Last Updated: January 12, 2023
IMPORTANT: PLEASE BE ADVISED THAT THIS AGREEMENT CONTAINS PROVISIONS THAT GOVERN HOW CLAIMS BETWEEN YOU AND COMPANY CAN BE BROUGHT, INCLUDING AN ARBITRATION AGREEMENT. PLEASE REVIEW THE ARBITRATION AGREEMENT BELOW CAREFULLY, AS IT REQUIRES YOU TO RESOLVE ALL DISPUTES WITH US ON AN INDIVIDUAL BASIS AND, WITH LIMITED EXCEPTIONS, THROUGH FINAL AND BINDING ARBITRATION (AS DESCRIBED BELOW). BY ENTERING INTO THIS AGREEMENT, YOU EXPRESSLY ACKNOWLEDGE THAT YOU HAVE READ AND UNDERSTAND ALL OF THE TERMS OF THIS AGREEMENT AND HAVE TAKEN TIME TO CONSIDER THE CONSEQUENCES OF THIS IMPORTANT DECISION.
MEDICAL & PROFESSIONAL DISCLAIMER
The Services offer a virtual community to connect with others and receive personal development, self-improvement, motivation and support in their well-being journey. When you use the Services, we may connect you, and information you provide us, with a professional in order to provide you coaching and support. Any coaching provided by a professional is not intended to constitute a professional service offered by the Company. When the Company connects you or your information to a professional, the Company is acting solely as a conduit between you and the professional, with no control over that interaction. In connecting you or your information to a professional, the Company is not directly providing you professional or medical advice, diagnosis, or treatment when making this connection on your behalf. If you think you may have a medical emergency, call your doctor or 911 immediately. If you are thinking about suicide or if you are considering taking actions that may cause harm to you or to others or if you feel that you or any other person may be in any danger or if you have any medical emergency, you must immediately call the relevant emergency service number, notify the relevant authorities, and seek immediate in person assistance. Never disregard professional medical or mental health advice or delay in seeking it because of something you have read via the Services. You should always seek the advice of your qualified healthcare professionals with any questions or concerns you may have regarding potential health conditions. The Company does not recommend or endorse any specific professionals, healthcare providers, products, treatments, procedures, opinions or other information that may be included on, accessed through, sent through or made available for use or download through the Services. Reliance on any information appearing on, accessed through, sent through or made available for use or download through the Services, whether provided by Company, its content providers (including any professionals who provide content through the Services), its clients, visitors to the Services or others, is solely at your own risk.
Any information supplied through this website is for informational purposes or general guidance, and does not constitute medical or professional advice. Mental-health-related content provided through this website is not a substitute for medical advice, and it is important that you do not make medical decisions without first consulting your physician or other healthcare professional.
REGISTRATION FOR THE SERVICES
RESTRICTIONS ON USE
You agree not to use the Services to:
- engage in any fraudulent or otherwise unlawful manner or in any other manner that could damage, disable, overburden or impair the Services;
- upload, post, transmit, share, store or otherwise make available any content that we deem (in our sole discretion) to be harmful, threatening, unlawful, defamatory, infringing, abusive, inflammatory, harassing, vulgar, obscene, fraudulent, invasive of privacy or publicity rights, hateful, or racially, ethnically or otherwise objectionable;
- upload, transmit, share, store, promote, or otherwise encourage suicide or self-harm;
- upload, transmit, share, store, post, or otherwise make available information, strategies, methods or instructions that would assist people to engage in self-harm and suicide;
- except where authorized by the Company, register for more than one User account, or operate a User account on behalf of or for the benefit of any person or entity who is not eligible to register for or operate a User account in their own name;
- operate or otherwise utilize an account for any purpose prohibited by law or regulation, any activity which you are not duly authorized to conduct, or for any purpose prohibited by any other agreement between you and the Company;
- impersonate any person or entity, or falsely state or otherwise misrepresent yourself, or your affiliation with or authority to act on behalf of any person or entity;
- upload, post, transmit, share or otherwise make available any material that contains software viruses or any other malicious or tracking computer code, files or programs designed to track, interrupt, destroy or limit the functionality of any computer software or hardware or telecommunications equipment;
