TERMS OF SERVICE
Last Updated February 20, 2023
IMPORTANT PLEASE READ THE TERMS OF SERVICE CAREFULLY BEFORE CONTINUING
Welcome to Pahara Institute (“Pahara”, “we”, “our”, or “us”), a 501(c)(3) company. Pahara provides a website and portal for members (“Users”) of the Pahara network to stay connected to one another and the staff at Pahara (hereafter, the “Platform”). The Platform is available at the following url addresses: www.paharaportal.org and www.pahara.org (“Sites”). In this regard, these terms and conditions (collectively, the “Terms”, “Terms of Service”, or “Agreement”) define your rights and obligations when you use the Sites and Platform, any of our offerings, participate in our events or promotions, and more generally use any of our other products or services (collectively, the “Services”).
THE TERMS ALSO CONTAIN A BINDING INDIVIDUAL ARBITRATION CLAUSE AND CLASS-ACTION WAIVER PROVISION BELOW. IF YOU ACCEPT THE TERMS, YOU AGREE TO RESOLVE DISPUTES IN BINDING, INDIVIDUAL ARBITRATION AND GIVE UP THE RIGHT TO GO TO COURT INDIVIDUALLY OR AS PART OF A CLASS ACTION. THESE TERMS WILL AFFECT YOUR LEGAL RIGHTS. PLEASE REVIEW THEM CAREFULLY. YOU MAY HAVE A TIME-LIMITED RIGHT TO OPT OUT.
1. Description of the Services
The Platform and Services enable Users to connect with each other, build communities, or also do networking. The Service comprises a suite of online services provided by Pahara, allowing the User to:
These Terms govern the use of each component of the Services and Platform as well as general use of the Sites and Services.
2. Agreement
By using our Services, you agree to be bound by the terms of this Agreement. By entering into this Agreement, you are confirming you are an adult of legal age, you understand and accept this Agreement, and you are legally and financially responsible for all actions using or accessing the Services. Our Service is not directed at or meant for individuals under the age of 18, and no one under the age of 18 is allowed to use our Services.
This Agreement is a legal agreement between you and us and it describes the terms and conditions for using the Services. In addition, by agreeing to this Agreement, you are also expressly agreeing and acknowledging that various third-parties may be exercising some of our rights on our behalf under the Agreement. By accepting and agreeing to this Agreement, you are also agreeing to our Privacy Policy, which is expressly incorporated in full into this Agreement. Our Privacy Policy describes the types of data we collect from you and your devices, how we use your data, and the legal bases we have to process your data.
By accepting and agreeing to this Agreement, you are also agreeing to all terms of service and use, legal requirements, privacy policies, and any other agreements, terms and conditions of the platforms used to access the Services. Please review those third parties’ terms, policies, and agreements carefully. We are not responsible for the terms, policies, disclosures or actions of any third-party platforms.
We may modify these Terms at any time, and if we do, we will notify you by email or by posting the modified Terms. Please review any modified Terms before you continue using the Services. If you continue to use the Services, you are bound by the modified Terms. If you do not agree to be bound by the modified Terms, then you may not use the Services. By using any of our Services, you represent that you are at least 18 years old, and that all information you submit is correct.
If you breach these Terms we may take action against you, including but not limited to terminating your Account and/or disabling your access to the Services.
3. License Grant
Subject to these Terms and your compliance therewith, Pahara grants to you a personal, nonexclusive, nontransferable, revocable, non-sublicensable, revocable, limited right and license to access, download, play, listen to, display, and/or use the Content solely for your permitted use within the Services (collectively, the “License”). “Content” means live video and/or audio, video and/or audio recordings, pictures, text, software, scripts, graphics, photos, sounds, music, videos, audiovisual combinations, communications, interactive features, works of authorship of any kind, templates, written offerings, or other materials that are generated, provided, or otherwise made available through the Services.
The rights granted to you under the License are subject to these Terms and your full compliance with the Terms, and you may only make use of the License if you comply with all applicable Terms. The Content is licensed, not sold, to you, and you hereby acknowledge that no title or ownership in the Content is being transferred or assigned to you and the Terms should not be construed as a sale of any rights in the Content. Pahara and/or applicable third-parties retain all right, title, and interest to the Content, including, but not limited to, all copyrights, trademarks, trade secrets, trade names, proprietary rights, patents, titles, computer codes, written works, and materials.
The Content are protected by U.S. copyright and trademark law and any other applicable intellectual property laws and treaties throughout the world. You acknowledge that all copyrights and other intellectual property rights in the Services are owned by us and/or applicable third- parties to the full extent permitted under the United States Copyright Act and all international copyright laws and all other applicable laws. All rights in product names, trade names, logos, service marks, trade dress, slogans, product packaging, and designs of our Services, whether or not appearing in large print or with the trademark symbol, belong exclusively to us and/or applicable third-parties and are protected from reproduction, imitation, dilution, or confusing or misleading uses under national and international trademark and copyright laws.
The Content may not be copied, recorded, reproduced, altered, modified, or distributed in any manner or medium, in whole or in part, without prior written consent from Pahara and/or applicable third-parties. All rights not expressly granted under this Agreement are reserved by Pahara and/or applicable third-parties.
4. Non-Final Version; Updates and Patches
You agree and acknowledge that you are using a beta and/or non-final version of the Platform and at any time we may update to or publish or release an updated version of the Platform.
Therefore, although we do not have any express maintenance or support obligations with respect to the Platform, we may from time to time provide patches, updates, or upgrades to the Platform, and you hereby consent to our applying such patches, updates, and upgrades.
In addition, you agree and acknowledge we can terminate or discontinue the Platform and/or Services at any time and for any reason and may delete or modify the information stored by the Services. You also agree and acknowledge that the Platform is non-final and a work in progress, and therefore may contain bugs or errors which may cause a loss of data and/or damage to your devices, and Pahara is not liable in any way for such loss of data or damage, for interruptions of service, of for software or hardware failures.
