EILEEN MARDER MIRMAN TERMS OF USE

Last Updated: September 29, 2023

We may modify these Terms from time to time. When we do, we will provide notice to you by publishing the most current version and revising the date at the top of this page, and will notify you by email when we make material changes to these Terms of Use. By continuing to use the Site after any changes come into effect, you agree to the revised Terms; if you do not agree with any of the revised Terms, you must stop using the Site.

1. THESE TERMS OF USE. THESE TERMS OF USE (“TERMS OF USE”) ARE A LEGAL CONTRACT BETWEEN  YOU AND https://www.eileenmardermirman.com/ and Eileen Marder-Mirman.  The https://www.eileenmardermirman.com/ website provides its users (each individually a “User” or “Member” and collectively, “Users” or “Members”) with access to workshops, podcasts,  newsletters and other paid and no-cost content regarding a wide spectrum of healing. The terms “https://www.eileenmardermirman.com/,” “we,” “us,” and “our” refer to the https://www.eileenmardermirman.com/ website. The terms “you” and “your” refer to any person accessing and/or using the site, including accessing or subscribing to Available Content. 

2. Your access to and use of the Service is conditioned on your acceptance of and compliance with these Terms. These Terms apply to all visitors, users and others who access or use the Service.

3. By accessing or using the Service you agree to be bound by these Terms. If you disagree with any part of the terms then you may not access the Service.

Intellectual Property

The Service and its original content, features and functionality are and will remain the exclusive property of https://www.eileenmardermirman.com/ and Eileen Marder-Mirman.

You may not: (i) sell, rent, lease, copy, reproduce, hyperlink, frame,  republish, upload, post, modify, transmit, translate, encode, publicly display, or distribute in any way  via any medium any Available Content or any other part of the Site without https://www.eileenmardermirman.com/ express prior written consent; (ii) remove any proprietary notices or labels on the Available Content; (iii) attempt to  disable, bypass, modify, defeat, or otherwise circumvent any digital rights management or other  content protection system used on or as part of the Site; or (iv) use the Site for any commercial or illegal  purpose.

(c) Most Available Content is in “streaming” format, which means that it is made available to you as a  contemporaneous digital transmission via the Internet from the Site to your device for personal viewing  in real-time. Except as expressly set forth below, you may not download any Available Content or any  other part of the Site without https://www.eileenmardermirman.com/ or Eileen Maredr-Mirman express prior written consent: Certain Available Content may specifically indicate that downloading is permitted. In such cases, you may download one copy of such Available Content on any single device for your personal, non-commercial use only, so long as you keep  intact all copyright and other proprietary notices. 

NOTE: PLEASE READ THESE TERMS OF USE CAREFULLY, AS THEY CONTAIN AN AGREEMENT TO  ARBITRATE AND OTHER IMPORTANT INFORMATION REGARDING YOUR LEGAL RIGHTS, REMEDIES, AND  OBLIGATIONS. THE AGREEMENT TO ARBITRATE REQUIRES (WITH LIMITED EXCEPTIONS) THAT YOU  SUBMIT CLAIMS YOU HAVE AGAINST US TO BINDING AND FINAL ARBITRATION, AND, FURTHER, THAT:  (1) YOU WILL BE PERMITTED TO PURSUE CLAIMS AGAINST https://www.eileenmardermirman.com ONLY ON AN INDIVIDUAL  BASIS, NOT AS A PLAINTIFF OR CLASS MEMBER IN ANY CLASS OR REPRESENTATIVE ACTION OR  PROCEEDING, (2) YOU WILL BE PERMITTED TO SEEK RELIEF (INCLUDING MONETARY, INJUNCTIVE, AND  DECLARATORY RELIEF) ONLY ON AN INDIVIDUAL BASIS, AND (3) YOU ARE WAIVING YOUR RIGHT TO  HAVE ANY CLAIMS YOU HAVE AGAINST US RESOLVED BY A JURY OR IN A COURT OF LAW. 

The Available Content on this Site is for informational purposes only. https://www.eileenmardermirman.com/ is not engaged in rendering therapy services by providing the Site, and your use of the  Site does not create any therapist-patient or other treatment relationship between you and https://www.eileenmardermirman.com/ or any of its representatives. We may modify these Terms from time to time. When we do, we will provide notice to you by publishing the most current version and revising the date at the top of this page, and will notify you by email when we make material changes to these Terms of Use. By continuing to use the Site after any changes come into effect, you agree to the revised Terms; if you do not agree with any of the revised Terms, you must stop using the Site. 

