TERMS AND CONDITIONS
The information of this website is generic in nature and we take no responsibility for its usage. By accessing and using this website you acknowledge that you have read these conditions and agree, without limitation, to be bound by them. Please also review our privacy policy which also governs your visit and us of this website. If you do not agree with any of these terms, please do not use this website.
General Use Restrictions
You are authorized to use the materials at this website and Facebook site and group (collectively referred to as “Site”) only for your personal, non-commercial use. You may not modify the materials at this Site in any way or reproduce or publicly display, perform, or distribute or otherwise use them for any public or commercial purpose. The materials at this Site are copyrighted and any unauthorized use of any materials at this Site may violate copyright, trademark and other laws. You may not frame or use framing techniques to enclose any trademark, logo, or other proprietary information (including text, images, page layout) of the Site without express written consent. If you breach any of these Terms your authorization use this Site automatically terminates and you must immediately destroy any downloaded or printed materials. You agree that these Terms are supported by reasonable and valuable consideration, the receipt and adequacy of which you hereby acknowledge, including, without limitation, your access to and use of the Site and data, materials and information available at or through the Site.
If you are under 18 you may use this Site only with the involvement of a parent or guardian. We reserve the right to refuse service, terminate accounts, remove or edit content, or cancel orders in our sole discretion.
Disclaimers
THIS SITE AND THE INFORMATION CONTAINED WITHIN IT ARE PROVIDED ON AN “AS IS” BASIS, WITH NO WARRANTIES OF ANY KIND WHATSOEVER, EITHER EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO ANY WARRANTIES OF TITLE OR ACCURACY OR ANY IMPLIED WARRANTIES OF MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE. USE OF THIS SITE AND THE INFORMATION THEREIN IS AT THE USER’S SOLE RISK. WE DO NOT WARRANT THAT THE FUNCTIONS CONTAINED IN ANY CONTENT WILL BE UNINTERRUPTED OR ERROR FREE, THAT DEFECTS WILL BE CORRECTED, OR THAT THE SITE 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.
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 OR 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. IN NO EVENT SHALL OUR TOTAL LIABILITY TO YOU FOR ALL LOSS, COST, DAMAGE, LIABILITY OR EXPENSE (INCLUDING ATTORNEYS FEES AND COSTS) THAT YOU MAY SUFFER OR INCUR, UNDER ANY THEORY OF LIABILITY IN CONTRACT, TORT (INCLUDING BUT NOT LIMITED TO, NEGLIGENCE) OR OTHERWISE EXCEED THE LESSER OF THE AMOUNT PAID BY YOU, IF ANY, FOR THE TO ACCESS OR PARTICIPATE IN ANY ACTIVITY RELATED TO THE SITE OR $100.00 USD.
Medical Disclaimer
THE SITE AND PRODUCTS/SERVICES CONTAINED THEREON ARE NOT SUBSTITUTES FOR THE ADVICE AND TREATMENT OF A LICENSED HEALTH CARE PROFESSIONAL. NOT ALL PRODUCTS AND SERVICES ARE SUITED FOR EVERYONE. WE DO NOT ASSUME, AND SHALL NOT HAVE, ANY LIABILITY TO USERS FOR INJURY OR LOSS IN CONNECTION THEREWITH. WE MAKE NO REPRESENTATIONS OR WARRANTIES AND EXPRESSLY DISCLAIM ANY AND ALL LIABILITY CONCERNING ANY TREATMENT OR ANY ACTION FOLLOWING THE INFORMATION OFFERED OR PROVIDED WITHIN OR THROUGH THE SITE. IF YOU HAVE SPECIFIC CONCERNS OR A SITUATION IN WHICH YOU REQUIRE PROFESSIONAL OR MEDICAL ADVICE YOU SHOULD CONSULT WITH AN APPROPRIATELY TRAINED AND QUALIFIED SPECIALIST, SUCH AS A LICENSED PSYCHOLOGIST, PHYSICIAN OR OTHER HEALTH PROFESSIONAL. NEVER DISREGARD THE MEDICAL ADVICE OF A PSYCHOLOGIST, PHYSICIAN OR OTHER HEALTH PROFESSIONAL OR DELAY IN SEEKING SUCH ADVICE, BECAUSE OF THE INFORMATION OFFERED OR PROVIDED WITHIN OR THROUGH THE SITE.
Release of Liability and Indemnity
YOU ACKNOWLEDGE THAT YOU HAVE CAREFULLY READ THIS WAIVER AND RELEASE AND FULLY UNDERSTAND THAT IT IS A RELEASE OF LIABILITY. YOU EXPRESSLY AGREE TO RELEASE AND DISCHARGE ALL INDEMNIFIED PARTIES (AS DEFINED BELOW) FROM ANY AND ALL CLAIMS OR CAUSES OF ACTION AND YOU AGREE TO VOLUNTARILY GIVE UP AND IRREVOCABLY WAIVE AND RELEASE ANY RIGHT THAT YOU MAY OTHERWISE HAVE TO BRING A LEGAL ACTION AGAINST ANY INDEMNIFIED PARTY FOR PERSONAL INJURY OR PROPERTY DAMAGE.
