Plain-English Terms of Service
We last updated this policy May 24, 2018.
Welcome to Gokhale Method! Here on the left you'll find our plain-English terms of service and the corresponding legal terms of service on the right.
Please review our terms, you must agree to them in order to use Gokhale Method. If you are using Gokhale Method on behalf of your business, make sure you are allowed to agree to our terms of service.
We may change our terms of service from time to time and we may refuse services to you.
Legal Terms of Service
Last updated: May 24, 2018
Please read these Terms of Service ("Terms", "Terms of Service") carefully before using the www.gokhalemethod.com website (the “Site”) and the web-based services and tools accessed through the Site (the "Service") both of which are operated by Gokhale Method Enterprise, Inc. (“Gokhale Method”, "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 visiting our site and/or purchasing something from us and/or accessing or using the Service you irrevocably agree to be bound by these Terms and policies referenced herein and/or available by hyperlink. If you disagree with any part of the terms then you may not access the Service.
If you are entering into these Terms of Service on behalf of an entity, you represent that you have the actual authority to bind such entity to these Terms of Service.
Any new features or tools which are added to the Site shall also be subject to the Terms of Service. You can review the most current version of the Terms of Service at any time on this page.
Gokhale Method expressly reserves the right to modify the Terms of Service at any time in its sole discretion, and without prior notice to you, by including such alteration and/or modification in these Terms of Service, along with a notice of the effective date of such modified Terms of Service. It is your responsibility to check this page periodically for changes. Any continued use by you of the Site or the Service after the posting of such modified Terms of Service shall be deemed to indicate your irrevocable agreement to such modified Terms of Service. Accordingly, if at any time you do not agree to be subject to any modified Terms of Service, you may no longer use the Site or Service.
We reserve the right to refuse service to anyone for any reason at any time.
You understand that your content (not including credit card information), may be transferred unencrypted and involve (a) transmissions over various networks; and (b) changes to conform and adapt to technical requirements of connecting networks or devices. Credit card information is always encrypted during transfer over networks.
The headings used in this agreement are included for convenience only and will not limit or otherwise affect these Terms.
User Account Registration; Passwords and Fees
You will need to sign up for an account to use some of our Services.
You also must be at least 18 (or have your parent's permission) to use Gokhale Method.
Keep your password safe and let us know if you detect any unusual behavior on your account immediately.
(a) Account Registration and Use License: In order to access and use all of the features of the Service, you are required to open an account (“User Account”) by registering with Gokhale Method. When you register for your User Account you must provide true, accurate, current and complete information (“Account Information”), and you agree to update the Account Information in order to ensure that it is current. Upon proper registration and opening of a User Account, and subject to all of the terms and conditions of these Terms of Service, Gokhale Method hereby grants to you the personal, non-transferable right and license to use the Service, solely for your own internal business purposes, until such time as either you or Gokhale Method elect to terminate such right in accordance with these Terms and Conditions.
(b) Eligibility: As an express condition of being permitted to open a User Account, you represent and warrant that you (i) have the legal capacity (including, without limitation, being of sufficient age) to enter into contracts under the law of the jurisdiction in which you reside, (ii) are not on a list of persons barred you from receiving services under U.S. laws (including, without limitation, the Denied Persons List and the Entity List issued by the U.S. Department of Commerce, Bureau of Industry and Security) or other applicable jurisdiction and (iii) are not a resident of Cuba, Iran, North Korea, Sudan or Syria. By agreeing to these Terms of Service, you represent that you are at least the age of majority in your state or province of residence, or that you are the age of majority in your state or province of residence and you have given us your consent to allow any of your minor dependents to use this site.
(c) Passwords: Upon registration on the Site, you will provide Gokhale Method with a password to access your account. You are responsible for maintaining the confidentiality of your password and for all of your activities and those of any third party that occur through your account, whether or not authorized by you. You agree not to disclose your password to any third party. You agree to immediately notify Gokhale Method of any suspected or actual unauthorized use of your User Account. You agree that Gokhale Method will not under any circumstances be liable for any cost, loss, damages or expenses arising out of a failure by you to maintain the security of your password.
Services
We try to constantly improve our products and services. This means, we may add, remove, or change Services and products at any time. This includes price changes.
We try our best to describe our products as accurate as possible, but we can’t guarantee that you are satisfied.
We also want to offer our products and Services to as many people as possible, but we are not obliged to do so.
