By visiting and interacting with our Websites, Apps, and Products, you may share certain information with us, as detailed below. We may share some of the information you share with us between our websites and apps to provide you with the most relevant content and may use some of the information you share with us to serve you relevant advertising. (For further details on our advertising and sponsorship policy, click here).
- The types of information collected by Aadya Rising and its partners through the Services and the purposes for which We use it.
- How Aadya Rising collects, stores, and shares your information.
- Your rights with respect to such information collection
Personal Information: "Personal Information" is information that can be used either directly or indirectly to identify an individual (you). Examples include name, email address, physical address, Internet protocol (IP) address, mobile ad ID, and your interactions with the Websites that are connected to other identifying information, such as name, email address, physical address, and Internet protocol IP address.
WHAT KINDS OF INFORMATION DO WE COLLECT?
We receive information from or about you depending on the nature of your interaction with Our Services.
Information you provide to us
You may provide us with information in several ways, including:
· Registering/SigningUp in the Services: When you choose to sign up for newsletters, sign up for an account, on our Services.
· Using our Products: When you search for and schedule medical care.
· Transactions with the Services: When you submit an opinion or comment through the Services, contact Us, or register for more information regarding products or services.
· Promotions: From time to time, Aadya Rising may offer promotions, such as surveys or sweepstakes, on the Services, for which we need Personal Information to administer.
· Apps: When you download and use Our Apps.
The Personal Information that you provide may include your name, email address, physical address, birth date, gender, zip/city, marital status and health information (diagnosis, when you were diagnosed, what medications you're taking, or what type of care you're looking for).
Information we collect about you
• When you use Our Services, We may automatically collect information, when:
• Social Media and Sharing: If you share an article or post a comment or other content with a friend/contact.
• Device Information: We collect information from or about the computers, phones, or other devices where you install or access Our Services, depending on the permissions you've granted.
• Data Analytics: Web analytics services, including third-party services such as Google Analytics, collect information about how visitors use Our Websites, on both an individual and aggregated basis (click here for more information about Google Analytics).
• Marketing: We, and our marketing partners, collect information indicating an interest in particular subject matter.
The personal information we collect, when you use our Websites and Apps, typically includes attributes such as the operating system, hardware version, device settings, device identifiers, connection information (e.g. ISP), browser type, language and time zone, mobile phone number, mobile ad ID, and IP address; social signals (including, the friends/contacts content has been shared with); and, Website use information, such as pages viewed, interactions, dwell time, and navigation.
In addition to other rights detailed below, you may choose to install the Google Analytics Opt-Out Browser Add-on to opt out of Google Analytics data collection.
Information we receive from other sources
In order to continue to provide the Services free of charge, We are supported by advertisers and other partners. As part of our advertising and partnerships, We work closely with third-parties (for example, business partners, advertising networks, analytics providers and search information providers) and may receive information about you from them.
This could include demographic information, information about your likely interests based on your web browsing, and information about your interactions with advertisements delivered by our partners.
We may combine this information with other information you have provided to us or which we collected about you.
For more information on how to review or update your data preferences, please review the "YOUR RIGHTS, YOUR CHOICE, YOUR SECURITY" section below.
Cookies and Tracking Technologies
HOW DO WE USE YOUR INFORMATION?
We use personal information about you in connection with the following purposes:
To Provide and Enhance the Services: We use the information We collect to deliver and enhance our services, including ensuring our content is presented in the most effective manner for your device, to personalize features and content and make suggestions for you on our Services.
Transactions: We use your Personal Information to process your transactions, to send you confirmations, to respond to your requests, and for any related communications.
Retargeting: We use your information to allow Us or third parties to deliver advertisements based on your interests on our Websites, affiliated websites or third-party sites. Our retargeting activities abide by the NAI code of conduct.
Marketing: We use the information We have to improve our advertising systems so We can show you relevant interest-based advertising and measure the effectiveness and reach of advertisements and services. We may use your Personal Information for other marketing and market research purposes to learn more about our users. We will only contact you for direct marketing purposes in accordance with applicable laws. You may opt out of our use of your Personal Information for marketing, market research, or direct marketing purposes at any time by sending a rights request as set forth in the "Your Rights" section below. Occasionally, comments may be anonymized and used in marketing materials.
Analytics: We may store details of your visits to our Websites and your electronic interactions with any emails that We send to you ("Usage Data") under a pseudonym (i.e. not under your name but under an ID number), including the pages you visited and services you used. We use such Usage Data to help Us learn more about our users' preferences, to be able to tailor our Websites according to your interests and preferences, to help Us address problems with and improve our site design, products, and services; to analyze trends and statistics; and to present content in the clearest and most friendly manner for you.