- upload, post, transmit, share, store or otherwise make available content that would constitute, encourage or provide instructions for a criminal offense, violate the rights of any party, or that would otherwise create liability or violate any local, state, national or international law;
- use or attempt to use another's account, service or system without authorization from that person and the Company, or create a false identity on the Services;
- decompile, disassemble, circumvent the security of, or derive the source code of the Services, or remove any proprietary notices contained in the Services’ code; or
- upload, post, transmit, share, store or otherwise make available content that, in the sole judgment of the Company, is objectionable or which restricts or inhibits any other person from using or enjoying the Services, or which may expose the Company or its users to any harm or liability of any type;
- use any automated means to access the Services or collect any information from the Services (including, without limitation, robots, spiders, scripts or other automatic devices or programs);
- frame the Site or the App, utilize framing techniques to enclose any Services Content or other proprietary information, place pop-up windows over this Site's pages, or otherwise affect the display of this Site's pages;
- engage in the practices of "screen scraping," "database scraping" or any other activity with the purpose of obtaining content or other information;
- use the Services to collect or derive any contact information of Users or upload, post, email, transmit or otherwise make available any unsolicited or unauthorized advertising, promotional materials, "junk mail," "spam," "chain letters," "pyramid schemes," or any other form of commercial or non-commercial solicitation or bulk communications of any kind to any Company member or third party;
- use data provided by Company, provided in any manner whatsoever, for any competing uses or purposes; or
- use the Services in any manner that violates applicable law or that could damage, disable, overburden, or impair these Services or interfere with any other party's use and enjoyment of these Services.
We may terminate, disable or throttle your access to, or use of, the Services at any time without notice for any reason, with or without cause at Company’s sole discretion.
Company resides in and provides Services from the United States. Access to the Services may not be legal by certain persons or in certain countries. If you access the Services from outside the United States, you do so on your own initiative and are responsible for compliance with local laws.
By posting User Content on or through the Services, you automatically grant, and you represent and warrant that you have the right to grant, to the Company an irrevocable, perpetual, non-exclusive, transferable, fully paid, royalty-free, worldwide license (with the right to sublicense) to use, copy, publicly perform, publicly display, modify, create derivative works, reformat, translate, excerpt (in whole or in part) and distribute such User Content in connection with operating and providing the Services. You may remove your User Content from the Services at any time. If you choose to remove your User Content, the license granted above will not expire.
You represent and warrant that User Content and any materials of any kind submitted through your account or otherwise posted or shared by you through the Services will not violate or infringe upon the rights of any third party, including copyright, trademark, privacy, publicity or other personal or proprietary rights; or contain libelous, defamatory, fraudulent or otherwise unlawful material.
The Site may allow you to link or unlink certain payment methods such as a debit card to your Account. Money in your Account may be transferred out of the Site by manually transferring it to a debit card linked to your Account.
You hereby consent and authorize the Company to share any information and payment instructions you provide with one or more third party service providers so that we can complete your Purchases and contact you as needed. Unless otherwise stated, all prices for Purchases are in U.S. Dollars.
You agree to pay all charges at the prices then in effect for your Purchases plus any applicable fees. Further, you acknowledge and agree that prices for Purchases in certain geographical areas may increase substantially during times of high demand. Purchases will be inclusive of applicable taxes and fees where required by law. Purchases are final and non-refundable, unless otherwise determined by Company.
As between you and Company, Company reserves the right to establish, remove and/or refuse Purchases for any or all goods or services ordered or obtained through the use of the Services at any time in Company's sole discretion. Company will use reasonable efforts to inform you of charges that may apply, provided that you will be responsible for Purchases incurred under your Account regardless of your awareness of such Purchases or the amounts thereof.
