Last Revised: January 21, 2013
Vittana reserves the right to change or modify these Terms or any policy or guideline of the Sites, at any time and in its sole discretion. Any changes or modifications will be effective immediately upon posting the revisions to the Sites, and you waive any right you may have to receive specific notice of such changes or modifications. Your continued use of the Sites will confirm your acceptance of such changes or modifications; therefore, you should frequently review the Terms and applicable policies to understand the terms and conditions that apply to your use of the Sites. If you do not agree to the amended Terms, policy or guideline, you must stop using the Sites.
2. Additional Terms for Lenders
If you make a Loan through our Site, additional terms will apply as follows:
2.1 Participation. Vittana manages the Site, which matches you and other persons (each, a "Lender" and, collectively, "Lenders") with students in the developing world (each, a "Borrower" and, collectively, "Borrowers") in need of a Loan. In most instances, these Borrowers are considered "high risk" by traditional lenders for a variety of factors, including, but not limited to, the Borrowers' lack of credit history, financial instability, foreign exchange rate fluctuations and geographic location. By making a Loan or otherwise using this Site, you hereby acknowledge and agree that (a) Vittana makes no representation, warranty, covenant or guarantee that any funds you lend to a Borrower via the Site will be repaid in whole or in part and (b) Loans made via the Site (each, a "Loan") are unsecured and bear a high risk of non-repayment. Loans are philanthropic in nature with no offered rate of return and, as such, are not intended as, and cannot be considered as, an investment in a financial instrument or security.
2.2 Loan Disbursement. You understand that Loans are not made directly to Borrowers and that Vittana partners with international microfinance organizations ("Microfinance Partner") to build student loan programs. Loan requests are posted in cooperation with such Microfinance Partners and are, before being listed on Vittana, converted to US Dollar amounts as necessary to help streamline the loan transaction process. Funds loaned by you, the Lender, will be delivered to Microfinance Partners for ultimate disbursement to, or backfilling of loans to, the Borrower(s) you have selected. A Microfinance Partner may voluntarily choose to pre-fund your Borrower in the short-term from its own funds in anticipation of receiving your Loan as backfill. This helps reduce the time the Borrower needs to wait until the Loan is funded on the Site and the funds delivered on a net billing basis to the Microfinance Partner. Vittana serves as a middle-man in the process and aggregates funds from multiple Lenders via the Site and delivers 100% of these funds on a net billing basis (excluding the interest earned, if any, on such funds while they are held in a Vittana user loan funds account, which interest is contributed to fund Vittana's operations) to the Microfinance Partner(s) for disbursement to the Borrowers selected for funding on the Site. Please note that many Microfinance Partners may require mandatory savings as part of their loan transaction process to serve as collateral and which may help ensure that Borrowers are able to accumulate cash and represent a good risk. In certain cases, mandatory savings (and loan fees) are netted against the Loans forwarded by Vittana.
The process of disbursement to a Borrower in a particular country, however, may vary from the standard disbursement structure just described. Currency and other national or local regulations may require a different philanthropic funding structure in some countries. In such cases, instead of Loan funds being forwarded directly to the corresponding Microfinance Partner, Vittana may, for example, have to transact with other intermediaries, such as the Microfinance Partner's U.S.-based affiliates or other third parties licensed in a country to transact in foreign currencies, to structure a different indirect funding process to enable a Borrower to ultimately be supported by a Loan from You.
Microfinance Partners are solely responsible for screening and sourcing each Borrower, and making all Loan disbursements. Although Vittana regularly visits and reviews its Microfinance Partners’ processes and portfolios, Vittana (a) expressly disclaims any responsibility to screen or source any Borrower or any Microfinance Partner or monitor the disbursement of Loan proceeds from the Microfinance Partner(s) to the Borrower(s), and (b) shall have no liability whatsoever with respect to such screening or selection of Borrowers or Microfinance Partners and the disbursement of Loan proceeds from the Microfinance Partner(s) to the Borrower(s), and you shall hold Vittana harmless from, any and all liabilities with respect to, or resulting from such screenings, selections and disbursement of Loan proceeds from the Microfinance Partner(s) to the Borrower(s).
2.3 Loan Collection and Repayment. Loans are repaid directly by the Borrower(s) to the Microfinance Partner(s). As Borrowers repay the Loans, Vittana will post a record of repayments actually received by the Microfinance Partner(s) to the Site and it is the responsibility and obligation of the applicable Microfinance Partner(s) to pay over such collected Loan payments to Vittana. Repayments may be made in periodic installments, depending on the terms of the applicable Loan. Any amounts actually received by Vittana from a Microfinance Partner(s) as repayment by the applicable Borrower(s) will be distributed among the Lenders on a pro rata basis in accordance with the amounts loaned by such Lenders to such Borrower(s). These distributions may, in Vittana's sole discretion, be made periodically or in one lump sum once 100% of all Loan proceeds for a particular Loan have been received. If, for any reason, the Microfinance Partner(s) are unable to collect Loan repayments directly from the Borrowers or if Vittana, for any reason, is unable to collect Loan repayments directly from the Microfinance Partner(s), repayment of your Loan could be at risk of partial or total delay or non-repayment and a loss of some or all of your principal could occur. You hereby acknowledge and agree that neither the Microfinance Partner(s) nor the Borrower(s) will have direct contractual obligation to pay you any principal and that Vittana is obligated to repay only such Loan principal to the extent actually received by Vittana from a Microfinance Partner with respect to a Borrower. None of Vittana, its Microfinance Partner(s) or any Borrower will have any obligation to pay interest on the Loan or other fees or amounts (other than as expressly set forth above) to you or any other Lender in connection with any Loan you make. At this time, Vittana does not charge interest on any Loans posted on the Site. However, you should note that Microfinance Partners charge interest and fees to Borrowers to, for example, cover their operational expenses.
2.4 Tax Deductibility. You understand that Vittana is a non-profit public benefit corporation. Vittana has received exemption with the Internal Revenue Service as an organization that qualifies as a public charity under Section 501(c)(3) of the Internal Revenue Code of 1986, as amended from time to time. You acknowledge, however, that because your loan to a student is not a donation, you are not eligible to receive a tax deduction as might otherwise be available in connection with a charitable contribution to a tax-exempt public charity. You also understand that you are solely responsible for determining the proper tax treatment for any Loan you make through the Site and the Program. Vittana has not and will not provide any tax or legal advice to you in connection with any Loan you might make. These Terms do not attempt to define the tax implications of making a Loan. If you make a Loan, you should consult with your own accountants, tax and legal advisors.
2.5 Loan Records. Records of each Loan you make (including these Terms and any repayment history) will be kept by Vittana and, upon your written request, will be made available to you at any time throughout the term of the Loan. The amount of funds you have available in your Vittana account that is available to be lent ("Vittana Credit") can also be accessed via your Vittana online account created upon registering at the Site.
2.6 Principal Loss Scenarios. You understand and hereby consent (without any prior notice thereof) to any restructuring of the repayment plan for your Loan and/or, in Vittana's sole discretion, any extension of the length of the term of your Loan in order to increase the chances that your Loan is repaid. Vittana will generally deem a Loan to be in default if Vittana determines that collection of funds from a Microfinance Partner for such Loan is doubtful or a repayment on the Loan is six (6) months past the originally scheduled repayment date (for any expected repayment, including interim repayments), although case by case differences may exist based on pending prospects for repayment of the Loan.
In this case, each applicable Lender will have the option to recover whatever principal has been repaid up to that point.
If for any reason less than 100% of your Loan is repaid, you agree that Vittana and its Microfinance Partners shall have no liability therefor, and you hereby release and forever hold harmless Vittana and its Microfinance Partners for any loss you may incur. You should consult with your accountant and/or tax advisors to determine the appropriate tax treatment of such a loss.
2.7 Insufficient Lender Funds. In the event that you make a Loan and your payment does not clear (e.g., your payment provider reverses a payment originally intended for Vittana), you agree that Vittana may, in its sole discretion, (i) offset the amount of the insufficiently funded Loan against your Vittana Credit or (ii) withdraw and cancel your insufficiently-funded Loan from your account as not paid in full.
2.8 User Account Inactivity; Instructions for Auto-Donation of Funds to Vittana or Auto-Withdrawal Return of Funds to User; Potential Escheatment of Funds. Vittana welcomes its users’ active participation. However, there may be occasions when a user becomes “inactive” for an extended period of time – i.e., a user does not log in to his or her Vittana account or there are no credits/withdrawals made to such user’s account. Therefore, Vittana may implement Site features pursuant to which you may instruct Vittana in advance as to how you wish any remaining balances in your account to be handled in the event your account were to become inactive for a period of twenty-four (24) or more consecutive months -- namely, whether in such a case of user inactivity, you (i) wish to automatically donate remaining funds in your account to Vittana’s general operating expenses to further Vittana’s philanthropic mission or (ii) wish for Vittana to return remaining funds in your account to you via Vittana’s standard account withdrawal process.
In the event that your account shows no activity for an extended period of time and (i) you have not indicated an instruction to Vittana through an inactivity preference selection described above or (ii) your instructions to have remaining balances returned to you cannot be successfully completed, whether due to invalid/incomplete information, your not claiming the funds after thirty (30) calendar days have passed from the day Vittana has forwarded the funds to you, a return of funds back to Vittana as unclaimed after Vittana has attempted to forward your funds to you, or for any other reason internal or external to Vittana, then Vittana may determine it is appropriate to forward (i.e., escheat) the balance remaining in your inactive Vittana account to the state government of your state of residency. In such a case, Vittana will determine your residency based on the state listed in your mailing address information that may have previously been made available to us. If your address is unknown or is outside of the USA, Vittana may then find it is appropriate to forward (escheat) your funds to the State of Washington. If your funds are escheated to a state authority, you would have to contact the relevant state’s unclaimed property administrator to reclaim such funds.
2.9 User auto lending; Users who sign up after January 14, 2013 will be opted-in to auto lending. If a user does not login to their Vittana account for 12 months, their Vittana Credit will be automatically relent to other Vittana students. Repayments for these auto-loans will return to the user's account as Vittana Credit, like a normal loan. If a user does not want to participate in this program they can opt out of the program by changing the auto-lend preference in their account and unchecking the appropriate box.
3. Eligibility, Registration and Account
The Sites are not targeted toward or intended for use by anyone under the age of 18. By accessing or using the Sites, you represent and warrant that you are 18 years of age or older. You also agree to (a) create only one account; (b) provide accurate, truthful, current and complete information when creating your account; (c) maintain and promptly update your account information; (d) maintain the security of your account by not sharing your password with others and restricting access to your account and your computer; (e) promptly notify Vittana if you discover or otherwise suspect any security breaches related to the Sites; and (f) take responsibility for all activities that occur under your account and accept all risks of unauthorized access.
4. Copyright and Limited License
Unless otherwise indicated, the Sites and all content and other materials on the Sites, including, without limitation, Vittana's logo and all designs, text, graphics, pictures, information, data, software, sound files, other files and the selection and arrangement thereof (collectively, "Site Materials") are the proprietary property of Vittana or its licensors or users and are protected by U.S. and international copyright laws.
You are granted a limited, non-sublicensable license to access and use the Sites and Site Materials for your informational and personal use only. Such license is subject to these Terms and does not include: (a) any resale or commercial use of the Sites or the Site Materials; (b) the collection and use of any pictures or descriptions; (c) the distribution, public performance or public display of any Site Materials; (d) modifying or otherwise making any derivative uses of the Sites and the Site Materials, or any portion thereof; (e) use of any data mining, robots or similar data gathering or extraction methods; (f) downloading (other than the page caching) of any portion of the Sites, the Site Materials or any information contained therein, except as expressly permitted on the Sites; or (g) any use of the Sites or the Site Materials other than for its intended purpose. Any use of the Sites or the Site Materials other than as specifically authorized herein, without the prior written permission of Vittana, is strictly prohibited and will terminate the license granted herein. Such unauthorized use may also violate applicable laws, including, without limitation, copyright and trademark laws and applicable communications regulations and statutes. Unless explicitly stated herein, nothing in these Terms shall be construed as conferring any license to intellectual property rights, whether by estoppel, implication or otherwise. This license is revocable at any time.
5. Repeat Infringer Policy
In accordance with the Digital Millennium Copyright Act ("DMCA") and other applicable laws, Vittana has adopted a policy of terminating, in appropriate circumstances and in Vittana's sole discretion, users who are deemed to be repeat infringers. Vittana may also, in its sole discretion, limit access to the Sites and/or terminate the accounts of any users who infringe any intellectual property rights of others, whether or not there is any repeat infringement.
6. Copyright Complaints
If you believe anything on the Sites infringes upon any copyright which you own or control, you may file a notification of such infringement with our Designated Agent as set forth below.
Name of Designated Agent: K.C. Gariepy
Full Address of Designated Agent: 801 2nd Ave, Suite 312; Seattle, WA 98104
Telephone Number of Designated Agent: (800) 672-4508
Facsimile Number of Designated Agent: (206) 381-8841
E-Mail Address of Designated Agent: firstname.lastname@example.org
Please see 17 U.S.C. §512(c)(3) for the requirements of a proper notification. You should note that if you knowingly misrepresent in your notification that the material or activity is infringing, you will be liable for any 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.
"VITTANA," Vittana's logos and any other trade name or slogan contained in the Sites are trademarks of Vittana, its partners or its licensors and may not be copied, imitated or used, in whole or in part, without the prior written permission of Vittana or the applicable trademark holder. You may not use any metatags or any other "hidden text" utilizing Vittana or any other name, trademark or product or service name of Vittana without our prior written permission. In addition, the look and feel of the Sites, including all page headers, custom graphics, button icons and scripts, is the service mark, trademark and/or trade dress of Vittana and may not be copied, imitated or used, in whole or in part, without our prior written permission. All other trademarks, registered trademarks, product names and company names or logos mentioned on the Sites are the property of their respective owners. Reference to any products, services, processes or other information, by trade name, trademark, manufacturer, supplier or otherwise does not constitute or imply endorsement, sponsorship or recommendation thereof by us.
You are granted a limited, non-exclusive right to create a text hyperlink to the Sites for noncommercial purposes, provided such link does not portray Vittana in a false, misleading, derogatory or otherwise defamatory manner and provided further that the linking site does not contain any adult or illegal material or any material that is offensive, harassing or otherwise objectionable. This limited right may be revoked at any time. You may not use Vittana's logo or other proprietary graphics to link to the Sites without the express written permission of Vittana. Further, you may not use, frame or utilize framing techniques to enclose any of Vittana's trademarks, logos or other proprietary information, including the images found at the Sites, the content of any text or the layout/design of any page or form contained on a page on the Sites without Vittana's express written consent. Except as noted above, you are not conveyed any right or license by implication, estoppel or otherwise in or under any patent, trademark, copyright or proprietary right of Vittana or any third party.
Vittana makes no claim or representation regarding, and accepts no responsibility for, the quality, content, nature or reliability of third-party websites accessible by hyperlink from the Sites, or websites linking to the Sites. Such sites are not under our control and Vittana is not responsible for the contents of any linked site or any link contained in a linked site, or any review, changes or updates to such sites. Vittana provides these links to you only as a convenience and the inclusion of any link does not imply affiliation, endorsement or adoption by Vittana of any site or any information contained therein. When you leave the Sites, you should be aware that our terms and policies no longer govern. You should review the applicable terms and policies, including privacy and data gathering practices, of any site to which you navigate from the Sites.
9. Third Party Content
Vittana may provide third party content on the Sites and links to web pages and content of third parties (collectively, "Third Party Content") as a service to those interested in this information. We do not control, endorse or adopt any Third Party Content and can make no guarantee as to its accuracy or completeness. You acknowledge and agree that Vittana is not responsible or liable in any manner for any Third Party Content and undertakes no responsibility to update or review such Third Party Content. Users use such Third Party Content contained therein at their own risk.
10. Advertisements and Promotions; Third-Party Products and Services
Vittana may display advertisements and promotions from third parties on the Sites or may otherwise provide information about or links to third-party products or services. Your business dealings or correspondence with, or participation in promotions of, such third parties, and any terms, conditions, warranties or representations associated with such dealings or promotions, are solely between you and such third party. Vittana is not responsible or liable for any loss or damage of any sort incurred as the result of any such dealings or promotions or as the result of the presence of such non-Vittana advertisers or third party information on the Sites.
11. User Content and Interactive Areas
The Sites may include interactive areas in which you or other registered users can create, post, or store photos, text, messages, materials, data, information, music, sound, video, graphics, applications, code, links or other items or content on the Sites ("User Content"). You are solely responsible for your use of such interactive areas of the Sites and use them at your own risk.
By using the Sites, you agree not to post, upload to, transmit, distribute, store, create or otherwise publish or send through the Sites any of the following:
a. User Content that is unlawful, libelous, defamatory, obscene, pornographic, indecent, lewd, suggestive, harassing, threatening, abusive, inflammatory, fraudulent, false, misleading or otherwise objectionable;
b. User Content that would constitute, encourage or provide instructions for a criminal offense, violate the rights of any party or otherwise violate these Terms or any local, state, national or international rule, law or regulation;
c. User Content that may impinge upon or violate the publicity, privacy or data protection rights of others, including pictures or information about another individual where you have not obtained such individual's consent;
d. User Content that may infringe or violate any patent, trademark, trade secret, copyright or other intellectual or proprietary right of any party. By posting any User Content, you represent and warrant that you have the lawful right to distribute and reproduce such User Content;
e. User Content that impersonates any person or entity or otherwise misrepresents your affiliation with a person or entity;
f. Unsolicited promotions, political campaigning, advertising or solicitations;
g. Viruses, corrupted data or other harmful, disruptive or destructive files; and
h. User Content that, in the sole judgment of Vittana, is objectionable, restricts or inhibits any other person from using or enjoying the Sites or exposes Vittana or its users to any harm or liability of any type.
Any use of the Sites in violation of the rules set forth above violates these Terms and may result in, among other things, termination or suspension of your rights to use the Sites.
Vittana does not control, take responsibility for or assume liability for any User Content posted, stored or uploaded by you or any third party, or for any loss or damage thereto, nor is Vittana liable for any user conduct or any mistakes, defamation, slander, libel, omissions, falsehoods, obscenity, pornography or profanity you may encounter. If you become aware of User Content that you believe violates these Terms (with the exception of copyright infringement which is addressed in Section 6), you may report it by contacting us at community.vittana.org. Enforcement of the Terms, however, is solely in our discretion and our decision not to enforce the Terms in some instances does not constitute a waiver of our right to enforce the Terms in other instances. In addition, these Terms do not create any private right of action on the part of any third party or any reasonable expectation or promise that the Sites will not contain any content that is prohibited by the Terms. Although Vittana has no obligation to screen, edit or monitor any of the User Content posted on the Sites, Vittana reserves the right, and has absolute discretion, to remove, screen or edit any User Content posted or stored on the Sites at any time and for any reason without notice, and you are solely responsible for creating backup copies and replacing any User Content you post or store on the Sites at your sole cost and expense.
12. Rights in User Content, Representations and Warranties
Vittana claims no ownership or control over any User Content, except as otherwise provided herein, on the Sites or in a separate agreement. However, by submitting or posting User Content on the Sites, you grant Vittana and its affiliates a worldwide, nonexclusive, royalty-free, perpetual, irrevocable and fully sublicensable right to (a) use, reproduce, modify, adapt, publish, translate, create derivative works from, distribute, perform and display such User Content both on and off the Sites, including in connection with marketing and promotional activities, and (b) use your name and likeness as submitted to the Sites in connection with such use of your User Content. By posting User Content, you hereby release Vittana and its agents and employees from any claims that such use, as authorized above, violates any of your rights and you understand that you will not be entitled to any additional compensation for any use of your User Content.
You represent and warrant that (a) you own and control all of the rights to the User Content that you post or you otherwise have the right to post such User Content to the Sites; (b) the User Content is accurate and not misleading; and (c) use and posting of the User Content you supply does not violate these Terms and will not violate any rights of, or cause injury to, any person or entity.
Separate and apart from the User Content you provide as part of your use of the Sites, you can submit questions, comments, feedback, suggestions, ideas, plans, notes, drawings, original or creative materials or other information about Vittana, the Sites or our services (collectively, "Submissions"). Submissions, whether posted to the Sites or provided to Vittana by email or otherwise, are non-confidential and shall become the sole property of Vittana. Vittana shall own exclusive rights, including all intellectual property rights, and shall be entitled to the unrestricted use and dissemination of Submissions for any purpose, commercial or otherwise, without acknowledgment or compensation to you.
You agree to defend, indemnify and hold harmless Vittana, its independent contractors, service providers and consultants, and their respective directors, employees and agents, from and against any claims, damages, costs, liabilities and expenses (including, but not limited to, reasonable attorneys' fees) arising out of or related to (a) your use of the interactive areas of the Sites; (b) any User Content or Submission you provide or transmit through the Sites; (c) your violation of these Terms; (d) your violation of any rights of another; or (e) your conduct in connection with the Sites or its users.
15. Vittana Gift Cards
Vittana gift cards allow holders to make a loan on Vittana’s website. If they are not used by their expiration date, though, the value becomes a charitable donation. Vittana gift cards may only be redeemed by making a micro-loan to a student or a charitable donation to Vittana on the Vittana website, and cannot be redeemed for any other products or services. They are non-refundable.
By purchasing a gift card, you agree that the holder of the Vittana gift card has 13 months from your date of purchase to redeem it to make a micro-loan or a donation on the Vittana website. After that date, the following occurs:
If the recipient has redeemed the certificate in part before 13 months from your date of purchase: The entire certificate amount will be placed in the recipient’s Vittana account and may be used as Vittana Credit on the Vittana website for charitable donations or micro-loans to students.
If the recipient has not redeemed the certificate in part within 13 months of your purchase: The entire unused amount becomes a charitable donation that fund will use either to make loans to students or to fund Vittana’s operating expenses. Vittana will use the amount to further its mission at its sole discretion. After the gift card has been converted to a charitable donation, it may no longer be used to lend to a student on the site or to make a charitable donation. If this occurs, Vittana will send the original purchaser a tax receipt detailing their contribution as a part of its regular end-of-year correspondence.
A Vittana card can be delivered by email to the purchaser, where the purchaser can print a hard copy of the certificate, write in the redemption code and either email it to the recipient or deliver it in person. Vittana is not responsible for reminding recipients or the original purchaser to redeem the card.
The purchaser of a Vittana certificate owns said certificate until it is redeemed in full or in part by another user. If the purchaser elects to use part or all of the certificate before giving it to the recipient, it is the purchaser’s sole responsibility to inform the recipient that they can no longer use it. Redemption of the Vittana gift card by a different user (neither the purchaser or the intended recipient) will result in transfer of certificate ownership in full to that user.
Please exercise caution to safeguard your Vittana gift card, as it is non-refundable and Vittana cannot replace the certificate if it has been lost, stolen, erroneously redeemed or is otherwise unavailable. Once a gift card has been redeemed in full or in part, ownership cannot be transferred to a new user.
Vittana gift cards can be purchased in designated denominations ($10, $25, $50, $100) on Vittana’s website, and must also be redeemed through it.
Vittana gift cards that have been redeemed in part are not transferrable to another user.
EXCEPT AS EXPRESSLY PROVIDED TO THE CONTRARY IN A WRITING BY VITTANA, THE SITES, THE SITE MATERIALS CONTAINED THEREIN AND THE SERVICES PROVIDED ON OR IN CONNECTION THEREWITH ("SERVICES") ARE PROVIDED ON AN "AS IS" BASIS WITHOUT WARRANTIES OF ANY KIND, EITHER EXPRESS OR IMPLIED. VITTANA DISCLAIMS ALL OTHER WARRANTIES, EXPRESS OR IMPLIED, INCLUDING, WITHOUT LIMITATION, IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE AND NON-INFRINGEMENT AS TO THE INFORMATION, CONTENT AND MATERIALS IN THE SITES. VITTANA DOES NOT REPRESENT OR WARRANT THAT MATERIALS ON THE SITES ARE ACCURATE, COMPLETE, RELIABLE, CURRENT OR ERROR-FREE.
WHILE VITTANA ATTEMPTS TO MAKE YOUR ACCESS AND USE OF THE SITES AND THE SERVICES SAFE, VITTANA CANNOT AND DOES NOT REPRESENT OR WARRANT THAT THE SITES OR ITS SERVER(S) ARE FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS; THEREFORE, YOU SHOULD USE INDUSTRY-RECOGNIZED SOFTWARE TO DETECT AND DISINFECT VIRUSES FROM ANY DOWNLOAD.
17. Limitation of Liability
IN NO EVENT SHALL VITTANA, ITS DIRECTORS, EMPLOYEES OR AGENTS BE LIABLE FOR ANY DIRECT, SPECIAL, INDIRECT OR CONSEQUENTIAL DAMAGES, OR ANY OTHER DAMAGES OF ANY KIND, 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 WITH THE USE OF OR INABILITY TO USE THE SITES, THE SERVICES, THE CONTENT OR THE MATERIALS CONTAINED IN OR ACCESSED THROUGH THE SITES, INCLUDING WITHOUT LIMITATION ANY DAMAGES CAUSED BY OR RESULTING FROM RELIANCE BY USER ON ANY INFORMATION OBTAINED FROM VITTANA, OR THAT RESULT FROM MISTAKES, OMISSIONS, INTERRUPTIONS, DELETION OF FILES OR EMAIL, ERRORS, DEFECTS, VIRUSES, DELAYS IN OPERATION OR TRANSMISSION OR ANY FAILURE OF PERFORMANCE, WHETHER OR NOT RESULTING FROM ACTS OF GOD, COMMUNICATIONS FAILURE, THEFT, DESTRUCTION OR UNAUTHORIZED ACCESS TO VITTANA'S RECORDS, PROGRAMS OR SERVICES. IN NO EVENT SHALL THE AGGREGATE LIABILITY OF VITTANA, WHETHER IN CONTRACT, WARRANTY, TORT (INCLUDING NEGLIGENCE, WHETHER ACTIVE, PASSIVE OR IMPUTED), PRODUCT LIABILITY, STRICT LIABILITY OR OTHER THEORY, ARISING OUT OF OR RELATING TO THE USE OF OR INABILITY TO USE THE SITES OR THE SERVICES EXCEED ANY COMPENSATION YOU PAY, IF ANY, TO VITTANA FOR ACCESS TO OR USE OF THE SITES.
18. Modifications to Sites
Vittana reserves the right to modify or discontinue, temporarily or permanently, the Sites or any features or portions thereof without prior notice. You agree that Vittana will not be liable for any modification, suspension or discontinuance of the Sites or any part thereof.
19. Applicable Law and Venue
These Terms and your use of the Sites shall be governed by and construed in accordance with the laws of the State of Washington, 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 King County, Washington 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.
Vittana reserves the right, without notice and in its sole discretion, to terminate your license to use the Sites and to block or prevent your future access to, and use of, the Sites at any time.
If any provision of these Terms shall be deemed unlawful, void or for any reason unenforceable, then that provision shall be deemed severable from these Terms and shall not affect the validity and enforceability of any remaining provisions.
22. Questions & Contact Information
Questions or comments about the Sites or these Terms may be directed to Vittana by contacting us directly at community.vittana.org or calling us at 206-395-4332.