Welcome to the Vipani Web Site ("Web Site"). Please review the following terms and conditions concerning your use of the Web Site. By accessing, using or downloading any information and/or materials from the Web Site, you agree to follow and be bound by these terms and conditions of this Terms of Use (the "Terms of Use"). If you do not agree with this Terms of Use, please do not use this Web Site. This Web Site may contain other proprietary notices and copyright information, the terms of which must be observed and followed.

1. USE OF THE WEB SITE OR CONTENT

Your right to use and access this Web Site is personal to you. All information, data, text, photographs, graphics, video, messages or other materials available or accessible on the Web Site ("Content") are owned by Vipani. You agree not to reproduce, copy, sell, resell or exploit for any commercial service the Web Site and the Content. You further agree not to copy or post on any networked computer, broadcast in any media, or to use, modify, distribute, publish, transmit or create derivative works of any Content for any purpose without Vipani's prior written consent.

Except as expressly provided above, nothing contained in this Web Site, including but not limited to all Content, will be construed as conferring by implication, estoppel, or otherwise any license or right under any copyright, patent, trademark or other intellectual property right of Vipani or any third party. Except as expressly provided above nothing contained herein shall be construed as conferring any license or right under any Vipani copyright and all contents on our Web Site are protected by copyright. Any product, process, data, information or technology in this Web Site may be the subject of other intellectual property rights and are reserved by Vipani and is not licensed hereunder.

2. USER CONDUCT

You agree to not use the Web Site to:
(a) violate or solicit the violation of any applicable local, state, national or international law;
(b) infringe the rights of any third party, including but not limited to intellectual property rights and privacy or publicity rights; or
(c) interfere with or disrupt the Web Site, computer servers or boards accessible through the Web Site. If you do use the Web Site to commit any of the above, Vipani may, at its sole discretion terminate your ability to use the Web Site.

3. SUBMISSIONS

Any feedback, information, suggestions, submissions or materials you submit through or in connection with this Web Site (a "Submission") will be considered non-confidential by Vipani. By providing such Submissions to Vipani, you hereby agree that Vipani shall have a non-exclusive, transferable, royalty free, fully-paid up, irrevocable, perpetual, worldwide right and license to copy, use, make derivative words of, display, distribute any otherwise exploit all Submissions and all intellectual property rights therein. Vipani shall be free to use and/or disseminate such Submissions on an unrestricted basis for any purpose. You acknowledge that you are responsible for the Submissions that you provide, and that you, not Vipani, have full responsibility for the Submissions, including their legality and copyright.

4. MODIFICATION AND TERMINATION OF WEB SITE

Vipani reserves the right at any time to modify or discontinue, temporarily or permanently, the Web Site (or any part of it) with or without notice. You agree that Vipani shall not be liable to you or to any third party for any modification, suspension or discontinuance of the Web Site. Vipani may also make improvements and/or changes in the products, services and/or the programs described in this Web Site at any time without notice. However, Vipani disclaims any responsibility to update, improve or change this Web Site.

5. OTHER WEB SITES AND RESOURCES

The Web Site may include links to other web sites and resources. Because Vipani has no control over such sites and resources, you acknowledge and agree that Vipani is not responsible for the availability of such sites or resources, and does not endorse and is not responsible or liable for any content, advertising, products, or other materials on or available from such sites or resources. You further acknowledge and agree that Vipani shall not be responsible or liable, directly or indirectly, for any damage or loss caused or alleged to be caused by or in connection with use of or reliance on any such content, goods or web sites available on or through any such site or resource.

6. INTERNATIONAL USE

By choosing to access the Web Site from any location other than the United States, you accept full responsibility for compliance with all local laws that are applicable. Vipani makes no representation that materials on the Web Site are appropriate or available for use in locations outside the United States, and accessing them from territories where such activity is illegal is strictly prohibited.

7. SECURITY PRECAUTIONS

It is up to you to fully understand the risks and threats of using the public Internet, and to be sufficiently aware of those risks to adequately protect your confidential information. Vipani provides some information regarding security and privacy in our Privacy Policy. This document is provided as a guideline, but it is up to the user to remain current and exercise care when using the Internet. You should seek professional advice on protecting your privacy and evaluating the security of the information systems you are using.