5. User Generated Content
Our Services may also allow you to upload, publish, or otherwise make available user generated content (“User Content”). User Content may include without limitation messages, files, photographs, videos, artwork, questions, drawings, recordings, images, voice communication, texts, experiences, interactive features, screenshots, audiovisual combinations, musical works, animations, and other types of works (standalone or in combination).
You hereby grant to Pahara an irrevocable and non-exclusive permission, right, and license to host, copy, import, store, modify, adapt, display, perform, reproduce, create derivative works, publicly display, transfer, sublicense, and distribute (collectively “Use”) your User Content in whole or in part in any media, platform, or channel in connection with our Services. You retain all other rights that you may have in your User Content. You understand that you are not entitled to receive any compensation, fees, consideration, or other remuneration for your User Content in connection with our Services or our Use of your User Content.
You also represent and warrant that your User Content does not infringe upon the copyright, trademark, patent, trade secret or other intellectual property rights of any third party. You further represent and warrant that you will not use or contribute User Content that is unlawful, tortious, defamatory, obscene, invasive of the privacy of another person, threatening, harassing, abusive, hateful, racist or otherwise objectionable or inappropriate. We may remove any User Content and any related content or elements at our sole discretion.
We are not obligated to use your User Content. We do not in any manner endorse any User Content and cannot, and will not, vouch for its reliability. We are not responsible for any User Content and have no duty to monitor the User Content posted on the Services. You use any information contained in User Content at your own risk. However, we have the right, in our sole discretion, to monitor, review, edit, remove, delete, disable, refuse, restrict, or terminate access to your User Content or the Services (in whole or in part) at any time, without prior notice and in our sole discretion, for any or no reason.
6. Community Guidelines (Code of Conduct)
You agree that you are responsible for your own conduct and User Content while using our Services and/or accessing our Content, and for any consequences thereof. You may not do or attempt to do any of the following with respect to the Services and Content, or any parts thereof (Code of Conduct), unless specifically authorized to do so:
In order to ensure the Platform provides the best experience possible for everyone, if a User sees any inappropriate content, she or he must use the “Report as Offensive” feature found under each post. Pahara has no general obligation to monitor User Content nor to investigate whether facts or circumstances are revealing activities that violate the Code of Conduct. Pahara has set up this reporting tool to allow any User to notify us of illegal, abusive and harmful content. The knowledge of such content is deemed effective when the hosting provider is notified of following:
If a User Content is reported, Pahara reserves the right to withdraw the reported content and/or suspend or terminate the User Account of the User having originally published the reported content.
Pahara also reserves the right to discontinue providing our Services, Content, or any parts thereof, and to require that you to cease accessing or using same at any time for any reason, including without limitation if you violate the Code of Conduct in any way. Although Pahara is not obligated to monitor access to or use of the Services or Content or to review or edit any User Content, we have the right to do so for the purpose of operating the Services, to ensure compliance with these Terms, and to comply with applicable law or other legal requirements. We reserve the right to remove or disable access to any Content or Services, at any time and without notice. Pahara may remove any User Content we consider to be objectionable or in violation of these Terms even if not reported. We have the right to investigate violations of these Terms or conduct that affects the Services. We may also consult and cooperate with law enforcement authorities to prosecute users and others who violate the law.
You agree that your use of the Services is at your own risk, and that you will not use the Services to violate any applicable law, regulation, policies, or instructions as outlined in these Terms and you will not encourage or enable any other individual to do so. Under no circumstances and under no legal theory, tort, contract, strict, liability, or otherwise, shall the we or any related companies be liable to you or any other person for any indirect, special, incidental, damages for lost profits, loss of goodwill, work stoppage, accuracy of services, content or results, computer failure or malfunction, or damages resulting from the Content, Services or any parts thereof.
You agree to indemnify and hold harmless Pahara and its officers, employees, agents, representatives, affiliates, subcontractors, members and assigns, against any and all claims, disputes, demands, actions, suits, damages, liabilities, obligations, losses, settlements, judgements, costs and expenses (including without limitation attorneys’ fees and costs) made or entered into against us that arise out of, relate to or are the result of your actions, contents and communications related to our Services. Similarly, if you have a dispute with any third party relating to your use of our Services, you release Pahara (and our officers, directors, agents, subsidiaries, joint ventures, and employees) from all claims, demands, and damages (actual and consequential) of every kind and nature, known and unknown, suspected and unsuspected, disclosed and undisclosed, arising out of or in any way connected with such disputes.
7. User Comments and Feedback
We and our Services may offer various opportunities to interact and share your opinions and thoughts with us and others, or via various forum and blogs on our Sites, social media pages, or via other community initiatives. However, please note that the opinions or views expressed, or statements made via posts, user comments, feedback, “wiki” entries, online chat, or via other features (collectively referred to herein as “User Comments”), do not reflect the opinions or views of Pahara.
We do not review, edit or modify User Comments. However, we reserve the right to remove or modify any User Comments for any reason. By sharing User Comments and accepting the terms of this Agreement, you acknowledge that we may make such deletions or changes without notice to you, nor is any such change or removal subject to review, appeal or revocation.
We may also, from time to time, publicly share or redistribute User Comments on our Site, in our online offerings and classes, or through other media or social media channels, press releases, or promotional and marketing materials. You hereby grant us a non-exclusive, perpetual and irrevocable right and license us to use your User Comments in connection with our Services.
Similarly, if you provide us with any Feedback, you hereby grant us a non-exclusive, fully paid, royalty-free, worldwide, perpetual, irrevocable, sublicensable, transferable, and assignable license to use, reproduce, distribute, modify, adapt, prepare derivative works based on, publicly perform, publicly display, make, have made, use, sell, offer to sell, import, and otherwise exploit any and all Feedback for any purposes, for all current and future methods and forms of exploitation. “Feedback” means suggestions, comments, ideas, and all other types of information that you provide, publish, or otherwise communicate directly or indirectly to us that relates to our Services.