Company may restrict transactions to or from your account or limit access to funds in your Account in an amount and for a period of time Company deems necessary to protect us or others if (a) we are subject to financial risk; (b) you have violated any term of this Agreement; (c) you have pending chargebacks or you may have chargebacks; (d) any dispute exists involving your account; (e) needed to protect the security of our systems; (f) we suspect any unauthorized, fraudulent, suspicious, abusive, or unlawful activities; or (g) required by law or court order or if otherwise requested by law enforcement or any governmental entity.
You will be responsible for payment of the applicable fee for Services (each, a "Service Subscription Fee") at the time you create your Account and select your monthly or annual subscription package (each, a "Service Commencement Date"). Except as set forth in the Agreement, all fees for the Services are non-refundable. No contract will exist between you and the Company for the Services until the Company accepts your order by a confirmatory e-mail or other appropriate means of communication.
Your subscription will continue indefinitely until terminated in accordance with the Agreement. After your initial subscription period, and again after any subsequent subscription period, your subscription will automatically commence on the first day following the end of such period (each, a "Renewal Commencement Date") and continue for an additional equivalent period, at the Company's then-current price for such subscription. You agree that your account will be subject to this automatic renewal feature unless you cancel your subscription before your Renewal Commencement Date. If you do not wish your Account to renew automatically, or if you want to change or terminate your subscription, please contact the Company or log in and go to the "Change/Cancel Subscription" page on your "Account Settings" page. If you cancel your subscription, you may use your subscription until the end of your then-current subscription term; your subscription will not be renewed after your then-current term expires. However, you will not be eligible for a prorated refund of any portion of the subscription fee paid for the then-current subscription period. Upon renewal of your subscription, if the Company does not receive payment, you agree that the Company may either terminate or suspend your subscription, and continue to attempt to charge your payment provider until payment is received.
Any free trial or other promotion that provides a registered user access to Services must be used within the specified time of the trial. At the end of the trial period, your use of Services will expire and any further use of Services is prohibited unless you pay the applicable subscription fee. If you are inadvertently charged for a subscription, please contact us to have the charges reversed.
PROMOTIONS & TRIALS
To redeem a coupon or voucher code, you must provide us with the requested coupon or voucher information. Promotional offers may not be combined with other promotional offers associated with any account that you own, unless otherwise expressly permitted in the applicable terms associated with each promotional offer (“Promotional Terms”). We reserve the right, in our sole and absolute discretion, to determine your eligibility for any promotional offer pursuant to the applicable Promotional Terms. We reserve the right to change, amend, and alter then-current promotional offers or Promotional Terms as well as institute new promotional offers, from time to time and at any time, in our sole and absolute discretion. We do not guarantee that any promotional offers are or will be available to you at all, or in connection with any services desired by you.
Any free trial or other promotion that provides a User access to the Services must be used within the specified time of the trial. At the end of the trial period, your use of that Services will expire and any further use of the Service is prohibited unless you pay the applicable subscription fee (if applicable). If you are inadvertently charged for a subscription, please contact us to have the charges reversed.
INTELLECTUAL PROPERTY MATTERS
The name UR A WarriorTM and other Company graphics, logos, slogans, trade names, designs, page headers, button icons, scripts and service names are registered trademarks, trademarks or trade dress of the Company in the U.S. and/or other countries. The Company's trademarks and trade dress may not be used, including as part of trademarks and/or as part of domain names, in connection with any product or service in any manner that is likely to cause confusion and may not be copied, imitated, or used, in whole or in part, without the prior written permission of the Company.
We take claims of copyright infringement seriously. We will respond to notices of alleged copyrights infringement that comply with applicable law. If you believe that any material on the Services infringes upon any copyright which you own or control, you may request removal of those materials (or access to them) from the Services by submitting a written notification of such infringement to email@example.com. In accordance with the Online Copyright Infringement Liability Limitation Act of the Digital Millennium Copyright Act (17 U.S.C. Section 512) (the “DMCA”), the written notice (the “DMCA Notice”) must include substantially the following:
- Your physical or electronic signature.