YOU HEREBY AGREE TO INDEMNIFY, DEFEND, AND HOLD US, AND OUR LICENSORS, LICENSEES, SUCCESSORS, DISTRIBUTORS, AGENTS, REPRESENTATIVES AND OTHER AUTHORIZED USERS, AND EACH OF THEIR RESPECTIVE OFFICERS, DIRECTORS, OWNERS, MANAGERS, MEMBERS, EMPLOYEES, AGENTS, REPRESENTATIVES AND ASSIGNS (COLLECTIVELY THE “INDEMNIFIED PARTIES”), HARMLESS FROM AND AGAINST ANY AND ALL LOSS, COST, DAMAGE, LIABILITY AND EXPENSE (INCLUDING, BUT NOT LIMITED TO, SETTLEMENT COSTS AND LEGAL OR OTHER FEES AND EXPENSES) SUFFERED OR INCURRED BY ANY OF THE INDEMNIFIED PARTIES ARISING OUT OF, IN CONNECTION WITH OR RELATED TO ANY BREACH OR ALLEGED BREACH BY YOU OF THESE TERMS OF USE.
THE LIMITATIONS, EXCLUSIONS AND DISCLAIMERS HEREIN AND ELSEWHERE IN THESE TERMS OF USE APPLY TO THE MAXIMUM EXTENT PERMITTED BY LAW.
Information on the Site
The information and materials contained in this site (including these terms and conditions) are subject to change without notice. We may discontinue or make changes to the content of this site and the network at any time. Any dated information included in this site is current at the date of publication only, and we will not have any obligation or responsibility to update or amend such information.
We shall not be responsible for the use of any information contained on this Site and you must make your own determination as to its suitability and completeness for your use.
Protection of Password and ID
We may assign a password and account ID to you so that you can access and use certain areas of the Site. Each user who uses such assigned password and ID shall be deemed to be authorized by you to access and use the Site and we shall have no obligation to investigate the authorization or source of any such access and use. YOU ACKNOWLEDGE AND AGREE THAT AS BETWEEN YOU AND US YOU WILL BE SOLELY RESPONSIBLE FOR ALL ACCESS TO AND USE OF THE SITE BY ANYONE USING THE PASSWORD AND ID ASSIGNED TO YOU WHETHER OR NOT SUCH ACCESS TO AND USE OF THE SITE IS ACTUALLY AUTHORIZED BY YOU, INCLUDING ALL COMMUNICATIONS AND TRANSMISSIONS AND ALL OBLIGATIONS (INCLUDING FINANCIAL OBLIGATIONS FOR PURCHASES THROUGH THE SITE) THAT MAY RESULT FROM SUCH ACCESS OR USE.
You are solely responsible for protecting the security and confidentiality of the password and ID assigned to you. You shall immediately notify us of any unauthorized use of the assigned password or ID, or any other breach or threatened breach of the Site’s security of which you are aware. You will be responsible for any activity conducted under your assigned password or ID.
Electronic Communication and Credit Card Payments
You agree to receive notices, disclosures, terms and conditions of any agreements, communications, and documents (“Communications”) electronically. We may send you Communications by email or by posting notices on the Site. You agree that Communications provided electronically satisfy any legal requirement that such Communications be in writing, and to be bound by any affirmation, assent or agreement you may transmit through this Site. When you click on “I agree”, I consent” or another similarly worded “button” or entry field, such agreement will be legally binding and enforceable as the legal equivalent or a handwritten signature.
If you have elected to pay by credit card, and we do not receive payment from the credit card issuer, you agree to pay all amounts due us immediately upon demand. Each time you use the Site you agree that we are authorized to charge your designated credit card account for the applicable rate for the Site then in effect. You must notify us of any changes to your card account, billing address or any other changes that may prevent us from charging your account.
User Submissions
We do not want to receive confidential or proprietary information from you through this Site. Any material, photographs, information, documents, posts or other communication (“Content”) you transmit or post to this Site will be considered non-confidential and non-proprietary. We will have no obligations with respect to the Content. We will be free to copy, disclose, distribute, incorporate and otherwise use the content and all data, images, sounds, text and other things embodied therein for any and all commercial or non-commercial purposes. Personally identifiable information that you submit to us for the purposes of receiving products or services will be handled in accordance with our Privacy Policy. You are prohibited from posting or transmitting to or from this Site any unlawful, threatening, libelous, defamatory, obscene, pornographic or other material that would violate any law.
Links to Third Party Websites
Links to other websites may be provided from this Site. In those circumstances, we have no control over the content of those third party websites. We make no express warranties concerning the content of those other sites. In particular, we do not warrant the accuracy, completeness or reliability of those sites for a particular purpose, nor do we warrant that such sites or their content are accurate, complete, current, or free of defects including but not limited to, viruses or other harmful elements. The user of this site will assume all risks and costs arising from the use of any website linked to this site.
Applicable Law
These Terms and Conditions shall be construed and governed by the laws of the state of Tennessee without regard to the principles of conflicts of law. Further, any dispute arising from these Terms or a breach of any agreement between us and you will be governed by the laws of the state of Tennessee. These Terms will not be governed by the UN convention on Contracts for the International Sale of Goods. As a user of this website and our services you submit to the exclusive jurisdiction of the courts of the Eastern District of Tennessee.
PORTAL
Your participation in Site Portals and Facebook groups is governed by these Terms.
We ask you to treat others with respect and kindness in the Private Cultivating Self-Compassion Facebook Groups. The Cultivating Self-Compassion Facebook group is not to be used as a portal for self- or business-promotion and failure to adhere to these guidelines may result in a written warning or removal from the group. This includes the harvesting of members both publicly and privately to recruit to other communities, products or services;
You are not permitted to copy, print, distribute or promote the content within the Facebook group or Portal without prior written approval.
Legal action will be taken against offending parties relating to these terms of Portal.