Terms and Conditions
1 GENERAL INFORMATION
This page contains the terms on which we supply content, products or services (each of these referred to as a 'Product and/or Service,' as appropriate), listed on www.Psocratic.com ('Website'), through our apps ('App') or via partner websites or other delivery methods to you. Please read these terms and conditions, carefully before ordering any Products or Services from our Website or App stores (Apple 'App Store', Android 'Play Store', Amazon, etc.). The term 'Psocratic', 'us', 'our' or 'we' refers to the owner of the Website, App, training bundles and Psocratic Concepts, Inc. The term 'Device' refers to the device which is used to access our 'Products' or 'Services' including but not limited to Website, Smartphone device or Tablet. The term 'you' refers to the user or viewer of our Products and Services or viewer of our Website. When you register to become a Member, or order any Products or Services (free or paid) from our Website, or otherwise use or access our Website, you agree to be bound by these terms and conditions ('Terms') and all applicable laws, rules and regulations. Products and Services include Memberships and any Subscriptions or Event Tickets sold from the Website. By using our Website, you indicate that you accept these Terms and that you agree to abide by them. If you do not agree to these Terms, please refrain from using our Website. Psocratic Concepts, Inc. ("Psocratic") is a corporation organized and existing under and by virtue of the provisions of the General Corporation Laws of the State of Delaware. Psocratic's office address is 430 E 29th St, Suite 11, New York, NY, 10016. Our contact email address is support@Psocratic.com. All correspondence to Psocratic including any queries you may have regarding your use of the Website, your use and/or purchase of Psocratic's Products and Services, or these Terms, should be sent to the Psocratic address noted above. 1.1 TERMS OF SALE (a) We consider these Terms and your Order to set out the whole agreement between you and us for the supply of the Products and Services. In order to participate in certain Website services or promotions (free or paid), you may be notified by us that you are required to agree to additional terms and conditions. Unless otherwise provided by the additional terms and conditions applicable to such services or promotions in which you choose to participate, those additional terms are hereby incorporated into these Terms. (b) Please check that the details in these Terms and on the Order are complete and accurate before you click 'Sign Up' and / or 'Purchase' and commit yourself to the terms herein. If you think that there is a mistake, please make sure that you ask us to confirm any changes in writing, as we only accept responsibility for statements and representations made in writing by an officer of our company. 1.2 CHANGES TO TERMS We have the right to revise and amend these Terms from time to time without notice to reflect changes in market conditions affecting our business, changes in technology, changes in payment methods, changes in relevant laws and regulatory requirements and changes in our system's capabilities. You will be subject to the policies and terms in force at the time that you order the Products or Services from us, unless any change to those policies or these Terms is required by law or government or regulatory authority in which case it will apply to orders you have previously placed that we have not yet fulfilled. Your continued access of the Website after such changes are made conclusively demonstrates your acceptance of such changes. If your purchase of the Products or Services is on-going, we will give you prior notice of any changes to these Terms and you can choose to cancel the Order without penalty before the new Terms affect you.
