Bodhi Path Buddhist Centers—Terms of Use

Effective Date: February 16, 2023

Wisdom Foundation d/b/a Bodhi Path Buddhist Centers is a non-profit, charitable organization of Buddhist centers. Our purpose is to explore the methods and wisdom of the timeless teachings of the Buddha so that we can better understand and work with our mind and emotions.

PLEASE READ THESE TERMS OF USE CAREFULLY. BY ACCESSING OR USING OUR WEBSITE OR ONLINE SERVICES, YOU AGREE TO BE BOUND BY THESE TERMS OF USE AND ALL TERMS INCORPORATED BY REFERENCE. DO NOT USE OUR WEBSITE OR ONLINE SERVICES IF YOU DO NOT AGREE TO ALL OF THESE TERMS.

These Terms of Use (“Terms”) apply to your access to and use of the website and online services (collectively, the “Sites”) provided by Bodhi Path Buddhist Centers, and our centers (“Bodhi Path”, “we,” or “us”).

We reserve the right to change these Terms from time to time. We may make changes to these Terms by sending an email or posting a notice on our Sites or updating the date at the top of these Terms. Unless we say otherwise, the amended Terms will be effective immediately and your continued use of the Sites will confirm your acceptance of the revised Terms.

1. Privacy Policy

Please refer to our Privacy Policy for information on how we collect, use and share information about you.

2. Eligibility, Registration and Account

The Sites are not targeted towards, nor intended for use by, anyone under the age of 13. By using the Sites, you represent and warrant that you are 13 years of age or older. If you are not at least 13 years of age, do not access, use or register for an account on the Sites. In addition, you may not make a purchase from our Sites unless you are at least 18 years of age. You also represent and warrant that you (a) have not previously been suspended or removed from the Sites; (b) do not have more than one account per Site; and (c) that you have full power and authority to enter into this agreement and in doing so will not violate any other agreement to which you are a party.

In consideration of your use of the Sites, you agree to (a) provide accurate, current and complete information; (b) maintain and promptly update your account information; (c) maintain the security of your account credentials; (d) not share your account credentials with others; and (e) promptly notify us if you discover or otherwise suspect any security breaches related to your account or the Sites.

3. Ownership of Site Content

Unless otherwise indicated on our Sites, the Sites and all content and materials therein, including but not limited to our logos and all designs, text, graphics, pictures, information, data, software, and the selection and arrangement thereof (collectively, “Site Content”) are the proprietary property of Bodhi Path Buddhist Centers or our licensors, suppliers or users and are protected by U.S. and international copyright laws.

You are granted a limited, nonexclusive, non-sublicensable license to access and use the Sites and Site Content for your own personal, non-commercial use. Such license is subject to your compliance with these Terms. Any use of the Sites or the Site Content outside the scope of the license granted herein, without the prior written permission of Bodhi Path Buddhist Centers, is strictly prohibited and will result in automatic termination of the license granted herein.

4. Copyright Complaints

If you believe that anything on the Sites infringes upon a copyright that you own or control, you may notify our designated agent as follows:

Please see 17 U.S.C. §512(c)(3) for the requirements of a proper notification. You should also note that if you make any material misrepresentation in your notification that the material or activity is infringing, you will be liable for all damages, including costs and attorneys’ fees, incurred by us or the alleged infringer as the result of our relying upon such misrepresentation in removing or disabling access to the material or activity claimed to be infringing.

5. Trademarks

“Wisdom Foundation,” the Bodhi Path logo and other marks that may appear on the Sites are trademarks or registered trademarks of Bodhi Path Buddhist Centers and may not be copied, imitated or used, in whole or in part, without the prior written permission of Bodhi Path Buddhist Centers.

6. Indemnification

To the fullest extent permitted by applicable law, you agree to defend, indemnify and hold harmless Bodhi Path Buddhist Centers and our respective officers, directors, agents, partners, members, employees, independent contractors, service providers and consultants (together with Bodhi Path Buddhist Centers, the “Bodhi Path Buddhist Centers Parties”), from and against any claims, damages, costs, liabilities and expenses (collectively, “Claims”) arising out of or related to (a) your access to and use or misuse of the Sites; (b) your violation of these Terms; and (c) your violation, misappropriation or infringement of any rights of another. You agree to promptly notify the Bodhi Path Buddhist Centers Parties of any third party Claims, cooperate with us in defending such Claims and pay all fees, costs and expenses associated with defending such Claims (including but not limited to attorneys’ fees). You further agree that the Bodhi Path Buddhist Centers Parties shall have control of the defense or settlement of any third party Claims.

