Effective date: January 19, 2017
1. DISCLAIMERS. ALL OF THE CONTENT AVAILABLE BY MEANS OF THE SERVICES, INCLUDING TEXT, IMAGES, VIDEO, PODCASTS, BOOKS AND OTHER MATERIALS, WHETHER AVAILABLE DIRECTLY ON THE SERVICES, DOWNLOADED OR PURCHASED FROM THE SERVICES, OR ACCESSED BY A LINK (“LINKED CONTENT”) ON THE SERVICES (COLLECTIVELY, “CONTENT”), IS PROVIDED FOR INFORMATIONAL PURPOSES ONLY. NONE OF THE CONTENT IS MEANT AS MEDICAL ADVICE OR TO SUBSTITUTE FOR IN-PERSON TREATMENT OR THERAPY FROM A QUALIFIED PHYSICIAN, PSYCHOTHERAPIST OR OTHER HEALTHCARE PROVIDER. IF YOU HAVE A HEALTH-RELATED EMERGENCY, SEEK IMMEDIATE MEDICAL ATTENTION. WE DO NOT RECOMMEND OR ENDORSE SPECIFIC THERAPISTS, PRODUCTS, PROCEDURES, OPINIONS, OR OTHER INFORMATION THAT MAY BE INCLUDED IN THE CONTENT, INCLUDING IN ANY LINKED CONTENT. ALTHOUGH WE SEEK TO PROVIDE USEFUL INFORMATION FROM RELIABLE SOURCES, WE MAKE NO REPRESENTATIONS OR WARRANTIES REGARDING THE ACCURACY OR EFFECTIVENESS OF ANY OF THE CONTENT. IF WE INCLUDE LISTINGS FOR WORKSHOPS OR OTHER PROGRAMS OFFERED BY THIRD PARTY PROVIDERS, BE ADVISED THAT WE ARE NOT RESPONSIBLE FOR, AND DO NOT ENDORSE, THE CONTENT OF SUCH PROGRAMS OR WORKSHOPS OR SUCH THIRD PARTY PROVIDERS. YOU ASSUME ALL RESPONSIBILITY AND RISK FOR YOUR USE OF THE SERVICES AND THE CONTENT. WE DO NOT WARRANT THAT THIS OR ANY WEBSITES TO WHICH WE LINK, OR THEIR SERVERS OR EMAIL SENT FROM SUCH WEBSITES, ARE FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS. THE SERVICES ARE PROVIDED “AS IS” WITHOUT REPRESENTATIONS OR WARRANTIES OF ANY KIND, EITHER EXPRESS OR IMPLIED, INCLUDING WARRANTIES OF TITLE, NON-INFRINGEMENT, OR IMPLIED WARRANTIES OF MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE.
2. WHO MAY USE THE SERVICES. The Site is intended for use only by adults. You must be at least 13 to use either the Site.
3. WHAT’S NOT ALLOWED. When using the Services, you agree that you will not: (a) violate any applicable federal, state or local laws, ordinances and regulations; (b) submit or upload any content or materials (“Your Information”), if and when we provide the opportunity for you to do so on the Services, whether by means of a chatroom or other forum, as a comment to a blog, or otherwise, which (i) are unlawful, deceptive, misleading, false, harmful, fraudulent, threatening, harassing, discriminatory, libelous, defamatory, vulgar, pornographic, obscene or otherwise reasonably objectionable, (ii) invade another person’s rights of privacy or publicity, (iii) infringe or violate any intellectual property right (“Intellectual Property Right”), including patent, trademark, service mark, trade secret, copyright or other proprietary rights of any third party, or (iv) include any personal information, including names or email addresses, pertaining to someone else; (c) impersonate any person or entity, falsely state or otherwise misrepresent your affiliation with a person or entity, or include intentional inaccuracies in Your Information, including when you register on the Services; (d) violate or attempt to violate the security of the Services; or (e) infringe or violate any Intellectual Property Right or other rights of ours or our affiliates or principals.
6. INDEMNITY. You agree to indemnify and defend us and our affiliates and principals, and the respective officers, directors, owners, contractors, agents and licensors of the foregoing (collectively, the “Indemnified Parties”) and hold the Indemnified Parties harmless from and against any and all liability and costs, including reasonable attorneys’ fees, incurred by the Indemnified Parties in connection with Your Information, your use of the Content, or any breach by you of these Terms. We reserve the right, at our own expense, to assume the exclusive defense and control of any matter subject to indemnification by you.
