Last Update: August 9, 2018
Previous Update: January 25, 2016
Namchak reserves the right to change or modify any of the terms and conditions contained in the Terms or any policy or guideline of the Site, at any time and in its sole discretion. Any changes or modifications will be effective immediately upon posting of the revisions to the Site, and you waive any right you may have to receive specific notice of such changes or modifications. Your continued use of the Site following the posting of changes or modifications will confirm your acceptance of such changes or modifications. Therefore, you should frequently review the Terms and applicable policies to understand the terms and conditions that apply to your use of the Site and the Services. If you do not agree to the amended Terms, you must stop using the Site and the Services.
2. Copyright and Limited License
Unless otherwise indicated on the Site, the Site and all content and other materials therein, including, without limitation, the Namchak logo, trademarks, service marks, copyrights, intellectual property and all designs, text, graphics, photographs, pictures, information, data, software, sound files, and other files and the selection and arrangement thereof (collectively, “Site Materials”) are the proprietary property of Namchak or its parent, licensors, subsidiaries, affiliates, or users and are protected by U.S. and international copyright laws.
Unless otherwise noted, Namchak and all other trademarks, service marks, trade names, and logos displayed on the Services are the trademarks, service marks, trade names, and logos of Namchak. All other trademarks, service marks, trade names, and logos are the property of their respective owners. Nothing on the Services shall be construed as granting, by implication, estoppel, or otherwise, any license or right to use any trademark, service mark, trade name, or logo displayed on the Services without the owner’s prior written permission. Unauthorized use of Namchak and all other trademarks, service marks, trade names, and logos displayed on the Services is strictly prohibited.
Site Materials may not be copied, reproduced, republished, uploaded, posted, re-delivered using framing technology, transmitted, displayed, performed, distributed or used in any way without Namchak’s prior written permission. Namchak grants permission to use the trademarks, service marks, trade names and logos in the Learning Circles Media and Tool Kit (“LC Kit”) ONLY as set forth in the LC Kit. Any deviation or other use is not permitted without Namchak’s prior written permission. No permission is granted to use the Site icons, addresses or other means to hyperlink other web sites with any page in the Site.
You are granted a limited, nonexclusive, non-sub-licensable license to access and use the Site and print one hard copy of the Site Materials for your informational, non-commercial, and personal use only. Such license is subject to these Terms and does not include: (a) any resale or commercial use of the Site or the Site Materials; (b) the collection and use of any pictures or descriptions; (c) the distribution, public performance, or public display of any Site Materials; (d) modifying or otherwise making any derivative uses of the Site and the Site Materials, or any portion thereof; (e) use of any data mining, robots, or similar data gathering or extraction methods; (f) downloading (other than page caching) of any portion of the Site, Site Materials, the LC Kit or any information contained therein, except as expressly permitted on the Site; or (g) any use of the Site or the Site Materials other than for its intended purpose. Any use of the Site, the Site Materials or the LC Kit other than as specifically authorized herein, without the prior written permission of Namchak, is strictly prohibited and will terminate the license granted herein. Such unauthorized use may also violate applicable laws, including, without limitation, copyright and trademark laws and applicable communications regulations and statutes. Unless explicitly stated herein, nothing in these Terms shall be construed as conferring any license to intellectual property rights, whether by estoppel, implication, or otherwise. This license is revocable at any time.
In certain cases, we may permit you to download certain software applications, such as screensavers and materials in the LC Kit, from our Site. If you elect to do so you must keep intact all copyright and other proprietary rights. Anything you download from our Site with our permission is under a grant of license; we do not transfer title to the software to you.
3. Repeat Infringer Policy; Copyright Complaints
In accordance with the Digital Millennium Copyright Act (“DMCA”) and other applicable law, Namchak had adopted a policy of terminating, in appropriate circumstances and at our sole discretion, subscribers or account holders who are deemed to be repeat infringers. Namchak may at its sole discretion limit access to the Site and/or terminate the accounts of any users who infringe any intellectual property rights of others, whether or not there is any repeat infringement.
If you believe that anything on the Site infringes upon any copyright which you own or control, you may file a notification of such infringement with our Designated Agent, as set forth below.