2 MEMBERSHIP OF AND SUBSCRIPTION TO PSOCRATIC
3 CANCELLATIONS OF PRODUCTS OR SERVICES
3.1 CANCELLATION BY YOU You may cancel your Membership or Subscription in line with our cancellation policy as outlined in this term 3.1. You can cancel a monthly subscription at any time. Cancellation is effective at the end of the applicable monthly period. Please do so in your Account Settings. You can cancel our Yearly, Two-Year and Lifetime plans within the 30 day money back guarantee offer, which entitles you to cancel your Subscription and have the full cost refunded to you up to 30 calendar days from your first date of payment. To request a refund, you must email us at support@Psocratic.com stating the reason you would like a refund along with your registered Psocratic email address and valid proof of purchase. 3.2 RIGHT TO CANCEL IN CERTAIN CIRCUMSTANCES (7-DAY COOLING-OFF PERIOD) In accordance with the Distance Selling Regulations, if you are a UK-based, consumer, you may cancel your Subscription at any time within 7 calendar days of placing your Order. If you have placed an Order for a Subscription and have changed your mind, you may in certain circumstances have a legal right to cancel your Subscription before the Service starts (this is your 'Cooling-off period') and receive a full refund of your Subscription fee. Ordinarily you may cancel the Subscription within seven working days of the day after the date on which you subscribe if we have not already commenced providing services to you. However, by subscribing you agree that you will have access to our Content in that seven working day period. This cancellation option is not available to you if you have already viewed the payable Content. If you are eligible to cancel in this manner, you may do so by sending an email to us at support@Psocratic.com. In order to arrange a refund of your Subscription fee, you will then also need to contact us to advise us that you have cancelled in accordance with your statutory rights and to request a refund of your Subscription fee. Once you have completed these steps, we will process your refund within 30 calendar days. However, if you cancel your payment and/or terminate the Terms after the Cooling-off Period is over (where applicable), and/or before the end of the subscription period (for subscriptions bought in 'bulk'), then no refund will be given. The cancellation will take effect the day after the last day of the current subscription period, at which time you will be downgraded to the Free Trial. As subscriptions can occur on a recurring monthly, annual or 2 year basis, account cancellations will not take effect until the start of the following subscription period. 3.3 TERMINATION BY US We may suspend or terminate your use of our Products or Services as a result of fraud or a breach of any obligation under these Terms. Such termination or suspension would be immediate and without notice. This includes the unauthorized copying of our audio or video content from our online Website or App. If we terminate your use of our Products and Services for any other reason or for no given reason, then we would give you 30 calendar days' notice. 3.4 PROMOTION CODES Any promotion code or offer provided on the Website or via any Device cannot be used in conjunction with any other promotion code or offer, past or present. Introductory offers are only available to new users of the Psocratic Products or Services. Except where expressly stated, previous users or trialists of Psocratic Products or Services do not qualify for an additional special offer. If a promotion code is used to purchase a Psocratic Subscription in the UK in 'bulk' rather than by recurring subscription period, then the 7-day cooling off period will apply, but no refunds will be given after this period. No promotion code or discount will apply to Corporate or Community subscriptions.
4 PURCHASE OF PRODUCTS AND SERVICES. HOW THE CONTRACT IS FORMED.
The contract to provide a Product or Service only comes into being when we take receipt of your Order and we confirm your purchase to you by email. We shall confirm your Order and assign you with an email to confirm your access to the Subscription. Please quote the order number in all subsequent correspondence with us. Prices in US Dollars and Euros include local taxes, where required. All prices in Pound Sterling for Psocratic Products and Services include VAT, when required, unless otherwise stated. We reserve the right to change the Content of our Products and Services at any time and without notice.
You agree not to hold us responsible for banking charges incurred due to payments on your account. You agree to pay in full the prices for any purchases you make either by credit or debit card concurrent with your online order or by other payment means acceptable to Psocratic. You agree to pay all applicable taxes. If payment is not received by us from your credit or debit card issuer or its agents, you agree to pay all amounts due upon demand by us. You agree that you are not permitted to resell any products purchased through Psocratic for commercial purposes.
6 PROHIBITED USE OF THE WEBSITE
6.1 You agree not to upload, post, email, or otherwise send or transmit or introduce any material that contains software viruses or any other computer code, files, or programs designed to interrupt, harm, damage, destroy, or limit the functionality of any computer software, hardware, or equipment linked directly or indirectly with the Website or the Website itself. You agree not to interfere with the servers or networks underlying or connected to this Website or our services or to violate any of the procedures, policies or regulations of networks connected to the Website. You may not access our Website or our Products or Services in an unauthorized manner. 6.2 You agree not to impersonate any other person while using the Website, conduct yourself in an offensive manner while using the Website, or use the Website for any illegal, immoral or harmful purpose. 6.3 By breaching the provisions of this clause 6, you commit a criminal offence under the Computer Misuse Act 1990. We will report any such breach to the relevant law enforcement authorities and we will co-operate with those authorities by disclosing your identity to them. In the event of such a breach, your right to use our Website will cease immediately.
