as a “doctor”, we acknowledge the physician’s academic attainment, not his or her license to practice medicine in the United States.

ABOUT AYURPRANA

AyurPrana is a community that has come together to simplify the path to overall health and wellness.  AyurPrana brings time-tested, well-established, mind-body-spirit practices directly to you in your own home.  AyurPrana understands that health and wellness is not a one-size-fits-all pill, and it believes in the power of personalized services that promote inner healing and overall well-being.  Together, we will revolutionize the way the world looks at health.

AyurPrana provides a variety of online services, including:

• Ayurvedic consultations
• Ayurvedic diet and lifestyle counseling and education
• Group and private yoga, meditation, lifestyle, and pranayama classes

AyurPrana can also connect you to a practitioner for bodywork treatments, including marma, oil therapies, massage, reiki, and color therapy.
For more information about AyurPrana and its offerings, contact AyurPrana at care@liveayurprana.com.

OUR IMMERSIONS/WEBINARS

1. Nature and Expected Format

AyurPrana’s Immersions and Webinars (the “Programs”) are intended to provide educational information and community support to individuals interested in learning about Ayurveda, yoga, and other complementary subjects. 

Some of the ayurvedic and yoga practices can cause undue pain, discomfort, or mood changes. By accepting the terms of this General Information and Terms of Service document (the “Agreement”), you agree to take this education as education only. By completion of the course, you are not licensed by your state to touch another being and must follow the laws of the state or country that you reside in.  

NOTHING ASSOCIATED WITH THE PROGRAM IS INTENDED AS MEDICAL ADVICE OR TO REPLACE DISCUSSIONS WITH YOUR PHYSICIAN.  IF YOU ARE ON MEDICATION OR HAVE BEEN DIAGNOSED WITH ANY MEDICAL CONDITION, YOU SHOULD CONSULT YOUR PHYSICIAN PRIOR TO BEGINNING THE PROGRAM.  IF YOU HAVE A MEDICAL CONCERN RELATED TO THE PROGRAM, IMMEDIATELY CONSULT YOUR PHYSICIAN.  IF YOU EXPERIENCE ANY ADVERSE REACTION IN CONNECTION WITH THE PROGRAM, IMMEDIATELY DISCONTINUE THE SUBSTANCE OR ACTIVITY CAUSING THE REACTION, AND CONSULT YOUR PHYSICIAN. 

1. Program Description

Once you are registered for the Program, you are eligible to participate in the following activities (the “ Activities”):

1. A “kick-off” webinar, where applicable 

1. During each day of the course 

• access to daily content through AyurPrana’s AyurLean online portal, which will include guided processes to deepen your understanding of the material and  instructional videos; and
• weekly content review
• The ability, during the kick-off webinar and daily online chat, to ask AyurPrana-related questions.

The kick-off webinar, and daily online meetings, will be recorded. You will have access to the recordings from the learning portal. You agree and acknowledge that AyurPrana reserves the right to limit, restrict, and modify access to the recordings at any time. 

CANCELLATIONS AND TERMINATIONS

Programs with live content may be canceled up to 72 hours prior to the start date of the program. Pre-recorded programs are non-refundable. Please contact care@liveayurprana.com to submit a request for cancellation. You acknowledge that AyurPrana may charge up to a 10% processing fee for refunds. 

You may cancel your registration for the Program by sending a request for cancellation to care@liveayurprana.com.

Although it does not expect to do so, AyurPrana may at any time, and for any reason, in its sole discretion, cancel or reschedule the Program, or any of the Activities.

AyurPrana reserves the right, at any time, to terminate your ability to participate in the Program and any Activity, if AyurPrana determines, in its sole discretion, that you have acted in, or have threatened to act in, an offensive or otherwise inappropriate manner.  AyurPrana also reserves the right, in its sole discretion, and for any reason, to at any time edit, delete, restrict, or terminate access to, any of its recorded content. 

