TERMS OF USE
Last updated October 8, 2024
AGREEMENT TO OUR LEGAL TERMS
We are Lynne DiPirro Performance PLLC ("Company," "we," "us," "our").
We operate the website http://www.lynnedipirroperformance.com (the "Site"), as well as any other related products and services that refer or link to these legal terms (the "Legal Terms") (collectively, the "Services").
We provide online pelvic health coaching services to improve overall wellness and prevent onset of pelvic floor dysfunction.
You can contact us by email at admin@lynnedipirro.com or by phone at (508)360-0797.
These Legal Terms constitute a legally binding agreement made between you, whether personally or on behalf of an entity ("you"), and Lynne DiPirro Performance PLLC, concerning your access to and use of the Services. You agree that by accessing the Services, you have read, understood, and agreed to be bound by all of these Legal Terms. THESE TERMS CONTAIN A BINDING ARBITRATION PROVISION. PLEASE REVIEW THE ARBITRATION PROVISION CAREFULLY FOR DETAILS. IF YOU DO NOT AGREE WITH ALL OF THESE LEGAL TERMS, THEN YOU ARE EXPRESSLY PROHIBITED FROM USING THE SERVICES AND YOU MUST DISCONTINUE USE IMMEDIATELY.
Supplemental terms and conditions or documents that may be posted on the Services from time to time are hereby expressly incorporated herein by reference. We reserve the right, in our sole discretion, to make changes or modifications to these Legal Terms at any time and for any reason. We will alert you about any changes by updating the "Last updated" date of these Legal Terms, and you waive any right to receive specific notice of each such change. It is your responsibility to periodically review these Legal Terms to stay informed of updates. You will be subject to, and will be deemed to have been made aware of and to have accepted, the changes in any revised Legal Terms by your continued use of the Services after the date such revised Legal Terms are posted.
The Services are intended for users who are at least 18 years old. Persons under the age of 18 are not permitted to use or register for the Services.
We recommend that you print a copy of these Legal Terms for your records.
TABLE OF CONTENTS
2. INTELLECTUAL PROPERTY RIGHTS
5. USER GENERATED CONTRIBUTIONS
7. PAID COURSES, PROGRAMS, AND MATERIALS
11. MODIFICATIONS AND INTERRUPTIONS
19. ELECTRONIC COMMUNICATIONS, TRANSACTIONS, AND SIGNATURES
20. CALIFORNIA USERS AND RESIDENTS
1. OUR SERVICES
The information provided when using the Services is not intended for distribution to or use by any person or entity in any jurisdiction or country where such distribution or use would be contrary to law or regulation or which would subject us to any registration requirement within such jurisdiction or country. Accordingly, those persons who choose to access the Services from other locations do so on their own initiative and are solely responsible for compliance with local laws, if and to the extent local laws are applicable.
The Services are not tailored to comply with industry-specific regulations (Health Insurance Portability and Accountability Act (HIPAA), Federal Information Security Management Act (FISMA), etc.), so if your interactions would be subjected to such laws, you may not use the Services. You may not use the Services in a way that would violate the Gramm-Leach-Bliley Act (GLBA).
2. INTELLECTUAL PROPERTY RIGHTS
Our intellectual property
We are the owner or the licensee of all intellectual property rights in our Services, including all source code, databases, functionality, software, website designs, audio, video, text, photographs, and graphics in the Services (collectively, the "Content"), as well as the trademarks, service marks, and logos contained therein (the "Marks").
Our Content and Marks are protected by copyright and trademark laws (and various other intellectual property rights and unfair competition laws) and treaties in the United States and around the world.
The Content and Marks are provided in or through the Services "AS IS" for your personal, non-commercial use only.
Your use of our Services
Subject to your compliance with these Legal Terms, including the "PROHIBITED ACTIVITIES" section below, we grant you a non-exclusive, non-transferable, revocable license to:
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access the Services; and
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download or print a copy of any portion of the Content to which you have properly gained access.
solely for your personal, non-commercial use.
Except as set out in this section or elsewhere in our Legal Terms, no part of the Services and no Content or Marks may be copied, reproduced, aggregated, republished, uploaded, posted, publicly displayed, encoded, translated, transmitted, distributed, sold, licensed, or otherwise exploited for any commercial purpose whatsoever, without our express prior written permission.
If you wish to make any use of the Services, Content, or Marks other than as set out in this section or elsewhere in our Legal Terms, please address your request to: admin@lynnedipirro.com. If we ever grant you the permission to post, reproduce, or publicly display any part of our Services or Content, you must identify us as the owners or licensors of the Services, Content, or Marks and ensure that any copyright or proprietary notice appears or is visible on posting, reproducing, or displaying our Content.
We reserve all rights not expressly granted to you in and to the Services, Content, and Marks.
Any breach of these Intellectual Property Rights will constitute a material breach of our Legal Terms and your right to use our Services will terminate immediately.
Your submissions
Please review this section and the "PROHIBITED ACTIVITIES" section carefully prior to using our Services to understand the (a) rights you give us and (b) obligations you have when you post or upload any content through the Services.
Submissions: By directly sending us any question, comment, suggestion, idea, feedback, or other information about the Services ("Submissions"), you agree to assign to us all intellectual property rights in such Submission. You agree that we shall own this Submission and be entitled to its unrestricted use and dissemination for any lawful purpose, commercial or otherwise, without acknowledgment or compensation to you.
