You are at least 18 years old and of the legal age of majority in the state or providence where you reside.
By using this Website, you state to the Company that you meet eligibility requirement. You shall not use the website if you do not meet the eligibility requirement.
4. Access to the Website
The Company makes reasonable efforts to keep the Website available to paying customers in accordance with its terms of service (available at http://www.barzilaiconsulting.com/terms-of-service. However, the Company makes no guarantee the Website will always be up and running. The Company will not be liable if the Website, any part of it, any content on it, or any service provided on it becomes temporarily unavailable.
You are responsible to obtain what you need to access the Website, including obtaining an internet connection and a computer device equipped with a web browser capable of viewing the Website.
The Company may at any time, without prior notice to you, do any of the following:
• change or take down this Website, any content on it, or any good or service sold or provided through it; and
• change who can access the Website or parts of it, including restricting access to certain content to only users with accounts or paying customers.
5. Online Purchases and Other Terms and Conditions
If you purchase through the Website any services to be provided by the Company (including access to certain Website Content, events, or programs), your purchase and use of those services will be governed by the Company’s Terms of Service, available at http://www.barzilaiconsulting.com/terms-of-service, and any other agreements].
6. Information You Provide Us
The Company might require you to provide information to do any of the following:
• to create an account;
• to purchase or obtain goods or services through the Website;
• to use message boards, comment fields, or other interactive features of the website;
• to register for or participate in contests, events, giveaways, programs, special promotions, or other activities; or
• to otherwise access or use parts of the Website or content provided through it.
Any information you provide the Company through the Website must be accurate, complete, and up to date. If you provide the Company information that does not meet these standards, the Company may deny you access to the Website or any content, event, program, or other activity provided through it.
The Company takes privacy seriously.
You shall not use any personal identifying information of any Website user that you obtain on or by using the Website to send one or more unsolicited commercial communications (including emails, texts, instant messages, or phone calls) to any such Website user or for any other commercial purpose.
8. Your Account
The Company may require you to have an account with the Company to --
• purchase or obtain products offered through the Website;
• use message boards, comment fields, or other interactive features of the Website;
• register for or participate in programs, events, special promotions, contests, or giveaways; or
• otherwise access or use parts of the Website or Website Content.
Such an account is personal to you. You shall not permit any other person to use your account. You shall also not provide any other person with your username, password, or other security information associated with your account. You must treat such information as confidential, and you must not disclose it to any other person or entity.
You must notify the Company immediately after you become aware of any unauthorized use of your account, unauthorized access to security information associated with your account, or any other security breach with respect to your account. You must use reasonable caution when accessing your account from a public or shared computer to prevent others from obtaining your password or other security information associated with your account. When using such public or shared computers, you must log out of your account at the end of each session.
9. Compliance of Others
10. Intellectual Property Rights
The Website and all content, design elements, images, information, logos, metatags, recordings, taglines, and other intellectual property used or available through the Website is owned by the Company and any persons or entities from whom the Company licensed or obtained such intellectual property. The intellectual property is protected by United States and international copyright, trademark, patent, trade secret, and other intellectual property or proprietary rights laws.
The following are trademarks owned by the Company or Related Persons and are protected by law: (a) the Company’s name; (b) the terms “Barzilai Consulting,” “Healthspan Coaching,” or “Outlive Coaching,” (c) logos, any other designs, images, sounds, words, or identifiers used by the Company to distinguish its goods and services. You must not use such trademarks without the Company’s (or if the Related Person is the owner, that Related Person’s) prior written permission. All other names, logos, product and service names, designs, and slogans on the Website are the trademarks of their respective owners.
“Related Persons” means, as of the time of determination, each entity controlled directly or indirectly by the Company, each individual or entity controlling the Company directly or indirectly, each entity directly or indirectly controlled by an individual or entity who controls the Company. For the purpose of the definition of "Related Persons,” “control” means ownership of at least 50% of an entity’s ownership interests, the ability to direct the vote of at least 50% of the total voting power of that entity’s ownership interests, or the ability to appoint 50% or more of that entity’s board of directors if it is a corporation or association, managers it is a limited liability company, or such other comparable organizational leadership if it is a different type of entity.