To Communicate with You: We use your information to send you marketing communications, communicate with you about our Services, and let you know about changes to our policies and Terms. We also use your information to respond to you when you contact Us. In Our Apps, We send you push notifications from time to time in order to update you about any events or promotions that We may be running. The Apps may also ask for your permission to access your camera and your photos. If you no longer wish to receive these types of communications, or if you've initially agreed for the application to access your camera and photos and you would like to stop the Apps from accessing them, you may turn them off at the device level. To ensure you receive proper notifications, We will need to collect certain information about your device such as operating system and user identification information.
Other Reasons: We may use and collect Personal Information for other legitimate purposes associated with protecting your interests, Our interests and those of third parties, including, keeping Our services safe and secure, complying with the law, and when obtaining professional advice (for example, from lawyers).
HOW AND WHEN DO WE SHARE OR DISCLOSE YOUR INFORMATION?
To Enhance Our Services: We may share your information with third parties who provide services on our behalf to help with our business activities such as ad technology providers, email service providers, data analyzers, and business intelligence providers for the purpose of enhancing our products and services. These companies are authorized to use your personal information only as necessary to provide these services to Us. These third parties currently may include: Acxiom, Adbridg, Amazon, Amobee, AppNexus, ComScore, Criteo, DistrictM, Facebook, Google, Index Exchange, Lytics, Moat, Nexage, Oath, Oracle, OpenX, PageFair, PX, Rubicon, Sailthru, SendBird, Teads, The TradeDesk, TripleLift, Yieldbot.
Third-Party Marketing: We provide advertisers with reports about the kinds of people seeing their ads and how their ads are performing, but We don't share information that personally identifies you (information such as your name or email address that by itself can be used to contact you or identifies who you are) unless you give Us permission. We may request to share your information (including email address) with third-party business partners to provide you with information about and enroll you in clinical trials. In these situations and before sharing your information for these purposes, you will receive a just-in-time notice of the proposed sharing, and We will obtain your consent, or opt in, to such sharing. If you do not opt in, We will not share your information for these purposes.
Third-Party Services: When you interact with a third-party advertiser in our Services, the content creator or advertiser can receive information you share with them, as well as the information needed to complete the transaction, including medical information and contact details.
Legal Requirements: We may access, preserve, and share your information in response to a legal request if We have a good faith belief that the law requires Us to do so. We may also access, preserve, and share information when We have a good faith belief it is necessary to detect, prevent, and address fraud and other illegal activity; to protect ourselves, you, and others, including as part of investigations; or to prevent death or imminent bodily harm.
Online Marketing: As described above, We may use, and when appropriate, disclose your Personal Information for marketing and market research purposes to learn more about our users and offer and improve our Services. We will only contact you for direct marketing purposes in accordance with applicable laws. You may opt out of our use of your Personal Information for marketing, market research, or direct marketing purposes at any time as set forth below.
Aggregated Data: We may disclose aggregated, non-personal information about Website users without restriction.
Find Care: When you use the Find Care product, We will neither share your personal information with the Aadya Rising Family of Websites and Apps, nor will We share or disclose your personal information for Third-Party Marketing.
HOW LONG DO WE RETAIN DATA?
We keep your Personal Information for as long as is necessary for the purposes for which it is processed. These periods vary depending on the nature of the information and your interactions with Us.
When the purposes for which We processed your Personal Information have concluded, we will either permanently delete or destroy the relevant Personal Information or anonymize it, in a manner that ensures individuals are no longer identifiable.
YOUR RIGHTS, YOUR CHOICE, YOUR SECURITY
You can make the following choices here regarding your Personal Information.
Access to Your Personal Information. You may request access to your personal information that We collect on Our own behalf. If required by law, upon request, We will grant you reasonable access to the Personal Information that We have about you. Note that California residents may be entitled to ask us for a notice describing what categories of Personal Information (if any) We share with third parties or affiliates for direct marketing.
Changes to Your Personal Information. We rely on you to update and correct your Personal Information. Note that We may keep historical information in Our backup files as permitted by law. If Our Website or App does not permit you to update or correct certain information, then contact Us at the address described below. If We are processing your information on behalf of one of Our partners, then We will forward your modification request to that partner and/or follow any instructions provided by that partner concerning the modification of information.
Deletion of Your Personal Information. When We collect information on Our own behalf, We typically retain your Personal Information for the period necessary to fulfill the purposes outlined in this Policy, unless a longer retention period is required or permitted by law. You may, however, request information about how long we keep a specific type of information, or request that we delete your Personal Information by contacting us at the address described below. If required by law We will grant a request to delete information, but you should note that in some situations We must keep your Personal Information to comply with Our legal obligations, resolve disputes, enforce Our agreements, or for another one of Our business purposes. If We are processing your information on behalf of one of Our partners, then We will forward your deletion request to that partner and await instructions on whether the information should be deleted.
