Agreement between User and www.pachayoga.org

Welcome to www.pachayoga.org. www.pachayoga.org is an E-Commerce Site.The www.pachayoga.org website (the "Site") is comprised of various web pages operated by Amanda Nitschke, PachaYoga & Healing, and/or Leaps with Language encompassing ("PachaYoga"). www.pachayoga.org is offered to you conditioned on your acceptance without modification of the terms, conditions, and notices contained herein (the "Terms"). Your use of www.pachayoga.org constitutes your agreement to all such Terms. Please read these terms carefully, and keep a copy of them for your reference.

Electronic Communications

Visiting www.pachayoga.org or sending emails to PachaYoga constitutes electronic communications. You consent to receive electronic communications and you agree that all agreements, notices, disclosures and other communications that we provide to you electronically, via email and on the Site, satisfy any legal requirement that such communications be in writing.

Your Account

If you use this site, you are responsible for maintaining the confidentiality of your account and password and for restricting access to your computer, and you agree to accept responsibility for all activities that occur under your account or password. You may not assign or otherwise transfer your account to any other person or entity. You acknowledge that PachaYoga is not responsible for third party access to your account that results from theft or misappropriation of your account. PachaYoga and its associates reserve the right to refuse or cancel service, terminate accounts, or remove or edit content in our sole discretion.

Medical Emergency & Release of Liability

I hereby agree to individually provide for all medical expenses which may be incurred by myself or my child(ren) as a result of any injury sustained while participating in any activity provided by or through Amanda Nitschke, PachaYoga & Healing, or Leaps with Language. I recognize that severe injuries, including permanent paralysis or death. Being fully aware of these dangers, I ACCEPT ALL RISKS associated with this participation. I ACCEPT ALL REPSONSIBILITY for knowing my physical and mental condition prior to engaging in offerings through PachaYoga and it's associates. I understand that information provided through on-line courses is instructional and informative in nature and not individually diagnostic.

In consideration for my participation I hereby, for myself and my child(ren) and our respective heirs and successors, PROMISE NOT TO SUE and FOREVER RELEASE Amanda Nitschke, PachaYoga & Healing, and/or Leaps with Language, its officers, directors, shareholders, employees, contractors and volunteers from all liability resulting in damages or injuries incurred as a result of participation including those resulting from acts of negligence.

Children Under Thirteen

PachaYoga does not knowingly collect, either online or offline, personal information from persons under the age of thirteen. If you are under 18, you may use www.pachayoga.org only with permission of a parent or guardian.

Happiness Guarantee​/Cancellation/Refund Policy

Amanda Nitschke, PachaYoga & Healing, and Leaps with Language offers a 100% Happiness Guarantee. We want you to have a great experience, but understand that life happens. If you purchase a course or membership, but are not able to complete it or are not completely satisfied with it, we will refund 100% of the registration fees within 30 days of purchase.

There will be no refunds or credits for course and/or registration fees if an email was not sent to amanda@pachayoga.orgwithin 30 days of purchase.

Links to Third Party Sites/Third Party Services

www.pachayoga.org may contain links to other websites ("Linked Sites"). The Linked Sites are not under the control of PachaYoga and PachaYoga is not responsible for the contents of any Linked Site, including without limitation any link contained in a Linked Site, or any changes or updates to a Linked Site. PachaYoga is providing these links to you only as a convenience, and the inclusion of any link does not imply endorsement by PachaYoga of the site or any association with its operators.

Certain services made available via www.pachayoga.org are delivered by third party sites and organizations. By using any product, service or functionality originating from the www.pachayoga.org domain, you hereby acknowledge and consent that PachaYoga may share such information and data with any third party with whom PachaYoga has a contractual relationship to provide the requested product, service or functionality on behalf of www.pachayoga.org users and customers.

No Unlawful or Prohibited Use/Intellectual Property

You are granted a non-exclusive, non-transferable, revocable license to access and use www.pachayoga.org strictly in accordance with these terms of use. As a condition of your use of the Site, you warrant to PachaYoga that you will not use the Site for any purpose that is unlawful or prohibited by these Terms. You may not use the Site in any manner which could damage, disable, overburden, or impair the Site or interfere with any other party's use and enjoyment of the Site. You may not obtain or attempt to obtain any materials or information through any means not intentionally made available or provided for through the Site.

