By using or accessing the Site you agree to these Terms, as updated from time to time in accordance with Section 8 below. Because Embodywise provides a wide range of services, we may at times ask you to review and accept supplemental terms that apply to your interaction with a specific product or service. These Terms state that any disputes between you and Embodywise must be resolved in arbitration or small claims court.
1. Account Security. To use the Site you must (i) be at least eighteen (18) years of age; (ii) have not previously been suspended or removed from the Services; and (iii) register for and use the Site in compliance with any and all applicable laws and regulations.
2. Account Registration. To access some features of the Site, you may be required to register for an account. When you register for an account, we may ask you to give us certain identifying information about yourself, including but not limited to your email address and other contact information, and to create a user name and password (“Registration Information”). When registering for and maintaining an account, you agree to provide true, accurate, current, and complete information about yourself. You also agree not to impersonate anyone, misrepresent any affiliation with anyone else, use false information, or otherwise conceal your identity from Embodywise for any purpose. You are solely responsible for maintaining the confidentiality and security of your password and other Registration Information. For your protection and the protection of other users, we ask you not to share your Registration Information with anyone else. If you do share this information with anyone, we will consider their activities to have been authorized by you. If you have reason to believe that your account is no longer secure, you must immediately notify us at email@example.com.
4. Prohibited Conduct. You agree not to:
A. Use the Site for any illegal purpose, or in violation of any local, state, national, or international law
B. Violate or encourage others to violate the rights of third parties, including intellectual property rights;
C. Post, upload, or distribute any content that is unlawful, defamatory, libelous, inaccurate, or that a reasonable person could deem to be objectionable, profane, indecent, pornographic, harassing, threatening, hateful, or otherwise inappropriate;
D. Interfere in any way with security-related features of the Site;
E. Interfere with the operation or any user’s enjoyment of the Site, including by uploading or otherwise disseminating viruses, adware, spyware, worms, or other malicious code, making unsolicited offers or advertisements to other users, or attempting to collect personal information about users or third parties without their consent;
F. Access, monitor or copy any content or information of the Site using any robot, spider, scraper, or other automated means or any manual process for any purpose without Embodywise’s express written permission;
G. Perform any fraudulent activity, including impersonating any person or entity, claiming false affiliations, accessing the accounts of other users without permission, or falsifying your identity or any information about you, including age or date of birth; or
H. Sell or otherwise transfer the access granted herein.
5. Third Party Content. The Site may contain links to third party websites and services. Embodywise provides such links as a convenience, and does not control or endorse these websites and services. You acknowledge and agree that Embodywise has not reviewed the content, advertising, products, services, or other materials that appear on such third party websites or services, and is not responsible for the legality, accuracy, or appropriateness of any such content, and shall not be responsible or liable, directly or indirectly, for any damage or loss caused or alleged to be caused by or in connection with the use of any such third party websites or services.
6. Intellectual Property. You acknowledge and agree that you relinquish all ownership rights in any ideas or suggestions that you submit to Embodywise through this Site. This Site is protected by applicable copyright and other intellectual property laws, and no materials from the Site may be copied, reproduced, republished, uploaded, posted, transmitted, or distributed in any way without our express permission. All trademarks and service marks on the Site belong to Embodywise, except third-party trademarks or service marks, which are the property of their respective owners.
7. User Content. You represent and warrant that you own or otherwise have the right to use any content you post to the Site. If you believe that your content has been used in a way that constitutes copyright infringement, you may contact us:
Email: firstname.lastname@example.org Phone: 415-839-6788
Snail mail: Embodywise/Hakomi Institute of California 3790 El Camino Real #866 Palo Alto, CA 94306
You must provide the following information: an electronic or physical signature of the copyright owner or the person authorized to act on behalf of the copyright owner; a description of the copyrighted work that you claim has been infringed; a description of where the material that you claim is infringing is located; your address, telephone number, and email address; a written statement that you have a good faith belief that the disputed use is not authorized by the copyright owner, its agent, or the law; a statement by you, made under penalty of perjury, that the above information in your notice is accurate and that you are the copyright owner or authorized to act on the copyright owner’s behalf. Embodywise has adopted and implements a policy that provides for termination in appropriate circumstances of accounts of users who repeatedly infringe copyright or other intellectual property rights of Embodywise or others.