8. Use of the Services
Safe and Appropriate Use
While you are using our Services, please be aware of your surroundings, and use and communicate safely. You agree that your use of the Services is at your own risk, and that you will not use the Services to violate any applicable law, regulation, policies, or instructions as outlined in these Terms and you will not encourage or enable any other individual to do so.
​​​​​​​Your Interactions with Other People
You agree that in conjunction with your use of the Services, you will maintain safe and appropriate contact with other people. You will not harass threaten or otherwise violate the legal rights of others. You will not trespass, or in any manner attempt to gain or gain access to any property or location where you do not have a right or permission to be, and will not otherwise engage in any activity that may result in injury, death, property damage, nuisance, or liability of any kind. If you have a dispute with any third party relating to your use of Services, you release Pahara (and our officers, directors, agents, subsidiaries, joint ventures, and employees) from all claims, demands, and damages (actual and consequential) of every kind and nature, known and unknown, suspected and unsuspected, disclosed and undisclosed, arising out of or in any way connected with such disputes.
Eligibility and Account Registration
If you want to use certain Services, you will have to create an account with us (an “Account”), and you will also need access to a supported mobile phone or device and an internet connection. We do not support rooted or jailbroken devices.
You can create an Account using (a) your pre-existing Google account; (b) your pre-
existing Facebook account, (c) such other third-party accounts that we support, as selected by you at the account creation screen, or (d) by entering and/or verifying certain user identification data and entering an email and password.
You agree that you will not disclose your Account password to anyone, and you will notify us immediately of any unauthorized use of your Account. Pahara takes its account security obligations seriously; however, you are responsible for all activities that occur under your Account, whether or not you know about them.
​​​​​​​Requirements for the access to the Service
Users must ensure their system has (the “User’s System”):
​​​​​​​Cost of Service
The Service is available for free of charge from Pahara excluding any third party and/or other connection costs, whose price depends on your electronic communication service provider. Users shall bear all third party and/or other connection costs for accessing the Service.
​​​​​​​Use Restrictions
In order to benefit from the Services, the User must log-in with their email and password the User used to create the User Account. Identifiers are personal and confidential. Users are responsible for keeping it secret and not disclose it to any third party in any form and for any reason whatsoever.
The User’s login can only be changed at the request of the User or at the initiative of Pahara. The User’s password is modifiable by the User through the User’s Account. The User is solely and entirely responsible for the use of the User’s Identifiers and undertakes to do everything possible to keep it secret and not to disclose them to anyone, in any form whatsoever and for any reason whatsoever. If the User forgets her/his password, the User can generate a new one by clicking on the link “Reset my password” available at paharaportal.org.
The User is solely responsible for the activity that occurs on its Account and will be responsible to keep its Identifiers secure and for the use of their Identifiers by third-parties or for any actions or declarations made through the User’s Account, whether fraudulent or not, and guarantees Pahara against any request in this respect.
If the User has reason to believe that a person is fraudulently using identification elements or their Account, she or he must immediately inform the Pahara by e-mail at the following address [email protected].
The User is solely responsible for the improper access, damage, disruption, loss or theft and adverse consequences caused by its breach of the confidentiality of the Identifiers. In case of loss, misappropriation or unauthorized use of its password, the User shall immediately notify Pahara.
Users may not use another’s account without permission. A User’s Account may not be shared, transferred, or sold to other parties, nor are they to be used by or made available to any person or entity except the registered User.
9. Account Suspension or Termination
We may suspend or terminate your access to and use of the Services and Content, at our
sole discretion, at any time and without notice to you, including if (a) you fail to comply with these Terms; (b) we suspect fraud, cheating, or misuse by you of Content or Services; or (c) we suspect any other unlawful activity associated with your Account. If your Account is inactive (i.e., not used or logged-into) for a period of time, we will notify you via the Services prior to termination of your Account.
10. Disclaimers and Limitation of Liability
DISCLAIMER: ALL INFORMATION, CONTENT, AND MATERIAL AVAILABLE IN THE SERVICES ARE PROVIDED ON AN “AS IS” BASIS. TO THE FULL EXTENT PERMISSIBLE BY LAW, WE DISCLAIM ANY AND ALL WARRANTIES AND REPRESENTATIONS, EXPRESS OR IMPLIED, INCLUDING ANY WARRANTY OF MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE. WE DO NOT WARRANT THE NON-INFRINGEMENT OF ANY INTELLECTUAL PROPERTY RIGHT.
WITHOUT LIMITING THE GENERALITY OF THE FOREGOING, WE MAKE NO WARRANTY THAT (1) THE SERVICES WILL OPERATE PROPERLY, (2) THAT THE SERVICES WILL MEET YOUR REQUIREMENTS, (3) THAT THE OPERATION OF THE SERVICES WILL BE UNINTERRUPTED, BUG FREE, OR ERROR FREE IN ANY OR ALL CIRCUMSTANCES, OR (4) THAT ANY DEFECTS IN THE SERVICES CAN OR WILL BE CORRECTED. ANY WARRANTY AGAINST INFRINGEMENT THAT MAY BE PROVIDED IN SECTION 2-312 OF THE UNIFORM COMMERCIAL CODE OR IN ANY OTHER COMPARABLE STATUTE IS EXPRESSLY DISCLAIMED. THIS PARAGRAPH WILL APPLY TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW.
