Terms of Use & Disclaimer

 

TERMS OF USE

These Terms of Use (“Terms”) is a binding agreement between you (“you”) and Stress School LLC d/b/a Somia International a Massachusetts limited liability company (“Company”). These Terms governs your use of our website available at https://somiainternational.com and the version of the website available via the mobile application (“Website”), including but not limited to the HEAL program, live coaching offerings, Healing Collective Community Membership, mentoring sessions, Somatics Pack, Polyvagal Practice, and such other products and services the Company may add, supplement, amend, replace, or remove in its sole discretion (“Services”). The Services and the Content (as defined in Section 5) are licensed, not sold, to you.

BY ACKNOWLEDGING YOUR ACCEPTANCE (OR FOR THOSE WHO HAVE NOT YET CREATED AN ACCOUNT OR PURCHASED A PRODUCT OR SERVICE, BY USING OUR WEBSITE), YOU ACCEPT THESE TERMS AND AGREE TO BE BOUND BY THESE TERMS, INCLUDING THE POLICIES REFERENCED IN THESE TERMS, AND (A) ACKNOWLEDGE THAT YOU HAVE READ AND UNDERSTAND THESE TERMS; AND (B) REPRESENT THAT YOU ARE 18 YEARS OF AGE OR OLDER. IF YOU DO NOT ACCEPT AND AGREE TO THESE TERMS, DO NOT USE THE SERVICES AND DELETE ANY CONTENT (AS DEFINED IN SECTION 5) FROM YOUR DEVICE.

Your use of the our Services are also governed by those of Kajabi, LLC, a California limited liability company (“Kajabi”), which hosts the Website. Please also review the Kajabi® website policies at https://legal.kajabi.com/ and Privacy Policy at https://legal.kajabi.com/policies/privacy which also govern use of the Services.

  1. License Grant. Subject to the terms of these Terms, Company grants you a limited, non-exclusive, and nontransferable license to:

    1. download, install, and use the Website and Services for your personal, non-commercial use on a computer or mobile device owned or otherwise controlled by you (“Device”) strictly in accordance with the Services’ documentation; and

    2. access, stream, download, and use on such Device the Content (as defined in Section 5) made available in or otherwise accessible through the Website and Services, strictly in accordance with these Terms applicable to such Content as set forth in Section 5.

  2. License Restrictions. Except as may be expressly permitted by applicable law or expressly authorized by the Website or Services, you shall not:

    1. copy the Website, Services or Content, except as expressly permitted by this license;

    2. modify, translate, adapt, or otherwise create derivative works or improvements, whether or not patentable, of the Website or Services;

    3. reverse engineer, disassemble, decompile, decode, or otherwise attempt to derive or gain access to the source code of the Website or Services or any part thereof;

    4. remove, delete, alter, or obscure any trademarks or any copyright, trademark, patent, or other intellectual property or proprietary rights notices from the Website or Services, including any copy thereof;

    5. rent, lease, lend, sell, sublicense, assign, distribute, publish, transfer, or otherwise make available the Website or Services, or any features or functionality of the Website or Services, to any third party for any reason, including by making Website or Services available on a network where it is capable of being accessed by more than one device at any time;

    6. use any robot, spider, or other automatic device, process, or means to access the Website or Services for any purpose, including monitoring or copying any of the material on the Website or Services;

    7. use any manual process to monitor or copy any of the material on the Website or Services, or for any other purpose not expressly authorized in these Terms, without Company’s prior written consent;

    8. frame, mirror, or otherwise incorporate the Website or Services or any portion of the Website or Services as part of any other mobile application, website, or service;

    9. use the Website or Services in any manner that could disable, overburden, damage, or impair the Website or Services or interfere with any other party’s use of the Services; or

    10. remove, disable, circumvent, or otherwise create or implement any workaround to any copy protection, rights management, or security features in or protecting the Website or Services.

  3. Reservation of Rights. You acknowledge and agree that the Website and Services are provided under license, and not sold, to you. You do not acquire any ownership interest in the Website or Services under these Terms, or any other rights thereto other than to use the Website and Services in accordance with the license granted, and subject to all terms, conditions, and restrictions, under these Terms. Company and its licensors and service providers reserve and shall retain their entire right, title, and interest in and to the Services, including all copyrights, trademarks, and other intellectual property rights therein or relating thereto, except as expressly granted to you in these Terms.

