Terms of Service

Terms of Service updated October 2021

The Himalayan Institute provides a personalized subscription service that allows our members to access classes, courses, and articles (“Himalayan Institute content”) streamed over the Internet to certain Internet-connected computers and other devices (“Himalayan Institute ready devices”).

You have accepted these Terms of Use, which govern your use of our service. Personally identifying information is subject to our Privacy Statement, the terms of which are incorporated herein. Please review our Privacy Statement to understand our practices.

As used in these Terms of Use, “Himalayan Institute service”, “our service” or “the service” means the personalized service provided by the Himalayan Institute for discovering and watching Himalayan Institute content, including all features and functionalities, recommendations and reviews, the website, and user interfaces, as well as all content and software associated with our service.

Please take a moment to carefully read through these Terms of Use.

It is our goal to provide you with the best member experience possible. If you have any questions or comments about these Terms, please contact us at [email protected] (subject line: “TOS Question”).

  1. Membership
    1. Your Himalayan Institute membership will continue month-to-month and automatically renew until terminated. To use the Himalayan Institute service you must have Internet access and a Himalayan Institute ready device and provide us with one or more Payment Methods. “Payment Method” means a current, valid, accepted method of payment, as may be updated from time to time and which may include payment through your account with a third party. You must cancel your membership before it renews each month in order to avoid billing of the next month’s membership fees to your Payment Method (see “Cancellation” below).
  1. Free Trials
    1. Your Himalayan Institute membership may start with a free trial. The free trial period of your membership lasts for 30 days, or as otherwise specified during sign-up and is intended to allow new and certain former members to try the service.
    2. Free trial eligibility is determined by Himalayan Institute at its sole discretion and we may limit eligibility or duration to prevent free trial abuse. We reserve the right to revoke the free trial and put your account on hold in the event that we determine that you are not eligible. Members of households with an existing or recent Himalayan Institute membership are not eligible. We may use information such as device ID, method of payment or an account email address used with an existing or recent Himalayan Institute membership to determine eligibility. For combinations with other offers, restrictions may apply.
    3. We will charge your Payment Method for your monthly membership fee at the end of the free trial period and your membership will automatically renew monthly unless you cancel your membership prior to the end of the free trial period. To view the monthly membership price and end date of your free trial period, visit our website and click the “Membership” link on the “Settings” page.
    4. It is very important to understand that you will not receive a notice from Himalayan Institute that your free trial has ended and that payment for your subscription is due. If you wish to avoid charges to your Payment Method, you must cancel your subscription prior to midnight Eastern Time on the last day of your free trial period. You may cancel your subscription at any time as described in the “Ongoing Subscription and Cancellation” section of these Terms. We will continue to bill your Payment Method for your subscription on a recurring basis corresponding to the term of your subscription until you cancel or the account or applicable Service is otherwise suspended or discontinued pursuant to these Terms. To the extent subscriptions are offered in conjunction with purchases of, or payment for, third party products or services, you agree that Himalayan Institute will not be liable to you for any claims arising out of or related to your purchase or use of such third party products or services. If you cancel your subscription during a free trial or while using a promotional code or other credits, cancellation will be effective immediately.
  1. Billing and Cancellation
    1. Billing Cycle. The membership fee for the Himalayan Institute service any other charges you may incur in connection with your use of the service, such as taxes and possible transaction fees, will be charged on a monthly basis to your Payment Method on the calendar day corresponding to the commencement of the paying portion of your membership until your membership is cancelled. Membership fees are fully earned upon payment. In some cases your payment date may change, for example if your Payment Method has not successfully settled or if your paid membership began on a day not contained in a given month. Visit our website and click on the “Account & Billing” link on the “Membership” page to see your next payment date.