NO WARRANTIES: PAHARA AND ITS AFFILIATES, LICENSORS AND DISTRIBUTORS DISCLAIM ANY AND ALL WARRANTIES WITH RESPECT TO THE PRIVACY AND INTEGRITY OF THE COMPUTER RESOURCES YOU USE TO ACCESS THE CONTENT AND SERVICES. NEITHER WE NOR OUR LICENSORS OR DISTRIBUTORS SHALL BE LIABLE FOR ANY DISRUPTIONS, DELAYS OR OTHER OMISSIONS IN ANY CONNECTION, DATA EXCHANGE OR OTHER INTERACTION THAT YOU MAY EXPERIENCE WHEN ACCESSING AND USING THE CONTENT AND SERVICES, REGARDLESS OF CAUSE (I.E., ANY SYSTEM FAILURE, SERVER ACCESS LOSS, OR DATA BREACH RESULTING FROM ANY CAUSE, INCLUDING, WITHOUT LIMITATION, ACTS OF GOD, NATURE OR OTHER CAUSES). NEITHER WE NOR OUR LICENSORS OR DISTRIBUTORS SHALL BE RESPONSIBLE FOR THE CONDUCT OF ANY USERS OR COMPUTERS THAT CONNECT, EXCHANGE DATA, OR OTHERWISE INTERACT WITH YOU OR YOUR COMPUTER AS A RESULT OF YOUR USE OF THE SERVICES.
LIMITATION OF LIABILITY: YOUR PURCHASE AND/OR USE OF THE SERVICES AND CONTENT IS AT YOUR OWN RISK. WE DO NOT WARRANT THAT YOUR ABILITY TO ACCESS THE SERVICES OR CONTENT WILL BE TIMELY, SECURE, UNINTERRUPTED OR DEFECT-FREE. IN NO EVENT WILL WE NOR OUR AFFILIATES BE LIABLE FOR DIRECT, INDIRECT, INCIDENTAL, SPECIAL, EXEMPLARY, OR CONSEQUENTIAL DAMAGES, INCLUDING BUT NOT LIMITED TO LOST PROFITS, LOSS OF BUSINESS, PROCUREMENT OF SUBSTITUTE GOODS OR SERVICES, LOSS OF USE OR LOSS OF DATA, OR BUSINESS INTERRUPTION, HOWEVER CAUSED AND ON ANY THEORY OF LIABILITY, WHETHER IN CONTRACT, STRICT LIABILITY, OR TORT ARISING IN ANY WAY OUT OF YOUR USE OF THE CONTENT OR SERVICES.
TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, PAHARA AND ITS AFFILIATES LICENSORS AND DISTRIBUTORS SHALL NOT BE LIABLE IN ANY WAY FOR ANY LOSS OF PROFITS OR ANY INDIRECT, INCIDENTAL, CONSEQUENTIAL, SPECIAL, PUNITIVE, OR EXEMPLARY DAMAGES, ARISING OUT OF OR IN CONNECTION WITH THIS AGREEMENT OR THE CONTENT OR SERVICES, OR THE DELAY OR INABILITY TO USE OR LACK OF FUNCTIONALITY OF THE CONTENT OR SERVICES, TORT (INCLUDING NEGLIGENCE), STRICT LIABILITY, INDEMNITY, PRODUCT LIABILITY, BREACH OF CONTRACT, BREACH OF WARRANTY, OR OTHERWISE. FURTHER, TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, THE AGGREGATE LIABILITY ARISING OUT OF OR IN CONNECTION WITH THIS AGREEMENT OR THE CONTENT OR SERVICES WILL NOT EXCEED THE TOTAL AMOUNTS YOU HAVE PAID (IF ANY) FOR THE CONTENT OR SERVICES DURING THE TWELVE (12) MONTHS IMMEDIATELY PRECEDING THE EVENTS GIVING RISE TO SUCH LIABILITY. THESE LIMITATIONS AND EXCLUSIONS REGARDING DAMAGES APPLY EVEN IF ANY REMEDY FAILS TO PROVIDE ADEQUATE COMPENSATION.
11. Indemnity
This section only applies to the extent permitted by applicable law. If you are prohibited by law from entering into the indemnification obligation below, then you assume, to the extent permitted by law, all liability for all claims, demands, actions, losses, liabilities, and expenses (including attorneys’ fees, costs and expert witnesses’ fees) that are the stated subject matter of the indemnification obligation below.
You agree to indemnify, pay the defense costs of, and hold Pahara, its licensors and distributors, its and their affiliates, and its and their employees, officers, directors, agents, contractors, and other representatives harmless from all claims, demands, actions, losses, liabilities, and expenses (including attorneys’ fees, costs, and expert witnesses’ fees) that arise from or in connection with
(a) any claim that, if true, would constitute a breach by you of this Agreement or negligence by you, (b) any act or omission by you in using the Services, or (c) any claim of infringement or violation of any third-party intellectual property rights arising from your User Content. You agree to reimburse Pahara on demand for any defense costs incurred by Pahara and any payments made or loss suffered by Pahara, whether in a court judgment or settlement, based on any matter covered by this Section.
12. Term
The Terms of Service will come into effect on first access to the Service for the entire duration of use. We reserve the right to terminate your right to access and use the Services if you violate these Terms or any other terms or policies referenced herein, or if you otherwise create risk or possible legal exposure for us.
13. Governing Law and Jurisdiction
This Agreement shall be construed and enforced in accordance with the laws of the State of California, United States of America, without reference to the principles of conflict of laws of any jurisdiction (including those of the State of California). For any disputes deemed not subject to binding individual arbitration, as provided in the section immediately below, you agree to submit to the exclusive jurisdiction and venue of the state and federal courts in San Jose, California, and you agree to waive any jurisdictional, venue, or inconvenient forum objections to such courts.
14. Binding Individual Arbitration
PLEASE READ THIS SECTION CAREFULLY. IT AFFECTS YOUR RIGHTS, INCLUDING YOUR RIGHT TO FILE A LAWSUIT IN COURT. THE ARBITRATION PROCEEDINGS IN THIS SECTION WILL BE CONDUCTED ON AN INDIVIDUAL BASIS ONLY.
