TERMS

Last Updated: January 1, 2020

EMBODYMTHD™ BY SEP AT SEPALAVI.COM (THE “WEBSITE”) IS OWNED BY SEPIDEH (SEP) ALAVI (REFERRED TO AS “WE”, “US”, “OUR”).  THESE TERMS ARE A BINDING CONTRACT THAT GOVERNS USE OF THE WEBSITE AND ANY RELATED PRODUCTS (IF ANY) AND SERVICES MADE AVAILABLE BY MEANS OF THE WEBSITE OR OTHERWISE (COLLECTIVELY, THE “SERVICES”).

BY USING THE WEBSITE AND THE SERVICES, YOU ACKNOWLEDGE AND SIGNIFY THAT YOU HAVE READ, UNDERSTOOD, AND AGREED TO BE BOUND BY THE MOST CURRENT VERSION OF THESE TERMS.

 

1. Acceptance

The Website and the Services are our and our licensor’s property. Each time you access or use any aspect of the Website and the Services, you signify your acceptance and agreement, without limitation or qualification, to be bound by the most current version of these Terms. We may update these Terms at any time, without any prior notice to you by posting on the Website. If you do not agree with these Terms, you may not access or use any aspect of the Website and the Services.

 

2. Permissible Use

You may not use the Website and the Services if you are under the age of majority in the jurisdiction in which you live or if you cannot form legally binding contracts under applicable law. The Website and the Services are made available to you for your lawful, personal, non-commercial use only. That means, all content associated with the Website and the Services (including tools, processes, text, images, videos, designs, presentations, handouts, and trade names) may not be imitated, publicly displayed, mirrored, modified, sold, exploited, or distributed in any way, in whole or in part, for any other purpose whatsoever, without prior written consent. You will also not gain unauthorized access to any part of the Website, the Services, or its content, through any means.

 

3. Ownership Rights

All content associated with the Website and the Services (including tools, processes, text, images, videos, designs, presentations, handouts, and trade names) are owned solely by us and our licensors, and are protected by Canadian and International copyright, trademark and other laws. Any unauthorized use or distribution is prohibited, and we will pursue legal action and full damages if any of these Terms are violated in order to protect these rights. All rights, titles, and interests to and associated with the Website and the Services are reserved.

 

4. Fees

All prices and other amounts appearing on the Website are quoted in Canadian dollars, unless expressly indicated otherwise.  We reserve the right to change prices advertised on the Website at any time.

You agree to pay us any fees for each of the Services you purchase or use in accordance with the pricing and payment terms presented to you for that Service. 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 us of any changes to such information. Fees paid by you are non-refundable, except as described upon checkout or when required by law.

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, weekly, or biweekly 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 your online account management page where applicable, through an app, or by contacting us at [email protected] prior to the end of the billing cycle.

Payments are managed by our third-party provider (PayPal). You are responsible for keeping your payment details up to date by changing the details in your account settings. 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.

 

5. Content Changes

Although we strive to provide reliable and current information on the Website, misprints or other errors may occur.  Accordingly, we reserve the right to change the prices, fees and other charges regarding the Services available through the Website at any time and from time to time without any notice or liability to you or any other person.  If you order a Service for which the price was incorrectly displayed on the Website, we will provide you with a reasonable opportunity to cancel your order.

We 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. We 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 this section.

We may change any of the Services (e.g. events, speakers, packages) listed on the Website without notification.

Any purchase order will be deemed to be accepted only if and when a Website displays an order acceptance notice or we send you a confirmation email accordingly as set out upon purchase.

We reserve the right to cancel or refuse any discount code at any time without notice. If you forget to use a discount code at purchase, we reserve the right to refuse to retroactively apply any discount code.

 

6. Account

If we have 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 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 us immediately at [email protected]. Accounts may not be shared and may only be used by one individual or organization per account as purchased.

 

7. Personal Conduct

You must abide by the rules and guidelines provided from time to time at workshops, for memberships, and otherwise, and respect other participants. Only you have access to registered events and may not transfer your spot. You are not aware of any physical or mental condition that may endanger your health or others as a result of participating. You are responsible for your own personal belongings while stored or used at workshops or otherwise. You understand that results will depend upon several factors and no representations have been made regarding the results you will achieve.