All content included as part of the Service, such as text, graphics, logos, images, as well as the compilation thereof, and any software used on the Site, is the property of PachaYoga or its suppliers and protected by copyright and other laws that protect intellectual property and proprietary rights. You agree to observe and abide by all copyright and other proprietary notices, legends or other restrictions contained in any such content and will not make any changes thereto.

You will not modify, publish, transmit, reverse engineer, participate in the transfer or sale, create derivative works, or in any way exploit any of the content, in whole or in part, found on the Site. PachaYoga content is not for resale. Your use of the Site does not entitle you to make any unauthorized use of any protected content, and in particular you will not delete or alter any proprietary rights or attribution notices in any content. You will use protected content solely for your personal use, and will make no other use of the content without the express written permission of PachaYoga and the copyright owner. You agree that you do not acquire any ownership rights in any protected content. We do not grant you any licenses, express or implied, to the intellectual property of PachaYoga or our licensors except as expressly authorized by these Terms.

Third Party Accounts

You will be able to connect your PachaYoga account to third party accounts. By connecting your PachaYoga account to your third party account, you acknowledge and agree that you are consenting to the continuous release of information about you to others (in accordance with your privacy settings on those third party sites). If you do not want information about you to be shared in this manner, do not use this feature.

International Users

The Service is controlled, operated and administered by PachaYoga from our offices within the USA. If you access the Service from a location outside the USA, you are responsible for compliance with all local laws. You agree that you will not use the PachaYoga Content accessed through www.pachayoga.org in any country or in any manner prohibited by any applicable laws, restrictions or regulations.

Indemnification

You agree to indemnify, defend and hold harmless PachaYoga, its officers, directors, employees, agents and third parties, for any losses, costs, liabilities and expenses (including reasonable attorney's fees) relating to or arising out of your use of or inability to use the Site or services, any user postings made by you, your violation of any terms of this Agreement or your violation of any rights of a third party, or your violation of any applicable laws, rules or regulations. PachaYoga reserves the right, at its own cost, to assume the exclusive defense and control of any matter otherwise subject to indemnification by you, in which event you will fully cooperate with PachaYoga in asserting any available defenses.

Arbitration

In the event the parties are not able to resolve any dispute between them arising out of or concerning these Terms and Conditions, or any provisions hereof, whether in contract, tort, or otherwise at law or in equity for damages or any other relief, then such dispute shall be resolved only by final and binding arbitration pursuant to the Federal Arbitration Act, conducted by a single neutral arbitrator and administered by the American Arbitration Association, or a similar arbitration service selected by the parties, in a location mutually agreed upon by the parties. The arbitrator's award shall be final, and judgment may be entered upon it in any court having jurisdiction. In the event that any legal or equitable action, proceeding or arbitration arises out of or concerns these Terms and Conditions, the prevailing party shall be entitled to recover its costs and reasonable attorney's fees. The parties agree to arbitrate all disputes and claims in regards to these Terms and Conditions or any disputes arising as a result of these Terms and Conditions, whether directly or indirectly, including Tort claims that are a result of these Terms and Conditions. The parties agree that the Federal Arbitration Act governs the interpretation and enforcement of this provision. The entire dispute, including the scope and enforceability of this arbitration provision shall be determined by the Arbitrator. This arbitration provision shall survive the termination of these Terms and Conditions.

Class Action Waiver

Any arbitration under these Terms and Conditions will take place on an individual basis; class arbitrations and class/representative/collective actions are not permitted. THE PARTIES AGREE THAT A PARTY MAY BRING CLAIMS AGAINST THE OTHER ONLY IN EACH'S INDIVIDUAL CAPACITY, AND NOT AS A PLAINTIFF OR CLASS MEMBER IN ANY PUTATIVE CLASS, COLLECTIVE AND/ OR REPRESENTATIVE PROCEEDING, SUCH AS IN THE FORM OF A PRIVATE ATTORNEY GENERAL ACTION AGAINST THE OTHER. Further, unless both you and PachaYoga agree otherwise, the arbitrator may not consolidate more than one person's claims, and may not otherwise preside over any form of a representative or class proceeding.