    2. Payment Methods. To use the Himalayan Institute service you must provide one or more Payment Methods. You can update your Payment Methods by going to the “Account & Billing” page. We may also update your Payment Methods using information provided by the payment service providers. Following any update, you authorize us to continue to charge the applicable Payment Method(s). You authorize us to charge any Payment Method associated to your account in case your primary Payment Method is declined or no longer available to us for payment of your subscription fee. You remain responsible for any uncollected amounts. If a payment is not successfully settled, due to expiration, insufficient funds, or otherwise, and you do not cancel your account, we may suspend your access to the service until we have successfully charged a valid Payment Method. For some Payment Methods, the issuer may charge you certain fees, such as foreign transaction fees or other fees relating to the processing of your Payment Method. Check with your Payment Method service provider for details.
    3. Cancellation. You can cancel your Himalayan Institute membership at any time, and your cancellation will be effective immediately . We do not provide refunds or credits for any partial-month membership periods or unwatched Himalayan Institute content. To cancel, go to the “Account & Billing” page on our website and follow the instructions for cancellation. If you signed up for Himalayan Institute using your account with a third party as a Payment Method and wish to cancel your Himalayan Institute membership, you may need to do so through that third party, for example by visiting your account with the applicable third party and turning off auto-renew, or unsubscribing from the Himalayan Institute service through that third party. You may also find billing information about your Himalayan Institute membership by visiting your account with the applicable third party.
    4. Changes to the Price and Subscription Plans. We reserve the right to change our subscription plans or adjust pricing for our service or any components thereof in any manner and at any time as we may determine in our sole and absolute discretion. Except as otherwise expressly provided for in these Terms of Use, any price changes or changes to your subscription plan will take effect following notice to you.
    5. No Refunds. Payments are nonrefundable and there are no refunds or credits for partially used periods. At any time, and for any reason, we may provide a refund, discount, or other consideration to some or all of our members (“credits”). The amount and form of such credits, and the decision to provide them, are at our sole and absolute discretion. The provision of credits in one instance does not entitle you to credits in the future for similar instances, nor does it obligate us to provide credits in the future, under any circumstance.
  1. Himalayan Institute Service
    1. You must be 18 years of age, or the age of majority in your province, territory or country, to become a member of the Himalayan Institute service. Individuals under the age of 18, or applicable age of majority, may utilize the service only with the involvement of a parent or legal guardian, under such person’s account and otherwise subject to these Terms of Use.
    2. The Himalayan Institute service and any content viewed through our service are for your personal and non-commercial use only and may not be shared with individuals beyond your household. During your Himalayan Institute membership, we grant you a limited, non-exclusive, non-transferable right to access the Himalayan Institute service and view Himalayan Institute content through the service. Except for the foregoing, no right, title or interest shall be transferred to you. You agree not to use the service for public performances.
    3. You may view Himalayan Institute content primarily within the country in which you have established your account and only in geographic locations where we offer our service and have licensed such content. The content that may be available to watch will vary by geographic location and will change from time to time.
    4. The Himalayan Institute service, including the content library, is regularly updated. In addition, we continually test various aspects of our service, including but not limited to our website, user interfaces, promotional features and availability of Himalayan Institute content.
