Terms of Service
Last Modified: 12/13/2016
This Agreement entered into by and between you (“You” or “End-User”) and Impulse Analytics LLC, a California limited liability company, dba Global Yogis (“Company” or “we” or “us” or “Global Yogis”). Global Yogis has developed products and services related to yoga and wellness (the “Offerings“) offered exclusively through its website theyogasummit.org (“Platform“) under Global Yogis’ trademark name “The Yoga Summit™” (“Trademark“).
The following terms and conditions, together with any documents they expressly incorporate by reference govern your access to and use of the Platform, including any content, functionality and services offered on or through this Platform.
Please read this Agreement carefully before you start to use the Platform. By clicking to accept or agree to this Agreement when this option is made available to you, you accept and agree to be bound and abide by this Agreement. If you do not want to agree to this Agreement, you must not access or use the Platform.
This Platform is offered and available to users who are 13 years of age or older, and reside in the United States. You represent and warrant that you are of legal age to form a binding contract with Global Yogis and meet all of the foregoing eligibility requirements. If you do not meet all of these requirements, you must not access or use the Platform.
1. Definitions. For the purposes of this Agreement, the following terms have the following meanings:
“Access Credentials” means any user name, identification number, password, license or security key, security token, PIN or other security code, method, technology or device used, alone or in combination, to verify an individual’s identity and authorization to access and use the Offerings.
“Agreement” has the meaning set forth in the preamble.
“Confidential Information” means information that Global Yogis treats or is obligated to treat as confidential or proprietary, including, but not limited to, trade secrets, technology, information pertaining to business operations and strategies, and information pertaining to customers, pricing and marketing. Without limiting the foregoing: (a) the Platform protocols and Documentation are the Confidential Information of Global Yogis. Confidential Information does not include information that you can demonstrate by documentation: (w) was already known to you without restriction on use or disclosure prior to receipt of such information directly or indirectly from or on behalf of Global Yogis; (x) was or is independently developed by you without reference to or use of any of Global Yogis’ Confidential Information; (y) was or becomes generally known by the public other than by breach of this Agreement by you, or other wrongful act of you; or (z) was received by you from a third party who was not, at the time, under any obligation to Global Yogis or any other Person to maintain the confidentiality of such information.
“Disclosing Party” means Global Yogis.
“Documentation” means all user manuals, operating manuals, technical manuals, design documents and any other instructions, specifications, documents or materials, in any form or media, that describe the functionality, structure, installation, testing, operation, use, maintenance, support, technical or other components, features or requirements of the Platform.
“Effective Date” means the date when you acknowledge your acceptance of the Agreement.
“Global Yogis” has the meaning set forth in the preamble.
“Intellectual Property Rights” means any and all intellectual property rights in any part of the world, whether registered or unregistered, and all registrations, applications, renewals, extensions and other government issued indicia of ownership thereof, including, but not limited to, rights comprising or relating to: (a) patents, patent disclosures and inventions (whether patentable or not); (b) trademarks, service marks, trade dress, trade names, logos, corporate names and domain names, together with the goodwill associated therewith; (c) copyrights and copyrightable works (including, but not limited to, computer programs), and rights in works of authorship, data and databases; (d) trade secrets, know-how and other confidential information; and (e) all similar or equivalent rights or forms of protection.
“Law” means any statute, law, ordinance, regulation, rule, code, order, constitution, treaty, common law, judgment, decree or other requirement or rule of law of any federal, state, local or foreign government or political subdivision thereof, or any arbitrator, court or tribunal of competent jurisdiction.
“Losses” means any and all losses, damages, liabilities, deficiencies, claims, actions, judgments, settlements, interest, awards, penalties, fines, costs or expenses of whatever kind, including reasonable attorneys’ fees and the costs of enforcing any right to indemnification hereunder and the cost of pursuing any insurance providers.