Objection to Certain Processing. When We process information on Our own behalf, you may object to Our use of your Personal Information by contacting us at the address described below. For example, California residents may be entitled to object, or opt-out, of having their information sold to third parties. If you are a California resident and would like to opt-out of having your information sold, then please visit the following link: Do Not Sell My Personal Information. We do not discriminate against California consumers who exercise any of their rights described in this Policy.
Find Care. Objection to Certain Processing: If you are a California resident using the Find Care product and would like to opt-out of having your information sold, then please visit the following link: Do Not Sell My Personal Information.
Online Tracking. We do not currently recognize automated browser signals regarding tracking mechanisms, which may include "Do Not Track" instructions.
Promotional E-mails. You may choose to provide us with your e-mail address for the purpose of allowing us to send free newsletters, surveys, offers, and other promotional materials to you, as well as targeted offers from third parties. You can stop receiving promotional e-mails by following the unsubscribe instructions in emails that you receive. If you decide not to receive promotional e-mails, We may still send you service related communications.
Promotional Mailings. If at any time you do not want to receive offers and/or circulars from Us you can remove yourself from Our mailing lists by e-mailing us (our contact information is below) with "NO SNAIL MAIL" in the subject line along with your name, address and zip code. Please note that Our mailings are prepared in advance of their being sent. Although We will remove your name from Our mailing list after receiving your request, you may still receive mailings from Us that had been initiated prior to your name being removed.
Text Messages and Push Notifications. If you receive a text message from Us that contains promotional information you can opt-out of receiving future text messages by replying “STOP” or “UNSUBSCRIBE.” You control on your device whether you receive push notifications.
Revocation of Consent. If you revoke your consent for the processing of Personal Information, then We may no longer be able to provide you services. In some cases, We may limit or deny your request to revoke consent if the law permits or requires us to do so, or if We are unable to adequately verify your identity. You may revoke consent to processing (where such processing is based upon consent) by contacting us at the address described below.
If you do not want to make requests for access, deletion, or Do-Not-Sell using our online form, you may call (678) 383-7125. To get in touch with Us about any other privacy requests, you may contact us at firstname.lastname@example.org or in writing at:
4229 First Ave Suite A1
Tucker, Georgia 30084
Attn: Privacy Officer
You can also choose not to be included in Google Analytics here.
The security of your Personal Information is important to Us. We follow generally accepted standards to protect the Personal Information submitted to Us, both during transmission and once it is received, and We take various precautions to protect information against loss and misuse. Nevertheless, transmission of information over the internet is not completely secure, We cannot guarantee the security of your Personal Information, and any transmission is at your own risk.
If you have any questions about the security of your Personal Information, you can contact Us at email@example.com.
Links to third party websites
Changes to this Policy
We do not knowingly collect, maintain, or use Personal Information from our Website about children under the age of 18. We request that persons under the age of 17 not use our Website without supervision from a responsible adult. We will never request Personal Information from a child under the age of 17 without verifiable parental consent. If We become aware that a child under the age of 17 has sent Personal Information to us without prior parental consent, We will remove his or her Personal Information from our files.
Find Care: Information Provided on Behalf of Children
WEBSITE LOCATION, US TRANSFER & PROCESSING
THE SITE IS OPERATED BY AADYA RISING IN THE UNITED STATES, AND PERSONAL INFORMATION WILL BE PRIMARILY STORED IN THE UNITED STATES. BY PROVIDING PERSONAL INFORMATION TO US, TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, YOU ACKNOWLEDGE THAT WE COLLECT, MAINTAIN, PROCESS, AND TRANSFER SUCH INFORMATION IN AND TO THE UNITED STATES AND OTHER COUNTRIES AND TERRITORIES, PURSUANT TO THE LAWS OF THE UNITED STATES OR SUCH OTHER JURISDICTIONS, WHICH MAY PROVIDE LESSER PRIVACY PROTECTIONS THAN EUROPEAN ECONOMIC AREA COUNTRIES, AND TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, YOU ACKNOWLEDGE THAT YOUR INFORMATION MAY THUS BE SUBJECT TO U.S. FEDERAL AND CALIFORNIA STATE LAW AND OTHER FOREIGN LAWS AND ACCESSIBLE TO U.S. AND FOREIGN GOVERNMENTS, COURTS, LAW ENFORCEMENT AND REGULATORY AGENCIES. BECAUSE AADYA RISING IS LOCATED IN THE UNITED STATES, THESE DATA TRANSFERS TO THE UNITED STATES ARE NECESSARY TO PROVIDE THE SERVICES TO YOU AS SET FORTH IN OUR TERMS OF SERVICE AND TO OPERATE OUR WEBSITE. WHEN APPLICABLE, WE WILL OBTAIN YOUR CONSENT FOR THESE DATA TRANSFERS TO THE UNITED STATES.
