1. These Terms of Service (“Terms”) are a legal agreement between You (or “you”) and Navigating with Nour LLC. ("Company"," us", " our", and " we") and govern your use of all Servicesthat we may make available to you, including our Services and any services,plug-ins, software, digital and/or physical goods, consultations, coaching, or anything else that we mayprovide that is within our control, (collectively the “Services”). By visiting, accessing, using, and/or joining (collectively “Using” or“using”) the Services, you acknowledge and accept these Terms.Certain features of the Services may be subject to additional guidelines,terms, or rules, which will be posted on the Services in connection with suchfeatures. All such additional terms, guidelines, and rules are incorporated byreference into these Terms.
2. IF YOU DO NOT AGREE TO THESE TERMS, DO NOT CLICK “AGREE,” OR DO NOT OTHERWISE USE THE SERVICES.
3. Asused in these Terms:
a. "Company"means Navigating with Nour LLC
b. navigatingwithnour.com
c. For the avoidance of doubt, Company LLC is alimited liability corporation, and under these, references to"Company" shall be understood to mean Navigating with Nour LLC as anentity, and not any individual associated with or representing the Company.
4. Nature of the Services:
a. We providewellbeing coaching/training/guidance services and sale of wellbeing digital and physical goods. Wellbeing is used as a generalterm to encompass personal growth, relationship growth, resilience,self-awareness, positive change, navigating life with clarity, and otherwellbeing related aspects. Additionally, we offerfor sale services, digital and physical goods.
b. Among other techniques, we utilizeevidence-based strategies, coaching techniques, motivational techniques,support and accountability, and personalized action plans to empower clients ontheir wellbeing journey.
c. Our services may include but are not limited toone-on-one coaching sessions or consultations, group coaching, workshops, personalizedgoal setting, lifestyle assessments, behavior change strategies, stressmanagement techniques, ongoing support and accountability, and other.
d. TheseTerms regulate the access to any and all of the Services offered by Company aswell as their use by You. However, some Services or content offered by Companyare or may be subject to "Particular Conditions of Use”, which may add orreplace these current Terms regarding the use of the specific service to whichthey refer. Prior to a subscription of a service or other specified agreementbetween the parties, You may have access to negotiate specific conditions ifYou and Company deems appropriate, such as for establishing a CoachingAgreement.
5. Eligibility.
a. You must be at least eighteen (18) years of ageto use the Services, unless the age of majority in your jurisdiction is greaterthan eighteen (18) years of age, in which case you must be at least the age ofmajority in your jurisdiction (e.g., twenty-one (21)), otherwise you must haveverifiable parental or guardian consent. If you are under the applicable age ofmajority and do not have verifiable parental or guardian consent, you shall notuse and are not permitted to use the Services and you must immediately leavethe Services. By Using the Services, you represent and warrant that you havereached at least the age of eighteen (18) and the age of majority in your jurisdictionor have verifiable parental or guardian consent. We maintain a zero-tolerancepolicy for anyone under the age of majority on our Services who does not haveverifiable parental or guardian consent.
b. Use of the Services is not permitted whereprohibited by law. If you are unsure of your eligibility or other legalrequirements under these Terms, please contact your attorney prior to using theServices.
c. In order to use the Services, You must createan account with us (an “Account”) to use the Services to their fullest extentand this will require you to provide information such as email, name, and otherinformation we can use to better organize and identify your Account. Yourepresent and warrant that all information that you provide to us in creatingyour Account is complete and accurate. You shall also update such informationwhen it changes. You shall not use another person’s Account and shall not allowanother person to use your Account. You are required to keep your passwords andaccess credentials confidential and not share them with anyone.
d. You are solely responsible for maintaining theconfidentiality of and restricted access to your Account and are solelyresponsible for all acts and omissions under your Account. You shall notify usimmediately of any breach of security or unauthorized use of your Account.
e. Pursuant to the Terms herein, we shall not beliable for any losses resulting from any unauthorized use of your Account.
f. You are entirely responsible for any and allmaterials (including text) that you submit, upload, or otherwise make availablevia the Services, including any communications or information (collectively,“Submissions”). You agree that any disclosure of information in Submissions maymake you personally identifiable and there is no guarantee such Submissions canbe withdrawn.
6. Intellectual Property.
a. “IP” means but is not limited to trademarks,service marks, patents, copyrights, privacy and publicity rights, words,graphics, logos, and any and all intellectual property the Services may containour IP as well as IP of our affiliates or other companies, provided to You oranyone in connection with the Services. Your use of our Services does notconstitute any right or license for you to use such IP. Our Services are alsoprotected under applicable IP laws, included but not limited to those of theUnited States and the European Economic Area, Switzerland, and the UnitedKingdom (collectively “EEA”). The copying, redistribution, use, or publicationby you of any portion of our Services is strictly prohibited. Your use of ourServices does not grant you ownership rights of any kind in our Services. Wereserve all rights not expressly granted to You in these Terms.
b. Except for the limited rights and licensesexpressly granted under these Terms, nothing in these Terms grants, byimplication, waiver, estoppel, or otherwise, to You or any third party any IPrights or other interest in or to the IP.
c. The Content (defined as any text, software,scripts, graphics, photos, sounds, music, videos, audiovisual combinations,interactive features, textual content, and any and all other materials You mayview or get exposed to on the Services).
d. You shall not to copy, modify, publish,transmit, distribute, participate in the transfer or sale of, create derivativeworks of, or in any other way exploit, in whole or in part, any Content.
e. Copyright Claims.
i. You may not infringe the IP rights of anyparty. We may in our sole discretion remove any Content or Submissions we havereason to believe violates any of the IP rights of others and may terminateyour use of the Services if you submit any such Content or Submissions.