YOU AGREE THAT DISPUTES BETWEEN YOU AND PAHARA WILL BE RESOLVED BY BINDING, INDIVIDUAL ARBITRATION, AND YOU ARE WAIVING YOUR RIGHT TO A TRIAL BY JURY OR TO PARTICIPATE AS A PLAINTIFF OR CLASS MEMBER IN ANY PURPORTED CLASS ACTION OR REPRESENTATIVE PROCEEDING.
THIS NOTICE DOES NOT APPLY: (1) IF YOU ARE A RESIDENT OF THE EEA, OR ANY JURISDICTION WHICH DOES NOT ALLOW THIS ARBITRATION AGREEMENT, OR (2) IF YOU OPT OUT OF ARBITRATION AS DESCRIBED IN THE "ARBITRATION" SECTION BELOW.
If you live in the United States or another jurisdiction which allows you to agree to arbitration, you and Pahara agree to arbitrate all Disputes regardless of whether the Dispute is based in contract, statute, regulation, ordinance, tort (including fraud, misrepresentation, fraudulent inducement, or negligence), or any other legal or equitable theory, except that each party retains the right: (a) to bring an individual action in small claims court and (b) to seek injunctive or other equitable relief in a court of competent jurisdiction to prevent the actual or threatened infringement, misappropriation, or violation of a party’s copyrights, trademarks, trade secrets, patents, or other intellectual property rights.
Arbitration is an alternative dispute-resolution procedure that allows us to resolve issues without the formality of going to court. Any dispute between us and you is submitted to a neutral arbitrator (not a judge or jury) for fair and fast resolution.
In the event of any dispute, controversy, or difference, arising among or out of, or in relation to, or in connection with the interpretation or performance of this Agreement or any of the terms hereof, or a breach hereof (“Dispute”), the parties hereto shall promptly conduct informal discussions and negotiations in good faith with a view to resolve such Dispute effecting as nearly as possible the intent and purposes of this Agreement. Any resolution of such Dispute shall be set forth in a writing signed by the parties.
If such Dispute cannot be satisfactorily resolved by the Parties themselves through friendly consultation within a period of thirty (30) calendar days after notice by you to Pahara of a Dispute, you or Pahara may commence an arbitration in accordance with this Agreement. Any such arbitration will be submitted to arbitration in the County of Santa Clara, State of California, in accordance with the rules and regulations of the American Arbitration Association then in effect, provided that said arbitration shall be heard before a single arbitrator, selected pursuant to said rules and regulations. Said arbitrator shall be well acquainted with the entertainment business in the County of Santa Clara. The arbitrator’s decision shall be controlled by the terms and conditions of this Agreement and shall be final and binding. Judgment upon the award of the arbitrator may be enforced in any court of competent jurisdiction. The prevailing party shall be entitled to recover from the losing party, in addition to all other relief to which it may be entitled, its costs and expenses, including, without limitation, actual attorneys' fees and the costs of expert witnesses.
Pahara will pay its arbitration costs as required by the arbitration rules and, in the event that you are able to demonstrate that the costs of arbitration will be prohibitive as compared to the costs of litigation, we will pay as much of your arbitration filing and hearing fees as the arbitrator deems is necessary to prevent the arbitration from being cost-prohibitive as compared to the cost of litigation. Each side shall pay his, her, or its own attorneys’ fees and costs unless the claim(s) at issue permit the prevailing party to be paid its fees and/or litigation costs, in which case the arbitrator shall award fees or costs as required by the applicable law.
This Binding Individual Arbitration section survives any termination of this Agreement. Further, although we may revise this Agreement, Privacy Policy, or other related agreements at our discretion, we not have the right to alter this agreement to arbitrate or the rules specified herein with respect to any Dispute once that Dispute has accrued. If any part of this Binding Individual Arbitration section is deemed invalid, unenforceable, or illegal, then the balance of this arbitration provision shall remain in effect and be construed in accordance with its terms as if the invalid, unenforceable, or illegal provision had not been included.
15. Class Action Waiver
THE ARBITRATION PROCEEDINGS DESCRIBED ABOVE IN SECTION 14 OF THIS AGREEMENT WILL BE CONDUCTED ON AN INDIVIDUAL BASIS ONLY. Neither You
nor Pahara shall be entitled to join or consolidate disputes by or against other individuals or entities, or to arbitrate any dispute in a representative capacity, including, without limitation, as a representative member of a class or in a private attorney general capacity, in connection with any Dispute. Further, unless both you and we agree, the arbitrator may not consolidate more than one person’s claim. The arbitrator may award any individual relief or individual remedies that are permitted by applicable law, but to the maximum extent permitted by applicable law, may not award relief against Pahara respecting any person other than you.
16. Links to Third Party Sites
Our Services may provide links to other websites operated by third parties. Because we have no control over third-party websites, we are not responsible for the availability of those websites and do not endorse and are not responsible or liable for any content, advertising, services, products, or other materials on or available from such websites. We 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 the use of or reliance on any content, advertising, services, products, or other materials on or available from such websites. These Terms of Use do not apply to your use of third-party websites; your use of such websites is subject to the terms and policies of the owner of such websites. We strongly advise you to read the terms and conditions and privacy policies of any third party web sites or services that you visit.
17. Digital Millennium Copyright Act (DMCA) Notices; Copyright Agent
We respect the intellectual property rights of others. To the best of our knowledge, the content that appears on our Services does not infringe the copyrights of others. If you believe that your work has been copied in a way that constitutes copyright infringement by any content or material on our Services, please provide the following information in writing to us at the contact information below for further detail:
If you believe that we improperly removed or disabled content or materials you posted, uploaded or submitted to the Services, please provide the following to us for further detail:
18. Amendments of this Agreement
We may issue an amended Agreement, Privacy Policy, or other related agreements at any time in our sole discretion by posting the amended Agreement, Privacy Policy, or related agreement on our website or by providing you with digital access to amended versions of any of these documents. If any amendment to this Agreement, Privacy Policy, or related agreement is not acceptable to you, you may terminate this Agreement and must stop using our Services. Your continued use of the Services will demonstrate your acceptance of the amended Agreement, Privacy Policy, or related agreement.