OUR MEMBERSHIPS AND SUBSCRIPTIONS

1.1. Your AyurPrana+ application membership will continue until terminated. To use the AyurPrana+ service you must have Internet access and a compatible device, and provide us with one or more Payment Methods. “Payment Method” refers to any current, valid, accepted mode of payment, as may be updated from time to time, and which may include payment through your account with a third party. Unless you cancel your membership before your billing date, you authorize us to charge the membership fee for the next billing cycle to your Payment Method (see "Cancellation" below). If you purchase the annual subscription, your membership fee will be deducted in 12 installments over a period of a year.

Some membership plans may have differing conditions and limitations, which will be disclosed at your sign-up or in other communications made available to you. You can find specific details regarding your Ayurprana+ membership on the AyurPrana+ application.

1. Promotions. We may from time to time offer special promotional offers, plans or memberships (“Promotion(s)”). Promotion(s) eligibility is determined by AyurPrana at its sole discretion and we reserve the right to revoke a Promotion and put your account on hold in the event that we determine you are not eligible. Members of households with an existing or recent AyurPrana membership may not be eligible for certain introductory Promotion(s). We may use information such as device ID, method of payment, or an account email address used with an existing or recent AyurPrana+ membership to determine Promotion(s) eligibility. The eligibility requirements and other limitations and conditions will be disclosed when you sign up for the Promotion(s) or in other communications made available to you.
2. Billing and Cancellation
   
   3.1. Billing Cycle. The membership fee for the AyurPrana+ service and any other charges you may incur in connection with your use of the service, such as taxes and possible transaction fees, will be charged to your payment method on the specific payment date indicated on the "Account" page. The length of your billing cycle will depend on the type of subscription that you choose when you sign up for the service. In some cases, your payment date may change, for example, if your payment method has not successfully settled, when you change your subscription plan, or if your paid membership began on a day not contained in a given month. If you signed up for AyurPrana+ service using your account with a third party as a payment method, you can find the billing information about your AyurPrana+ service membership by visiting your account with the applicable third party.
   
   3.2. Cancellation. You can cancel your AyurPrana+ service membership at any time, and you will continue to have access to the AyurPrana+ service through the end of your billing period. To the extent permitted by the applicable law, payments are non-refundable and we do not provide refunds or credits for any partial membership periods or unused AyurPrana+ content. If you cancel your membership, your account will automatically close at the end of your current billing period. If you purchase the annual subscription, your membership fee will be deducted in 12 installments over a period of a year and any cancellations made during the term will only be canceled after the 12-month period.
   
   3.3. Changes to the Price and Subscription Plans. We may change our subscription plans and the price of our service from time to time; however, any price changes or changes to your subscription plans will apply no earlier than 30 days following notice to you.

INTELLECTUAL PROPERTY

A copyright and all other proprietary rights in the Program and its content, including (without limitation), software, audio, video, text, and photographs (the “Content”) rests with AyurPrana or its licensors.  All rights in the Content not expressly granted herein are reserved.  Any use of the Content, including (without limitation), distribution, reproduction, modification, display, or transmission, without the prior written consent of AyurPrana, is strictly prohibited.  All copyright and other proprietary notices shall be retained on all reproductions.

GENERAL DISCLAIMER

AYURPRANA MAKES NO PROMISE OF BENEFITS, CLAIM OF CURE, OR GUARANTEE OF RESULTS TO BE ACHIEVED IN CONNECTION WITH ANY OF ITS SERVICES OR PRODUCTS.  DO NOT DISREGARD MEDICAL ADVICE OR DELAY IN SEEKING IT BECAUSE OF ANY SERVICE, PRODUCT, MATERIAL, OR OTHER INFORMATION, PROVIDED BY OR THROUGH AYURPRANA.  CONSULT WITH A LICENSED HEALTHCARE PRACTITIONER BEFORE ALTERING OR DISCONTINUING ANY MEDICATION, TREATMENT, OR CARE, OR STARTING ANY DIET, EXERCISE, OR SUPPLEMENTATION PROGRAM, OR IF YOU HAVE, OR SUSPECT YOU MAY HAVE, A HEALTH CONDITION THAT REQUIRES MEDICAL ATTENTION.  ALL SERVICES AND PRODUCTS PROVIDED BY OR THROUGH AYURPRANA ARE PROVIDED “AS IS” AND WITHOUT ANY EXPRESS OR IMPLIED WARRANTIES, INCLUDING (WITHOUT LIMITATION) WARRANTIES OF RELIABILITY, USEFULNESS, MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, OR NON INFRINGEMENT. 

