SEMI-RETIRED MD
TERMS AND CONDITIONS OF USE
Please read these Terms and Conditions of Use (“TOU”) carefully.
As used in these TOU, “Company”, “we” or “us” is defined to include SEMIRETIREDMD, LLC and its subsidiaries, affiliated companies, owners, members, managers, directors, officers, governors, past and present employees, agents, coaches, representatives, successors and assigns. “Releasees” is defined to include the Company, any volunteers, Letizia Mariana Alto, and Kenji Asakura.
You must agree to these TOU before you are permitted to: use or attend any Company or https://semiretiredmd.com (“Website”) digital or downloadable resource, video, online course, one-on-one or group coaching, class, program, conference, workshop, membership site or training; enter any online private forum operated by the Company (for any purpose), whether on a website hosted by the Company or a third-party website such as an online course platform or social media site; participate in any workshop or challenge; attend any live event hosted or promoted by the Company; and/or purchase or take part in any future service or activity offered by the Company, whether now known or unknown (collectively “Activities”).
If you do not agree with these TOU, you may not access or use the Website or its Content (defined below) or participate in any Activities.
1. Participants
The Website, Content, and Activities are intended and only suitable for individuals aged 18 and above. Some of their content may not be appropriate for children. Children under the age of 18 are not permitted to use the Websites or Content. The Company hereby disclaims all liability for use by individuals under the age of 18
2. Payment and Refunds
You agree to pay the fees listed on the checkout page for all Activities you have selected. If paying by debit card or credit card, you give us permission to automatically charge your credit or debit card for all fees and charges due and payable to the Company, without any additional authorization, for which you will receive an electronic receipt. You also agree that the Company is authorized to share any payment information and instructions required to complete the payment transactions with its third-party payment service providers (e.g., credit card transaction processing, merchant settlement, and related services).
If you fail to make payment in a timely manner or voluntarily withdraw from any Activities at any time or for any reason, you will remain fully responsible for the full cost of all payments in any payment plan you have chosen.
If payment is not received by the date due, the Company reserves the right to terminate your access to the Activities immediately and permanently. The Company reserves the right to charge a late fee on all balances more than 30 days overdue. You agree to reimburse the Company for all collection and/or legal fees and expenses necessitated by lateness or default in payment.
The Company reserves the right to adjust the fees for Activities and payment terms, and will give advance notice to you of any changes by email.
Your satisfaction is important to us. If you have enrolled in an online course or membership site, we offer a 21-day full money back guarantee for any reason. To receive a partial or full refund, you must send an email requesting a refund to [email protected] no later than 21 days after the course launch date, which is the date the course began, or the date you signed up for the membership site, and provide any information required by the Company.
Since we have a clear and explicit Refund Policy in these TOU that you have agreed to prior to completing the purchase of any Activities, we do not tolerate or accept any type of chargeback threat or actual chargeback from your credit card company or payment processor. In the event that a chargeback is placed on a purchase or we receive a chargeback threat during or after your 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. Chargeback abusers wishing to be removed from the database shall make the payment for the amount of the chargeback.
3. Intellectual Property Rights
a. Ownership of the Content
The words, videos, voice and sound recordings, training materials, design, layout, graphics, photos, images, information, materials, documents, data, databases and all other information and intellectual property accessible on or through the Website or any third-party website we may use to distribute or host the Activities, contained in e-mails sent to you by the Company, or provided at in-person Company events, as well as the look and feel of all of the foregoing (collectively, the “Content”) is property of the Company and/or our affiliates or licensors, unless otherwise noted, and it is protected by copyright, trademark, and other intellectual property laws.
b. The Company’s Limited License to You
If you view, purchase or access any Activities or any of the Content, you will be considered our Licensee. For the avoidance of doubt, you are granted a revocable, non-transferable license for personal, non-commercial use only, limited to you only.
This means you may view, download, print, email and use one copy of individual pages of Activities and Content for your own personal purposes or your own internal business use only.
