1. Purpose of Services. The Services combine lectures and online group experiential components and activities with the intent of fostering learning and personal growth.
2. Non-therapeutic Relationship. The Services are not designed to treat any person for any physical or mental condition or illness. Facilitator(s) are not practicing psychotherapy, diagnosing, curing, or treating disorders or illnesses in the Services. You understand that Facilitator(s), although they may have clinical experience and training, are not your therapist, counselor or psychotherapist, but rather a trainer, facilitator, and educator for the Services. You understand that some experiential teachings in the Services may have therapeutic-like components but participating in any experiential is for educational purposes only.
3. Recording and Release. We may record portions of the Services. By participating by video or audio, you are irrevocably giving permission to us and its Facilitator(s), agents, employees, successors, licensees, and assigns to take and use photographs, video or sound recordings of you as part of the Services. This is completely voluntary and up to you. Your consent to the use of the photographs, video and sound recordings and your image, likeness, appearance, and voice is for forever. You will not receive compensation for the use of your image, likeness, appearance, and voice now or in the future. Facilitator(s) may use the photographs, video and sound recordings containing your image, likeness, appearance and voice in any manner or media, including use on web pages. Facilitator(s) have the right and may allow others to copy, edit, alter, retouch, revise and otherwise change the photographs, video and sound recordings. All right, title, and interest in the photographs, video and sound recordings belong solely to Facilitator(s). You acknowledge that you are fully aware of the contents of this release and are under no disability, duress, or undue influence at the time of entering into this Agreement. You agree you will not make any recordings, including audio or visual, of the Site, Content or Services.
3. Intellectual Property. The Site, the Services and the video material, audio material, text, images, graphics and other content provided or streamed on the Site or as part of the Services (collectively, the “Content”) are proprietary information belonging to the Facilitator(s) or third parties, and protected by copyright, trademark and other laws. We or others own the copyright and other rights in the Site and the Content. You may use the Site and the Content only in the manner and for the purposes specified in this Agreement. You will not use, copy or distribute Content without prior written permission.
4. Use of the Site and Content. You may only make noncommercial uses of the Site and the Content. You may access the Content for your own personal use. In addition, you may download any Content for which a downloading option is offered on the Site. You may not retransmit, publish, distribute, display or otherwise make available any of the Content to others. In no event may you alter or modify the Content, including, without limitation, by adding any advertisement or other material or by interfering with the viewing of any Content. You agree to retain all copyright and other notices on any Content you obtain from the Site or as part of the Services. All rights in the Site, Services and the Content that are not expressly granted are reserved. You agree to use the Site, Services and the Content only in ways that comply with all applicable laws, as well as with this Agreement, and that do not infringe or violate anyone’s rights. We respect the intellectual property rights of others. If you believe your copyright has been violated on the Site, please notify our designated agent under the Digital Millennium Copyright Act (see 17 U.S.C. §512(c)(3) for further information): US That contact information pertains only to notifications of claimed infringement. Links on the Site to third-party web sites are provided solely as a convenience to you. We do not approve or endorse the content of linked third-party sites, and you agree that we will have no responsibility or liability in connection with your use of any linked third-party sites.
5. DISCLAIMERS OF WARRANTIES.
a)You expressly understand and agree that the Site, the Content, and your participation in the Services, is at your own risk. THE SITE, THE CONTENT, AND THE SERVICES ARE PROVIDED “AS IS” AND WITHOUT WARRANTIES OF ANY KIND, EITHER EXPRESS OR IMPLIED. US AND THE FACILITATOR(S) DISCLAIM ALL WARRANTIES RELATED TO SITE, THE CONTENT, AND THE SERVICES, EXPRESS OR IMPLIED, INCLUDING BUT NOT LIMITED TO IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE, COMPATIBILITY, SECURITY, ACCURACY, NON-INFRINGEMENT, AND ANY WARRANTIES IMPLIED BY ANY COURSE OF PERFORMANCE OR USAGE OF TRADE.
b)You expressly understand and agree that Facilitator(s) do not warrant or make any representations or guarantees regarding the results, outcome, experience or effect on you of the Site, the Content, or your participation in the Services.
6. Indemnification. You agree to indemnify, hold harmless and defend Us, the Facilitator(s), and each of their agents, contractors, affiliates, representatives, and partners from and against any and all losses, damages, reasonable costs (including reasonable attorneys’ fees and expenses), liabilities or expenses arising from: (a) your use of the Site or Content, your participation in the Services, and any content you provide, as applicable, (b) your failure to comply with this Agreement, (c) any harm, outcomes or effects resulting from your participation in the Services or actions you may take as a result of your participation, or (d) any other matter in relation to Us, the Site, Content, Services or this Agreement. Us and the Facilitator(s) reserve the right to assume sole control of any matter otherwise subject to indemnification by you under this Section 1. You agree in such circumstances to assist and cooperate fully with Us and the Facilitator(s) in asserting any available defenses at your expense. You and/or your estate hereby indemnifies Us and the Facilitator(s) against any claim by any person arising directly or indirectly from your death, injury, loss or damage suffered by you, allegedly caused or contributed to by an act or omission of Us or the Facilitator(s) and each of their directors, officers, employees, agents, representatives, contractors, consultants and agents.