COMPLEMENTARY SERVICES

The services provided by AyurPrana and its practitioners are complementary to, and not a substitute for, health care services provided by health care practitioners licensed by the State of New Mexico, or another state or jurisdiction in the United States.  Although some of AyurPrana’s practitioners may be licensed to practice medicine or other forms of health care, they do not, through AyurPrana, provide medical care, or any other form of healthcare which requires a professional license in New Mexico or any other state or jurisdiction in the United States, and AyurPrana does not provide such services.

OUR AYURVEDIC PRACTITIONERS

A list of AyurPrana’s practitioners is attached to, and incorporated as part of, this Agreement.  AyurPrana may update this list at any time.  If you have a previously scheduled appointment or activity that is impacted by a change to AyurPrana’s list of practitioners, AyurPrana will notify you of the change.

PROHIBITED ACTIVITIES

Neither AyurPrana nor its practitioners shall engage in any of the following activities, which are prohibited under New Mexico law: perform surgery on an individual; set fractures on an individual; administer x-ray radiation to an individual; prescribe or dispense dangerous drugs or controlled substances to an individual; directly manipulate the joints or spine of an individual; physically invade the body except for the use of non-prescription topical creams, oils, salves, ointments, tinctures or any other preparations that may penetrate the skin without causing harm; make a recommendation to discontinue current medical treatment prescribed by a licensed health care practitioner; make a specific conventional medical diagnosis; have sexual contact with a current client or former client within one year of rendering service; falsely advertise or provide false information in certain informational documents provided to clients; illegally use dangerous drugs or controlled substances; reveal confidential information of a patient without the patient’s written consent; engage in fee splitting or kickbacks for referrals; refer to the practitioner’s self as a licensed doctor or physician or other occupational title pursuant to Chapter 61 NMSA 1978; or perform massage therapy on an individual pursuant to the Massage Therapy Practice Act.

We strictly prohibit harassment in any manner or form on the site and application including via e-mail, chat, comments or by use of obscene or abusive language. Impersonation of any person or entity, including Ayurprana and/or other vendor(s), employee(s), host, or representative(s), as well as other members or visitors, is prohibited. You may not upload to, distribute, or otherwise publish through the application any content that is libelous, defamatory, obscene, threatening, invasive of privacy or publicity rights, abusive, illegal, or otherwise objectionable which may constitute or encourage a criminal offense, violate the rights of any party or which may otherwise give rise to liability or violate any law. You may not upload commercial content on the application or use the application to solicit others to join or become members of any other commercial online service or other organization.

CHARGES / PAYMENT

Payment is required in advance of any service or product provided by or through AyurPrana. You may pay using a debit or credit card, or any other form of payment accepted by AyurPrana.  Interest on all unpaid amounts shall accrue at a rate of one and one-half percent (1.5%) per month, or the highest interest rate allowable by law, whichever is lower. You are responsible for all costs and expenses related to the collection of any amounts due, including (without limitation) any collection agency fees, court costs, and attorney’s fees.  You have a right to, and we will provide you, reasonable notice of changes in AyurPrana’s services or the charges for such services. 

AyurPrana, for some of the courses offers a 'buy now, pay later’ option. AyurPrana offers this service through a third-party service provider.  Any payments made by you using the 'buy now, pay later’ option are processed by the third-party service provider. By using the buy now, pay later payment option, you acknowledge that, (i) AyurPrana does not bear any responsibility or liability for any third-party practices including without limitation any data collection practices, payment processing practices, and/or any disputes arising out of such transactions; (ii) payments made using the said option are not refundable; and (iii) you accept all damages, loss and/or risk associated with your engagement with such third-party service providers. Any engagement between you and the third-party service provider shall be governed by a separate Terms of Service and privacy policy of the service provider. 