ii. We comply with the Digital Millennium CopyrightAct. Pursuant to Title 17, Section 512 of the United States Code as well asother applicable IP laws, including but not limited to those in the EEA. If youbelieve your copyrighted material is being infringed by the Services, youshould notify us at contact@navigatingwithnour.com.
iii. Notification of claimed infringement must be awritten communication that includes substantially the following:
1. Identificationof the material that is believed to be infringing. Please describe the materialand provide a URL or any other relevant information that will allow us tolocate the material on the Services; Information that will allow us to contactyou, including your email address, address, and telephone number; and
2. A statement that you have a good faith beliefthat the use of the material complained of is not authorized by you, your agentor the law; A statement that the information in the notification is accurateand that under penalty of perjury that you are the owner or are authorized toact on behalf of the owner.
f. All trademarks, logos and service marksdisplayed on the website, in the Service, or otherwise accessible are our IP.This includes but is not limited to what we may present, post, or otherwisemake available on social media sites and platforms. You are not permitted touse this IP without our prior written consent.
7. License.
a. We grant you a revocable, non-exclusive,non-transferable, and limited license to use the Services (“License”), subjectto the restrictions of the Services and these Terms, on your computer,smartphone, tablet, or other device (“Device”) consistent with these Terms. Youmay only access and use the Services for your personal use and shall not usethem for any commercial use. This License is terminable by us at will for anyreason, within our sole discretion, with or without prior notice to you.
b. Upon termination, your License to use theServices shall terminate and You agree not to use or attempt to use theServices after said termination.
8. Submissions.
a. You shall be solely responsible for any and allof your own Submissions and any and all consequences resulting from them. Forany of your Submissions, you represent and warrant that You:
i. have the necessary rights and permissions touse and authorize us to use all IP in and to Submissions for any and all usescontemplated by these Terms;
ii. shall not submit material that:
1. Is subject to third-party IP rights, unless you have explicit permission to submitthe material and to grant us all of the license rights granted herein;
2. Is illegal, unlawful, defamatory, fraudulent,libelous, harmful, harassing, abusive, threatening, hateful, racially orethnically offensive, inflammatory, or otherwise inappropriate as decided by usin our sole discretion;
3. Depicts illegal activities, promotes or depictsphysical harm or injury against any group or individual, or promotes or depictsany act of cruelty to animals;
4. Impersonates another person or entity orotherwise misrepresents you, including creating a false identity;
5. Would constitute, encourage or provideinstructions for a criminal offense, a violation of the rights of any party, orthat would otherwise create liability or violate any local, state, national orinternational law; or is unsolicited or unauthorized advertising, promotion,“spam” or any other form of solicitation.
b. We claim no ownership or control overThird-Party Content. You retain all IP rights to Submissions and you areresponsible for protecting those rights. You irrevocably grant us a world-wide,non-exclusive, royalty-free, perpetual, non-cancelable, sub-licensable licenseto reproduce, publicly display, distribute, modify, publish, translate, createderivative works of and otherwise leverage Submissions for any purpose,including without limitation any purpose contemplated by these Terms. Theforegoing includes a right to grant other users of the Services a right andlicense to display, stream and download Submissions in connection with theiruse of the Services and for other personal use. You also irrevocably waive andcause to be waived against us and any of our users any claims and assertions ofmoral rights or attribution with respect to Submissions.
c. You represent and warrant that you have all therights, power and authority necessary to grant the rights granted herein toSubmissions. Specifically, you represent and warrant that you own the title tothe Submissions, that you have the right to submit the Submissions to theServices, and that submitting the Submissions will not infringe upon any otherparty’s rights or your contractual obligations to other parties.
d. You acknowledge that we may at our solediscretion refuse to publish, remove, or block access to any Submission for anyreason, solely within our discretion, with or without notice.
9. Content.
a. You understand and acknowledge that, when usingthe Services, you may be exposed to content from a variety of sources outsideof our control (collectively, “Third-Party Content”) and that we do not controland are not responsible for any Third-Party Content.
b. You understand and acknowledge that we may butare not obligated to monitor the Services for inappropriate content or conduct.If at any time we choose, in our sole discretion, to monitor such content, weassume no responsibility for such content, have no obligation to modify orremove any such content (including Submissions and Third-Party Content), andassume no responsibility for the conduct of others submitting any such content(including Submissions and Third-Party Content).
c. Without limiting the provisions below onlimitations of liability and disclaimers of warranties, all Content (includingThird-Party Content) on the Services is provided to you “AS-IS” for yourinformation and personal use only and you shall not use, copy, reproduce,distribute, sell, license or otherwise exploit for any other purpose whatsoeverthe Content without the prior written consent of the respectiveowners/licensors of the Content.
d. No Support or Maintenance. You acknowledge andagree that Company will have no obligation to provide you with any support ormaintenance in connection with the Services.
e. Youacknowledge that we may at our sole discretion refuse to publish, remove, orblock access to any Content for any reason, solely within our discretion, withor without notice.
f. What you enter into the Services may result inan output generated by the Services based on your inputs (“Content”).
g. Use of Content to Improve Services. To help Usprovide and maintain the Services, you agree that we may use Content to developand improve the Services.
h. Disclaimer.
i. The linkscontained in the Services to access to other websites are included because theyare considered to be of interest to You, without this implying the existence ofany relationship, promotion or professional relation between Company and theowners of these referred third websites. Company has no control over thesethird websites, and is therefore not responsible for the content, the servicesoffered or the state of these websites.
ii. Companyprovides You, through different tools and applications, with links that allowYou to access to the channels and pages of the Services that Company maintainson different platforms and social networks belonging to and/or managed by thirdparties. The inclusion of these links on the Services is for the sole purposeof providing You with access to these channels on the different platforms andsocial networks. The use of reference of these applications does not imply theexistence of any relationship between Company and the owner, manufacturer ordistributor of the linked platform, nor the acceptance and approval by Companyof its contents and/or services, the owner, manufacturer or distributor beingsolely responsible for them.