7 MATERIALS ON THIS WEBSITE
7.1 COPYRIGHT All materials (including software and content whether downloaded or not) contained on the Website or within the Products and Services are owned by Psocratic (or our affiliates and/or third party licensors, where applicable), unless indicated otherwise. You agree and acknowledge that the materials are valuable property and that other than any specific and limited license for use of such materials or content that you may purchase from the Website, you shall not acquire any ownership rights in or to such materials. The materials may not be used without our prior written permission except as provided for in these Terms, and any other relevant terms and conditions provided to you. You acknowledge and agree that certain content on the Website and in the Products and Services is the property of Psocratic and/or third party licensors and without prejudice to any and all other rights and remedies available, each such licensor has the right to directly enforce relevant provisions within these Terms against you. Audio or video content from the Psocratic Product not explicitly indicated as downloadable may not be downloaded or copied from our Website or any Device. This Website is not intended for commercial use. Commercial advertisements, affiliate links, and other forms of solicitation may be removed by us without notice and may result in termination of privileges. You must not use any part of the materials on our Website for commercial purposes without obtaining a written license from us to do so. Material from this Website may not be copied, distributed, republished, or transmitted in any way, without our prior written consent. Any unauthorized use or violation of these Terms immediately and automatically terminates your right to use this Website and may subject you to legal liability. You agree not to use the Website for illegal purposes (including, without limitation, unlawful, harassing, or libelous invasion of another's privacy, or for abusive, threatening or obscene purposes) and you agree that you will comply with all laws, rules and regulations related to your use of the Website. Appropriate legal action will be taken for any illegal or unauthorized use of the Website. Certain content will be marked and authorized for the user to share in their personal social channels (Facebook, Twitter, etc.) With respect to content made available by Psocratic through the Product that is specifically identified as available for distribution by you ('Distribution Content') as part of your blog or other online commentary, analysis, or review ('User Commentary'), Psocratic grants you a limited right to download, reproduce, and distribute such content over the internet as part of your User Commentary. You may also modify such Distribution Content but only as required to technically enable the display and distribution of such content through your computer systems and over the Internet (e.g., a change in video format or file size) provided such modification does not materially alter the substance or quality of such content. Your display and distribution of Distribution Content may also be subject to other terms and conditions that are set forth in the description of such content on the Product, such as display and distribution of Distribution Content only within specified usage dates. You agree not to publish the Distribution Content with other content that is known by you to be false, inaccurate, or misleading or that is, or that encourages activity or conduct that is, unlawful, harmful, threatening, abusive, harassing, tortuous, defamatory, vulgar, obscene, pornographic, libellous, invasive of another's privacy, hateful, or that is racially, ethnically, or otherwise objectionable. Distribution Content may contain pixel tags or cookies that enable us to collect information with respect to the distribution and consumption of such content. You may not otherwise download, display, copy, reproduce, distribute, modify, perform, transfer, create derivative works from, sell or otherwise exploit any content, code, data, or materials on the Product. If you make other use of the Product, or the content, code, data, or materials thereon, except as otherwise provided above, you may violate copyright and other laws of the United States, other countries, as well as applicable state laws, and may be subject to liability for such unauthorized use. Psocratic will enforce its intellectual property rights to the fullest extent of the law, including the seeking of criminal prosecution. 7.2 TRADEMARKS Psocratic, the Psocratic logo, and all other Psocratic product or service marks are trademarks of Psocratic. All intellectual property, other trademarks, logos, images, product, and company names displayed or referred to on the Website or any Device are the property of their respective owners. Nothing grants you any license or right to use, alter, remove, or copy such material. Your misuse of the Trademarks displayed on the Product is strictly prohibited. Psocratic will enforce its Trademark rights to the fullest extent of the law, including the seeking of criminal prosecution. 7.3 AVAILABILITY OF WEBSITE (a) Although we aim to offer you the best service possible, we make no promise that our Website services will meet your requirements and we cannot guarantee that the Product and Services will be free of fault. If a fault occurs in the Product or Services, please report it to us at support@Psocratic.com and we will correct the fault as soon as we reasonably can. If the need arises, we may suspend access to the Website. We will not be liable to you if the Website is unavailable for any period of time. (b) Your access to the Website may be occasionally restricted to allow for repairs, maintenance, or the introduction of new facilities, Product or Services. We will restore the Product or Services as soon as we reasonably can. In the event that our Website is unavailable, our usual order and cancellation deadlines apply; please notify us of changes to your order via our email support@Psocratic.com.