“Materials” means all the content whatever the format (video, text, images etc.) present or accessible through the Platform, as well as the Documentation, and any and all (a) copies, reproductions, modifications, enhancements, adaptations, translations and other derivative works of, and (b) inventions, improvements, know-how, specifications, performance characteristics, designs, plans, methods, procedures, processes, techniques, software, technology, concepts, information or materials whatsoever comprising, relating to, based on or arising out of, the Platform or Documentation, in whole or in part and however and by whomever originated, including, without limitation, by any technology or device or by Global Yogis, Global Yogis or any other Person.
“Offerings” means the Materials and Services commercialized by Global Yogis through the Platform.
“Person” means an individual, corporation, partnership, joint venture, limited liability company, governmental authority, unincorporated organization, trust, association or other entity.
“Platform” means Global Yogis’ current version of the Website described in the recitals, allowing Global Yogis to offer its Offerings.
“Receiving Party” means you.
“Services” means the services offered by Global Yogis, alone or in conjunction with other partners, stemming from the use of the Platform;
“Term” has the meaning set forth in Section 10.1.
“Usage Data” means all data, collected or generated by You, in any format, medium or form, whether audio, visual, digital, screen, GUI or other, resulting from any use of the Platform by You under or in connection with this Agreement, except that Usage Data does not include any Materials or any data, information or content, including, but not limited to, any GUI, audio, visual or digital or other display or output, that is generated automatically upon executing the Platform without additional user input.
2. Personal License
2.1 License Grant. Subject to and conditioned upon your compliance with the terms and conditions of this Agreement, Global Yogis hereby grants You a personal, non-commercial, nonexclusive, nontransferable, non-sublicensable license to download, install and use the Materials and Services available on or through the Platform with your Access Credentials strictly in accordance with the Platform’s Documentation in the United States during the Term (the “License”) and this Agreement.
2.2 No Technical Support. Global Yogis has no obligation under this Agreement to provide any maintenance, support or other services relating to the Platform. You are solely responsible for taking appropriate measures to back up your system and data and all other necessary measures to prevent any file or data loss.
3. Use Restrictions. You shall not, and shall not permit others to access or use the Platform except as expressly permitted by this Agreement. For purposes of clarity and without limiting the generality of the foregoing, You shall not, except as this Agreement expressly permits:
a. access or use the Platform at any time outside the Territory, and/or without having first provided the required user verification and access codes;
b. copy, modify, correct, create, adapt, translate, enhance or otherwise prepare derivative works or improvements of the Services, the Platform, or related Documentation;
c. reverse engineer, disassemble, decompile, decode or adapt the Platform, or otherwise attempt to derive or gain access to the Platform’s source Code, in whole or in part or
d. rent, lease, lend, sell, sublicense, assign, distribute, publish, transfer or otherwise make available any Services to any Person, including on or in connection with the internet or any time-sharing, service bureau, software as a service, cloud or other technology or service;
e. bypass or breach any security device or protection used by the Services or Global Yogis Materials or access or use the Services or Global Yogis Materials through the use of your own then valid Access Credentials;
f. input, upload, transmit or otherwise provide to or through the Platform or Global Yogis Systems, any information or materials that are unlawful or injurious, or contain, transmit or activate any Harmful Code;
g. damage, destroy, disrupt, disable, impair, interfere with or otherwise impede or harm in any manner the Platform, Global Yogis Systems or Global Yogis’ provision of services to any third party, in whole or in part;
h. remove, delete, alter or obscure any trademarks, warranties or disclaimers, or any copyright, trademark, patent or other intellectual property or proprietary rights notices from the Platform or Global Yogis Materials, including any copy thereof;
i. access or use the Platform, Services or Materials in any manner or for any purpose that infringes, misappropriates or otherwise violates any Intellectual Property Right or other right of any third party (including by any unauthorized access to, misappropriation, use, alteration, destruction or disclosure of the data of any other Global Yogis customer), or that violates any applicable Law;
j. access or use the Services, Materials or Documentation for purposes of competitive analysis of the Services Documentation, the development, provision or use of a competing software service or product or any other purpose that is to Global Yogis’ detriment or commercial disadvantage; or
k. access or use the Services or Materials or Documentation in, or in association with, the design, construction, maintenance, operation of any hazardous environments, systems or applications, any safety response systems or other safety-critical applications, or any other use or application in which the use or failure of the Services could lead to personal injury or severe physical or property damage; or
l. otherwise access or use the Services, Materials or Documentation beyond the scope of the authorization granted under Section 2.1.
4. Delivery. Upon accepting the terms and conditions, when you register with Global Yogis™’s Website, Global Yogis shall provide the Access Credentials to you.
5. Acknowledgements and covenants from You.
5.1 No Expectations of Privacy. You understand and agree that there are no expectations of privacy regarding the Usage Data and Global Yogis may use the Usage Data without restrictions, even after the end of this Agreement.
5.2 Representations. YOU REPRESENT, WARRANT AND COVENANT THAT YOU ARE ENTERING INTO THIS AGREEMENT AND INTEND TO USE THE MATERIALS SOLELY AS A BONA FIDE CUSTOMER OF GLOBAL YOGIS AND THAT YOU WILL NOT USE OR CAUSE OR PERMIT OTHERS TO USE THE MATERIALS, IN WHOLE OR IN PART, TO DEVELOP, DISTRIBUTE, PROVIDE OR USE ANY PRODUCT OR SERVICE THAT COMPETES WITH THE PLATFORM, OR IN OR FOR ANY PURPOSE, MANNER OR APPLICATION THAT DISADVANTAGES GLOBAL YOGIS OR GLOBAL YOGIS’ BUSINESS OR OPERATIONS.
5.3 Important Acknowledgment. YOU ACKNOWLEDGE AND AGREE THAT, EVEN THOUGH GLOBAL YOGIS MAY PROVIDE GUIDANCE AND INSTRUCTIONS RELATED TO THE WORKOUT PROGRAMS, YOU ARE SOLELY RESPONSIBLE AT ALL TIMES OF YOUR OWN SAFETY, WHILE EXERCISING AND/OR FOLLOWING THE WORK OUT PROGRAMS GENERATED BY THE PLATFORM, AND SHALL IN PARTICULAR, EXERCISE YOUR MOST REASONABLE JUDGMENT TALKING ACCOUNT YOUR MEDICAL CONDITIONS, THE ENVIRONMENT, THE PREVIOUS PHYSICAL EXERCISES AND ACCEPT THAT GLOBAL YOGIS DISCLAIMS ANY RESPONSIBILITY REGARDING ANY CONSEQUENCES STEMMING FROM YOUR PHYSICAL EXERCISES WHILE OR WHEN USING THE PLATFORM. TO THE FULLEST EXTENT POSSIBLE.
5.4 Geographic Restrictions. The Content and Services are based in the state of California in the United States and provided for access and use only by persons located in the United States. You acknowledge that you may not be able to access all or some of the Content and Services outside of the United States and that access thereto may not be legal by certain persons or in certain countries. If you access the Content and Services from outside the United States, You are responsible for compliance with local laws. You represent and warrant that You (i) are not located in a country subject to US Government embargo or that has been designated by the US Government as a “terrorist supporting” country and (ii) You are not listed on any US Government list of prohibited or restricted parties.
6.1 Ownership of Platform, Evaluation Materials and Documentation. Subject solely to the express license granted by Global Yogis under this Agreement, as between the parties, Global Yogis reserves and retains all right, title and interest in and to the Materials, Platform, Documentation and Global Yogis’ other Confidential Information, including the sole and exclusive ownership of all Intellectual Property Rights relating thereto. You shall and hereby does unconditionally and irrevocably assign to Global Yogis or Global Yogis’ designee, the entire right, title and interest that You may have or acquire in any Materials or any of Global Yogis’ Confidential Information, including the sole and exclusive ownership of all Intellectual Property Rights relating thereto.
6.2 No Implied Rights. Nothing contained in this Agreement will be construed as granting, by implication, waiver, estoppel or otherwise: You or any third party any Intellectual Property Rights or other right, title, or interest in or to any of the Materials or Global Yogis’ Confidential Information, except for the limited rights and licenses expressly granted to you pursuant to this Agreement
6.3 Proprietary Notices. You shall not remove from, and shall cause to be affixed to or otherwise displayed in connection with, any copies of the Materials made by or on your behalf all copyright and other Intellectual Property Rights notices contained in the Materials as received from Global Yogis.
7.1 Confidentiality and Use. Each party acknowledges that in connection with this Agreement, you may gain access to Confidential Information of Global Yogis. As a condition to being provided with such Confidential Information, you agree, for a period of five years after the Effective Date, to:
a. not use Global Yogis’ Confidential Information other than as strictly necessary to exercise your rights or perform your obligations under this Agreement;
b. not use any of Global Yogis’ Confidential Information, directly or indirectly, in any manner to the detriment of Global Yogis or to obtain any competitive advantage relative to Global Yogis;
c. maintain Global Yogis’ Confidential Information in strict confidence and, subject to Section 7.2, not disclose Global Yogis’ Confidential Information without Global Yogis’ prior written consent, provided, however, that you may disclose the Confidential Information to your legal advisers and
d. notify Global Yogis in writing immediately of any unauthorized accessing, possession or use of Global Yogis’ Confidential Information of which you may become aware and cooperate fully with Global Yogis in any investigation or litigation relating to or arising from any of such unauthorized acts.
You shall use reasonable care, at least as protective as the efforts you use with respect to your own confidential information, to safeguard Global Yogis’ Confidential Information from use or disclosure other than as permitted hereby.
7.2 Exceptions. If you become legally compelled to disclose any Confidential Information, you shall: (a) provide prompt written notice to Global Yogis so that Global Yogis may seek a protective order or other appropriate remedy or waive its rights under this Section 7; and (b) disclose only the portion of Confidential Information that you are legally required to produce. If a protective order or other remedy is not obtained, or Global Yogis waives compliance, you shall use reasonable efforts to obtain assurance that confidential treatment will be afforded the Confidential Information.
8.1 You shall indemnify, defend and hold harmless Global Yogis, and each of its and their respective officers, directors, employees, agents, successors and assigns (each, a “Global Yogis Indemnitee“) from and against any and all Losses incurred by such Global Yogis Indemnitee arising out of or relating to any claim, suit, action or proceeding by a third party (each, an “Action“) in connection with the following: (a) Usage Data, including any Processing of Usage Data by or on behalf of Global Yogis in accordance with this Agreement, (b) any other materials or information (including any documents, data, specifications, software, content or technology) provided by you or on your behalf, including Global Yogis’ compliance with any specifications or directions provided by you or on your behalf to the extent prepared without any contribution by Global Yogis, (c) allegation of facts that, if true, would constitute your breach of any of your representations, warranties, covenants or obligations under this Agreement; or (d) negligence or more culpable act or omission (including recklessness or willful misconduct) by you or any third party on your behalf, in connection with this Agreement.
8.2 Global Yogis shall promptly notify you in writing of any Action for which Global Yogis believes it is entitled to be indemnified pursuant to Section 8.2, as the case may be. Global Yogis Indemnitee shall cooperate with the other party (the “Indemnitor“) at the Indemnitor’s sole cost and expense. The Indemnitor shall immediately take control of the defense and investigation of such Action and shall employ counsel reasonably acceptable to Global Yogis Indemnitee to handle and defend the same, at the Indemnitor’s sole cost and expense.
9.1 Free Trial Period. You will be able to use the Platform for free for 30 days following your registration (“Trial Period“). You will be requested to provide a credit card number. If you do not cancel this Agreement after the Trial Period, you will be charged a monthly fee as per paragraph 9.2 below.
9.2 Payments. Following the Trial Period, you agree to pay Global Yogis the applicable fees and taxes. Failure to pay these fees may result in the termination of your subscription. You must pay Global Yogis for applicable fees and taxes unless you cancel the Service, in which case you agree to still pay these fees through the end of the applicable subscription period.
10. Term and Termination.
10.1 Term. This Agreement commences as of the Effective Date and will renew from month-to-month and continue in effect until terminated by you or Global Yogis as set forth in Section 10.2 (the “Term“).
a. You may terminate this Agreement by activating the “non- renewal” function present on our Website, or by contacting us through our contact form or by mail at 44 Tehama St, San Francisco, CA 94105 or by calling us at [Free toll number] and this will be taken into account for the next billing cycle (eg. If the agreement is due to renew on September 30 and you activate the non-Renewal function on September 15, you won’t be charged after September 30. But if non activate the non-renewal function on October 1, you will be charged until October 31)
b. Global Yogis may terminate this Agreement at any time without notice if it ceases to support the Platform, which Company may do in its sole discretion.
c. In addition, this Agreement will terminate immediately and automatically without any notice if you violate any of the terms and conditions of this Agreement, including failure to pay the fees pursuant to section 9 of this Agreement.
10.3 Effect of Expiration or Termination. Upon the termination of this Agreement in accordance with this Section 10:
a. You shall:
i. immediately discontinue all use of and permanently erase or cause to be erased from your computer systems, files and storage media all copies of the Materials and other Confidential Information of Global Yogis obtained, made or authorized to be made by You or on your behalf;
b.Global Yogis may activate and use without any resulting obligation or liability to You or any third party, a disabling encoded commands that will prevent the Platform from being used by unauthorized users for unauthorized purposes or after the Term. You shall not tamper with this disabling code, if any.
c. Refunds will not be provided for the unused portion of the term if auto-renew is cancelled.
10.4 Survival. The rights and obligations of the parties set forth in this Section 10.4 (Survival) and Section 1 (Definitions), Section 6 (Ownership), Section 7 (Confidentiality), Section 8 (Indemnification), Section 10.3 (Effect of Expiration or Termination), Section 11 (Disclaimer of Warranty), Section 12 (Limitations of Liability), Section 13 (Infringement) and Section 14 (Miscellaneous), and any right, obligation or required performance of the parties in this Agreement which by its express terms or nature and context is intended to survive termination or expiration of this Agreement, will survive any such termination or expiration.
11. Disclaimer of Warranty.
11.1 GLOBAL YOGIS HEREBY DISCLAIMS ALL WARRANTIES, WHETHER EXPRESS, IMPLIED, STATUTORY, OR OTHERWISE, WITH RESPECT TO THIS AGREEMENT OR ANY SUBJECT MATTER HEREOF. THE SERVICES ARE PROVIDED “AS IS” WITH ALL FAULTS AND WITHOUT WARRANTY OF ANY KIND. TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, GLOBAL YOGIS HEREBY DISCLAIMS ALL WARRANTIES AND CONDITIONS, EXPRESS, IMPLIED, STATUTORY OR OTHER, INCLUDING, WITHOUT LIMITATION, THE IMPLIED WARRANTIES OR CONDITIONS OF MERCHANTABILITY, TITLE, FITNESS FOR A PARTICULAR PURPOSE AND NON-INFRINGEMENT, AND ALL WARRANTIES ARISING FROM COURSE OF DEALING, COURSE OF PERFORMANCE OR USAGE IN TRADE, OR THAT ANY PLATFORM OR OTHER EVALUATION MATERIALS WILL MEET YOUR REQUIREMENTS OR THAT THE PLATFORM’S OPERATION WILL BE SECURE, UNINTERRUPTED OR ERROR-FREE, OR SUITABLE FOR YOUR PARTICULAR NEEDS OR OF THOSE OF ANY OTHER PERSON. THE ENTIRE RISK ARISING OUT OF THE USE OR PERFORMANCE OF THE SERVICES REMAINS WITH YOU.
12. Limitations of Liability.
12.1 Exclusion of Damages. TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, IN NO EVENT WILL GLOBAL YOGIS, ITS SOFTWARE DEVELOPERS OR SUPPLIERS BE LIABLE FOR ANY LOSS OF, DAMAGE TO, OR CORRUPTION OF DATA, LOST PROFITS, BUSINESS, CONTRACTS, REVENUE, PRODUCTION, GOODWILL OR ANTICIPATED SAVINGS, OR BUSINESS INTERRUPTION OR OTHER COMMERCIAL ECONOMIC OR OTHER DAMAGES, LOSSES OR INJURY OF ANY KIND, INCLUDING, BUT NOT LIMITED TO, ANY DIRECT, INDIRECT, SPECIAL, INCIDENTAL OR CONSEQUENTIAL DAMAGES ARISING OUT OF OR IN CONNECTION WITH THIS AGREEMENT OR ANY SUBJECT MATTER HEREOF, INCLUDING, WITHOUT LIMITATION, ANY USE OF OR INABILITY TO USE THE PLATFORM OR OTHER MATERIALS, IN WHOLE OR IN PART, EVEN IF ADVISED OF THE POSSIBILITY OF SUCH LOSSES, DAMAGES OR INJURIES AND REGARDLESS OF WHETHER ANY REMEDY SET FORTH IN THIS AGREEMENT FAILS OF ITS ESSENTIAL PURPOSE.
12.2 CAP ON MONETARY LIABILITY. TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, NOTWITHSTANDING ANY OTHER PROVISIONS OF THIS AGREEMENT, IN NO EVENT WILL GLOBAL YOGIS’ LIABILITY ARISING OUT OF OR RELATED TO THIS AGREEMENT OR ITS SUBJECT MATTER, WHETHER ARISING OUT OF OR RELATED TO BREACH OF CONTRACT, TORT (INCLUDING NEGLIGENCE) OR OTHERWISE, EXCEED $50.00.
13. Infringement. If you are notified by a third party that such party claims rights in any Evaluation Materials or that any use of any Materials infringes any right of that third party, You shall immediately notify Global Yogis and, at Global Yogis’ request, immediately cease all such use of all such Materials. If Global Yogis is, or determines in its sole discretion that it cannot or should not otherwise allow You to continue evaluating the Platform because of such claim, either party may terminate this Agreement immediately on written notice to the other party without any resulting obligation or liability to the other party by reason of such termination.
14.1 Relationship of the Parties. The relationship between the parties is that of independent contractors. Nothing contained in this Agreement shall be construed as creating any agency, partnership, joint venture or other form of joint enterprise, employment or fiduciary relationship between the parties, and neither party shall have authority to contract for or bind the other party in any manner whatsoever.
14.2 Notices. All notices, requests, consents, claims, demands, waivers and other communications hereunder shall be in writing.
Notices sent in accordance with this Section shall be deemed effectively given: (a) when received, if delivered by hand (with written confirmation of receipt); (b) when received, if sent by a nationally recognized overnight courier (receipt requested); (c) on the date sent by e-mail in each case, with confirmation of transmission), if sent during normal business hours of the recipient, and on the next business day, if sent after normal business hours of the recipient; or (d) on the third day after the date mailed, by certified or registered mail, return receipt requested, postage prepaid.
14.3 Entire Agreement. This Agreement constitutes the entire agreement of the parties with respect to the subject matter contained herein, and supersedes any and all prior and contemporaneous understandings and agreements, whether written or oral, with respect to such subject matter.
14.4 Assignment. You shall not assign or otherwise transfer any of its rights, or delegate or otherwise transfer any of its obligations or performance, under this Agreement, in each case whether voluntarily, involuntarily, by operation of law or otherwise, without Global Yogis’ prior written consent. Any purported assignment, delegation or transfer in violation of this Section 14.4 is void. However, notwithstanding anything to the contrary in this Agreement, Global Yogis may freely assign or otherwise transfer all or any of its rights, or delegate or otherwise transfer all or any of its obligations or performance, under this Agreement. This Agreement is binding upon and inures to the benefit of the parties hereto and their respective permitted successors and assigns.
14.5 No Third-Party Beneficiaries. This Agreement is for the sole benefit of the parties hereto and their respective permitted successors and permitted assigns and nothing herein, express or implied, is intended to or shall confer on any other person or entity any legal or equitable right, benefit or remedy of any nature whatsoever under or by reason of this Agreement.
14.6 Amendment and Modification; Waiver. This Agreement may only be amended, modified or supplemented by an agreement in writing signed by each party hereto. No waiver by any party of any of the provisions hereof shall be effective unless explicitly set forth in writing and signed by the party so waiving. Except as otherwise set forth in this Agreement, no failure to exercise, or delay in exercising, any right, remedy, power or privilege arising from this Agreement shall operate or be construed as a waiver thereof; nor shall any single or partial exercise of any right, remedy, power or privilege hereunder preclude any other or further exercise thereof or the exercise of any other right, remedy, power or privilege.
14.7 Severability. If any term or provision of this Agreement is invalid, illegal or unenforceable in any jurisdiction, such invalidity, illegality or unenforceability shall not affect any other term or provision of this Agreement or invalidate or render unenforceable such term or provision in any other jurisdiction. Upon such determination that any term or other provision is invalid, illegal or unenforceable, the parties hereto shall negotiate in good faith to modify this Agreement so as to effect the original intent of the parties as closely as possible in a mutually acceptable manner in order that the transactions contemplated hereby be consummated as originally contemplated to the greatest extent possible.
14.8 Governing Law; Submission to Jurisdiction. This Agreement shall be governed by and construed in accordance with the internal laws of the State of California without giving effect to any choice or conflict of law provision or rule that would cause the application of Laws of any jurisdiction other than those of the State of California. Any legal suit, action or proceeding arising out of or related to this Agreement or the Evaluation License granted hereunder shall be instituted exclusively in the federal courts of the United States or the courts of the State of California in each case located in San Francisco and County of San Francisco County, and each party irrevocably submits to the exclusive jurisdiction of such courts in any such suit, action or proceeding. Service of process, summons, notice or other document by mail to such party’s address set forth herein shall be effective service of process for any suit, action or other proceeding brought in any such court.
14.9 Equitable Remedies. You acknowledge and agree that (a) your breach or threatened breach of any of your obligations under this Agreement would give rise to irreparable harm to Global Yogis for which monetary damages would not be an adequate remedy, and (b) in the event of your breach or threatened breach of any such obligations, Global Yogis shall, in addition to any and all other rights and remedies that may be available to Global Yogis at law, at equity or otherwise in respect of such breach, be entitled to equitable relief, including, but not limited to, a temporary restraining order, an injunction, specific performance and any other relief that may be available from any court of competent jurisdiction, without any requirement to post a bond or other security or to prove actual damages or that monetary damages will not afford an adequate remedy. You agree that you will not oppose or otherwise challenge the appropriateness of equitable relief or the entry by a court of competent jurisdiction of an order granting equitable relief, in either case, consistent with the terms of this Section 14.10.
14.10 Attorneys’ Fees. In the event that any action, suit, or other legal or administrative proceeding is instituted or commenced by either party hereto against the other party arising out of or related to this Agreement, the prevailing party shall be entitled to recover its reasonable attorneys’ fees and court costs from the non-prevailing party.
14.11 Electronic copy. A copy of this Agreement may be delivered by e-mail.
14.12 Questions. Any question, complaints or claims with respect to the Platform should be directed to Impulse Analytics LLC, 44 Tehama St, San Francisco, CA 94105, or by contacting us through our contact form.