Terms and Conditions
Welcome to (the “Website“). The Website is owned and operated by Innovagaia LLC (“Innovagaia“, “us” or “we“).
2. PRIVACY AND YOUR ACCOUNT
4. RESTRICTIONS ON USE; LIMITED LICENSE
All content contained on the Website (collectively, “Content“), such as text, graphics, logos, icons, images, audio and video clips, digital downloads, data compilations, and software, is our property or the property of our licensors or licensees, and the compilation of the Content on the Website is our exclusive property, protected by United States and international copyright laws, treaties and conventions. All software used on the Website is our property or the property of our software suppliers and protected by United States and international copyright laws, treaties and conventions.
Any trademarks, service marks, graphics, logos, page headers, icons, scripts and trade names (each, a “Mark“) contained on the Website are proprietary to us or our licensors or licensees. Our Marks may not be used in connection with any product or service that is not ours in any manner that is likely to cause confusion among users or that disparages or discredits us or anyone else. All other Marks not owned by us that appear on the Website are the property of their respective owners, who may or may not be affiliated with, connected to, or sponsored by us.
We grant you a limited license to access and make personal use of the Website. No Content of the Website or any other Internet site owned, operated, licensed, or controlled by us may be copied, reproduced, republished, downloaded (other than audio materials), uploaded, posted, transmitted or distributed in any way, or sold, resold, visited, or otherwise exploited for any commercial purpose.
The license granted to you does not include, and specifically excludes, any rights to: resell or make any commercial use of the Website or any Content; collect and use any product listings, descriptions, or prices; make any derivative use of the Website or Content; download or copy account information for the benefit of anyone else; or use any form of data mining, robots, or similar data gathering and extraction tools. You may not frame, or utilize framing techniques to enclose, any Mark, Content or other proprietary information, or use any meta tags or any other “hidden text” utilizing any such intellectual property, without our and each applicable owner’s express written consent. Any unauthorized use automatically terminates the license granted to you hereunder. You are granted a limited, revocable, and non-exclusive right to create a hyperlink only to our home page provided that the link does not portray us or our licensors or licensees, or their respective products or services, in a false, misleading, derogatory, or otherwise offensive matter. You may not use any of our or any such party’s intellectual property as part of the link without our and each such party’s express written consent.
5. USER INFORMATION.
Innovagaia.com does not collect any of your user information other than what is shared with PayPal for the payment.
6. SYSTEM REQUIREMENTS.
INNOVAGAIA may, at any time and from time to time, in its sole discretion, modify, revise, or otherwise change the system requirements for the Website and the format of any downloadable content, in whole or in part, without notice or liability to you.
Internet access, use of the Software, or use of a Device may result in fees in addition to any fees incurred on the Website. Software and Devices may require you to obtain updates or upgrades from time to time. Your ability to use the Website may be affected by the performance of the Software, the Device, or your Internet connection. You acknowledge and agree that it is your sole responsibility to comply with the system requirements of your Software and Device, as in effect from time to time, and to maintain, update, and upgrade your Software and Devices, including the payment of all Internet access, Software, and Device fees without recourse to INNOVAGAIA.
You may post reviews, comments, submit suggestions, ideas, questions, or other information, so long as none of these materials are illegal, obscene, threatening, defamatory, invasive of privacy, infringing on intellectual property rights, or otherwise injurious to third parties or objectionable and do not consist of or contain software viruses, political campaigning, commercial solicitation, chain letters, mass mailings, or any form of “spam.” You may not use a false e-mail address, impersonate anyone, or otherwise mislead as to the origin of any content.