8. DISCLAIMER OF WARRANTIES

Information accessed on the Web Site is not exhaustive. Vipani makes reasonable efforts to include accurate and current information, whenever possible, but makes no warranties or representations as to its accuracy or completeness. THE INFORMATION ON THIS WEB SITE IS PROVIDED "AS-IS" WITHOUT WARRANTY OF ANY KIND, EITHER EXPRESSED OR IMPLIED, STATUTORY OR OTHERWISE, INCLUDING BUT NOT LIMITED TO IMPLIED WARRANTY OF FITNESS FOR A PARTICULAR PURPOSE, NON-INFRINGEMENT AND MERCHANTABILITY. YOU EXPRESSLY UNDERSTAND AND AGREE THAT:
(a) YOUR USE OF THE WEB SITE IS AT YOUR SOLE RISK. THE WEB SITE IS PROVIDED ON AN "AS IS" AND "AS AVAILABLE" BASIS;
(b) VIPANI MAKES NO WARRANTY THAT (i) THE WEB SITE WILL MEET YOUR REQUIREMENTS, (ii) THE WEB SITE WILL BE UNINTERRUPTED, TIMELY, SECURE, OR ERROR-FREE, (iii) THE INFORMATION THAT MAY BE OBTAINED FROM THE USE OF THE WEB SITE WILL BE ACCURATE OR RELIABLE;
(c) ANY MATERIAL OBTAINED THROUGH THE USE OF THE WEB SITE IS OBTAINED AND USED AT YOUR SOLE RISK AND DISCRETION AND YOU WILL BE SOLELY RESPONSIBLE FOR ANY DAMAGE TO YOUR COMPUTER SYSTEM OR LOSS OF DATA; AND
(d) NO ADVICE OR INFORMATION, WHETHER ORAL OR WRITTEN, OBTAINED BY YOU THROUGH OR FROM THE WEB SITE SHALL CREATE ANY WARRANTY BY VIPANI.

9. LIMITATION OF LIABILITY

YOU EXPRESSLY UNDERSTAND AND AGREE THAT VIPANI OR ANY OTHER PARTY INVOLVED IN CREATING, PRODUCING OR DISTRIBUTING THE WEB SITE SHALL NOT BE LIABLE FOR ANY INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL OR EXEMPLARY DAMAGES, INCLUDING BUT NOT LIMITED TO, DAMAGES FOR LOSS OF PROFITS, GOODWILL, USE, DATA OR OTHER INTANGIBLE LOSSES (EVEN IF VIPANI HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES), RESULTING FROM: (i) THE USE OR THE INABILITY TO USE THE WEB SITE; (ii) UNAUTHORIZED ACCESS TO OR ALTERATION OF YOUR TRANSMISSIONS OR DATA; (iii) STATEMENTS OR CONDUCT OF ANY THIRD PARTY ON THE WEB SITE; OR (iv) ANY OTHER MATTER RELATING TO THE WEB SITE. IN NO EVENT SHALL VIPANI'S LIABILITY TO YOU EXCEED ONE HUNDRED DOLLARS ($100). SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OF CERTAIN WARRANTIES OR THE LIMITATION OR EXCLUSION OF LIABILITY FOR INCIDENTAL OR CONSEQUENTIAL DAMAGES. ACCORDINGLY, SOME OF THE ABOVE LIMITATIONS OF SECTION 8 MAY NOT APPLY TO YOU.

10. INDEMNITY

You agree to indemnify and hold Vipani, and its subsidiaries, affiliates, officers, agents, co-branders or other partners, and employees, harmless from any claim or demand, including reasonable attorneys' fees, made by any third party due to or arising out of your use of our site, your violation of the Terms of Use, or your violation of any rights of another person or entity.

11. NOTICES

Notices to you may be made via either email or regular mail. Vipani may also provide notices of changes to this Terms of Use or the Web Site by displaying notices or links to notices to you generally on the Web Site.

12. MODIFICATION OF AGREEMENT

We may amend this Terms of Use at any time by posting the amended terms on our site at www.vipani.org and you are responsible for regularly reviewing this Terms of Use. All amendments shall automatically be effective thirty (30) days after they are initially posted on the Web Site. Your use of the Web Site following the effective date of any modifications shall constitute your binding acceptance of those modifications.

13. GENERAL

This Terms of Use constitutes the entire agreement between you and Vipani with respect to the Web Site and supersedes all prior agreements and understandings between you and Vipani. Vipani's failure to enforce any provision of this Terms of Use will not be construed as a waiver of any provision or right. In the event that a portion of this Terms of Use is held unenforceable, the unenforceable portion will be construed in accordance with applicable law as nearly as possible to reflect the original intentions of the parties, and the remainder of the provisions will remain in full force and effect. Sections 1, 3, 5, 6, 8, 9, 10 and 13 of this Terms of Use shall survive any termination of the Terms of Use. This Terms of Use shall be governed by the laws of the State of California without regard to its conflict of law provisions. Both parties submit to personal jurisdiction in California and further agree that any cause of action relating to this Terms of Use shall be brought in a court in Santa Clara County, California.

If you are a California resident, you may have a copy of this Terms of Use emailed to you by sending a letter to Vipani, 1555 W Middlefield Road #82, Mountain View, CA 94043 with your email address and a written request for the Terms of Use.