4229 First Ave Suite A1
Tucker, Georgia 30084
Telephone Number: 678-383-7125
E-mail address: firstname.lastname@example.org
Our Legal Basis for Processing
Our legal basis for processing your personal information will typically be one of the following:
You have actively consented for us to process data by completing a form on the site, or have indicated your consent with another affirmative act.
• Our Legitimate Interests in processing your personal information are:
• To ensure Our website meets the high standard of usability and security you would expect;
• To help Us identify areas for improvement;
• To enable Us to communicate effectively regarding services We offer; and
• To enable Us to process contacts, queries, or complaints.
It is necessary for Us to process your personal information for Us to comply with our legal or regulatory obligations.
It is necessary for Us to process your personal information to perform the tasks associated with a contract to which you are a party, or to take steps at your request prior to you entering into a contract.
Your Data Rights
In addition to your rights of access and correction (rectification) described in “Your Rights” (above), EEA and UK residents have certain other rights defined in the General Data Protection Regulation (GDPR) and the Data Protection Act 2018. We will handle your request in accordance with the law. This means there may be legal reasons why We cannot fulfill all requests.
You have the right to withdraw your consent in relation to our processing of your personal information based on your consent.
• You can unsubscribe from our marketing e-mails at any time using our e-mail preferences page, or by clicking on the “unsubscribe” link.
• If located in the United Kingdom or European Union, you can opt out of EDAA members online advertising networks and behavioral advertising through the European Interactive Digital Advertising Alliance (EDAA)'s consumer opt-out page here (http://youronlinechoices.eu/).
You have the right to ask Us to right to request deletion of your personal information in certain circumstances.
Restriction of Processing
You have the right to request that We restrict the processing of your personal information in certain circumstances.
Object to Processing
You have the right to object to the use or disclosures of your personal information.
You have the right to request We transmit your personal information to you or another company in certain circumstances.
We process all requests in accordance with the law, and there may be legal reasons why We cannot fulfill all requests.
We operate in the United States and transfer, store, and process personal information outside of the EEA/UK. By submitting your personal information, you acknowledge this transfer, storing, and processing.
We rely on approved data transfer mechanisms (for example, the EU Standard Contractual Clauses) to ensure that personal information is adequately safeguarded.
Cookies and other Tracking Technologies
Questions & Concerns
If you have any comments or questions, or are concerned about the way in which We have handled any privacy matter, you can contact Us using the details below:
Contact Us at email@example.com or in writing at:
4229 First Ave Suite A1
Tucker, Georgia 30084
Attn: Privacy Officer
Cookies on our services
To opt out of interest-based advertising across browsers and devices, please opt out through the Digital Advertising Alliance website and also through the settings within the mobile app or your mobile device. Your opt-out choice may apply only to the browser or device you are using when you opt out, so you should opt out on each of your browsers and devices if you want to disable all cross-device linking for interest-based advertising. If you opt out, you will still receive ads but they may not be as relevant to you and your interests.
Digital Advertising Alliance
Our Services also occasionally use "local shared objects" (also known as "Flash cookies"). Like browser cookies, Flash cookies may be used for coordinating content delivery, website functionality, maintaining preferences, advertising, or analytics. Unlike browser cookies, "Flash cookies" are not stored in the browser. You may be able to manage these Flash cookies by visiting the Adobe website.
In the EEA/UK, We are a registered Consent Management Platform (CMP) with IAB Europe and are compliant under the Transparency & Consent Framework (TCF v1.1). This framework allows Us to communicate your consent choice regarding the cookies on Our Services to any third-party vendor participating in the framework.
There are six types of cookies used on our Services:
1. Essential – These cookies enable you to use our Services. These cookies are essential to enable you to browse our Services and use certain features. Disabling them may prevent you from using certain parts of the Services. Without these cookies, services such as shopping activity and paying activity cannot be provided. These cookies also help keep our Services safe and secure.
2. Information Storage and Access – The storage of information, or access to information that is already stored, on your device such as advertising identifiers, device identifiers, cookies, and similar technologies.
3. Personalization – The collection and processing of information about your use of this service to subsequently personalize advertising and/or content for you in other contexts, such as on other websites or apps, over time. Typically, the content of the site or app is used to make inferences about your interests, which inform future selection of advertising and/or content.
4. Ad Selection, Delivery, and Reporting – The collection of information, and combination with previously collected information, to select and deliver advertisements for you, and to measure the delivery and effectiveness of such advertisements. This includes using previously collected information about your interests to select ads, processing data about what advertisements were shown, how often they were shown, when and where they were shown, and whether you took any action related to the advertisement, including for example clicking an ad or making a purchase. This does not include Personalization, which is the collection and processing of information about your use of this service to subsequently personalize advertising and/or content for you in other contexts, such as websites or apps, over time.