- Identification of the copyrighted work you believe to have been infringed or, if the claim involves multiple works on the App, a representative list of such works.
- Identification of the material you believe to be infringing in a sufficiently precise manner to allow us to locate that material.
- Adequate information by which we can contact you (including your name, postal address, telephone number, and, if available, email address).
- A statement that you have a good faith belief that use of the copyrighted material is not authorized by the copyright owner, its agent, or the law.
- A statement that the information in the written notice is accurate.
- A statement, under penalty of perjury, that you are authorized to act on behalf of the copyright owner.
If you fail to comply with all of the requirements of Section 512(c)(3) of the DMCA, your DMCA Notice may not be effective. Please be aware that if you knowingly materially misrepresent that material or activity on the App is infringing your copyright, you may be held liable for damages (including costs and attorneys' fees) under Section 512(f) of the DMCA.
Counter Notification Procedures
If you believe that material you posted on the App was removed or access to it was disabled by mistake or misidentification, you may file a counter notification with us (a "Counter Notice") by submitting written notification to firstname.lastname@example.org. Pursuant to the DMCA, the Counter Notice must include substantially the following:
- Your physical or electronic signature.
- An identification of the material that has been removed or to which access has been disabled and the location at which the material appeared before it was removed or access disabled.
- Adequate information by which we can contact you (including your name, postal address, telephone number, and, if available, email address).
- A statement under penalty of perjury by you that you have a good faith belief that the material identified above was removed or disabled as a result of a mistake or misidentification of the material to be removed or disabled.
- A statement that you will consent to the jurisdiction of the Federal District Court for the judicial district in which your address is located (or if you reside outside the United States for any judicial district in which the App may be found) and that you will accept service from the person (or an agent of that person) who provided the App with the complaint at issue.
The DMCA allows us to restore the removed content if the party filing the original DMCA Notice does not file a court action against you within ten business days of receiving the copy of your Counter Notice.
Please be aware that if you knowingly materially misrepresent that material or activity on the App was removed or disabled by mistake or misidentification, you may be held liable for damages (including costs and attorneys' fees) under Section 512(f) of the DMCA.
It is our policy in appropriate circumstances to disable and/or terminate the accounts of users who are repeat infringers.
You acknowledge and agree that any questions, comments, suggestions, ideas, feedback or other information about the Services ("Submissions"), provided by you to the Company are non-confidential and shall become the sole property of the Company. The Company shall own exclusive rights, including all intellectual property rights, and shall be entitled to the unrestricted use and dissemination of these Submissions for any purpose, commercial or otherwise, without acknowledgment or compensation to you.
Links to Other Web Sites and Content
The Services may contain (or you may be sent through the Services) links to other websites ("Third Party Sites"), as well as articles, photographs, text, graphics, pictures, designs, music, sound, video, information, software and other content belonging to or originating from third parties (the "Third Party Content"). Such Third-Party Sites and Third-Party Content are not investigated, monitored or checked for accuracy, appropriateness, or completeness by us, and we are not responsible for any Third-Party Sites or Third Party Content accessed through the Services, including without limitation the content, accuracy, offensiveness, opinions, reliability or policies of or contained in the Third-Party Sites or the Third-Party Content. Inclusion of or linking to any Third-Party Site or any Third-Party Content does not imply approval or endorsement thereof by us. If you decide to leave the App or the Site and access the Third-Party Sites, you do so at your own risk and you should be aware that our terms and policies no longer govern. You should review the applicable terms and policies, including privacy and data gathering practices, of any site to which you navigate from the App or the Site.