19. No Assignment
You may not, without the prior written consent of Pahara, assign, transfer, charge, or sub- contract all or any of your rights or obligations under this Agreement, and any attempt without that consent will be null and void. We, however, may at any time assign, transfer, charge, or sub- contract all or any of its rights or obligations under this Agreement.
20. International Users
Our Services are intended for use only by residents of the United States. We make no representations or warranties that the content or materials of the Services are appropriate or lawful in any foreign countries, or that anything offered through the Services will be available outside the United States. Those who choose to access the Services from other locations do so on their own initiative and are responsible for compliance with local laws, if and to the extent local laws are applicable. You may not use, export or re-export any content downloaded from the Services or any copy or adaptation of such content, in violation of any applicable laws or regulations, including without limitation United States export laws and regulations.
21. Miscellaneous
Waiver: Failure of Pahara to enforce at any time or for any period of time any of the provisions hereof shall not be construed to be a waiver of such provision or our right to enforce each such provision and no waiver, if granted, shall be continuing. No waiver of any term or condition of this Agreement shall be valid or binding on us unless the same shall have been set forth in a written document, specifically referring to this Agreement and duly signed by Pahara.
Entire Agreement: This Agreement sets forth the entire agreement between you and us with respect to the subject matter hereof, and supersedes and replaces any and every other prior or contemporaneous agreement, understanding or negotiation that may have existed between you and us to the extent that any such Agreement relates to the subject matter hereof.
Severability: If, but only to the extent that, any provision of this Agreement is declared or found to be illegal, unenforceable, or void, then the parties shall be relieved of all obligations arising under that provision, it being the intent that this Agreement will be deemed amended by modifying the provision to the extent necessary to make it legal and enforceable while preserving its intent. If that is not possible, it shall be substituted with another provision that is legal and enforceable and achieves the same objective. If the remainder of this Agreement is not affected and is capable of substantial performance, then the remainder shall be enforced to the extent permitted by law.
Assignment: Pahara shall have the right to assign this Agreement and all or any part of our rights hereunder to any person, firm or corporation, and this Agreement shall be binding upon and inure to the benefit of our successors, licensees and assigns. This Agreement the rights and obligations hereunder may not be assigned by you.
Contact Information: Any notice or communications given by you under this Agreement shall be in writing and addressed to us by email at portal@pahara.org or by mail at the following address 440 N Barranca Ave #2927 Covina, CA 91723 .
Privacy Policy
Last Updated: February 20, 2023
Welcome to Pahara Institute (“Pahara”, “we”, “our”, or “us”), a 501(c)(3) company. Pahara provides a website and portal for members of the Pahara network to stay connected to one another and the staff at Pahara, (hereafter, the “Platform”). The Platform is available at the following url addresses: www.paharaportal.org and www.pahara.org (“Sites”). Pahara uses a solution called “Hivebrite”, which enables the import and export of user lists and data, the management of content and events, the organization of emailing campaigns and opportunity research and sharing as well as the management of funds and contributions of any kind. In this regard and through its Sites and Platform (collectively, the “Services”), the Pahara collects and processes User’s personal data in accordance with this privacy and cookie policy (“Privacy Policy”).
By using our Services, you are accepting the practices described in our Privacy Policy. If you do not agree to the terms of this Privacy Policy, please do not use the Services. We reserve the right to modify or amend the terms of our Privacy Policy from time to time. Your continued use of our Services following the posting of changes to the Privacy Policy will mean you accept those changes. If we intend to apply the modifications or amendments to this Privacy Policy retroactively or to personal information already in our possession, we will provide you with notice of the modifications or amendments.
Please be advised that the practices described in this Privacy Policy apply only to information gathered by us through our Services. It does not apply to any information you provide to third- party platforms used to access the Services or otherwise. Please review their privacy policies carefully to understand what information they may collect, process, and use from you.
You should also read our Terms which set out the contract between you and Pahara.
1. The information we collect about you
This Privacy Policy covers our use of any information that can or could be used to identify you (“Personal Data”). We may collect and use the following Personal Data to provide the Services to you:
User Data
This is the Personal Data that is provided by you or collected by us to enable you to sign up for and use the Services. Such data may include:
Please be aware that when using the Services, if you decide to provide “sensitive data” within the meaning of data protection laws, for example, data revealing racial or ethnic origin, political opinions, religious or philosophical beliefs, concerning sexual orientation, etc., you agree you are doing so voluntarily at your own discretion and agree to the processing of such sensitive data by the Services in the conditions set forth in this Privacy Policy.
You may also give us Personal Data when you communicate with us, register with us, or undertake similar voluntary actions. Providing this information is completely voluntary on your part; however, it may be required to use or access some of our Services. For example, if you choose to contact us via email or sign-up for our newsletter, we may retain your email and email address along with any other associated information. Doing so is completely voluntary on your part, and you have the choice about whether and what information to disclose via your email.
Usage Data
This is the Personal Data that is collected about you when you’re accessing and/or using the Services, including:
In addition, we may automatically and passively collect and use certain information from your device whenever you visit, use, or interact with our Sites, including: the Internet Protocol address (IP address) of the machine which accessed the Services, general location information, the date and time of your visit, the path taken through the Services, content preferences, the browser and operating system being used, a list of files downloaded or viewed, the amount of time spent accessing files, any errors encountered, crash reports which may be automatically generated when or if our Services crash and includes information about the system and the crash, and other similar data.
2. How we use the information we collect about you
We have and rely on a legitimate interest in using your Personal Data as follows:
Use of Information by Us. We may use your information:
Legal Matters; Safety. We may, without your consent, access and disclose your information, any communications sent or received by you, and any other information that we may have about you as may be permitted or required by law or to prevent or investigate suspected fraud or activity that appears to us to be illegal or may expose us to legal liability. Additionally, we may disclose your information and/or communications in situations that we believe to be: (i) emergencies involving potential threats to the physical safety of any person or property if we believe that your information in any way relates to that threat; or (ii) your conduct that we believe is inappropriate and inconsistent with generally accepted norms of behavior.