  4. Collection and Use of Your Information. You acknowledge that when you download, install, or use the Website and Services, Company may use automatic means (including, for example, cookies) to collect information about your Device and about your use of the Services. You also may be required to provide certain information about yourself as a condition to downloading, installing, or using the Website and Services or certain of its features or functionality, and the Website and Services may provide you with opportunities to share information about yourself with others. All information we collect through or in connection with the Website and Services is subject to our Privacy Policy. By downloading, installing, using, and providing information to or through the Website and Services, you consent to all actions taken by us with respect to your information in compliance with the Privacy Policy.

  5. Content. The Services and products and services accessible thereon, and certain features, functionality, and content accessible on or through the Services may be hosted on the Company’s Website (collectively, “Content”). Your access to and use of such Content are governed by these Terms and the Privacy Policy. Your access to and use of such Content and the Services will require you to acknowledge your acceptance of these Terms and may require you to acknowledge your acceptance of the Privacy Policy and/or to register with the Website, and your failure to do so may restrict you from accessing or using certain of the Website’s and Services’ features and functionality.

  6. Geographic Restrictions. The Website and the Services are based in the in the United States and provided for access and use by persons located in and outside of the United States. Notwithstanding the foregoing, you acknowledge that Kajabi may, in connection with your use of the Website, need to transfer and process your data to and in the United States and anywhere else in the world where Kajabi and its subprocessors maintain data processing operations. Please review the Kajabi website policies at https://legal.kajabi.com/ and Privacy Policy at https://legal.kajabi.com/policies/privacy for more information. If you access the Website and the Services from outside the United States, you are responsible for compliance with local laws.

  7. Updates. Company may from time to time in its sole discretion develop and provide Website and Services updates, which may include upgrades, bug fixes, patches, other error corrections, and/or new features (collectively, including related documentation, “Updates”). Updates may also modify or delete in their entirety certain features and functionality. You agree that Company has no obligation to provide any Updates or to continue to provide or enable any particular features or functionality. Based on your Device settings, when your Device is connected to the internet either:

    1. the Website and /or Services will automatically download and install all available Updates; or

    2. you may receive notice of or be prompted to download and install available Updates.

      You shall promptly download and install all Updates and acknowledge and agree that the Website and Services or portions thereof may not properly operate should you fail to do so. You further agree that all Updates will be deemed part of the Website and Services and be subject to all terms and conditions of these Terms.

  8. Third-Party Materials. The Website and Services may display, include, or make available third-party content (including data, information, applications, and other products, services, and/or materials) or provide links to third-party websites or services (“Third-Party Materials”). You acknowledge and agree that Company is not responsible for Third-Party Materials, including their accuracy, completeness, timeliness, validity, copyright compliance, legality, decency, quality, or any other aspect thereof. Company does not assume and will not have any liability or responsibility to you or any other person or entity for any Third-Party Materials. Third-Party Materials and links thereto are provided solely as a convenience to you, and you access and use them entirely at your own risk and subject to such third parties’ terms and conditions.

  9. Term and Termination.

    1. The term of these Terms commences when you access the Website, and for those that purchase a product or service when you acknowledge your acceptance, and will continue in effect until terminated by you or Company as set forth in this Section 9.

    2. You may terminate these Terms by deleting the Application and all copies thereof from your Device.

    3. Company may terminate these Terms at any time without notice if it ceases to support the Website or the version of the website available via the mobile application, which Company may do in its sole discretion. In addition, these Terms will terminate immediately and automatically without any notice if you violate any of the terms and conditions of these Terms.

    4. Upon termination:

      1. all rights granted to you under these Terms will also terminate; and

      2. you must cease all use of the Website and Services and delete all copies of the Website and Services from your Device and account.