8 USER MATERIAL
8.1 The Website or other Psocratic Products and Services may let you submit material to us: for example, you can upload a photo to your profile, post subjects and comments in the community, and comment on various matters in various parts of the Website. You may be able to upload video, images, or sounds. In these Terms, we use the term 'User Material' to refer to any material of any kind that you submit to us, including text, files, images, photos, video, sounds, pre and post training assessments and musical or literary works. User Material does not include the account information you provide when you register as a Member or when you subsequently change that information. 8.2 This clause 8 (User Material) of these Terms sets out the rights and obligations that each of us have in connection with User Material. If you review or submit User Material you are agreeing to do so in accordance with these Terms. If you do not want to review or submit User Material in accordance with these Terms, you may choose not to do so. 8.3 We do not systematically review User Material submitted by users. We are not responsible for the content of User Material provided by you or any other user. We do not necessarily endorse any opinion contained in such material. We make no warranties or representations, express or implied, about User Material, nor do we attest to its legality or accuracy. We disclaim all liability in connection with User Material to the extent permitted by law. 8.4 We reserve the right, in our sole discretion, to refuse to post or to remove or edit any of your User Material, and to restrict, suspend, or terminate your access to all or any part of the Website or any of Psocratic's Products and Services, particularly where User Material breaches this clause 8 (User Material) of these Terms and we may do this with or without giving you any prior notice. 8.5 User material is not considered to be confidential. We do not claim any ownership rights in User Material. However, by submitting User Material you hereby grant to Psocratic an irrevocable, perpetual, non-exclusive, royalty-free, sub-licensable, transferable worldwide license to use, distribute, exploit commercially, reproduce, modify, prepare derivative works of, display, and perform that User Material in any media. If you want to remove your User Material at any time you can do so in your Account Settings. The license you grant us will terminate when your User Material is removed from our Website. 8.6 We may link User Material or parts of User Material to other material, including material submitted by other users or material created by Psocratic and/or other third parties. We may use User Material for our internal business purposes, for example, to examine trends or categories and to use those on the Website or to promote, market or advertise Psocratic. We will not sell your User Material to third parties but you acknowledge that we may indirectly commercially benefit from it, for example, by providing opt-in benefits or rewards to members that may be provided by third parties. We will not sell any data to third parties. 8.7 Each time you submit User Material to us, you represent and warrant to us as follows: You own your User Material or have the right to submit it, and in submitting it you will not be infringing any rights of any third party, including intellectual property rights (such as copyright or trademark), privacy or publicity rights, rights of confidentiality or rights under contract; Your User Material is not illegal, obscene, defamatory, threatening, pornographic, harassing, hateful, racially, or ethnically offensive, and does not encourage conduct that would be considered a criminal offense, and does not give rise to civil liability, violate any law, and is not otherwise deemed inappropriate; Your User Material does not advertise any product or service or solicit any business; Your User Material does not identify any individual (including by way of name, address, still picture, or video) under the age of 18 and if User Material identifies any individual over the age of 18, you have that person's consent to be identified in exactly that way in your User Material; and in submitting your User Material you are not impersonating any other person; You will not collect usernames and/or email addresses of users for the purpose of sending unsolicited email; You will not engage in criminal or tortious activity, including fraud, spamming, IMing, sending viruses or other harmful files, copyright infringement, patent infringement, theft of trade secrets, or attempts to impersonate another user or person; You will not engage in any automated use of the system, such as using scripts to alter our content; You will not access, tamper with, or use non-public areas of the Services, Psocratic's computer systems, or the technical delivery systems of Psocratic's providers; and You will not attempt to probe, scan, or test the vulnerability of any Psocratic.com system or network or breach any security or authentication measures. 8.8 We are entitled to identify you to third parties who claim that their rights have been infringed by User Material you have submitted. 