Third Parties. As explained further below in Section 3, we may engage vendors, agents, service providers, and affiliated entities to provide services to us. In providing their services, they may access, receive, maintain or otherwise process data on our behalf.
When you use or interact with the Services, we use a variety of technologies to process the Personal Data we collect about you for various reasons. We have set out in the table below the reasons why we process your Personal Data, the associated legal bases we rely upon to legally permit us to process your Personal Data, and the categories of Personal Data processed for these purposes:
Purpose |
Legal basis |
Categories of personal data |
To provide Services and digital platforms (the Site and the Platform) |
Performance of a Contract Legitimate Interest |
User Data Usage Data |
To personalize the Services |
Legitimate Interest |
User Data Usage Data |
To understand, diagnose, troubleshoot, and fix issues with the Services and to provide you with customer support |
Performance of a Contract Legitimate Interest |
User Data Usage Data |
To evaluate and develop new features, technologies, and improvements to the Services |
Legitimate Interest |
User Data Usage Data |
For marketing, promotion, and advertising purposes, inter alia, through e-mail and sms/mms. You can opt-out from further marketing by clicking on a link in each message sent through e-mail or sms/mms, or by contacting us via the contact details below. |
Legitimate Interest Consent |
User Data Usage Data |
To comply with legal obligations and law enforcement requests as well as to establish, exercise, or defend legal claims |
Compliance with legal obligations
Legitimate interest |
User Data Usage Data |
To fulfil contractual obligations with you or third parties, for example licensing agreements and to take appropriate action with respect to reports of intellectual property infringement and inappropriate content |
Legitimate interest |
User Data Usage Data |
To conduct business planning, reporting, and forecasting and obtain statistics over the usage of the Services |
Legitimate interest |
User Data Usage Data |
To detect fraud, including fraudulent payments and fraudulent use of our services |
Performance of a Contract
Compliance with legal obligations
Legitimate Interest |
User Data Usage Data |
To conduct research, contests, surveys, events, educational training and other marketing activities. |
Performance of a Contract Legitimate Interest Consent |
User Data Usage Data |
3. Who we share information with
We will not share any Personal Data that we have collected from or regarding you except as described below:
Information Shared with Our Service Providers. We engage external service providers to work with us to administer and provide the Services. As part of that they may process your Personal Data on our behalf. These external service providers have access to your Personal Data only for the purpose of performing services on our behalf, in compliance with this Privacy Policy, and we make sure each one is contractually obliged not to disclose or use your Personal Data for any other purpose. The service providers we use may help us to:
Pahara uses a solution called “Hivebrite”, which enables the import and export of user lists and data, the management of content and events, the organization of emailing campaigns and opportunity research and sharing as well as the management of funds and contributions of any kind.
In addition, some of our service providers may include:
Service Provider |
Service |
You can consult the privacy policy by clicking on the following link: |
KIT UNITED |
HIVEBRITE |
|
|
solution |
https://hivebrite.com/privac |
|
|
y-policy |
44 rue la fayette |
|
|
75009 Paris |
|
|
France |
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|
Google Cloud Platform Gordon House, 4 Barrow St, Dublin, Ireland |
Hosting of all data and content produced / provided by you, as well as images, profile pictures and backups |
https://cloud.google.com/sec urity/privacy/ |
Amazon AWS 38 avenue John F. Kennedy, L-1855, Luxembourg |
https://aws.amazon.com/compliance/gdpr-center/ |
Sentry 132 Hawthorne Street San Francisco, CA 94107 |
Production and storage of error logs enabling our developers to correct the code |
https://sentry.io/privacy/ |
USA |
|
|
Sendgrid |
Sending of emails from the Platform |
https://api.sendgrid.com/privacy.html |
375 Beale Street, Suite 300, |
|
|
San Francisco, CA 94105 |
|
|
USA |
|
|
Hivebrite, Inc.
16 Nassau St, |
Customer support for the Platform |
https://hivebrite.com/privacy-policy |
New York, NY 10038, |
|
|
USA |
|
|
Information Shared with Other Users. When you use the Services, information about you may be shared or visible to other users and therefore become publicly available, including without limitation: your name, submitted content and questions, basic location, and public messages.
Information Disclosed for Our Protection and the Protection of Others. We cooperate with government and law enforcement officials or private parties to enforce and comply with the law. We only share information about you to government or law enforcement officials or private parties when we reasonably believe necessary or appropriate: (a) to respond to claims, legal process (including subpoenas and warrants); (b) to protect our property, rights, and safety and the property, rights, and safety of a third party or the public in general; and (c) to investigate and stop any activity that we consider illegal, unethical, or legally actionable.
Information Disclosed in Connection with Business Transactions. Information that we collect from our users, including Personal Data, is a business asset. If we are acquired by a third party as a result of a transaction such as a merger, acquisition, or asset sale or if our assets are acquired by a third party in the event we go out of business or enter bankruptcy, some or all of our assets, including your Personal Data, will be disclosed or transferred to a third party acquirer in connection with the transaction.
4. How we keep your Personal Data safe
We have appropriate security measures in place to prevent your Personal Data from being accidentally lost, used or accessed in an unauthorized way, improperly altered or disclosed. We also limit access to your Personal Data to employees, agents, contractors and other third parties who have a business need to know. They will only process your Personal Data on our instructions, and they are subject to a duty of confidentiality. We have put in place procedures to deal with any suspected Personal Data breach and will notify you and any applicable regulator of a breach where we are legally required to do so.
5. How long we will keep your Personal Data
We keep your Personal Data for as long as we need to provide the Services to you and fulfil the purposes set out in this Privacy Policy and our Terms. This is also the case for anyone that we share your information with and who carry out services on our behalf.