PRIVACY / INFORMATION AND RECORDS

Your privacy is very important to AyurPrana.  It has physical, electronic, and organizational safeguards in place to protect all your information, records, and transactions (your “Records”) from being disclosed without your prior authorization.  Your Records are confidential unless the release of your Records is authorized in writing by you or otherwise provided by law.  If AyurPrana is required by law to disclose information about you, AyurPrana will attempt to give you advance notice, and we will disclose only the information that is required to be disclosed by law.  You have the right to be allowed access to your Records and written information from those Records.  You have a right to complete and current information concerning any practitioner assessment and any recommended service or product to be provided by AyurPrana, including the expected duration of any such service or product. You have the right to a coordinated transfer of your Records when there will be a change in the provider of your complementary and alternative services.

If AyurPrana, in good faith, believes disclosure or release of your Records is necessary to prevent or lessen a serious and imminent threat to the health or safety of a person or the public, it may disclose and/or release the Records to the extent necessary to prevent or minimize such harm.  It shall be presumed that AyurPrana acted in good faith if its belief was based upon its actual knowledge or in reliance on a credible representation by a person with apparent knowledge or authority.

RECORDINGS AND BROADCASTS

You understand, acknowledge, and agree that certain Activities are open to the public and may be photographed, videotaped, webcast, or otherwise recorded and broadcast by or for AyurPrana or third parties. You further understand and agree that my image, and anything you say or submit as a result of my participation in the Program may be recorded, broadcast, and posted online indefinitely.  You hereby irrevocably grant to the AyurPrana the unrestricted, non-exclusive, and assignable right to use your name, photograph, image, likeness, voice, and biographical information obtained as a result of your participation in the Program, for purposes of advertising, trade, or publicity, in any manner, medium, or forum anywhere, in perpetuity, without compensation, and without prior notification to you. You, and any person or entity acting on your behalf, are prohibited from recording (digitally, electronically, or otherwise) any of the Activities, and any of your communications with AyurPrana or any of its practitioners.  However, you are welcome to take written notes during any of the Activities.
In exchange for your affiliation with AyurPrana and the opportunity for my Likeness to be featured    by    AyurPrana,    and    for    other    good    and    valuable    consideration, you , grant AyurPrana LLC, and it’s affiliates (defined herein to include its licensees, successors, agents, owners, designees, legal representatives, and assigns) , the absolute, unlimited and irrevocable right and permission to use, free of charge or royalties of any kind, in whole or in part, and in derivative works, my name, photograph, and biographical/testimonial information; to take and record my photographic likeness and voice, on film or in any other medium; and to use, publicize, reproduce, edit, exhibit, project, display, and/or copyright said photographic images and/or file(s) of me or photographs or audiovisual recordings in which I may be included (collectively “Likeness”), and to circulate and use said Likeness in all forms and media for training, promotion, publicizing, marketing, advertising, and/or any other lawful purpose whatsoever, in any manner or media at any time or times through the world.
You agree to waive and relinquish any rights you may have to inspect and/or approve the finished product or products or the editorial, advertising, or printed copy, or any drafts thereof, that may be created and/or used in conjunction therewith, and any right to control the use to which your Likeness may be applied.
You agree to release, indemnify, and hold harmless AyurPrana from any and all claims, costs, fees, expenses, penalties, and liabilities, whether known or unknown, of any kind or nature, arising out of or related to AyurPrana’s use of my Likeness, the defense of any claims or actions brought against AyurPrana related thereto, the rights granted herein, and/or the AyurPrana’s exercise of such rights. You understand, agree and acknowledge the risks and hazards associated with the use of your Likeness, and agree to assume all risks of loss, damage, or injury that may be sustained by me or to my property as a result of any such use.