5. Content Selection, Delivery, and Reporting – The collection of information, and combination with previously collected information, to select and deliver content for you, and to measure the delivery and effectiveness of such content. This includes using previously collected information about your interests to select content, processing data about what content was shown, how often or how long it was shown, when and where it was shown, and whether the you took any action related to the content, including for example clicking on content. This does not include personalization, which is the collection and processing of information about your use of this service to subsequently personalize content and/or advertising for you in other contexts, such as websites or apps, over time.
6. Measurement – The collection of information about your use of the content, and combination with previously collected information, used to measure, understand, and report on your usage of the service. This does not include personalization, the collection of information about your use of this service to subsequently personalize content and/or advertising for you in other contexts, i.e. on other services, such as websites or apps, over time.
Our content is for informational purposes only and is not intended to be a substitute for professional medical advice, diagnosis, or treatment. Always seek the advice of your physician or other qualified health provider with any questions you may have regarding a medical condition. If you think you may have a medical emergency, call your doctor or 911 immediately.
Our websites and apps operate under a code of conduct to encourage welcoming, diverse, and inclusive interactions; and to discourage harassment of any kind.
We support authors creative rights by investigating, and removing where appropriate, materials that infringe on an author’s copyright through our Digital Millennium Copyright Act (DCMA) procedures.
Terms of Service
The Service is protected by copyright pursuant to U.S. and international copyright laws, and all rights are reserved by AADYA RISING.
By accessing the Site or otherwise using the Service, you accept and agree to be bound by these Terms, without limitation or qualification . If you do not accept any of these Terms, do not use the Service.
You may not use the Service for any unlawful purpose or in violation of these Terms. While using the Service, you shall abide by all applicable federal, state or local laws including those pertaining to such areas as libel, slander, defamation, trade libel, product disparagement, harassment, invasion of privacy, tort, obscenity, indecency and copyright or trademark infringement. AADYA RISING authorizes you to view and download the materials on the Service solely for your personal, non-commercial use. You may not sell or modify any information on the Service or reproduce, display, publicly perform, distribute or otherwise use such materials in any way for any public or commercial purpose without the advance written permission of AADYA RISING.
The Service is designed to provide users with information to choose therapeutic education options for their children, understand the mental health industry, and find consultants and support in their community. The information available on the Service (“Information”) is provided free of charge as a user convenience and is to be used for informational purposes only. Much of the Information is provided by third parties, and may represent opinion or judgment or contain inadvertent technical oversights, factual inaccuracies, or typographical errors. AADYA RISING has no obligation to, and does not in the normal course, monitor or control any Information that is or becomes available through the Service, nor does AADYA RISING guarantee the accuracy or completeness of any Information. AADYA RISING is not responsible for any errors, inaccuracies, omissions or deficiencies in the Information. The Information is provided “as is,” with no guarantees of completeness, non-infringement, accuracy or timeliness, and without warranties of any kind, express or implied. You therefore assume sole responsibility for all risks associated with the use of the Information and rely on such Information at your own risk. By using the Service, you acknowledge that AADYA RISING is in no way responsible for any consequences whatsoever to anyone arising from your use or interpretation of any Information contained within or linked to from the Service. Before making decisions based on the Information, you should consultant with a professional therapist or other qualified professional, and visit any programs or treatment centers you are considering. AADYA RISING does not represent that any information on the website may be downloaded outside of the United States.
AADYA RISING respects the intellectual property rights of others. If you believe your work has been copied in a way that constitutes copyright infringement or are aware of any infringing material on the Service, please contact AADYA RISING at firstname.lastname@example.org and provide the following information: an electronic or physical signature of the person authorized to act on behalf of the owner of the copyright interest; a description of the copyrighted work that you claim has been infringed; a description of where the material that you claim is infringing is located on the Site; your address, telephone number, and email address; a written statement by you that you have a good faith belief that the disputed use is not authorized by the copyright owner, its agent, or the law; a statement by you, made under penalty of perjury, that the above information in your notice is accurate and that you are the copyright owner or authorized to act on the copyright owner’s behalf.
Limitation on Liability
To the extent permitted by law, under no circumstances shall AADYA RISING or any of its affiliates, partners, officers, directors, employees, subsidiaries, agents, or parents be held liable for any damages, whether direct, incidental, indirect, special, or consequential damages, including, without limitation, lost use, data, revenues, time, money, profits or goodwill arising from or in connection with the use, reliance on, or performance of the information on the website, even when AADYA RISING has been advised of the possibility of such damages. AADYA RISING shall not be liable for damages or injury caused in whole or in part, whether foreseeable or unforeseeable, and whether based in tort (including defamation), contract, strict liability or otherwise by the Service, the Information, or any third-party links therein. If you are dissatisfied with any aspect of the Service, your sole and exclusive remedy is to stop using the Service.