7. Disclaimers

Except as expressly provided, the Sites, Site Content and services provided on or in connection with the Sites (collectively, “Complete Site”) are provided on an “AS IS” and “WITH ALL FAULTS” basis without representations, warranties or conditions of any kind, either express or implied. BODHI PATH BUDDHIST CENTERS DISCLAIMS ALL OTHER REPRESENTATIONS, WARRANTIES, CONDITIONS AND DUTIES, EXPRESS, IMPLIED OR STATUTORY, INCLUDING BUT NOT LIMITED TO IMPLIED WARRANTIES, DUTIES OR CONDITIONS: (A) OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE OR USE, RESULTS, TITLE, AND NON-INFRINGEMENT; AND (B) CREATED BY TRADE USAGE, COURSE OF DEALING OR COURSE OF PERFORMANCE. We do not represent or warrant that the Complete Site is accurate, complete, reliable, current or error-free. We do not represent or warrant that the Sites or our servers are free of viruses or other harmful components.

8. Limitation of Liability

TO THE FULLEST EXTENT PERMITTED BY APPLICABLE LAW, IN NO EVENT SHALL THE BODHI PATH BUDDHIST CENTERS PARTIES BE LIABLE FOR ANY SPECIAL, INDIRECT, INCIDENTAL OR CONSEQUENTIAL DAMAGES, INCLUDING, BUT NOT LIMITED TO, LOSS OF USE, LOSS OF PROFITS OR 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 TO THE ACCESS OR USE OF THE SITES, YOUR ONLINE OR OFFLINE INTERACTIONS WITH OTHER SITE USERS, YOUR PARTICIPATION IN ACTIVITIES, EVENTS, OUTINGS OR EXPERIENCES THAT ARE NOT OFFICIALLY ORGANIZED AND HOSTED BY US OR OTHERWISE RELATED TO THESE TERMS, INCLUDING BUT NOT LIMITED TO ANY DAMAGES THAT RESULT FROM EVENTS BEYOND OUR REASONABLE CONTROL, SUCH AS INTERRUPTIONS TO ALL OR PORTIONS OF THE SITES, DELETION OF FILES OR EMAIL, ERRORS OR OMISSIONS, DEFECTS, VIRUSES, DELAYS IN OPERATION OR TRANSMISSION OR FAILURE OF PERFORMANCE, WHETHER OR NOT RESULTING FROM ACTS OF GOD, COMMUNICATIONS FAILURE, THEFT, DESTRUCTION OR UNAUTHORIZED ACCESS TO A BODHI PATH BUDDHIST CENTERS PARTY’S RECORDS, PROGRAMS OR SERVICES.

TO THE FULLEST EXTENT PERMITTED BY APPLICABLE LAW, IN NO EVENT SHALL THE AGGREGATE LIABILITY OF THE BODHI PATH BUDDHIST CENTERS PARTIES (JOINTLY), WHETHER IN CONTRACT, WARRANTY, TORT (INCLUDING NEGLIGENCE, WHETHER ACTIVE, PASSIVE OR IMPUTED), OR OTHER THEORY, ARISING OUT OF OR RELATING TO THE USE OF OR INABILITY TO USE THE COMPLETE SITE EXCEED THE GREATER OF USD $50.00 OR ANY COMPENSATION YOU PAY, IF ANY, TO BODHI PATH BUDDHIST CENTERS FOR ACCESS TO OR USE OF THE COMPLETE SITE. THE LIMITATIONS SET FORTH IN THIS SECTION WILL NOT LIMIT OR EXCLUDE THE ANY LIABILITY FOR GROSS NEGLIGENCE, FRAUD, INTENTIONAL, WILLFUL, MALICIOUS OR RECKLESS MISCONDUCT.

9. Modifications to Sites

We reserve the right to modify or discontinue, temporarily or permanently, the Sites or any features or portions thereof without prior notice.

10. Applicable Law and Venue

THESE TERMS AND YOUR ACCESS TO AND USE OF THE SITES WILL BE GOVERNED BY AND CONSTRUED IN ACCORDANCE WITH THE LAWS OF THE STATE OF ILLINOIS, 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 COOK COUNTY, ILLINOIS 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.

11. Termination

You may terminate the Terms at any time by closing your account, discontinuing your use of the Sites and providing us with a notice of termination. We reserve the right, without notice and in our sole discretion, to terminate your right to use the Sites, or any portion of the Sites, and to block or prevent your future access to and use of the Sites or any portion of the Sites.

12. Severability

If any term, clause, or provision of these Terms shall be deemed unlawful, void or for any reason unenforceable, then that term, clause, or provision shall be deemed severable from these Terms and shall not affect the validity and enforceability of any remaining terms, clauses, or provisions.