10. Prohibited Uses.
a. We authorize your use of these Services onlyfor permitted purposes and solely for your own benefit and in accordance withthe terms and conditions of these Terms. Any other use is prohibited and,therefore, violates of the Terms and may lead to the deletion of your Account.
b. You will not (and will not permit any thirdparty to):
i. rent, lease, provide access to or sublicensethe Services to a third party;
ii. use the Services to provide, or incorporate theServices into, any product or service provided to a third party;
iii. reverse engineer, decompile, disassemble, orotherwise seek to obtain the source code or non-public APIs to the Services,except to the extent expressly permitted by applicable law;
iv. copy or modify the Services, or create anyderivative work from any of the foregoing;
v. remove or obscure any proprietary or othernotices contained in the Services; or
vi. publicly disseminate information regarding theperformance of the Services.
11. Confidentiality.
You (as "ReceivingParty") agree that all content, code, inventions, know-how, business,technical and financial information, and any other material it obtains from Company("Disclosing Party") constitute the confidential property of theDisclosing Party ("Confidential Information"), provided that it isidentified as confidential at the time of disclosure or should be reasonablyknown by the Receiving Party to be confidential or proprietary due to thenature of the information disclosed and the circumstances surrounding thedisclosure. Any Company content, documentation, technology, performanceinformation relating to any Service, and the terms and conditions of theseTerms will be deemed Confidential Information of Company without any marking orfurther designation. Except as expressly authorized herein, the Receiving Partywill (1) hold in confidence and not disclose any Confidential Information tothird parties and (2) not use Confidential Information for any purpose otherthan fulfilling its obligations and exercising its rights under these Terms.The Receiving Party may disclose Confidential Information to its employees,agents, contractors and other representatives having a legitimate need to know,provided that such representatives are bound to confidentiality obligations noless protective of the Disclosing Party than this Section 10 and that theReceiving Party remains responsible for compliance by any such representativewith the terms of this Section 10. The Receiving Party's confidentialityobligations will not apply to information that the Receiving Party candocument: (i) was rightfully in its possession or known to it prior to receiptof the Confidential Information; (ii) is or has become public knowledge throughno fault of the Receiving Party; (iii) is rightfully obtained by the ReceivingParty from a third party without breach of any confidentiality obligation; or(iv) is independently developed by employees of the Receiving Party who had noaccess to such information. The Receiving Party may make disclosures to theextent required by law or court order, provided the Receiving Party notifiesthe Disclosing Party in advance and cooperates in any effort to obtainconfidential treatment. The Receiving Party acknowledges that disclosure ofConfidential Information would cause substantial harm for which damages alonewould not be a sufficient remedy, and therefore that upon any such disclosure bythe Receiving Party the Disclosing Party will be entitled to seek appropriateequitable relief in addition to whatever other remedies it might have at law.Further, You shall not use any means, automated or otherwise, to monitor,"scrape", download, use or otherwise collect data and/or content fromthe Services, including but not limited to bots or data mining tools.
12. Your obligations.
a. You are solely responsible for the accuracy,content and legality of all data you provide. You represent and warrant to Companythat you have all necessary rights, consents and permissions to collect, shareand use all data as contemplated in these Terms and that no data will violateor infringe any Company or third-party IP rights or other laws.
b. No sensitive data. Except as otherwiseexpressly agreed between the Company and You in writing, You specifically agreenot to use the Services to collect, store, process or transmit any sensitivedata including but not limited to: payment card data, protected health data asdefined under HIPAA, or any special category data as defined under GDPR Article9.
13. Subscriptions, Fees, and Termination.
Subject to terms of a specific agreement you may have with the Company (e.g., acoaching agreement):
a. This is a subscription agreement and youacknowledge that you are obtaining only a limited right to the Services andthat irrespective of any use of the words "purchase","sale" or like terms in these Terms no ownership rights are beingconveyed to You and Company retains all right, title and interest in and to theServices, integrations with the Services, and any and all related andunderlying technology and documentation and any derivative works, modificationsor improvements.
i. Please note that in addition to these Terms,you may enter into an additional agreement with Company such as a coachingagreement or receiving items such as newsletters or similar. These may be madeavailable, in Company’s sole discretion, in coaching packages or similar.
b. In the future, and solely in Company’sdiscretion, we may provide tiers such as:
i. “Free Tier”: a free-of-charge option. In thefuture this may change to an option that is aimed at users who do not opt for afee-based tiers but may also give limited access to the Services.
ii. “Paid Tier”: We may offer such a subscriptionto the Services in the future.
c. You acknowledge that we reserve the right tocharge for any or all of our services and to change our fees from time to timein our sole discretion. If at any time we terminate your rights to use theServices because of a breach of these Terms, you shall not be entitled to arefund of any portion of your fees. In all other respects, such fees shall begoverned by additional rules, terms, conditions or agreements posted on theServices and/or imposed by any sales agent or payment processing company, as maybe amended from time to time.
d. Disputes and Late Payments. If you want todispute any Fees or Taxes, please contact contact@navigatingwithnour.com.
e. within thirty (30) days of the date of thedisputed invoice. Undisputed amounts past due may be subject to a servicecharge equal to 1.5% per month of the amount due or the maximum amount allowedby law, whichever is less. If any amount of your Fees are past due, we maysuspend your access to the Services after we provide you written notice of latepayment.
f. Price Change. We may change our prices byposting notice to your Account and/or to our Services or by otherwisecommunicating with you.
g. Taxes. You are responsible for paying alltaxes. If you are required by law to withhold any taxes, the fees payable byYou will be increased as necessary so that after making any requiredwithholdings.
h. Termination for cause. Either party mayterminate these Terms if the other party (a) fails to cure any material breachof these Terms (including a failure to pay fees) within thirty (30) days afterwritten notice; (b) ceases operation without a successor; or (c) seeksprotection under any bankruptcy, receivership, trust deed, creditors'arrangement, composition, or comparable proceeding, or if any such proceedingis instituted against that party (and not dismissed within sixty (60) daysthereafter).
i. If Your Account is thirty (30) days or moreoverdue, in addition to any of its other rights or remedies, Company reservesthe right to suspend Your access to the applicable Service without liability toYou until such amounts are paid in full.
j. Effect of termination. Upon any expiration ortermination of these Terms, You will immediately cease any and all use of andaccess to all Services and delete any Confidential Information in yourpossession. Following termination, You will have no further access to any datainput into the Service, and that Company may delete any such data as may havebeen stored by Company.
k. You may terminate your subscription and closeyour Account by emailing us at contact@navigatingwithnour.com.
l. You agree to be personally liable for any andall charges incurred by your Account, username and password until you terminateyour membership as provided herein. Upon our processing of your request tocancel your membership, you will no longer have access to the non-public areasof the Service.
m. Payment. The Services may be paid with creditcard, debit card or other payment card ("Credit Card"), by servicessuch as bank transfer, and/or Stripe Payment Gateway, or any other methodCompany makes available to you. If paying by Credit Card, the following termsapply:
i. Recurring Billing Authorization. Whereapplicable, by providing Credit Card information and agreeing to purchase anyServices, You hereby authorize Company (or its designee) to automaticallycharge Your Credit Card in order to provide the Services. You acknowledge andagree that the amount billed and charged may vary depending on Your use of theServices.
ii. Foreign Transaction Fees. You acknowledge thatfor certain Credit Cards, the issuer of Your Credit Card may charge a foreigntransaction fee or other charges.
iii. Invalid Payment. If a payment is notsuccessfully settled due to expiration of a Credit Card, insufficient funds, orotherwise, You remain responsible for any amounts not remitted to Company and Companymay, in its sole discretion, either (i) invoice You directly for the deficientamount, (ii) continue billing the Credit Card once it has been updated by You(if applicable) or (iii) terminate these Terms.
iv. Changing Credit Card Information. If applicableto You, You may change its Credit Card information by contacting us at contact@navigatingwithnour.com.
v. or other method we provide to update suchinformation.
vi. Please note that additional terms may apply ifyou use Stripe payment or other method we make available.
n. Billing Errors. If you believe that you havebeen erroneously billed, please notify us immediately of such error. If we donot hear from you within 30 days after such billing error first appears on anyaccount statement, such fee will be deemed acceptable by you for all purposes,including resolution of inquiries made by your credit card issuer. You releaseus from all liabilities and claims of loss resulting from any error ordiscrepancy that is not reported to us within 30 days of its publication.
o. REFUND POLICY. Currently, we don’t offerstandard refunds. If there’s something wrong with your order, please let usknow by contacting us at contact@navigatingwithnour.com.In limited situations, solely within our discretion, we may offer refunds suchas for physical goods for certain losses or disputes, otherwise, you assumethere are no refunds, and all sales are final. Further, depending on thirdparties through whom you acquire the Services (e.g., Google Play Store), pleasenote, those third parties may also have restrictions on attaining refunds. Yourspecific agreement with us (such as a coaching agreement) may have specificterms around refunds and in the event of a conflict, with these terms, thespecific coaching agreement shall control.
14. User Conduct.
a. You hereby expressly authorize us to monitor,record and log your use of the Services.
i. As a condition of your use of the Services, Youagree: to abide by all applicable local, state, national and international lawsand regulations, including but not limited to the laws and regulations of theUnited States its state of Wyoming as well as the laws of the Kingdom of Spain;not to use the Services in any way that exposes Company to criminal or civilliability; that you are solely responsible for all acts and omissions thatoccur as a result of your use of the Services; not to use or attempt to use anyother party’s Account on the Services without authorization.
b. We reserve the right to take appropriate actionagainst any user for any unauthorized use of the Services, including civil,criminal and injunctive redress and the termination of any user’s use of theServices.
15. Privacy.
a. Company maintains a separate Privacy Policy andyour assent to these Terms also signifies your assent to the Privacy Policy. Wereserve the right to amend the Privacy Policy at any time by posting suchamendments to the Services. No other notification may be made to you about anyamendments. Your continued use of the Services following such amendments willconstitute your acceptance of such amendments, regardless of whether you haveactually read them.
b. Youmust be at least eighteen (18) years of age to use the Services, unless the ageof majority in your jurisdiction is greater than eighteen (18) years of age, inwhich case you must be at least the age of majority in your jurisdiction (e.g.,twenty-one (21)); or you must have verifiable parental or guardian consent ifyou are under the age of majority. If you are under the applicable age ofmajority, you shall not use and are not permitted to use the Services and youmust immediately leave the Services. By Using the Services, you represent andwarrant that you have reached at least the age of eighteen (18) and the age ofmajority in your jurisdiction. We do not knowingly collect Personal Informationfrom anyone under the age of 18. If we discover that a person below 18 years ofage or younger has provided Personal Information to us, we automatically deletesuch information. If you are a parent or guardian of a minor under the ageof eighteen (18) and believe he or she has disclosed Personal Informationto us, please contact us at contact@navigatingwithnour.com.
c. Ifyou are an individual located in another jurisdiction outside of the UnitedStates (“US”) or the EEA with laws governing data processing that differ fromUS or EEA laws, please be aware that data we collect may be processed andstored in the US or EEA or in other countries where we or our service providershave operations. By submitting your data to Company, you understand andacknowledge to have your data transferred to, US or EEA or another jurisdictionwhich may not offer the same level of privacy protection as those in thecountry where you are located.
d. Please note: while the Services are intendedfor users in any country or jurisdiction that they are legally permitted, theiruse of the Services may be covered by US or EEA laws. Countries outside the USor EEA may have regulatory requirements that differ from the US or EEA and,therefore, this information may be inappropriate for use outside the US or EEA.If you are located outside the US or EEA, you are advised to consult with yourattorney prior to the use of the Services.