8.9 You hereby grant Psocratic an irrevocable, perpetual, non-exclusive, royalty-free, worldwide license to use, telecast, copy, perform, display, edit, distribute, and otherwise exploit the User Content you post on the Website, or any portion thereof, and any ideas, concepts, or know-how contained therein, with or without attribution, and without the requirement of any permission from or payment to you or to any other person or entity, in any manner (including, without limitation, for commercial, publicity, trade, promotional, or advertising purposes) and in any and all media now known or hereafter devised, and to prepare derivative works of, or incorporate into other works such User Content, and to grant and authorize sublicenses of the foregoing without any payment of money or any other form of consideration to you or to any third party. Psocratic may include your User Content in Psocratic's Distribution Content that is made available to others through the Product. Be aware that Psocratic has no control over User Content once it leaves the Product, and it is possible that others may duplicate material found on the Product, including, but not limited to, on other sites on the Internet. You represent and warrant that you own or otherwise control the rights to your User Content. You agree to indemnify Psocratic and its affiliates for all claims arising from or in connection with any claims to any rights to your User Content or any damages arising from your User Content. 8.10 Any inquiries, feedback, suggestions, ideas, or other information or User Content that you provide to us (collectively, 'Submissions') will be treated as non-proprietary and non-confidential. By transmitting, uploading, posting, e-mailing, or otherwise submitting Submissions to the Product, you grant, and you represent and warrant that you have the right to grant, to Psocratic an irrevocable, perpetual, non-exclusive, royalty-free, worldwide license to use, telecast, copy, perform, display, edit, distribute, and otherwise exploit the Submissions, or any portion thereof and any ideas, concepts, or know-how contained therein, with or without attribution, and without the requirement of any permission from or payment to you or to any other person or entity, in any manner (including, without limitation, for commercial, publicity, trade, promotional, or advertising purposes) and in any and all media now known or hereafter devised, and to prepare derivative works of, or incorporate into other works such Submissions, and to grant and authorize sublicenses of the foregoing without any payment of money or any other form of consideration to you or to any third party. You also acknowledge that your Submissions will not be returned to you and that Psocratic has no obligation to acknowledge receipt of or respond to any Submissions. If you make a Submission, you represent and warrant that you own or otherwise control the rights to your Submission. You agree to indemnify Psocratic and its affiliates for all claims arising from or in connection with any claims to any rights in any Submission or any damages arising from any Submission.
9 LINKS TO WEBSITES/SERVICES
9.1 LINKING TO OTHER WEBSITES We may provide links to other websites or services for you to access. You acknowledge that any access is at your sole discretion and for your information only. We do not review or endorse any of those websites or services. We are not responsible in any way for: (a) The availability; (b) The privacy practices; (c) The content, advertising, products, goods, materials, or resources on or available from; or (d) the use to which others make of; These websites or services. We are also not responsible for any damage, loss, or offence caused or alleged to be caused by, or in connection with, the use of or reliance on such websites or services. 9.2 LINKING TO OUR WEBSITE You may link to our home page, provided you do so in a way that is fair and legal and does not damage our reputation or take advantage of it. You must not establish a link in such a way that suggests our association, approval, or endorsement where it does not exist. You must not establish a link from any website that is not owned by you. Our Website must not be framed on any other website, nor may you create a link to any part of our Website unless you have written permission to do so from Psocratic. We reserve the right to withdraw linking permission with written notice. The website from which you are linking must comply in all respects with the content standards set out in our If you wish to make any use of material on our Website other than that set out above, please address your request to support@Psocratic.com
10 WEBSITE DISCLAIMER
10.1 The information contained in this Website is for general information purposes only. The information is provided by Psocratic and while we endeavor to keep the information up-to-date and correct, we make no representations or warranties of any kind, express or implied, about the completeness, accuracy, reliability, suitability or availability with respect to the Website or the information, Products, Services, or related graphics contained on the Website for any purpose. Any reliance you place on such information is therefore strictly at your own risk.
