Terms

THESE TERMS OF USE GOVERN ACCESS TO AND USE OF THE MYANANDAWELLNESS.COM WEBSITE as well as any Ananda Wellness mobile apps or service offerings (together, the "Ananda Platforms"). Ananda Wellness is an operating division of Ananda Health, and is referred to as "Ananda", "we" or "us".

Important – This is a legal agreement between you (referenced herein with "you", "your," or "user") and Ananda. As a condition to using the Ananda Platforms, you agree to be legally bound by all the terms and conditions contained in these Terms of Use (which we reference herein collectively as the "Agreement"). Please read this entire Agreement carefully. If you do not agree with this agreement, you are not granted permission to access or otherwise use the Ananda Platforms and are instructed to exit immediately.

By downloading, accessing, or using the Ananda Platforms, you also represent that you are at least 18 years old or you are at least the minimum legal age to enter into an enforceable contract in the jurisdiction in which you are using the Ananda Platforms. In addition, when you use any future version of the Ananda Platforms or any changes made a part of any current version, you acknowledge and agree that you also will remain subject to this Agreement (as amended). Please print a current copy of this Agreement for your records.

Please also note that Ananda reserves the right to change the terms and conditions of this Agreement by posting a revised Agreement. Your continued use of the Ananda Platforms following any announced change will be conclusively deemed acceptance of any change to the terms and conditions of this Agreement. Accordingly, please review the Agreement found at this location on a periodic basis.

Copyright

Nothing stated or implied on the Ananda Platforms confers on you any license or right under any copyright of Ananda or any third party. The Ananda Platforms and the information contained in reference herein are for your personal, non-commercial use only. Except as otherwise specifically permitted herein, you shall not broadcast, duplicate, copy, reproduce, edit, manipulate, modify, publish, rent, sell, publicly display, perform, distribute, transmit, or circulate to anyone the contents of the Ananda Platforms, or use the contents of the Ananda Platforms in litigation, or for any commercial or promotional purposes, without the express written consent of Ananda or its lawful successors and assigns. For usage permission beyond what is set forth herein, please contact us.

License and Access to Ananda Platforms

Ananda grants you a limited license to access and make personal use of the Ananda Platforms and not to download (other than browser-required page caching) or modify the Ananda Platforms, or any portion of them, except with express written consent of Ananda. Accordingly, you expressly acknowledge and agree that Ananda transfers no ownership or intellectual property interest or title in and to the Ananda Platforms (or any part thereof) to you or anyone else. You may print and download materials and information from the Ananda Platforms solely for your personal use.

The content layout, formatting, and features of and access privileges for the Ananda Platforms shall be as specified by Ananda in its sole discretion. You also acknowledge and agree to the following: (i) Ananda has the right to control and direct the means, manner, and method by which the Ananda Platforms are provided; (ii) Ananda may, from time-to-time engage independent contractors, consultants, or subcontractors to aid Ananda in providing the Ananda Platforms or use thereof; and (iii) Ananda has the right to provide the Ananda Platforms to others.

Notwithstanding the license grant herein, neither the Ananda Platforms nor any portion thereof may be reproduced, duplicated, copied, sold, resold, visited, or otherwise exploited for any commercial purpose without the express written consent of Ananda.

Other Terms and Conditions

Additional notices, terms, and conditions may apply to the purchase, return, or delivery of products. You agree to abide by such other notices, terms, and conditions, as applicable. If there is a conflict between this Agreement and other notices, terms, and conditions posted to the Ananda Platforms, Ananda shall resolve any conflict in good faith in its sole discretion, but the latter terms shall generally control with respect to your use or purchase of that product.

Links to Third Party Web Sites

The Ananda Platforms may contain hyperlinks ("links") to Web sites operated by persons or entities other than Ananda ("third-party Web Sites"). We provide such links for your reference and convenience only. A link from Ananda to a third-party Web site does not imply or mean that we endorse the content on that third-party Web site or the operator or operations of that Web site. You are solely responsible for determining the extent to which you use any content at any third-party Web Sites to which you might link from the Ananda Platforms. ANANDA IS ALSO NOT RESPONSIBLE OR LIABLE FOR ANY LOSS OR DAMAGES INCURRED AS A RESULT OF ANY DEALINGS WITH ANY THIRD-PARTY WEB SITE, ANY MERCHANT OR OPERATOR OF A THIRD-PARTY WEB SITE, OR ANY OTHER PERSON WITH WHOM YOU ENGAGE IN ANY TRANSACTION.

Feedback and Submissions

Ananda welcomes your feedback and suggestions about its programs or services or with respect to how to improve the Ananda Platforms. By transmitting any such suggestions, information, material, or other content (collectively, "feedback") to Ananda, you represent and warrant that such feedback does not infringe or violate the intellectual property or proprietary rights of any third party (including, without limitation, patents, copyrights, or trademark rights) and that you have all rights necessary to convey and enable Ananda to use such feedback. In addition, any feedback received through the Ananda Platforms will be deemed to include a royalty-free, perpetual, irrevocable, transferable, non-exclusive right and license for Ananda to adopt, publish, reproduce, disseminate, transmit, distribute, copy, use, create derivative works, and display (in whole or in part) worldwide, or act on such feedback without additional approval or consideration, in any form, media, or technology now known or later developed for the full term of any rights that may exist in such content, and you hereby waive any claim to the contrary.

Mobile Services

The Ananda Platforms may offer certain tools, handheld offerings, or services that are available to you via your mobile phone or other mobile device (collectively, "Mobile Services"). Please note that your mobile carrier’s normal messaging, data, and other rates and fees will apply to your use of the Mobile Services. In addition, downloading, installing, or using certain Mobile Services may be prohibited or restricted by your mobile carrier, and not all Mobile Services may work with all carriers or devices. Therefore, you are responsible for checking with your mobile carrier to determine if the Mobile Services are available for your mobile devices, what restrictions, if any, may be applicable to your use of the Mobile Services, and how much they will cost you. Nevertheless, all use of the Ananda Platforms shall be in accordance with this Agreement.

Postings & Reviews

The Ananda Platforms may contain blogs, message boards, comment areas, questionnaires, review areas, and other interactive features and functionality where users can share and post information. To the extent that the Ananda Platforms contain such communication forums (collectively, "Forums"), you agree that by using the Ananda Platforms you will not upload, post, display, or transmit any of the following materials on the Forums:

Anything that interferes with or disrupts the Ananda Platforms or the operation thereof,
Statements or material that defames, harasses, abuses, stalks, threatens, intimidates, or in any way violates the rights of others,
Unauthorized copyrighted materials or any other material that infringes on the intellectual property rights, trade secrets, or privacy of others,
Statements or material that violates other contractual or fiduciary rights, duties, or agreements,
Statements or material that is bigoted, hateful, or racially offensive,
Statements or material that encourages criminal conduct or that would give rise to civil liability or otherwise violates any law or regulation in any jurisdiction,
Statements or material that constitutes anti-competitive collaboration and/or antitrust violations,
Statements or material that contains vulgar, obscene, profane, or otherwise objectionable language or images that typically would not be considered socially or professionally responsible or appropriate in person,
Statements or material that harms minors,
Statements or material that impersonates any other person or entity, whether actual or fictitious, including, without limitation, employees and representatives of Ananda,
Statements or material that misrepresents your affiliation with any entity and/or Ananda,
Anything that violates the privacy or publicity rights of any other person, including, without limitation, posting any personal identifying information of another individual,
Chain letters or pyramid schemes,
Statements or materials that are deceptive or misleading,
Statements or material that constitute junk mail, spam, or unauthorized advertising or promotional materials,
Statements or material that are "off-topic" for a designated Forum, and
Files that contain malicious code, viruses, corrupted files, or any other similar software or programs that may damage the operation of another’s computer, network, or the Ananda Platforms.

Forums are the resources and property of Ananda and/or its licensors, and you will not have any proprietary interest in any Forum. Moreover, by submitting content or information of any type (a "Posting") to a Forum or other portion of the Ananda Platforms or by otherwise using the Ananda Platforms to transmit or display a Posting, you automatically grant Ananda a royalty-free, perpetual, irrevocable, non-exclusive right and license to use, reproduce, modify, publish, translate, create derivative works from, distribute, transmit, perform, and display such content or information (in whole or in part) worldwide and/or to incorporate into other works in any form, media, or technology now known or later developed for the full term of any rights that may exist in such content or information. You represent that you have all necessary rights to make the Posting available to Ananda and a Forum, and you also acknowledge that such Postings are non-confidential for all purposes and that Ananda has no control over the extent to which any idea or information may be used by any party or person once it is posted or displayed. Accordingly, notwithstanding this right and license, it is understood that by merely permitting your information, content, and materials to appear on the Ananda Platforms Ananda has not become and is not a publisher of such information, content, and materials and is merely functioning as an intermediary to enable you to provide and display a Posting. Moreover, Ananda assumes no responsibility for the deletion of or failure to store any Posting and recommends that you do not post, display, or transmit any confidential or sensitive information.

Ananda is not responsible for screening, policing, editing, or monitoring your or another user’s Postings and encourages all of its users to use reasonable discretion and caution in evaluating or reviewing any Posting. Moreover, and except as provided below with respect to Ananda’s right and ability to delete or remove a Posting (or any part thereof), Ananda does not endorse, oppose, or edit any opinion or information provided by you or another user and does not make any representation with respect to, nor does it endorse the accuracy, acceptability, completeness, timeliness, or reliability of any advice, opinion, statement, or other material displayed, uploaded, or distributed by you or any other user. Nevertheless, Ananda reserves the right to monitor, delete, or take other action with respect to Postings (or parts thereof) that Ananda believes in good faith violate this Agreement and/or are, or are potentially, unlawful or harmful to Ananda or its affiliates, volunteers, services, or goodwill. If you violate this Agreement, Ananda may, in its sole discretion, delete the unacceptable content from your Posting, remove or delete the Posting in its entirety, issue you a warning, and/or terminate your use of the Ananda Platforms or provide your personal information to third parties to enable them to take legal action in respect of unlawful or infringing content published by you on Ananda Platforms.

Your Responsibilities

You agree to comply with all applicable law in connection with your use of the Ananda Platforms.

Registration as a user for access to certain areas of the Ananda Platforms or in connection with recurring visits or purchasing may require both a user name and a password or adherence to other particular access requirements as designated by Ananda. Only one user can use one user name and password and, thus, one account. By limiting access, it helps avoid unauthorized usage by other persons, institutions, or entities because anyone with knowledge of both your user name and password can gain entry to the restricted portions of the Ananda Platforms and to your account. Accordingly, by using the Ananda Platforms, you agree to consider your user name and password as confidential information and to keep your user name and password confidential. You will immediately notify Ananda if you become aware of any loss or theft of your password or any unauthorized use of your user name and password. Ananda will not be liable for any loss or damage arising from your failure to comply with these obligations. Ananda reserves the right to delete or change a user name or password at any time and for any reason. Notwithstanding the foregoing, nothing herein shall convey to you any further rights in your account or its information and any and all such content or information shall be subject to this Agreement.

By using the Ananda Platforms, you agree not to violate or attempt to violate the security of the Ananda Platforms, including, without limitation, actions such as:
Accessing data not intended for you or logging into a server or account that you are not authorized to access;
Attempting to probe, scan, or test the vulnerability of a system or network or to breach security or authentication measures without proper authorization;
Attempting to interfere with or deny a service to us or to any user, host, or network, including, without limitation, by way of submitting a virus to or overloading, "flooding," "spamming," "mailbombing," or "crashing" the Ananda Platforms;
Sending unsolicited e-mail, including promotions and/or advertising of products or services; and
Forging any TCP/IP packet header or any part of the header information in any e-mail or Posting.

Ananda reserves the right to view, monitor, and record activity on the Ananda Platforms without notice or permission from you, including, without limitation, by archiving notices or communications sent by you through the Ananda Platforms. Any information obtained by monitoring, reviewing, or recording is subject to review by law enforcement organizations in connection with investigation or prosecution of possible criminal or unlawful activity on the Ananda Platforms as well as to disclosures required by or under applicable law or related government agency actions. Ananda will also comply with all court orders or subpoenas involving requests for such information. In addition to the foregoing, Ananda reserves the right to, at any time and without notice, modify, suspend, terminate, or interrupt operation of or access to the Ananda Platforms, or any portion of thereof in order to protect the Ananda Platforms, Ananda, or Ananda's business or goodwill.

Security of Information

You also acknowledge and agree that use of the Internet and access to the Ananda Platforms is solely at your own risk. While Ananda has endeavored to create a secure and reliable environment(s), you should understand that the confidentiality of any communication or material transmitted to/from the Ananda Platforms over the Internet or other form of global communication network is outside Ananda’s control and cannot be guaranteed. Accordingly, Ananda is not responsible for the security of any information transmitted to or from the Ananda Platforms.

Disclaimer of Warranties and Limitations on Liability

The Ananda Platforms are provided on an "as is" and "as available" basis. to the maximum extent permitted by law. Ananda makes no representations and warranties of any kind, express or implied, as to the operation of the Ananda Platforms or the information, content, third-party content, materials, products, services or linked services provided on or through the Ananda Platforms, including without limitation, that the information provided through the Ananda Platforms will be free from error, omission, interruption, defect, or delay in operation, or from technical inaccuracies or typographical errors; that the Ananda Platforms will be available at any particular time or location; that defects or errors will be corrected; or that the content on the is free of viruses or other harmful components. Any information on the Ananda Platforms is subject to change without notice. You expressly agree that your use of the Ananda’s Platforms is at your sole risk.

To the maximum extent permitted by law, Ananda disclaims all warranties, express or implied, including, but not limited to, implied warranties of merchantability and fitness for a particular purpose.

In no event will Ananda, or any party involved in creating, producing, or delivering the Ananda Platforms, be liable for any damages of any kind arising from the use of the Ananda Platforms, including, but not limited to direct, indirect, incidental, exemplary, punitive, special and consequential damages or any damages of any type or nature arising out of your access, use, misuse, or inability to use the Ananda Platforms or any linked sites or services; in the event a third party intercepts or decrypts any transmission of information that you provide to Ananda through the Ananda Platforms; in connection with any failure of performance, error, omission, interruption, defect, delay in operation or transmission, computer virus, or line or system failure; or with respect to any claim or damage arising from a cause beyond Ananda’s control whether in an action under contract, negligence, tort, strict liability, or any other theory, even if Ananda has been previously advised of the possibility of such damages. Certain states or jurisdictions do not allow limitations on implied warranties or the exclusion or limitation of certain damages. If these laws apply to you, some or all of the above disclaimers, exclusions, or limitations may not apply to you, and you may have additional rights.

Applicable Law and Disputes

This Agreement, your rights and obligations, Ananda’s rights and obligations, and all actions contemplated by this Agreement will be governed by laws of the Commonwealth of Kentucky, without regard to principles of conflicts of law and as if this Agreement were a contract wholly entered into and wholly performed within that state and country. This Agreement will not be governed by the United Nations Convention on Contracts for the International Sale of Goods. Further, you also acknowledge and agree that any applicable state law implementation of the Uniform Computer Information Transactions Act (including any available remedies or laws) shall not apply to this Agreement and is hereby disclaimed.