16. Indemnification and Release.
a. You alone are responsible for any violation ofthese Terms by you or under your Account. You agree to indemnify and hold Company,its parents, subsidiaries, affiliates, officers, agents, employees, resellersor other partners, and licensors harmless from any claim, demand, loss, ordamages, including reasonable attorneys’ fees (“Losses”), resulting from anythird-party claim, suit, action, or proceeding (“Third-Party Claim”) arisingfrom your use of the Services or from your breach of these Terms. This includesbut is not limited to any damages and third-party claims and expenses,including attorney’s fees and costs, arising from unauthorized use or harmresulting from actions from your Account.
b. You agree to defend us against any claim,demand, suit or proceeding made or brought against us by a third party arisingfrom your Submissions, including, without limitation, allegations that yourSubmissions or that your use of the Services in violation of these Termsinfringes or misappropriates the IP rights of any third party or violatesapplicable law and you shall indemnify us for any and all damages against usand for reasonable attorney’s fees and other costs incurred by us in connectionwith any such claim, demand, suit or proceeding.
c. Further, You hereby release us, our officers,employees, agents and successors-in-right from claims, demands and damages(actual and consequential) of every kind or nature, known and unknown,suspected and unsuspected, disclosed and undisclosed, arising out of or in anyway related to such disputes and/or the Services.
17. Disclaimerof Warranties and Limitations of Liabilities.
a. READ THIS SECTION CAREFULLY AS IT LIMITS OURLIABILITY TO THE MAXIMUM EXTENT PERMITTED UNDER APPLICABLE LAW.
b. The Services may contain links to third-partywebsites which are independent of us. We assume no responsibility for thecontent or practices of and make no representation or warranty as to theaccuracy, completeness or authenticity of information contained in anythird-party websites. We have no right or ability to edit the content of anythird-party websites. You acknowledge that we shall not be liable for anyliability arising from your use of any third-party websites.
c. THE SERVICES ARE PROVIDED “AS-IS” AND WITHOUTANY WARRANTY OR CONDITION, EXPRESS, IMPLIED, OR STATUTORY. WE SPECIFICALLYDISCLAIM TO THE FULLEST EXTENT ANY IMPLIED WARRANTIES OF INCLUDING BUT NOTLIMITED TO WARRANTIES OF MERCHANTABILITY, TITLE, FITNESS FOR A PARTICULARPURPOSE OR NON-INFRINGEMENT. WE DO NOT WARRANT THAT YOUR USE OF THE SERVICESWILL BE UNINTERRUPTED OR ERROR-FREE. WE DISCLAIM ANY WARRANTIES FOR VIRUSES OROTHER HARMFUL COMPONENTS IN CONNECTION WITH THE SERVICES.
d. YOU ARE AWARE THAT YOU MAY SUBMIT CONTENT TOTHE SERVICES PROTECTED HEALTH INFORMATION UNDER THE HEALTH INSURANCEPORTABILITY AND ACCOUNTABILITY ACT, 1996 OF THE USA (HIPAA), INCLUDING CONTENTRELATED TO CONDITIONS, TREATMENTS, AND MEDICATIONS. THIS IS ENTIRELY WITHINYOUR CONTROL. BY USING THE SERVCIES, YOU AGREE THAT DESPITE THESE RISKS, ANDYOU RELEASE THE COMPANY FROM ANY LIABILITY ARISING FROM SUCH RISKS.
e. YOU WILL USE THE SERVICES ONLY AS A REFERENCEAID, AND THAT SUCH INFORMATION IS NOT INTENDED TO BE (NOR SHOULD IT BE USED AS)A SUBSTITUTE FOR THE EXERCISE OF PROFESSIONAL JUDGMENT. YOU AGREE ANDACKNOWLEDGE THAT YOU WILL, AT ALL TIMES, SEEK PROFESSIONAL DIAGNOSIS ANDTREATMENT FOR ANY MEDICAL CONDITION INCLUDING BUT NOT LIMITED TO PSYCHOLOGICALONES. COMPANY GENERATED RECOMMENDATIONS ARE EDUCATIONAL PURPOSE ONLY, AND NOTTO BE USED FOR PATIENT CARE. INDIVIDUAL PHYSICIAN MUST PERFORM THROUGHEXAMINATION OF THE PATIENT AND DELIVER APPROPRIATE TREATMENTS WITHOUT DEPENDINGCOMPANY. THIS SERVICE IS DESIGNED TO OFFER YOU GENERAL INFORMATION FOREDUCATIONAL PURPOSES ONLY. YOU MUST ALWAYS SEEK THE ADVICE OF A PROFESSIONALFOR QUESTIONS RELATED TO YOUR DISEASE, DISEASE SYMPTOMS, AND APPROPRIATETHERAPEUTIC TREATMENTS. IF YOU HAVE OR SUSPECT THAT YOU HAVE A MEDICAL ORPSYCHOLIGCAL OR PSYCHIATRIC PROBLEM OR CONDITION, PLEASE CONTACT A QUALIFIEDHEALTHCARE PROVIDER IMMEDIATELY.