You acknowledge that if you fail to comply with substantially all of the above requirements of this section, your DMCA notice may not be valid and we may not be able to remove infringing content. All notices of claimed infringement shall be sent to Namchak’s Designated Agent, whose contact information is noted below:
Name of Designated Agent:
400 W Broadway, Ste 101-233
Missoula, MT 59802
Phone # 406.541.3000
Email: [email protected]
Please see 17 U.S.C. § 512(c)(3) for the requirements of a proper notification.
NAMCHAK, the Namchak logo and any other product or service names or slogans contained in the Site are trademarks under license to Namchak or its parent, subsidiaries, licensees or affiliates and may not be copied, imitated, or used, in whole or in part, without the prior written permission of Namchak or the applicable trademark owner. You may not use any metatags or any other “hidden text” utilizing “Namchak” or any other name, trademark, or product or service name of Namchak without our prior written permission and as provided for in the LC Kit. In addition, the look and feel of the Site, including all page headers, custom graphics, button icons, and scripts, is the service mark, trademark, and/or trade dress of Namchak and may not be copied, imitated, or used, in whole or in part, without our prior written permission and as provided for in the LC Kit. All other trademarks, registered trademarks, product names, and company names or logos mentioned in the Site are the property of their respective owners. Reference to any products, services, processes, or other information, by trade name, trademark, manufacturer, supplier, or otherwise does not constitute or imply endorsement, sponsorship, or recommendation by us. The use or misuse of these trademarks or any other content on this Site, except as provided in these Terms or in the Site content, is strictly prohibited. Nothing contained on the Site shall be construed as granting, by implication or otherwise, any license or right to use any Namchak trademark without our prior written permission and as provided for in the LC Kit.
You are granted a limited, non-exclusive right to create a text hyperlink to the Site for non-commercial purposes, provided such link does not portray Namchak or any of its services in a false, misleading, derogatory, or otherwise defamatory manner and provided further that the linking site does not contain any adult or illegal material or any material that is abusive, offensive, harassing, or otherwise objectionable. This limited license may be revoked at any time. You may not use the Namchak logo or other proprietary graphic to link to this Site without the express written permission of Namchak and as provided for in the LC Kit. Further, you may not use, frame, or utilize framing techniques to enclose any Namchak trademark, logo, or other proprietary information, including the images found at the Site, the content of any text, or the layout/design of any page or form contained on a page on the Site without our express prior written consent.
Namchak may also provide links to third party content (“Third Party Content”) and websites, including, but not limited to, PayPal and various social media sites, including but not limited to Facebook, Twitter, Instagram and YouTube. We provide these links as a convenience, and we make no claim or representation regarding, and accept no responsibility for, the quality, content, nature, or reliability of any third party site accessible by hyperlink from the Site or websites linking to the Site. Such sites are not under the control of Namchak and the inclusion of a link does not imply affiliation, endorsement, or adoption by Namchak of any site or any information contained therein. When you leave our Site, you should be aware that our terms and policies no longer govern. You should review the applicable terms and policies, including privacy and data gathering practices, of any site to which you navigate from this Site.
6. Donation Payments
7. Third Party Content, Advertising and Business Dealings
We may provide Third Party Content on the Site and may provide links as a service to those interested in this information. We do not monitor or have any control over any Third Party Content or third party websites. We do not endorse or adopt any Third Party Content and can make no guarantee as to its accuracy or completeness. We do not represent or warrant the accuracy of any information contained therein and undertake no responsibility to update or review any Third Party Content. Users use such Third Party Content contained therein at their own risk.
Namchak may run advertisements and promotions from third parties on the Site or may otherwise provide information about or links to third-party products or services on the Site. Your business dealings or correspondence with, or participation in promotions of, such third parties, including Namchak’s parent, licensors, subsidiaries, or affiliates, and any terms, conditions, warranties, or representations associated with such dealings or promotions are solely between you and such third party. We are not responsible or liable for any loss or damage of any sort incurred as the result of such dealings or promotions or as a result of such third party information or advertisements on the Site.