8. CONTENT LINKED TO THE WEBSITE
9. DISCLAIMER OF WARRANTIES
THE CONTENT ON THE WEBSITE IS PROVIDED “AS IS” AND WITHOUT WARRANTY OF ANY KIND, EXPRESSED OR IMPLIED. TO THE FULLEST EXTENT PERMITTED BY APPLICABLE LAW, WE DISCLAIM ANY AND ALL WARRANTIES, EXPRESSED OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE AND NON-INFRINGEMENT. WE DO NOT WARRANT THAT THE FUNCTIONS CONTAINED IN ANY CONTENT (INCLUDING, WITHOUT LIMITATION, USER-GENERATED CONTENT) WILL BE UNINTERRUPTED OR ERROR-FREE, THAT DEFECTS WILL BE CORRECTED, OR THAT THE WEBSITE OR THE SERVERS THAT MAKE SUCH CONTENT AVAILABLE ARE FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS AND YOU ASSUME THE ENTIRE COST OF ALL NECESSARY SERVICING, REPAIR OR CORRECTION OF ANY OF YOUR EQUIPMENT OR SOFTWARE. WE MAKE NO REPRESENTATIONS OR WARRANTIES REGARDING USE, OR THE RESULTS OF USE, OF ANY CONTENT, PRODUCT OR SERVICE CONTAINED ON OR OFFERED, MADE AVAILABLE THROUGH, OR OTHERWISE RELATED IN ANY WAY TO THE WEBSITE INCLUDING, WITHOUT LIMITATION, ANY THIRD PARTY SITE OR SERVICE LINKED TO FROM THE WEBSITE (AND SPECIFICALLY NO REPRESENTATION OR WARRANTY OF CORRECTNESS, ACCURACY, COMPLETENESS, RELIABILITY OR SAFETY).
WE EXPLICITLY DISCLAIM ANY RESPONSIBILITY FOR THE ACCURACY, COMPLETENESS OR AVAILABILITY OF INFORMATION, CONTENT AND MATERIALS FOUND ON SITES THAT LINK TO OR FROM THE WEBSITE. WE CANNOT ENSURE THAT YOU WILL BE SATISFIED WITH ANY PRODUCT OR SERVICE THAT YOU PURCHASE FROM A THIRD PARTY WEBSITE THAT LINKS TO OR FROM THE WEBSITE OR THIRD PARTY INFORMATION, CONTENT OR MATERIALS CONTAINED ON OUR WEBSITE. WE DO NOT ENDORSE ANY OF THE MERCHANDISE, NOR HAVE WE TAKEN ANY STEPS TO CONFIRM THE ACCURACY, COMPLETENESS OR RELIABILITY OF, ANY OF THE INFORMATION, CONTENT OR MATERIALS CONTAINED ON ANY THIRD PARTY WEBSITE. WE DO NOT MAKE ANY REPRESENTATIONS OR WARRANTIES AS TO THE SECURITY OF ANY INFORMATION, CONTENT OR MATERIALS (INCLUDING, WITHOUT LIMITATION, CREDIT CARD AND OTHER PERSONAL INFORMATION) YOU MIGHT BE REQUESTED TO GIVE TO ANY THIRD PARTY. YOU HEREBY IRREVOCABLY AND UNCONDITIONALLY WAIVE ANY AND ALL CLAIMS AGAINST US WITH RESPECT TO INFORMATION, CONTENT AND MATERIALS CONTAINED ON THE WEBSITE, ON THIRD PARTY SITES, AND ANY INFORMATION, CONTENT AND MATERIALS YOU PROVIDE TO OR THROUGH ANY SUCH THIRD PARTY SITES (INCLUDING, WITHOUT LIMITATION, CREDIT CARD AND OTHER PERSONAL INFORMATION). WE STRONGLY ENCOURAGE YOU TO MAKE WHATEVER INVESTIGATION YOU FEEL NECESSARY OR APPROPRIATE BEFORE PROCEEDING WITH ANY ONLINE OR OFFLINE TRANSACTION WITH ANY THIRD PARTY.
INNOVAGAIA ThetaHealing, and other modalities used provide impressive results for most people but there is no guarantee they will achieve your goals or be as beneficial as they are for most people. Please consult your own physician and/or therapist regarding your participation.
Every time you request services with INNOVAGAIA LLC, you understand that Ajitha Srinivasan INNOVAGAIA and any and all of INNOVAGAIA affiliates are not licensed medical doctors, practitioners or therapists. This healing session is not meant to diagnose or treat any disease, but rather it is intended to provide information that will promote the conditions under which natural healing skills and abilities are strengthened. It is designed to give insights into innate healing potential and guide toward a more healthy and balanced lifestyle. You also realize that the sessions are for increasing coping skills, teaching how to manage stress in creative, healthy ways and to help eliminate unhealthy habits.