f. PLEASE BE ADVISED THAT COMPANY IS NOT ALICENSED PROFESSIONAL, INCLUDING BUT NOT LIMITED TO, A DOCTOR, LAWYER, OR ANYOTHER CERTIFIED EXPERT. THE INFORMATION PROVIDED BY COMPANY IS FORINFORMATIONAL PURPOSES ONLY AND SHOULD NOT BE CONSIDERED A SUBSTITUTE FORPROFESSIONAL ADVICE, DIAGNOSIS, OR TREATMENT. COMPANY DOES NOT PROVIDE MEDICAL,LEGAL, OR PROFESSIONAL SERVICES. ANY OUTPUTS GENERATED BY COMPANY ARE BASED ONPUBLICLY AVAILABLE INFORMATION AND PATTERNS WITHIN THE DATA IT HAS BEEN TRAINEDON. IT IS IMPORTANT TO CONSULT WITH QUALIFIED PROFESSIONALS FOR SPECIFICGUIDANCE TAILORED TO YOUR INDIVIDUAL CIRCUMSTANCES. WHILE COMPANY STRIVES TOPROVIDE ACCURATE AND UP-TO-DATE INFORMATION, IT DOES NOT GUARANTEE THECOMPLETENESS, ACCURACY, RELIABILITY, SUITABILITY, OR AVAILABILITY OF THECONTENT. RELIANCE ON ANY INFORMATION PROVIDED BY COMPANY IS SOLELY AT YOUR OWNRISK. IF YOU HAVE SPECIFIC CONCERNS REGARDING YOUR HEALTH, LEGAL MATTERS, ORANY OTHER PROFESSIONAL ADVICE, IT IS STRONGLY RECOMMENDED TO SEEK GUIDANCE FROMQUALIFIED PROFESSIONALS WHO CAN ASSESS YOUR UNIQUE SITUATION.
g. UNDER NO CIRCUMSTANCES SHALL WE BE LIABLE FORDIRECT, INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL OR EXEMPLARY DAMAGESRESULTING FROM ANY ASPECT OF YOUR USE OF THE SERVICES, WHETHER, WITHOUTLIMITATION, SUCH DAMAGES ARISE FROM (i) YOUR USE, MISUSE OR INABILITY TO USETHE SERVICES, (ii) YOUR RELIANCE ON ANY CONTENT ON THE SERVICES, (iii) THEINTERRUPTION, SUSPENSION, MODIFICATION, ALTERATION OR COMPLETE DISCONTINUANCEOF THE SERVICES OR (iv) THE TERMINATION OF SERVICE BY US. THESE LIMITATIONSALSO APPLY WITH RESPECT TO DAMAGES INCURRED BY REASON OF OTHER SERVICES ORPRODUCTS RECEIVED OR ADVERTISED IN CONNECTION WITH THE SERVICES.
h. WE DO NOT WARRANT THAT:
i. THE SERVICES WILL MEET YOUR REQUIREMENTS OREXPECTATIONS;
ii. THE SERVICES WILL BE UNINTERRUPTED, TIMELY,SECURE, OR ERROR-FREE;
iii. YOUR DEVICE MEETS THE REQUIREMENTS TO USE OURSERVICES. YOU ARE RESPONSIBLE FOR ENSURING YOUR DEVICE SATISFIES CERTAIN SYSTEMREQUIREMENTS;
iv. THE RESULTS THAT MAY BE OBTAINED FROM YOUR USEOF THE SERVICES WILL BE ACCURATE OR RELIABLE;
v. THE QUALITY OF ANY PRODUCTS, SERVICES,INFORMATION, CONTENT OR OTHER MATERIAL OBTAINED THROUGH THE SERVICES WILL MEETYOUR REQUIREMENTS OR EXPECTATIONS, OR;
vi. ANY ERRORS IN CONTENT WILL BE CORRECTED.
i. ANY CONTENT OBTAINED THROUGH THE USE OF THESERVICES IS OBTAINED AT YOUR OWN DISCRETION AND RISK. YOU ARE SOLELYRESPONSIBLE FOR ANY DAMAGE TO YOUR COMPUTER SYSTEM OR OTHER DEVICE OR LOSS OFDATA THAT RESULTS FROM SUCH CONTENT.
j. YOUR SOLE AND EXCLUSIVE RIGHT AND REMEDY INCASE OF DISSATISFACTION WITH THE SERVICES OR ANY OTHER GRIEVANCE SHALL BE THETERMINATION OF YOUR USE OF THE SERVICES. WITHOUT LIMITING THE FOREGOING, IN NOCASE SHALL THE MAXIMUM LIABILITY OF US ARISING FROM OR RELATING TO YOUR USE OFTHE SERVICES OR RELATING TO THESE TERMS EXCEED $100.
18. Legal Disputes.
a. NO CLASS ACTIONS. Disputes must be brought onan individual basis only, and may not be brought as a plaintiff or class memberin any purported class, consolidated, or representative proceeding. Classarbitrations, class actions, private attorney general actions, andconsolidation with other arbitrations are not allowed. If for any reason adispute proceeds in court rather than through arbitration, each party knowinglyand irrevocably waives any right to trial by jury in any action, proceeding, orcounterclaim. This does not prevent either party from participating in aclass-wide settlement of claims.
b. YOU AGREE TO THE FOLLOWING MANDATORYARBITRATION AND CLASS ACTION WAIVER PROVISIONS:
i. MANDATORY ARBITRATION. You and Company agree toresolve any claims relating to these Terms or our Services through final andbinding arbitration.
ii. Arbitration Forum. Either party may commencebinding arbitration through ADR Services, an alternative dispute resolutionprovider. The parties will pay equal shares of the arbitration fees.
iii. Arbitration Procedures. The arbitration will beconducted in Spain or at another mutually agreed location. All issues are forthe arbitrator to decide, including but not limited to issues relating to thescope, enforceability, and arbitrability of this Section. The amount of anysettlement offer will not be disclosed to the arbitrator by either party untilafter the arbitrator determines the final award, if any.
c. The obligation to arbitrate is not binding uponthe Services with respect to claims relating to its trademarks, service marks,patents, copyrights, or other intellectual-property rights, or requests fortemporary restraining orders, preliminary injunctions or other procedures in acourt of competent jurisdiction to obtain interim relief when deemed necessaryby such court to preserve the status quo or prevent irreparable injury pendingresolution by arbitration of the actual dispute between the parties.
