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TERMS & CONDITIONS

We want to thank you for using LARASAH!

LARASAH offers our customers services, content and digital tools and a community to work on stress and burnout reduction. LARASAH provides value through our consulting services and stress reduction content and tools through websites, a journal, webinars, social media, members areas, community sites, and digital tools and the entire selection of services and tools offered to our audience are described in our “Work with Us” page. The website www.larasah.com, is owned by LARASAH, a California Limited Liability Corporation (hereinafter “we” “us”).

 

This Terms of Services Agreement (this “Agreement”) contains the terms under which LARASAH provides our Services to you and describes how the Services may be accessed and used. 

You must read, agree, and accept all terms and conditions contained in this Agreement and expressly referenced in this Agreement, including our Privacy Policy, before you subscribe for our Services.

If you will be using the Services on behalf of an entity or other organization, you agree to these Terms on behalf of that entity or organization and you represent that you have such authority. “You” and “your” will refer to that entity or organization.

When you subscribe to our Services, or otherwise use or access the Services, you agree to be bound by these Terms and applicable laws, rules, and regulations.  You may be asked to click “I accept” at the appropriate place prior to your purchase of or access to our Services.  At such time, if you do not click “I accept”, you may not be able to complete your purchase or access our Services.  If you do not agree to these Terms, please do not use our Services in any way.

LARASAH is not an accredited educational institution or marketplace or SAAS company.  Our users, customers and partners are not our employees.  We are not responsible for any interactions between you and our customers, students, subscribers or users (collectively, “End-Users”), other than providing the Services for you to interact with our company.  We are in no way liable for any disputes, claims, losses, injuries, or damage of any kind that may arise out of your relationship with End-Users, including any End-Users reliance upon any information or content that you provide or post on our platform.

1. Fees and Payments


1.1. Fees for our Services. You agree to pay LARASAH any fees for each Services you purchase or use in accordance with the pricing and payment terms presented to you for that Services. Where applicable, you will be billed using the billing method you select through your account management page. If you have elected to pay the fees by credit card, you represent and warrant that the credit card information you provide is correct and you will promptly notify LARASAH of any changes to such information. Fees paid by you are non-refundable, except as provided in these Terms, described upon checkout or when required by law. Included in your fee may be technical support in respect of the Services and it is only provided to LARASAH customers. LARASAH's support agents are not trained in psychological, therapeutic or technical support and LARASAH accepts no responsibility to provide such support.

1.2. Subscriptions.  Some of our Services are billed on a subscription basis (“Subscriptions”). This means that you will be billed in advance on a recurring, periodic basis (each period is called a “billing cycle”). Billing cycles are typically monthly or annual, depending on what subscription plan you select when purchasing a Subscription. Payment will be charged to your chosen payment method at confirmation of purchase and at the start of every new billing cycle.  Your Subscription will automatically renew at the end of each billing cycle unless you cancel your account through contacting us at contact@LARASAH.com to cancel, or if available via your online account management page or in the app where applicable, prior to the end of the billing cycle. While we will never want to lose a customer, you may cancel auto-renewal on your Subscription at any time by contacting us at contact@LARASAH.com if you are unable to do so on some of our Platforms, in which case your Subscription will continue until the end of that billing cycle before terminating. You may cancel auto-renewal on your Subscription immediately after the Subscription starts if you do not want it to renew.

If you initially sign up for a plan that includes a free or discounted trial period, and you do not cancel that account before the stated trial period expires, you will be automatically billed for the full price of the plan starting on the day the trial period ends. If you cancel prior to the processing of your first invoice following the trial period, you will not be charged.

We, through our third-party providers (LARASAH and Stripe) will keep your detailed payment information, such as non-sensitive credit card partial numbers and expiration date, on file. We do not access this information, except through provided programmatic methods by the provider(s). You are responsible for keeping your payment details up-to-date by changing the details in your account settings. When your details change or are due to expire, we may obtain or receive from your payment provider updated payment details, including your card number, expiration date, and CVV (or equivalent).  This enables us to provide you access to the Services.  You authorize us to continue to charge your credit card using the updated information.  If a payment is not successfully authorized due to expiration, insufficient funds, or otherwise, we may suspend or terminate your Services or subscription until applicable changes have occurred.  You also agree that we may charge you via your payment method on file if you elect to restart your subscription.

Any change (including any upgrade, downgrade or other modification) to any plan by you in a trial period will end the trial immediately.  You will be billed for your first term period (i.e. the first annual or monthly period) immediately upon upgrading. For any upgrade or downgrade in plan level after any trial period, your credit, debit, or other payment card will automatically be charged the new rate on your next billing cycle. You will be billed immediately for the prorated difference for the current billing cycle for any upgrade to any higher priced plan during that billing cycle. If a plan downgrade causes a credit to your account, this credit will be used toward your next billing cycle(s). This credit will not be refunded.

1.3. Taxes.  Our prices listed do not include any taxes, levies, duties or similar governmental assessments of any nature such as value-added, sales, use, or withholding taxes, assessable by any jurisdiction (collectively, “Taxes”) unless otherwise indicated. You are responsible for paying Taxes associated with your purchase and keeping your billing information up to date.

(a)  United States Sales Tax. If we have a legal obligation to pay or collect sales tax for which you are responsible, we will calculate the sales tax based upon the billing information we have about you and charge you that amount (which, if your billing information is incomplete or inaccurate, may be the highest prevailing rate then in effect), unless you provide us with a valid tax exemption certificate acceptable to the appropriate taxing authority.

If you provide us with a tax exemption certificate, you represent and warrant that it accurately reflects your tax status and that you will keep such document current and accurate.

If we subsequently determine in our sole discretion that your tax exemption document is valid, we will refund the sales tax collected.

(b) Non-United States Sales Tax. If applicable, we will charge you VAT, GST, or any other sales, consumption or use taxes that arise in connection with your purchases of our Services unless you provide us with a tax identification number that entitles you to an exemption, a valid tax exemption certificate or other documentary proof issued by an appropriate taxing authority that tax should not be charged. If you are located in a jurisdiction with multiple sales, consumption, or use taxes, we may charge you the highest prevailing rate if your billing information is incomplete or inaccurate.

If you are required by law to withhold any Taxes from your payments to LARASAH, you must provide LARASAH with an official tax receipt or other appropriate documentation to support such payments.

1.4. Price Changes.  LARASAH may change the fees charged to you for the Services at any time, provided that, for Services billed on a subscription basis, the change will become effective only at the end of the then-current billing cycle of your Subscription. LARASAH will provide you with advance notice of any change in fees and you will have the opportunity to cancel your Subscription as set forth in Section 1.2.

 

2. Copyright and claims

 

2.1. Copyright and claims for Intellectual Property Infringement.  LARASAH fully respects the intellectual property rights of others and we expect our users to do the same. 

The contents of our Services, as well as any of our content on our affiliated Sites, are protected by copyright and trademark laws, and are the property of their owners. You may not repost or resale any of our content without permission, as it is our protected or proprietary content and assets. Unless otherwise noted, you may access and use the information and materials from the Services for your personal use only. You may not sell, change, modify, delete, display, transmit, adapt, exploit, train from, or copy for distribution any information, material, trademarks, content, or copyright featured in the Services, or any of our affiliated sites, apps, partners, or platforms. You must obtain written permission from us or any other entity who owns intellectual property on our Services before you may publish, distribute, display, or commercially exploit any material, and if you do not gain our written permission, you may be held liable for significant damages. By using the Services, you agree to these restrictions and to abide by all copyright notices.

 

3. Privacy


3.1. Privacy.  While using the Services, you may submit Content to LARASAH (including your personal data and the personal data of others) or third parties may submit Content to you through the Services. We know that your Content is very important to you and by giving us your Content, you are trusting us to treat it appropriately. LARASAH’s Privacy Policy explains how we treat your Content and we agree to adhere to our  Privacy Policy. You also agree that LARASAH may use and share your Content in accordance with the  Privacy Policy and applicable data protection laws. By using the Services, you acknowledge and agree that LARASAH’s collection, usage, and disclosure of your personal information is governed by our  Privacy Policy.   
 

3.3. Confidentiality.  LARASAH will treat your Content as confidential information and only use and disclose it in accordance with the Terms (including the  Privacy Policy). However, your Content is not regarded as confidential information if such Content: (a) is or becomes public (other than through our breach of the Terms); (b) was lawfully known to LARASAH before receiving it from you; (c) is received by LARASAH from a third party without our knowledge of breach of any obligation owed to you; (d) was independently developed by LARASAH without reference to your Content; or (e) posted by you on any of our sites knowing that others could see your Content. LARASAH may disclose your Content when required by law or legal process, but only after we, if permitted by law, use commercially reasonable efforts to notify you to give you the opportunity to challenge the requirement to disclose. 

  

4. LARASAH's Intellectual Property


4.1.  Services License.  Neither the Terms nor your use of the Services grants you ownership in the Services or any content you access through the Services (other than your Content). The Terms also do not grant you any right to use LARASAH’s trademarks or other brand elements.  We or our licensors own all right, title, and interest in and to the Services, and all related technology and intellectual property rights. Subject to the Terms, we grant you a limited, revocable, non-exclusive, non-sublicensable, non-transferrable license to access and use the Services solely in accordance with the Terms. Except as provided in this Section 4.1, you obtain no rights from us, our affiliates, or our licensors to the Services, including any related intellectual property rights. 

  

4.2.  License Restrictions.  You may not use the Services in any manner or for any purpose other than as expressly permitted by the Terms. You will not, or will not attempt to (a) modify, distribute, alter, tamper with, repair, or otherwise create derivative works of any Services or any of our tools or proprietary processes; (c) access or use the Services in a way intended to avoid incurring fees or exceeding usage limits or quotas; (d) resell or sublicense the Services; or (e) you shall not use any manual or automated software, devices or other processes (including but not limited to spiders, robots, scrapers, crawlers, avatars, data mining tools or the like) to “scrape” or download data from any apps, sites or tools associated with the Services (except that we grant the operators of public search engines revocable permission to use spiders to copy materials from the Website for the sole purpose of and solely to the extent necessary for creating publicly available searchable indices of the materials, but not caches or archives of such materials).

 

5. User Content

5.1. User Content.  The Services may display content provided by others that LARASAH does not own. Such content is the sole responsibility of the entity that makes it available. Additionally, as stated in Section 2.1, you are responsible for your own Content and you must ensure that you have all the rights and permissions needed to use that Content in connection with the Services. LARASAH is not responsible for any actions you take with respect to your Content, including sharing it publicly. Please do not use any Content from or on our Services unless you have first obtained the permission of its owner or are otherwise authorized by law to do so.

  
 

6. Account Management

6.1. Keep Your Password Secure.  If LARASAH has issued an account to you in connection with your use of the Services, you are responsible for safeguarding your password and any other credentials used to access that account. You, and not LARASAH, are responsible for any activity occurring in your account, whether or not you authorized that activity. If you become aware of any unauthorized access to your account, you should notify LARASAH immediately at contact@LARASAH.com. Accounts may not be shared and may only be used by one individual or organization per account as purchased.

 

6.2. Keep Your Details Accurate.  LARASAH occasionally sends notices to the email address registered with your account. You must keep your email address and, where applicable, your contact details and payment details associated with your account current and accurate.

 


7. User Requirements

7.1. Legal Status.  If you are an individual, you may only use the Services if you have the power to form a contract with LARASAH. If you do not have the power to form a contract, you may not use the Services. If you are not an individual, you warrant that you are validly formed and existing under the laws of your jurisdiction of formation, that you have full power and authority to enter into these Terms, and that you have duly authorized your agent to bind you to these Terms 

 

7.2. Minors. “Minors” are individuals under the age of 18 (or a higher age as provided in certain countries and territories). The Services is not intended for use by Minors without supervision of or recommendation by their caregiver. Services is not directed at children under the age of 16 and LARASAH does not knowingly collect personal information from children. In your use of the Services, it is your sole responsibility to comply with all applicable laws relating to the privacy rights of children, including the Children’s Online Privacy Protection Rule (COPPA). 

 

7.3  Compliance with Laws.  You must always use the Services in compliance with, and only as permitted by, applicable laws.  LARASAH is not Health Insurance Portability and Accountability Act (HIPAA) compliant and currently we have no plans to become so.  Accordingly, you may not use the Services to collect, store, or process any protected health information subject to HIPAA, any applicable health privacy regulation, or any other applicable law governing the processing, use, or disclosure of health information. Any information provided by LARASAH in content, help articles, examples, or the like are provided for informational purposes only and are provided without any warranty, express or implied, including as to their legal effect and completeness. LARASAH cannot provide you with any therapeutic, financial or legal advice and encourages you to consult with professionals of your own selection and at your own expense.  

 

8. Acceptable Uses

 

You are responsible for your conduct, Content, and communications with others while using the Services. You must comply with the following requirements when using the Services. If we become aware of any conduct or Content that falls outside the bounds of what is acceptable under this policy, we will take all appropriate action, including removing it and reporting it, as well as suspending or terminating your account. We also take steps to prevent uses of our Services that are contrary to the spirit of this policy.
 

1.     You may not use the Services to commit an unlawful activity; use the Services for activities where use or failure of the Services could lead to physical damage, death, mental harm, or personal injury.

2.     You may not purchase, use, or access the Services for the purpose of building a Services or service that is competitive to LARASAH or for any other competitive purposes.

3.     You may not misuse our Services by interfering with their normal operation or attempting to access them using a method other than through the interfaces and instructions that we provide.

4.     You may not circumvent or attempt to circumvent any limitations that LARASAH imposes on your account (such as by opening up a new account to create or distribute Content that we have closed for a violation of our terms or policies).

5.     You may not deny others access to, or reverse engineer, the Services, or assist anyone else to do so, to the extent such restriction is permitted by law.

6.     You may not store or transmit any viruses, malware, or other types of malicious software, or links to such software, through the Services.

7.     You may not use the Services to infringe the intellectual property rights of others.

8.     Unless authorized by LARASAH in writing, you may not resell or lease the Services.

9.     If your use of the Services requires you to comply with industry-specific regulations applicable to such use, you will be solely responsible for such compliance, unless LARASAH has agreed with you in writing otherwise. You may not use the Services in a way that would subject LARASAH to those industry-specific regulations without obtaining LARASAH’s prior written agreement. 

10.  You may not post or upload any Content that contains personally identifiable information, sensitive personal information, or confidential information, such as credit card numbers, confidential national ID numbers, or account passwords, unless you have consent from the person to whom the information belongs or who is otherwise authorized to provide such consent.  You may not use the Services to collect, store, or process any protected health information subject to the Health Insurance Portability and Accountability Act (HIPAA), any applicable health privacy regulation, or any other applicable law governing the processing, use, or disclosure of health information. 

11.  You may not register accounts by “bots” or other automated methods.

12.  You may not engage in abusive or excessive usage of the Services, which is usage significantly in excess of average usage patterns that adversely affects the speed, responsiveness, stability, availability, or functionality of the Services for other users. LARASAH will endeavor to notify you of any abusive or excessive usage to provide you with an opportunity to reduce such usage to a level acceptable to LARASAH.

13.  To the extent that you use the Services to record or monitor calls or other communications, failing to comply with all applicable laws related thereto, including securing any required prior consents.

14.  We will suspend any use of the Services that come to our attention that: (a) attempts to collect social security numbers, credit card numbers (other than solely for collecting payment through an authorized payment processor as permitted by the Services), passwords, or other similar types of sensitive information; (b) publishes a person’s sensitive identifying information against their wishes; (c) is intended to deceive or mislead recipients, including by linking to websites with malicious software such as malware; or (d) knowingly and artificially boosts or inflates a website or webpage’s search engine ranking.

15.  You may not impersonate others when using the Services or collecting information. We don’t like username extortionists. If you create or purchase a LARASAH account in someone else’s name and then try to sell that account to them, you are cybersquatting. Cybersquatting accounts are subject to immediate cancelation.

16.  We remove content and may report information related to that content to law enforcement authorities if we become aware of, or believe that, a genuine risk of harm or threat to public safety exists. Our Services may not be used to directly or indirectly threaten or attack others, or to organize or incite violence, harassment, or property damage. Our Services may not be used for hate speech, or to promote or fund such acts. Examples of hate speech include attacking or advocating for the abuse or exclusion of people based on their ethnicity, national origin, political or religious affiliations, gender, sexual orientation, genetic predisposition, disability, medical or physical condition, veteran status, or any other protected classes under applicable law.

17.  Our Services may not be used to promote or glorify self-harm.

18.  LARASAH is committed to inclusion. We are an equal opportunity organization and will not allow discrimination based upon race, color, religion, national origin or citizenship status, sex, gender identity or expression, pregnancy, sexual orientation, age, size, disability, military status, socioeconomic background, or any other status prohibited by applicable law. If you use our Services, you must be willing and able to attest that you do not discriminate on any of the above grounds in order to receive services from us. External evidence, such as negative publicity or social media, that reveals such discrimination, hate speech, or disrespectful or bullying behavior, as determined by us in our sole discretion, may be taken into consideration. We reserve the right to refuse service to anyone for any reason at any time.

19.  You may not offer goods or services, or post or upload Content, that contravene or that facilitate or promote activities that contravene the laws of the jurisdiction in which you operate or do business. 

20.  You may not offer goods or services, or post or upload Content, that imply or promote support or funding of, or membership in, a terrorist organization.

21.  You may not offer goods or services, or post or upload Content that exploit or abuse children, including but not limited to images or depictions of child abuse or sexual abuse, or that present children in a sexual manner, or asking for personally identifiable information.

22.  You may not offer goods or services, or post or upload Content that is defamatory, obscene, indecent, offensive, abusive, or otherwise objectionable.  You may not include pornographic or gratuitously graphic violent material.

23.  We require that all our users respect the intellectual property rights of others. You must have the appropriate rights to any Content you use or include through the use of our Services.

 

We may, at any time and without notice, remove any Content and suspend or terminate your account or access to our Services if you engage in any of the activities that violate the policies herein, including activities outside of your use of the Services.

We have the right, but not the obligation, to monitor or investigate any Content and your use of the Services at any time for compliance with these terms or any other agreement between you, LARASAH or related parties governing your use of the Services.  Our determination of whether a violation of any of these terms has occurred will be final and binding and any action taken with respect to enforcing this policy or any other terms, including taking now action at all, will be at our sole discretion.

 

 

9. Suspension and Termination of Services
 

9.1. By You.  You can terminate your Subscription and delete your account at any time through your account management page if applicable on any given platform, or you can do so by writing us at contact@LARASAH.com. Such termination and deletion will result in the deactivation or disablement of your account and access to it, and the deletion of content you collected through use of the Services. Terminations are confirmed immediately and you will not be charged again for that Subscription unless you purchase a new one. If you terminate a Subscription in the middle of a billing cycle, you will not receive a refund unless you are terminating these Terms for any of the following reasons: (a) we have materially breached these Terms and failed to cure that breach within 30 days after you have so notified us in writing; (b) a refund is required by law; or (c) we, in our sole discretion, determine a refund is appropriate. For clarity, we will not grant a refund where you have used our Services, unless the termination is due to our material, uncured breach or a refund is required by law.

 

9.2. By LARASAH.  LARASAH may terminate your Subscription for any reason at the end of a billing cycle by providing at least 30 days’ prior written notice to you and you will not be charged for the next billing cycle. LARASAH may terminate your Subscription for any reason by providing at least 90 days’ written notice to you and will provide a pro rata refund for any period of time you did not use in that billing cycle. LARASAH may immediately suspend performance or terminate your Subscription if you have materially breached these Terms, in our sole discretion, and failed to cure that breach within 30 days after we have notified you in writing of such breach. Additionally, LARASAH may immediately limit, suspend, or terminate the Services to you: (i) if, in our sole discretion, you fail to comply with these Terms; (ii) if, in our sole discretion, you use the Services in a way that causes legal liability to us or disrupts others’ use of the Services; or (iii) we are investigating suspected misconduct by you. Also, if we limit, suspend, or terminate the Services you receive, depending upon the reason, we will endeavor to give you advance notice and an opportunity to obtain a copy of your Content from that Service. However, there may be time sensitive situations where LARASAH may decide that we need to take immediate action without notice. LARASAH will use commercially reasonable efforts to narrow the scope and duration of any limitation or suspension under this Section as is needed to resolve the issue that prompted such action. LARASAH has no obligation to retain your Content upon termination of the applicable Service.

 

9.3. Further Measures.  If LARASAH stops providing the Services to you because you repeatedly or egregiously breach these Terms, LARASAH may take measures to prevent your further use of the Services, including blocking your IP address.

 

10. Changes and Updates

 
10.1. Changes to Terms.  You acknowledge and agree that LARASAH may change these Terms at any time for a variety of reasons, such as to reflect changes in applicable law or updates to Services, and to account for new Services or functionality. The most current version will always be posted on our website in our Legal and Policy center. If an amendment is material, as determined in LARASAH’s sole discretion, we may notify you by email and/or posting it to our website or upon your login to your account. Changes will be effective no sooner than the day they are publicly posted, and apply to all access to and use of the Services thereafter. However, any changes to the dispute resolution provisions will not apply to any disputes for which the parties have actual notice before the date the change is posted.  If you do not want to agree to any changes made to the Terms, you should stop using the Services, because by continuing to use the Services you indicate your agreement to be bound by the updated terms.

 

10.2. Changes to the Services and Services.  We are continually changing and improving our Services. LARASAH may add, alter, or remove functionality from a Service it provides to you at any time without prior notice. LARASAH may also limit, suspend, or discontinue a Service provided to you at our discretion. If we discontinue a Service, we will give you reasonable advance notice to provide you with an opportunity to obtain a copy of your Content from that Service. LARASAH may remove content from the Services it provides you at any time in our sole discretion, although we will endeavor to notify you before we do that if it materially impacts you and if practicable under the circumstances. 


10.3. Downgrades.  Downgrading your account plan may cause the loss of content, features, functionality, or capacity of your account.

 

11. Disclaimers and Limitations of Liability

 
11.1. Disclaimers.  While LARASAH strives to provide you with a great experience when using the Services (and we love to please our customers), there are certain things we do not promise about our Services. We try to keep our Services up, but they may be unavailable from time to time for various reasons. From time to time, LARASAH may offer new services, “beta” features or tools with which its users may experiment. Such features or tools are offered solely for experimental purposes and without any warranty of any kind, and may be modified or discontinued at our sole discretion. 

 

EXCEPT AS EXPRESSLY PROVIDED IN THESE TERMS AND TO THE EXTENT PERMITTED BY APPLICABLE LAW, THE SERVICES AND ANY INFORMATION, GUIDANCE, TOOLS, OR RECOMMENDATIONS THEREIN ARE PROVIDED “AS IS” AND LARASAH DOES NOT MAKE WARRANTIES OF ANY KIND, EXPRESS, IMPLIED, OR STATUTORY, INCLUDING THOSE OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, AND NON-INFRINGEMENT OR ANY REPRESENTATIONS REGARDING AVAILABILITY, RELIABILITY, OR ACCURACY OF THE SERVICES.

 

 

11.2. Exclusion of Certain Liability.  TO THE EXTENT PERMITTED BY APPLICABLE LAW, LARASAH, ITS AFFILIATES, OFFICERS, EMPLOYEES, AGENTS, SUPPLIERS, AND LICENSORS WILL NOT BE LIABLE FOR (A) ANY INDIRECT, CONSEQUENTIAL, SPECIAL, INCIDENTAL, PUNITIVE, OR EXEMPLARY DAMAGES WHATSOEVER, OR (B) LOSS OF USE, DATA, BUSINESS, REVENUES, OR PROFITS (IN EACH CASE WHETHER DIRECT OR INDIRECT), ARISING OUT OF OR IN CONNECTION WITH THE SERVICES AND THESE TERMS, AND WHETHER BASED ON CONTRACT, TORT, STRICT LIABILITY, OR ANY OTHER LEGAL THEORY, EVEN IF LARASAH HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES AND EVEN IF A REMEDY FAILS OF ITS ESSENTIAL PURPOSE.

  

11.3. Limitation of Liability.  TO THE EXTENT PERMITTED BY APPLICABLE LAW, THE AGGREGATE LIABILITY OF EACH OF LARASAH, ITS AFFILIATES, OFFICERS, EMPLOYEES, AGENTS, SUPPLIERS, AND LICENSORS ARISING OUT OF OR IN CONNECTION WITH THE SERVICES AND THESE TERMS WILL NOT EXCEED THE AMOUNT YOU PAID TO LARASAH FOR USE OF THE SERVICES AT ISSUE DURING THE 12 MONTHS PRIOR TO THE EVENT GIVING RISE TO THE LIABILITY.

 

 

11.4. Consumers.  We acknowledge that the laws of certain jurisdictions provide legal rights to consumers that may not be overridden by contract or waived by those consumers. If you are such a consumer, nothing in these Terms limits any of those consumer rights.

 

12. Indemnification

12.1.  General.  You agree that you are solely and exclusively responsible for the entirety of your Content and your interactions with all LARASAH users.  To the fullest extent permitted by law, you will indemnify and hold harmless LARASAH and its affiliates, officers, agents, licensors,  providers, and employees from all liabilities, damages, and costs (including settlement costs and reasonable attorneys’ fees) arising out of a third party claim regarding or in connection with (a) your or related parties use of the Services; (b) breach of these Terms or violation of applicable law by you, your users, or your Content, websites, mobile applications, or business; or (c) a dispute between you and any third party.

 

You are solely responsible for your communications and interactions with other users of LARASAH Services, including on our community sites, and you understand that LARASAH does not attempt to screen, verify or represent any post by other users on our platforms. 

You agree that the information contained in or made available through the Services (including but not limited to information contained on videos, blogs, message boards, in text files, or in chats) cannot replace or substitute for the services of trained professionals in any field, including, but not limited to, medical, psychological, therapeutic, or legal matters. In particular, you should regularly consult a doctor in all matters relating to physical or mental health, particularly concerning any symptoms that may require diagnosis or medical attention. We make no representations or warranties concerning any treatment, action, or application of medication or preparation by any person following the information offered or provided within or through the Services. Neither we or our affiliates, nor our partners or any of their affiliates, will be liable for any direct, indirect, consequential, special, exemplary or any other damages that may result, including but not limited to economic loss, injury, illness or death. You alone are responsible and accountable for your decisions, actions and results in life, and by your use of the Services, you agree not to attempt to hold us liable for any such decisions, actions or results, at any time, under any circumstance.

 

12.2.  Intellectual Property.  You will defend LARASAH and its affiliates, officers, agents, licensors, and employees from all liabilities, damages, and costs (including settlement costs and reasonable attorneys’ fees) arising out of a third party claim alleging that any of your Content infringes or misappropriates that third party’s intellectual property rights, and will pay the amount of any adverse final judgment or settlement.

 

12.3.  Process.  We will (a) endeavor to give you prompt written notice of the claim; (b) permit you to control the defense and settlement of the claim; and (c) reasonably cooperate with you in the defense and settlement of the claim. In no event will you agree to any settlement of any claim that requires a commitment by us, without our written consent.

 

 

13. Resolving Disputes; Governing Law 

 

13.1.  Resolving Disputes.  If you have a concern, we want to first try to address it without needing a formal legal case. Before filing a claim against LARASAH, you agree to try to resolve the dispute informally by contacting lpm@LARASAH.com. We’ll try to resolve the dispute informally by contacting you via email. If a dispute is not resolved within 15 days of submission, or another duration LARASAH determines, you or LARASAH may bring a formal proceeding.

 

13.2.  Judicial Forum for Disputes. You and LARASAH agree that any judicial proceeding to resolve claims relating to these Terms or the Services will be brought in California, subject to the mandatory arbitration provisions below. Both you and LARASAH consent to venue and personal jurisdiction in such courts. If you reside in a country (for example, a member state of the European Union) with laws that give consumers the right to bring disputes in their local courts, this paragraph doesn’t affect those requirements.

Dispute Resolution.   Any disputes based upon or arising out of the engagement, this Agreement, and/or the performance or failure to perform services shall be subject to a Court Trial by a Judge without a jury, to be held in Marin County, California.  As a practical matter, by agreeing to a Court Trial, all parties are waiving a jury trial.  In the event that any dispute between the parties hereto in connection with the terms, conditions, or performance of this Agreement should result in litigation (or arbitration), the prevailing party in any such dispute shall be entitled to recover, from the other party, all reasonable attorneys’ fees, costs, and expenses in enforcing any rights of the prevailing party.

  

NO CLASS ACTIONS.  You may only resolve disputes with us on an individual basis, and may not bring a claim as a plaintiff or a class member in a class, consolidated, or representative action. Class arbitrations, class actions, private attorney general actions, and consolidation with other arbitrations aren’t allowed. If this specific paragraph is held unenforceable, then the entirety of this “Mandatory Arbitration Provisions” section will be deemed void.

 

13.3.  Governing Law.  These Terms, will be governed by U.S. law except for its conflicts of laws principles. However, some countries (including those in the European Union) have laws that require agreements to be governed by the local laws of the consumer's country. This paragraph doesn’t override those laws.

 

14. Other Terms

14.1.  Assignment.  You may not assign these Terms or your rights to use our Services without LARASAH’s prior written consent, which may be withheld in our sole discretion. LARASAH may assign these Terms at any time without notice to you.

 

14.2. Entire Agreement.  These Terms, and any other policy located in our Legal and Policy Center constitute the entire agreement between you and LARASAH, and they supersede any other prior or contemporaneous agreements, terms and conditions, written or oral concerning its subject matter. 

14.3. Interpretation.  The use of the terms “includes”, “including”, “such as”, and similar terms, will be deemed not to limit what else might be included.

 

14.4. No Waiver.  A party’s failure or delay to enforce a provision under these Terms is not a waiver of its right to do so later.

 

14.5. Severability.  If any provision of these Terms is determined to be unenforceable by a court of competent jurisdiction, that provision will be severed and the remainder of terms will remain in full effect.

 

14.6. Survival.  The following sections will survive the termination of these Terms: 1, 3, 12, 13, 14, and 15.‍
 

‍14.7. Language. These Terms are prepared and written in English. To the extent that any translated version conflicts with the English version, the English version controls, except where prohibited by applicable law.

 

Contact: Email contact@larasah.com.

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