Any dispute relating in any way to your visit to the Ananda Platforms shall be exclusively brought in the Federal and State courts located in the Fayette County, Kentucky.

Injunctive Relief

You acknowledge that any breach, threatened or actual, of this Agreement, including, without limitation, with respect to unauthorized use of Ananda proprietary assets, will cause irreparable injury to Ananda, such injury would not be quantifiable in monetary damages, and Ananda would not have an adequate remedy at law. You therefore agree that Ananda shall be entitled, in addition to other available remedies, to seek and be awarded an injunction or other appropriate equitable relief from a court of competent jurisdiction restraining any breach, threatened or actual, of your obligations under any provision of this Agreement. Accordingly, you hereby waive any requirement that Ananda post any bond or other security in the event any injunctive or equitable relief is sought by or awarded to Ananda to enforce any provision of this Agreement.

Indemnification

You agree to defend, indemnify, and hold harmless Ananda and its affiliates, successors and assigns, and its directors, officers, employees, agents, co-branders or other partners from and against any and all allegations, claims, demands, actions, causes of action, proceedings (whether threatened or pending), orders, damages, losses, liabilities, costs and expenses, including reasonable attorneys’ fees and other legal expenses, and judgments of any kind or nature, incurred by Ananda arising out of or relating to your use of the Ananda Platforms and your violation of this Agreement or relating to any payment dispute with a third-party provider arising from a purchase or incurrence of fees made by you.

Term and Termination

This Agreement will take effect at the moment you click "Accept", register, respond to a request for information, place an order and/or begin downloading, accessing, or using the Ananda Platforms, whichever is earliest. Ananda reserves the right at any time and on reasonable grounds, which shall include, without limitation, any reasonable belief of fraudulent or unlawful activity or actions or omissions that violate any term or condition of this Agreement, to deny your access to the Ananda Platforms or to any portion thereof in order to protect its name and goodwill, its business, and/or other users, and this Agreement will also terminate automatically if you fail to comply with its terms and conditions, subject to the survival rights of certain provisions identified below. Termination will be effective without notice. You may also terminate this Agreement at any time by ceasing to use the Ananda Platforms, but all applicable provisions of this Agreement will survive termination, as identified below, and each re-access or use of the Ananda Platforms will reapply this Agreement (then in effect) to you. Upon termination, you must destroy all copies of any aspect of the Ananda Platforms in your possession. The provisions concerning Ananda’s proprietary rights, feedback and submissions, indemnity, disclaimers of warranty and liability, waiver and severability, miscellaneous legal terms, and governing law will survive the termination of this Agreement for any reason.

Miscellaneous Legal Provisions

We may discontinue the Ananda Platforms at any time and for any reason, without notice. We may change the contents, operation, or any and all other features of the Ananda Platforms at any time for any reason, without notice. We may discontinue or restrict your use of the Ananda Platforms at any time for any reason, without notice.

Nothing contained in this Agreement is in derogation of Ananda’s right to comply with governmental, court, and law enforcement requests or requirements relating to your use of the Ananda Platforms or information provided to or gathered by Ananda with respect to such use. 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.

The failure of Ananda to enforce any provisions of this Agreement or respond to a breach by you or other parties shall not in any way waive its right to enforce subsequently any terms or conditions of this Agreement or to act with respect to similar breaches.

If any provision in this Agreement is invalid or unenforceable under applicable law, the remaining provisions will continue in full force and effect, and the invalid unenforceable provision will be deemed superseded by a valid, enforceable provision that most closely matches the intent of the original provision.

This Agreement is the entire and final Agreement regarding the Ananda Platforms and their content, and supersedes any prior or contemporaneous communications between Ananda and you regarding the Ananda Platforms and their contents.

Updated on December 11, 2024