Terms and Conditions ("Terms")

Last updated: April 11, 2019

Please read these Terms and Conditions ("Terms", "Terms and Conditions") carefully before using the https://nlightenup.net website (the "Service") operated by Nlighten Up ("us", "we", or "our").

Your access to and use of the Service is conditioned on your acceptance of and compliance with these Terms. These Terms apply to all visitors, users and others who access or use the Service.

By accessing or using the Service you agree to be bound by these Terms. If you disagree with any part of the terms then you may not access the Service. The Terms and Conditions agreement for Nlighten Up has been created with the help of TermsFeed Terms and Conditions Generator.

Accounts

When you create an account with us, you must provide us information that is accurate, complete, and current at all times. Failure to do so constitutes a breach of the Terms, which may result in immediate termination of your account on our Service.

You are responsible for safeguarding the password that you use to access the Service and for any activities or actions under your password, whether your password is with our Service or a third-party service.

You agree not to disclose your password to any third party. You must notify us immediately upon becoming aware of any breach of security or unauthorized use of your account.

Links To Other Web Sites

Our Service may contain links to third-party web sites or services that are not owned or controlled by Nlighten Up.

Nlighten Up has no control over, and assumes no responsibility for, the content, privacy policies, or practices of any third party web sites or services. You further acknowledge and agree that Nlighten Up 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 web sites or services.

We strongly advise you to read the terms and conditions and privacy policies of any third-party web sites or services that you visit.

Governing Law

These Terms shall be governed and construed in accordance with the laws of New York, United States, without regard to its conflict of law provisions.

Our failure to enforce any right or provision of these Terms will not be considered a waiver of those rights. If any provision of these Terms is held to be invalid or unenforceable by a court, the remaining provisions of these Terms will remain in effect. These Terms constitute the entire agreement between us regarding our Service, and supersede and replace any prior agreements we might have between us regarding the Service.

Changes

We reserve the right, at our sole discretion, to modify or replace these Terms at any time. If a revision is material we will try to provide at least 15 days notice prior to any new terms taking effect. What constitutes a material change will be determined at our sole discretion.

By continuing to access or use our Service after those revisions become effective, you agree to be bound by the revised terms. If you do not agree to the new terms, please stop using the Service.

 

CONFIDENTIALITY AGREEMENT

THIS CONFIDENTIALIY AGREEMENT is effective as of April 1, 2019 between NlightenUp website user and and Nithyananda University (“NU”), having its principle offices at Montclair, CA (USA) (the “Discloser”).

WHEREAS Discloser owns, possesses or controls certain trade secrets, and proprietary and confidential information acquired through the expenditure of time, effort and money, of a technical and business nature, including but not limited to legal, personnel, accounting and financial information, presentations, summaries, court orders/judgements, strategy documents, donor information, payment information, student information, program participant/devotee information, content, copyright illustrations, concepts, designs, photography, course content, techniques, methodology, discussions, drafts, strategic planning, policies, procedures, databases, software code information about Discloser's spiritual leader, Founder, directors, trustees, officers, information about Discloser’s organisation, vendors, volunteers and affiliates (collectively and individually described as the “Information”); and WHEREAS Recipient desires to receive, and Discloser is willing to supply, the Information on the terms and conditions set out herein, solely for the purposes of the providing immigration legal advice (the “Purpose”); NOW THEREFORE THIS CONFIDENTIALIY AGREEMENT WITNESSES that in consideration of the premises and the covenants and agreements herein contained the parties hereto agree as follows:

1. Discloser shall at its discretion provide such of the Information to Recipient as is required for the Purpose, electronically, verbally or in writing. Nothing in this CONFIDENTIALITY AGREEMENT obligates Discloser to make any particular disclosure of Information.

2. All right, title and interest in and to the Information shall remain the exclusive property of Discloser and the Information shall be held in trust and confidence by Recipient for Discloser. No interest, license or any right respecting the Information, other than expressly set out herein, is granted to Recipient under this CONFIDENTIALITY AGREEMENT obligates by implication or otherwise. No Information will be stored by the Recipient unless specifically agreed upon by the Discloser in the manner and for the period set by the Disclosure. Copyright of all Information shall remain the exclusive property of Discloser, independent of any other commitments financial or otherwise.

3. Recipient shall use all reasonable efforts to protect Discloser’s interest in the Information and keep it confidential, using a standard of care no less than the degree of care that Recipient would be reasonably expected to employ for his own similar confidential information. In particular Recipient shall not directly or indirectly disclose, share, allow access to, transmit or transfer the Information to a third party without the Discloser’s prior written consent. Recipient shall disclose the Information only to those persons who have a need to know the Information for the Purpose and who have been approved, in writing, by the Discloser prior to receiving the Information. Recipient shall, prior to disclosing the

Information to such employees and consultants, issue appropriate instructions to them to satisfy its obligations herein and obtain their written agreement to receive and use the Information on a confidential basis on the same conditions as contained in this CONFIDENTIALITY AGREEMENT obligates. Further, Recipient shall require all personnel and subcontractors to sign a non-disclosure agreement in a form acceptable to the Discloser that shall bind the Recipient, its personnel and subcontractors.

4. The Information shall not be copied, reproduced in any form or stored in a retrieval system or data base by Recipient without the prior written consent of Discloser, except for such copies and storage as may reasonably required internally by Recipient for the Purpose. Discloser has complete rights and access over its content stored anywhere in the Recipient's network / storage facilities and shall have complete control to modify, delete the content solely at Discloser's will at all time irrespective of any other conditions or commitments.

RESTRICTIONS ON USE. Receipient will not use any of the Discloser Infomration in any manner or for any purpose whatsoever in violation of the terms of this CONFIDENTIALITY AGREEMENT. Recipient shall not sell, modify, copy, reproduce, distribute, transmit, publish, display, post, or prepare any derivative works of Disclosure Information, or any portion thereof other than uses agreed upon by Recpient and Discloser as per this CONFIDENTIALITY AGREEMENT. Recipient shall not disparage Discloser or Discloser Information, or use Discloser Information in any manner which disparages Discloser, or in any manner which in Discloser’s reasonable judgment may diminish or otherwise damage Discloser’s goodwill or reputation, including but not limited to in any manner which could be deemed unlawful, or which purpose is to encourage unlawful activities.

5. The obligations of the Recipient under paragraphs 3, 4 and 5 shall not apply to

Information:

(a) which at the time of disclosure is readily available to the trade or the public;

(b) which Recipient can establish, by documented and competent evidence, was in its possession prior to the date of disclosure of such Information by Discloser; or

(c) any Information which the Recipient is by law required to disclose.

6. This CONFIDENTIALITY AGREEMENT shall not constitute any representation, warranty or guarantee to Recipient by Discloser with respect to the Information infringing any rights of third parties. Discloser shall not be held liable for any errors or omissions in the Information or the use or the results of the use of the Information.

7. Recipient shall, upon request of Discloser, immediately return the Information and all copies thereof in any form whatsoever under the power or control of Recipient to Discloser, and delete the Information from all retrieval systems and databases or destroy same as directed by Discloser and confirm in writing to Discloser by an officer of Recipient of such deletion or destruction.

8. When requested by Discloser, Recipient will promptly provide a list containing the full name and address of any third party person or organization having access to or copies of the Information and the time and the reasons such access was granted.

9. Due to the valuable and proprietary nature of the Information to Discloser the obligations assumed by Recipient hereunder shall (a) be unlimited in time or territory or (b) if it is held by a court of competent jurisdiction that this provision is illegal, invalid or unenforceable, shall apply only within those territories within which Discloser then carries on business and only up to 10 years after disclosure of such Information. If any provision of this CONFIDENTIALITY AGREEMENT is held to be invalid or unenforceable in whole or in part, such invalidity or unenforceability shall attach only to such provision or part thereof and remaining part of such provision and all other provisions hereof shall continue in full force and effect.

10. The Recipient shall indemnify and save harmless the Discloser from all damages, losses, expenses and costs whatsoever resulting from the breach of this CONFIDENTIALITY AGREEMENT by the Recipient.

11. The Recipient hereby acknowledges that unauthorized disclosure or use of Information could cause irreparable harm and significant injury to Discloser that may be difficult to ascertain. Accordingly, Recipient agrees that Discloser will have the right to seek and obtain, without posting a bond, immediate injunctive relief to enforce obligations under this CONFIDENTIALITY AGREEMENT in addition to any other rights and remedies it may have. Discloser’s failure or delay in exercising any of its rights will not constitute a waiver of such rights unless expressly waived in writing.

COPYRIGHTS AND TRADEMARKS. All Discloser Content is the property of Discloser and protected by U.S. and international copyright laws. Discloser graphics, photos, logos, page headers, scripts, and service names contained within the Discloser Content are trademarks, registered trademarks, or trade dress of Discloser or its affilidates and may not be used in connection with any product or service that is not Discloser’s, in any manner that is likely to cause confusion, or in any manner that disparages or discredits Discloser.

12. This CONFIDENTIALITY AGREEMENT constitutes the entire CONFIDENTIALITY AGREEMENT between the parties hereto with respect to the subject matter hereof and cancels and supersedes any prior understandings and agreements between the parties hereto with respect thereto. There are no representations, warranties, terms, conditions, undertakings or collateral agreements, express, implied or statutory, between the parties other than as expressly set forth in this CONFIDENTIALITY AGREEMENT.

13. Neither party may assign, directly or indirectly, all or part of its rights or obligations under this CONFIDENTIALITY AGREEMENT without the prior written consent of the other party.

14. This CONFIDENTIALITY AGREEMENT shall ensure to the benefit of and be binding upon the respective heirs, executors, administrators, successors and permitted assigns of the parties hereto.

15. This CONFIDENTIALITY AGREEMENT shall be governed by and construed in accordance with the laws of the State of California, USA.

IN WITNESS WHEREOF the parties have executed this CONFIDENTIALITY AGREEMENT as of the date first above written.

Contact Us

If you have any questions about these Terms, please contact us.

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