Company and its affiliates, subsidiaries, providers and their respective members, managers, officers, directors, employees, agents, contractors, and licensors (collectively the "Company Parties") do not guarantee the accuracy, adequacy, timeliness, reliability, completeness, or usefulness of any of the Services Content and the Company Parties disclaim liability for errors or omissions in the Services Content.
THE SERVICES AND ALL OF THE SERVICES CONTENT ARE PROVIDED "AS IS" AND "AS AVAILABLE," WITHOUT ANY WARRANTY, EITHER EXPRESS OR IMPLIED, INCLUDING THE IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, NON-INFRINGEMENT OR QUIET ENJOYMENT. ADDITIONALLY, THERE ARE NO WARRANTIES AS TO THE RESULTS OF YOUR USE OF THE SERVICES CONTENT. THE COMPANY PARTIES DO NOT WARRANT THAT THE SERVICES ARE FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS.
Although we provide rules for User conduct and postings, we do not control and are not responsible for any User Content. The Company is not responsible for the conduct, whether online or offline, of any user of the Services. The Company cannot guarantee and does not promise any specific results from use of the Services to obtain an advance.
The Services may be temporarily unavailable from time to time for maintenance or other reasons. The Company assumes no responsibility for any error, omission, interruption, deletion, defect, delay in operation or transmission, communications line failure, theft or destruction or unauthorized access to, or alteration of, User communications. The Company is not responsible for any problems or technical malfunction of any telephone network or lines, computer online systems, servers or providers, computer equipment, software, failure of email or players on account of technical problems or traffic congestion on the Internet or on the Services or combination thereof, including injury or damage to Users or to any other person's computer related to or resulting from participating or downloading materials in connection with the Web and/or in connection with the Service. Under no circumstances will the Company be responsible for any loss or damage to any User Content.
The Company reserves the right to change any and all content contained on the Services at any time without notice. Reference to any products, services, processes or other information, by trade name, trademark, manufacturer, supplier or otherwise does not constitute or imply endorsement, sponsorship or recommendation thereof, or any affiliation therewith, by the Company.
Limitation on Liability
IN NO EVENT WILL THE COMPANY PARTIES BE LIABLE TO YOU OR ANY THIRD PARTY FOR ANY INDIRECT, CONSEQUENTIAL, EXEMPLARY, INCIDENTAL, SPECIAL OR PUNITIVE DAMAGES, OR FOR ANY LOST PROFITS OR LOST DATA ARISING FROM YOUR USE OF THE SERVICES OR ANY OF THE SERVICES CONTENT OR OTHER MATERIALS ON OR ACCESSED THROUGH THE SERVICES, EVEN IF THE COMPANY IS AWARE OR HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.
THE COMPANY PARTIES’ LIABILITY TO YOU IN CONNECTION WITH YOUR USE OF THE SERVICES OR ANY OF THE SERVICES CONTENT OR OTHER MATERIALS ON OR ACCESSED THROUGH THE SERVICES FOR ANY CAUSE WHATSOEVER, AND REGARDLESS OF THE FORM OF THE ACTION (WHETHER ARISING IN TORT, CONTRACT, STRICT LIABILITY OR OTHERWISE), WILL AT ALL TIMES BE LIMITED TO ONE HUNDRED DOLLARS ($100).
THE EXCLUSIONS AND LIMITATIONS OF DAMAGES SET FORTH ABOVE ARE FUNDAMENTAL ELEMENTS OF THE BASIS OF THE BARGAIN BETWEEN COMPANY AND YOU.
Right to Opt Out
Class Action Waiver
You and Company each agree that any arbitration will be conducted only on an individual basis and not as a class, consolidated or representative action. To the fullest extent permitted by law, (a) no arbitration will be joined or consolidated with any other; (b) there is no right or authority for any dispute to be arbitrated on a class-action or private attorney general basis or to utilize class action procedures; and (c) there is no right or authority for any dispute to be brought in a purported representative capacity on behalf of the general public or any other persons. No arbitrator shall have the authority to issue any relief that applies to any person or entity other than Company and/or you individually.