    5. Termination will not limit any of Company’s rights or remedies at law or in equity.

  10. Disclaimer of Warranties. THE WEBSITE AND SERVICES ARE PROVIDED TO YOU “AS IS” AND WITH ALL FAULTS AND DEFECTS WITHOUT WARRANTY OF ANY KIND. TO THE MAXIMUM EXTENT PERMITTED UNDER

    APPLICABLE LAW, COMPANY, ON ITS OWN BEHALF AND ON BEHALF OF ITS OFFICERS, DIRECTORS, EMPLOYEES, AGENTS, AFFILIATES, SUCCESSORS, AND ASSIGNS, OR ANY OF ITS SERVICE PROVIDERS, EXPRESSLY DISCLAIMS ALL WARRANTIES, WHETHER EXPRESS, IMPLIED, STATUTORY, OR OTHERWISE, WITH RESPECT TO THE WEBSITE AND SERVICES, INCLUDING ALL IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE, AND NON-INFRINGEMENT, AND WARRANTIES THAT MAY ARISE OUT OF COURSE OF DEALING, COURSE OF PERFORMANCE, USAGE, OR TRADE PRACTICE. WITHOUT LIMITATION TO THE FOREGOING, COMPANY PROVIDES NO WARRANTY OR UNDERTAKING, AND MAKES NO REPRESENTATION OF ANY KIND THAT THE WEBSITE AND SERVICES WILL MEET YOUR REQUIREMENTS, ACHIEVE ANY INTENDED RESULTS, BE COMPATIBLE, OR WORK WITH ANY OTHER SOFTWARE, APPLICATIONS, SYSTEMS, OR SERVICES, OPERATE WITHOUT INTERRUPTION, MEET ANY PERFORMANCE OR RELIABILITY STANDARDS, OR BE ERROR-FREE, OR THAT ANY ERRORS OR DEFECTS CAN OR WILL BE CORRECTED.

    SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OF OR LIMITATIONS ON IMPLIED WARRANTIES OR THE LIMITATIONS ON THE APPLICABLE STATUTORY RIGHTS OF A CONSUMER, SO SOME OR ALL OF THE ABOVE EXCLUSIONS AND LIMITATIONS MAY NOT APPLY TO YOU.

  11. Medical Disclaimer.

    1. YOU ARE SOLELY RESPONSIBLE FOR THEIR OWN HEALTH. THE COMPANY’S WEBSITE AND SERVICES IN NO WAY INTEND TO DIAGNOSE TREAT ANY MEDICAL OR OTHER CONDITION OR TO BE A SUBSTITUTE FOR PROFESSIONAL OR MEDICAL CARE. YOU AGREE TO UNDERSTAND THAT THE WEBSITE AND SERVICES ARE NOT A MEDICAL DEVICE AND COMPANY IS NOT A LICENSED MEDICAL CARE PROVIDER.

    2. THE WEBSITE, SERVICES AND THE CONTENT MAY PROVIDE INFORMATION ABOUT MENTAL HEALTH AND WELLNESS, BUT THE WEBSITE, SERVICES AND THE CONTENT ARE LIMITED, INTENDED TO BE SOURCES OF REFERENTIAL MATERIAL. THE WEBSITE, SERVICES AND THE CONTENT IS NOT INTENDED, AND YOU AGREE NOT TO RELY ON THE WEBSITE, SERVICES AND THE CONTENT AS A SUBSTITUTE FOR THE KNOWLEDGE, EXPERTISE, SKILL, VERBAL COUNSELING OR JUDGMENT OF LICENSED MENTAL HEALTH PROVIDERS, PHYSICIANS OR OTHER HEALTHCARE PROFESSIONALS.

  12. Limitation of Liability. TO THE FULLEST EXTENT PERMITTED BY APPLICABLE LAW, IN NO EVENT WILL COMPANY AND ITS OFFICERS, DIRECTORS, EMPLOYEES, AGENTS, AFFILIATES, SUCCESSORS, AND ASSIGNS, OR ANY OF ITS SERVICE PROVIDERS, HAVE ANY LIABILITY ARISING FROM OR

    RELATED TO YOUR USE OF OR INABILITY TO USE THE WEBSITE, SERVICES OR THE CONTENT FOR:

    1. PERSONAL INJURY, PROPERTY DAMAGE, LOST PROFITS, COST OF SUBSTITUTE GOODS OR SERVICES, LOSS OF DATA, LOSS OF GOODWILL, BUSINESS INTERRUPTION, COMPUTER FAILURE OR MALFUNCTION, OR ANY OTHER CONSEQUENTIAL, INCIDENTAL, INDIRECT, EXEMPLARY, SPECIAL, OR PUNITIVE DAMAGES.

    2. DIRECT DAMAGES IN AMOUNTS THAT IN THE AGGREGATE EXCEED THE AMOUNT ACTUALLY PAID BY YOU FOR THE SERVICES.

      THE FOREGOING LIMITATIONS WILL APPLY WHETHER SUCH DAMAGES ARISE OUT OF BREACH OF CONTRACT, TORT (INCLUDING NEGLIGENCE), OR OTHERWISE AND REGARDLESS OF WHETHER SUCH DAMAGES WERE FORESEEABLE OR COMPANY WAS ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. SOME JURISDICTIONS DO NOT ALLOW CERTAIN LIMITATIONS OF LIABILITY SO SOME OR ALL OF THE ABOVE LIMITATIONS OF LIABILITY MAY NOT APPLY TO YOU.

  13. Indemnification. You agree to indemnify, defend, and hold harmless Company and its officers, directors, employees, agents, affiliates, successors, and assigns from and against any and all losses, damages, liabilities, deficiencies, claims, actions, judgments, settlements, interest, awards, penalties, fines, costs, or expenses of whatever kind, including attorneys’ fees, arising from or relating to your use, activities in connection with, or misuse of the Website and Services or your breach of these Terms, including but not limited to (a) the content you submit or make available through the Website and Services; (b) any violation or alleged violation of this Agreement by you; or

    (c) any claim that any of the Website, Services or Content or any use or exploitation thereof caused damage to or infringed upon or violated the rights of a third party, including past, present or future infringement, misappropriation, libel, defamation, invasion of privacy or right of publicity, or violation of any right related to the foregoing.

  14. Export Regulation. The Website and Services may be subject to US export control laws, including the Export Control Reform Act and its associated regulations. You shall not, directly or indirectly, export, re-export, or release the Website or the Services to, or make the Website or the Services accessible from, any jurisdiction or country to which export, re-export, or release is prohibited by law, rule, or regulation. You shall comply with all applicable federal laws, regulations, and rules, and complete all required undertakings (including obtaining any necessary export license or other governmental approval), prior to exporting, re-exporting, releasing, or otherwise making the Website or the Services available outside the US.

  15. Severability. If any provision of these Terms is illegal or unenforceable under applicable law, the remainder of the provision will be amended to achieve as closely as possible the effect of the original term and all other provisions of these Terms will continue in full force and effect.

  16. Governing Law. These Terms are governed by and construed in accordance with the internal laws of the State of New York without giving effect to any choice or conflict of law provision or rule. Any legal suit, action, or proceeding arising out of or related to these Terms, the Website or the Services shall be instituted exclusively in the federal courts of the United States or the courts of the State of New York in each case located in Albany County. You waive any and all objections to the exercise of jurisdiction over you by such courts and to venue in such courts.

  17. Limitation of Time to File Claims. ANY CAUSE OF ACTION OR CLAIM YOU MAY HAVE ARISING OUT OF OR RELATING TO THESE TERMS, THE WEBSITE OR THE SERVICES MUST BE COMMENCED WITHIN ONE (1) YEAR AFTER THE CAUSE OF ACTION ACCRUES OTHERWISE SUCH CAUSE OF ACTION OR CLAIM IS PERMANENTLY BARRED.

  18. Entire Agreement. Unless you have a consulting agreement with the Company, these Terms and our Privacy Policy constitute the entire agreement between you and Company with respect to the Website and Services and supersede all prior or contemporaneous understandings and agreements, whether written or oral, with respect to the Website and Services.

  19. Waiver. No failure to exercise, and no delay in exercising, on the part of either party, any right or any power hereunder shall operate as a waiver thereof, nor shall any single or partial exercise of any right or power hereunder preclude further exercise of that or any other right hereunder. In the event of a conflict between these Terms and any applicable purchase or other terms, these Terms shall govern.

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