You are responsible for what you post or upload: By sending us Submissions through any part of the Services you:
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confirm that you have read and agree with our "PROHIBITED ACTIVITIES" and will not post, send, publish, upload, or transmit through the Services any Submission that is illegal, harassing, hateful, harmful, defamatory, obscene, bullying, abusive, discriminatory, threatening to any person or group, sexually explicit, false, inaccurate, deceitful, or misleading;
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to the extent permissible by applicable law, waive any and all moral rights to any such Submission;
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warrant that any such Submission are original to you or that you have the necessary rights and licenses to submit such Submissions and that you have full authority to grant us the above-mentioned rights in relation to your Submissions; and
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warrant and represent that your Submissions do not constitute confidential information.
You are solely responsible for your Submissions and you expressly agree to reimburse us for any and all losses that we may suffer because of your breach of (a) this section, (b) any third party’s intellectual property rights, or (c) applicable law.
3. USER REPRESENTATIONS
By using the Services, you represent and warrant that: (1) you have the legal capacity and you agree to comply with these Legal Terms; (2) you are not a minor in the jurisdiction in which you reside; (3) you will not access the Services through automated or non-human means, whether through a bot, script or otherwise; (4) you will not use the Services for any illegal or unauthorized purpose; and (5) your use of the Services will not violate any applicable law or regulation.
If you provide any information that is untrue, inaccurate, not current, or incomplete, we have the right to suspend or terminate your account and refuse any and all current or future use of the Services (or any portion thereof).
4. PROHIBITED ACTIVITIES
You may not access or use the Services for any purpose other than that for which we make the Services available. The Services may not be used in connection with any commercial endeavors except those that are specifically endorsed or approved by us.
As a user of the Services, you agree not to:
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Systematically retrieve data or other content from the Services to create or compile, directly or indirectly, a collection, compilation, database, or directory without written permission from us.
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Trick, defraud, or mislead us and other users, especially in any attempt to learn sensitive account information such as user passwords.
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Circumvent, disable, or otherwise interfere with security-related features of the Services, including features that prevent or restrict the use or copying of any Content or enforce limitations on the use of the Services and/or the Content contained therein.
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Disparage, tarnish, or otherwise harm, in our opinion, us and/or the Services.
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Use any information obtained from the Services in order to harass, abuse, or harm another person.
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Make improper use of our support services or submit false reports of abuse or misconduct.
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Use the Services in a manner inconsistent with any applicable laws or regulations.
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Engage in unauthorized framing of or linking to the Services.
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Upload or transmit (or attempt to upload or to transmit) viruses, Trojan horses, or other material, including excessive use of capital letters and spamming (continuous posting of repetitive text), that interferes with any party’s uninterrupted use and enjoyment of the Services or modifies, impairs, disrupts, alters, or interferes with the use, features, functions, operation, or maintenance of the Services.
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Engage in any automated use of the system, such as using scripts to send comments or messages, or using any data mining, robots, or similar data gathering and extraction tools.
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Delete the copyright or other proprietary rights notice from any Content.
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Attempt to impersonate another user or person or use the username of another user.
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Upload or transmit (or attempt to upload or to transmit) any material that acts as a passive or active information collection or transmission mechanism, including without limitation, clear graphics interchange formats ("gifs"), 1×1 pixels, web bugs, cookies, or other similar devices (sometimes referred to as "spyware" or "passive collection mechanisms" or "pcms").
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Interfere with, disrupt, or create an undue burden on the Services or the networks or services connected to the Services.
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Harass, annoy, intimidate, or threaten any of our employees or agents engaged in providing any portion of the Services to you.
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Attempt to bypass any measures of the Services designed to prevent or restrict access to the Services, or any portion of the Services.
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Copy or adapt the Services' software, including but not limited to Flash, PHP, HTML, JavaScript, or other code.
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Except as permitted by applicable law, decipher, decompile, disassemble, or reverse engineer any of the software comprising or in any way making up a part of the Services.
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Except as may be the result of standard search engine or Internet browser usage, use, launch, develop, or distribute any automated system, including without limitation, any spider, robot, cheat utility, scraper, or offline reader that accesses the Services, or use or launch any unauthorized script or other software.
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Use a buying agent or purchasing agent to make purchases on the Services.
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Make any unauthorized use of the Services, including collecting usernames and/or email addresses of users by electronic or other means for the purpose of sending unsolicited email, or creating user accounts by automated means or under false pretenses.
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Use the Services as part of any effort to compete with us or otherwise use the Services and/or the Content for any revenue-generating endeavor or commercial enterprise.
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Use the Services to advertise or offer to sell goods and services.
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Sell or otherwise transfer your profile.
5. USER GENERATED CONTRIBUTIONS
The Services does not offer users to submit or post content. We may provide you with the opportunity to create, submit, post, display, transmit, perform, publish, distribute, or broadcast content and materials to us or on the Services, including but not limited to text, writings, video, audio, photographs, graphics, comments, suggestions, or personal information or other material (collectively, "Contributions"). Contributions may be viewable by other users of the Services and through third-party websites. As such, any Contributions you transmit may be treated in accordance with the Services' Privacy Policy. When you create or make available any Contributions, you thereby represent and warrant that:
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The creation, distribution, transmission, public display, or performance, and the accessing, downloading, or copying of your Contributions do not and will not infringe the proprietary rights, including but not limited to the copyright, patent, trademark, trade secret, or moral rights of any third party.