You may not republish, reproduce, duplicate, copy, sell, display, disclose, distribute to friends, family, your clients or customers, or any other third party, or otherwise use any material from the Activities or Content for commercial purposes or in any way that earns you or any third party money (other than by applying them internally in your own business). By downloading, printing, or otherwise using the Activities or Content for personal use, you in no way assume any ownership rights of the Content – it is still the Company’s property. Any unauthorized use of any materials found in the Activities or Content shall constitute infringement.
You must receive our written permission before using any of the Activities or Content for your own commercial use or before sharing with others.
The trademarks and logos displayed on the Activities or Content are trademarks belonging to the Company, unless otherwise indicated. Any use including framing, metatags or other text utilizing these trademarks, or other trademarks displayed, is strictly prohibited without our written permission.
All rights not expressly granted in these terms or any express written license, are reserved by us.
c. Unauthorized Use
Your use of any materials found in the Activities or Content other than that expressly authorized in these TOU or by a separate written assignment, is not permitted (“Unauthorized Use”). You agree to pay liquidated damages of five (5) times the total fees you have paid for the Activities in the event of your Unauthorized Use, or a minimum of $5,000 if you did not pay fees for the Activities, in addition to any legal or equitable remedies the Company may be entitled to pursue. This is not a penalty but an agreed liquidated damages charge for the Unauthorized Use.
You agree that any violation or threatened violation of the Intellectual Property Rights terms in these TOU would cause irreparable injury to the Company that may not be adequately compensated by damages, entitling us to obtain injunctive relief, without bond, in addition to all legal remedies.
d. Your License to the Company; Use in Testimonials and Marketing
By posting or submitting any material during the Activities such as comments, posts, photos, designs, graphics, images or videos or other contributions, you are representing to us that you are the owner of all such materials and you are at least 18 years old. You are also granting us, and anyone authorized by us, an unlimited, royalty-free, perpetual, irrevocable, non-exclusive, unrestricted, worldwide license to use, copy, modify, transmit, sell, exploit, create derivative works from, distribute, and/or publicly perform or display your contributions, in whole or in part, in any manner or medium, now known or developed in the future, for any purpose, and granting us the right to make it part of the Company’s current or future Activities and Content. This right includes granting us proprietary rights or intellectual property rights under any relevant jurisdiction without any further permission from you or compensation by us to you. You acknowledge that we have the right but not the obligation to use any contributions from you and that we may elect to cease the use of any such contributions in the Activities or in our Content at any time for any reason.
You also grant the Company an unlimited, non-exclusive, perpetual right and license to use and distribute your image, voice, likeness, and name in photographs, videos, or other recordings, whether altered or unaltered, taken during the Activities in any media now known or unknown, and you waive and release any right to compensation and/or damages with respect to the use, display, distribution or other publication of such photographs, videos or recordings for any purposes, including commercial purposes and advertising in connection with use of any of your content.
This means you give us permission to use anything you submit or post in the Activities or any third-party forum or website operated by the Company, or anything captured by us during your participation in the Activities, including images in which your face is visible and recognizable or your full name.
e. Request for Permission to Use the Content
If you wish to use any of the Content, or any other intellectual property or property belonging to us, you should request permission in writing BEFORE you use the Content by sending an e-mail to [email protected].
If you are granted permission by the Company, you agree to use the specific Content that the Company allows and only in the ways for which the Company has given you its written permission. If you choose to use the Content in ways that the Company does not specifically give you written permission, you agree now that you will be treated as if you had copied, duplicated and/or stolen such Content from us, and you consent to immediately stop using such Content and to take whatever actions as we may request and by the methods and in the time frame that we prescribe to protect our intellectual property and ownership rights in the Activities and Content.
4. Responsibilities of the Parties
The Companies Responsibilities:
Your Responsibilities for Best Results:
Although individuals assisting in providing the Activities may be licensed legal, tax, financial, psychological, or other health care professionals, coaching is not intended to substitute for professional legal, tax, financial, real estate, medical, psychiatric, psychological, or behavioral advice and/or treatment. You may not rely on the Activities to provide such advice or treatment and you agree to seek professional guidance for such matters, should they arise, independent of the coaching relationship.
You acknowledge that participation in the Activities does not establish a doctor-patient or attorney-client relationship of any kind between You, the Company, Letizia Alto, Kenji Asakura, or any other person engaged by the Company to provide Activities to you.