AADYA RISING is not liable for any loss, damages, or injury resulting from your access to, inability to access, receipt of any codes from or through, or reliance on any information obtained from or through the Service.
The Site and the Newsletter may contain links and references to third-party websites and resources. AADYA RISING provides these links solely to assist users in locating other resources that may be of interest to them. No reference or link to a third party or a third-party website shall constitute an endorsement by AADYA RISING of such third party or such third-party website. You assume sole responsibility and risk for your use of links to third-party websites. AADYA RISING does not operate or control any information, content, products or services on such third-party websites. AADYA RISING does not represent or endorse the accuracy or reliability of any of the information, content or advertisements contained on, distributed through, or linked, downloaded or accessed from any of the services contained on these third-party websites.
Specific Disclaimer of Warranties
ALL MATERIALS AND SERVICES PROVIDED THROUGH THE SERVICE, INCLUDING THOSE PROVIDED BY LINKS TO THIRD-PARTY WEBSITES, ARE PROVIDED “AS IS” WITHOUT WARRANTY OF ANY KIND. THE CONTENT PUBLISHED ON THE SERVICE MAY INCLUDE INACCURACIES OR TYPOGRAPHICAL ERRORS. CHANGES ARE PERIODICALLY MADE TO THE INFORMATION HEREIN. AADYA RISING MAKES NO REPRESENTATIONS AND, TO THE FULLEST EXTENT ALLOWED BY LAW, DISCLAIMS ALL WARRANTIES, EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO WARRANTIES OF NON-INFRINGEMENT, MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE REGARDING THE SUITABILITY OF THE INFORMATION; THE ACCURACY, RELIABILITY, COMPLETENESS OR TIMELINESS OF THE CONTENT, SERVICES, PRODUCTS, TEXT, GRAPHICS, LINKS, OR OTHER ITEMS CONTAINED WITHIN THE WEBSITE, OR THE RESULTS OBTAINED FROM ACCESSING AND USING THIS SITE AND/OR THE CONTENT CONTAINED HEREIN. AADYA RISING DOES NOT WARRANT THAT THE SERVICE WILL BE UNINTERRUPTED OR ERROR-FREE, THAT DEFECTS WILL BE CORRECTED, OR THAT THIS SITE, INCLUDING THE SERVER THAT MAKES IT AVAILABLE, IS FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS. IN ADDITION, AADYA RISING SHALL NOT BE LIABLE TO YOU OR ANYONE ELSE FOR ANY LOSS OR INJURY CAUSED IN WHOLE OR PART BY CONTINGENCIES BEYOND ITS CONTROL IN PROCURING, COMPILING, INTERPRETING, REPORTING OR DELIVERING THE SERVICE AND INFORMATION THROUGH THE SITE AND YOU ASSUME THE ENTIRE COST OF ALL NECESSARY MAINTENANCE, REPAIR OR CORRECTION ARISING FROM ANY SUCH LOSS OR INJURY.
AADYA RISING shall have the right, at its sole discretion, to make improvements and/or changes to any aspect of the Service at any time and shall not be liable for the effects these alterations may have. AADYA RISING also reserves the right to modify these Terms at any time without notice. Because such modifications to these Terms shall be effective immediately upon posting, and your subsequent use of the Service after such posting shall conclusively be deemed to be acceptance by you of such modifications, you should review these Terms periodically.
These Terms shall be deemed to include all other notices, policies, disclaimers, and other terms contained on the Service; provided, however, that in the event of a conflict between such other terms and these Terms, these Terms shall control. These Terms have been made in and shall be construed and enforced in accordance with Utah law without regard to any conflict of law principles. Any claim or dispute between you and AADYA RISING, including any action to enforce these Terms, shall be brought in the federal or state courts located in Salt Lake City, Utah, and you agree to the exclusive and personal jurisdiction of these courts. If any provision is deemed to be unlawful or unenforceable, that shall not affect the validity and enforceability of the remaining provisions.
Except where noted otherwise, all website contents Copyright © 2014 All Kinds of Education LLC. All rights reserved under United States and foreign law. No part of the materials on the Site or otherwise made available through the Service, including but not limited to the text, graphics and html code, may be reproduced or transmitted in any form by any means without AADYA RISING’s written permission.
The following terms and conditions apply only to subscribers of the Newsletter and to AADYA RISING’s advertisers, who automatically receive the Newsletter.