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You are the creator and owner of or have the necessary licenses, rights, consents, releases, and permissions to use and to authorize us, the Services, and other users of the Services to use your Contributions in any manner contemplated by the Services and these Legal Terms.
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You have the written consent, release, and/or permission of each and every identifiable individual person in your Contributions to use the name or likeness of each and every such identifiable individual person to enable inclusion and use of your Contributions in any manner contemplated by the Services and these Legal Terms.
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Your Contributions are not false, inaccurate, or misleading.
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Your Contributions are not unsolicited or unauthorized advertising, promotional materials, pyramid schemes, chain letters, spam, mass mailings, or other forms of solicitation.
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Your Contributions are not obscene, lewd, lascivious, filthy, violent, harassing, libelous, slanderous, or otherwise objectionable (as determined by us).
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Your Contributions do not ridicule, mock, disparage, intimidate, or abuse anyone.
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Your Contributions are not used to harass or threaten (in the legal sense of those terms) any other person and to promote violence against a specific person or class of people.
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Your Contributions do not violate any applicable law, regulation, or rule.
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Your Contributions do not violate the privacy or publicity rights of any third party.
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Your Contributions do not violate any applicable law concerning child pornography, or otherwise intended to protect the health or well-being of minors.
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Your Contributions do not include any offensive comments that are connected to race, national origin, gender, sexual preference, or physical handicap.
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Your Contributions do not otherwise violate, or link to material that violates, any provision of these Legal Terms, or any applicable law or regulation.
Any use of the Services in violation of the foregoing violates these Legal Terms and may result in, among other things, termination or suspension of your rights to use the Services.
6. CONTRIBUTION LICENSE
You and Services agree that we may access, store, process, and use any information and personal data that you provide following the terms of the Privacy Policy and your choices (including settings).
By submitting suggestions or other feedback regarding the Services, you agree that we can use and share such feedback for any purpose without compensation to you.
We do not assert any ownership over your Contributions. You retain full ownership of all of your Contributions and any intellectual property rights or other proprietary rights associated with your Contributions. We are not liable for any statements or representations in your Contributions provided by you in any area on the Services. You are solely responsible for your Contributions to the Services and you expressly agree to exonerate us from any and all responsibility and to refrain from any legal action against us regarding your Contributions.
7. PAID COURSES, PROGRAMS, AND MATERIALS
Lynne DiPirro Performance PLLC (“Company”) offers access to various online courses, programs, and associated materials (collectively the “Online Courses”). By submitting payment or participating in any of the Online Courses as a student (“you”), you voluntarily join the Online Courses and agree to these additional Terms and Conditions (“Online Courses Agreement”), which along with our Legal Terms of Use (incorporated herein by reference) govern your participation in the Online Courses. If you do not agree with these Terms and Conditions, do not submit payment or participate in the Online Courses.
License
The Company is the sole owner, or authorized licensee, of all intellectual property and other rights in the Online Courses including associated materials and all components including any modifications thereto. Your payment for participation in these Online Courses grants you a limited, personal, non-exclusive, non-transferable license to use our Online Courses for your own personal, non-commercial use. No right, title or interest shall pass to you to in the Online Courses. All rights not expressly granted in these terms or any express license are reserved by us. Except as otherwise provided, you acknowledge and agree that you have no right to modify, edit, copy, reproduce, create derivative works of, reverse engineer, alter, enhance or in any way exploit any of the Online Courses in any manner.
By accessing, purchasing, or participating in the Online Courses, you agree that the Online Courses you purchase, access, or participate in may only be used by you for your personal use and may not be sold or redistributed without our express written consent. You further agree that you shall not create any derivative works based upon the Online Courses and you shall not offer any competing products or services based upon the information contained in the Online Courses.
Our Courses available as part of the Online Courses
Descriptions and costs of the Online Courses are located on the Site. We try to make the course descriptions as accurate as possible. However, we do not warrant the descriptions of the Online Courses are accurate, complete, reliable, current, or error-free. We reserve the right to correct any errors, inaccuracies, or omissions regarding pricing or course descriptions on the Site at any time and without prior notice including the right to cancel any purchases containing pricing errors after the receipt of course registration.
We reserve the right to restrict access to or modify the courses available as Online Courses at any time, including adding, replacing, or removing videos, modules and/or materials without liability to you.
Thinkific.com Inc. is our Outside Service Provider for Online Courses
Thinkific.com Inc. provides the technical means to make the course content available online to you. Thinkific.com Inc. will be responsible for hosting a site where you can access the Online Courses and will process your payment for your purchase of the Online Courses.
You will be required to register and set up an account with Thinkific.com Inc. to purchase and participate in the Online Courses. Any information you provide as part of these interactions such as your name, address, method of payment, credit card number, and billing information may be collected and retained by Thinkific.com Inc. Your registration and participation in the Online Courses subjects you to the terms of use of www.thinkific.com as well as their Privacy Policy which can be found at this link https://www.thinkific.com/privacy-policy We are not responsible for the independent policies of Thinkific.com Inc. You assume full responsibility for your voluntary choice to access the Online Courses through the Thinkific site and your disclosure of personal information to them.