7. Limitation of Liability.
a)YOUR USE OF THE SITE AND CONTENT, AND ANY PARTICIPATION IN THE SERVICES IS AT YOUR OWN RISK. YOU HEREBY AGREE TO BE RESPONSIBLE FOR YOUR OWN HEALTH AND WELFARE AND ASSUME ALL RISKS OF EMOTIONAL DISCOMFORT OR TRAUMA, PERSONAL INJURY OR DEATH. You acknowledge and agree that neither Facilitator(s) are responsible for and have no duty to take action regarding: (a) the Site, Content or your participation in the Services, (b) any physical or psychological harm or personal injury resulting from your participation in the Services, or (c) any outcomes or actions you take as a result of having been exposed to the Site, Content, or the Services. You hereby release Us and the Facilitator(s) of any and all liability arising out of the Site, Content, or the Services.
b)You acknowledge and agree that, to the maximum extent allowed by law, Us and the Facilitator(s), and each of their agents, contractors, affiliates, representatives, and partners shall not be liable to you, or any third person as a result of your violation of this Agreement, under contract, tort, strict liability, negligence or any other legal or equitable theory for any direct, indirect, incidental, special, consequential, exemplary or punitive damages, or any other damages whatsoever, including but not limited to, damages for loss of profits, goodwill, use, data or other intangible losses (even if they have been advised of the possibility of such damages), arising out of, or resulting from: (a) your participation in the Services, your use of the Site or Services, or actions you may take as a result of the same, (b) access to or inability to access the Site or any Content or Services; (c) violation of this Agreement; (d) infringement of any intellectual property or other right of any person or entity; (e) for breach of any representations and warranties in this Agreement; and (f) any other matter relating to the Site, Content or Services.
c)You expressly agree that in no circumstances shall the collective liability of US and the facilitator(s), and each of their agents, contractors, affiliates, and representatives for all indirect, special, incidental, consequential, punitive, exemplary or other damages, losses, and causes of action (whether in contract, tort (including, but not limited to, negligence) or otherwise) exceed the total amount paid to US by you under this Agreement for the specific Services during which such losses occurred. Certain states do not allow the exclusion or limitation of incidental or consequential damages, so some of the above limitations and exclusions may not apply to you.
d) You expressly understand and agree that under no circumstances will US or the Facilitator(s) or their agents, contractors, affiliates, representatives, and partners be responsible for any loss or damage, including personal injury or death, resulting from your participation in the Services.
e) NOTWITHSTANDING THE OTHER PROVISIONS OF THIS AGREEMENT, IF WE OR OUR COLLABORATORS ARE FOUND LIABLE TO YOU (IN CONTRACT, TORT OR OTHERWISE) FOR ANY DAMAGE OR LOSS ARISING OUT OF OR RELATING TO THE SITE, THE CONTENT, OR SERVICES, OR YOUR USE OF THE SITE, THE CONTENT, OR SERVICES, OR AGREEMENT, OUR LIABILITY AND THE LIABILITY OF OUR COLLABORATORS SHALL IN NO EVENT EXCEED FIFTY DOLLARS ($50) IN AGGREGATE, EVEN IF THE SITE, CONTENT OR SERVICES ARE DEFECTIVE OR WE ARE NEGLIGENT OR OTHERWISE AT FAULT. THE FOREGOING LIMITATIONS SHALL APPLY TO THE FULLEST EXTENT PERMITTED BY APPLICABLE LAW.
8. YOU AND US ACKNOWLEDGE AND UNDERSTAND THAT THE DISCLAIMERS, EXCLUSIONS AND LIMITATIONS OF LIABILITY SET FORTH IN SECTIONS 5-7 FORM AN ESSENTIAL BASIS OF THE -AGREEMENT, AND THAT WITHOUT DISCLAIMERS, EXCLUSIONS AND LIMITATIONS OF LIABILITY, US WOULD NOT ENTER INTO THIS AGREEMENT WITH YOU.
9. Entire Agreement. This Agreement, together with any safety questionnaire provided to you by Us, constitutes the entire Agreement between you and Us and the Facilitator(s) with respect to the Site, the Content and Services, and supersedes any and all prior or contemporaneous oral or written discussions or agreements between the you and Us and the Facilitator(s).
10. Governing Law; Venue. You, Us and the Facilitator(s) agree that any dispute or controversy arising under or relating to this Agreement or the Site, Content or Services shall be governed by and construed in accordance with the laws of the State of Deleware excluding its conflict of law rules. You agree that any cause of action arising out of or related to this Agreement must commence within one (1) year after the cause of action arose; otherwise, such cause of action is permanently barred. You irrevocably consent to the exclusive personal jurisdiction of the state and federal courts located in Deleware for any suit or action arising from or related to this Agreement, and waive any right you may have to object to the venue of such courts.