Last updated: February 6, 2022
1. Terms and Conditions.
1.1. General. The following Terms and Conditions, and any documents referred to herein (collectively the "Agreement") govern the Services (as defined below) and Content (as defined below) provided by CYL (as hereinafter defined) to You (as defined below). The Services and Content may be provided or may be accessible via multiple online websites or applications including, without limitation, the Website (as defined below), Facebook (whether private or public group), and/or any other third-party video conferencing platform (collectively, the “Platform”), whether owned and/or operated by CYL or by any third-party. The website charisyourlife.com and CYL’s related apps (collectively, the “Website”) are owned and operated by CYL.
1.2. Parties.
1.2.1. CYL. When the terms "we", "us", "our" or similar are used herein, they refer to Charis Your Life, LLC, a Delaware limited liability company and/or any legal entity that provides the Services or Content ("CYL").
1.2.2. You. When the terms “you”, “your”, “user”, or similar are used herein, they refer to the individual or entity receiving the Services or accessing the Content through the Platform.
1.2.3. Agreement. By receiving the Services or accessing the Content through the Platform or accessing the Website, you are entering into this Agreement and you agree to be bound by, and to comply with the terms hereof. You should read this Agreement carefully before receiving the Services or accessing the Content through the Platform. If you do not agree with these terms or do not wish to be bound hereby, you must not receive the Services or access or use the Content through the Platform.
2. Certain Definitions.
“Content” collectively means any and all deliverables provided to you through your use of the Platform, whether or not in connection with your receipt of any such Services, and include, without limitation, videos, audios, transcripts, worksheets, workbooks, and/or study aids, etc. Content may also include, without limitation, any pre-recorded (audio or video) Services or Online Events.
“Online Event” means any Services provided to you by a Trainer through the Platform.
“Services” means one-on-one or group education and/or life training provided to you by a Trainer (as defined herein) through the Platform The Services include certain services provided to you through the Platform by any third-party not affiliated with CYL including, without limitation, yoga, sound healing, and card readings provided through the Platform (the “Third-Party Services”).
“Third-Party Trainer” means the representative not affiliated with CYL providing the Third-Party Services through the Platform.
“Trainer” means the representative of CYL providing the Services through the Platform.
3. Privacy and Security.
3.1. Privacy Policy. Protecting and safeguarding any information you provide to CYL through the Platform is extremely important to us. Information about our security and privacy practices including, without limitation, the types of information CYL collects and how CYL processes information, can be found on our Privacy Policy available at https://www.charisyourlife.com/privacy-policy (the “Privacy Policy”).
3.2. Incorporation by Reference. BY AGREEING HERETO AND/OR BY USING THE PLATFORM (INCLUDING THE WEBSITE), YOU ARE ALSO AGREEING TO THE TERMS OF THE PRIVACY POLICY. THE PRIVACY POLICY IS INCORPORATED INTO AND DEEMED A PART HEREOF BY THIS REFERENCE. THE SAME RULES THAT APPLY REGARDING CHANGES AND REVISIONS HEREOF ALSO APPLY TO CHANGES AND REVISIONS OF THE PRIVACY POLICY.
4. Content; Third Party Content.
4.1. Content. You agree not to share any Content with any third parties whom did not purchase such Content. You agree not to distribute, duplicate, use for public display, or sell access to any such Content with any third parties whom did not purchase such Content. Where applicable, the Content is meant for informational purposes only. The Content is not intended as medical, legal, commercial, financial, tax, or other professional advice. Use of the Content is at your own risk and shall be for your own personal, non-commercial use. For purposes of this Section, Content shall include any video or voice recordings of any Services provided during an Online Event.
4.2. Third Party Content. The Platform may contain other content, products or services which are offered or provided by third parties ("Third Party Content"), links to Third Party Content (including, without limitation, links to other websites) or advertisements which are related to Third Party Content. You agree to access and use any Third Party Content at your own risk. CYL has no responsibility for the creation of any such Third Party Content including, without limitation, related products, practices, terms or policies, and CYL shall not be liable for any damage or loss caused by any Third Party Content. You acknowledge that Third Party Content may collect personal information about you, and any personal information you disclose or submit to a third-party shall not be under CYL’s control. CYL assumes no responsibility or liability for the privacy and information collection policies of third parties operating any Third Party Content and we suggest contacting the providers of those sites directly for information on their privacy policies. For purposes of this Section, Third Party Content shall include the Third-Party Services provided during an Online Event.