(a) Prices for our products and services are subject to change without notice. We reserve the right at any time to modify or discontinue the Service (or any part or content thereof) without notice at any time. We shall not be liable to you or to any third-party for any modification, price change, suspension or discontinuance of the Service.
(b) Certain products or services may be available exclusively online through the website. These products or services may have limited quantities and are subject to return or exchange only according to our Return Policy.
We have made every effort to display as accurately as possible the colors and images of our products. We cannot guarantee that your computer monitor's display of any color will be accurate.
We reserve the right, but are not obligated, to limit the sales of our products or Services to any person, geographic region or jurisdiction. We may exercise this right on a case-by-case basis. We reserve the right to limit the quantities of any products or services that we offer. All descriptions of products or product pricing are subject to change at anytime without notice, at the sole discretion of us. We reserve the right to discontinue any product at any time. Any offer for any product or service made on this site is void where prohibited.
We do not warrant that the quality of any products, services, information, or other material purchased or obtained by you will meet your expectations, or that any errors in the Service will be corrected.
(c) We reserve the right to refuse any order you place with us. We may, in our sole discretion, limit or cancel quantities purchased per person, per household or per order. These restrictions may include orders placed by or under the same customer account, the same credit card, and/or orders that use the same billing and/or shipping address. In the event that we make a change to or cancel an order, we may attempt to notify you by contacting the e-mail and/or billing address/phone number provided at the time the order was made.
You agree to provide current, complete and accurate purchase and account information for all purchases made on our Sites. You agree to promptly update your account and other information, including your email address and credit card numbers and expiration dates, so that we can complete your transactions and contact you as needed.
Site Content
Unless otherwise noted, information published on this site are copyrighted works of Gokhale Method.
Third party information, such as data accessed through a service on Gokhale Method, is subject to the copyrights of those third party systems.
You can copy information on this site for your own personal use. Please do not infringe the copyrights of others using Gokhale Method or your account may be deleted.
(a) Gokhale Method Content: Except as may be otherwise noted, the information, materials (including, without limitation, HTML, text, audio, video, white papers, press releases, data sheets, product descriptions, software and FAQs and other content) available on the Site and/or the Service (collectively, “Gokhale Method Content”) are the copyrighted works of Gokhale Method and its licensors, and Gokhale Method and its licensors expressly retain all right title and interest in and to the Gokhale Method Content, including, without limitation, all intellectual property rights therein and thereto. Except as expressly permitted in these Terms of Service, any use of the Gokhale Method Content may violate copyright and/or other applicable laws.
(b) Third Party Content: In addition to Gokhale Method Content, the Site and/or the Service may contain information and materials provided to Gokhale Method by third parties (collectively, “Third Party Content”). Third Party Content is the copyrighted work of its owner, who expressly retains all right title and interest in and to the Third Party Content, including, without limitation, all intellectual property rights therein and thereto. In addition to being subject to these Terms of Service, Third Party Content may also be subject to different and/or additional terms of use and/or privacy policies of such third parties. Please contact the appropriate third party for further information regarding any such different and/or additional terms of use applicable to Third Party Content.
(c) Limited Site Content License: Gokhale Method grants you the limited, revocable, non-transferable, non-exclusive right to use the Gokhale Method Content and Third Party Content (collectively, “Site Content”) by displaying the Site Content on your computer, and downloading and printing pages from the Site containing Site Content, under the condition that (i) such activity is solely for your personal, education or other noncommercial use, (ii) you do not modify or prepare derivative works from the Site Content, (iii) you do not obscure, alter or remove any notice of copyright set forth on any Site pages or Site Content, (iv) you do not otherwise reproduce, re-distribute or publicly display any of the Site Content and (v) you do not copy any Site Content to any other media or other storage format.
(d) Trademarks: All trademarks, service marks and logos included on the Site (“Marks”) are the property of Gokhale Method or third parties, and you may not use such Marks without the express, prior written consent of Gokhale Method or the applicable third party.
(e) Monitoring of Site Content and use of Service: Gokhale Method reserves the right, but does not undertake the obligation, to monitor use of the Site and/or the Service, and to investigate and take appropriate legal action against any party that uses the Site in violation of these Terms of Service or applicable law. Gokhale Method reserves the right to accept, reject or modify any Site Content or User Content, but assumes no liability based on its acceptance, rejection, modification or failure to modify any Site Content or User Content.