Payment
Payment is due and payable when you register for the Online Courses. You may not access or participate in any Online Courses until full payment for the course selection chosen is processed. Payment is processed through www.thinkific.com. We do not have access to your payment information. We will only receive information from Thinkific.com Inc. regarding your name, email address, IP address, course selection and confirmation of payment once you have purchased a course available in the Online Courses.
No Refunds
All purchases of Online Courses are final, and the Company does not offer any money-back guarantees. You acknowledge and agree that you shall not be entitled to a refund for any purchase under any circumstances.
Since we have a clear and explicit no refund policy which you are aware of and have agreed to prior to completing the purchase of the Online Courses, we do not tolerate or accept any chargeback threat or actual chargeback from your credit card company. In the event a chargeback is placed, or we receive a chargeback threat after the Online Courses purchase, we reserve the right to report the incident to all three credit reporting agencies or to any other entity for inclusion in any chargeback database or for listing as a delinquent account which could have a negative impact on your credit report score. The information reported will include your name, email address, order date, order amount, and billing address.
Student Responsibilities & Assumption of Risk
Well-Being. You are responsible for your physical, mental, and emotional well-being, decisions, actions, and results during your participation in the Online Courses. Please self-monitor and stop participating if you feel your well-being is at risk.
Assumption of Risk. You understand that all forms of exercise involve some risk of injury. You accept complete sole responsibility for your health and well-being for your participation in the voluntary Online Courses. The following guidelines and recommendations can help you reduce your risk:
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Listen to and follow instructions carefully.
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Please respect your body’s abilities and limits.
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Do not perform painful movements.
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Pregnant women: it is suggested that you consult your healthcare provider before participating.
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It is always advisable to consult your physician before embarking on any therapy or exercise program.
Online Community Forum
The Online Courses may contain bulletin boards, chat areas, forums and other means of communication which you may participate in to communicate with others participating in the Online Courses (“Communication Services”). You agree to use the Communication Services only to post, send and receive messages and material that are proper and related to the content and subjects of the Online Courses. As one of our Services, your use of the Communication Services to post and send content (“Your Contributions”), is subject to the applicable provisions of our Legal Terms regarding Your Contributions. Please review the information regarding Your Submissions and Contributions, specifically, Section 4. PROHIBITED ACTIVITIES, Section 5. USER GENERATED CONTRIBUTIONS, and Section 6. CONTRIBUTION LICENSE which outlines your agreed to Terms.
If you participate in the Communication Services, you acknowledge and agree that all User Generated Contributions, including that available via the Communication Services, is the sole responsibility of the party from whom such Contributions originated. This means, you and not us, are entirely responsible for the Contributions that you upload, post, e-mail, transmit, or otherwise makes available through the Communication Services, including but not limited to descriptions, texts, information, data, comments, photos, videos, images, trademarks, logos, brands or other materials you upload or post through the Services.
We have no obligation to review or monitor User Generated Contributions. We do not approve, endorse, or make any representations or warranties with respect to User Generated Contributions. Your use of User Generated Contributions is entirely at your own discretion and risk. However, we retain the right to disclose information about you to any third party who claims that material posted by you violates their rights, review, monitor, refuse, and remove any User Generated Contributions which include Your Contributions, at our sole discretion and without prior notice including whether the User Generated Contributions violate these Terms or any applicable law.
Unless noted in our Privacy Policy, we have no responsibility or liability for the deletion or accuracy of any User Generated Contributions, including Your Contributions; the failure to store, transmit, or receive transmission of User Generated Contributions; or the security, privacy, storage, or transmission of other communications originating with or involving use of the Services.
Waiver and Release of Claims
In consideration of your participation in the Online Courses, you, for yourself, heirs and assigns hereby knowingly and voluntarily release, waive, and forever discharge the Company, its subsidiaries, owners, officers, employees, staff, instructors, directors, principals, trainers, volunteers, and agents from any liability now or in the future, for any claims connected with or arising from your participation in the Online Courses including to the fullest extent allowed by law, any such claims which alleged negligent acts or omissions. You understand and agree that if you experience any physical problems as a participant in the Online Courses you waive any right, actual or presumed, to bring a cause of action against the Company for any physical injury arising from or in connection with your participation in the Online Courses unless caused by the reckless disregard or gross negligence of the Company.
Disclaimers
For Informational and Educational Purposes Only. Any information provided in the Online Courses is for educational and informational purposes only. This information is not intended as, and shall not be understood as legal, financial, tax, medical, health, or any other professional advice.
Not Medical Advice. Any information provided in the Online Courses shall not be perceived as or relied upon in any way as medical advice or mental health advice. Any information provided in the Online Course is not intended to be a substitute for professional medical advice, diagnosis or treatment that can be provided by your own physician, nurse practitioner, physician assistant, therapist, counselor, mental health practitioner, licensed dietitian or nutritionist, or any other licensed or registered health care professional. Do not disregard professional medical advice or delay seeking professional advice because of information received in the Online Courses. Do not stop taking any medications without speaking to your physician, nurse practitioner, physician assistant, mental health provider or other health care professional. We are providing educational information for your reference, not personalized information. We are not providing health care, medical or nutrition therapy services or attempting to diagnose, treat, prevent or cure in any manner whatsoever any physical ailment, or any mental or emotional issue, disease or condition. We are not giving medical or psychological advice whatsoever.
No Liability for Opinions Expressed in Submissions and Contributions. The views and opinions in any Submissions and Contributions are those of the individuals expressing such views and opinions, and do not reflect those of the Company. We will not be responsible or liable to any third party for User Generated Contributions.
No Warranties or Guarantees. We warrant that we will use commercially reasonable best efforts to provide the Online Courses in a timely and professional manner. TO THE FULLEST EXTENT ALLOWED BY LAW, THE COMPANY MAKES NO OTHER WARRANTIES, EXPRESS OR IMPLIED WITH RESPECT TO THE ONLINE COURSES AND SPECIFICALLY DISCLAIMS ANY IMPLIED WARRANTIES OF TITLE, MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, AND NON-INFRINGEMENT. Without limiting the foregoing, we specifically make no warranty or guarantee that you will experience a particular health result, cure for a pelvic floor ailment, or any outcome including satisfaction resulting from your participation in the Online Courses. Your individual results may vary due to your efforts, situation, or any number of other circumstances beyond the knowledge and control of the Company.
Limitation of Liability
The Company will not be liable to you for any type of direct, indirect, special, incidental, equitable, or consequential damages for any delays, loss, damage, injury, wasted time and for any other loss or damage of any kind, whether caused by negligence, breach of contract, or otherwise, as a result of your participation in any of the Online Courses. You hereby release the Company from any and all claims, including, without limitation, those related to personal injuries, accidents, misapplication of information, or any other loss, physical or mental disease, condition, or issue, or otherwise. YOU AGREE NOT TO FILE ANY LAWSUIT OR PROCEEDING INCONSISTENT WITH THE FOREGOING LIABILITY LIMITATIONS. IF ANY COURT DETERMINES THE LAW OF SUCH A JURISDICTION APPLIES, OUR LIABILITY WILL BE LIMITED TO THE GREATEST EXTENT PERMITTED BY LAW.
As outlined in Section 13. Dispute Resolution, of the Legal Terms of Use, unless stated herein or otherwise required by the applicable AAA rules or applicable law, any claims made in connection with or arising under this Online Courses Agreement must be brought forth in binding arbitration. In no event shall any claim brought by either Party related in any way to the Online Courses be commenced more than one (1) year after the cause of action arose or such claims shall be forever forfeited. If this provision is found to be illegal or unenforceable, then neither Party will elect to arbitrate any claim falling within that portion of this provision found to be illegal or unenforceable and such claim shall be decided by a court of competent jurisdiction within the courts listed for jurisdiction below, and the Parties agree to submit to the personal jurisdiction of that court.
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Indemnification
You, on behalf of yourself, your heirs and assigns, agree to defend, indemnify, and hold us harmless, including our subsidiaries, affiliates, and all of our respective officers, agents, partners, and employees, from and against any loss, damage, liability, claim, or demand, including reasonable attorneys’ fees and expenses, made by any third party due to or arising out of: (1) use of the Online Courses; (2) breach of this Online Courses Agreement (3) any breach of your representations and warranties set forth in this Online Courses Agreement; (4) your violation of the rights of a third party, including but not limited to intellectual property rights; or (5) any overt harmful act toward any other user of the Online Courses with whom you connected via the Services. Notwithstanding the foregoing, we reserve the right, at your expense, to assume the exclusive defense and control of any matter for which you are required to indemnify us, and you agree to cooperate, at your expense, with our defense of such claims. We will use reasonable efforts to notify you of any such claim, action, or proceeding which is subject to this indemnification upon becoming aware of it.
Notification
All notices and other communications given in connection with this Online Courses Agreement shall be in writing and shall be deemed given when sent as an email to the email address submitted with your registration information for the Online Courses.
Notifications may be sent to the Company at: admin@lynnedipirro.com
Notice shall be deemed served as of the date sent.
Miscellaneous
Entire Agreement. This Online Courses Agreement incorporated as part of our Legal Terms supersedes any and all other agreements, either oral or written, between the Parties hereto with respect to the License granted hereunder and contains all the covenants and agreements between the Parties with respect thereto. Each party to this Online Courses Agreement acknowledges that no representations, inducements, promises, or agreements, orally or otherwise, have been made by any party, or anyone acting on behalf of any party, that are not embodied herein, and that no other agreement, statement, or promise not contained in this agreement shall be valid or binding. Any modification of this Online Courses Agreement will be effective only if it is in writing signed by the party to be charged.
Governing Law. Unless otherwise expressly stated herein, your use of the Online Courses and this Online Courses Agreement are governed by and construed in accordance with the laws of the Commonwealth of Massachusetts applicable to agreements made and to be entirely performed within the Commonwealth of Massachusetts, without regard to its conflict of law principles.
Forum. As outlined in Section 13. Dispute Resolution, unless stated herein or otherwise required by the applicable AAA rules or applicable law, binding arbitration will take place in Barnstable County, Massachusetts.
If for any reason, a claim proceeds in court rather than arbitration, the claim shall be commenced or prosecuted in the state courts located in Barnstable County, Massachusetts or the U.S. District Court for the District of Massachusetts and the Parties hereby consent to, and waive all defenses of lack of personal jurisdiction, and forum non conveniens with respect to venue and jurisdiction in such state and federal courts.
Partial Invalidity. If any provision in this Online Courses Agreement is held by a court of competent jurisdiction to be invalid, void, or unenforceable, the remaining provisions will nevertheless continue in full force without being impaired or invalidated in any way.
No Waiver. No consent or waiver, express or implied, by any party to any breach or default by any other party in the performance by such other party of its obligations hereunder shall be deemed or construed to be a consent or waiver to or of any other breach or default in the performance of obligations hereunder by such other party hereunder. Failure on the part of any party to complain of any act or failure to act of any other party or to declare any other party in default, irrespective of how long such failure continues, shall not constitute a waiver by such first party of any of its rights hereunder.
Headings and Interpretation. Headings are inserted for the convenience of the Parties only and are not to be considered when interpreting this Online Courses Agreement. Whenever the words "include," "includes," or "including," are used in this Online Courses Agreement, they shall be deemed to be followed by the words "without limitation."
8. SERVICES MANAGEMENT
We reserve the right, but not the obligation, to: (1) monitor the Services for violations of these Legal Terms; (2) take appropriate legal action against anyone who, in our sole discretion, violates the law or these Legal Terms, including without limitation, reporting such user to law enforcement authorities; (3) in our sole discretion and without limitation, refuse, restrict access to, limit the availability of, or disable (to the extent technologically feasible) any of your Contributions or any portion thereof; (4) in our sole discretion and without limitation, notice, or liability, to remove from the Services or otherwise disable all files and content that are excessive in size or are in any way burdensome to our systems; and (5) otherwise manage the Services in a manner designed to protect our rights and property and to facilitate the proper functioning of the Services.
9. PRIVACY POLICY
We care about data privacy and security. Please review our Privacy Policy: https://www.lynnedipirroperformance.com/privacy-policy. By using the Services, you agree to be bound by our Privacy Policy, which is incorporated into these Legal Terms. Please be advised the Services are hosted in the United States. If you access the Services from any other region of the world with laws or other requirements governing personal data collection, use, or disclosure that differ from applicable laws in the United States, then through your continued use of the Services, you are transferring your data to the United States, and you expressly consent to have your data transferred to and processed in the United States.
10. TERM AND TERMINATION
These Legal Terms shall remain in full force and effect while you use the Services. WITHOUT LIMITING ANY OTHER PROVISION OF THESE LEGAL TERMS, WE RESERVE THE RIGHT TO, IN OUR SOLE DISCRETION AND WITHOUT NOTICE OR LIABILITY, DENY ACCESS TO AND USE OF THE SERVICES (INCLUDING BLOCKING CERTAIN IP ADDRESSES), TO ANY PERSON FOR ANY REASON OR FOR NO REASON, INCLUDING WITHOUT LIMITATION FOR BREACH OF ANY REPRESENTATION, WARRANTY, OR COVENANT CONTAINED IN THESE LEGAL TERMS OR OF ANY APPLICABLE LAW OR REGULATION. WE MAY TERMINATE YOUR USE OR PARTICIPATION IN THE SERVICES OR DELETE ANY CONTENT OR INFORMATION THAT YOU POSTED AT ANY TIME, WITHOUT WARNING, IN OUR SOLE DISCRETION.
If we terminate or suspend your account for any reason, you are prohibited from registering and creating a new account under your name, a fake or borrowed name, or the name of any third party, even if you may be acting on behalf of the third party. In addition to terminating or suspending your account, we reserve the right to take appropriate legal action, including without limitation pursuing civil, criminal, and injunctive redress.
11. MODIFICATIONS AND INTERRUPTIONS
We reserve the right to change, modify, or remove the contents of the Services at any time or for any reason at our sole discretion without notice. However, we have no obligation to update any information on our Services. We will not be liable to you or any third party for any modification, price change, suspension, or discontinuance of the Services.
We cannot guarantee the Services will be available at all times. We may experience hardware, software, or other problems or need to perform maintenance related to the Services, resulting in interruptions, delays, or errors. We reserve the right to change, revise, update, suspend, discontinue, or otherwise modify the Services at any time or for any reason without notice to you. You agree that we have no liability whatsoever for any loss, damage, or inconvenience caused by your inability to access or use the Services during any downtime or discontinuance of the Services. Nothing in these Legal Terms will be construed to obligate us to maintain and support the Services or to supply any corrections, updates, or releases in connection therewith.
12. GOVERNING LAW
These Legal Terms and your use of the Services are governed by and construed in accordance with the laws of the Commonwealth of Massachusetts applicable to agreements made and to be entirely performed within the Commonwealth of Massachusetts, without regard to its conflict of law principles.
13. DISPUTE RESOLUTION
Binding Arbitration
If the Parties are unable to resolve a Dispute through informal negotiations, the Dispute (except those Disputes expressly excluded below) will be finally and exclusively resolved by binding arbitration. YOU UNDERSTAND THAT WITHOUT THIS PROVISION, YOU WOULD HAVE THE RIGHT TO SUE IN COURT AND HAVE A JURY TRIAL. The arbitration shall be commenced and conducted under the Commercial Arbitration Rules of the American Arbitration Association ("AAA") and, where appropriate, the AAA’s Supplementary Procedures for Consumer Related Disputes ("AAA Consumer Rules"), both of which are available at the American Arbitration Association (AAA) website. Your arbitration fees and your share of arbitrator compensation shall be governed by the AAA Consumer Rules and, where appropriate, limited by the AAA Consumer Rules. If such costs are determined by the arbitrator to be excessive, we will pay all arbitration fees and expenses. The arbitration may be conducted in person, through the submission of documents, by phone, or online. The arbitrator will make a decision in writing, but need not provide a statement of reasons unless requested by either Party. The arbitrator must follow applicable law, and any award may be challenged if the arbitrator fails to do so. Except where otherwise required by the applicable AAA rules or applicable law, the arbitration will take place in Barnstable County, Massachusetts. Except as otherwise provided herein, the Parties may litigate in court to compel arbitration, stay proceedings pending arbitration, or to confirm, modify, vacate, or enter judgment on the award entered by the arbitrator.
