PLEASE READ THE FOLLOWING TERMS AND CONDITIONS CAREFULLY
This Website, including any content, applications, communications, and services available therefrom (collectively, the "Website"), are offered by The BreakUp Coach and its affiliates, subsidiaries and licensors (collectively, "The BreakUp Coach" or "we" or "us") to you, the user, subject to your acceptance of all the terms and conditions set forth below ("Terms of Use"). The terms "you" and "user" refers to all individuals and entities that access the Website.
By your affirmative actions of registering for and/or using the Website, you signify your agreement to these Terms of Use, to our Privacy Policy and your agreement to communicate with us electronically. If you do not agree to all of these terms and conditions, do not register for or use this Website.
Modifications to the Terms of Use
We may make changes to the Terms of Use from time to time. A link to the most current Terms of Use will be available on The BreakUp Coach home page. Your continued use of the Website following the posting of such changes constitutes your acceptance of any such changes. If you do not agree with these Terms of Use, or any revised versions thereof, you may not use the Website.
Precautions
Any and all content found via the Website is for informational purposes only and is not intended to replace the relationship with your physician, counselor, or other qualified professional. Never disregard professional medical or mental health advice or delay in seeking it because of information presented via the Website.
You should always consult a professionally qualified healthcare or mental health provider (collectively, "healthcare provider") if you have any questions or concerns regarding a medical or mental health condition.
If you believe you may be at risk of harming yourself or others, or you are having any other kind of emergency, go to the nearest emergency room or call 911 or the appropriate emergency service in your area.
The BreakUp Coach requires that you consult with your healthcare provider before following any training instructions you receive through the Website or participating in any event announced on the Website. Not all exercises or activities described on the Website are suitable for everyone. If you think you may have a medical or mental health emergency, call your healthcare provider or 911 immediately. If you feel discomfort or pain, immediately stop the activity causing such discomfort or pain. By using the Website, you represent that you have received consent from your healthcare provider to participate in the services and exercises described or provided by the Website.
Your use of this Website does not constitute treatment or professional advice provided by The Breakup Coach, or any employees or affiliates of The BreakUp Coach or its licensors.
We are not responsible for any health problems that may result from training programs, products, or events you learn about through the Website. If you engage in any activity as a result of information you receive through the Website you agree that you do so at your own risk and are voluntarily participating in these activities.
Age Restrictions
This Website is intended solely for users who are sixteen (16) years of age or older. Any registration by, use of or access to the Website by anyone under 16 is unauthorized, unlicensed, and in violation of these Terms of Use. The BreakUp Coach may also, at its discretion, require users under age 18 to obtain the consent of a parent or guardian to view certain content, and The BreakUp Coach may limit access to certain content to users above a specified age. You agree to abide by any such restrictions, and not to help anyone avoid these restrictions.
Ownership of the Website
The Website and all aspects thereof, including all content and applications available via the Website, and all copyrights, trademarks, and other intellectual property rights therein, is owned by The BreakUp Coach or its licensors. You acknowledge that the Website and any underlying technology used in connection with the Website contain The BreakUp Coach's intellectual property and proprietary information. You may not reproduce, distribute, modify or create derivative works of, publicly display (including by framing any content), or commercially exploit any part of the Website, including any content, applications or services available via the Website, except as necessary to view the content on the Website or use an application available via the Website and create a reasonable number of copies of portions of such content and applications (without modification) for your personal, non-commercial use. All rights in the Website not expressly granted by The BreakUp Coach to you are retained by The BreakUp Coach and its licensors.
If you violate any of these Terms of Use, your permission to use the Website automatically terminates and you must immediately destroy any copies you have made of any portion of the Website.
User Indemnification Of The BreakUp Coach
Upon request by us, you agree to defend, indemnify and hold The BreakUp Coach and its partners, affiliates, service providers, licensors, officers, directors, employees and agents harmless from and against any and all losses, liabilities, damages and costs, including but not limited to reasonable legal and accounting fees, arising from any claims, actions or demands related to or alleged to relate to: (a) your use of the Website, including any user generated content you post, store, reproduce, display, or distribute via the Website and any meeting you arrange via the Website; (b) your violation of the Terms of Use; or (c) your violation of any intellectual property or other third party rights or any applicable law in connection with your use of the Website. We reserve the right to assume control of the defense of any third party claim that is subject to indemnification by you, in which event you will cooperate with us in asserting and available defenses.
User Conduct
If we determine that any user is not using the Website responsibly, we have the right (but not the obligation) to remove, edit, block, or delete such user's transmissions, content, or use of the Website. We also have the right (but not the obligation) to suspend or terminate your access to and use of specific sections or services of the Website, or delete information you have posted to the Website, without prior notice if you engage in any conduct that we believe, in our sole discretion: (a) violates any provision of the Terms of Use, (b) is offensive to other users, (c) violates the rights of The BreakUp Coach or third parties, or (d) could cause The BreakUp Coach liability. Without limiting the foregoing, upon any termination of your account or access to the Website we may delete all user generated content. If The BreakUp Coach suspects that your registration data is inaccurate or incomplete, we may suspend or terminate your account.
Changes to Website
The BreakUp Coach may change or discontinue, temporarily or permanently, any feature or component of the Website at any time without further notice. You agree that The BreakUp Coach shall not be liable to you or to any third party for any modification, suspension or discontinuance of any feature or component of the Website.
Third Party Websites
The Website may provide links or references to websites operated by third parties. We do not monitor or investigate such websites and we are not responsible for the content, functionality, or practices of such websites. Inclusion of links to third party websites on our Website does not imply approval or endorsement of the linked website by us. If you decide to leave our Website and access these third party websites, you do so at your own risk. The BreakUp Coach suggests that you read the terms of use and privacy policies (if any) on those third party websites. You agree that The BreakUp Coach has no liability for any damage or loss of any type that is a result of your use of a third party website.
Content And Warranty Disclaimer
THE WEBSITE IS PROVIDED BY THE BREAKUP COACH AND ITS AFFILIATES "AS IS." NEITHER THE BREAKUP COACH NOR ITS PARTNERS, SUPPLIERS, OR AFFILIATES MAKE ANY REPRESENTATIONS OR WARRANTIES OF ANY KIND, EXPRESS OR IMPLIED, AS TO THE OPERATION OF THE WEBSITE, ITS CONTENTS, APPLICATIONS AVAILABLE VIA THE WEBSITE OR DOWNLOADED THEREFROM, OR ANY INFORMATION MADE AVAILABLE BY OR THROUGH THE WEBSITE. IN ADDITION, THE BREAKUP COACH AND ITS PARTNERS DISCLAIM ALL WARRANTIES WITH RESPECT TO THE WEBSITE, EXPRESS OR IMPLIED, INCLUDING BUT NOT LIMITED TO THE IMPLIED WARRANTIES OF MERCHANTABILITY, TITLE, FITNESS FOR A PARTICULAR PURPOSE AND NON-INFRINGEMENT. FURTHERMORE, THE BREAKUP COACH DOES NOT WARRANT THAT USE OF THE WEBSITE WILL BE UNINTERRUPTED, AVAILABLE AT ANY TIME OR FROM ANY PARTICULAR LOCATION, SECURE OR ERROR-FREE, THAT DEFECTS WILL BE CORRECTED, OR THAT THE WEBSITE IS FREE OF VIRUSES OR OTHER POTENTIALLY HARMFUL COMPONENTS.
Limitation of Liability
IN NO EVENT WILL THE BREAKUP COACH BE LIABLE FOR DIRECT, INDIRECT, INCIDENTAL, PUNITIVE OR CONSEQUENTIAL DAMAGES (INCLUDING WITHOUT LIMITATION THOSE RESULTING FROM LOST PROFITS, LOST DATA OR BUSINESS INTERRUPTION) ARISING OUT OF THE USE, INABILITY TO USE, OR THE RESULTS OF USE OF THE WEBSITE, WHETHER SUCH DAMAGES ARE BASED ON WARRANTY, CONTRACT, TORT OR ANY OTHER LEGAL THEORY AND WHETHER OR NOT THE BREAKUP COACH HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. THE AGGREGATE LIABILITY OF THE BREAKUP COACH, ARISING FROM OR RELATING TO THE WEBSITE (REGARDLESS OF THE FORM OF ACTION OR CLAIM, E.G. CONTRACT, WARRANTY, TORT, STRICT LIABILITY, NEGLIGENCE, OR ANY OTHER LEGAL THEORY) IS LIMITED TO $100. THE BREAKUP COACH'S AFFILIATES, PROVIDERS AND PARTNERS HAVE NO LIABILITY WHATSOEVER ARISING FROM THE WEBSITE. In some locations applicable law may not allow certain of the limitations described above, in which case such limitations may not apply to you.
Electronic Contracting
Your affirmative act of using this Website and/or registering for the Website constitutes your electronic signature to these Terms of Use and your consent to enter into agreements with us electronically.
General
If any provision(s) of the Terms of Use is found to be contrary to law, then such provision(s) will be construed, as nearly as possible, to reflect the intentions of the parties with the other provisions remaining in full force and effect. The BreakUp Coach's failure to exercise or enforce any right or provision of the Terms of Use will not constitute a waiver of such right or provision unless acknowledged and agreed to by The BreakUp Coach in writing. These terms and conditions constitute the entire agreement between you and The BreakUp Coach with respect to the subject matter herein and supersede any and all prior or contemporaneous oral or written agreements. You may not assign this agreement to any other party and any attempt to do so is void.
If you would like to request additional information regarding these Terms of Use, please contact us at .
Last updated April 14, 2010