8. Indemnification. You agree that you will be personally responsible for your use of the Site, and you agree to defend, indemnify, and hold harmless Embodywise from and against any and all claims, liabilities, damages, losses, and expenses (including attorneys’ and accounting fees and costs), arising out of or in any way connected with (i) your access to, use of, or alleged use of the Site; (ii) your violation of the Terms or any applicable law or regulation; (iii) your violation of any third party right, including without limitation any intellectual property right, publicity, confidentiality, property, or privacy right; or (iv) any disputes or issues between you and any third party. Embodywise reserves the right, at our own expense, to assume the exclusive defense and control of any matter otherwise subject to indemnification by you, and in such case, you agree to cooperate with our defense of such claim.
9. Termination. If you violate these Terms, your permission to use the Site will automatically terminate. In addition, Embodywise in its sole discretion may suspend or terminate your user account and/or suspend or terminate some or all of your access to the Services at any time, with or without notice to you. You may terminate your account at any time by contacting Embodywise at email@example.com. After your account is terminated, information and content previously provided by you will no longer be accessible through your account, but Embodywise may continue to store such information and content, and it may also be stored by third parties to whom it has been transferred through your use of the Site.
10. Modification of the Terms. Embodywise reserves the right at any time to modify these Terms and to impose new or additional terms or conditions on your use of the Site. Such modifications and additional terms and conditions will be effective immediately upon notice and incorporated into these Terms. We will make reasonable efforts to notify you of any material changes to the Terms, including, but not limited to, by posting a notice to our website or by sending an email to any address you may have provided to us. Your continued use of the Services following notice will be deemed acceptance of any modifications to the Terms.
11. Disclaimers of Warranties. The Site provided “as is” and on an “as available” basis, without warranty or condition of any kind, either express or implied. Although Embodywise seeks to maintain safe, secure, accurate, and well-functioning services, we cannot guarantee the continuous operation of or access to our Site, and there may at times be inadvertent technical or factual errors or inaccuracies. Embodywise specifically (but without limitation) disclaims (i) any implied warranties of merchantability, fitness for a particular purpose, quiet enjoyment, or non-infringement; and (ii) any warranties arising out of course-of-dealing, usage, or trade. You assume all risk for any/all damages that may result from your use of or access to the Site. Embodywise does not guarantee the accuracy of, and disclaims all liability for, any errors or other inaccuracies in the information, content, recommendations, and materials made available through the Site.
12. Limitation of Liability. In no event will Embodywise be liable to you for any incidental, special, consequential, direct, indirect, or punitive damages, whether based on warranty, contract, tort (including negligence), statute, or any other legal theory, whether or not Embodywise has been informed of the possibility of such damage. Some jurisdictions do not allow the disclaimer of warranties or limitation of liability in certain circumstances. Accordingly, some of the above limitations may not apply to you. Your actions, choices and decisions (or lack of them) are entirely your own responsibility. Please consult a qualified professional in relation to any practical, medical, legal, financial, business, psychological or emotional issue you may have.
None of our products or services is accompanied by any guarantee of results. We cannot guarantee results for any customer or client because that is entirely dependent on their level of commitment and desire for change. Any stated or posted testimonials for results have come from customers, students, and clients who have completed sessions, work, or programs within the Embodywise organization and reported their unique, individual results. Under no circumstances do we guarantee or state that these results can be replicated by others. Transformation, success, and life changes require a high level of commitment, discipline, and desire and those are up to the individual to implement in their lives. Our services and products are not to be considered a replacement for mental or medical advice or services. We are not a financial planner, medical person, therapist or anything other than what is stated.
13. Governing Law. These Terms are governed by the laws of the State of California without regard to conflict of law principles. Subject to Section 14, which provides that disputes are to be resolved through binding arbitration or small claims court, to the extent that any lawsuit or court proceeding is permitted hereunder, you and Embodywise agree to submit to the exclusive personal jurisdiction of the state courts and federal courts located within San Mateo County, California, for the purpose of litigating all such disputes.