If for any reason, a Dispute proceeds in court rather than arbitration, the Dispute shall be commenced or prosecuted in the state and federal courts located in Barnstable County, Massachusetts, and the Parties hereby consent to, and waive all defenses of lack of personal jurisdiction, and forum non conveniens with respect to venue and jurisdiction in such state and federal courts. Application of the United Nations Convention on Contracts for the International Sale of Goods and the Uniform Computer Information Transaction Act (UCITA) are excluded from these Legal Terms.
In no event shall any Dispute brought by either Party related in any way to the Services be commenced more than one (1) years after the cause of action arose. If this provision is found to be illegal or unenforceable, then neither Party will elect to arbitrate any Dispute falling within that portion of this provision found to be illegal or unenforceable and such Dispute shall be decided by a court of competent jurisdiction within the courts listed for jurisdiction above, and the Parties agree to submit to the personal jurisdiction of that court.
Restrictions
The Parties agree that any arbitration shall be limited to the Dispute between the Parties individually. To the full extent permitted by law, (a) no arbitration shall be joined with any other proceeding; (b) there is no right or authority for any Dispute to be arbitrated on a class-action 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.
Exceptions to Arbitration
The Parties agree that the following Disputes are not subject to the above provisions concerning binding arbitration: (a) any Disputes seeking to enforce or protect, or concerning the validity of, any of the intellectual property rights of a Party; (b) any Dispute related to, or arising from, allegations of theft, piracy, invasion of privacy, or unauthorized use; and (c) any claim for injunctive relief. If this provision is found to be illegal or unenforceable, then neither Party will elect to arbitrate any Dispute falling within that portion of this provision found to be illegal or unenforceable and such Dispute shall be decided by a court of competent jurisdiction within the courts listed for jurisdiction above, and the Parties agree to submit to the personal jurisdiction of that court.
14. CORRECTIONS
There may be information on the Services that contains typographical errors, inaccuracies, or omissions, including descriptions, pricing, availability, and various other information. We reserve the right to correct any errors, inaccuracies, or omissions and to change or update the information on the Services at any time, without prior notice.
15. DISCLAIMER
THE SERVICES ARE PROVIDED ON AN AS-IS AND AS-AVAILABLE BASIS. YOU AGREE THAT YOUR USE OF THE SERVICES WILL BE AT YOUR SOLE RISK. TO THE FULLEST EXTENT PERMITTED BY LAW, WE DISCLAIM ALL WARRANTIES, EXPRESS OR IMPLIED, IN CONNECTION WITH THE SERVICES AND YOUR USE THEREOF, INCLUDING, WITHOUT LIMITATION, THE IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, AND NON-INFRINGEMENT. WE MAKE NO WARRANTIES OR REPRESENTATIONS ABOUT THE ACCURACY OR COMPLETENESS OF THE SERVICES' CONTENT OR THE CONTENT OF ANY WEBSITES OR MOBILE APPLICATIONS LINKED TO THE SERVICES AND WE WILL ASSUME NO LIABILITY OR RESPONSIBILITY FOR ANY (1) ERRORS, MISTAKES, OR INACCURACIES OF CONTENT AND MATERIALS, (2) PERSONAL INJURY OR PROPERTY DAMAGE, OF ANY NATURE WHATSOEVER, RESULTING FROM YOUR ACCESS TO AND USE OF THE SERVICES, (3) ANY UNAUTHORIZED ACCESS TO OR USE OF OUR SECURE SERVERS AND/OR ANY AND ALL PERSONAL INFORMATION AND/OR FINANCIAL INFORMATION STORED THEREIN, (4) ANY INTERRUPTION OR CESSATION OF TRANSMISSION TO OR FROM THE SERVICES, (5) ANY BUGS, VIRUSES, TROJAN HORSES, OR THE LIKE WHICH MAY BE TRANSMITTED TO OR THROUGH THE SERVICES BY ANY THIRD PARTY, AND/OR (6) ANY ERRORS OR OMISSIONS IN ANY CONTENT AND MATERIALS OR FOR ANY LOSS OR DAMAGE OF ANY KIND INCURRED AS A RESULT OF THE USE OF ANY CONTENT POSTED, TRANSMITTED, OR OTHERWISE MADE AVAILABLE VIA THE SERVICES. WE DO NOT WARRANT, ENDORSE, GUARANTEE, OR ASSUME RESPONSIBILITY FOR ANY PRODUCT OR SERVICE ADVERTISED OR OFFERED BY A THIRD PARTY THROUGH THE SERVICES, ANY HYPERLINKED WEBSITE, OR ANY WEBSITE OR MOBILE APPLICATION FEATURED IN ANY BANNER OR OTHER ADVERTISING, AND WE WILL NOT BE A PARTY TO OR IN ANY WAY BE RESPONSIBLE FOR MONITORING ANY TRANSACTION BETWEEN YOU AND ANY THIRD-PARTY PROVIDERS OF PRODUCTS OR SERVICES. AS WITH THE PURCHASE OF A PRODUCT OR SERVICE THROUGH ANY MEDIUM OR IN ANY ENVIRONMENT, YOU SHOULD USE YOUR BEST JUDGMENT AND EXERCISE CAUTION WHERE APPROPRIATE.