19. Injunctive Relief.
Notwithstanding anything inthese Terms, Company may apply for injunctive remedies (or an equivalent typeof urgent legal relief) in any jurisdiction.
a. You acknowledge that if you violate or breachthese Terms, it may cause irreparable harm to Us and our affiliates, and Weshall have the right to seek injunctive relief against you in addition to anyother legal remedies.
20. Feedback.
We appreciate feedback, comments,ideas, proposals and suggestions for improvements. If you provide us feedback,you hereby grant provide to us a perpetual, non-revocable, royalty-freeworldwide license to use and/or incorporate such feedback into any product orservice at any time at our sole discretion.
21. General Terms.
a. No Waiver. Failure by either party to enforceany right under these Terms will not waive that right.
b. Severability. If any portion of these Terms isnot enforceable, it will not affect any other terms.
c. These Terms are not assignable, transferable orsub-licensable by you, but may be assigned or transferred by us withoutrestriction.
d. Nothing herein is intended, nor will be deemed,to confer rights or remedies upon any third party.
e. You acknowledge and understand that we are aprovider of an interactive computer service. We hereby notify you that parentalcontrol protections (such as computer hardware, software, or filteringservices) are commercially available that may assist you in limiting access tomaterial that is harmful to minors. However, note that we do not takeresponsibility for any parental control protection you may find or use and thatyou are solely responsible for such use.
f. Assignment and Subcontracting. Except as setout below, You may not assign or novate these Terms in whole or in part withoutthe Company’s express written consent. Company may: (1) by written notice toYou, assign or novate these Terms in whole or in part to an affiliate of Company,or otherwise as part of a sale or transfer of any part of its business; or (2)subcontract any performance associated with the Company to third parties,provided that such subcontract does not relieve Company of any of itsobligations under these Terms.
22. Modification.
a. Company reserves the right, at any time, tomodify, suspend, or discontinue the Services (in whole or in part) with orwithout notice to you. You agree that Company will not be liable to you or toany third party for any modification, suspension, or discontinuation of the Servicesor any part thereof.
b. We reserve the right to amend these Terms atany time by posting such amended Terms to the Services with a new effectivedate.
c. YOUR CONTINUED USE OF THE SERVICES FOLLOWINGSUCH AMENDMENTS WILL CONSTITUTE YOUR ACCEPTANCE OF SUCH AMENDMENTS, REGARDLESSOF WHETHER YOU HAVE ACTUALLY READ THEM.
23. License.
You hereby grant (and you representand warrant that you have the right to grant) to Company an irrevocable,nonexclusive, royalty-free and fully paid, worldwide license to reproduce,distribute, publicly display and perform, prepare derivative works of,incorporate into other works, and otherwise use and exploit your User Content,and to grant sublicenses of the foregoing rights, solely for the purposes ofincluding your User Content in the Services. You hereby irrevocably waive (andagree to cause to be waived) any claims and assertions of moral rights orattribution with respect to your User Content.
3.3 Acceptable Use Policy. The following terms constitute our " AcceptableUse Policy":
(b) In addition, you agree not to: (i) upload, transmit, or distribute to orthrough the Service any computer viruses, worms, or any software intended todamage or alter a computer system or data; (ii) send through the Servicesunsolicited or unauthorized advertising, promotional materials, junk mail,spam, chain letters, pyramid schemes, or any other form of duplicative orunsolicited messages, whether commercial or otherwise; (iii) use the Servicesto harvest, collect, gather or assemble information or data regarding otherusers, including e-mail addresses, without their consent; (iv) interfere with,disrupt, or create an undue burden on servers or networks connected to the Services,or violate the regulations, policies or procedures of such networks; (v) attemptto gain unauthorized access to the Services (or to other computer systems ornetworks connected to or used together with the Services), whether throughpassword mining or any other means; (vi) harass or interfere with any otheruser's use and enjoyment of the Services; or (vi) use software or automatedagents or scripts to produce multiple accounts on the Services, or to generateautomated searches, requests, or queries to (or to strip, scrape, or mine datafrom) the Services (provided, however, that we conditionally grant to theoperators of public search engines revocable permission to use spiders to copymaterials from the Services for the sole purpose of and solely to the extentnecessary for creating publicly available searchable indices of the materials,but not caches or archives of such materials, subject to the parameters setforth in our robots.txt file).
3.4 Enforcement. We reserve the right (but have no obligation) to review,refuse and/or remove any User Content in our sole discretion, and toinvestigate and/or take appropriate action against you in our sole discretionif you violate the Acceptable Use Policy or any other provision of these Termsor otherwise create liability for us or any other person. Such action mayinclude removing or modifying your User Content, terminating your Account inaccordance with Section 8, and/or reporting you to law enforcement authorities.
24. Other Users.
Each Services user is solelyresponsible for any and all of its own User Content. Since we do not controlUser Content, you acknowledge and agree that we are not responsible for anyUser Content, whether provided by you or by others. We make no guaranteesregarding the accuracy, currency, suitability, appropriateness, or quality ofany User Content. Your interactions with other Services users are solelybetween you and such users. You agree that Company will not be responsible forany loss or damage incurred as the result of any such interactions. If there isa dispute between you and any Services user, we are under no obligation tobecome involved.
25. Informal Dispute Resolution.
There might be instances when a Dispute arises between youand Company. If that occurs, Company is committed to working with you to reacha reasonable resolution. You and Company agree that good faith informal effortsto resolve Disputes can result in a prompt, low‐cost and mutually beneficialoutcome. You and Company therefore agree that before either party commencesarbitration against the other (or initiates an action in small claims court ifa party so elects), we will personally meet and confer telephonically or viavideoconference, in a good faith effort to resolve informally any Disputecovered by this Arbitration Agreement (" Informal Dispute ResolutionConference"). If you are represented by counsel, your counsel mayparticipate in the conference, but you will also participate in the conference.
26. Disclosureand Other Communication.
a. We reserve the right to send you email for thepurpose of informing you of changes or additions to the Services, or of anyrelated products and services offered by the Services or its affiliatedentities. We reserve the right to disclose information about you and your usageof the Service that do not reveal your personal identity.
b. Further, by agreeing to use the Services, youunderstand you will receive occasional special offers, marketing, survey, andServices-based communication emails or messages. You can easily unsubscribefrom our marketing emails by following the opt-out instruction in these emails.
c. We may send you service, technical and otheradministrative messages in reliance on our legitimate interests inadministering the Services.
d. We also process your personal data to respondto your comments and questions and to provide customer care and support.
e. We may send you marketing communications viabout our products, services and upcoming events that might interest you,including but not limited to education content, in reliance on our legitimateinterests or where we seek your consent.
27. Notice.
Any notice delivered by Company to Youunder these Terms will be delivered via email, regular mail or postings on ourwebsites. Notices to Company shall be sent to 418 Broadway#6246 Albany, NY 12207 USA unless Company specifically allows other meansof notice.
28. You and Company agree that all materials and documents exchanged during the arbitration proceedings shall be kept confidential and shall not be shared withanyone except the parties' attorneys, accountants, or business advisors, andthen subject to the condition that they agree to keep all materials anddocuments exchanged during the arbitration proceedings confidential.
29. Waiver of Jury Trial.
YOU AND THE COMPANYPARTIES HEREBY WAIVE ANY CONSTITUTIONAL AND STATUTORY RIGHTS TO SUE IN COURTAND HAVE A TRIAL IN FRONT OF A JUDGE OR A JURY. You and the Company Parties areinstead electing that all covered claims and disputes shall be resolved exclusivelyby arbitration under this Arbitration Agreement. An arbitrator can award on anindividual basis the same damages and relief as a court and must follow theseTerms as a court would. However, there is no judge or jury in arbitration, andcourt review of an arbitration award is subject to very limited review.
30. Waiver of Class or Other Non-IndividualizedRelief. YOU AND COMPANY AGREE THAT EACH OF US MAY BRING CLAIMS AGAINST THEOTHER ONLY ON AN INDIVIDUAL BASIS AND NOT ON A CLASS, REPRESENTATIVE, ORCOLLECTIVE BASIS, AND THE PARTIES HEREBY WAIVE ALL RIGHTS TO HAVE ANY DISPUTEBE BROUGHT, HEARD, ADMINISTERED, RESOLVED, OR ARBITRATED ON A CLASS,COLLECTIVE, REPRESENTATIVE, OR MASS ACTION BASIS. ONLY INDIVIDUAL RELIEF ISAVAILABLE, AND DISPUTES OF MORE THAN ONE CUSTOMER OR USER CANNOT BE ARBITRATEDOR CONSOLIDATED WITH THOSE OF ANY OTHER CUSTOMER OR USER. Subject to thisArbitration Agreement, the arbitrator may award declaratory or injunctiverelief only in favor of the individual party seeking relief and only to theextent necessary to provide relief warranted by the party's individual claim.Notwithstanding anything to the contrary in this Arbitration Agreement, if acourt decides by means of a final decision, not subject to any further appealor recourse, that the limitations of this subsection, "Waiver of Class orOther Non-Individualized Relief," are invalid or unenforceable as to a particularclaim or request for relief (such as a request for public injunctive relief),you and Company agree that that particular claim or request for relief (andonly that particular claim or request for relief) shall be severed from thearbitration and may be litigated in venues located in the Kingdom of Spain. Allother Disputes shall be arbitrated or litigated in small claims court.
31. Force Majeure. Neither party will be liable tothe other for any delay or failure to perform any obligation under these Terms(except for a failure to pay ) if the delay or failure is due to unforeseenevents that occur after the signing of these Terms and that are beyond thereasonable control of such party, including but not limited to a strike, war,act of terrorism, riot, natural disaster, or failure or diminishment of poweror telecommunications or data networks or services.
32. Relationship of the parties.
There is norelationship of partnership, joint venture, employment, franchise or agencycreated hereby between the Company and You. Neither party will have the powerto bind the other or incur obligations on the other party's behalf without theother party's prior written consent.
33. Governing Law and Venue.
These Terms, and anydisputes arising from it, will be governed exclusively by Wyoming law. Thecourts and venues within the Kingdom of Spain will have exclusive jurisdictionto adjudicate any dispute arising out of or relating to these Terms or itsformation, interpretation or enforcement. Each party consents and submits tothe exclusive jurisdiction of such courts.
34. Entire Terms.
These Terms are the complete agreementbetween the parties regarding the subject matter of these Terms and supersedesall prior or contemporaneous communications, understandings or agreements(whether written or oral.
35. Changes and contacting us.
a. This Policy is current as of the Effective Dateset forth above and if any changes are made, we’ll post them on this page. Ifyou continue to use the Services after those changes are in effect, you agreeto the changes. These Terms may change if there is a material change to the waydata is processed by Company.
b. If you have any questions, comments, orconcerns about these Terms, please contact us as contact@navigatingwithnour.comor 418 Broadway #6246 Albany, NY 12207 USA.