Not Professional Advice; No Professional Relationship Created

Although this Site may provide information related to mental health, clinical psychology, and other medical issues, such information is not intended to constitute or be a substitute for advice from a qualified healthcare provider.  https://www.eileenmardermirman.com/ or Eileen Marder-Mirman is not engaged in rendering mental health advice, clinical psychology advice, therapy or other medical advice or services by providing the Site, and your use of the Site does not create any therapist patient or other treatment relationship between you and https://www.eileenmardermirman.com/Although this Site may provide information related to mental health, clinical psychology, and other medical issues, such  information is not intended to constitute or be a substitute for advice from a qualified healthcare provider.  https://www.eileenmardermirman.com/

is not engaged in rendering mental health advice, clinical psychology advice, therapy or other medical advice or services by providing the Site, and your use of the Site does not create any therapist patient or other treatment relationship between you and https://www.eileenmardermirman.com/

Your  Privacy https://www.eileenmardermirman.com/ and Eileen Marder-Mirman collects registration and other information about you through the Site. Please refer to our Privacy Policy for details on how we collect, use, and disclose this information.

Links To Other Web Sites

Our Service may contain links to third-party web sites or services that are not owned or controlled by Eileen Marder-Mirman and https://www.eileenmardermirman.com/.

Eileen Marder-Mirman and https://www.eileenmardermirman.com/ has no control over, and assumes no responsibility for, the content, privacy policies, or practices of any third party web sites or services.

You further acknowledge and agree that Eileen Marder-Mirman and https://www.eileenmardermirman.com/ 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 use of or reliance on any such content, goods or services available on or through any such web sites or services.

We strongly advise you to read the terms and conditions and privacy policies of any third-party web sites or services that you visit.

User Content, Live Events, and Conduct of Others

At https://www.eileenmardermirman.com/,

we value community. Within any community two things are true: Disagreements are  natural and respect is required. By using our Site or purchasing and attending, or participating in, live event workshops, meetings or Support Sessions (as defined in Section 6), or any other  https://www.eileenmardermirman.com/ events (each an “Event” and collectively, “Events”), you  agree to conduct yourself in a productive and respectful manner and otherwise in accordance with these Terms. 

If we become aware of User Content that is inappropriate or does not otherwise comply with these Terms, on the Site or conduct at one of our live events, we reserve the right to investigate and take appropriate action, which  may include temporary or permanent suspension from our Site or, in the case of an Event, removal of  any participant whose comments or behavior are deemed to be inappropriate or disruptive. 

Notwithstanding any of the foregoing, https://www.eileenmardermirman.com/ and Eileen  Marder-Mirman does not control the User Content or conduct of other Users. We are not required to monitor, police, or remove any User Content or conduct, and we assume no liability for any such User Content or conduct. Additionally, we are not a party to any communications or arrangements made among Users through the Site. We do not conduct or require background checks on Users, and we do not attempt to verify the truth or accuracy of statements made by Users. We make no representations or warranties concerning the conduct or User Content of any Users or their interactions with you.

Your User Content

You are responsible for the information, opinions, messages, comments, photos, videos, graphics, sounds  and other content or material that you submit, upload, post or otherwise make available on or through the Site or at an Event (“User Content”) and through the services available in connection with this Site. You may not upload, post or otherwise make available on this Site any material protected by copyright, trademark, or  any other proprietary right without the express permission of the owner of such copyright, trademark or  other proprietary right owned by a third-party, and the burden of determining whether any material is  protected by any such right is on you. You shall be solely liable for any damage resulting from any infringement of copyrights, trademarks, proprietary rights, violation of contract, privacy or publicity rights or any other harm resulting from any User Content that you make. You have full responsibility for any and all User Content you make, including its legality, reliability and appropriateness. 

You agree that any User Content provided by you in connection with this Site is provided on a non proprietary and non-confidential basis. You hereby grant to https://www.eileenmardermirman.com/ and Eileen Marder-Mirman a non-exclusive, perpetual,  irrevocable, royalty-free, fully paid-up, worldwide license (including the right to sublicense through  multiple tiers) to use, reproduce, process, adapt, publicly perform, publicly display, modify, prepare  derivative works, publish, transmit and distribute each of your User Content, or any portion thereof, in  any form, medium or distribution method now known or hereafter existing, known or developed, and  authorize others to use the User Content. We may modify or adapt your User Content in order to transmit,  display or distribute them over computer networks and in various media and/or make changes to the User  Content as necessary to conform and adapt them to any requirements or limitations of any networks,  devices, services or media.

The Available Content and all other aspects of the Site, including any and all trademarks, logos, text,  images, graphics, music, data, software, source code, and other information available through or as a part  of the Site, and including the design, structure, selection, coordination, expression, “look and feel”, and  arrangement of the Site, are the sole property of https://www.eileenmardermirman.com/

and/or its licensors, are protected by  copyright, trademark, and other intellectual property laws, and may not be used except in accordance  with these Terms or with https://www.eileenmardermirman.com/ or Eileen Marder-Mirman.

Availability and Streaming Quality of Available Content

https://www.eileenmardermirman.com/regularly updates the  Available Content on the Site. Additionally, https://www.eileenmardermirman.com/may test certain Available Content or Site features by making them available to you for limited periods of time. In all cases, https://www.eileenmardermirman.com/ reserves the right to make changes to, or remove from the Site, any or all Available Content at any time without notice and without liability to you or third parties. The playback resolution and quality of the Available Content depends on a number of factors. https://www.eileenmardermirman.com/makes no guarantee as to the resolution or quality of the Available Content you will receive when streaming, even if you have paid for access to such Available Content.

Paid Content 

Except as expressly set forth herein, all fees are non-refundable once paid. All fees are in U.S. dollars. Any promotional or “trial basis” discounts offered are temporary and will terminate at the end of the applicable promotional period, but may be terminated  earlier in https://www.eileenmardermirman.com/ sole discretion. 

Unsolicited Information 

From time to time, you may send us unsolicited information or materials, including, without limitation, ideas or suggestions related to new or improved services, enhancements, names, technologies, advertising and marketing campaigns, plans, or promotions  (collectively, “Unsolicited Information”). Notwithstanding the foregoing, https://www.eileenmardermirman.com/

does not want to receive confidential or proprietary information from you, and you agree never to send to https://www.eileenmardermirman.com/ any User Content that would violate or infringe any copyrights, trademarks, or any other intellectual property rights or other rights of third parties, including, without limitation, the rights of publicity or privacy. By sending https://www.eileenmardermirman.com/ any Unsolicited Information you grant to https://www.eileenmardermirman.com/, an unrestricted, irrevocable, perpetual, worldwide license to use, reproduce, display, perform, modify,  transmit and distribute such Unsolicited Information, and you also agree that https://www.eileenmardermirman.com/ or Eileen Marder-Mirman is free to use any ideas, concepts, know-how or techniques that you send to it for any purpose, without attribution or  compensation to you of any kind. https://www.eileenmardermirman.com/ has no obligation to review any Unsolicited Information.  These provisions do not govern https://www.eileenmardermirman.com/ or Eileen Marder-Mirman obligations with respect to your personal information, which obligations are set forth in https://www.eileenmardermirman.com/

Privacy Policy

https://www.eileenmardermirman.com/ assumes no responsibility for any consequence relating directly or indirectly to any action or inaction you take based on the Available Content or other information or material on this Site. Reliance on any information provided by https://www.eileenmardermirman.com/, Eileen Marder-Mirman, representatives or others contributing to the Site at the invitation of https://www.eileenmardermirman.com/ or Eileen Marder-Mirman is solely at your own risk. Always seek the advice of your qualified healthcare professionals with any questions you may have regarding a medical condition. Never disregard professional advice or delay in seeking it because of something you have read on this Site.