You agree that the Company has not made and does not make any representations about the earnings or results you may receive as a result of your participation in the Activities.
The Company cannot and does not guarantee that you will achieve any particular result or earnings from your participation in the Activities, and you understand that results and earnings differ for each individual.
5. Your Conduct in the Activities; No Confidentiality
Please choose carefully the materials that you upload to, submit to, or embed on any website operated by the Company and any third-party forums operated by us. Any material you post on the Website or in any third-party forums we operate may become public.
The Company is not legally bound to keep your information confidential. You acknowledge that our communications are not covered by any doctor-patient privilege or other privilege.
You are responsible for your material and for any liability that may result from the material you post. You participate, comment, and post material at your own risk. Any communication by you on the Website and any third-party forums we operate, whether by leaving a comment, participating in a chat, public or private forum, or other interactive service, must be respectful. You may not communicate or submit any content or material that is abusive, vulgar, threatening, harassing, knowingly false, defamatory or obscene or otherwise in violation of any law or the rights of others. You agree to post comments or other material only one time.
The Company, in its discretion, may delete or modify, in whole or part, any post, comment or submission to the Website and any third-party forums we operate. The Company does not, however, have any obligation to monitor posts, comments, or material submitted by third parties. The Company neither endorses nor makes any representations as to the truthfulness or validity of any third-party posts, comments, or material on the Website or any third-party forums we operate.
The Company shall not be responsible or liable for any loss or damage caused by third-party posts, comments, or materials on the Website and any third-party forums we operate.
The Company shall not be liable for any loss or damage relating to the disclosure of any information shared during the Activities. All information you share is disclosed at your own risk.
You acknowledge that there is an inherent risk in all forms of electronic communication, and communications between you and the Company or other participants or coaches may be unlawfully intercepted by third parties not under our control. The Company does not guarantee the security of any information transmitted via the Internet, telephone, video conference, or other electronic media.
You are strictly forbidden from the following:
If, in the Company’s sole discretion, your conduct in the Activities violates this Agreement in any way, you agree that the Company may immediately and permanently terminate your participation in the Activities without any refund.
6. No Pitching, Selling or Promoting Other Products, Groups, Programs, or Events
The Website and all Activities are a “pitch free zone.” Participants in the Activities may ask for help and hire from within the group. You may respond to requests for your products or services.
Otherwise, you agree you will not pitch, promote, market, or sell any other products, groups, programs, or events on the Website or in any social media group, live event, or other discussion forum operated by us.
This means you agree not to form, or ask other Activities participants to join, “shadow” groups based on interests or locality. You agree not to invite other Activities participants to participate in events hosted by you or another third party, such as an event, seminar, or local meet-up, without first receiving approval from the Company.
You may not solicit or offer free or practice coaching to Activities participants.
7. Username and Password
To access certain features of the Activities, including any private membership areas, you may need a username and password. You agree to keep your username and password confidential. During the registration process for any service or product, you agree to provide true, accurate, current and complete information about yourself. If the Company has reasonable grounds to suspect that you have provided false information, shared your username and password with anyone else, or forwarded any non-public material from the Activities to any other person, the Company has the right to suspend or terminate your account and refuse any and all current or future use of the Activities or any Content, in whole or part, without refund. Any personally identifiable information you provide as part of the registration process is governed by the terms of the Website’s Privacy Policy.
8. Personal Responsibility, Assumption of Risk, Release, Disclaimers
a. You acknowledge that, by engaging in any Activities, you voluntarily assume an element of inherent risk, and knowingly and freely assume all risk and responsibility for injuries to any persons or damage to any property, and release, covenant not to sue, and hold Releasees harmless for any and all liability to you, your personal representatives, assigns, heirs and next of kin, for any and all claims, causes of action, obligations, lawsuits, charges, complaints, controversies, damages, costs or expenses of whatsoever kind, nature, or description, whether direct or indirect, in law or in equity, in contract or in tort, or otherwise, whether known or unknown, arising out of or related to your participation in any Activities, whether or not caused by the active or passive negligence of the Releasees.