11 MEDICAL DISCLAIMER
12 END USER LICENSE AGREEMENT
Subject to the terms of this License Agreement (as set out in this clause 12), and our Terms, Psocratic grants you a limited, non-exclusive, revocable license to stream, download, and make personal non-commercial use of the Products and Services. The Products and Services contain and/or embody copyright material, proprietary material and/or other intellectual property of Psocratic and/or its licensors. All rights, titles and ownership in the Products and Services remain with Psocratic and/or its licensors, as applicable. The rights to download and use the Products and Services are licensed to you and are not being sold to you, and you have no rights to the Products and Services other than to use them in accordance with this License Agreement and our Terms. You agree that you will not and you will not assist or permit any third party to: Copy, store, reproduce, transmit, modify, alter, reverse-engineer, emulate, de-compile, or disassemble the Products and Services in any way, or create derivative works of the Software; Use the Products and Services or any part of them to create any tool or software product that can be used to create software applications of any nature whatsoever; Rent, lease, loan, make available to the public, sell, or distribute the Products and Services in whole or in part; Tamper with the Products and Services or circumvent any technology used by Psocratic or its Licensors to protect any content accessible through the subscription Service; Circumvent any territorial restrictions applied to the Products and Services; or Use the Products and Services in a way that violates this License Agreement or the Terms. You may not make the Products and Services available to the public. The Products and Services made available (in whole or in part) are owned by Psocratic or its licensors and your use of them must be in accordance with these Terms. In no event shall Psocratic, its affiliates, directors, employees, trainers or licensors be liable for any direct, indirect, incidental, special, or consequential damages (including but not limited to any loss of data, service interruption, or computer failure) arising out of your use of or inability to use the products and services (or any part of them) or any errors, viruses, or bugs contained in the products and services, even if you have advised us of the possibility of such loss. 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 the amount paid, if any, by you to us for your registration or subscription.
13 PARTNER PROGRAMS
In order to further Psocratic’s mission to spread the practices of mindfulness, the Company maintains certain “partner" programs. Partners include teachers, training organizations, trade associations, etc. interested in offering the Company’s training products to their employees, clients, and members. The term “partner” indicates a desire to create mutual benefit for these audiences and does not indicate that such individuals and organizations have any ownership or other rights in the Company. The Company’s Teacher Partner Program enables trading organizations and individual teachers to introduce the Psocratic products to companies they are currently working with. If an introduction is made to a new potential customer (one that the Company is not already speaking to or working with), and a sale occurs, the teacher or training organization may be entitled to a commission. The commission opportunity is based on the size of the potential customer, governed by details included in the Teacher Partner Program launch kit, and subject to change based on the Company’s sole discretion. A formal referral must be documented as part of the Company’s referral process to qualify for a commission. The Company’s Trade Association Program was created to support non-profit trade associations. The Company offers monthly webinars, product discounts, and other benefits to trade associations and their members. The trade association must sign the Company’s standard Purchase Order and other documentation to qualify for this program, and the program is subject to change based on the Company’s sole discretion. Any individual or organization participating in the Company’s partner programs agrees to the Company’s Terms and Conditions.
14 DIGITAL MILLENNIUM COPYRIGHT ACT ("DMCA") NOTICE
We are committed to complying with copyright and related laws, and we require all users of the Website to comply with these laws. Accordingly, you may not store any material or content on, or disseminate any material or content over, the Website in any manner that constitutes an infringement of third party intellectual property rights, including rights granted by copyright law. Owners of copyrighted works in the United States who believe that their rights under copyright law have been infringed may take advantage of certain provisions of the Digital Millennium Copyright Act of 1998 (the "DMCA") to report alleged infringements. You may not post, modify, distribute, or reproduce in any way any copyrighted material, trademarks, or other proprietary information belonging to others without obtaining the prior written consent of the owner of such proprietary rights. It is our policy to terminate privileges of any user who repeatedly infringes the copyright rights of others upon receipt of proper notification to us by the copyright owner or the copyright owner's legal agent. If you feel that a posted message is objectionable or infringing, we encourage you to contact us immediately. Upon our receipt of a proper notice of claimed infringement under the DMCA, we will respond expeditiously to remove, or disable access to, the material claimed to be infringing and will follow the procedures specified in the DMCA to resolve the claim between the notifying party and the alleged infringer who provided the content in issue. Our designated agent (i.e., the proper party) to whom you should address such notice is listed below. If you believe that your work has been copied and posted on the Website in a way that constitutes copyright infringement, please provide our designated agent with the following information: An electronic or physical signature of the person authorized to act on behalf of the owner of the copyright or other intellectual property interest; A description of the copyrighted work or other intellectual property that you claim has been infringed; A description of where the material that you claim is infringing is located on the Website; Your address, telephone number, and email address; A statement by you that you have a good faith belief that the disputed use is not authorized by the copyright or intellectual property owner, its agent, or the law; and A statement by you, made under penalty of perjury, that the information contained in your report is accurate and that you are the copyright or intellectual property owner or authorized to act on the copyright or intellectual property owner's behalf. Our designated agent for notice of claims of copyright infringement can be reached as follows: By Mail: 430 E 29th St, Suite 11, New York, NY (attn: Aaron Windfield) By E-Mail: firstname.lastname@example.org Subject line: DMCA
15 GENERAL TERMS AND CONDITIONS
16 OUR LIABILITY
16.1 We will use reasonable endeavors to remedy faults in the Products and Services. Subject to clause 14.4(c), if we fail to comply with these Terms, we will be liable to you only for the purchase price of the Product or Service in question. 16.2 Subject to clause 14.4(c), we will not be liable for losses that result from our failure to comply with these Terms that fall into the following categories even if such losses result from our deliberate breach: (a) Loss of income or revenue; (b) Loss of business; (c) Loss of profits (whether considered to be a direct or indirect loss); (d) Loss of anticipated savings; (e) Loss of data; (f) Waste of management or office time; and/or (g) Indirect or consequential loss or damage. 16.3 In addition, we will not be liable for: (a) Faulty operation of computers during the registration process or during completion of a subscription or during the transmission of any data and/or for incorrect or overly slow transmission of data by the internet provider and/or any damage that occurs due to information submitted by you not being received by us or not being received promptly or not being considered, as a consequence of technical faults with our software or hardware (whether or not they are within or outside of our control); (b) Any loss or damage due to viruses or other malicious software that may infect your Device, computer equipment, software, data, or other property caused by you accessing, using or downloading from the Website or any Product or Service, or from transmissions via emails or attachments received from us; and/or (c) Any use of websites linked to the Website but operated by third parties.
17 LIMITATION OF LIABILITY
18 REFRESH RELATIONSHIP
Refresh is a platform and live training marketplace offering live mindfulness, yoga, pilates and massage training services to companies and to individuals within their homes. Psocratic is an investor in Refresh. As a Psocratic member, users may receive updates or discount offers related to the Refresh services. Psocratic members may opt out of such messages at any time. Psocratic makes no guarantee or warranties related to Refresh technology or services. Interested users should visit refreshbody.com to see their terms & conditions.
19 GOVERNING LAW
These Terms and any action related thereto will be governed by the laws of the State of California without regard to its conflict of laws and provisions. These Terms are effective and were last updated on November 15th, 2015.