14. Dispute Resolution by Binding Arbitration. In the interest of resolving disputes between you and Embodywise in the most expedient and cost effective manner, you and Embodywise agree to resolve disputes through binding arbitration or small claims court instead of in courts of general jurisdiction (“Agreement to Arbitrate”). Arbitration is more informal than a lawsuit in court. Arbitration uses a neutral arbitrator instead of a judge or jury, allows for more limited discovery than in court, and is subject to very limited review by courts. Arbitrators can award the same damages and relief that a court can award. Any arbitration under these Terms will take place on an individual basis; class arbitrations and class actions are not permitted. You acknowledge and agree that the arbitrator may award relief (including monetary, injunctive, and declaratory relief) only in favor of the individual party seeking relief and only to the extent necessary to provide relief necessitated by that individual party’s claim(s). Any relief awarded cannot affect other users.
15. Modification of the Site. Embodywise reserves the right to modify or discontinue, temporarily or permanently, some or all of the Site at any time without any notice or further obligation to you. You agree that Embodywise will not be liable to you or to any third party for any modification, suspension, or discontinuance of any of the Site.
B. No Waiver. The failure to require performance of any provision shall not affect our right to require performance at any time thereafter, nor shall a waiver of any breach or default of the Terms constitute a waiver of any subsequent breach or default or a waiver of the provision itself.
C. Paragraph Headers. Use of paragraph headers in the Terms is for convenience only and shall not have any impact on the interpretation of particular provisions.
D. Severability. In the event that any part of the Terms is held to be invalid or unenforceable, the unenforceable part shall be given effect to the greatest extent possible and the remaining parts will remain in full force and effect.
17. Notice to California Residents. Under California Civil Code Section 1789.3, you may contact the Complaint Assistance Unit of the Division of Consumer Services of the California Department of Consumer Affairs in writing at 1625 N. Market Blvd., Suite S-202, Sacramento, California 95834, or by telephone at (800) 952-5210 in order to resolve a complaint regarding the service or to receive further information regarding use of the service.
The following copyright, trademark, and intellectual property statement is made necessary as content on the internet is not free for use. It is not. Using any content without the express approval and permission of its author is plagiarism, copyright infringement, and theft of intellectual property.
All commercial organizations, individual persons, or corporations claiming ownership to material that is the intellectual property, under copyright, and/or all published content of Embodywise shall be subject to criminal process and all legal remedies shall be pursued, including damages and other penalties, under state and federal law. It is illegal to copy someone’s work without permission, to trademark intellectual property that you did not create, and to claim ownership of any portion of content that is not your original work.
The information that we collect:
Generally, you can visit the Site without telling us who you are or revealing any Personal Information (when we use the term “Personal Information,” we mean information that can be associated with a specific person and can be used to identify that person, such as name, e-mail address, mailing address, mobile phone number, age, gender, date of birth, as well as additional sensitive information such as your social security number, financial information, financial account information, and other similar types of information). But we will collect Personal Information when you provide it to us. For example, you may provide us with Personal Information when you fill out forms or fields on the Site; when you register for an Embodywise account; and when you contact us or request information about us, this Site and our products or services (whether by email or other means).
Automatically Collected Information
When you visit the Site, we may automatically receive and record certain information from your computer, web browser and/or mobile device, including your IP address or other device address or ID, web browser and/or device type, hardware and software settings and configurations, the web pages or sites that you visit just before or just after visiting the Site, the pages you view on the Site, your actions on the Site, and the dates and times that you visit, access, or use the Site. When you use the Site on a mobile device, we may also collect the physical location of your device by, for example, using satellite, cell phone tower or wireless local area network signals.
How we use the information we collect:
We use non-identifying information about your use of the Site to understand and analyze the usages trends and preferences of our users, to improve the Site, and to improve fraud detection and information security.
We may use your e-mail address or other Personal Information (a) to contact you for administrative purposes such as customer service, and/or to send you promotional materials. Generally, you can opt out of receiving promotional communications, through links provided in the messages, by updating your account preferences through the Services, or by contacting us directly at firstname.lastname@example.org. Although your changes are reflected promptly in active user databases, we may retain all information you submit for a variety of purposes, including backups and archiving, prevention of fraud and abuse, and analytics.
When we disclose information:
We may disclose your information if required to do so by law or in the good-faith belief that such action is necessary to take precautions against liability; to protect Embodywise from fraudulent, abusive, or unlawful uses or activity; to protect the security or integrity of the Site; to investigate and defend ourselves against any third party claims or allegations; to assist government enforcement agencies; or to comply with state and federal laws, in response to a court order, judicial or other government subpoena or warrant.