11. Limited License
You shall not copy, create derivative works from, display, distribute, download, modify, publish, store, transmit, commercially exploit, or otherwise use the Website or any audio recordings, images, information, videos, or other content available on it (collectively with the Website, “Website Content”) without the Company’s written permission.
(a) you may print one copy of each generally accessible page of the Website for your own personal or educational use;
(b) you may have your computing device temporarily store copies of the Website Content in your device’s RAM as necessary for you to use the Website Content;
(c) you may have your web browser automatically cache the Website Content to enhance your experience using the Website; and
(d) you may display on one or more monitors, screens, or other digital displays for only your viewing of the Website Content to which the Company grants you access.
• modify or delete any notice of any copyright, trademark, or other proprietary rights notices on the Website Content;
• use the Website Content to associate yourself or another person with any of the Company’s products, services, or brands or suggest you or another person are an affiliate of the Company, except as permitted in an affiliate agreement entered between you and the Company;
• resell or commercially exploit the Website Content;
• use any product listing, description, or price listed on the Website for a purpose other than to make a purchasing decision with respect to that listed product or refer the product to someone else to potentially purchase from the Company;
• make any derivative works from the Website Content, such as your own videos or images using Website Content;
• download or copy account information for the benefit of anyone else; or
• use bots, data mining software, or similar data gathering and extraction tools on the Website.
If the Company grants you access to Website Content because you purchased a service from the Company, your use of that Website Content is subject to the Company’s Terms of Service, including any license granted under those Terms of Service.
If you copy, excerpt, modify, or make derivative works from the Website Content in a manner that would constitute fair use, you must prominently and in close proximity to your use of the Website Content give proper attribution to the Company as the source of the Website Content and provide a link to the Website in accordance with section “Linking to the Website.”
If you want to commercially exploit or otherwise use the Website or Website Content other than that set out in this section, you may submit a request to [email@example.com. The Company is not obligated to grant or respond to such a request.
12. Linking to the Website
You may link to any page of the Website that is readily available to the public located at [http://www.barzilaiconsulting.com if you comply with the following conditions:
(a) you link in a way that is not false, misleading, derogatory, or offensive with respect to the Company, any Related Person, or any of the Company’s or its Related Person’s respective products, services, brands, or Representatives;
(b) you will not cause Website Content to be displayed in a way that makes Website Content appear to be a part of another website, such as by use of framing, deep linking, or in-line linking;
(c) you will not, without the Company’s written permission, suggest that you are associated with the Company or that the Company approved or endorsed the link;
“Representative” means, with respect to an entity at the time of determination, any of that entity’s agents, advisors, coaches, consultants, employees, directors, officers, principals, and other representatives.
The Company might, on one or more occasions, provide on the Website social media features that enable you to:
• link to Website Content from your own or another person’s or entity’s website;
• cause parts of the Website Content to display on your own or another person’s or entity’s website; or
• send emails, messages, or other communications containing or linking to certain Website Content.
The Company may, without notice to you, withdraw any linking permission granted in this section. The Company may disable one or more links and social media features at any time without notice to you or anyone else.
13. Social Media
You may use any social media features the Company enables on the Website or any social media platforms the Company makes accessible to the general public. (See also section “Linking to the Website”.)
Your participation on social media platforms is subject to the terms set forth by those platforms and any other company that provides a platform on which the Company hosts or maintains an interactive forum or event. You acknowledge that the Company is not affiliated with the company’s hosting platforms, but is only a user like you. The Company will not be liable to you for any losses, expenses, or other harm resulting from any action or inaction taken by any Platform.
14. User-provided Content
The Company might, on one or more occasions, permit you and other Website users to display, post, share, transmit or otherwise provide information and content ("User Content") using comment sections, forms, message boards, profiles, and other interactive features available on or through the Website.
Before providing User Content by using an interactive feature on the Website, you shall make reasonable efforts to ensure that –
• you own or control all rights in that User Content and have the right to grant the license granted under this to the Company, its vendors, and its other service providers; and
You are responsible for any User Content you provide, and you (not the Company) have full responsibility for such content, including its accuracy, appropriateness, and legality.