(f) Copyright Infringement: As a condition of your right to use the Site and the Service, you agree to respect the intellectual property rights of others. Accordingly, you agree not to upload or post to the Site or the Service any copyrighted materials, trademarks or other proprietary information belonging to any third party without the prior written consent of the applicable third party. You acknowledge that Gokhale Method will terminate your access to the Site and/or the Service if you repeatedly infringe the copyright of third parties. If you believe that your copyrighted work has been illegally uploaded or posted on the Site or the Service, you may send a written notice to Gokhale Method at [email protected]. Gokhale Method reserves all rights to seek damages and fees associated with infringement and or fraud.
Your Use of the Site and Service
To use Gokhale Method, you must agree you won't use Gokhale Method to break any local laws. You can't republish or resell Gokhale Method. Please do not hack us.
You can’t use paid services, until you pay the fee for that service. For returns and refunds, please check our Sales and Return Policy.
To cancel your User Account, you must follow the instructions on your user profile page on our website.
You can use Gokhale Method but that doesn't mean you can copy or redistribute our intellectual property (like our trademarks, name, logo, source code, etc). Again, you have to follow your local laws when using Gokhale Method.
Gokhale Method has a lot of user-submitted content (like our forums and event watercoolers). By uploading content to Gokhale Method, you are granting us certain license rights to that content. We may moderate this content or remove it at our discretion. Sometimes we will access your content in order to provide support or technical assistance.
Back up your content! We do our absolute best to ensure against data loss but we can't guarantee against it. It is always a good practice to regularly backup your data, regardless of whether you use Gokhale Method. We encrypt everything where possible, but there may be times when data is communicated insecurely (for example email or an unencrypted API we work with).
Our terms of service are effectively a contract between you and Gokhale Method and are subject to termination and/or suspension, so make sure you read them.
We feature partners and reviews on our website. We will ask your permission before using your name or photo. We normally contact people via email to obtain their permission.
(a) Account and Use of Service: You may use your User Account for the Service only in accordance with these Terms of Service and only for lawful purposes. You are responsible for your own communications, including the upload, transmission and posting of information, and are responsible for the consequences of their posting on or through the Service.
(b) Fees: Some features of the Service may only be accessed and used upon the payment of applicable fees (“Fees”). Fees may vary depending on usage in accordance with our current pricing policy. You will only be able to access and use those features of the Service the use of which does not require the payment of a Fee, unless you agree to pay all applicable Fees. All Fees are exclusive of all taxes, levies, or duties imposed by taxing authorities, and you shall be responsible for payment of all such taxes, levies, or duties, excluding only United States (federal or state) taxes.
(c) Refunds: Refunds are processed according to our fair refund policy.
(d) Cancellation and Termination by You: You are solely responsible for properly canceling your User Account. You can cancel your User Account at any time by following the instructions provided on the user profile link in the global navigation bar at the top of the screen. An email or phone request to cancel your User Account is not considered cancellation, if not stated specifically on your account settings page.
(e) Termination and Suspension by Gokhale Method: Gokhale Method may terminate your User Account and/or these Terms of Service at any time and for any reason upon notice to you. We may also suspend our Service to you at any time, with or without cause. If we terminate your User Account without cause, we will refund a prorated portion of any prepayment. We will not refund or reimburse you if we terminate your User Account for cause, including (without limitation) for a violation of these Terms of Service. Once your User Account is terminated, we may permanently delete your User Account and all the data associated with it. If you do not log in to your User Account for 12 or more months, we may treat your User Account as “inactive” and permanently delete the User Account and all the data associated with it.
(f) Prohibited Conduct: Gokhale Method specifically prohibits any use of the Site or the Service for: (i) posting any (1) information which is incomplete, false, inaccurate or not your own, (2) trade secrets or material that is copyrighted or otherwise owned by a third party unless you have a valid license from the owner which permits you to post it, (3) material that infringes on any other intellectual property, privacy or publicity right of another, (4) advertisement, promotional materials or solicitation related to any product or service that is competitive with Gokhale Method products or services or (5) software or programs which contain any harmful code, including, but not limited to, viruses, worms, time bombs or Trojan horses; (ii) impersonating another person; (iii) engaging in or encouraging conduct that would constitute a criminal offense, give rise to civil liability or otherwise violate any city, state, national or international law or regulation, or which fails to comply with accepted Internet protocol; or (iv) transmitting or transferring (by any means) information or software derived from the Site or the Service to foreign countries or certain foreign nations in violation of US export control laws. In addition, you are prohibited from violating or attempting to violate the security of the Site, the Service or Gokhale Method’s system or network security, including, without limitation, the following: (w) accessing data not intended for users of the Site or the Service, or gaining unauthorized access to an account, server or any other computer system; (x) attempting to probe, scan or test the vulnerability of a system or network or to breach security or authentication measures; (y) attempting to interfere with the function of the Site, the Service, host or network, including, without limitation, via means of submitting a virus to the Site, overloading, “flooding”, “mailbombing”, “crashing”, or sending unsolicited e-mail, including promotions and/or advertising of products or services; or (z) forging any TCP/IP packet header or any part of the header information in any e-mail or newsgroup posting. Violations of the Site’s or Gokhale Method’s system or network security may result in civil or criminal liability.
