Terms of Service
These Terms are a working draft awaiting review by a lawyer. They include a notice-and-cure period, a binding individual arbitration agreement and a class action waiver (see section 12).
1. Accepting these Terms
These Terms are an agreement between you and Dux Prana, LLC ("Dux Prana", "we", "us") about your use of duxprana.com and its pages (the "site"). By clicking "Continue with Google" to sign in, or by using the site, you agree to these Terms. If you do not agree, please do not use the site.
2. What the site is
Dux Prana is a place to share ideas, discourses and philosophy. The site is offered for general information and may change, pause or stop at any time.
3. Accounts and sign-in
Some pages let you sign in with a Google account. You must be 18 or older to sign in. Signing in confirms that you agree to these Terms and that you are 18 or older, and we record that agreement against your account.
Before using the signed-in areas, you complete a short onboarding in which Dux Prana's AI asks about you and writes your About-Me. Your About-Me is AI-written from what you say and may not always be accurate; you can read, correct, update or delete it at any time. The onboarding is not therapy or professional advice of any kind. Our Privacy Policy explains how your About-Me is kept and used.
You are responsible for keeping your Google account secure and for activity under your sign-in on this site. We may suspend or end access to signed-in areas if we believe they are being misused. Our Privacy Policy explains what we receive when you sign in.
4. Using the site responsibly
You agree not to:
- break the law or anyone else's rights while using the site;
- try to get into parts of the site, accounts or systems you are not allowed to access;
- disrupt, overload or attack the site, or use automated means to scrape it in a way that harms it;
- upload or send anything harmful, such as malware.
5. Our content
The writing, designs, names and other material on the site belong to Dux Prana or its licensors and are protected by law. You may read, share links to and quote short parts of the content with credit. Please ask us before republishing it in full or using it commercially.
6. Ideas, not professional advice
The site shares ideas and opinions. Nothing on it is legal, financial, medical or other professional advice, and you should not rely on it as such. Decide for yourself, and ask a qualified professional where it matters.
7. Accessibility
We aim to meet WCAG 2.1 Level AA. If anything on the site gets in your way, tell us and we will help. See our Accessibility Statement.
8. Disclaimers
The site is provided "as is" and "as available". To the extent the law allows, we make no promises that it will be accurate, complete, uninterrupted or free of errors, and we disclaim implied warranties such as merchantability, fitness for a particular purpose and non-infringement.
9. Limits on liability
To the extent the law allows, Dux Prana will not be liable for indirect, incidental, special, consequential or punitive damages, or for lost profits, data or goodwill, arising from your use of the site. Our total liability for any claim about the site is limited to US $100. Some places do not allow these limits, so they may not all apply to you.
10. Changes to these Terms
We may update these Terms. When we make a change that matters, we will change the version date above and ask you to agree again the next time you visit. Changes do not apply to disputes we already knew about before the change.
11. Governing law and contact
These Terms are governed by the laws of the United States and of the state in which Dux Prana, LLC is organized, without regard to conflict-of-law rules. The Federal Arbitration Act governs section 12. Questions about these Terms: Admin@duxprana.com.
12. Resolving disputes
Please read this section carefully. It affects your legal rights. It requires you to tell us about a problem and give us time to fix it, and then to resolve any remaining dispute in individual arbitration instead of in court or as part of a class.
12.1 Notice and time to fix (notice and cure)
Before you start an arbitration, a lawsuit or any other claim against us, you agree to send us a written notice and give us a chance to fix the problem.
- What to send. Your name, how we can reach you, the page or feature involved, what went wrong, and what you would like us to do. For an accessibility barrier, tell us the assistive technology or setting you were using if you can. Send it to Admin@duxprana.com with "Legal notice" in the subject.
- What we do. We will confirm we received your notice within 10 days. We then have 45 days from receiving it to fix the problem, or to make a written offer to resolve it, and to tell you what we did.
- Talking it through. During those 45 days, either of us may ask for a call to try to resolve the dispute informally. You may bring a lawyer.
- Deadlines are paused. Every legal deadline for bringing your claim is paused (tolled) from the day we receive your notice until the 45 days end. Waiting does not cost you any rights.
- If it is not resolved. After the 45 days, you may start arbitration under section 12.2 or go to small claims court under section 12.5.
We follow the same steps before bringing a claim against you. Nothing in this section stops you from asking us for an accessible format or an accommodation at any time, or from reporting a concern to a government agency.
12.2 Binding individual arbitration
Any dispute between you and us that is not resolved under section 12.1 will be decided by binding arbitration of your individual claim, not in court, except as section 12.5 allows. The arbitration is run by the American Arbitration Association under its Consumer Arbitration Rules. We pay the arbitration fees those rules require a business to pay. The arbitrator may award any individual relief a court could award for your individual claim.
12.3 Class action waiver
You and we each agree to bring claims only in an individual capacity, and not as a plaintiff or class member in any class, collective or representative proceeding. The arbitrator may not combine more than one person's claims.
12.4 Many similar claims at once
If 25 or more similar demands for arbitration are filed against us by the same lawyers or coordinated groups, they will be handled in batches of up to 10. Each batch goes to one arbitrator, with one set of fees for that batch. The first batch is decided before the next one starts, and both sides will try to resolve the rest in good faith using those results. The deadline pause in section 12.1 continues while a claim waits for its batch.
12.5 Small claims court
Either of us may bring an individual claim in small claims court instead of arbitration, as long as the claim stays there and qualifies for it.
12.6 Your right to opt out of arbitration
You may opt out of sections 12.2 to 12.4 by emailing Admin@duxprana.com within 30 days after you first accept these Terms. Opting out does not affect any other part of these Terms, including the notice-and-cure step.
12.7 Rights you keep
This section changes where and when a dispute is decided. It does not take away any right that the law says cannot be waived by contract, including rights under the Americans with Disabilities Act and the California Consumer Privacy Act. Where the law does not allow a claim for public injunctive relief to be arbitrated, that claim may go to court after the individual claims are decided in arbitration.
12.8 If part of this section is unenforceable
If a court decides that the class action waiver in section 12.3 cannot be enforced for a claim, that claim must proceed in court and not in arbitration. If any other part of this section is unenforceable, the rest of it still applies.