Liability Disclaimer

THE INFORMATION, SOFTWARE, PRODUCTS, AND SERVICES INCLUDED IN OR AVAILABLE THROUGH THE SITE MAY INCLUDE INACCURACIES OR TYPOGRAPHICAL ERRORS. CHANGES ARE PERIODICALLY ADDED TO THE INFORMATION HEREIN. PACHAYOGA & HEALING, LEAPS WITH LANGUAGE AND/OR ITS SUPPLIERS MAY MAKE IMPROVEMENTS AND/OR CHANGES IN THE SITE AT ANY TIME.

PACHAYOGA & HEALING, LEAPS WITH LANGUAGE AND/OR ITS SUPPLIERS MAKE NO REPRESENTATIONS ABOUT THE SUITABILITY, RELIABILITY, AVAILABILITY, TIMELINESS, AND ACCURACY OF THE INFORMATION, SOFTWARE, PRODUCTS, SERVICES AND RELATED GRAPHICS CONTAINED ON THE SITE FOR ANY PURPOSE. TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, ALL SUCH INFORMATION, SOFTWARE, PRODUCTS, SERVICES AND RELATED GRAPHICS ARE PROVIDED "AS IS" WITHOUT WARRANTY OR CONDITION OF ANY KIND. PACHAYOGA & HEALING, LEAPS WITH LANGUAGE AND/OR ITS SUPPLIERS HEREBY DISCLAIM ALL WARRANTIES AND CONDITIONS WITH REGARD TO THIS INFORMATION, SOFTWARE, PRODUCTS, SERVICES AND RELATED GRAPHICS, INCLUDING ALL IMPLIED WARRANTIES OR CONDITIONS OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE AND NON-INFRINGEMENT.

TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, IN NO EVENT SHALL PACHAYOGA & HEALING, LEAPS WITH LANGUAGE AND/OR ITS SUPPLIERS BE LIABLE FOR ANY DIRECT, INDIRECT, PUNITIVE, INCIDENTAL, SPECIAL, CONSEQUENTIAL DAMAGES OR ANY DAMAGES WHATSOEVER INCLUDING, WITHOUT LIMITATION, DAMAGES FOR LOSS OF USE, DATA OR PROFITS, ARISING OUT OF OR IN ANY WAY CONNECTED WITH THE USE OR PERFORMANCE OF THE SITE, WITH THE DELAY OR INABILITY TO USE THE SITE OR RELATED SERVICES, THE PROVISION OF OR FAILURE TO PROVIDE SERVICES, OR FOR ANY INFORMATION, SOFTWARE, PRODUCTS, SERVICES AND RELATED GRAPHICS OBTAINED THROUGH THE SITE, OR OTHERWISE ARISING OUT OF THE USE OF THE SITE, WHETHER BASED ON CONTRACT, TORT, NEGLIGENCE, STRICT LIABILITY OR OTHERWISE, EVEN IF PACHAYOGA & HEALING, LEAPS WITH LANGUAGE OR ANY OF ITS SUPPLIERS HAS BEEN ADVISED OF THE POSSIBILITY OF DAMAGES. BECAUSE SOME STATES/JURISDICTIONS DO NOT ALLOW THE EXCLUSION OR LIMITATION OF LIABILITY FOR CONSEQUENTIAL OR INCIDENTAL DAMAGES, THE ABOVE LIMITATION MAY NOT APPLY TO YOU. IF YOU ARE DISSATISFIED WITH ANY PORTION OF THE SITE, OR WITH ANY OF THESE TERMS OF USE, YOUR SOLE AND EXCLUSIVE REMEDY IS TO DISCONTINUE USING THE SITE.

Termination/Access Restriction

PachaYoga reserves the right, in its sole discretion, to terminate your access to the Site and the related services or any portion thereof at any time, without notice. To the maximum extent permitted by law, this agreement is governed by the laws of the State of Texas and you hereby consent to the exclusive jurisdiction and venue of courts in Texas in all disputes arising out of or relating to the use of the Site. Use of the Site is unauthorized in any jurisdiction that does not give effect to all provisions of these Terms, including, without limitation, this section.

You agree that no joint venture, partnership, employment, or agency relationship exists between you and PachaYoga as a result of this agreement or use of the Site. PachaYoga's performance of this agreement is subject to existing laws and legal process, and nothing contained in this agreement is in derogation of PachaYoga's right to comply with governmental, court and law enforcement requests or requirements relating to your use of the Site or information provided to or gathered by PachaYoga with respect to such use. If any part of this agreement is determined to be invalid or unenforceable pursuant to applicable law including, but not limited to, the warranty disclaimers and liability limitations set forth above, then the invalid or unenforceable provision will be deemed superseded by a valid, enforceable provision that most closely matches the intent of the original provision and the remainder of the agreement shall continue in effect.

Unless otherwise specified herein, this agreement constitutes the entire agreement between the user and PachaYoga with respect to the Site and it supersedes all prior or contemporaneous communications and proposals, whether electronic, oral or written, between the user and PachaYoga with respect to the Site. A printed version of this agreement and of any notice given in electronic form shall be admissible in judicial or administrative proceedings based upon or relating to this agreement to the same extent and subject to the same conditions as other business documents and records originally generated and maintained in printed form. It is the express wish to the parties that this agreement and all related documents be written in English.

Changes to Terms

PachaYoga reserves the right, in its sole discretion, to change the Terms under which www.pachayoga.org is offered. The most current version of the Terms will supersede all previous versions. PachaYoga encourages you to periodically review the Terms to stay informed of our updates.

Contact Us

PachaYoga welcomes your questions or comments regarding the Terms:

PachaYoga & Healing, Leaps with Language 810 Totis Rd
Austin, Texas 78748

Email Address: amanda@pachayoga.org

Telephone number: 512-573-7486

Effective as of June 03, 2020

Protecting your private information is our priority. This Statement of Privacy applies to www.pachayoga.org and PachaYoga & Healing and governs data collection and usage. For the purposes of this Privacy Policy, unless otherwise noted, all references to PachaYoga & Healing include www.pachayoga.org, PachaYoga, Leaps with Language/Amanda Nitschke and www.leapswithlanguage.com.

The PachaYoga website is a ecommerce site. By using the PachaYoga website, you consent to the data practices described in this statement.

Collection of your Personal Information

In order to better provide you with products and services offered on our Site, PachaYoga may collect personally identifiable information, such as your:

• -  First and Last Name

• -  E-mail Address

   

We do not collect any personal information about you unless you voluntarily provide it to us. However, you may be required to provide certain personal information to us when you elect to use certain products or services available on the Site. These may include: (a) registering for an account on our Site; (b) entering a sweepstakes or contest sponsored by us or one of our partners; (c) signing up for special offers from selected third parties; (d) sending us an email message; (e) submitting your credit card or other payment information when ordering and purchasing products and services on our Site. To wit, we will use your information for, but not limited to, communicating with you in relation to services and/or products you have requested from us. We also may gather additional personal or non-personal information in the future.

Use of your Personal Information

• PachaYoga collects and uses your personal information to operate its website(s) and deliver the services you have requested.

  PachaYoga may also use your personally identifiable information to inform you of other products or services available from PachaYoga and its affiliates.

  Sharing Information with Third Parties

  PachaYoga does not sell, rent or lease its customer lists to third parties.

  PachaYoga may, from time to time, contact you on behalf of external business partners about a particular offering that may be of interest to you. In those cases, your unique personally identifiable information (e-mail, name, address, telephone number) is not transferred to the third party. PachaYoga may share data with trusted partners to help perform statistical analysis, send you email or postal mail, provide customer support, or arrange for deliveries. All such third parties are prohibited from using your personal information except to provide these services to PachaYoga, and they are required to maintain the confidentiality of your information.