WAIVER AND RELEASE
YOU UNDERSTAND, ACKNOWLEDGE, AND AGREE YOU ARE PARTICIPATING IN THE PROGRAM AT YOUR OWN RISK.  YOU UNDERSTAND THE RISKS ASSOCIATED WITH YOUR PARTICIPATION IN THE PROGRAM, INCLUDING RISK OF PHYSICAL INJURY (UP TO AND INCLUDING DEATH), PSYCHOLOGICAL INJURY, PAIN, SUFFERING, ILLNESS, DISFIGUREMENT, DISABILITY, AND ECONOMIC LOSS.  YOU ALSO UNDERSTAND THESE INJURIES AND OUTCOMES MAY ARISE FROM YOUR OWN, OR OTHER’S, ACTIONS, INACTIONS, OR NEGLIGENCE, OR THE CONDITIONS OR LOCATION OF THE ACTIVITIES.  YOU HEREBY KNOWINGLY AND VOLUNTARILY ACCEPT AND ASSUME RESPONSIBILITY TO THE FULLEST EXTENT PERMITTED BY LAW FOR EACH OF THE AFOREMENTIONED RISKS, AND ALL OTHER RISKS AND DANGERS THAT COULD ARISE FROM, OR WHICH ARE RELATED IN ANY WAY TO, THE PROGRAM, WHETHER SUCH RISKS ARE KNOWN OR UNKNOWN, OR FORESEEABLE OR UNFORESEEABLE, AND INCLUDING RISKS ASSOCIATED WITH TRAVEL TO OR FROM ANY LOCATION (BY AIR, TRAIN, MOTOR VEHICLE, OR OTHERWISE).

TO THE FULLEST EXTENT PERMITTED BY LAW, YOU HEREBY RELEASE FROM LIABILITY AND WAIVE YOUR RIGHT TO SUE AYURPRANA AND ITS DIRECTORS, OFFICERS, EMPLOYEES, VOLUNTEERS, AGENTS, REPRESENTATIVES, CONTRACTORS AND INSURERS (THE “RELEASED PARTIES'') FOR ANY AND ALL CLAIMS, ACTIONS, PROCEDURES, COSTS, EXPENSES, DAMAGES, LIABILITIES, AND CAUSES OF ACTION OF ANY KIND OR NATURE WHATSOEVER (KNOWN OR UNKNOWN, FORESEEABLE OR UNFORESEEABLE, AND INCLUDING ATTORNEY’S FEES), ARISING FROM OR RELATED IN ANY WAY TO THE PROGRAM, OR ANY OTHER SERVICE OR PRODUCT PROVIDED BY AYURPRANA (“CLAIMS”).  THIS WAIVER AND RELEASE (THE “WAIVER”) INCLUDES CLAIMS RELATED TO THE NEGLIGENCE, FAULT, OR CONDUCT OF ONE OR MORE OF THE RELEASED PARTIES, CLAIMS INVOLVING PHYSICAL INJURY (UP TO AND INCLUDING DEATH), PSYCHOLOGICAL INJURY, PAIN, SUFFERING, ILLNESS, DISFIGUREMENT, DISABILITY, OR ECONOMIC LOSS, AND CLAIMS INVOLVING TRAVEL TO OR FROM ANY LOCATION (BY AIR, TRAIN, MOTOR VEHICLE, OR OTHERWISE).  YOU HEREBY AGREE TO INDEMNIFY, DEFEND (WITH COUNSEL ACCEPTABLE TO AYURPRANA), AND HOLD THE RELEASED PARTIES HARMLESS FROM ANY AND ALL CLAIMS RESULTING FROM OR ATTRIBUTABLE TO ANY ACT OR OMISSION OF YOURS WITHIN THE SCOPE OF THIS WAIVER.