5. Disclaimers; Limitation of Liability.
5.1. Release of CYL. YOU HEREBY RELEASE CYL AND AGREE TO HOLD CYL HARMLESS FROM ANY AND ALL CAUSES OF ACTION AND CLAIMS OF ANY NATURE RESULTING FROM THE SERVICES OR CONTENT PROVIDED THROUGH THE PLATFORM INCLUDING, WITHOUT LIMITATION, ANY ACT, OMISSION, OPINION, RESPONSE, ADVICE, SUGGESTION, INFORMATION AND/OR SERVICE OF ANY TRAINER AND/OR ANY OTHER CONTENT OR INFORMATION ACCESSIBLE THROUGH THE PLATFORM.
5.2. Warranty. YOU UNDERSTAND, AGREE AND ACKNOWLEDGE THAT SERVICES AND CONTENT PROVIDED THROUGH THE PLATFORM IS PROVIDED "AS IS" WITHOUT ANY EXPRESS OR IMPLIED WARRANTIES OF ANY KIND INCLUDING, WITHOUT LIMITATION, MERCHANTABILITY, NON-INFRINGEMENT, SECURITY, FITNESS FOR A PARTICULAR PURPOSE OR ACCURACY. THE USE OF THE SERVICES AND/OR CONTENT PROVIDED THROUGH THE PLATFORM IS AT YOUR OWN RISK. TO THE FULLEST EXTENT OF THE LAW, CYL EXPRESSLY DISCLAIMS ALL WARRANTIES OF ANY KIND, WHETHER EXPRESSED OR IMPLIED.
5.3. Total Liability. YOU UNDERSTAND, AGREE AND ACKNOWLEDGE THAT CYL’S AGGREGATE LIABILITY FOR DAMAGES ARISING WITH RESPECT HERETO AND ANY AND ALL USE SERVICES AND/OR CONTENT PROVIDED THROUGH THE PLATFORM shall NOT EXCEED THE TOTAL AMOUNT OF MONEY PAID BY YOU TO CYL IN THE 90 DAY PERIOD PRIOR TO THE DATE OF THE CLAIM. YOU UNDERSTAND, AGREE AND ACKNOWLEDGE THAT CYL SHALL NOT BE LIABLE TO YOU OR TO ANY THIRD PARTY FOR ANY INDIRECT, INCIDENTAL, CONSEQUENTIAL, SPECIAL, PUNITIVE OR EXEMPLARY DAMAGES. TO THE EXTENT THAT ANY OF THE EXCLUSIONS OR LIMITATIONS OF LIABILITY SET FORTH IN THIS SECTION ARE UNENFORCEABLE UNDER THE APPLICABLE LAW, EACH SHALL BE DEEMED TO BE MODIFIED AND CONSTRUED AS LIMITATIONS ON LIABILITY LIMITING OUR LIABILITY TO YOU TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW.
5.4. Services Disclaimer.
5.4.1. Indemnification. You acknowledge that our Services may be photographed, videotaped, livestreamed, and/or otherwise recorded by CYL. By participating in such Services sponsored by CYL, you hereby grant CYL the right to use any photograph/video/audio captured at that event for marketing or for any purpose CYL deems appropriate. You understand that if you don’t want to be recorded or photographed, you must avoid appearing on camera or speaking.
5.4.2. Personally Identifiable Information. You agree not to post, on social media or otherwise, any screenshots of the Services that contain any personally identifying information of other participants.
5.4.3. Services Indemnification. By participating in any such Services, you hereby agree to release, defend, hold harmless and indemnify CYL from any and all claims involving the use of your picture, likeness, or voice that CYL captured in the event recordings.
