. . . because climbing, cooking & crossfit isn't enough

Legal

licensing & permissions
recently, we’ve learned a lot about paper crafting, artist licensing, and graphic design rights. so we thought we’d publish a disclaimer of permissions that we have. we’ve either purchased the images (and the rights to use) directly, made arrangements directly with the artist, or we’re following licensor charitable policies. we’ve done our best to make sure that credit, licensing, and permission rules are followed, but we may unwittingly err. we actively research and contact any artist whose work we’ve used, so if you feel we’ve used your work inappropriately, please contact us so we can rectify the situation immediately. again, we do not profit in any way and proceeds earned beyond material cost goes directly to our beneficiaries.

disclaimer
notices, disclaimers, and other legalese stuff you should know about

this website is a personal artistic expression, no harm is or ever was intended towards any person or entity, living or non-living.

notice : content on this website may be extremely personal, may contain explicit information and may not necessarily be intended for children. if you are under 18 years of age and do not have the permission of your legal guardian to peruse this website, please return to the main page immediately . we cannot be held responsible for any harm that comes to anyone who peruses information on this public domain. you are held responsible for yourself if you choose to peruse content on this public domain.

notice about public posting/blogging : any content posted in forums, guestbooks, or other interactive messaging boards on this domain has been done so by individuals independant of Shala Foundation & Tery. Shala Foundation & Tery, her representatives, nor the administrators of tery.com do not necessarily share the opinions expressed in these forums nor advocate any wrong-doing at any time. at no time has or will Shala Foundation & Tery, her representatives, nor the administrators of tery.com solicit messages, opinions, or ideas advocating wrong-doing. we, (Shala Foundation & Tery, her representatives, nor the administrators of tery.com collectively), will make every effort possible to ensure the safety and privacy of others without violating the rights of others to express themselves – we cannot be held responsible for content posted by independant, individual contributors to this website when notated so.



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terms of service

i take my terms of service seriously. please read this statement to learn more about the use of this website means and how it can impact you.

1. acceptance of terms

www.tery.com (“Shala Foundation & Tery”) welcomes you. Shala Foundation & Tery provides its service to you subject to the following terms of service (”tos”), which may be updated by us from time to time without notice to you. you can review the most current version of the tos at any time on this website. in addition, when using particular Shala Foundation & Tery owned or operated services, you and Shala Foundation & Tery shall be subject to any posted guidelines or rules applicable to such services, which may be posted from time to time. all such guidelines or rules (including but not limited to our spam policy) are hereby incorporated by reference into the tos. Shala Foundation & Tery may also offer other services that are governed by different terms of service. for instance, different terms apply to subscribers of tery.com, missionsimpletech.com, yogachix.com, or any other domain/online communities within the control of Shala Foundation & Tery.

2. description of service

Shala Foundation & Tery provides users with access to a rich collection of resources, including various communications tools, forums, personalized content and branded programming through its network of properties which may be accessed through any various medium or device now known or hereafter developed (the “service”). you also understand and agree that the service may include advertisements and that these advertisements are necessary for Shala Foundation & Tery to provide the service. you also understand and agree that the service may include certain communications from Shala Foundation & Tery , such as service announcements, administrative messages and the Shala Foundation & Tery newsletter, and that these communications are considered part of Shala Foundation & Tery membership and you can opt out of receiving them at any time by deleting your membership account. unless explicitly stated otherwise, any new features that augment or enhance the current service, including the release of new Shala Foundation & Tery properties, shall be subject to the tos. you understand and agree that the service is provided “as-is” and that Shala Foundation & Tery assumes no responsibility for the timeliness, deletion, mis-delivery or failure to store any user communications or personalization settings. you are responsible for obtaining access to the service, and that access may involve third-party fees (such as internet service provider or airtime charges). you are responsible for those fees, including those fees associated with the display or delivery of advertisements. in addition, you must provide and are responsible for all equipment necessary to access the service.

please be aware that Shala Foundation & Tery has created certain areas on the service that may contain adult or mature content. you must be at least 18 years of age to access and view such areas.

3. your registration obligations

in consideration of your use of the service, you represent that you are of legal age to form a binding contract and are not a person barred from receiving services under the laws of the united states or other applicable jurisdiction. you also agree to: (a) provide true, accurate, current and complete information about yourself as prompted by the service’s registration form (the “registration data”) and (b) maintain and promptly update the registration data to keep it true, accurate, current and complete. if you provide any information that is untrue, inaccurate, not current or incomplete, or Shala Foundation & Tery has reasonable grounds to suspect that such information is untrue, inaccurate, not current or incomplete, Shala Foundation & Tery has the right to suspend or terminate your account and refuse any and all current or future use of the service (or any portion thereof). Shala Foundation & Tery is concerned about the safety and privacy of all its users, particularly children. for this reason, parents of children under the age of 13 who wish to allow their children access to the service must create a Shala Foundation & Tery family account. when you create a Shala Foundation & Tery family account and add your child to the account, you certify that you are at least 18 years old and that you are the legal guardian of the child/children listed on the Shala Foundation & Tery family account. by adding a child to your Shala Foundation & Tery family account, you also give your child permission to access many areas of the service, including, email, message boards and instant messaging (among others). please remember that the service is designed to appeal to a broad audience. accordingly, as the legal guardian, it is your responsibility to determine whether any of the service areas and/or content (as defined in section 6 below) are appropriate for your child.

4. tery.com privacy policy

registration data and certain other information about you is subject to our privacy policy. for more information, see our full privacy policy. you understand that through your use of the service you consent to the collection and use (as set forth in the privacy policy) of this information, including the transfer of this information to the united states and/or other countries for storage, processing and use by Shala Foundation & Tery and its affiliates.

5. member account, password and security

you will receive a password and account designation upon completing the service’s registration process. you are responsible for maintaining the confidentiality of the password and account and are fully responsible for all activities that occur under your password or account. you agree to (a) immediately notify Shala Foundation & Tery of any unauthorized use of your password or account or any other breach of security, and (b) ensure that you exit from your account at the end of each session. Shala Foundation & Tery cannot and will not be liable for any loss or damage arising from your failure to comply with this section 5.

6. member conduct

you understand that all information, data, text, software, music, sound, photographs, graphics, video, messages, tags, or other materials (”content”), whether publicly posted or privately transmitted, are the sole responsibility of the person from whom such content originated. this means that you, and not Shala Foundation & Tery , are entirely responsible for all content that you upload, post, email, transmit or otherwise make available via the service. Shala Foundation & Tery does not control the content posted via the service and, as such, does not guarantee the accuracy, integrity or quality of such content. you understand that by using the service, you may be exposed to content that is offensive, indecent or objectionable. under no circumstances will Shala Foundation & Tery be liable in any way for any content, including, but not limited to, any errors or omissions in any content, or any loss or damage of any kind incurred as a result of the use of any content posted, emailed, transmitted or otherwise made available via the service.

you agree to not use the service to:

  • upload, post, email, transmit or otherwise make available any content that is unlawful, harmful, threatening, abusive, harassing, tortuous, defamatory, vulgar, obscene, libelous, invasive of another’s privacy, hateful, or racially, ethnically or otherwise objectionable;

  • harm minors in any way;

  • impersonate any person or entity, including, but not limited to, a tery.com official, forum leader, guide or host, or falsely state or otherwise misrepresent your affiliation with a person or entity;

  • forge headers or otherwise manipulate identifiers in order to disguise the origin of any content transmitted through the service;

  • upload, post, email, transmit or otherwise make available any content that you do not have a right to make available under any law or under contractual or fiduciary relationships (such as inside information, proprietary and confidential information learned or disclosed as part of employment relationships or under nondisclosure agreements);

  • upload, post, email, transmit or otherwise make available any content that infringes any patent, trademark, trade secret, copyright or other proprietary rights (”rights”) of any party;

  • upload, post, email, transmit or otherwise make available any unsolicited or unauthorized advertising, promotional materials, “junk mail,” “spam,” “chain letters,” “pyramid schemes,” or any other form of solicitation, except in those areas (such as shopping) that are designated for such purpose (please read our complete spam policy);

  • upload, post, email, transmit or otherwise make available any material that contains software viruses or any other computer code, files or programs designed to interrupt, destroy or limit the functionality of any computer software or hardware or telecommunications equipment;

  • disrupt the normal flow of dialogue, cause a screen to “scroll” faster than other users of the service are able to type, or otherwise act in a manner that negatively affects other users’ ability to engage in real time exchanges;

  • interfere with or disrupt the service or servers or networks connected to the service, or disobey any requirements, procedures, policies or regulations of networks connected to the service;

  • intentionally or unintentionally violate any applicable local, state, national or international law, including, but not limited to, regulations promulgated by the u.s. securities and exchange commission, any rules of any national or other securities exchange, including, without limitation, the new york stock exchange, the american stock exchange or the nasdaq, and any regulations having the force of law;

  • provide material support or resources (or to conceal or disguise the nature, location, source, or ownership of material support or resources) to any organization(s) designated by the united states government as a foreign terrorist organization pursuant to section 219 of the immigration and nationality act;

  • “stalk” or otherwise harass another; and/or

  • collect or store personal data about other users in connection with the prohibited conduct and activities set forth in the paragraphs above.

you acknowledge that Shala Foundation & Tery may or may not pre-screen content, but that Shala Foundation & Tery and its designees shall have the right (but not the obligation) in their sole discretion to pre-screen, refuse, or move any content that is available via the service. without limiting the foregoing, Shala Foundation & Tery and its designees shall have the right to remove any content that violates the tos or is otherwise objectionable. you agree that you must evaluate, and bear all risks associated with, the use of any content, including any reliance on the accuracy, completeness, or usefulness of such content. in this regard, you acknowledge that you may not rely on any content created by Shala Foundation & Tery or submitted to Shala Foundation & Tery , including without limitation information in Shala Foundation & Tery message boards and in all other parts of the service.

you acknowledge, consent and agree that Shala Foundation & Tery may access, preserve and disclose your account information and content if required to do so by law or in a good faith belief that such access preservation or disclosure is reasonably necessary to: (a) comply with legal process; (b) enforce the tos; (c) respond to claims that any content violates the rights of third parties; (d) respond to your requests for customer service; or (e) protect the rights, property or personal safety of Shala Foundation & Tery , its users and the public.

you understand that the technical processing and transmission of the service, including your content, may involve (a) transmissions over various networks; and (b) changes to conform and adapt to technical requirements of connecting networks or devices.

you understand that the service and software embodied within the service may include security components that permit digital materials to be protected, and that use of these materials is subject to usage rules set by Shala Foundation & Tery and/or content providers who provide content to the service. you may not attempt to override or circumvent any of the usage rules embedded into the service. any unauthorized reproduction, publication, further distribution or public exhibition of the materials provided on the service, in whole or in part, is strictly prohibited.

7. interstate nature of communications on tery.com, et al

when you register with Shala Foundation & Tery , you acknowledge that in using Shala Foundation & Tery services to send electronic communications (including but not limited to email, search queries, sending messages to Shala Foundation & Tery chat or Shala Foundation & Tery groups, uploading photos and files to Shala Foundation & Tery photos or briefcase, and other internet activities), you will be causing communications to be sent through Shala Foundation & Tery ’s computer networks, portions of which are located in illinois, georgia, and florida, in that order, texas, virginia, and other locations in the united states and portions of which are located abroad. as a result, and also as a result of Shala Foundation & Tery €™s network architecture and business practices and the nature of electronic communications, even communications that seem to be intrastate in nature can result in the transmission of interstate communications regardless of where you are physically located at the time of transmission. accordingly, by agreeing to this terms of service, you acknowledge that use of the service results in interstate data transmissions.

8. special admonitions for international use

recognizing the global nature of the internet, you agree to comply with all local rules regarding online conduct and acceptable content. specifically, you agree to comply with all applicable laws regarding the transmission of technical data exported from the united states or the country in which you reside.

9. content submitted or made available for inclusion on the service

Shala Foundation & Tery does not claim ownership of content you submit or make available for inclusion on the service. however, with respect to content you submit or make available for inclusion on publicly accessible areas of the service, you grant Shala Foundation & Tery the following worldwide, royalty-free and non-exclusive license(s), as applicable:

with respect to content you submit or make available for inclusion on publicly accessible areas of Shala Foundation & Tery groups, the license to use, distribute, reproduce, modify, adapt, publicly perform and publicly display such content on the service solely for the purposes of providing and promoting the specific Shala Foundation & Tery group to which such content was submitted or made available. this license exists only for as long as you elect to continue to include such content on the service and will terminate at the time you remove or Shala Foundation & Tery removes such content from the service.

with respect to photos, graphics, audio or video you submit or make available for inclusion on publicly accessible areas of the service other than Shala Foundation & Tery groups, the license to use, distribute, reproduce, modify, adapt, publicly perform and publicly display such content on the service solely for the purpose for which such content was submitted or made available. this license exists only for as long as you elect to continue to include such content on the service and will terminate at the time you remove or Shala Foundation & Tery removes such content from the service.

with respect to content other than photos, graphics, audio or video you submit or make available for inclusion on publicly accessible areas of the service other than Shala Foundation & Tery groups, the perpetual, irrevocable and fully sublicensable license to use, distribute, reproduce, modify, adapt, publish, translate, publicly perform and publicly display such content (in whole or in part) and to incorporate such content into other works in any format or medium now known or later developed.

“publicly accessible” areas of the service are those areas of the Shala Foundation & Tery network of properties that are intended by Shala Foundation & Tery to be available to the general public. by way of example, publicly accessible areas of the service would include Shala Foundation & Tery message boards and portions of Shala Foundation & Tery groups, photos and briefcase that are open to both members and visitors. however, publicly accessible areas of the service would not include portions of Shala Foundation & Tery groups that are limited to members, Shala Foundation & Tery services intended for private communication such as Shala Foundation & Tery mail or Shala Foundation & Tery messenger, or areas off of the Shala Foundation & Tery network of properties such as portions of world wide web sites that are accessible via hypertext or other links but are not hosted or served by Shala Foundation & Tery .

10. indemnity

you agree to indemnify and hold Shala Foundation & Tery and its subsidiaries, affiliates, officers, agents, employees, partners and licensors harmless from any claim or demand, including reasonable attorneys’ fees, made by any third party due to or arising out of content you submit, post, transmit or otherwise make available through the service, your use of the service, your connection to the service, your violation of the tos, or your violation of any rights of another.

11. no resale of service

you agree not to reproduce, duplicate, copy, sell, trade, resell or exploit for any commercial purposes, any portion of the service (including your username id), use of the service, or access to the service.

12. general practices regarding use and storage

you acknowledge that Shala Foundation & Tery may establish general practices and limits concerning use of the service, including without limitation the maximum number of days that email messages, message board postings or other uploaded content will be retained by the service, the maximum number of email messages that may be sent from or received by an account on the service, the maximum size of any email message that may be sent from or received by an account on the service, the maximum disk space that will be allotted on Shala Foundation & Tery ’s servers on your behalf, and the maximum number of times (and the maximum duration for which) you may access the service in a given period of time. you agree that Shala Foundation & Tery has no responsibility or liability for the deletion or failure to store any messages and other communications or other content maintained or transmitted by the service. you acknowledge that Shala Foundation & Tery reserves the right to log off accounts that are inactive for an extended period of time. you further acknowledge that Shala Foundation & Tery reserves the right to modify these general practices and limits from time to time.

13. modifications to service

Shala Foundation & Tery reserves the right at any time and from time to time to modify or discontinue, temporarily or permanently, the service (or any part thereof) with or without notice. you agree that Shala Foundation & Tery shall not be liable to you or to any third party for any modification, suspension or discontinuance of the service.

14. termination

you agree that Shala Foundation & Tery may, under certain circumstances and without prior notice, immediately terminate your Shala Foundation & Tery account, any associated email address, and access to the service. cause for such termination shall include, but not be limited to, (a) breaches or violations of the tos or other incorporated agreements or guidelines, (b) requests by law enforcement or other government agencies, (c) a request by you (self-initiated account deletions), (d) discontinuance or material modification to the service (or any part thereof), (e) unexpected technical or security issues or problems, (f) extended periods of inactivity, (g) engagement by you in fraudulent or illegal activities, and/or (h) nonpayment of any fees owed by you in connection with the services. termination of your Shala Foundation & Tery account includes (a) removal of access to all offerings within the service, including but not limited to Shala Foundation & Tery mail, groups, messenger, chat, domains, personals, auctions, message boards, greetings, alerts and games, (b) deletion of your password and all related information, files and content associated with or inside your account (or any part thereof), and (c) barring of further use of the service. further, you agree that all terminations for cause shall be made in Shala Foundation & Tery ’s sole discretion and that Shala Foundation & Tery shall not be liable to you or any third party for any termination of your account, any associated email address, or access to the service.

15. dealings with advertisers

your correspondence or business dealings with, or participation in promotions of, advertisers found on or through the service, including payment and delivery of related goods or services, and any other terms, conditions, warranties or representations associated with such dealings, are solely between you and such advertiser. you agree that Shala Foundation & Tery shall not be responsible or liable for any loss or damage of any sort incurred as the result of any such dealings or as the result of the presence of such advertisers on the service.

16. links

the service may provide, or third parties may provide, links to other world wide web sites or resources. because Shala Foundation & Tery has no control over such sites and resources, you acknowledge and agree that Shala Foundation & Tery is not responsible for the availability of such external sites or resources, and does not endorse and is not responsible or liable for any content, advertising, products or other materials on or available from such sites or resources. you further acknowledge and agree that Shala Foundation & Tery shall not be responsible or liable, directly or indirectly, for any damage or loss caused or alleged to be caused by or in connection with use of or reliance on any such content, goods or services available on or through any such site or resource.

17. proprietary rights

you acknowledge and agree that the service and any necessary software used in connection with the service (”software”) contain proprietary and confidential information that is protected by applicable intellectual property and other laws. you further acknowledge and agree that content contained in sponsor advertisements or information presented to you through the service or by advertisers is protected by copyrights, trademarks, service marks, patents or other proprietary rights and laws. except as expressly authorized by Shala Foundation & Tery, you agree not to modify, rent, lease, loan, sell, distribute or create derivative works based on the service or the software, in whole or in part.

Shala Foundation & Tery may grant you a personal, non-transferable and non-exclusive right and license to use the object code of its software on a single computer; provided that you do not (and do not allow any third party to) copy, modify, create a derivative work from, reverse engineer, reverse assemble or otherwise attempt to discover any source code, sell, assign, sublicense, grant a security interest in or otherwise transfer any right in the software without the expressed written consent of Shala Foundation & Tery. you agree not to modify the software in any manner or form, nor to use modified versions of the software, including (without limitation) for the purpose of obtaining unauthorized access to the service. you agree not to access the service by any means other than through the interface that is provided by Shala Foundation & Tery for use in accessing the service.

18. disclaimer of warranties

you expressly understand and agree that:

your use of the service is at your sole risk. the service is provided on an “as is” and “as available” basis. Shala Foundation & Tery and her subsidiaries, affiliates, officers, employees, agents, partners and licensors expressly disclaim all warranties of any kind, whether express or implied, including, but not limited to the implied warranties of merchantability, fitness for a particular purpose and non-infringement.

Shala Foundation & Tery and her subsidiaries, affiliates, officers, employees, agents, partners and licensors make no warranty that (i) the service will meet your requirements; (ii) the service will be uninterrupted, timely, secure or error-free; (iii) the results that may be obtained from the use of the service will be accurate or reliable; (iv) the quality of any products, services, information or other material purchased or obtained by you through the service will meet your expectations; and (v) any errors in the software will be corrected.

any material downloaded or otherwise obtained through the use of the service is accessed at your own discretion and risk, and you will be solely responsible for any damage to your computer system or loss of data that results from the download of any such material.

no advice or information, whether oral or written, obtained by you from Shala Foundation & Tery or through or from the service shall create any warranty not expressly stated in the tos.

a small percentage of users may experience epileptic seizures when exposed to certain light patterns or backgrounds on a computer screen or while using the service. certain conditions may induce previously undetected epileptic symptoms even in users who have no history of prior seizures or epilepsy. if you, or anyone in your family, have an epileptic condition, consult your physician prior to using the service. immediately discontinue use of the service and consult your physician if you experience any of the following symptoms while using the service: dizziness, altered vision, eye or muscle twitches, loss of awareness, disorientation, any involuntary movement, or convulsions.

19. limitation of liability

you expressly understand and agree that Shala Foundation & Tery and her subsidiaries, affiliates, officers, employees, agents, partners and licensors shall not be liable to you for any direct, indirect, incidental, special, consequential or exemplary damages, including, but not limited to, damages for loss of profits, goodwill, use, data or other intangible losses (even if Shala Foundation & Tery has been advised of the possibility of such damages), resulting from: (i) the use or the inability to use the service; (ii) the cost of procurement of substitute goods and services resulting from any goods, data, information or services purchased or obtained or messages received or transactions entered into through or from the service; (iii) unauthorized access to or alteration of your transmissions or data; (iv) statements or conduct of any third party on the service; or (v) any other matter relating to the service.

20. exclusions and limitations

some jurisdictions do not allow the exclusion of certain warranties or the limitation or exclusion of liability for incidental or consequential damages. accordingly, some of the above limitations of sections 17 and 18 may not apply to you.

21. special admonition for services relating to financial matters

if you intend to create or join any service, receive or request any news, messages, alerts or other information from the service concerning companies, stock quotes, investments or securities, please read the above sections 18 and 19 again. they go doubly for you. in addition, for this type of information particularly, the phrase “let the investor beware” is apt. the service is provided for informational purposes only, and no content included in the service is intended for trading or investing purposes. Shala Foundation & Tery and its licensors shall not be responsible or liable for the accuracy, usefulness or availability of any information transmitted or made available via the service, and shall not be responsible or liable for any trading or investment decisions based on such information.

22. no third-party beneficiaries

you agree that, except as otherwise expressly provided in this tos, there shall be no third-party beneficiaries to this agreement.

23. notice

Shala Foundation & Tery may provide you with notices, including those regarding changes to the tos, by email, regular mail or postings on the service.

24. trademark information

Shala Foundation & Tery , Shala Foundation & Tery logo, Shala Foundation & Tery (in any language characters), yogachix.com, missionsimpletech.com, praetora.com, and terywong.com trademarks and service marks and other Shala Foundation & Tery logos and product and service names are trademarks of Shala Foundation & Tery (the “tery marks”). without Shala Foundation & Tery ’s prior permission, you agree not to display or use in any manner the Shala Foundation & Tery marks.

25. notice and procedure for making claims of copyright or intellectual property infringement

Shala Foundation & Tery respects the intellectual property of others, and we ask our users to do the same. Shala Foundation & Tery may, in appropriate circumstances and at its discretion, disable and/or terminate the accounts of users who may be repeat infringers. if you believe that your work has been copied in a way that constitutes copyright infringement, or your intellectual property rights have been otherwise violated, please provide Shala Foundation & Tery ’s copyright agent the following information:

an electronic or physical signature of the person authorized to act on behalf of the owner of the copyright or other intellectual property interest;

a description of the copyrighted work or other intellectual property that you claim has been infringed;

a description of where the material that you claim is infringing is located on the site;

your address, telephone number, and email address;

a statement by you that you have a good faith belief that the disputed use is not authorized by the copyright owner, its agent, or the law;

a statement by you, made under penalty of perjury, that the above information in your notice is accurate and that you are the copyright or intellectual property owner or authorized to act on the copyright or intellectual property owner’s behalf.

Shala Foundation & Tery ’s agent for notice of claims of copyright or other intellectual property infringement can be reached as follows:

name: eliot lupkin pa esq.

address: 1975 e sunrise blvd, fort lauderdale, fl 33304

tel: (561) 296-8100

fax: (954) 522-2718

e-mail: click here

26. general information

entire agreement. the tos constitutes the entire agreement between you and Shala Foundation & Tery and governs your use of the service, superseding any prior agreements between you and Shala Foundation & Tery with respect to the service. you also may be subject to additional terms and conditions that may apply when you use or purchase certain other Shala Foundation & Tery services, affiliate services, third-party content or third-party software.

choice of law and forum. the tos and the relationship between you and Shala Foundation & Tery shall be governed by the laws of the state of illinois, georgia, and florida, in that order without regard to its conflict of law provisions. you and Shala Foundation & Tery agree to submit to the personal and exclusive jurisdiction of the courts located within the county of chicago, il and atlanta, ga.

waiver and severability of terms. the failure of Shala Foundation & Tery to exercise or enforce any right or provision of the tos shall not constitute a waiver of such right or provision. if any provision of the tos is found by a court of competent jurisdiction to be invalid, the parties nevertheless agree that the court should endeavor to give effect to the parties’ intentions as reflected in the provision, and the other provisions of the tos remain in full force and effect.

no right of survivorship and non-transferability. you agree that your Shala Foundation & Tery account is non-transferable and any rights to your Shala Foundation & Tery id or contents within your account terminate upon your death. upon receipt of a copy of a death certificate, your account may be terminated and all contents therein permanently deleted.

statute of limitations. you agree that regardless of any statute or law to the contrary, any claim or cause of action arising out of or related to use of the service or the tos must be filed within one (1) year after such claim or cause of action arose or be forever barred.

the section titles in the tos are for convenience only and have no legal or contractual effect.

27. violations

please report any violations of the tos to Shala Foundation & Tery immediately.


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privacy statement

information about your privacy rights and other legal information

Shala Foundation & Tery and her affiliates created this privacy statement in order to demonstrate a firm commitment to privacy. the following statements disclose information gathering and dissemination practices for websites controlled by tery.com.

we might use your ip address to help diagnose problems with our server, and to administer our web site. your ip address is used to gather broad demographic information purely for site development. at no time will this information information be explicitly shared, distributed, sold, or disclosed without prior written consent.

sites controlled by tery.com link to other sites. tery.com is not responsible for the privacy practices or the content of such web sites. if you have difficulty with any of these other sites, please contact their respective webmaster.

online surveys, contests, and guestbooks might ask visitors for contact information (like an email address) and/or demographic information (like general location or age range). visitor contact information is used to contact the visitor only when necessary. users may opt-out of receiving future mailings; see the choice/opt-out section below. demographic and profile data is also collected at our site. we may use this data to tailor our visitor´s experience at our site, showing them content that we think they might be interested in, and displaying the content according to their preferences. at no time is this information explicitly shared, distributed, sold, or disclosed without prior written consent. we uphold a firm policy to not share, distribute or endorse thrid party distribution of information collected at this site. we also uphold, and enforce when necessary, all common netiquette practices (e.g., no spamming, no flooding, no flaming, etc….)

public forums

sites controlled by tery.com use and make chat rooms, forums, and/or message boards available to its users. please remember that any information that is disclosed in these areas becomes public information and you should exercise caution when deciding to disclose your personal information. at no time is this information explicitly shared, distributed, sold, or disclosed without prior written consent. all forums hosted or endorsed by tery.com„¢ are moderated periodically for administrative purposes.

security

sites controlled by tery.com have security measures in place to protect the loss, misuse and alteration of the information under our control. through administrative functions, any offensive, sensitive, or inappropriate information or content may be removed.

children’s guidelines

sites controlled by tery.com do not give children the ability to publicly post or distribute personally identifiable contact information without prior parental consent. the truste children’s guidelines are met by sites controlled by tery.com. for more information, please visit http://www.truste.orgchoice/opt-out

sites controlled by tery.com provide users the opportunity to opt-out of receiving communications from us at the point where we request information about the visitor. they also give users the following options for removing their information from our database to not receive future communications or to no longer receive our service. you can simply send email to email@tery.com

change/modify

sites controlled by tery.com give users the following options for changing and modifying information previously provided at: email@tery.com or the commentary form provided at: click here.

contacting the web site

if you have any questions about this privacy statement, the practices of sites controlled by tery.com, or your dealings with any of these web sites, you can contact:


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website copyright

this website and all content including original graphical objects, programming, multimedia, or scripts controlled or maintained by Shala Foundation & Tery are protected under u.s. copyright law and all international copyright laws therein. any distribution, sale, marketing, reproduction, or representation is strictly prohibited without the expressed written consent of Shala Foundation & Tery. if you are interested in marketing, licensing, reproducing, representing, purchasing, linking, or obtaining anything within this site, please contact Shala Foundation & Tery by clicking here for further information.unless specified otherwise, all original content contained within websites controlled or maintained by Shala Foundation & Tery and its satellite/mirror sites is considered intellectual property and is the sole and exclusive property of Shala Foundation & Tery© 1996-2006. at no time will this site intentionally exploit, abuse, or violate others´ copyright or intellectual property rights. if any content contained within this site explicitly or implicitly do not belong to me or have not been properly licensed to me, please notify me immediately to arrange appropriate use, license, or removal. to obtain information for commercial use, sales, linking, marketing or distribution, please email: Shala Foundation & Tery at: this email page. please feel free to email me regarding any of these issues; i am very flexible with personal uses as long as appropriate permission and credit is given.

the logos of tery.com, yogachix.com, shalayoga.com, terywong.com, and other domains registered by Shala Foundation & Tery are exclusive copyrights and trademarks of Shala Foundation & Tery©1996-2006. all rights reserved. these websites are designed, developed, controlled and operated by Shala Foundation & Tery© denote trademarks owned by Shala Foundation & Tery and any subsidiaries or licensees.

by accessing any websites controlled, maintained, or managed by Shala Foundation & Tery you agree that your use of these websites are at your sole risk. Shala Foundation & Tery and all affiliates, agents, and licensors cannot and do not warrant the accuracy, completeness, currentness, noninfringement, merchantability, or fitness for a particular purpose of the information available through this website, nor do they guarantee that this website will be error-free or continuously available.

neither Shala Foundation & Tery nor any affiliates, agents, and licensors shall be liable to you or anyone else for any claim, loss, or injury arising out of the use of this website, caused in whole or in part by their negligence or by matters beyond their control.

neither Shala Foundation & Tery, nor any affiliates, agents, and licensors shall be liable to you or anyone else for any damages. this provision excludes, without limitation, any liability for consequential, special, incidental, indirect, or similar damages; even if advised beforehand of the possibility of such damages. you agree that the liability of Shala Foundation & Tery, and all its affiliates, agents, licensees, and licensors, if any, arising out of any kind of legal claim in any way connected to this website shall not exceed the amount you paid to use or view this website.


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section 230 of the communications decency act

legislation indicating that internet sites cannot legally be held liable for content posted by users of the website

section 230 of the communications decency act of 1996 (a common name for title v of the telecommunications act of 1996) is a landmark piece of internet legislation in the united states. this active provision within this section, 230(c)(1), added valuable protection for online service providers and users from action against them for the actions of others, stating in part that:

no provider or user of an interactive computer service shall be treated as the publisher or speaker of any information provided by another information content provider.

section 230 of the communications decency act was not part of the original senate legislation, but was added in conference with the house, where it had been separately introduced by representatives chris cox (r-ca) and ron wyden (d-or) as the internet freedom and family empowerment act and passed by a near-unanimous vote on the floor. unlike the more controversial anti-indecency provisions which were later ruled unconstitutional, this portion of the act remains in force, and enhances free speech by making it unnecessary for isps and other service providers to unduly restrict customers’ actions for fear of being found legally liable for customers’ conduct. the act was passed in part in reaction to the 1995 decision in stratton oakmont, inc. v. prodigy services co., which suggested that service providers who assumed an editorial role with regard to customer content, thus became publishers, and legally responsible for libel and other torts committed by customers.

section 230 is controversial because several courts have interpreted it as providing complete immunity for isps with regard to the torts committed by their users over their systems. see, e.g., zeran v. aol, 129 f.3d 327, 330 (4th cir. 1997), cert. denied, 524 u.s. 937 (1998), which held that section 230 §creates a federal immunity to any cause of action that would make service providers liable for information originating with a third-party user of the service.€

courts across the country have upheld section 230 immunity in a variety of factual contexts. batzel v. smith, 333 f.3d 1018 (9th cir. 2003) (website operator immune for distributing email sent to listserv); carafano v. metrosplash.com, 339 f.3d 1119 (9th cir. 2003) (internet dating service provider was entitled to section 230 immunity from liability stemming from third party’s submission of false profile); ben ezra, weinstein & co. v. america online, 206 f.3d 980, 984-985 (10th cir. 2000), cert. denied, 531 u.s. 824 (2000) (no liability for posting of incorrect stock information); blumenthal v. drudge, 992 f. supp. 44, 49-53 (d.d.c. 1998) (aol has section 230 immunity from liability for the content of an independent contractor’s news reports, despite agreement with the contractor allowing aol to modify or remove such content); gentry v. ebay, inc., 99 cal.app.4th 816, 830 (2002) (section 230 §immunizes providers of interactive computer services … and their users from causes of action asserted by persons alleging harm caused by content provided by a third party.€); kathleen r. v. city of livermore, 87 cal.app.4th 684, 692 (2001) (city immune under § 230 from liability for public library’s providing computers allowing access to pornography); doe v. america online, 783 so.2d 1010, 1013-1017 (fl. 2001), cert. denied, 122 s.ct. 208 (2000) (§ 230 immunizes aol for negligence).

immunity under section 230 requires that: (1) the defendant is a provider or user of an interactive computer service; (2) the cause of action treat the defendant as a publisher or speaker of information; and (3) the information at issue be provided by another information content provider.

this rule effectively protects online forums but has been criticised for leaving victims with no hope of relief where the true tortfeasors cannot be identified or are judgment-proof.

section 230’s coverage is not complete: it excepts federal criminal liability and intellectual property law. 47 u.s.c. §§ 230(e)(1) (criminal) and (e)(2) (intellectual property); see also gucci america, inc. v. hall & associates, 135 f. supp. 2d 409 (s.d.n.y. 2001) (no immunity for contributory liability for trademark infringement); perfect 10, inc. v ccbill llc (no. cv 02-7624 lgb) (c.d. cal. june 22, 2004) (state right of publicity claim is not covered by section 230); cf. carfano, 339 f.3d 1119 (dismissing, inter alia, right of publicity claim under section 230 without discussion).

cases relying on the cda include:

wiki reference (http://en.wikipedia.org/wiki/section_230_of_the_communications_decency)

government document (http://www.fcc.gov/reports/tcom1996.txt)


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