You acknowledge and agree that any materials, including, but not limited to, questions, comments, suggestions, ideas, plans, notes, drawings, original or creative materials, or other information regarding Namchak, our Site, or our products or services that you provide to us (“Submissions”) are non-confidential and shall become the sole property of Namchak. Namchak shall own exclusive rights, including all intellectual property rights, and shall be entitled to the unrestricted use and dissemination of these Submissions for any purpose, commercial or otherwise, without credit, acknowledgement or compensation to you. You further agree that Namchak is free to use any ideas, concepts, or know-how that you or individuals acting on your behalf provide to Namchak without any monetary or other obligation to you.
We appreciate hearing from you and welcome your comments. Our policy does not allow us to accept unsolicited unpatented ideas, advertising or marketing suggestions, musical compositions, intellectual property, patent applications, models, prototypes, or any information, written or oral, which you, the submitter, regard as confidential (“Unwanted Submissions”). While we do value your feedback, we request that you be specific in your comments on those services and products, and not submit any Unwanted Submissions. If, despite our request that you not send us Unwanted Submissions, you send such Unwanted Submissions to us, such Unwanted Submissions shall be deemed, and shall remain, our property. Unwanted Submissions shall not be subject to any obligation of confidence on our part, and we shall not be liable for any use or disclosure of any such Unwanted Submissions. Without limitation of the foregoing, we shall exclusively own all now known or hereafter known existing rights to such Unwanted Submissions of every kind and nature throughout the universe and shall be entitled to unrestricted use of the Unwanted Submissions for any purpose whatsoever, commercial or otherwise, without credit, acknowledgement or compensation to the submitter of such Unwanted Submissions.
9. User Content and Interactive Services or Areas and Learning Circles
The Site may include discussion forums, blogs, profiles, so-called Learning Circles or other interactive areas or services (collectively “Interactive Areas”) in which you or other users meet, create, post, or store content, such as text, music, sound, photos, videos, graphics, code, or other items or materials on the Site (“User Content”). You agree that you are solely responsible for your User Content and for your use of such Interactive Areas and Learning Circles, and that you use the Interactive Areas at your own risk.
By using any Interactive Areas, you agree not to post, upload to, transmit, distribute, store, create, or otherwise publish or send through the Site any of the following:
- User Content that is unlawful, libelous, defamatory, obscene, pornographic, indecent, lewd, suggestive, harassing, threatening, invasive of privacy or publicity rights, abusive, inflammatory, fraudulent, or otherwise objectionable;
- User Content that would constitute, encourage, or provide instructions for a criminal offense, violate the rights of any party, incite violence or insurrection, or otherwise create liability or violate any local, state, national, or international law;
- User Content that may infringe any patent, trademark, trade secret, copyright, or other intellectual or proprietary right of any party;
- User Content that may impinge or infringe upon the publicity, privacy, or data protection rights of others, including photos, pictures or information about another individual where you have not obtained such individual’s consent;
- User Content that impersonates any person or entity or otherwise misrepresents your affiliation with a person or entity;
- Unsolicited promotions, political campaigning, advertising, or solicitations;
- Viruses, corrupted data, or other harmful, disruptive, or destructive files; and
- User Content that, in our sole judgment, is objectionable or which restricts or inhibits any other person from using or enjoying the Interactive Areas or the Site, or which may expose Namchak or its users to any harm or liability of any type.
Any use of the Interactive Areas or other portions of the Site in violation of the foregoing violates these Terms and may result in, among other things, termination or suspension of your rights to use the Interactive Areas and/or the Site.
Except as otherwise provided herein, Namchak claims no ownership or control over any User Content. In the event Paragraph 8 is not applicable, by submitting or posting User Content on the Site, you grant Namchak, its parent, licensors, subsidiaries, and affiliates a nonexclusive, royalty-free, perpetual, irrevocable, and fully sub-licensable right to use, reproduce, modify, alter, adapt, publish, translate, create derivative works from, distribute, perform, and display such User Content throughout the world in any manner or media on or in connection with the Site, all without compensation or credit to you or the source.
By posting User Content to the Site, you represent and warrant that (a) such User Content is non-confidential; (b) you own and control all of the rights to the User Content or you otherwise have the right to post and use such User Content to the Site and to grant the rights to Namchak that you grant in these Terms; (c) you have the written permission of all people whose name, voice or likeness appears in any User Content (and parent/legal guardian permission if such person is a minor) to post the User Content and to grant the rights granted above with respect thereto; (d) the User Content is accurate and not misleading or harmful in any manner; and (e) the User Content and your use and posting thereof does not violate these Terms or any applicable law, rule, or regulation.