 

8. Professional Advice

The Website, the Services and related social media posts are for informational and educational purposes only for a general audience (not specific advice tailored for a person). The Website and the Services are not intended to be any kind of professional advice (including medical, psychological, financial, therapeutic, or legal) or a replacement of any kind for consulting with the foregoing professionals.

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 AND OUR LICENSORS AND SUPPLIERS 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 WEBSITE. 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 WEBSITE, YOU AGREE NOT TO ATTEMPT TO HOLD US LIABLE FOR ANY SUCH DECISIONS, ACTIONS OR RESULTS, AT ANY TIME, UNDER ANY CIRCUMSTANCE. 

 

9. Feedback

If you give us feedback about the Website or the Services (including any ideas or suggestions for enhancements or improvements), then we may use the feedback in any way and for any purpose without any attribution or contribution to you.

 

10. Linked Sites

For your convenience, the Website and the Services may provide links or references to other Internet sites or resources and businesses operated by other persons (collectively “Linked Sites”). Linked Sites are independent from us and we do not have any responsibility or liability for or control over Linked Sited or their business, goods, or services. Your use of Linked Sites are at your own risk, and you will not make any claim against us arising from the Linked Sites or their business, goods, or services.

 

11. Disclaimer

WE DO NOT ACCEPT ANY LIABILITY FOR YOUR USE OF THE WEBSITE AND THE SERVICES. YOUR USE OF THE WEBSITE AND THE SERVICES ARE AT YOUR OWN RISK. TO THE FULLEST EXTENT PERMITTED BY APPLICABLE LAW, THE WEBSITE AND THE SERVICES ARE PROVIDED “AS IS”, “AS AVAILABLE” AND “WITH ALL FAULTS”, AND WITHOUT ANY REPRESENTATIONS, WARRANTIES, CONDITIONS OR GUARANTEES OF ANY NATURE OR KIND WHATSOEVER, WHETHER EXPRESS, IMPLIED OR STATUTORY, OR ARISING FROM CUSTOM OR TRADE USAGE OR BY ANY COURSE OF DEALING OR COURSE OF PERFORMANCE, INCLUDING ANY REPRESENTATIONS, WARRANTIES, CONDITIONS OR GUARANTEES OF OR RELATING TO ANY OF THE FOLLOWING: ACCURACY, ACCESSIBILITY, AVAILABILITY, COMPLETENESS, DURABILITY, ERRORS, FITNESS FOR A PARTICULAR PURPOSE, MERCHANTABILITY, NON-INFRINGEMENT, LACK OF VIRUSES OR OTHER DISABLING OR HARMFUL CODE, PERFORMANCE, QUALITY, RESULTS, SUITABILITY, SECURITY, TIMELINESS, TITLE, QUIET ENJOYMENT, UNINTERRUPTED SERVICE, OR WORKMANLIKE EFFORT; ALL OF WHICH ARE HEREBY WAIVED BY YOU AND DISCLAIMED BY US TO THE FULLEST EXTENT PERMITTED BY LAW.

 

12. Liability Exclusions/Limitations/Indemnity

TO THE FULLEST EXTENT PERMITTED BY LAW, IN NO EVENT AND UNDER NO CIRCUMSTANCES WILL WE AND OUR LICENSORS AND AFFILIATES BE LIABLE TO YOU OR ANY OTHER PERSON FOR ANY DAMAGE OR LOSS ARISING FROM, CONNECTED WITH, OR RELATING TO THE WEBSITE AND THE SERVICES OR ANY RELATED MATTER. THIS SECTION APPLIES TO LOSS AND DAMAGE HOWEVER CAUSED AND TO LIABILITY UNDER ANY THEORY (INCLUDING CONTRACT, TORT, STATUTE AND STRICT LIABILITY), REGARDLESS OF ANY NEGLIGENCE OR OTHER FAULT OR WRONGDOING (INCLUDING FUNDAMENTAL BREACH OR GROSS NEGLIGENCE) BY US OR ANY PERSON FOR WHOM WE ARE RESPONSIBLE, EVEN IF OTHER REMEDIES ARE NOT AVAILABLE OR DO NOT ADEQUATELY COMPENSATE YOU OR ANY OTHER PERSON FOR THE LOSS AND DAMAGE OR THE STATED REMEDY FAILS OF ITS ESSENTIAL PURPOSE, OR WE KNEW OR SHOULD HAVE KNOWN OF THE POSSIBILITY OF THE LOSS OR DAMAGE BEING INCURRED.

YOU WILL DEFEND, INDEMNIFY AND HOLD US AND OUR LICENSORS AND AFFILIATES HARMLESS FROM AND AGAINST ANY AND ALL LOSSES, DAMAGES, COSTS, EXPENSES, CLAIMS, COMPLAINTS, DEMANDS, ACTIONS, SUITS, PROCEEDINGS, OBLIGATIONS AND LIABILITIES (INCLUDING LEGAL FEES, EXPENSES AND SETTLEMENT PAYMENTS) ARISING FROM, CONNECTED WITH OR RELATING TO YOUR USE OF THE WEBSITE AND THE SERVICES (INCLUDING YOUR COMMENTS OR POSTING OF MATERIALS, ATTENDANCE AS ANY EVENTS, PROPERTY DAMAGE, OR INJURY TO ANOTHER PARTICIPANT) OR ANY NEGLIGENCE, MISCONDUCT, OR BREACH OF THESE TERMS.

 

13. Changes/Termination of Use

If you breach these Terms, you may no longer use the Website and the Services. Notwithstanding any other provision of these Terms, we may in our discretion and for our sole convenience: (a) change, discontinue, modify, restrict, suspend or terminate the Website, the Services or any of its content (including workshops and memberships) at any time without any notice or liability to you or any other person; and (b) immediately suspend or terminate your permission to access and use the Website and the Services at any time without any notice or liability to you or any other person. If your permission to use the Website and the Services are terminated for any reason, then these Terms will nevertheless continue to apply and be binding upon you in respect of your prior use of the Website and the Services.

 

14. Other Terms and Conditions

Additional terms and conditions and policies (collectively, the “Other Terms and Conditions”) may apply to purchases of the Services through the Website and to specific portions or features. The Other Terms and Conditions are incorporated into and form part of these Terms. If there is a conflict or inconsistency between any Other Terms and Conditions and these Terms, the Other Terms and Conditions will govern regarding the specific purchase, portion, or feature to which they apply.

 

15. Governing Law

These Terms, your use of the Website, the Services and all related matters are and will be governed by, and construed and interpreted solely in accordance with, the laws of the Province of British Columbia, Canada and applicable federal laws of Canada.

 

16. Privacy

By using the Website and the Services, you consent to the collection, use, retention, disclosure and deletion of your personal information in accordance with the Privacy Policy.

 

17. Other Matters

No consent or waiver by us to or of any breach of these Terms by you will be effective unless in writing and signed by us or will be deemed or construed to be a consent to or waiver of a continuing breach or any other breach by you. No joint venture, partnership, employment or agency relationship exists between you and us as a result of these Terms and your use of the Services. Except as expressly set forth in these Terms, our rights and remedies under these Terms are cumulative and not exhaustive or exclusive of any other rights or remedies to which we may be lawfully entitled under these Terms or at law, and we will be entitled to pursue any and all of our rights and remedies concurrently, consecutively and alternatively. The provisions of these Terms will enure to the benefit of and be binding upon you and your respective successors and permitted assigns. All references herein to “you,” “your” or variations thereof will be deemed to refer to you individually, if you are entering into these Terms on an individual basis, and to the entity that you represent, if you are entering into these Terms on behalf of such entity. If any provision of these Terms is held by a court or arbitrator of competent jurisdiction to be invalid or unenforceable for any reason, then the provision will be deemed severed from these Terms and the remaining provisions will continue in full force and effect without being impaired or invalidated in any way, unless as a result of the severance these Terms would fail in its essential purpose. These Terms set forth the entire agreement between you and us regarding the subject matter of these Terms and supersede all previous communications, representations, negotiations, discussions, agreements, or understandings, whether oral or written, with respect to the subject matter of these Terms.