In the event that the release and hold harmless provision is held unenforceable for any reason, you agree to limit any damages claimed to the total paid to the Company for the Activities.
b. The Activities and Content provide information and education only, and do not provide any financial, legal, tax, real estate, medical or psychological services or advice. None of the Activities or Content prevents, cures or treats any mental or medical condition. The Activities and Content are not intended to be a substitute for professional advice that can be provided by your own accountant, lawyer, financial advisor, realtor, or medical professional. You are responsible for your own financial, legal, physical, mental and emotional well-being, decisions, choices, actions and results. You should consult with a professional if you have specific questions about your own unique situation. The Company disclaims any liability for your reliance on any opinions or advice contained in the Activities.
c. Earnings and Results Disclaimer; No Offer or Solicitation to Buy or Sell. You agree that the Company has not made and does not make any representations about the earnings or results you may receive as a result of your participation in the Activities, and has not made and does not make any offer or solicitation to buy or sell. The Company cannot and does not guarantee that you will achieve any particular result or earnings from your use of the Activities, and you understand that results and earnings differ for each individual.
d. Any links to third-party products, services, or sites are subject to separate terms and conditions. the Company is not responsible for or liable for any content on or actions taken by such third-party company or website. Although the Company may recommend third-party sites, products or services, it is your responsibility to fully research such third parties before entering into any transaction or relationship with them.
e. We may receive referral fees from any third party that we refer you to.
f. The Company tries to ensure that the availability and delivery of the Activities and Content is uninterrupted and error-free. However, we cannot guarantee that your access will not be suspended or restricted from time to time, including to allow for repairs, maintenance or updates, although, of course, we will try to limit the frequency and duration of suspension or restriction.
g. THE INFORMATION, PRODUCTS AND SERVICES OFFERED ON OR THROUGH THE ACTIVITIES AND CONTENT ARE PROVIDED “AS IS” AND WITHOUT WARRANTIES OF ANY KIND EITHER EXPRESS OR IMPLIED. TO THE FULLEST EXTENT PERMISSIBLE BY APPLICABLE LAW, THE COMPANY DISCLAIMS ALL WARRANTIES, EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, IMPLIED WARRANTIES OF MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE. THE COMPANY DOES NOT WARRANT THAT THE ACTIVITIES OR ANY OF THE COMPANY’S FUNCTIONS WILL BE UNINTERRUPTED OR ERROR-FREE, THAT DEFECTS WILL BE CORRECTED, OR THAT ANY PART OF THE WEBSITE, INCLUDING MEMBERSHIP PAGES, OR THE SERVERS THAT MAKE IT AVAILABLE, ARE FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS.
h. THE COMPANY SHALL NOT BE LIABLE FOR ANY DIRECT, INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL OR PUNITIVE DAMAGES THAT RESULT FROM THE USE OF, OR THE INABILITY TO USE, THE ACTIVITIES, INCLUDING ITS MATERIALS, PRODUCTS OR SERVICES, OR THIRD-PARTY MATERIALS, PRODUCTS OR SERVICES MADE AVAILABLE THROUGH THE ACTIVITIES.
9. Security
Security for all personally identifiable information is extremely important to us. Unfortunately, no data transmission over the Internet can be guaranteed to be 100% secure. As a result, while we strive to protect your personal information, the Company cannot ensure or warrant the security of any information you transmit via the internet. By transmitting any such information to us, you accept that you do so at your own risk.
10. Users Outside United States
The Company controls and operates the Activities from offices in the United States. The Company does not represent that materials in the Activities are appropriate or available for use in other locations. People who choose to access the Activities from other locations do so on their own initiative and are responsible for compliance with local laws, if and to the extent local laws are applicable.
11. Safety, Following Rules and Instructions
You agree that you are able to safely participate in the Activities and have no medical condition that would make my participation in the Activities more hazardous. You agree to observe and obey all posted rules and warnings, to follow any instructions or directions given by the Company through its employees, representatives or agents and to abide by any decision of any of our staff, volunteers, vendors or contractors, relative to your ability to safely participate in or attend the Activities.