AADYA RISING reserves the right to suspend, cancel or deny your subscription to the Newsletter at any time, with or without notice to you, for any reason or for no reason at all. AADYA RISING reserves the right to modify, temporarily discontinue or permanently cancel the Newsletter at any time, with or without notice to you, for any reason or for no reason at all.
Advertiser and Content Provider Terms of Service
The following terms and conditions apply only to advertisers and content providers.
All advertising on the Site has a one year agreement unless otherwise . Except as expressly provided in these Content Terms, there are no refunds available once your credit card has been charged.
Representations and Warranties
By submitting any text, links, images, sound recordings, audiovisual material, pictures, graphics, logos, trademarks, or any other material, content, data, or subject matter (collectively, “Content”) for inclusion in any Announcement, you represent and warrant to AADYA RISING that:
• (a) You are the sole and exclusive owner of all right, title, and interest in and to any Content, or that you are authorized or licensed to use, assign title to, or license or sub-license any Content;
• (b) The Content and all other materials you supply hereunder, and all material to which the Content links, (i) complies with all provisions of these Content Terms and the User Agreements, (ii) does not infringe upon the rights of any third party, including copyright, trademark, HIPAA, privacy, or other personal or proprietary rights, (iii) does not involve or promote tobacco, alcohol, or pornographic products or services (which AADYA RISING has complete discretion to define), and (iv) is not unlawful, harmful, threatening, abusive, harassing, defamatory, disparaging, obscene, libelous, invasive of another’s privacy, racially or ethnically offensive, or hateful;
• (c) The use, reproduction, or transmission of the Content will not violate any laws;
• (d) The Content is not false, inaccurate, or misleading in any way; and
• (e) The Content and your products or services described or advertised by the Content, and your provision thereof, comply with all applicable laws, rules, and regulations, including the laws, rules, and regulations of the jurisdiction in which you operate, and the laws, rules, and regulations of the United States and the State of Utah.
Content Submission; License
By submitting Content to AADYA RISING, you understand that such Content will be immediately eligible for inclusion in the Newsletter or the Service, as applicable, and you grant, and represent and warrant that you have the right to grant to AADYA RISING a royalty-free, fully paid, non-assessable, perpetual, irrevocable, nonexclusive, transferable, worldwide right and license (with the right to sublicense) to use, copy, perform, translate, reproduce, publish, display, and distribute, and to prepare derivative works of or incorporate into other works, such Content (in whole or in part) in connection with the Service.
Content Review and Offering
You acknowledge and agree that AADYA RISING and its designees have the right (but not the obligation) in their sole discretion, for any or no reason, to review, edit, and modify any Content and refuse to include any Announcement in the Service or any Newsletter. You will not be entitled to a refund of any fees paid by you to AADYA RISING if AADYA RISING should edit or modify any Content pursuant to these Content Terms; provided, however, that if AADYA RISING should refuse to include any Announcement in the Service or any Newsletter, you shall be entitled to a refund of any fees paid by you to AADYA RISING for such Announcement. AADYA RISING may in its sole discretion offer or post your Announcement and Content on any website operated or hosted by or under the brands of AADYA RISING and its affiliates together with any mirror sites, enhanced sites, and co-branded editions of such sites that have been or may be developed by AADYA RISING and its affiliates.
Compliance with Law.
You hereby agree to comply with all applicable international, federal, state, and local laws, rules, and regulations relevant to your services or products described or advertised in your Announcement.
You hereby acknowledge that the Newsletter may be distributed at irregular intervals and the timing of such distribution will be in AADYA RISING’s sole discretion and that AADYA RISING shall not be liable for any delay between the submission of any Announcement and the publication of such Announcement in the Service or a Newsletter.
The Service or the Newsletter may contain the following or a substantially similar disclaimer: “The appearance or content of any advertiser in our newsletter or on our website does not constitute an endorsement, representation, or affirmation of any kind of any content or the persons or the companies appearing in or referred to in our newsletter or on our website (except to the extent expressly stated).”
YOU ARE SOLELY RESPONSIBLE FOR ANY LEGAL LIABILITY ARISING OUT OF OR RELATING TO (A) ANY ANNOUNCEMENT OR CONTENT INCLUDED THEREWITH, (B) ANY MATERIAL TO WHICH USERS CAN ACCESS DIRECTLY THROUGH ANY LINK PROVIDED AS PART OF THE CONTENT, (C) YOUR PROVISION OF YOUR PRODUCTS AND SERVICES.
DISCLAIMER OF WARRANTIES; LIMITATION OF LIABILITY.
