The use of the website practicalanxietysolutions.com (the "Site") and the services made available on
the Site ("Services") is subject to these Terms and Conditions of Service (these "Terms"). By using
any of the Services and accessing the Site, the User agrees to be bound by, and use the Company’s
Services in compliance with these Terms thereof.
This document details the terms and conditions regarding use of Services provided by the Company to
the User.
No Medical Advice
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The Services provided by the Company including but not limited to the articles
available on the Site may offer information pertaining to but not limited to health,
fitness, nutritional etc.
- The information available on the Site has been created and provided for educational
and informational purposes only and the same can neither be construed as practice of
medicine nor is the same intended to convey medical advice.
- The information provided on the Site should not be used by the User as a replacement
for professional medical advice, diagnosis, or treatment and it is expressly stated that
such information does not and cannot replace professional medical advice, diagnosis,
or treatment.
- The Company hereby expressly disclaims any and all responsibility for any actions or
inaction on a User’s part premised on the information that is available on the Site.
- The Company is a provider of information and content pertaining to mental health,
better sleep, preventing anxiety etc. in the health and wellness space. However, the
Company hereby expressly disclaims that it is not a health care or medical services
provider and as such its Services or the information available on the Site should not
be considered medical advice. It is further stated that medical advice can only be
provided a physician or medical service provider.
- In the interest of full disclosure, the Company hereby acknowledges that third party
research has demonstrated that meditation can assist in the prevention of and recovery
from a myriad conditions including but not limited to physical and mental health
issues. However, the Company hereby expressly disclaims all claims, representations
or guarantees that its Services or information available on the Site shall necessarily
provide a physical, mental or therapeutic benefit.
- The Company further acknowledges the fact that there have been instances where
people with certain conditions like anxiety and depression have experienced
worsening symptoms in conjunction with intensive meditation practice. Therefore, the
Company strongly advises the User(s) with existing mental health conditions to
consult their health care providers before starting a meditation practice.
- Any health information and links on the content available on the Site, whether
provided by the Company directly or by contract from third parties, is provided for
the sole purpose of User’s convenience and as such the Company hereby disclaims all
warranties regarding the suitability, usability etc. of the same.
Restrictions
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It is the User’s responsibility and liability to ensure compliance with all applicable
laws when using the Services of the Company or the Information provided on the
Site.
- Except as may be expressly permitted by applicable law, or as the Company may
authorize expressly in writing, the User shall not directly or indirectly through any
other person or entity indulge in the following:
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store, copy, modify, distribute, or resell any of the information; audio, visual, and
audiovisual works, or other content made available on the Services and the Site
(collectively, "Service Content") or,
- compile or collect any Service Content as part of a database or other work or,
- use any automated tool or programs such as bots to access or use the Services or
the information provided on the Site or,
- use any automated tool or programs such as bots to store, copy, modify,
distribute, or resell any Service Content or,
- rent, lease, or sublicense the User’s access to the Services to another person or,
- use any Services or Service Content for any purpose except for the User’s own
personal use or,
- circumvent or disable any digital rights management, usage rules, or other security
features of the Services or,
- use the Services and the Site in a manner that overburdens, or that threatens the
integrity, performance, or availability of, the Services or the Site in general or,
- remove, alter, or obscure any proprietary notices (including copyright and
trademark notices) on any portion of the Services or any Service Content or the
Site.
- The User shall not use Services to:
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email, upload, post, or otherwise transmit any content including but not limited to
comments etc. that contain libelous, obscene, tortious, unlawful, harmful,
threatening, abusive, harassing, defamatory, vulgar, invasive of another's privacy,
hateful, or racially, ethnically or otherwise objectionable elements or,
- harm the Company or third parties in any way or,
- impersonate any person or entity, or otherwise misrepresent affiliation with a
person or entity or,
- email, post, upload, or otherwise transmit any content including but not limited to
comments etc. that the User does not have a right to transmit under any
contractual or fiduciary relationships or under any applicable law (such as inside
information, proprietary and confidential information disclosed or learned under
nondisclosure agreements or as part of employment relationships) or;
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email, post, upload or otherwise transmit any content including but not limited to
comments etc. that infringes any copyright, trademark, trade secret, patent, or
other right of any party or,
- email, post, upload, or otherwise transmit any unsolicited or unauthorized
advertising, promotional materials, "junk mail," "spam," "chain
letters," "pyramid
schemes," or any other forms of solicitation on the Site or,
- email, post, upload, or otherwise transmit any material that contains software
viruses or any other computer programs, files, or codes designed to interrupt,
destroy, or limit the functionality of any computer hardware or software or
telecommunications equipment or,
- interfere with or disrupt the Services or servers or networks connected to the
Services, or disobey any requirements, procedures, policies or regulations of
networks connected to the Services or,
- intentionally or unintentionally violate any applicable local, state, national or
international law or regulation or;
- "stalk" or otherwise harass another or,
- store or collect personal data about other users.
Privacy Policy
The Company may collect certain information about the User through its Services and the Site. Such
collection and use of this information is governed by the Company’s Privacy Policy. By using any of
the Services, the User agrees to be bound by the Privacy Policy.
Links and Third Party Content
- The content on the Site may display, or contain links to, third party products, services,
and Web sites. Any opinions, services, offers, advice, statements, or other information
that constitutes part of the content authored, expressed, or made available by other
users or other third parties on the Site, or which is accessible through or may be
located using the Company’s Services and the Site (collectively, "Third Party
Content") are those of the respective authors or producers and not of the Company or
its officers, shareholders, directors, agents, employees, or representatives.
- The Company has no control whatsoever over the Third Party Content available on
the Site and as such it does not endorse such Third Party Content. Furthermore, the
Company does not guarantee the quality, integrity or accuracy of such Third Party
Content.
- The Company hereby expressly disclaims any and all responsibilities and liabilities
for the performance of any Third Party Content or any information or materials
advertised in any Third Party Content.
-
By using the Services, the User may be exposed to content that is offensive, indecent,
or objectionable. The Company is not responsible or liable, directly or indirectly, for
any damage or loss caused to the User by use of or reliance on any goods, services, or
information available on or through any third party service or Third Party Content. It
is the User’s responsibility to evaluate the information, opinion, advice, or other
content available on and through use of the Services.
IPR Rights and Publicity
- "PAS," the Company’s logo, and any other product, article or service name or slogan
displayed on the Company’s Services and the Site are trademarks/Copyrights of the
Company and its suppliers or licensors.
- The User has no right to copy, imitate or use, in whole or in part, the
trademarks/Copyrights as specified in clause 6.1 without the prior written permission
of the Company or the applicable trademark holder.
- The User shall not use any metatags or any other form of "hidden text" utilizing
"PAS" or any other name, trademark or product or service name of the Company
without its prior written permission.
-
The look and feel of the Services, including all page headers, button icons, custom
graphics and scripts, is the service mark, trademark and the trade dress of the
Company and shall not be imitated, used or copied, in part or in whole, without the
prior written permission of the Company.
-
All other registered trademarks, company names and product names or logos
mentioned in the Services or on the Site is the property of their respective owners.
Reference to any processes, products, services, or other information, by trade name,
supplier, trademark, manufacturer, or otherwise does not constitute or imply
sponsorship, endorsement, or recommendation thereof by the Company.
- The User agrees to allow the Company, and hereby do provide the Company with the
necessary rights and licenses, to use the User’s name and logo on the Site, blog and/or
in marketing materials, including case studies and as press references, to identify the
User as a customer/client of the Company’s Services.
- The User agrees to act as a customer reference for the Services and agrees to respond
reasonably to all such reference contacts.
Company’s Rights
- The Company shall have the right to:
- Remove or refuse to post any User Submissions including comments on the Site
for any or no reason in its sole discretion.
- Take any action with respect to any User Submissions including comments that it
deems necessary or appropriate in its sole discretion, including that such User
Submission violates the Terms of Use, infringes any intellectual property right or
other right of any person or entity, threatens the personal safety of the users of the
Services or the Site or the public or could create liability for the Company.