    5. You agree to use the Himalayan Institute service, including all features and functionalities associated therewith, in accordance with all applicable laws, rules and regulations, or other restrictions on use of the service or content therein. Except as explicitly authorized in these Terms of Use, you agree not to archive, download, reproduce, distribute, modify, display, perform, publish, license, create derivative works from, offer for sale, or use content and information contained on or obtained from or through the Himalayan Institute service. You also agree not to circumvent, remove, alter, deactivate, degrade or thwart any of the content protections in the Himalayan Institute service; use any robot, spider, scraper or other automated means to access the Himalayan Institute service; decompile, reverse engineer or disassemble any software or other products or processes accessible through the Himalayan Institute service; insert any code or product or manipulate the content of the Himalayan Institute service in any way; or use any data mining, data gathering or extraction method. In addition, you agree not to upload, post, e-mail or otherwise send or transmit any material designed to interrupt, destroy or limit the functionality of any computer software or hardware or telecommunications equipment associated with the Himalayan Institute service, including any software viruses or any other computer code, files or programs. We may terminate or restrict your use of our service if you violate these Terms of Use or are engaged in illegal or fraudulent use of the service.
    6. The quality of the display of the Himalayan Institute content may vary from device to device, and may be affected by a variety of factors, such as your location, the bandwidth available through and/or speed of your Internet connection. Please check with your Internet provider for information on possible Internet data usage charges. Himalayan Institute makes no representations or warranties about the quality of your watching experience on your display. The time it takes to begin watching Himalayan Institute content show will vary based on a number of factors, including your location, available bandwidth at the time, the Himalayan Institute content you have selected and the configuration of your Himalayan Institute ready device.
    7. Himalayan Institute software may solely be used for authorized streaming and viewing of content from the Himalayan Institute through Himalayan Institute ready devices. This software may vary by device and medium, and functionalities may also differ between devices. By using our service, you agree to receive, without further notice or prompting, updated versions of the Himalayan Institute and related third-party software. If you do not accept the foregoing terms, do not use our service.
    8. By using our service, you agree to look solely to the entity that manufactured and/or sold you the Himalayan Institute ready device for any issues related to the device and its compatibility with the Himalayan Institute service. We do not take responsibility or otherwise warrant the performance of Himalayan Institute ready devices, including the continued compatibility with our service. If your Himalayan Institute ready device is sold, lost, or stolen, please deactivate the Himalayan Institute ready device. If you fail to log out or deactivate your device, subsequent users may access the Himalayan Institute service through your account and may be able to access certain of your account information. To deactivate a device, follow instructions on the “Account” page of our website.
  1. Passwords and Account Access
    1. The member who created the Himalayan Institute account and whose Payment Method is charged (the “Account Owner”) has access and control over the Himalayan Institute account and the Himalayan Institute ready devices that are used to access our service and is responsible for any activity that occurs through the Himalayan Institute account. To maintain control over the account and prevent anyone from accessing the account (which could include information on viewing history for the account), the Account Owner should maintain control over the Himalayan Institute ready devices that are used to access the service and not reveal the password or details of the Payment Method associated to the account to anyone. You are responsible for updating and maintaining the accuracy of the information you provide to us relating to your account. We can terminate your account or place your account on hold in order to protect you, Himalayan Institute or our partners from identity theft or other fraudulent activity. Himalayan Institute is not obligated to credit or discount a membership for holds placed on the account by either a representative of Himalayan Institute or by the automated processes of Himalayan Institute.
  1. Disclaimers of Warranties and Limitations on Liability