You certify that your participation is of your own free will and you accept complete responsibility for your well being at all times. If are you currently undergoing medical or psychological treatment or you are currently receiving treatment or counseling, you agree to request a referral letter from your physician prior to participation. In case of not providing Ajitha Srinivasan INNOVAGAIA or any and all of INNOVAGAIA affiliates you further certify that you are a healthy individual and that you are physically and psychologically fit to fully participate, and you know of no reason, nor have you been informed by you physician or psychologist of any reason, why your participation would do you harm of any nature.
You agree to release and hold harmless INNOVAGAIA and all of it’s affiliates from any claim arising out of any portion of these sessions in which you are voluntarily participating, including any claim for physical and/or mental injury to yourself, whether caused by negligence or otherwise. You also understand that although these sessions may raise emotional issues, it is not intended to provide a therapeutic environment or be a substitute for ongoing counseling or psychotherapy. Resolution of any issues which may surface and which may warrant counseling will be your sole responsibility and will be undertaken in your sole discretion and at your own expense. You are clear that you are not being treated for specific medical problems. You clearly understand that all services rendered to you are to be paid in full directly before our session.
For further sessions you shall give INNOVAGAIA a minimum of 24 business hours notice in the event of a cancellation. You understand if you fail to comply, you shall be charged the amount of service scheduled. You also take responsibility for being on time for your appointment, and you shall be charged for the full scheduled appointment time.
ThetaHealing and any other energy healing sessions are kept strictly confidential between the client and practitioner.
You have read all the above paragraphs and understand and accept the policies as stated, as well as acknowledge Notice of Privacy Practices.
10. RELEASE STATEMENT – THETAHEALING
By requesting ThetaHealing sessions or seminars or webinars, you hereby authorize Ajitha Srinivasan, ThetaHealer to work with you using ThetaHealing (R) for the purposes that you addressed, and for any other future purposes that you may request. You understand that the success of your healing sessions depends greatly on your own ability and desire to affect change in yourself. You understand that the results of your sessions depend greatly on your own serious participation, and that INNOVAGAIA and Ajitha Srinivasan cannot offer any guarantee of the success of your work together. You are aware, however, that Ajitha Srinivasan & INNOVAGAIA will make every reasonable effort to ensure your success.
You fully understand the difference between psychotherapy and energy healing, and fully understand that Ajitha Srinivasan does not offer psychotherapy. You also understand that you have other choices from which to seek assistance regarding your specific concerns, and you have chosen energy healing at this time.
11. LIMITATION OF LIABILITY
UNDER NO CIRCUMSTANCES (INCLUDING NEGLIGENCE) SHALL WE BE LIABLE TO YOU OR ANYONE ELSE FOR ANY DIRECT, INDIRECT, INCIDENTAL, SPECIAL OR CONSEQUENTIAL DAMAGES (INCLUDING LOST PROFITS), PERSONAL INJURY (INCLUDING DEATH) OR PROPERTY DAMAGE OF ANY KIND OR NATURE WHATSOEVER THAT ARISE OUT OF OR RESULT FROM: (A) THE USE OF, OR ANY INABILITY TO USE, THE WEBSITE OR ANY CONTENT OR FUNCTIONS THEREOF; OR (B) ANY ACT OR OMISSION, ONLINE OR OFFLINE, OF ANY USER OF THE WEBSITE OR ANYONE ELSE, EVEN IF WE HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. UNDER NO CIRCUMSTANCES SHALL VICTORIA RADER YU2SHINE OR ANY OF ITS AFFILIATES BE LIABLE FOR ANY DELAY OR FAILURE IN PERFORMANCE RESULTING, DIRECTLY OR INDIRECTLY, FROM ANY EVENT OF FORCE MAJEURE OR OTHER CAUSE BEYOND OUR OR THEIR CONTROL INCLUDING, WITHOUT LIMITATION, ACTS OF GOD, WAR, EQUIPMENT AND TECHNICAL FAILURES, ELECTRICAL POWER FAILURES OR FLUCTUATIONS, STRIKES, LABOR DISPUTES, RIOTS, CIVIL DISTURBANCES, SHORTAGES OF LABOR OR MATERIALS, NATURAL DISASTERS, GOVERNMENTAL ACTIONS, ORDERS OF DOMESTIC OR FOREIGN COURTS OR TRIBUNALS, OR NON-PERFORMANCE OF THIRD PARTIES. NEITHER WE NOR ANY OTHER INDEMNIFIED PARTY IS RESPONSIBLE OR LIABLE FOR: (A) ANY INCOMPATIBILITY BETWEEN THE WEBSITE AND ANY SITE, SERVICE, SOFTWARE OR HARDWARE; OR (B) ANY DELAY OR FAILURE YOU MAY EXPERIENCE WITH ANY TRANSMISSION OR TRANSACTION RELATED TO THE WEBSITE.
13. COVENANT NOT TO DISCLOSE OR COMPETE
This Covenant Not To Disclose Or Compete (the “Agreement”) is entered into by and between INNOVAGAIA LLC (“INNOVAGAIA”) and You
(“Receiving Party”) (collectively referred to herein as the “Parties”) for the purpose of preventing the unauthorized disclosure of Confidential Information and Competition as defined below. The Parties agree to enter into a confidential relationship with respect to the disclosure and/or use of certain proprietary and confidential information and trade secrets.
INNOVAGAIA, whose principal place of business is located at Herndon, VA, is engaged in the business of energy healing and support as well the marketing and sale of other valuable services and products; and the Receiving Party is an individual/business, are entering into negotiations for the purchase of services and/or products of the Receiving Party, intellectual property licenses of either Party, and/or services and/or products of INNOVAGAIA, which may require INNOVAGAIA to reveal certain confidential or proprietary information or trade secrets; and WHEREAS, the execution of this Agreement is a condition precedent to and consideration for entering into said negotiations;
NOW, THEREFORE, for and in consideration of the mutual promises and covenants set forth herein and other good and valuable consideration, the receipt and sufficiency of which is hereby acknowledged, the Parties hereto agree as follows:
Definition of Confidential Information. For purposes of this Agreement, “Confidential Information” shall include all information or material that has or could have commercial value or other utility in the business in which INNOVAGAIA is engaged or any other business venture, and/or which provides or may provide certain specific information concerning the products, methods, strategies, models, plans, and intellectual property of INNOVAGAIA and its affiliates.
This definition of “Confidential Information” includes, but is not limited to, any and all information received by the Receiving Party from INNOVAGAIA, whether verbal or written, concerning INNOVAGAIA’s assets, products, services, clientele, business strategies, business methods, business models, business plans, and intellectual property. Furthermore, for purposes of illustration and not limitation, Confidential Information may be transmitted orally, in writing, by fax, e-mail, e-mail attachment, computer file, traditional mail, text message, instant message, computer disk, digital storage device, or any and all other means of written communication or information storage.
Exclusions from Confidential Information. Receiving Party’s obligations under this Agreement do not extend to information that is: (a) publicly known at the time of disclosure or subsequently becomes publicly known through no fault of the Receiving Party; (b) discovered or created by the Receiving Party before disclosure by INNOVGAIA; or (c) is disclosed by Receiving Party with INNOVAGAIA’s prior written approval.
Definition of Compete or Competition. For purposes of this Agreement, Competition shall include the occupation of any position, whether as proprietor, stockholder, partner, officer, employee, or otherwise, where the Receiving Party may gain or confer upon any other party any benefit, directly or indirectly engaged in the business of personal energy healing and self-help publication, promotion, sales, and seminars, through means of internet commerce or within twenty-five (25) miles of any location at which INNOVAGAIA has a physical presence.
Obligations of Receiving Party.
Disclosure. Receiving Party shall hold and maintain the Confidential Information in strictest confidence for the sole and exclusive benefit of INNOVAGAIA. Receiving Party shall carefully restrict access to Confidential Information to employees, contractors, and third parties as is reasonably required pursuant to the Parties’ business and commercial transactions and shall require those persons to sign non-disclosure restrictions of greater or comparable restrictiveness as those contained in this Agreement. Receiving Party shall not, without prior written approval of INNOVAGAIA, use for Receiving Party’s own benefit, publish, copy, or otherwise disclose to others, or permit the use by others for their benefit or to the detriment of INNOVAGAIA, any Confidential Information. Receiving Party shall return to INNOVAGAIA any and all records, notes, and other written, printed, or tangible materials in its possession pertaining to Confidential Information immediately if INNOVAGAIA requests it in any written communication.
Competition. The Receiving Party specifically agrees that during the term of any covenant, contract, agreement, or business venture between or with the Parties, and for a period of three (3) years after the termination of any covenant, contract, agreement, or business venture between or with the Parties, for whatever reason, the Receiving Party shall not Compete either directly or indirectly, whether as proprietor, stockholder, partner, officer, employee, or otherwise, with INNOVAGAIA.
Damages. The Parties agree that the quantum of damages, which shall include unrealized business opportunities, caused by the disclosure of Confidential Information or Competition may be difficult to determine. Therefore, notwithstanding the foregoing clause regarding compensatory damages, the Parties agree that a breach of this Agreement by Receiving Party shall entitle INNOVAGAIA to liquidated damages in the amount of $25,000.00, not to exclude punitive damages where available. The Parties agree that this is a reasonable amount of liquidated damages, and is not a penalty. INNOVAGAIA shall also be entitled to all attorney’s fees incurred pursuant to enforcement of this Agreement.
Time Periods. The non-disclosure provisions of this Agreement shall survive the termination of any Agreement(s) between the Parties, and Receiving Party’s duty to hold Confidential Information in confidence shall remain in effect until the Confidential Information no longer qualifies as a trade secret or until YU2SHINE sends Receiving Party written notice releasing Receiving Party from this Agreement, whichever occurs first. The non-compete provisions of this Agreement shall survive according to the terms set forth in paragraph 4(b) of this Agreement or until INNOVAGAIA sends Receiving Party written notice releasing Receiving Party from this Agreement, whichever occurs first.
Relationships. Nothing contained in this Agreement shall be deemed to constitute either Party a partner, joint venturer, employee, or agent of the other Party for any purpose.
Integration. This Agreement expresses the complete understanding of the Parties, there being no representations, promises, warranties, covenants, or undertakings other than those expressly set forth herein, with respect to the subject matter of this Agreement and supersedes all prior proposals, agreements, representations, and understandings. The Parties are not relying upon any representations other than those expressly set forth herein. This Agreement may be executed in any number of counterparts, any one of which may be deemed the original. This Agreement may not be amended except in a writing signed by both Parties.
Severability. If a court of competent jurisdiction shall, at any time, hold that a portion of this Agreement is invalid, unenforceable, or otherwise illegal, the remainder shall not be affected thereby and shall continue in full force and effect. Any portion of this Agreement, which is held invalid, unenforceable, or otherwise illegal by a court of competent jurisdiction, shall not be stricken but shall, as an operation of law following said holding, be amended or otherwise interpreted in such a way as to comport with the laws and default rules of the Commonwealth of Virginia.
Assignability and Binding Effect. This Agreement may be assigned by INNOVAGAIA to a successor entity in the event of a merger or consolidation of INNOVAGAIA or in connection with the sale of any portion of INNOVAGAIA’s business or assets. This Agreement shall be binding upon Receiving Party’s signatories, successors in interest, heirs, legal representatives and assigns, whether such interest is conferred by sale, license, or franchise of any portion of Receiving Party’s business or assets.
Execute Documents. Each Party agrees to execute such other and further assurances or instruments as may be necessary to carry out the intent of this Agreement.
Voluntary Execution. Each of the Parties warrants that they have carefully read and fully considered this Agreement and all of the statements, terms, conditions, and provisions thereof prior to its execution. Each Party acknowledges that he or she has been advised of the right to and had the opportunity to seek the counsel of an attorney regarding this Agreement and all of the statements, terms, conditions, and provisions thereof prior to its execution. Each Party further acknowledges that the Agreement is fair and equitable, that it is being entered into voluntarily and that it is not the result of any fraud, misrepresentations, duress, or undue influence exercised by either party upon the other or by any other person or persons.
Governing Law. The validity, enforceability, and interpretation of this Agreement shall be determined and governed by the laws of the Commonwealth of Virginia.
Venue. Any and all claims and controversies arising out of or relating to this Agreement shall be brought in and heard by a court of the Commonwealth of Virginia with competent jurisdiction located in Fairfax County.