16. LIMITATIONS OF LIABILITY
IN NO EVENT WILL WE OR OUR DIRECTORS, EMPLOYEES, OR AGENTS BE LIABLE TO YOU OR ANY THIRD PARTY FOR ANY DIRECT, INDIRECT, CONSEQUENTIAL, EXEMPLARY, INCIDENTAL, SPECIAL, OR PUNITIVE DAMAGES, INCLUDING LOST PROFIT, LOST REVENUE, LOSS OF DATA, OR OTHER DAMAGES ARISING FROM YOUR USE OF THE SERVICES, EVEN IF WE HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. NOTWITHSTANDING ANYTHING TO THE CONTRARY CONTAINED HEREIN, OUR LIABILITY TO YOU FOR ANY CAUSE WHATSOEVER AND REGARDLESS OF THE FORM OF THE ACTION, WILL AT ALL TIMES BE LIMITED TO $1,500.00 USD. CERTAIN US STATE LAWS AND INTERNATIONAL LAWS DO NOT ALLOW LIMITATIONS ON IMPLIED WARRANTIES OR THE EXCLUSION OR LIMITATION OF CERTAIN DAMAGES. IF THESE LAWS APPLY TO YOU, SOME OR ALL OF THE ABOVE DISCLAIMERS OR LIMITATIONS MAY NOT APPLY TO YOU, AND YOU MAY HAVE ADDITIONAL RIGHTS.
17. INDEMNIFICATION
You agree to defend, indemnify, and hold us harmless, including our subsidiaries, affiliates, and all of our respective officers, agents, partners, and employees, from and against any loss, damage, liability, claim, or demand, including reasonable attorneys’ fees and expenses, made by any third party due to or arising out of: (1) use of the Services; (2) breach of these Legal Terms; (3) any breach of your representations and warranties set forth in these Legal Terms; (4) your violation of the rights of a third party, including but not limited to intellectual property rights; or (5) any overt harmful act toward any other user of the Services with whom you connected via the Services. Notwithstanding the foregoing, we reserve the right, at your expense, to assume the exclusive defense and control of any matter for which you are required to indemnify us, and you agree to cooperate, at your expense, with our defense of such claims. We will use reasonable efforts to notify you of any such claim, action, or proceeding which is subject to this indemnification upon becoming aware of it.
18. USER DATA
We will maintain certain data that you transmit to the Services for the purpose of managing the performance of the Services, as well as data relating to your use of the Services. Although we perform regular routine backups of data, you are solely responsible for all data that you transmit or that relates to any activity you have undertaken using the Services. You agree that we shall have no liability to you for any loss or corruption of any such data, and you hereby waive any right of action against us arising from any such loss or corruption of such data.
19. ELECTRONIC COMMUNICATIONS, TRANSACTIONS, AND SIGNATURES
Visiting the Services, sending us emails, and completing online forms constitute electronic communications. You consent to receive electronic communications, and you agree that all agreements, notices, disclosures, and other communications we provide to you electronically, via email and on the Services, satisfy any legal requirement that such communication be in writing. YOU HEREBY AGREE TO THE USE OF ELECTRONIC SIGNATURES, CONTRACTS, ORDERS, AND OTHER RECORDS, AND TO ELECTRONIC DELIVERY OF NOTICES, POLICIES, AND RECORDS OF TRANSACTIONS INITIATED OR COMPLETED BY US OR VIA THE SERVICES. You hereby waive any rights or requirements under any statutes, regulations, rules, ordinances, or other laws in any jurisdiction which require an original signature or delivery or retention of non-electronic records, or to payments or the granting of credits by any means other than electronic means.
20. CALIFORNIA USERS AND RESIDENTS
If any complaint with us is not satisfactorily resolved, you can contact the Complaint Assistance Unit of the Division of Consumer Services of the California Department of Consumer Affairs in writing at 1625 North Market Blvd., Suite N 112, Sacramento, California 95834 or by telephone at (800) 952-5210 or (916) 445-1254.
21. MISCELLANEOUS
These Legal Terms and any policies or operating rules posted by us on the Services or in respect to the Services constitute the entire agreement and understanding between you and us. Our failure to exercise or enforce any right or provision of these Legal Terms shall not operate as a waiver of such right or provision. These Legal Terms operate to the fullest extent permissible by law. We may assign any or all of our rights and obligations to others at any time. We shall not be responsible or liable for any loss, damage, delay, or failure to act caused by any cause beyond our reasonable control. If any provision or part of a provision of these Legal Terms is determined to be unlawful, void, or unenforceable, that provision or part of the provision is deemed severable from these Legal Terms and does not affect the validity and enforceability of any remaining provisions. There is no joint venture, partnership, employment or agency relationship created between you and us as a result of these Legal Terms or use of the Services. You agree that these Legal Terms will not be construed against us by virtue of having drafted them. You hereby waive any and all defenses you may have based on the electronic form of these Legal Terms and the lack of signing by the parties hereto to execute these Legal Terms.
22. CONTACT US
In order to resolve a complaint regarding the Services or to receive further information regarding use of the Services, please contact us at:
Lynne DiPirro Performance PLLC
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