A Learning Circle is a small group that meets regularly to create learning environments and apply spiritual insight in a group-oriented, practical way. During the meetings, participants talk together about life’s challenges and how Namchak’s teachings and methods apply. Participants offer each other simple, caring support. Participants meditate together. Each Learning Circle may post a message with contact information on the Site. Namchak shall review all such posts prior to posting them on the Site. There will be a “Connect Now” button for each group where a participant can contact a Learning Circle. All such contacts will be reviewed by Namchak prior to contact with the Learning Circle.
10. Eligibility; Registration; Account Security
In order to be eligible to register on and use the Site, you must be at least 13 years of age. If you are between 13 to 18 years of age, we expect you to have your parent’s permission before participating on this Site. You represent and warrant that you are 13 years of age or older and have parental permission to participate on the Site.
In consideration of your use of the Site, you agree to (a) provide accurate, current, and complete information about yourself as requested ; (b) maintain the security of your password and identification; (c) maintain and promptly update your registration information; and (d) accept all risks of unauthorized access to any information you provide to us.
11. Site Security
You agree not to violate or attempt to violate the security of the Site, including, without limitation: (a) accessing data not intended for such user or logging onto a server or an account that the user is not authorized to access; (b) attempting to reverse engineer, probe, scan or test the vulnerability of a system or network or to breach security or authentication measures without our prior written authorization; (c) attempting to interfere with service to any user, host or network, including, without limitation, via means of submitting a virus to the Site, overloading, “flooding,” “spamming,” “mailbombing” or “crashing”; (d) sending unsolicited messages, including promotions and/or advertising of products or services; or (e) forging any TCP/IP packet header or any part of the header information in any email, message, newsgroup or social network posting. Violations of system or network security may result in civil or criminal liability. We will investigate occurrences that may involve such violations and may involve, and cooperate with, law enforcement authorities in prosecuting users who are involved in such violations. You agree not to use any device, software or routine to interfere or attempt to interfere with the proper working of this Site or any activity being conducted on this Site.
You agree to defend, indemnify, and hold harmless Namchak, its parent, licensors, subsidiaries, affiliates, independent contractors, service providers, and consultants, and their respective members, directors, assignees, employees, licensees, representatives and agents, from and against any claims, damages, costs, liabilities, and expenses (including, but not limited to, reasonable attorneys’ fees) arising out of or related to your use of our Services, any User Content you post, store, or otherwise transmit on or through the Site, or your use of the Interactive Areas, including, without limitation, any actual or threatened suit, breach or alleged breach, demand, or claim made against Namchak, its parent, licensors, subsidiaries, affiliates, independent contractors, service providers, and consultants, and their respective members, directors, assignees, employees, licensees, representatives and agents, arising out of or relating to the User Content, your conduct, your violation of these Terms, or your violation of the rights of any third party. Further, you agree to indemnify, hold harmless and defend Namchak, its parent, licensors, subsidiaries, affiliates, independent contractors, service providers, and consultants, and their respective members, directors, assignees, employees, licensees, representatives and agents, from any claims, damages, losses, liabilities, and all costs and expenses of defense, including but not limited to reasonable attorneys’ fees, resulting directly or indirectly from a claim by a third party that is based on your use of the Services in violation of this Agreement.
If you are a California resident, you waive California Civil Code Section 1542, which says: “A general release does not extend to claims which the creditor does not know or suspect to exist in his favor at the time of executing the release, which if known by him must have materially affected his settlement with the debtor.” If you are a resident of another jurisdiction, you waive any comparable statute or doctrine.