When we no longer need to use your Personal Data and there is no need for us to keep it to comply with our legal or regulatory obligations, we will either remove it from our systems or anonymize it so that it can no longer be associated with you. When removing Personal Data, we will take commercially reasonable and technically feasible measures to make said Personal Data irrecoverable or irreproducible.
6. Your rights and choices
If for any reason you are concerned that any information you provided to us is not correct and you wish to change or delete it, you have the ability to review and update your personal information to the extent we have it. If you would like to do so, please contact us as set forth below or otherwise view and update your information in your account profile. You may also contact us to request access to, transfer of, or erasure of your personal information to the extent we have any. Specify the nature of your request and the information that is subject to your request.
We reserve the right not to allow access to your information or to limit your rights (e.g. if such disclosure is prohibited by law or if the rights of another individual might be violated). In some instances, this may mean that we are able to retain your personal information even if you withdraw your consent or request transfer or erasure. Please note that changes or access you request may not be effective immediately. Please also note that despite any request for removal of or change to personal information, we may need to retain certain information for recordkeeping purposes and there may also be residual information that will remain within our databases and other records, which will not be removed or changed.
7. Legal Grounds
We rely on the following legal grounds to use your data:
8. Your Rights Under Data Protection Laws.
Here is a list of the rights that individuals have under data protection laws. They don’t apply in all circumstances. If you wish to use any of them, we’ll explain at that time if they are engaged or not.
If you have any questions or concerns regarding these rights please contact us via the contact information below.
9. Children
Unless stated otherwise for a particular Service, children are not allowed to use the Services, and we do not collect Personal Data from them. We define “children” as anyone under 18 years old. If a parent has any further questions or concerns about his or her child's use of the Services, we encourage the parent to contact us via the contact information below.
10. Changes to this Privacy Policy
Any Personal Data that we collect is covered by the Privacy Policy in effect at the time such information is collected. We may make changes to this Privacy Policy from time to time. You will be given reasonable notice of any material change.
11. Third Parties
In using our Services you may access links to websites and services that are owned or operated by third parties (each, a “Third Party Service”). Any information that you provide on or to a Third Party Service or that is collected by a Third Party Service is provided directly to the owner or operator of the Third Party Service and is subject to the owner’s or operator’s privacy policy. We’re not responsible for the content, privacy, or security practices and policies of any Third Party Service. To protect your information we recommend that you carefully review the privacy policies of all Third Party Service that you access.
12. Cookies
We use cookies and local storage to monitor aggregate usage and web traffic of our Services, customize and improve our Services, help you navigate our Services, deliver content specific to your interests.
We also use “web beacons” (also known as web bugs, pixel tags, or clear GIFS) which are small graphics with a unique identifier that may be included on our Services for example to deliver or communicate with cookies, to track and measure the performance of our Services, to monitor how many visitors view our Services, and to monitor the effectiveness of our advertising. Unlike cookies, which are stored on a user's hard drive or Device, web beacons are typically embedded invisibly on web pages (or in an email).
Types of Cookies
We use the following types of cookies:
The types of cookies described above may be “session cookies” or “persistent cookies”. Session cookies are only stored on your device whilst you are using the Services, and are deleted when you log off from the Services or close your browser. Persistent cookies remain on your device for a period of time after you log off from the Services or close your browser.
Third Party Cookies
Some cookies may be placed by third parties when you use the Services as some third party service providers that we engage (including third party advertisers) may place their own cookies on your hard drive or device. These cookies may provide information to those third parties about your browsing habits or may be used for security. Some also help to serve you with advertisements which are more relevant to you. Similarly, if you visit or use third party websites or services linked from our Services, those third parties may place cookies or similar technologies on your device.
For more information about what cookies or similar technologies those third parties use, please review the third party services’ cookie policies.
Cookies Settings
You may decline cookies that are not Strictly Necessary by clicking “Decline” in the cookie banner at the bottom of your screen. Additionally, although most browsers automatically accept cookies, you can change your browser options to stop automatically accepting cookies or to prompt you before accepting cookies. However, if you don’t accept cookies, you may not be able to access all portions or features of the Services.
13. Disclosures Specific to California Residents
The CCPA grants California residents certain privacy rights regarding the personal data we collect. We are committed to respecting these rights and complying with the CCPA. Under the CCPA you have the right to request that we disclose to you what personal data we collect, use, disclose, and sell. The CCPA also gives California residents a right to opt-out from the sale of their personal data. You also have the right to request deletion of personal data that is in our possession, subject to certain exceptions. Please note that your request to delete data may impact your use of the Services in some cases, and we may decline to delete information for reasons set forth in this Privacy Policy or as permitted by the CCPA. Finally, you have a right to not be discriminated against for exercising your rights under the CCPA.
We do not sell your Personal Data and have not done so in the past 12 months. The information listed in Section 1 falls under the following California Consumer Privacy Act (CCPA) categories: identifiers, commercial information, Internet or other electronic network activity information, geolocation data, and visual information. Section 2 sets out the reasons why we process your Personal Data, the associated legal bases we rely upon to legally permit us to process your Personal Data, and the categories of Personal Data processed for these purposes. Section 3 sets out the categories of third parties with whom we have shared Personal Data in past 12 months.
14. Non-United States Users
Please note that the Services are directed towards users who reside in the United States. By using the Services, you consent to the collection, storage, processing, and transfer of your information in and to the United States, or other countries and territories, pursuant to the laws of the United States, where permitted by law. Some of these countries may not offer the same level of privacy protection as your own. Therefore, you should not provide personally-identifying information through the Services. If you provide such information, you acknowledge that it is necessary to internationally transfer and process it in the United States. You also agree that you are responsible for compliance with applicable laws, including local laws regarding online conduct and content and U.S. export laws and regulations.
15. Contact Information