12. Consent to Medical Care
You consent to medical care and transportation in order to obtain treatment in the event of injury to you as the Company, volunteers or medical professionals may deem appropriate and understand that these TOU extend to any liability arising out of or in any way connected with the medical treatment and transportation provided in the event of an emergency and/or injury.
13. Appropriate Behavior; Dismissal Without Refund
You understand and agree that you are expected to exhibit appropriate behavior at all times and to obey all local, state and federal civil and criminal laws while participating in or attending Activities. This includes, generally, respect for other people, equipment, facilities or property. The Company may dismiss you, without refund, should your behavior endanger the safety of or negatively affect Activities or any person, facility or property.
14. Consumption of Alcohol or Other Intoxicants
You agree not to consume alcohol or any other intoxicant prior to any Activities that involve physical exercise or activity, or use any medicine or substance that will inhibit your mental or physical ability to safely participate in such Activities. If you choose to consume alcoholic beverages or other intoxicants prior to, during, or after any other Activities, you agree you will do so responsibly, and only if you are over the age of twenty-one (21).
15. Damage or Theft of Property
You understand and agree that the Releasees are not responsible for any personal item or property that is lost, damaged or stolen at or during Activities.
16. Indemnification and Release
You indemnify and hold harmless Releasees from any loss, liability, damage or cost they may incur due to your participation in Activities, whether or not caused by the active or passive negligence of the Releasees. You also agree to indemnify the Releasees from any and all third-party claims caused in whole or in part by your negligent or intentional acts or omissions. You release, waive, discharge, hold harmless, and covenant not to sue Releasees from any and all liability to you, your personal representatives, assigns, heirs and next of kin, for any and all claims, causes of action, obligations, lawsuits, charges, complaints, controversies, damages, costs or expenses of whatsoever kind, nature, or description, whether direct or indirect, in law or in equity, in contract or in tort, or otherwise, whether known or unknown, arising out of or connected with your attendance or participation in Activities, whether or not caused by the active or passive negligence of Releasees. In the event that this release and hold harmless provision is held unenforceable for any reason, you agree to limit any damages claimed to the total paid to the Company for the Activities.
You expressly agree that these TOU are intended to be as broad and inclusive as permitted by the law of the State of Washington, and that if any portion is held invalid, it is agreed that it will be severed and the balance shall continue in full legal force and effect. This release is not intended as an attempted release of claims of gross negligence or intentional acts by Releasees.
17. Termination
The Company reserves the right in its sole discretion to refuse or terminate your access to any Activities and Content, in full or in part, at any time without notice. In the event of cancellation or termination, you are no longer authorized to access the part of the Activities or Content affected by such cancellation or termination. The restrictions imposed on you in these TOU with respect to the Activities and Content will still apply now and in the future, even after termination by you or us.
18. Jurisdiction, Venue
These Terms shall be governed by and construed in accordance with the laws of the State of Washington without giving effect to its conflict of laws. The nearest state and federal court to Seattle, Washington shall have exclusive jurisdiction over any case or controversy arising from or relating to the Activities or Content, including but not limited to the Website Privacy Policy or these TOU. By using the Activities or Content, you hereby submit to the exclusive jurisdiction and venue of these courts and consent irrevocably to personal jurisdiction in such courts and waive any defense of forum non conveniens.
19. Entire Agreement, Severability, Modification, And Waiver
These TOU constitute the entire agreement between you and the Company with respect to the Activities, Content and Website and supersede all prior or contemporaneous communications between you and the Company regarding the Activities, Content and Website. If any part of the terms of these TOU is held invalid or unenforceable, that portion shall be construed in a manner consistent with applicable law to reflect, as closely as possible, the original intentions of the parties, and the remaining portions shall remain in full force and effect.
The Company may change, modify or update these TOU at any time. Any access or use of the Activities or Content by you after the Company publicly posts or distributes such changes shall constitute consent of such modifications. If you have any questions or concerns about these TOU, email [email protected].
No waiver of any of the provisions of these TOU shall be deemed, or shall constitute, a waiver of any other provision, whether similar or not, nor shall any waiver constitute a continuing waiver. No waiver shall be binding unless executed in writing by the party making the waiver.
Dated: January 16, 2020
50% Complete
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