The Company will not be liable to you or anyone else for any damage, infringement, loss, or violation of law arising from User Content provided by you or someone else.
No User Content will be considered confidential or proprietary. Do not post User Content that you want to be treated as confidential or nonpublic.
Except as provided otherwise in a written agreement between you and the Company, the Company may revoke at any time, with or without notice to you, any permission that the Company grants you to provide User Content on or through Website.
15. Prohibited Actions and Statements
You acknowledge that the Company, in furtherance of its mission and financial interests, desires to establish and maintain an online community that is loving, respectful, supportive, and law-abiding. You further acknowledge that, in support of that community, the Company desires that all User Content inspire, inform, or otherwise help other Website Users with respect to its mission to be both useful and helpful to others.
(e) interferes with the Website;
(f) commercially exploitative; or
Unlawful. An action or statement will be considered unlawful if it –
• promotes discrimination based on age, disability, gender, nationality, race, religion, sex, or sexual orientation;
• is abusive, harassing, hateful, hurtful, or violent, or promotes actions or statements that are such;
• exposes, or is intended or could be reasonably expected to expose minors to adult content, ask them for personally identifiable information, or otherwise harm or exploit minors; or
• otherwise violates or promotes violating a law or regulation.
Harmful. An action or statement will be considered harmful if it –
• actually does or is reasonably expected to violate a publicity right, privacy right, intellectual privacy right, or other right of another person or entity;
• is intended or reasonably expected to cause needless alarm, anxiety, embarrassment or panic to another person;
• is condescending, defamatory, demeaning, derogatory, libelous, slanderous, or otherwise disparaging;
• actually does or could be reasonably expected to subject the Company, its Related Persons, or Website users to liability of any kind, including civil or criminal; or
• is otherwise intended or could be reasonably expected to harm the Company, its Related Persons, Website users, or any other person.
Objectionable. An action or statement will be considered objectionable if it –
• is intended or could be reasonably expected to annoy, inconvenience, or upset another person without a reasonable justification for taking the action or making the statement;
• is indecent, inflammatory, obscene, or could be reasonably expected to be offensive to the average Website user, or
• contains or promotes sexually explicit or pornographic material.
Deceptive. An action or statement will be considered deceptive if it –
• is intended to cause another person to believe you are the Company, another user, or any other person but yourself;
• misrepresents your identity or affiliation with the Company or any other person;
• gives the false impression that the action or statement originated from or is endorsed by the Company or another person; or
• whether by affirmative statement or omission, conveys information that you at the time knew, recklessly disregarded, or should have known is false or misleading with respect to a nontrivial fact.
Interference with the Website. An action or statement will be considered to interfere with the Website if it –
• is intended or could be reasonably expected to limit or prevent another person’s use of the Website, including their ability to participate in forums, live events, or interactive features the Company makes available through the Website;
• is intended or could be reasonably expected to make you appear to the Company or its software to be a different Website User or person;
• is intended or could be reasonably expected to subject the Website, any server hosting it, or any device of the Company or Website user to any virus, malicious code, or other harmful technology;
• is in furtherance of accessing the Website, any part of it, any server hosting it, or any device or software connected to it in any way other than as authorized by the Company;
• is in furtherance of accessing without appropriate permission an account that the Company assigned to another person to access the Website, any part of it, or interactive features on the Website;
• is in furtherance of accessing the Website using any bot, web crawler, or other automated process, except such an action or statement will not be considered to interfere with the Website if it is in furtherance of including the Website in one or more search engines or to otherwise direct potential customers to the Website;
• is made as part of or in furtherance of a manual process undertaken on a systematic or periodic basis to crawl the Website or copy any Website Content; or
• otherwise involves use of or interaction with the Website in any way that might impair or overburden the Website or the servers hosting it, or circumvent controls, limitations, or monitoring put in place by the Company.
Commercially exploitative. An action or statement will be considered commercially exploitative if both (a) the action is taken or statement is made without the Company’s prior written permission, and (b) any of the following apply to the action or statement:
• it is in furtherance of advertising, bartering, marketing, promoting, or selling the events, giveaways, goods, services, or special promotions of anyone other than the Company;
• it is a communication with any other users of the Website for your own or someone else’s (other than the Company’s) commercial purpose; or
• it is in furtherance of the commercial activities of anyone or any entity other than the Company.
16. Monitoring and Enforcement
The Company, its Related Persons, and each of the Company’s and its Related Person’s Representatives, as a matter of right, may take one or more of the following actions:
• refuse to post, remove, or take other action with respect to any User Content as the Company determines is necessary or appropriate without needing to provide any reason to you;
• cooperate with any person or entity who claims that your User Content violates their intellectual property, privacy, publicity or other rights, including disclosing to such a person or entity your identity or other information about you][ if such person serves the Company with a subpoena, court order, or similar mandate;
• cooperate or communicate with any court, law enforcement officer, or other government officials with respect to possible illegal or unauthorized use of the Website, including disclosing to such government officials your identity or other information about you; and
You agree the Company, its Related Persons, and each of the Company’s and its Related Person’s Representatives will not be liable to you for taking one or more of the forgoing actions.
17. Copyright Fair Use
The Company provides content on the Website for educational and informational purposes.
To the extent copyrighted content is used on the Website, the Company has purchased, used with permission, credited and linked back to the original source, believes the content is public domain, or believes the use is fair use.
The Copyright Act of 1976 (“Copyright Act”) governs copyrights in the United States. Section 107 of the Copyright Act permits “fair use” of copyrighted content for the purpose of criticism, comment, news reporting, teaching, scholarship, and research. A use of copyrighted content that is “fair use” will not be infringement under the Copyright Act. You can learn more about fair use at https://www.copyright.gov/fair-use/more-info.html.
18. Links to Websites Operated by Other People
19. Statements by Others
This Website might contain statements by guest speakers, Website users, and other persons or entities who are not the Company. Each such statement is the sole opinion and the responsibility of the person or entity providing it and does not necessarily reflect the opinion of the Company. The Company is not responsible or liable to you or any other person or entity for the statements provided by others.
20. Updating Website Content
The Company may update Website on one or more occasions. You acknowledge that although the Company may do so, any of the Website Content might be out of date at any given time. The Company is not obligated to update the Website Content or otherwise keep it up to date.
THE FOLLOWING DISCLAIMERS APPLY TO YOUR USE OF THE WEBSITE, EXCEPT TO THE EXTENT THE DISCLAIMERS ARE PROHIBITED BY LAW OR SUPERSEDED BY A SEPARATE AGREEMENT BETWEEN YOU AND THE COMPANY:
All Information Is “As Is”
EXCEPT AS PROVIDED IN THE COMPANY’S TERMS OF SERVICE WHEN IT APPLIES, THE COMPANY PROVIDES ALL INFORMATION ON THE WEBSITE “AS IS,” AND MAKES NO CLAIMS OR PROMISES (EXPRESS OR IMPLIED) REGARDING THE WEBSITE OR ITS CONTENT’S ACCURACY, CURRENTNESS, COMPLETENESS, EFFICACY, LEGALITY, QUALITY, OR RELIABILITY. THE COMPANY ASSUMES NO RESPONSIBILITY OR LIABILITY FOR ANY ERRORS OR OMISSIONS IN, OR THE RESULTS FROM YOUR USE OF, THE WEBSITE OR ITS CONTENT. YOU USE THE WEBSITE AND ITS CONTENT AT YOUR OWN RISK.
The Company Is Not Providing Professional Services
THE SERVICE PROVIDER IS NOT ACTING AS A LAWYER, CERTIFIED PUBLIC ACCOUNTANT, CERTIFIED FINANCIAL ADVISOR, MEDICAL DOCTOR, LICENSED PHYSICIAN, NURSE, REGISTERED DIETICIAN OR REGISTERED DIETITIAN NUTRITIONIST, PSYCHOLOGIST, CLINICAL SOCIAL WORKER, LICENSED MARRIAGE AND FAMILY THERAPIST" AND OTHER HEALTH PROFESSIONALS WHOSE SCOPE OR WORK MAY SEEM RELATED TO WHAT YOU DO, OR OTHER PROFESSIONAL LICENSED BY THE STATE OF MASSACHUSETTS OR ANY OTHER STATE (COLLECTIVELY, "PROFESSIONALS"). THE COMPANY DOES NOT PROVIDE ANY LEGAL, ACCOUNTING, TAX, OR FINANCIAL, HEALING ARTS OR "MEDICAL, NUTRITIONAL, OR PSYCHOLOGICAL ADVICE OR SERVICES ON THIS WEBSITE OR OTHERWISE. THE COMPANY ENCOURAGES YOU TO RETAIN THE SERVICES OF A LICENSED PROFESSIONAL TO ANSWER YOUR SPECIFIC QUESTIONS OR ASSIST YOU WITH YOUR SPECIFIC MATTER, WHICH MAY INVOLVE A COMBINATION OF SPECIAL CIRCUMSTANCES UNIQUE TO YOU.
There Is No Privilege Protecting Our Communications
No Promised Outcome
THE COMPANY MAKES NO GUARANTEES, PROMISES, OR PROJECTIONS ABOUT ANY OUTCOME FROM YOUR USE OF THE WEBSITE OR ANY INFORMATION OR OTHER CONTENT PROVIDED ON IT. YOUR RESULTS MAY VARY FROM THE RESULTS OBTAINED BY ANYONE ELSE, INCLUDING ANY PERSON WHO HAS PROVIDED USER CONTENT OR PROVIDED A TESTIMONIAL ABOUT THE COMPANY’S PRODUCTS AND SERVICES.
22. Limitations on Remedies and Liability
Liability Limited to Amount You Paid
Applicable Law Exception
23. Compliance with Local Laws
The Company makes no claims that the Website or any of its content is accessible or appropriate outside of the United States. To the extent you are not located in the United States at the time you access the Website, you acknowledge you access the Website by your own choice and you agree you are responsible to comply with all the laws of the country and local governments in which you are located.
25. Arbitration and Dispute Resolution
Negotiation and Mediation
Subject to the other provisions of this section 27, as the exclusive means of initiating adversarial proceedings to resolve any Dispute, a party may demand that the Dispute be resolved by arbitration administered by the American Arbitration Association in accordance with its commercial arbitration rules, and each party hereby consents to any such Dispute being so resolved. The arbitration will occur on an individual basis before a panel of one arbitrator sitting in Middlesex County, Massachusetts. Judgment on any award rendered in any such arbitration will be binding and may be entered in any court having jurisdiction.
Intellectual Property Exception
A party may seek from a court having jurisdiction an injunction to enjoin infringement or other misuse of that party’s intellectual property rights.
26. Miscellaneous Provisions
Waiver and Severability
(a) that each such unenforceable provision will be modified to the minimal extent necessary to make it enforceable or, if that modification is not permitted by law, each such provision will be disregarded;
(b) that any such unenforceable provision will remain in effect as written in any circumstances except those in which the provision is held to be unenforceable; and
The parties want this agreement to be interpreted in accordance with A Manual of Style for Contract Drafting, Fourth Edition.
The following documents comprise part of these terms of service:
• the Community Standards, and
These terms of service (including the documents listed above) constitute the entire understanding between the parties regarding the Website Content, your use of the Website, and other subject matter of the terms of service.
27. Electronic Communications
By browsing the Website, using its interactive features, emailing the Company, or otherwise communicating with the Company electronically, you agree to receive notices posted on the Website, email, and other electronic communications from the Company. You also agree that each agreement, disclosure, notice, and other communication that the Company provides you electronically satisfies each legal obligation (if any) to provide that communication in writing.
28. Communicating with Us
Any notice of copyright infringement claims should be sent to the copyright agent in accordance with “Reporting Copyright Infringement.”
All other communications with respect to the Website must be directed to the Company as follows:
Via email to firstname.lastname@example.org
Via regular mail:
Healthspan Coaching LLC
177 Huntington Ave Ste 1703
Boston, Massachusetts 02115