IF YOU ARE A CALIFORNIA RESIDENT, YOU EXPRESSLY WAIVE THE PROTECTION OF SECTION 1542 OF THE CALIFORNIA CIVIL CODE, AND EXPRESSLY WAIVE AND RELEASE ANY RIGHTS OR BENEFITS THEREUNDER.  SECTION 1552 OF THE CALIFORNIA CIVIL CODE STATES: “A GENERAL RELEASE DOES NOT EXTEND TO CLAIMS THAT THE CREDITOR OR RELEASING PARTY DOES NOT KNOW OR SUSPECT TO EXIST IN HIS OR HER FAVOR AT THE TIME OF EXECUTING THE RELEASE AND THAT, IF KNOWN BY HIM OR HER, WOULD HAVE MATERIALLY AFFECTED HIS OR HER SETTLEMENT WITH THE DEBTOR OR RELEASED PARTY.”

COMPLAINTS

Complaints against AyurPrana or any of its practitioners may be filed with the New Mexico Regulation and Licensing Department.  The Department’s contact information is listed below:

New Mexico Regulation and Licensing Department
2550 Cerrillos Rd.,
Santa Fe, New Mexico 87505
Phone: (505) 476-4500

DISPUTE RESOLUTION

If a dispute arises from or relates in any way to the Program or any other service or product provided by or through AyurPrana, or any conduct on the part of AyurPrana or any of its representatives, and if the dispute cannot be settled through direct discussions, you agree to endeavor first to settle the dispute by mediation administered by the American Arbitration Association under its Commercial Mediation Procedures before resorting to arbitration.  You further agree that any controversy or claim remaining unresolved after direct discussion and mediation with AyurPrana, shall be settled by arbitration administered by the American Arbitration Association in accordance with its Commercial Arbitration Rules, and judgment on the award rendered by the arbitrator(s) may be entered in any court having jurisdiction thereof.  Claims shall be heard by a single arbitrator unless the claim amount exceeds $500,000, in which case the dispute shall be heard by a panel of three arbitrators. The arbitration shall be governed by the laws of the State of New Mexico, and the place of arbitration shall be Albuquerque, New Mexico.  To the fullest extent allowable by law, this Agreement, and all matters related in any way to this Agreement, the Program, or any other service or product provided by or through AyurPrana, shall be governed by, interpreted under, and construed and enforced in accordance with the laws of the state of New Mexico, without giving effect to any comity or conflict of laws principles. The arbitration will be based on the submission of documents and there shall be no in-person or oral hearing.  The arbitrator(s) will have no authority to award punitive or other damages not measured by the prevailing party's actual damages, except as may be required by statute. The arbitrator(s) shall not award consequential damages in any arbitration initiated under this section. Any award in an arbitration initiated under this section shall be limited to monetary damages and shall include no injunction or direction to any party other than the direction to pay a monetary amount.  Each party shall bear its own costs and expenses and an equal share of the arbitrator and administrative fees of arbitration.  Except as may be required by law, neither a party nor an arbitrator may disclose the existence, content, or results of any arbitration hereunder without the prior written consent of both parties.  TO THE MAXIMUM EXTENT ALLOWABLE BY LAW, YOU HEREBY WAIVE YOUR RIGHT TO A JURY TRIAL IN CONNECTION WITH ANY SUIT, ACTION OR PROCEEDING THAT ARISES FROM OR RELATES IN ANY WAY TO THE PROGRAM, OR ANY OTHER SERVICE OR PRODUCT PROVIDED BY OR THROUGH AYURPRANA, OR ANY CONDUCT ON THE PART OF AYURPRANA OR ANY OF ITS REPRESENTATIVES.

ENTIRE AGREEMENT / SEVERABILITY / ELECTRONIC ACCEPTANCE

This Agreement constitutes the entire agreement between you and AyurPrana, and supersedes all prior agreements and understandings, oral or written, with respect to the subject matter hereof.  If any provision (or portion of a provision) of this Agreement is found to be illegal, invalid, or otherwise unenforceable, the remaining provisions (or portion of a provision) of this Agreement shall not be affected thereby and shall be found to be valid and enforceable to the fullest extent permitted by law.  Your electronic acceptance of this Agreement signifies that you have read, understand, acknowledge, and agree to be bound by this Agreement. 

CONTACT INFORMATION

If you have any questions about this Agreement or any service or product offered by or through AyurPrana, please contact AyurPrana at care@liveayurprana.com.