5.5. Survival. THIS SECTION 5 SHALL SURVIVE ANY TERMINATION OR EXPIRATION HEREOF.
6. Representations; Conduct and Commitments.
6.1. Competence. You hereby confirm that you are legally able to consent to receive Services, or have the consent of a parent or guardian, and that you are legally able to enter into an agreement.
6.2. Accuracy of Disclosures. You hereby confirm and agree that all of the information that you provided in or through the Platform, and the information that you shall provide in or through the Platform in the future, is accurate, true, current and complete. You agree that during the term hereof you shall maintain and update this information so it is accurate, current and complete.
6.3. Confidentiality and Account Access. You agree, confirm and acknowledge that you shall maintain the confidentiality of your password and any other security information related to your account (collectively "Account Access"). CYL advises you to change your password frequently and to use best efforts to safeguard your password.
6.4. Unauthorized Use. You agree to notify CYL immediately of any unauthorized use of your Account Access or any other concern regarding the breach of your account security. You agree, confirm and acknowledge that CYL shall not be liable for any loss or damage that you incur as a result of someone else using your account, either with or without your consent and/or knowledge. You agree, confirm and acknowledge that you are solely and fully liable and responsible for all activities performed using your Account Access. You further acknowledge and agree that CYL shall hold you liable and responsible for any damage or loss incurred as a result of the use of your Account Access by any person whether authorized by you or not, and you agree to indemnify CYL for any such damage or loss.
6.5. Unauthorized Use of Account of Others. You agree and commit not to use the account or Account Access of any other person for any reason.
6.6. Personal Use. You agree and confirm that your use of the Services and Content through the Platform are for your own personal use only and that you are not using the Services and Content through the Platform for or behalf of any other person or organization.
6.7. Interference of Systems/Services. You agree and commit not to interfere with or disrupt, or attempt to interfere with or disrupt, any of our systems, services, servers, networks or infrastructure, or any of the Platform's systems, services, servers, networks or infrastructure, including, without limitation, obtaining unauthorized access to any of the aforementioned.
6.8. Third-Party Interference. You agree and commit not to make any use of the Services and Content through the Platform for the posting, sending or delivering of either of the following: (a) unsolicited email and/or advertisement or promotion of goods and services; (b) malicious software or code; (c) unlawful, harassing, privacy invading, abusive, threatening, vulgar, obscene, racist or potentially harmful content; (d) any content that infringes a third party right including intellectual property rights; (e) any content that may cause damage to a third party; (f) any content which may constitute, cause or encourage a criminal action or violate any applicable law.
6.9. Violation of Law. You agree and commit not to violate any applicable local, state, national or international law, statute, ordinance, rule, regulation or ethical code in relation to your use of the Services and Content through the Platform and your relationship with the Trainer and us.
6.10. Proper Examination. If you receive any file from CYL or from a Trainer, you agree to check and scan this file for any virus or malicious software prior to opening or using this file.
7. Indemnification. You agree to defend, indemnify, and hold CYL harmless from and against any and all claims, losses, causes of action, demands, liabilities, costs or expenses including, without limitation, attorneys' fees arising out of or relating to any of the following: (a) your access to or use of the Services and Content through the Platform; (b) any actions made with your account or Account Access whether by you or by someone else; (c) your violation of any of the provisions hereof; (d) non-payment for Account Access or any of the Services; (e) your violation of any third party right including, without limitation, any intellectual property right, publicity, confidentiality, property or privacy right. You agree to cooperate as fully required in defense of any claims and CYL reserves the right to assume the exclusive control of any matter subject to indemnification by you, and you shall not, settle any claim without our prior written consent. This Section shall survive expiration or termination hereof.
8. Intellectual Property.
8.1. Copyright. Unless otherwise noted, all content included on the Platform or this Website, including images, illustrations, designs, icons, photographs, video clips, text and other material, is the property of CYL or its suppliers, licensors, talent, partners or affiliates and is protected by United States and International copyright laws. Any and all content on the Platform or this Website is either the property of CYL or is used by us with the permission of its owner. The compilation of this Platform or this Website is the exclusive property of CYL and is protected by United States and International copyright laws. You agree that you will not take any actions inconsistent with CYL ownership of the Site and its content.