    1. THE HIMALAYAN INSTITUTE SERVICE AND ALL CONTENT AND SOFTWARE ASSOCIATED THEREWITH, OR ANY OTHER FEATURES OR FUNCTIONALITIES ASSOCIATED WITH THE HIMALAYAN INSTITUTE SERVICE, ARE PROVIDED “AS IS” AND “AS AVAILABLE” WITH ALL FAULTS AND WITHOUT WARRANTY OF ANY KIND. THE HIMALAYAN INSTITUTE DOES NOT GUARANTEE, REPRESENT, OR WARRANT THAT YOUR USE OF THE HIMALAYAN INSTITUTE SERVICE WILL BE UNINTERRUPTED OR ERROR-FREE. THE HIMALAYAN INSTITUTE SPECIFICALLY DISCLAIMS LIABILITY FOR THE USE OF APPLICATIONS, HIMALAYAN INSTITUTE READY DEVICES, AND HIMALAYAN INSTITUTE SOFTWARE (INCLUDING THEIR CONTINUING COMPATIBILITY WITH OUR SERVICE).
    2. TO THE EXTENT PERMISSIBLE UNDER APPLICABLE LAWS, IN NO EVENT SHALL HIMALAYAN INSTITUTE, OR ITS SUBSIDIARIES OR ANY OF THEIR SHAREHOLDERS, DIRECTORS, OFFICERS, EMPLOYEES OR LICENSORS BE LIABLE (JOINTLY OR SEVERALLY) TO YOU FOR PERSONAL INJURY OR ANY SPECIAL, INCIDENTAL, INDIRECT OR CONSEQUENTIAL DAMAGES OF ANY KIND, OR ANY DAMAGES WHATSOEVER.
    3. SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OF CERTAIN WARRANTIES OR THE LIMITATION OR EXCLUSION OF LIABILITY FOR CERTAIN TYPES OF DAMAGES. THEREFORE, SOME OF THE ABOVE LIMITATIONS IN THIS SECTION MAY NOT APPLY TO YOU. NOTHING IN THESE TERMS OF USE SHALL AFFECT ANY NON-WAIVABLE STATUTORY RIGHTS THAT APPLY TO YOU.
  1. Miscellaneous
    1. Governing Law. These Terms of Use shall be governed by and construed in accordance with the laws of the state of Pennsylvania, U.S.A. without regard to conflict of laws provisions. These terms will not limit any consumer protection rights that you may be entitled to under the mandatory laws of your state of residence.
    2. Unsolicited Materials. The Himalayan Institute does not accept unsolicited materials or ideas for Himalayan Institute content, and is not responsible for the similarity of any of its content or programming in any media to materials or ideas transmitted to the Himalayan Institute. Should you send any unsolicited materials or ideas, you do so with the understanding that no additional consideration of any sort will be provided to you, and you are waiving any claim against the Himalayan Institute and its affiliates regarding the use of such materials and ideas, even if material or an idea is used that is substantially similar to the material or idea you sent.
    3. Feedback. The Himalayan Institute is free to use any comments, information, ideas, concepts, reviews, or techniques or any other material contained in any communication you may send to us (“Feedback”), including responses to questionnaires or through postings to the Himalayan Institute service, including the Himalayan Institute website and user interfaces, worldwide and in perpetuity without further compensation, acknowledgement or payment to you for any purpose whatsoever including, but not limited to, developing, manufacturing and marketing products and creating, modifying or improving the Himalayan Institute service. In addition, you agree not to enforce any “moral rights” in and to the Feedback, to the extent permitted by applicable law.
    4. Customer Support. To find more information about our service and its features, or if you need assistance with your account, please contact our support team at [email protected] In the event of any conflict between these Terms of Use and information provided by Customer Service or other portions of our website, these Terms of Use will control.
    5. Survival. If any provision or provisions of these Terms of Use shall be held to be invalid, illegal, or unenforceable, the validity, legality and enforceability of the remaining provisions shall remain in full force and effect.
    6. Changes to Terms of Use and Assignment. The Himalayan Institute may, from time to time, change these Terms of Use. Such revisions shall be effective immediately; provided however, for existing members, such revisions shall, unless otherwise stated, be effective 30 days after posting. We may assign our agreement with you to any affiliated company or to any entity that succeeds to all or substantially all of our business or assets related to the applicable Himalayan Institute service.
    7. Communication Preferences. We will send you information relating to your account (e.g. payment authorizations, invoices, changes in password or Payment Method, confirmation messages, notices) in electronic form only, for example via emails to your email address provided during registration. You agree that any notices, agreements, disclosures or other communications that we send to you electronically will satisfy any legal communication requirements, including that such communications be in writing.
    8. In agreeing to participate in live content, you consent to the use of your voice, image, name, and/or likeness in both the content’s live Zoom recordings, and in the finished course multimedia files. You waive any right to royalties or other compensation arising from or related to the use of your voice, image, name, and/or likeness, and understand that this material may be used in perpetuity both with respect to the content and the Himalayan Institute platform.