EXCEPT AS EXPRESSLY PROVIDED TO THE CONTRARY IN A WRITING SIGNED BY NAMCHAK, THE SITE, THE SITE MATERIALS CONTAINED THEREIN, AND THE SERVICES PROVIDED ON OR IN CONNECTION THEREWITH ARE PROVIDED ON AN “AS IS” BASIS WITHOUT WARRANTIES OF ANY KIND, EITHER EXPRESS OR IMPLIED. NAMCHAK AND ITS PARENT, LICENSORS, SUBSIDIARIES, AFFILIATES, INDEPENDENT CONTRACTORS, SERVICE PROVIDERS, AND CONSULTANTS, AND THEIR RESPECTIVE MEMBERS, DIRECTORS, ASSIGNEES, EMPLOYEES, LICENSEES, REPRESENTATIVES AND AGENTS DISCLAIM ALL OTHER WARRANTIES, EXPRESS OR IMPLIED, INCLUDING, WITHOUT LIMITATION, IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE, AND NON-INFRINGEMENT AS TO THE INFORMATION, CONTENT, AND MATERIALS ON THE SITE. NEITHER NAMCHAK NOR ITS PARENT, LICENSORS, SUBSIDIARIES, AFFILIATES, INDEPENDENT CONTRACTORS, SERVICE PROVIDERS, AND CONSULTANTS, AND THEIR RESPECTIVE MEMBERS, DIRECTORS, ASSIGNEES, EMPLOYEES, LICENSEES, REPRESENTATIVES AND AGENTS REPRESENT OR WARRANT THAT THE MATERIALS ON THE SITE OR THE SERVICES ARE ACCURATE, COMPLETE, RELIABLE, CURRENT, OR ERROR-FREE.
WE ARE NOT RESPONSIBLE FOR TYPOGRAPHICAL ERRORS OR OMISSIONS. WHILE WE ATTEMPT TO MAKE YOUR ACCESS AND USE OF THE SITE AND THE SERVICES SAFE, WE CANNOT AND DO NOT REPRESENT OR WARRANT THAT THE SITE OR ITS SERVER(S) ARE FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS; THEREFORE, YOU SHOULD USE INDUSTRY-RECOGNIZED SOFTWARE TO DETECT AND DISINFECT VIRUSES FROM ANY DOWNLOAD.
Namchak reserves the right to change any and all content contained in the Site and any Services offered through the Site at any time without notice.
Namchak.org may offer health, fitness, nutritional and related information, but such information is designed and provided for informational purposes only. No information on Namchak.org is intended to convey medical advice and nothing on namchak.org constitutes or should be construed as the practice of medicine. You should not rely on any information provided on namchak.org as a substitute or replacement for professional medical advice, diagnosis and/or treatment from a licensed medical professional. Namchak is not responsible for any actions or inaction on a user’s part based on the information that is presented on the Services.
14. Limitation of Liability
IN NO EVENT SHALL NAMCHAK, ITS PARENT, LICENSORS, SUBSIDIARIES, AFFILIATES OR THEIR RESPECTIVE MEMBERS, DIRECTORS, EMPLOYEES, LICENSORS, LICENSEES, ASSIGNEES, REPRESENTATIVES OR AGENTS BE LIABLE FOR ANY DIRECT, SPECIAL, INDIRECT, OR CONSEQUENTIAL DAMAGES, OR ANY OTHER DAMAGES OF ANY KIND, INCLUDING, BUT NOT LIMITED TO, PHYSICAL OR PERSONAL INJURY, LOSS OF USE, LOSS OF PROFITS, LOSS OF DATA, WHETHER IN AN ACTION IN CONTRACT, TORT (INCLUDING, BUT NOT LIMITED TO, NEGLIGENCE), OR OTHERWISE, ARISING OUT OF OR IN ANY WAY CONNECTED WITH THE USE OF OR INABILITY TO USE THE SITE, THE SERVICES, THE LEARNING CIRCLES, THE CONTENT OR THE MATERIALS CONTAINED IN OR ACCESSED THROUGH THE SITE, INCLUDING, WITHOUT LIMITATION, ANY DAMAGES CAUSED BY OR RESULTING FROM RELIANCE BY A USER ON ANY INFORMATION OBTAINED FROM NAMCHAK, OR THAT RESULTS FROM MISTAKES, OMISSIONS, INTERRUPTIONS, DELETION OF FILES OR EMAIL, ERRORS, DEFECTS, VIRUSES, DELAYS IN OPERATION OR TRANSMISSION, OR ANY FAILURE OF PERFORMANCE, WHETHER OR NOT RESULTING FROM ACTS OF GOD, COMMUNICATIONS FAILURE, THEFT, DESTRUCTION, OR UNAUTHORIZED ACCESS TO OUR RECORDS, PROGRAMS, OR SERVICES EVEN IF NAMCHAK HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. IN NO EVENT SHALL THE