- AGREEMENT. This Term of Use Agreement (“the “Agreement”) specifies the Terms and Conditions for access to and use of niiamahashong.com (the “Site”) and describes the terms and conditions applicable to your access of and use of the Site. This Agreement may be modified at any time by PROSOCIAL LEARNING, LLC, the website’s owner and operator, upon posting of the modified Agreement. Any such modifications shall be effective immediately. You can view the most recent version of these terms at any time at niiamahashong.com/terms. Each use by you shall constitute and be deemed your unconditional acceptance of this Agreement.
- OWNERSHIP. All content included on this site is and shall continue to be the property of PROSOCIAL LEARNING, LLC or its content suppliers and is protected under applicable copyright, patent, trademark, and other proprietary rights. Any copying, redistribution, use or publication by you of any such content or any part of the Site is prohibited, except as expressly permitted in this Agreement. Under no circumstances will you acquire any ownership rights or other interest in any content by or through your use of this Site.
- INTENDED AUDIENCE. This website is intended for adults only. This website is not intended for any children under the age of 13.
- TRADEMARKS. PROSOCIAL LEARNING, LLC, niiamahashong.com, and others are either trademarks or registered trademarks of PROSOCIAL LEARNING, LLC. Other product and company names mentioned on this Site may be trademarks of their respective owners.
- PERSONAL AND NON-COMMERCIAL USE OF WEBSITE. The Site is for your personal and non-commercial use, unless otherwise specified. You may not use any services or information provided by the Site for any other purpose, including any commercial purpose, without the prior express written permission of an authorized representative of PROSOCIAL LEARNING, LLC. You may not modify, copy, distribute, display, send, perform, reproduce, publish, license, create derivative works from, transfer, sell or otherwise infringe on any intellectual property rights related to any information, content, software, products or services obtained from or otherwise connected to the Site.
- COMPLIANCE WITH LAWS. You must abide by all Federal, State and local laws. If you are outside the United States you must comply with all local laws with respect to your online conduct, as well as the export of data to the United States or to your country or residence.
- INDEMNIFICATION. You agree to indemnify and hold the Site, PROSOCIAL LEARNING, LLC, and its subsidiaries, affiliates, licensors, content providers, service providers, employees, agents, officers, directors, independent contractors and consultants (the “Indemnified Parties”) harmless from any breach of this Agreement by you. You agree that the Indemnified Parties will have no liability in connection with any such breach or unauthorized use, and you agree to indemnify any and all resulting loss, damages, judgments, awards, costs, expenses, and attorneys’ fees of the Indemnified Parties in connection therewith. You will also indemnify and hold the Indemnified Parties harmless from and against any claims brought by third parties arising out of your use of any content or information or service accessed from this Site.
- LIMITATION ON GUIDANCE GIVEN TO CLIENT. Client understands and agrees that Coach is not licensed or trained as a doctor, therapist, psychologist or any other similar professional. Client acknowledges that Coach has not offered, attempted, or promised to provide Client with any services that require a professional license, and that Coach is not permitted, authorized, or expected to do so. Coaching is never intended to be a substitute for professional medical advice, diagnosis, or treatment. Always seek the advice of your physician or other qualified health provider with any questions you may have regarding a medical or psychological condition. Never disregard professional medical advice or delay in seeking it because of something you have read, heard or experienced during a coaching program.
- LIMITATION OF LIABILITY. PROSOCIAL LEARNING, LLC, ITS SUBSIDIARIES, AFFILIATES, LICENSORS, SERVICE PROVIDERS, CONTENT PROVIDERS, EMPLOYEES, AGENTS, INDEPENDENT CONTRACTORS, CONSULTANTS, OFFICERS, AND DIRECTORS WILL NOT BE LIABLE FOR ANY INCIDENTAL, DIRECT, INDIRECT, PUNITIVE, ACTUAL, CONSEQUENTIAL, SPECIAL, EXEMPLARY, OR OTHER DAMAGES, INCLUDING LOSS OF REVENUE OR INCOME, LOSS OF DATA, PAIN AND SUFFERING, EMOTIONAL DISTRESS, OR SIMILAR DAMAGES, EVEN IF PROSOCIAL LEARNING, LLC HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES, SUCH DAMAGES WERE REASONABLY FORESEEABLE OR PROSOCIAL LEARNING, LLC WAS GROSSLY NEGLIGENT. IN NO EVENT WILL THE COLLECTIVE LIABILITY OF PROSOCIAL LEARNING, LLC AND ITS SUBSIDIARIES, AFFILIATES, LICENSORS, SERVICE PROVIDERS, CONTENT PROVIDERS, EMPLOYEES, AGENTS, OFFICERS, AND DIRECTORS, REGARDLESS OF THE FORM OF ACTION (WHETHER IN CONTRACT, TORT, OR OTHERWISE), EXCEED THE GREATER OF $100 OR THE AMOUNT YOU HAVE PAID TO PROSOCIAL LEARNING, LLC FOR THE USE OF THE WEBSITE OR ANY SERVICE IT PROVIDES.
- SEVERABILITY. If any provision of this Agreement shall be adjudged by any court of competent jurisdiction to be unenforceable or invalid, that provision shall be limited or eliminated to the minimum extent necessary so that this Agreement will otherwise remain in full force and effect.
- WAIVER. The failure of PROSOCIAL LEARNING, LLC to exercise or enforce any right or provision of this Agreement shall not operate as a waiver of such right or provision. Any waiver of this Agreement by PROSOCIAL LEARNING, LLC must be in writing and signed by an authorized representative of PROSOCIAL LEARNING, LLC.
- TERMINATION. PROSOCIAL LEARNING, LLC may terminate this Agreement at any time, with or without notice, for any reason.
- RELATIONSHIP OF THE PARTIES. Nothing contained in this Agreement or your use of the Site shall be construed to constitute either party as a partner, joint venturer, employee or agent of the other party, nor shall either party hold itself out as such. Neither party has any right or authority to incur, assume or create, in writing or otherwise, any warranty, liability or other obligation of any kind, express or implied, in the name of or on behalf of the other party, it being intended by both parties that each shall remain independent contractors responsible for its own actions.
- CONTACT INFORMATION.
PROSOCIAL LEARNING, LLC 520 White Plains Road Suite 500 Tarrytown, NY 10591