We make certain information available to third parties to comply with various reporting obligations, and for business or marketing purposes. When possible, we provide this information in a de-identified way.
We work with third party service providers to provide website development, hosting, data storage, maintenance, and other services for us. To the extent it is necessary for these third party service providers to complete their contractual obligations to us, these third parties may have access to or process your information.
In the event Embodywise were to be engaged in or contemplating a divestiture, merger, consolidation, or asset sale, or in the unlikely event of a bankruptcy, Embodywise may transfer or assign the data, including Personal Information, that we have collected from users.
You may, of course, decline to share certain information with us, in which case we may not be able to provide to you some of the features and functionality of the Site.
Once you have registered for an Embodywise account, you may update, correct, or delete your profile information and preferences at any time by accessing your account preferences page through the Site.
If you have not created an account and you would like for us to delete your information, please send us a request at email@example.com.
If you do not wish to receive email offers or newsletters from us, you can opt out of receiving email information from us (except for emails related to the completion of your registration, correction of user data, change of password, and other similar communications essential to your transactions through the Site) by using the unsubscribe process at the bottom of the email. Although your changes are reflected promptly in active user databases, we may retain all information you submit for a variety of purposes, including backups and archiving, prevention of fraud and abuse, and analytics.
Our Commitment to Children’s Privacy:
Protecting the privacy of young children is especially important. For that reason, we do not allow children under 13 years of age to use the Site, we do not knowingly collect or maintain information from persons under 13 years of age, and no part of the Site are directed to persons under 13 years of age. If you are under 13 years of age, then please do not use or access the Site at any time or in any manner. If we learn that information has been collected through the Site from persons under 13 years of age and without verifiable parental consent, then we will take the appropriate steps to delete this information. If you are a parent or guardian and discover that your child under 13 years of age has obtained an Embodywise account or provided us with information, please alert us at firstname.lastname@example.org to request that we delete the information from our systems.
Our Commitment to Data Security:
We use certain physical, managerial, and technical safeguards that are designed to protect the integrity and security of your information; however, no security measures are perfect or impenetrable, so we cannot ensure or warrant the security of any information you transmit to us through the Site, and you do so at your own risk. We also cannot guarantee that such information may not be accessed, disclosed, altered, or destroyed by breach of any of our physical, technical, or managerial safeguards. We cannot control the actions of other users or other third parties with whom you may choose to share your information and therefore we cannot and do not guarantee that information you post through the Site will not be viewed by unauthorized persons. We are not responsible for circumvention of any privacy settings or security measures contained on the Site. Even after removal, copies of information that you have posted may remain viewable in cached and archived pages or if other users have copied or stored such information.
We retain information as long as it is reasonably necessary and relevant for our operations, and/or to comply with the law, prevent fraud, collect any fees owed, resolve disputes, troubleshoot problems, assist with any investigation, or enforce our Terms or other agreements.
Visitors from Outside the United States:
This Site is controlled and operated by Embodywise in the United States. If you choose to access the Site from outside the United States, you acknowledge that you will be transferring your information, including Personal Information, outside of those regions to the United States for storage and processing, as necessary to provide to you the products and services available through the Site. Where required, we comply with applicable legal frameworks relating to the collection, storage, use, and transfer of personal information.
Limitation of Liability:
By accessing this Site and/or providing us with Personal Information and other data, you expressly and unconditionally release and hold us harmless from any and all liability for any injuries, loss, or damage of any kind arising from or in connection with the use and/or misuse of such information. In addition, while we take efforts to ensure the proper and appropriate use of data by our service providers that may receive your information from us, we are not responsible for any injuries, loss, or damage of any kind arising from or in connection with the use and/or misuse of your information caused by those service providers.
Do Not Track Disclosures
Third parties such as advertising networks, analytics providers, and widget providers may collect information about your online activities over time and across different websites when you access or use our Services. Currently, various browsers offer a “Do Not Track” option, but there is no standard for how DNT should work on commercial websites. Due to lack of such standards, the Site does not respond to Do Not Track consumer browser settings.
Our Contact Information: