TERMS OF USE AGREEMENT
1. USER AGREEMENT: By accessing, using, and continuing use of SARGA BODYWORK's website at www.SargaBodywork.com (hereby referred to as “the Site”), you (the “User”) are unconditionally agreeing to the terms and conditions set forth below (collectively referred to as the “User Agreement”). If the User disagrees with any of the terms and conditions below and does not want to strictly abide by the terms and conditions of this User Agreement, then the User must immediately stop use of the Site or any activities relating to or derived from the Site.
2. LICENSE TO USE, SCOPE, AND RESTRICTIONS: By use of the Site, the User is granted a limited, nonexclusive, revocable license to access and make a personal, non-commercial use of the Site for: educational purposes, purchasing media and other products, searching for SARGA BODYWORK course information, or contacting SARGA BODYWORK with inquiries related to our products and services. SARGA BODYWORK may unilaterally, fully or partially, suspend or revoke this license at any time for any reason it sees fit or if this User Agreement is violated. The following describes the licenses provided for each function:
3. WEBSITE INTELLECTUAL PROPERTY: All trademarks on the Site are trademarks of SARGA BODYWORK which are reserved. The trademarks and other intellectual property of SARGA BODYWORK may not be used without prior written consent of SARGA BODYWORK. Notwithstanding, no SARGA BODYWORK trademark, patent, or copyright may be used in connection with any product or service that is not legally associated with SARGA BODYWORK, or not authorized by SARGA BODYWORK. The User acknowledges, covenants and agrees that SARGA BODYWORK contains intellectual property rights in all data, information, photographs, computer code, typefaces, graphics, music, sounds, styles and other such proprietary information. The User acknowledges that such content is protected by copyrights, trademarks, trade secrets, or other proprietary rights when used in any form, media, and technology existing now or to be used in the future.
4. CAREGIVER-PATIENT RELATIONSHIP: None of the communications on this website from SARGA BODYWORK, its therapists, third party therapists, or third party recommended material/postings, and the like shall constitute a caregiver-patient relationship at any time. Even if detailed advice is given to the User, this shall not constitute a caregiver-patient relationship and none of the responsibilities that usually follow from the establishment of this relationship shall follow past such communication until there is formal face-to-face care provided.
5. DISCLAIMERS AND LIMITATION OF LIABILITY: 5.1 Disclaimer specific to products and merchandise sold by SARGA BODYWORK: SARGA BODYWORK disclaims any and all liability arising from the sale of products through the Site, but provides a limited warranty that if a product is defective, it will be replaced if SARGA BODYWORK is notified within 30 days of the date of purchase. If there is evidence of extreme or destructive treatment of such product(s), SARGA BODYWORK reserves the right to refuse such replacement. User understands and agrees that it is ultimately up to the User to evaluate the products and merchandise sold through the Site. 5.2 Disclaimer specific to information provided by the Site and informational media sold by the Site: SARGA BODYWORK disclaims any liability from the information provided by the Site and informational media sold by the Site. This includes, but is not limited to, the misapplication of ideas or techniques from these informational resources in a way that harms individuals, or the independent actions or omissions of therapists and instructors certified by SARGA BODYWORK. It is up to the User to use his/her own common sense and judgement in determining which sources are best for the User by evaluating the specific effectiveness and character of a therapist certified or endorsed by SARGA BODYWORK.
6. GENERAL DISCLAIMER: In addition to the Disclaimers and Limitations of Liability listed above, this Section provides a more general disclaimer that applies for all activities related to this Site: 6.1 The User's use of the Site is at User's sole risk. The Site is provided on an "as is" and "as available" basis. SARGA BODYWORK makes no warranty and disclaims liability that (I) The Site, the products and merchandise sold on the Site, the information provided by the Site, informational media sold by the Site, and the individuals and instructors certified or endorsed by the Site will meet the User's requirements, (II) The Site will be uninterrupted, timely, secure, or error free, (III) That the User will achieve the same results from ideas or techniques described on this website or from ideas or techniques described or presented on media sold on this website, as every person is different mentally and physically, and (IV) The quality of any services, information, or other content obtained by the User through SARGA BODYWORK will meet the User's expectations. 6.2 The User expressly understands and agrees that SARGA BODYWORK shall not be liable for any direct, indirect, incidental, special, consequential or exemplary damages, including but not limited to, damages for loss of profits, goodwill, data, or other intangible losses (even if SARGA BODYWORK has been advised of the possibility of such damages), resulting from: (I) the use or the inability to use the Site, (II) Unauthorized access to or alteration of User's transmissions or data, (III) Any other matter relating to the Site. Any content downloaded or otherwise obtained through the use of the Site is done at User's own discretion and risk and that User will be solely responsible for any damage to User's computer system or loss of data that results from the download of any such content. No advice or information, whether oral or written, obtained by User from SARGA BODYWORK or through or from the Site shall create any warranty not expressly stated in the terms and conditions of this user agreement.
7. RELEASE: The User hereby remises, releases, and forever discharges SARGA BODYWORK and their past, present, and future officers, directors, attorneys, agents, servants, representatives, instructors, employees, successors and assigns, and all of their heirs, executors, and administrators, of and from all manner of actions and causes of action, charges, complaints, suits, debts, dues, sums of money, accounts, reckonings, bonds, bills, specialties, controversies, obligations, claims, contracts, representations, agreements, damages, demands, covenants, fees (specifically including attorney's fees) costs, expenses (“Losses”), of every kind, civil or criminal, legal and equitable, known and unknown, foreseen and unforeseen, because of or arising from any act, omission or deed taken, done or occurring, directly or indirectly, resulting from or attributable to the User's use of the Site or Losses caused by other Users. Further, the User covenants and/or agrees that this Release applies in states that have statutes, such as California, Cal.Civ.Code§1542, that states "a general release does not extend to claims which the creditor does not know or suspect to exist in his favor at the time of executing the release, which if known by him must have materially affected his settlement with the debtor."
8. INDEMNIFICATION: User hereby agrees to indemnify and hold harmless SARGA BODYWORK, its shareholders, directors, officers, employees, agents, representatives, successors and assigns and all of their heirs, executors and administrators (each an “Indemnified Party”) from and against any and all claims, charges, actions, demands, losses, costs, expenses, liabilities (joint or several), penalties, and damages of every kind and description, including reasonable attorneys’ fees and costs incurred by an Indemnified Party resulting from or attributable to any and all acts or omissions of the User's use of the Site.
9. ARBITRATION: In the event an arbitration or emergency action is brought by any party under this Agreement to enforce any of its terms, it is agreed that the non-prevailing party shall bear the cost and expense of such proceeding and the prevailing party shall be entitled to reasonable attorneys’ fees and costs to be fixed by the arbitrator and/or court and shall be set forth in the award.
10. SEVERABILITY: Any provision of this User Agreement, which is prohibited or unenforceable in any jurisdiction shall, as to such jurisdiction, be ineffective to the extent of such prohibition or unenforceability without invalidating the remaining provisions hereof. Any such prohibition or unenforceability in any jurisdiction shall not invalidate or render unenforceable such provision in any other jurisdiction.
11. ENTIRE AGREEMENT: This User Agreement constitutes the entire agreement with respect to the subject matter hereof and supersedes all prior and contemporaneous agreements and understandings, inducements or conditions, expressed or implied, oral, written or otherwise, except as set forth herein. The express terms of this User Agreement control and supersede any course of performance or usage of trade inconsistent with any of the terms hereof.
12. WAIVER: SARGA BODYWORK's failure to exercise any right or provision of the terms and conditions of this User Agreement shall not constitute a waiver of such right or provision. If a court of competent jurisdiction holds any provision of these Terms and Conditions to be invalid, the parties nevertheless agree that the court should endeavor to give effect to the parties’ intentions as reflected in the provision, and agree that the other provisions of the terms and conditions remain in full force and effect.
13. HEADINGS: The headings appearing in this User Agreement are inserted only as a matter of convenience and in no way define, limit, construe or describe the scope or intent of the terms and conditions nor in any way affect these terms and conditions.
14. MODIFICATION: The User acknowledges and agrees that this User Agreement may be unilaterally changed or replaced at SARGA BODYWORK's discretion at anytime. Any modification or replacement agreement will be effective as to the exact time it was posted on SARGA BODYWORK's servers.
Questions or comments? Contact us at Sarga@SargaBodywork.com
2. LICENSE TO USE, SCOPE, AND RESTRICTIONS: By use of the Site, the User is granted a limited, nonexclusive, revocable license to access and make a personal, non-commercial use of the Site for: educational purposes, purchasing media and other products, searching for SARGA BODYWORK course information, or contacting SARGA BODYWORK with inquiries related to our products and services. SARGA BODYWORK may unilaterally, fully or partially, suspend or revoke this license at any time for any reason it sees fit or if this User Agreement is violated. The following describes the licenses provided for each function:
3. WEBSITE INTELLECTUAL PROPERTY: All trademarks on the Site are trademarks of SARGA BODYWORK which are reserved. The trademarks and other intellectual property of SARGA BODYWORK may not be used without prior written consent of SARGA BODYWORK. Notwithstanding, no SARGA BODYWORK trademark, patent, or copyright may be used in connection with any product or service that is not legally associated with SARGA BODYWORK, or not authorized by SARGA BODYWORK. The User acknowledges, covenants and agrees that SARGA BODYWORK contains intellectual property rights in all data, information, photographs, computer code, typefaces, graphics, music, sounds, styles and other such proprietary information. The User acknowledges that such content is protected by copyrights, trademarks, trade secrets, or other proprietary rights when used in any form, media, and technology existing now or to be used in the future.
4. CAREGIVER-PATIENT RELATIONSHIP: None of the communications on this website from SARGA BODYWORK, its therapists, third party therapists, or third party recommended material/postings, and the like shall constitute a caregiver-patient relationship at any time. Even if detailed advice is given to the User, this shall not constitute a caregiver-patient relationship and none of the responsibilities that usually follow from the establishment of this relationship shall follow past such communication until there is formal face-to-face care provided.
5. DISCLAIMERS AND LIMITATION OF LIABILITY: 5.1 Disclaimer specific to products and merchandise sold by SARGA BODYWORK: SARGA BODYWORK disclaims any and all liability arising from the sale of products through the Site, but provides a limited warranty that if a product is defective, it will be replaced if SARGA BODYWORK is notified within 30 days of the date of purchase. If there is evidence of extreme or destructive treatment of such product(s), SARGA BODYWORK reserves the right to refuse such replacement. User understands and agrees that it is ultimately up to the User to evaluate the products and merchandise sold through the Site. 5.2 Disclaimer specific to information provided by the Site and informational media sold by the Site: SARGA BODYWORK disclaims any liability from the information provided by the Site and informational media sold by the Site. This includes, but is not limited to, the misapplication of ideas or techniques from these informational resources in a way that harms individuals, or the independent actions or omissions of therapists and instructors certified by SARGA BODYWORK. It is up to the User to use his/her own common sense and judgement in determining which sources are best for the User by evaluating the specific effectiveness and character of a therapist certified or endorsed by SARGA BODYWORK.
6. GENERAL DISCLAIMER: In addition to the Disclaimers and Limitations of Liability listed above, this Section provides a more general disclaimer that applies for all activities related to this Site: 6.1 The User's use of the Site is at User's sole risk. The Site is provided on an "as is" and "as available" basis. SARGA BODYWORK makes no warranty and disclaims liability that (I) The Site, the products and merchandise sold on the Site, the information provided by the Site, informational media sold by the Site, and the individuals and instructors certified or endorsed by the Site will meet the User's requirements, (II) The Site will be uninterrupted, timely, secure, or error free, (III) That the User will achieve the same results from ideas or techniques described on this website or from ideas or techniques described or presented on media sold on this website, as every person is different mentally and physically, and (IV) The quality of any services, information, or other content obtained by the User through SARGA BODYWORK will meet the User's expectations. 6.2 The User expressly understands and agrees that SARGA BODYWORK shall not be liable for any direct, indirect, incidental, special, consequential or exemplary damages, including but not limited to, damages for loss of profits, goodwill, data, or other intangible losses (even if SARGA BODYWORK has been advised of the possibility of such damages), resulting from: (I) the use or the inability to use the Site, (II) Unauthorized access to or alteration of User's transmissions or data, (III) Any other matter relating to the Site. Any content downloaded or otherwise obtained through the use of the Site is done at User's own discretion and risk and that User will be solely responsible for any damage to User's computer system or loss of data that results from the download of any such content. No advice or information, whether oral or written, obtained by User from SARGA BODYWORK or through or from the Site shall create any warranty not expressly stated in the terms and conditions of this user agreement.
7. RELEASE: The User hereby remises, releases, and forever discharges SARGA BODYWORK and their past, present, and future officers, directors, attorneys, agents, servants, representatives, instructors, employees, successors and assigns, and all of their heirs, executors, and administrators, of and from all manner of actions and causes of action, charges, complaints, suits, debts, dues, sums of money, accounts, reckonings, bonds, bills, specialties, controversies, obligations, claims, contracts, representations, agreements, damages, demands, covenants, fees (specifically including attorney's fees) costs, expenses (“Losses”), of every kind, civil or criminal, legal and equitable, known and unknown, foreseen and unforeseen, because of or arising from any act, omission or deed taken, done or occurring, directly or indirectly, resulting from or attributable to the User's use of the Site or Losses caused by other Users. Further, the User covenants and/or agrees that this Release applies in states that have statutes, such as California, Cal.Civ.Code§1542, that states "a general release does not extend to claims which the creditor does not know or suspect to exist in his favor at the time of executing the release, which if known by him must have materially affected his settlement with the debtor."
8. INDEMNIFICATION: User hereby agrees to indemnify and hold harmless SARGA BODYWORK, its shareholders, directors, officers, employees, agents, representatives, successors and assigns and all of their heirs, executors and administrators (each an “Indemnified Party”) from and against any and all claims, charges, actions, demands, losses, costs, expenses, liabilities (joint or several), penalties, and damages of every kind and description, including reasonable attorneys’ fees and costs incurred by an Indemnified Party resulting from or attributable to any and all acts or omissions of the User's use of the Site.
9. ARBITRATION: In the event an arbitration or emergency action is brought by any party under this Agreement to enforce any of its terms, it is agreed that the non-prevailing party shall bear the cost and expense of such proceeding and the prevailing party shall be entitled to reasonable attorneys’ fees and costs to be fixed by the arbitrator and/or court and shall be set forth in the award.
10. SEVERABILITY: Any provision of this User Agreement, which is prohibited or unenforceable in any jurisdiction shall, as to such jurisdiction, be ineffective to the extent of such prohibition or unenforceability without invalidating the remaining provisions hereof. Any such prohibition or unenforceability in any jurisdiction shall not invalidate or render unenforceable such provision in any other jurisdiction.
11. ENTIRE AGREEMENT: This User Agreement constitutes the entire agreement with respect to the subject matter hereof and supersedes all prior and contemporaneous agreements and understandings, inducements or conditions, expressed or implied, oral, written or otherwise, except as set forth herein. The express terms of this User Agreement control and supersede any course of performance or usage of trade inconsistent with any of the terms hereof.
12. WAIVER: SARGA BODYWORK's failure to exercise any right or provision of the terms and conditions of this User Agreement shall not constitute a waiver of such right or provision. If a court of competent jurisdiction holds any provision of these Terms and Conditions to be invalid, the parties nevertheless agree that the court should endeavor to give effect to the parties’ intentions as reflected in the provision, and agree that the other provisions of the terms and conditions remain in full force and effect.
13. HEADINGS: The headings appearing in this User Agreement are inserted only as a matter of convenience and in no way define, limit, construe or describe the scope or intent of the terms and conditions nor in any way affect these terms and conditions.
14. MODIFICATION: The User acknowledges and agrees that this User Agreement may be unilaterally changed or replaced at SARGA BODYWORK's discretion at anytime. Any modification or replacement agreement will be effective as to the exact time it was posted on SARGA BODYWORK's servers.
Questions or comments? Contact us at Sarga@SargaBodywork.com