 

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PRIVACY POLICY

Last Updated: January 1, 2020

Your privacy is important to us. We typically do not collect any personal information and limit our email and other communications to you. However, in the event that we do, this Policy explains how we collect, use, disclose, retain and delete your personal information, including information collected through the Website or the Services. Capitalized terms not defined in this Policy have the meanings ascribed to them in the Terms.

 

1. Consent

By providing us with your personal information, you consent to the collection, use, disclosure, retention and deletion of that information in accordance with this Privacy Policy and as otherwise permitted by applicable law.

 

2. Personal Information 

In this Privacy Policy, “personal information” means information about an identifiable individual.

 

3. Collection

You may be asked to voluntarily provide your personal information to us, including when you attend or participate at a workshop, subscribe for a membership, are provided the Services, or contact us. In those circumstances, you can choose not to provide certain requested personal information, but then you may not be able to attend, participate, or access or use certain features.

 

4. Use

We use your personal information for various purposes, including:

• to provide you with the Services (including workshops, coaching, and membership accounts);
• to contact and correspond with you regarding your use of the Website, the Services and any related matters;
• to provide you information and announcements about us;
• to respond to your specific comments, suggestions, inquiries and requests and to otherwise administer the relationship with you; and
• to improve the Services.

You may also provide personal information in order to receive email and other communications from us. 

We disclose your personal information as set forth below in this Privacy Policy.

 

5. Disclosure

We and our affiliates may share your personal information with each other and may use, disclose, transfer and retain your personal information in accordance with this Privacy Policy.

Your personal information may be subject to access by and disclosure to law enforcement agencies in accordance with applicable law. We may disclose your personal information to law enforcement authorities or other organizations if we reasonably believe the disclosure is necessary or appropriate to protect and enforce our legal rights, interests and remedies or to protect our business, operations, participants or other persons. We have no control over, or responsibility or liability for, the use, disclosure, retention and deletion of your personal information by the agencies, organizations or other persons to whom we disclose the information in the foregoing circumstances, and the use, disclosure, retention and deletion of the disclosed information by those agencies, organizations or other persons is not subject to this Privacy Policy.

We may disclose your personal information to our suppliers and service providers to assist us in the provision of the Services to you, and as otherwise permitted by applicable law. We request that our suppliers and service providers use your personal information only for the purposes for which it is provided to them, and in a manner consistent with this Privacy Policy.

 

6. Retention, Location and Protection

We will store and process your personal information in Canada and the United States.

We retain your personal information for the period reasonably necessary for the purposes set forth or referenced in this Privacy Policy or a longer retention period required or permitted by applicable law.

We employ reasonable safeguards – including administrative, physical and technical security and safeguarding measures and solutions – appropriate to the sensitivity of the personal information in our possession or under our control in order to protect the information from unauthorized access, collection, use, disclosure, disposal or similar risks. The Internet and email communications are inherently open and subject to interception of information and are used at your own risk.

 

7. Deletion

We will delete or dispose of your personal information when we are no longer reasonably required to retain the information for the purposes set forth or referenced in this Privacy Policy.

 

8. Accuracy and Access

We will rely on you to ensure that your personal information is as accurate, complete and up to date as necessary for the purposes of the Services. You may request access to your personal information by contacting us through the Website.

 

9. Other Matters

 a) Business Information

To the extent permitted by applicable law, the provisions of this Privacy Policy concerning personal information do not apply to information (such as your name, position or title, business address, business telephone number, and business email address) that enables you to be contacted at a place of business.

 b) Unsubscribing

You may unsubscribe from our commercial electronic messages by contacting us through the Website or unsubscribing at the bottom of each email.

 c) Changes

We may update this Privacy Policy from time to time by posting a new version of this Privacy Policy on our website. Our collection, use, disclosure, retention and deletion of your personal information will be governed by the version of this Privacy Policy in effect at that time. Your continued dealings with us subsequent to any changes to this Privacy Policy will signify your consent to the collection, use, disclosure, retention and deletion of your personal information in accordance with the updated Privacy Policy.