(g) User Content: If you elect to display, post, submit or otherwise make available to others, on the Site any content or works of authorship, including, without limitation, images, audio files, text, software or other materials, (collectively, “User Content”), you hereby grant to Gokhale Method a perpetual, irrevocable, royalty-free, worldwide, non-exclusive right and license, including the right to grant sublicenses to third parties, to use, reproduce, publicly display, publicly perform, prepare derivative works from and distribute such User Content, for any purpose. In addition, you hereby irrevocably represent and warrant to Gokhale Method that (i) you have all necessary power, authority, right, title and/or licenses to grant to Gokhale Method the foregoing right and license and (ii) the posting, submission, display by you of User Content on the Site, and the exercise by Gokhale Method of the foregoing license does not and will not (1) violate any applicable law or government regulation or (2) infringe any right of publicity or invades the privacy of others, or any intellectual property right of any third party, (iii) no User Content you provide (1) will constitute obscene, pornographic, indecent, profane or otherwise objectionable material, (2) is discriminatory, hateful or bigoted toward, or abusive of, any group or individual, or (3) is libelous or defamatory.
(h) Suggestions: You hereby grant to Gokhale Method a royalty-free, worldwide, transferable, sublicenseable, irrevocable, perpetual license to use or incorporate into the Site and/or the Service any suggestions, enhancement requests, recommendations or other feedback provided by you to Gokhale Method that is related to the Site and/or the Service.
(i) Indemnification: You hereby irrevocably agree to indemnify, defend and hold Gokhale Method, its affiliates, directors, officers, employees and agents harmless from and against any and all loss, costs, damages, liabilities and expenses (including attorneys’ fees) arising out of or related to (i) any third party claim resulting from a breach by you of any of your covenants, representations or warranties contained in these Terms of Service and/or (ii) your use of the Site and/or the Service.
(j) Events: You may be invited or sign up to a Gokhale Method event (“Event”). Each Event will have an Event host. By agreeing to join an Event, you acknowledge that (i) your identity, including name and email address, will be disclosed to other Event participant, and the Event host will also have access to some of your personal data as described in our privacy policy, and (ii) your watercooler contributions will be viewable by all Event participants.
(k) Export Control: You hereby represent and warrant that (i) you understand and acknowledge that some Site Content may be subject to export, re-export and import restrictions under applicable law, (ii) you will not use the Site or any Site Content in a manner that violates the U.S. Export Administration Act of 1979 and the regulations of the U.S. Department of Commerce and (iii) you are not located in, under the control of, or a national or resident of any country to which the United States has embargoed goods.
Linked Websites
Gokhale Method links to a lot of third party sites with their own terms of service which are distinct and different from our own.
The Site may contain links to other websites that are not owned or operated by Gokhale Method, and you agree that Gokhale Method provides links to such websites solely as a convenience and has no responsibility for the content or availability of such websites, and that Gokhale Method does not endorse such websites or any products or services associated therewith. Your use of such websites will be subject to the terms of use applicable to each such website.
LIMITATION OF LIABILITY
We specifically limit our liability if something goes wrong.
(a) Warranty Disclaimer: THE SITE AND, SITE CONTENT AND THE SERVICE ARE PROVIDED STRICTLY ON AN “AS IS” AND “AS AVAILABLE” BASIS, AND GOKHALE METHOD MAKES NO WARRANTY THAT THE SITE, SERVICE OR SITE CONTENT ARE COMPLETE, SUITABLE FOR YOUR PURPOSE, OR ACCURATE. ON BEHALF OF ITSELF AND ITS LICENSORS, GOKHALE METHOD HEREBY EXPRESSLY DISCLAIMS ANY AND ALL IMPLIED, STATUTORY OR OTHER WARRANTIES WITH RESPECT TO THE SITE, SITE CONTENT AND SERVICE, OR THE AVAILABILITY OF THE FOREGOING, INCLUDING, WITHOUT LIMITATION, THE IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE AND NONINFIRNGEMENT. THE ENTIRE RISK AS TO RESULTS OBTAINED THROUGH USE OF THE SITE, SERVICE AND/OR THE SITE CONTENT RESTS WITH YOU AND GOKHALE METHOD MAKES NO REPRESENTATION OR WARRANTY THAT THE AVAILABILITY OF THE SITE AND OR THE SERVICE WILL BE UNINTERRUPTED, OR THAT THE SITE, SERVICE AND/OR THE SITE CONTENT WILL BE ERROR FREE OR THAT ALL ERRORS WILL BE CORRECTED.
(b) Limitation of Liability: TO THE FULLEST EXTENT PERMITTED BY APPLICABLE LAW, YOU AGREE THAT GOKHALE METHOD SHALL NOT BE LIABLE TO YOU FOR ANY DAMAGES ARISING OUT OF OR CONNECTED TO YOUR USE OF, OR INABILITY TO USE, THE SITE, THE SERVICE OR THE SITE CONTENT, INCLUDING, WITHOUT LIMITATION, ANY AND ALL DIRECT, INDIRECT, INCIDENTAL, CONSEQUENTIAL, PUNITIVE, SPECIAL, EXEMPLARY OR STATUTORY DAMAGES (INCLUDING, WITHOUT LIMITATION, LOSS OF BUSINESS, LOSS OR PROFITS, LOSS OF REVENUE, LOSS OF DATA., LOSS OF GOODWILL OR FOR ANY COST OF COVER OR COST OF PROCUREMENT OF SUBSTITUTE GOODS OR SERVICES), EVEN IF GOKHALE METHOD HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES, AND REGARDLESS OF THE LEGAL THEORY UNDER WHICH DAMAGES ARE SOUGHT, WHETHER IN BREACH OF CONTRACT OR IN TORT, INCLUDING NEGLIGENCE. You acknowledge that you have read, understand and agree to Gokhale Methods’s Privacy Policy located at https://gokhalemethod.com/privacy_policy, which is hereby incorporated into and made a part of these Terms of Service by this reference.
Location of the Site and your Use
Gokhale Method may operate servers across the world and they are controlled from offices in the United States.
You are responsible for compliance with any local laws that may affect you, geographically speaking.
Gokhale Method operates or controls the operation of this Site and the Service from offices in the United States. In addition, the Site and the Service may be mirrored, and other websites operated or controlled by Gokhale Method may be located, at various locations in and outside of the United States. Gokhale Method makes no representation or warranty that all of the features of this Site or Service will be available to you outside of the United States, or that they are permitted to be accessed outside of the United States. You acknowledge that you are solely responsible for any decision by you to use of this Site and/or the Service from other locations, and that such use may be subject to, and that you are responsible for, compliance with applicable local laws.
General
These terms of service are final.
Disputes are handled in Santa Clara, California.
These Terms of Service constitute the entire agreement and understanding between the parties concerning the subject matter hereof, notwithstanding any different or additional terms that may be contained in the form of purchase order or other document used by you to place orders or otherwise effect transactions hereunder, which such terms are hereby rejected. These Terms of Service supersede all prior or contemporaneous discussions, proposals and agreements between you and Gokhale Method relating to the subject matter hereof. No amendment, modification or waiver of any provision of these Terms of Service will be effective unless in writing and signed by an officer of Gokhale Method. If any provision of these Terms of Service is held to be invalid or unenforceable, the remaining portions will remain in full force and effect and such provision will be enforced to the maximum extent possible so as to effect the intent of the parties and will be reformed to the extent necessary to make such provision valid and enforceable. No waiver of rights by Gokhale Method may be implied from any actions or failures to enforce rights under these Terms of Service. These Terms of Service are intended to be and are solely for the benefit of Gokhale Method and you and do not create any right in favor of any third party. These Terms of Service will be governed by and construed in accordance with the laws of the State of California, without reference to its conflict of laws principles. All disputes arising out of or relating to these Terms of Service will be submitted to the exclusive jurisdiction of a court of competent jurisdiction located in Santa Clara, California, and each party irrevocably consents to such personal jurisdiction and waives all objections to this venue.
Privacy
You can find our full privacy policy here.
Please visit https://gokhalemethod.com/privacy_policy to understand how Gokhale Method collects and uses personal information.
Contact Us
Contact us if you have any questions.
Questions about the Terms of Service should be sent to us at [email protected].