AADYA RISING DISCLAIMS ANY AND ALL WARRANTIES RELATING TO THE SERVICE NOT EXPRESSLY SET FORTH HEREIN, INCLUDING WITHOUT LIMITATION THE IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE, AND NONINFRINGEMENT. WITHOUT LIMITING THE FOREGOING, THE SERVICE MAY BE SUBJECT TO LIMITATIONS, DELAYS, AND OTHER PROBLEMS INHERENT IN THE USE OF THE INTERNET AND ELECTRONIC COMMUNICATION, AND AADYA RISING WILL NOT BE RESPONSIBLE FOR ANY LIMITATIONS, DELAYS, DELIVERY FAILURES, OR OTHER DAMAGES RESULTING FROM SUCH PROBLEMS. IN NO EVENT SHALL AADYA RISING BE LIABLE TO YOU OR TO ANY THIRD PARTY FOR CONSEQUENTIAL, INCIDENTAL, SPECIAL, EXEMPLARY, INDIRECT, OR PUNITIVE DAMAGES, WHETHER BASED ON BREACH OF CONTRACT, TORT (INCLUDING NEGLIGENCE), OR OTHERWISE, INCLUDING WITHOUT LIMITATION DAMAGES FOR LOSS OF GOODWILL, LOST PROFITS, LOST SALES OR BUSINESS, WORK STOPPAGE, COMPUTER FAILURE OR MALFUNCTION, LOST DATA, OR ANY OTHER DAMAGES OR LOSSES OF ANY KIND, ARISING OUT OF OR RELATING IN ANY WAY TO THESE CONTENT TERMS OR THE SERVICE, EVEN IF AADYA RISING HAS BEEN ADVISED, KNEW, OR SHOULD HAVE KNOWN OF THE POSSIBILITY OF SUCH DAMAGES. Your exclusive remedy for any damages under these Content Terms relating to any Announcement shall be to receive a prompt refund of the fees you have paid for such Announcement.
YOU AGREE TO INDEMNIFY, DEFEND, AND HOLD HARMLESS AADYA RISING AND ITS AFFILIATES AND EACH OF THEIR OFFICERS, DIRECTORS, MANAGERS, MEMBERS, SHAREHOLDERS, EMPLOYEES, AGENTS, AND REPRESENTATIVES FROM AND AGAINST ANY AND ALL LIABILITIES, CLAIMS, CAUSES OF ACTION, JUDGMENTS, SUITS, LOSSES, DAMAGES, FEES, EXPENSES (INCLUDING ATTORNEYS’ FEES), INCLUDING WITHOUT LIMITATION CLAIMS FOR LIBEL, SLANDER, INVASION OF PRIVACY, COPYRIGHT INFRINGEMENTS, OR OTHERWISE, ARISING FROM OR RELATING TO (A) YOUR BREACH OF ANY OF THESE CONTENT TERMS, (B) YOUR ANNOUNCEMENT, THE CONTENT, OR THE SERVICES OR PRODUCTS PROVIDED BY YOU, OR (C) YOUR VIOLATION OF ANY INTERNATIONAL, FEDERAL, STATE, OR LOCAL LAW, RULE, OR REGULATION.
AADYA RISING may modify or amend these Content Terms at any time without notice. You agree to review these Content Terms periodically since such modifications or amendments shall be effective immediately upon posting and your subsequent use of the Service after such posting shall conclusively be deemed to constitute your acknowledgment and acceptance of such modifications or amendments.
In the event of any litigation or dispute arising from or relating to these Content Terms, the prevailing party shall be entitled to reasonable attorneys’ fees, court costs, and collection costs in addition to any other relief to which such party may be entitled.
Governing Law; Jurisdiction and Venue.
You agree that the laws of the State of Utah and the United States will apply to all matters relating to these Content Terms, the Newsletter, and the Service, as they would to agreements made and entered into entirely in Utah by Utah residents, notwithstanding your actual place of residence. These Content Terms may be enforced in any federal court or state court sitting in Salt Lake County, Utah, and each party hereto consents to the jurisdiction and venue of any such court and waives any argument that venue in such forum is not convenient. If either party hereto commences any action arising directly or indirectly from these Content Terms, the Newsletter, or the Service in another jurisdiction or venue, the other party to these Content Terms shall have the option of transferring the case to the above-described venue or jurisdiction or, if such transfer cannot be accomplished, to have such case dismissed without prejudice.
Aadya Rising may from time to time post Content supplied by third parties and users (collectively “Third-Party Content”). In addition, if you register to receive our free newsletters and emails that promote the Services (“Newsletters”), you may receive Newsletters containing Third-Party Content or advertising that was sponsored by third parties.
Any opinions, advice, statements, services, offers, or other information or content expressed or made available by third parties in the Third-Party Content are those of the respective author(s) or distributor(s) and not of Aadya Rising. Aadya Rising does not guarantee the accuracy, completeness, or usefulness of any Third-Party Content, nor its merchantability or fitness for any particular purpose. Additional disclaimers and limitation of liability are noted below.
YOUR PRIVACY RIGHTS
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