AGGREGATE LIABILITY OF NAMCHAK OR ITS PARENT, LICENSORS, SUBSIDIARIES, AFFILIATES, OR THEIR RESPECTIVE MEMBERS, DIRECTORS, EMPLOYEES, LICENSORS, LICENSEES, ASSIGNEES, REPRESENTATIVES OR AGENTS , WHETHER IN CONTRACT, WARRANTY, TORT (INCLUDING NEGLIGENCE, WHETHER ACTIVE, PASSIVE, GROSS , OR IMPUTED), PRODUCT LIABILITY, STRICT LIABILITY, OR OTHER THEORY, ARISING OUT OF OR RELATING TO THE USE OF OR INABILITY TO USE THE SITE OR THE SERVICES, EXCEED ANY COMPENSATION YOU PAY, IF ANY, TO NAMCHAK TO ACCESS OR USE THE SITE OR ONE HUNDRED (US $100.00) DOLLARS US, WHICHEVER IS GREATER.
NAMCHAK, ITS PARENT, LICENSORS, SUBSIDIARIES, AFFILIATES OR THEIR RESPECTIVE MEMBERS, DIRECTORS, EMPLOYEES, LICENSORS, LICENSEES, ASSIGNEES, REPRESENTATIVES OR AGENTS ARE NOT RESPONSIBLE FOR ANY DAMAGES, INJURIES OR LOSSES ARISING OUT OF YOUR ATTENDANCE AT OR PARTICIPATION IN LEARNING CIRCLES, WHETHER ORIGINATING THROUGH NAMCHAK OR INDEPENDENTLY OF NAMCHAK, AS SUCH TERM IS REFERRED TO ON NAMCHAK.ORG. YOU AND OTHER USERS OF NAMCHAK.ORG FORM LEARNING CIRCLES AT YOUR OWN RESPONSIBILITY AND DISCRETION. NAMCHAK.ORG IS NOT RESPONSIBLE FOR THE ACTIONS OF ANY ATTENDEES OF LEARNING CIRCLES AND DOES NOT ENDORSE ANY INDIVIDUAL LEARNING CIRCLE.
15. Applicable Law and Venue
These Terms and your use of the Site shall be governed by and construed in accordance with the laws of the State of Montana, applicable to agreements made and to be entirely performed in the State of Montana without resort to its conflict of law provisions. You agree that any action at law or in equity arising out of or relating to these Terms shall be filed only in the state and federal courts located in Montana, and you hereby irrevocably and unconditionally consent and submit to the exclusive jurisdiction of such courts over any suit, action, or proceeding arising out of these Terms. In the event we seek injunctive relief, we shall not be required to post a bond.
You agree that any cause of action arising out of or related to the Services or this Agreement must be commenced within one (1) year after the cause of action accrues. Otherwise, such cause of action is permanently barred.
You shall comply with all applicable laws, including, but not limited to, as applicable, the EU General Data Protection Regulation and its requirements related to capturing verifiable consent, obtaining parental consent, responding to data subject requests, complying with international data transfer laws and other requirements relating to personal information, data localization, cookies and recordkeeping requirements.
Namchak may assign or transfer these Terms, in whole or in part, without restriction. The section titles in these Terms are for convenience only and have no legal or contractual effect. Notices to you may be made via either email or regular mail. We may also provide notices to you of changes to these Terms or other matters by displaying notices or links to notices generally on our Site.
Notwithstanding any of these Terms, Namchak reserves the right, without notice and in its sole discretion, to terminate your license to use the Site and to block or prevent your future access to and use of the Site.
If any provision of these Terms shall be deemed unlawful, void, or for any reason unenforceable, then that provision shall be deemed severable from these Terms and shall not affect the validity and enforceability of any remaining provisions.
18. Questions and Contact Information
Questions or comments about the Site may be directed to: