You hereby certify that you are over the age of eighteen (18) or have the legal ability to consent to these Terms.
Presentation of Human Content
By purchasing, accessing, and/or using Content that contains representations of at least one human figure (“Human Content”), you are acknowledging that (a) the relevant scientific and clinical experts in polyvagal theory and trauma therapy explicitly discourage using subject matter like that contained in the Human Content in a clinical setting, (b) displaying or transmitting a representation of a human figure in various nervous system states (including social engagement, play, intimacy, fight response, flight response, freeze response, shutdown, appease, etc.) could elicit distress in a person who has experienced trauma, and (c) in order to responsibly display the Human Content to third parties, the displayer of the Human Content should have the requisite professional training to be able to recognize the signs and symptoms of traumatic distress in a viewer of the Human Content and help a viewer who is experiencing those symptoms of traumatic distress to calm down.
By purchasing, accessing, and/or using the Human Content, you agree and represent that you will not display the Human Content in a clinical setting.
You agree not to access or use the Content in an unlawful way or for an unlawful or illegitimate purpose or in any manner that contravenes these Terms, including in any manner that infringes or violates any of the intellectual property rights of others or the privacy or publicity rights of others.
Your relationship with the provider of the Content is strictly that of an independent licensor and licensee. The Licensor is not involved in the any doctor-patient relationship and does not interfere, validate or control your treatment of your patients. You are always advised to exercise a high level of care and caution in the use of the Content as you would making any mental health or medical decision for yourself or your patients.
All of the Content is the property of Licensor and is protected by copyright, trademark, patent, trade secret and other intellectual property law. Licensor grants you a fully paid up, royalty free, nonexclusive, worldwide license to use, distribute, display, broadcast, and transmit the Content. You agree not to reproduce, disseminate, sell, publish, or circulate to any third parties. All accompanying documentation made available related to the Content is the copyrighted work of the Licensor. Any copy made of the Content must include all applicable copyright notices.
The license granted herein does not permit you to, and you agree not to: (i) modify, translate, reverse engineer, disassemble, decompile or create derivative works of the Content or allow a third party, whether directly or indirectly (including, but not limited to the direct or indirect use of wizards, agents, bots, or other utilities), to modify, translate, reverse engineer, disassemble, decompile or create derivative works of the Content; or (ii) transfer, distribute, sell, lease, rent, disclose or provide access to the Content to any third party.
ACCESS TO THE CONTENT AND THE INFORMATION CONTAINED THEREIN IS PROVIDED “AS IS” AND “AS AVAILABLE” WITHOUT ANY WARRANTY OF ANY KIND, EXPRESS OR IMPLIED. TO THE FULLEST EXTENT PERMISSIBLE PURSUANT TO APPLICABLE LAW, LICENSOR DISCLAIMS ALL WARRANTIES OF ANY KIND, EITHER EXPRESS OR IMPLIED, INCLUDING BUT NOT LIMITED TO ANY IMPLIED WARRANTIES OF TITLE, MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE OR NON-INFRINGEMENT.
WITHOUT LIMITING THE FOREGOING, LICENSOR DOES NOT WARRANT THAT ACCESS TO THE CONTENT WILL BE UNINTERRUPTED OR ERROR-FREE, OR THAT DEFECTS, IF ANY, WILL BE CORRECTED. YOU EXPRESSLY AGREE THAT YOUR USE OF THE CONTENT AND YOUR RELIANCE UPON ANY OF ITS CONTENTS IS AT YOUR SOLE RISK.
YOU SHALL BE SOLELY AND FULLY RESPONSIBLE FOR ANY DAMAGE TO THE CONTENT, OR ANY IMPROPER USE OR DISCLOSURE OF INFORMATION ON THE CONTENT CAUSED BY YOU.
Limitations of Liability
IN THE EVENT OF ANY PROBLEM WITH THE CONTENT OR ANY OF ITS CONTENT, YOU AGREE THAT YOUR SOLE REMEDY IS TO CEASE USING THE CONTENT. UNDER NO CIRCUMSTANCES SHALL LICENSOR OR ANY THIRD PARTY WHO PROMOTES THE CONTENT OR PROVIDES YOU WITH THE CONTENT BE LIABLE IN ANY WAY FOR YOUR USE OF THE CONTENT, INCLUDING, BUT NOT LIMITED TO, ANY ERRORS OR OMISSIONS IN THE CONTENT, ANY INFRINGEMENT BY ANY CONTENT OF THE INTELLECTUAL PROPERTY RIGHTS OR OTHER RIGHTS OF THIRD PARTIES, OR FOR ANY LOSS OR DAMAGE OF ANY KIND INCURRED AS A RESULT OF THE USE OF THE CONTENT.
UNDER NO CIRCUMSTANCES SHALL LICENSOR OR ANY THIRD PARTY WHO PROMOTES THE CONTENT OR PROVIDES YOU WITH THE CONTENT, BE LIABLE FOR ANY PUNITIVE, EXEMPLARY, CONSEQUENTIAL, INCIDENTAL, INDIRECT OR SPECIAL DAMAGES ARISING FROM OR IN CONNECTION WITH YOUR USE OF THE CONTENT, WHETHER UNDER A THEORY OF BREACH OF CONTRACT, NEGLIGENCE, STRICT LIABILITY, MALPRACTICE OR OTHERWISE, EVEN IF LICENSOR OR THEY HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.
Some jurisdictions do not allow the exclusion of certain warranties or the exclusion or limitation of liability for consequential or incidental damages, so the limitations above may not apply to you.
Licensee shall indemnify, protect, defend and hold harmless the Licensor and its members, managers, agents, and associates (including Polyvagal Science, LLC; Stephen Porges; and Deb Dana LCSW), from and against any and all claims, losses and/or damages, judgments, penalties, attorneys’ and consultants’ fees, expenses and/or liabilities arising out of, involving, or in connection with, the use of the Content by Licensee. If any action or proceeding is brought against Licensor by reason of any of the foregoing matters, Licensee shall upon notice defend the same at Licensee’s expense by counsel reasonably satisfactory to Licensor and Licensor shall cooperate with Licensee in such defense. Licensor need not have first paid any such claim in order to be defended or indemnified.
Licensor may suspend or terminate your access to the Content at any time if you fail to comply with these Terms. Licensor reserves the right to change, suspend, or discontinue providing all or part of the Content, temporarily or permanently, without prior notice.
Any dispute or claim relating in any way to your use of the Content will be resolved by binding confidential arbitration, rather than in court. The Federal Arbitration Act and federal arbitration law apply to these Terms. There is no judge or jury in arbitration, and court review of an arbitration award is limited. However, an arbitrator can award on an individual basis the same damages and relief as a court (including injunctive and declaratory relief or statutory damages), and must interpret these Terms as a court would. It is agreed that any dispute resolution proceedings will be conducted only on an individual basis and not in a class, consolidated or representative action. If for any reason a claim proceeds in court rather than in arbitration, Licensor and you each waive any right to a jury trial. It is further agreed that you may not bring suit in court to enjoin infringement or other misuse of intellectual property rights. The place of arbitration shall be Marin County, California.
These Terms are governed by applicable federal law and the laws of the State of California, without regard to any conflict of laws rules or principles. You agree to submit to the venue and jurisdiction of the courts in Marin County, California in the cases that arbitration is not successful or is assigned or appealed to a civil court. Licensor’s failure to enforce any right or provision of these Terms will not be considered a waiver of those rights. If any provision of these Terms is held to be invalid or unenforceable by a court, the remaining provisions of these Terms will remain in effect. Notices required to be given to you by Licensor may be delivered by electronic mail to the email address provided during the purchase of the Content. These Terms constitute the entire agreement between Licensor and yourself regarding the Content, and supersede and replace any prior agreements you and Licensor might have regarding the Content. Licensor may revise these Terms from time to time without notice to you. By continuing to access or use Content after those revisions become effective, you agree to be bound by the revised terms. We encourage you to read the terms periodically.
Our Contact Information
Applicable Mindfulness, Inc.
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