8.2. Trademark. The trademarks, logos, and service marks displayed on the Platform or this Website are owned by CYL and other third parties, and this Platform or Website’s trade dress is owned by CYL. All trademarks not owned by CYL are the property of their respective owners, and, where used by CYL, are used with permission. Nothing contained on the Platform or this Website may be construed as granting, by implication, estoppel, or otherwise, any right or license to use any trademark. CYL’s trademarks and/or trade dress may not be copied, imitated or used, in whole or in part (including use in metatags or in hidden text), without our prior written permission. You agree that you will not take any actions inconsistent with CYL’s ownership of, or any third party’s ownership of, the trademarks and trade dress used on the Platform or this Website.
8.3. Unauthorized Use. Any unauthorized use of any content or materials on the Platform or this Website is strictly prohibited and may violate copyright and trademark laws, and/or the laws of privacy, publicity, and/or communications regulations and statutes.
8.4. Opt-Out. If you voluntarily provide any contact information when using the Platform or this Website, then we may use that information to communicate with you. If you wish to opt-out from receiving e-communications, please email hello@ charisyourlife.com.
9. Payment.
9.1. Payment Means. You confirm and agree to use only credit cards or other payment means (collectively “Payment Means”) which you are duly and fully authorized to use, and that all payment related information that you provided and shall provide in the future, to or through the Platform or otherwise, is accurate, current and correct and shall continue to be accurate, current and correct.
9.2. Timely Payment; Automatic Payment. You agree to pay all fees and charges associated with your account on a timely basis and according to the fees schedule, the terms and the rates as published in the Content or Platform. By providing CYL with your Payment Means you authorize CYL to bill and charge you through that Payment Means and you agree to maintain valid Payment Means information in your account information.
9.3. Refunds. If you have any concerns about a bill or a payment, please contact CYL immediately by sending an email to the email address provided in Section 11. CYL shall evaluate your issue on a case by case basis and, at our discretion, take steps to resolve any issue, including, without limitation, issuing partial or full refunds when applicable.
10. Modifications; Termination; Interruption and Disruptions.
10.1. Modifications/Terminations. You understand, agree and acknowledge that CYL may modify, suspend, disrupt or discontinue the Services or Content provided through the Platform or the Website in each’s entirety, or any part thereof, or the use of the Services or Content provided through the Platform or the Website, whether to all clients or to you specifically, at any time with or without notice to you. You agree and acknowledge that CYL shall not be liable for any of the aforementioned actions or for any losses or damages that are caused by any of the aforementioned actions.
10.2. Interruptions/Disruptions. The Platform depends on various factors such as software, hardware and tools, either our own or those owned and/or operated by our contractors and suppliers. While CYL makes commercially reasonable efforts to ensure the Platform’s reliability and accessibility, you understand and agree that no platform can be 100% reliable and accessible and so CYL cannot guarantee that access to the Platform will be uninterrupted or that it will be accessible, consistent, timely or error-free at all times.
11. Notices. CYL may provide notices or other communications to you regarding this Agreement or any aspect of the Services or Content provided through the Platform by email to the email address that CYL has on record, by regular mail, or by posting it online. The date of receipt shall be deemed the date on which such notice is given. Notices sent to CYL must be delivered by email to hello@ charisyourlife.com.
12. Miscellaneous.
12.1. Training Distinguished from Professional Counseling.
12.1.1. Disclaimer. CYL makes no representations, express or implied, that the Services and/or Content provided through the Platform is a substitute for professional medical counseling and/or clinical diagnosis. CYL hopes that the Services and/or Content provided through the Platform are beneficial to you. However, you understand, agree and acknowledge that they may not be the appropriate solution for everyone’s needs and that they may not be appropriate for every particular situation.
12.1.2. Medical Emergency. IF YOU ARE THINKING ABOUT SUICIDE OR IF YOU ARE CONSIDERING HARMING YOURSELF OR OTHERS OR IF YOU FEEL THAT ANY OTHER PERSON MAY BE IN ANY DANGER OR IF YOU HAVE ANY MEDICAL EMERGENCY, YOU MUST IMMEDIATELY CALL THE EMERGENCY SERVICE NUMBER (911 IN THE US) AND NOTIFY THE RELEVANT AUTHORITIES. SEEK IMMEDIATE IN PERSON ASSISTANCE. THE SERVICES AND/OR CONTENT PROVIDED THROUGH THE PLATFORM ARE NOT DESIGNED FOR USE IN ANY OF THE AFOREMENTIONED CASES AND THE TRAINER CANNOT PROVIDE THE ASSISTANCE REQUIRED IN ANY OF THE AFOREMENTIONED CASES.
12.1.3. Use of Platform. THE SERVICES AND/OR CONTECT PROVIDED THROUGH THE PLATFORM ARE NOT INTENDED FOR THE PROVISION OF CLINICAL DIAGNOSIS REQUIRING AN IN-PERSON EVALUATION AND YOU SHOULD NOT USE THEM IF YOU NEED ANY OFFICIAL DOCUMENTATION OR APPROVALS FOR PURPOSES SUCH AS, WITHOUT LIMITATION, COURT-ORDERED COUNSELING OR EMOTIONAL SERVICE DOG CERTIFICATION. THEY ARE ALSO NOT INTENDED FOR ANY INFORMATION REGARDING WHICH DRUGS OR MEDICAL TREATMENT MAY BE APPROPRIATE FOR YOU, AND YOU SHOULD DISREGARD ANY SUCH ADVICE RECEIVED FROM THE SERVICES OR CONTENT DELIVERED THROUGH THE PLATFORM.
12.1.4. Professional Care. DO NOT DISREGARD, AVOID, OR DELAY IN OBTAINING IN-PERSON CARE FROM YOUR DOCTOR OR OTHER QUALIFIED PROFESSIONAL BECAUSE OF INFORMATION OR ADVICE RECEIVED FROM THE SERVICES OR CONTENT DELIVERED THROUGH THE PLATFORM.
12.1.5. Notice to California Residents. While CYL makes no warranties, express or implied, that the Services and/or Content provided through the Platform is a substitute for professional medical counseling and/or clinical diagnosis, the Board of Behavioral Sciences receives and responds to complaints regarding services provided within the scope of practice of (marriage and family therapists, clinical social workers, or professional clinical counselors). You may contact the board online at www.bbs.ca.gov, or by calling 916.574.7830.
12.2. Venue. This Agreement and our relationship with you shall both be interpreted solely in accordance with the laws of the State of Delaware excluding any rules governing choice of laws.
12.3. Jurisdiction. You irrevocably agree that the exclusive venue for any action or proceeding arising out of relating hereto or our relationship with you, regardless of theory, shall be the U.S. District Court for Delaware, or the state courts located in New Castle County in Delaware. You irrevocably consent to the personal jurisdiction of the aforementioned courts and hereby waive any objection to the exercise of jurisdiction by the aforementioned courts.
12.4. Entire Agreement. THIS AGREEMENT CONSTITUTES THE ENTIRE AGREEMENT BETWEEN YOU AND US. YOU CONFIRM THAT YOU HAVE NOT RELIED UPON ANY PROMISES OR REPRESENTATIONS BY US EXCEPT AS SET FORTH HEREIN.
12.5. Amendments; Modification. CYL may change this Agreement by posting modifications on the Website. Unless otherwise specified by us, all modifications shall be effective upon posting. Therefore, you are encouraged to check the terms hereof frequently. The last update date hereof is posted at the bottom hereof. By using the Platform after the changes become effective, you agree to be bound by such changes hereto. If you do not agree to the changes, you must terminate access to the Platform and participation in the Services.
12.6. Assignment. CYL may freely transfer or assign this Agreement or any of its obligations hereunder.
12.7. Headings. The paragraph headings herein are solely for the sake of convenience and shall not be applied in the interpretation hereof.
12.8. Unenforceability. If any provision hereof is held by a court of competent jurisdiction to be illegal, invalid, unenforceable, or otherwise contrary to law, the remaining provisions hereof shall remain in full force and effect.