PachaYoga may disclose your personal information, without notice, if required to do so by law or in the good faith belief that such action is necessary to: (a) conform to the edicts of the law or comply with legal process served on PachaYoga or the site; (b) protect and defend the rights or property of PachaYoga; and/or (c) act under exigent circumstances to protect the personal safety of users of PachaYoga, or the public.

Automatically Collected Information

Information about your computer hardware and software may be automatically collected by PachaYoga. This information can include: your IP address, browser type, domain names, access times and referring website addresses. This information is used for the operation of the service, to maintain quality of the service, and to provide general statistics regarding use of the PachaYoga website.

Links

This website contains links to other sites. Please be aware that we are not responsible for the content or privacy practices of such other sites. We encourage our users to be aware when they leave our site and to read the privacy statements of any other site that collects personally identifiable information.

Security of your Personal Information

PachaYoga secures your personal information from unauthorized access, use, or disclosure. PachaYoga uses the following methods for this purpose:

- SSL Protocol

When personal information (such as a credit card number) is transmitted to other websites, it is protected through the use of encryption, such as the Secure Sockets Layer (SSL) protocol.

We strive to take appropriate security measures to protect against unauthorized access to or alteration of your personal information. Unfortunately, no data transmission over the Internet or any wireless network can be guaranteed to be 100% secure. As a result, while we strive to protect your personal information, you acknowledge that: (a) there are security and privacy limitations inherent to the Internet which are beyond our control; and (b) security, integrity, and privacy of any and all information and data exchanged between you and us through this Site cannot be guaranteed.

Right to Deletion

Subject to certain exceptions set out below, on receipt of a verifiable request from you, we will:

• Delete your personal information from our records; and

• Direct any service providers to delete your personal information from their records.

  Please note that we may not be able to comply with requests to delete your personal information if it is necessary to:

• Complete the transaction for which the personal information was collected, fulfill the terms of a written warranty or product recall conducted in accordance with federal

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law, provide a good or service requested by you, or reasonably anticipated within the context of our ongoing business relationship with you, or otherwise perform a contract between you and us;

• Detect security incidents, protect against malicious, deceptive, fraudulent, or illegal activity; or prosecute those responsible for that activity;

• Debug to identify and repair errors that impair existing intended functionality;

• Exercise free speech, ensure the right of another consumer to exercise his or her right

  of free speech, or exercise another right provided for by law;

• Comply with the California Electronic Communications Privacy Act;

• Engage in public or peer-reviewed scientific, historical, or statistical research in the

  public interest that adheres to all other applicable ethics and privacy laws, when our deletion of the information is likely to render impossible or seriously impair the achievement of such research, provided we have obtained your informed consent;

• Enable solely internal uses that are reasonably aligned with your expectations based on your relationship with us;

• Comply with an existing legal obligation; or

• Otherwise use your personal information, internally, in a lawful manner that is

  compatible with the context in which you provided the information.

  Children Under Thirteen

  PachaYoga does not knowingly collect personally identifiable information from children under the age of thirteen. If you are under the age of thirteen, you must ask your parent or guardian for permission to use this website.

  E-mail Communications

  From time to time, PachaYoga may contact you via email for the purpose of providing announcements, promotional offers, alerts, confirmations, surveys, and/or other general communication. In order to improve our Services, we may receive a notification when you open an email from PachaYoga or click on a link therein.

  If you would like to stop receiving marketing or promotional communications via email from PachaYoga, you may opt out of such communications by amanda@pachayoga.org.

  Changes to this Statement

  PachaYoga reserves the right to change this Privacy Policy from time to time. We will notify you about significant changes in the way we treat personal information by sending a notice to the primary email address specified in your account, by placing a prominent notice on our site, and/or by updating any privacy information on this page. Your continued use of the Site and/or Services available through this Site after such modifications will constitute your: (a) acknowledgment of the modified Privacy Policy; and (b) agreement to abide and be bound by that Policy.

  Contact Information

  PachaYoga welcomes your questions or comments regarding this Statement of Privacy. If you believe that PachaYoga has not adhered to this Statement, please contact PachaYoga at:

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PachaYoga & Healing 810 Totis Rd
Austin, Texas 78748

Email Address: 573-7486

Telephone number: 512

Effective as of July 07, 2020

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