- Take appropriate legal action, including without limitation, referral to law
enforcement, for any illegal or unauthorized use of the Services.
- Terminate or suspend the User’s access to all or part of the Services for any or no
reason, including without limitation, any violation of these Terms of Use.
- Without limiting the foregoing, the Company shall have the right to fully cooperate
with any law enforcement authorities or court order requesting or directing it to
disclose the identity or other information of anyone posting any materials on or
through the Services.
- THE USER HEREBY WAIVES AND HOLD HARMLESS THE COMPANY AND
ITS OFFICERS, DIRECTORS, EMPLOYEES, AFFILIATES, AGENTS,
LICENSORS, AND SERVICE PROVIDERS FROM ANY CLAIMS/ACTIONS
RESULTING FROM ANY ACTION TAKEN BY ANY THIRD PARTY
INCLUDING LAW ENFORCEMENT AGENCIES DURING OR AS A RESULT
OF INVESTIGATIONS AND FROM ANY ACTIONS TAKEN AS A
CONSEQUENCE OF INVESTIGATIONS BY EITHER SUCH THIRD PARTIES
OR LAW ENFORCEMENT AUTHORITIES.
- The Company cannot be deemed to be in a position to review all material before it is
posted on the Services and the Site. As such the Company cannot ensure prompt
removal of objectionable material after it has been posted. Accordingly, to the fullest
extent permitted by applicable law, the Company assumes no liability for any action
or inaction regarding transmissions, communications or content provided by any user
or third party. The Company has no responsibility or liability to anyone for
nonperformance or performance of the activities described in this clause.
Feedback
- The User may be provided with a mechanism to provide feedback, suggestions, and
ideas, if so elected by the User, about the Services and the Site ("Feedback"). The
User agrees that the Company may, in its sole discretion, use the Feedback provided,
including in future enhancements and modifications to the Services and the Site.
- The User hereby grants to the Company and its assigns a worldwide, fully
transferable, perpetual, sublicensable, irrevocable, royalty free license to use,
reproduce, modify, create derivative works from, distribute, and display the Feedback
in any manner for any purpose, without restriction as to any media, software, or
technology of any kind existing now or developed in the future, without any
obligation to provide attribution or compensation to the User or any third party.
Newsletter Policy
- In the event the User signs up to receive promotional materials from the Company via
push notifications and/or email , the Company shall use the data such User provides to
the Company to provide the such communications as the User has requested.
- In the event, the User informs the Company that such User wishes to cancel email
promotional materials by selecting “unsubscribe” at the bottom of such
communication.
- The User may also exercise his option to turn push notifications at the device level
whenever he/she so desires.
- In the event the User provides his/her phone number to the Company directly or
through a third-party for the specific purpose of receiving an SMS message with a
link to the Services, the User will receive such SMS message (the “SMS Service”).
Standard text message rates will apply. The Company shall endeavor to comply with
these requests as soon as reasonably practicable. The User is advised that he/she may
not be able to opt-out of receiving certain service or transactional email messages
from the Company that are required to be provided with the Company’s Services.
Disclaimer of Warranties and Limitation of Liability
The use of the Services and the Content and the Site is at the User’s own risk. The Company
hereby discloses that when the Services or the Site are being used or accessed by the User,
information shall be transmitted over a medium that may be beyond the control and
jurisdiction of the Company and its suppliers. As such, the Company assumes no liability for
or relating to the delay, failure, interruption, or corruption of any data or other information
transmitted in connection with use of the Services.
The Services and the Content are provided on an “As Is” basis. THE COMPANY, ITS
LICENSORS, AND ITS SUPPLIERS, TO THE FULLEST EXTENT PERMITTED BY
APPLICABLE LAW, DISCLAIM ALL WARRANTIES, EITHER EXPRESS OR
IMPLIED, STATUTORY OR OTHERWISE, INCLUDING BUT NOT LIMITED TO THE
IMPLIED WARRANTIES OF FITNESS FOR PARTICULAR PURPOSE,
MERCHANTABILITY, AND NON-INFRINGEMENT OF THIRD PARTY
RIGHTS. Notwithstanding the foregoing, the Company, its licensors, and its suppliers make
no representations or warranties about the following:
- The completeness, currentness, accuracy, reliability, or timeliness of the Content, text,
graphics, software, links, or communications provided on or through the use of the
Services or the Company.
- The satisfaction of any government regulations requiring disclosure of information on
prescription drug products or the approval or compliance of any software tools with
regard to the Content contained on the Services.
To the fullest extent permitted by applicable law, in no event shall the Company, its licensors,
its suppliers, or any third parties mentioned on the Services be liable for any damages
(including, without limitation, incidental and consequential damages, personal
injury/wrongful death, lost profits, or damages resulting from lost data or business
interruption) resulting from the use of or inability to use the Services or the Content, whether
based on warranty, contract, tort, or any other legal theory, and whether or not the Company
is advised of the possibility of such damages.
Furthermore, the Company is not liable for any personal injury, including death, caused by
the use or misuse of the Services, Content, Site or User Submissions. Any claims arising in
connection with use of the Services, any Content, or any User Submissions must be brought
within one (1) year of the date of the event giving rise to such action occurred. Remedies
under these Terms of Use are exclusive and are limited to those expressly provided for in
these Terms of Use.
Representations
By using the Services of the Company, the User agrees that such User:
- has read and understood these Terms of Use;
- has the necessary authority and consent to accept these Terms and to enter into a
binding agreement with the Company and to perform the obligations set out herein;
- is at least 18 years of age, or the age of majority in his/her province, territory or
country, to sign up as a registered user of the Products. Individuals under the age of
18, or the applicable age of majority, may view the audiovisual content displayed in
the Products only with the involvement and consent of a parent or legal guardian and
otherwise subject to these Terms.
- in the event that the User is utilizing the Services of the Company on behalf of an
entity, such entity is duly incorporated, registered and validly existing under the
applicable laws of the jurisdiction in which the entity is established;
- in the event that the User is utilizing the Services for or on behalf of an entity or
person, such User is authorized to enter into a binding agreement with the Company
accept these Terms on such entity’s or person’s behalf;
Indemnitys
The User shall indemnify and hold the Company, its directors, suppliers, agents, employees,
and licensors, and its respective officers, agents, subsidiaries, affiliates, employees,
representatives, and assigns harmless from any damages, costs, expenses, and liability caused
by the User’s use of the Services and Service Content (including use of Customer Data with
the Services), violation of these Terms, or violation of any rights of a third party through use
of the Services or Service Content by the User.
Change to Services
The Company may, at any time and in its sole discretion, modify, add to, delete, suspend or terminate
the Services and any content, services or material offered on or through the Services, for any or no
reason, and with or without notice.
Change of Terms
The company reserves the right to update and make changes to these Terms from time to
time. In case of such an event, the Company undertakes to convey any such update or change
to the User via a reasonable means of communication. Thereafter, the User shall review these
Terms and agrees to abide by them.
The then-current version of these Terms will supersede all earlier versions. The User agrees
that the continued use of the Company’s Services after such changes have been published on
the Site shall constitute acceptance of such revised Terms.
Legal Notices
- The Services are controlled and operated from the Company's office. The Company
makes no representations that the Services are appropriate or available for use in other
locations. Those who access or use the Services from other jurisdictions do so at their
own volition and are entirely responsible for compliance with all applicable laws, state
and local laws and regulations.
- Enforcement of these Terms will be governed by the laws of USA, excluding its
conflict and choice of law principles.
- Any and all claims arising out of or related to these Terms or your use of the Services
or Service Content shall be subject to the exclusive jurisdiction of the courts located in
USA, and the User irrevocably agrees to submit to the jurisdiction of such courts.
- The Company’s failure to enforce any right or provision in these Terms shall not be
construed to be a waiver of such right or provision unless acknowledged and agreed to
by the Company in writing.
- In the event that a court of competent jurisdiction finds any provision of these Terms
to be illegal, invalid, or unenforceable, the remaining provisions will remain in full
force and effect.
CONTACTING US
If any person has any questions or concerns about the Services or these Terms can Contact Us