7. LIMITATIONS OF LIABILITY. IN NO EVENT SHALL WE OR OUR AFFILIATES OR PRINCIPALS BE LIABLE FOR ANY INDIRECT, PUNITIVE, INCIDENTAL, EXEMPLARY, SPECIAL OR CONSEQUENTIAL DAMAGES ARISING OUT OF OR IN ANY WAY CONNECTED WITH YOUR USE OF OR INABILITY TO USE THE SERVICES. THE AGGREGATE LIABILITY OF US AND/OR OUR AFFILIATES AND PRINCIPALS FOR ANY DAMAGES OF ANY KIND IN CONNECTION WITH THE SERVICES SHALL BE LIMITED TO THE LESSER OF (A) THE AMOUNT, IF ANY, YOU HAVE PAID TO US IN CONNECTION WITH THE MATTER GIVING RISE TO SUCH LIABILITY, OR (B) IF YOU HAVE NOT MADE ANY PAYMENT, THE AMOUNT OF $50. SOME STATES OR JURISDICTIONS DO NOT ALLOW THE EXCLUSION OR LIMITATION OF LIABILITY FOR CONSEQUENTIAL OR INCIDENTAL DAMAGES AND THUS CERTAIN LIMITATIONS ABOVE MAY NOT APPLY TO YOU. IF THIS LIMITATION OF LIABILITY OR THE EXCLUSION OF WARRANTY SET FORTH ABOVE IS HELD INAPPLICABLE OR UNENFORCEABLE FOR ANY REASON, OUR MAXIMUM LIABILITY FOR ANY TYPE OF DAMAGES SHALL BE LIMITED TO $50.
8. CHANGES TO THESE TERMS. We may modify these Terms at any time by posting changes on the Services; however, (i) these changes will only become effective and binding with respect to you after we provide notice on the Services that these Terms have changed, and you first use the Services following the date of such posting, and (ii) the changes will only apply with respect to your use of the Services after such changes become effective. If at any time you find these Terms unacceptable and do not agree with them, you thereafter will have no right to use or access the Services.
9. DIGITAL MILLENNIUM COPYRIGHT ACT. If you believe that the Services contain content that infringes on your copyright, please forward the following information by email to firstname.lastname@example.org or by postal mail to Pomeroy Law Group PLLC, Attention: Harville Hendrix Ventures, LLC, 305 Broadway, 7th Floor, New York, NY 10007-1188 • Your address, telephone number, and email address; • A description of the copyrighted work that you claim has been infringed; • A description of where the alleged infringing material is located; • A statement by you that you have a good faith belief that the disputed use is not authorized by you, the copyright owner, its agent, or the law; • An electronic or physical signature of the person authorized to act on behalf of the owner of the copyright interest; and • A statement by you, made under penalty of perjury, that the above information in your notice is accurate and that you are the copyright owner or authorized to act on the copyright owner’s behalf.
10. MISCELLANEOUS. No joint venture, partnership, employment or agency relationship exists between you and us as a result of these Terms or your use of the Services. The person accepting these Terms on behalf of each party represents and warrants that he or she has been duly authorized by that party to accept the Agreement and thereby bind it to these terms. These Terms will be effective as of the date accepted by you.
These Terms represent the entire agreement between you and us with respect to the subject matter hereof, and supersede any and all prior understandings, statements or representations, whether electronic, oral or written, regarding such subject matter. We may assign these Terms at its discretion. You may not assign these Terms. No waiver of any obligation or right of either party will be effective unless in writing, executed by the party against whom it is being enforced. These Terms will be governed by the laws of the United States of America and the State of New York, without regard to conflict of laws rules. The parties consent to have any action or dispute between them resolved exclusively within the jurisdiction of the state or federal courts located in the State of New York. In addition to money damages, we shall be entitled to seek equitable relief where appropriate if you breach any of these Terms. These Terms are severable and may be construed to the extent of their enforceability in light of the parties’ mutual intent. The headings in these Terms are for convenience only and are not to be considered in construing it. All references in the Terms to “including” shall be deemed to mean, “including, but not limited to.” We will send any notices that are intended for you personally and not all users of the Services to the most recent email address we have on file for you. Any notice from you to us should be sent to Pomeroy Law Group PLLC, Attention: Harville Hendrix Ventures, LLC, 305 Broadway, 7th Floor, New York, NY 10007-1188.