Limitation of Liability and Disclaimer of Warranties

TO THE MAXIMUM EXTENT  PERMITTED BY APPLICABLE LAW, THE SITE, SERVICES, AND ANY INFORMATION OR MATERIAL CONTAINED OR PRESENTED ON THE SITE IS PROVIDED TO YOU ‘AS IS’ AND ‘AS AVAILABLE’, WITHOUT ANY  REPRESENTATIONS, GUARANTEES OR WARRANTIES OF ANY KIND, EITHER EXPRESS, STATUTORY OR  IMPLIED, INCLUDING ANY IMPLIED WARRANTIES OF MERCHANT ABILITY, FITNESS FOR A PARTICULAR  PURPOSE, AND/OR NON-INFRINGEMENT, OR RELATING TO THE QUALITY, SUITABILITY, OPERABILTY,  CONDITION, TRUTH, ACCURACY, ABSENCE OF DEFECTS, WHETHER LATENT OR PATENT, OR  COMPLETENESS OF ANY INFORMATION OR MATERIAL CONTAINED OR PRESENTED ON THE SITE. TO THE  MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, IN NO CASE SHALL https://www.eileenmardermirman.com/ or Eileen Marder-Mirman BE LIABLE FOR ANY  INJURY, LOSS, CLAIM, OR ANY DIRECT, INDIRECT, INCIDENTAL, PUNITIVE, SPECIAL, OR CONSEQUENTIAL  DAMAGES OF ANY KIND, INCLUDING, WITHOUT LIMITATION, LOST PROFITS, LOST SAVINGS, LOSS OF  DATA, OTHER ECONOMIC ADVANTAGE OR ANY SIMILAR DAMAGES, WHETHER BASED IN CONTRACT, TORT  (INCLUDING NEGLIGENCE), STRICT LIABILITY, OR OTHERWISE, ARISING FROM: (A) YOUR USE OF THE  AVAILABLE CONTENT OR OTHER PARTS OF THE SITE; (B) THE SITE’S SECURITY, OPERABILITY, OR  AVAILABILITY; (C) ANY INFORMATION, ADVICE, SERVICES, OR GOODS OBTAINED THROUGH OR  ADVERTISED ON THE SITE; (D) STATEMENTS, CONDUCT, INTERACTIONS, OR DEALINGS WITH ANY OTHER  SITE MEMBER OR THIRD PARTY; OR (E) ANY OTHER CLAIM RELATED IN ANY WAY TO THE SITE – EVEN IF  ADVISED OF THE POSSIBILITY OF SUCH INJURY, LOSS, CLAIM, OR DAMAGES. Our liability to you or any third parties in any circumstance is limited to the greater of $100 or the amount of fees, if any, you paid to us in the twelve months prior to the action that may have given rise to liability. 

The limitations set forth in these Terms do not limit https://www.eileenmardermirman.com/ or Eileen Marder-Mirman liability for gross negligence, fraud, or intentional, malicious, or reckless misconduct. Further, because some jurisdictions do not allow the limitation of liability for consequential or incidental damages, in such jurisdictions https://www.eileenmardermirman.com/ or Eileen Marder-Mirman liability shall be limited to the maximum extent permitted by law. If you are based in the EU, you may have additional legal remedies.

Indemnification 

To the full extent permitted by applicable law, you agree to indemnify, defend, and hold https://www.eileenmardermirman.com/, Eileen Marder-Mirman, and its officers, directors, employees, contractors, and agents  harmless from any costs, damages, liabilities, and expenses (including attorneys’ fees and costs of defense) suffered in relation to or arising from any claim or demand made by any third party due to or  arising out of your violation of these Terms; your use, misuse, or abuse of the Site; your User Content;  your violation of any law, statute, ordinance or regulation; or your violation of the rights of a third party.  You agree to cooperate with https://www.eileenmardermirman.com/ or Eileen Marder-Mirman in defending such claims and not to settle any claim without https://www.eileenmardermirman.com/ or Eileen Marder Mirman’s  prior written consent.

Termination

We may terminate or suspend access to our Service immediately, without prior notice or liability, for any reason whatsoever, including without limitation if you breach the Terms.

All provisions of the Terms which by their nature should survive termination shall survive termination, including, without limitation, ownership provisions, warranty disclaimers, indemnity and limitations of liability.

Disclaimer

Your use of the Service is at your sole risk. The Service is provided on an “AS IS” and “AS AVAILABLE” basis. The Service is provided without warranties of any kind, whether express or implied, including, but not limited to, implied warranties of healing, merchantability, fitness for a particular purpose, non-infringement or course of performance.

Governing Law

These Terms shall be governed and construed in accordance with the laws of United States without regard to its conflict of law provisions.

Our failure to enforce any right or provision of these Terms will not be considered a waiver of those rights. If any provision of these Terms is held to be invalid or unenforceable by a court, the remaining provisions of these Terms will remain in effect. These Terms constitute the entire agreement between us regarding our Service and supersede and replace any prior agreements we might have between us regarding the Service.

Changes

We reserve the right, at our sole discretion, to modify or replace these Terms at any time. If a revision is material we will try to provide at least 30 days’ notice prior to any new terms taking effect. What constitutes a material change will be determined at our sole discretion.

By continuing to access or use our Service after those revisions become effective, you agree to be bound by the revised terms. If you do not agree to the new terms, please stop using the Service.

Contact Us

If you have any questions about these Terms, please contact us.