Terms of Use

 

PLEASE READ CAREFULLY 

 

This Terms of Use Agreement (this "Agreement") is a legal agreement between you and Generative Somatics/In Practice Center ("Generative Somatics", "In Practice Center", "we", "us" or "our") providing, among other things, the terms and conditions for your use of our website (the "Site"). 

 

We may from time to time modify these terms of use and will post a copy of the amended Agreement at this link. If you do not agree to, or cannot comply with, the Agreement as amended, you must stop using our Services (as defined below) or, if applicable, cancel your Services subscription. You will be deemed to have accepted the Agreement as amended if you continue to use any of the Services after any amendments are posted on the Site. 

 

THIS AGREEMENT CONTAINS WARRANTY AND LIABILITY DISCLAIMERS. BY USING OR SUBSCRIBING TO OUR SERVICES. YOU ACCEPT AND AGREE TO THE TERMS AND CONDITIONS OF THIS AGREEMENT. IN ORDER FOR YOU TO HAVE ACCESS TO OUR SERVICES, THIS AGREEMENT MUST BE ACCEPTED BY YOU WITHOUT ANY MODIFICATIONS, ADDITIONS, OR DELETIONS. IF YOU DO NOT AGREE TO THE TERMS OF USE CONTAINED IN THIS AGREEMENT, YOU ARE NOT AUTHORIZED TO USE OUR SERVICES. YOU MAY BE DENIED ACCESS TO OUR SERVICES, WITH OR WITHOUT PRIOR NOTICE TO YOU, FOR NONCOMPLIANCE WITH ANY PROVISION OF THIS AGREEMENT. 

 

1. AUTHORIZED USERS 

1.1 Registration. To use any aspect of our Services, you may be required to register and provide certain information, including a member or user name, a password and a valid email address (the "Account Information"). 

 

You agree to provide accurate Account Information and to update your Account Information as necessary to keep it accurate. We will use your Account Information in accordance with its privacy policy, as described in our Privacy Policy. 

 

You agree that you will not allow others to use any aspect of your Account Information. You are solely responsible for maintaining the confidentiality and security of your account. You agree to notify us immediately of any unauthorized use of your password and/or account. 

 

We will not be responsible for any losses arising out of the unauthorized use of your member name, password and/or account and you agree to indemnify and hold harmless In Practice Center, its partners, parents, subsidiaries, agents, affiliates and/or licensors, as applicable, for any improper, unauthorized or illegal uses of the same. 

 

2. RESTRICTIONS

You agree that you will not: 

2.1 use our Services to reproduce copyrighted materials; 

2.2 copy, store, edit, change, prepare any derivative work of or alter in any way any of the information through our services;

2.3 make our Services available over a network (other than our own network) where it could be used by others;

2.4 provide your password to any other person; 

2.5 circumvent any technology used by In Practice Center or its licensors to protect content accessible via our Services; 

2.6 rent, lease or sublicense any of our Services; 

or 2.7 use our Services in any way that violates the terms of this Agreement. 

 

3. COPYRIGHTS

As between you and Generative Somatics / In Practice Center, you acknowledge that Generative Somatics / In Practice Center owns or has a license to all title and copyrights in and to the Generative Somatics / In Practice Center Services. All title and intellectual property rights in and to the licensed content in our Services is the property of the respective content owner and may be protected by applicable copyright or other intellectual property laws and treaties and subject to use restrictions under such laws or treaties.

 

4. Generative Somatics / In Practice Center TRADEMARKS AND THIRD-PARTY TRADEMARKS

The following are registered trademarks or trademarks of Generative Somatics / In Practice Center: Generative Somatics, In Practice Center, and the design logo, as well as certain other Generative Somatics or In Practice Center trademarks, service marks, graphics, and logos (collectively, the "Generative Somatics Trademarks" or "In Practice Center Trademarks") used in connection with our Services. Our Services may contain third-party trademarks, service marks, graphics, and logos. You are not granted any right or license with respect to In Practice Center Trademarks or the trademarks of any third party.

 

5. SECURITY

In Practice Center Services utilize technology to protect transmitted digital information. Your use of our Services may be limited by such technology. You acknowledge that, from time to time, we may modify or discontinue using such technology. Security modifications made by us may from time to time include required or automated updates, modifications, patches, and/or reinstallations of software. 

 

IF YOU ATTEMPT TO VIOLATE OR CIRCUMVENT ANY SYSTEM OR NETWORK SECURITY COMPONENTS OR TECHNOLOGY, YOU MAY BE SUBJECT TO CIVIL OR CRIMINAL LIABILITY. 

 

6. PRIVACY POLICY 

Unless otherwise addressed in this Agreement, our Services are subject to our Privacy Policy, and that by reference is made a part of this Agreement. It is important that you read and understand the terms of our Privacy Policy. In Practice Center may cooperate with and disclose information (including your Account Information) to any authority, government official or third-party, without giving any notice to you, in connection with any investigation, proceeding or claim arising from an asserted illegal action or infringement due to your use of our Services. 

 

7. AGREEMENT TO PAY

If you elect to become a subscriber to our Services, you agree to pay all fees and charges associated with your subscription on a timely basis. All such fees and charges (including any taxes and late fees, as applicable) will be charged on your credit card. You will maintain valid credit card information in your Account Information. 

 

8. TERM This Agreement will remain effective until terminated by you or terminated by us. 

 

9. DISCLAIMERS 

 

9.1 Our SERVICES (INCLUDING ANY SOFTWARE CONTAINED THEREIN) AND ANY UPGRADES OR PLUG-INS AND ANY LICENSED CONTENT ARE LICENSED TO YOU "AS IS." ANY USE OF our SERVICES WILL BE AT YOUR OWN RISK. TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, Generative Somatics / In Practice Center DISCLAIMS ALL WARRANTIES, EITHER EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE AND NON-INFRINGEMENT. Generative Somatics / In Practice Center MAKES NO REPRESENTATIONS OR GUARANTEES THAT our SERVICES WILL BE FREE FROM LOSS, DESTRUCTION, DAMAGE, CORRUPTION, ATTACK, VIRUSES, INTERFERENCE, HACKING, OR OTHER SECURITY INTRUSION, AND Generative Somatics / In Practice Center DISCLAIMS ANY LIABILITY RELATING THERETO. 

 

9.2 Generative Somatics / In Practice Center MAKES NO GUARANTEES, REPRESENTATIONS, OR WARRANTIES THAT USE OR RESULTS OF THE USE OF our SERVICES WILL BE ACCURATE, RELIABLE, CURRENT, UNINTERRUPTED OR WITHOUT ERRORS. WITHOUT PRIOR NOTICE, Generative Somatics / In Practice Center MAY MODIFY, SUSPEND, OR DISCONTINUE our SERVICES (INCLUDING ANY CONTENT) OR YOUR USE OF THEM. WHENEVER Generative Somatics / In Practice Center ELECTS TO MODIFY, SUSPEND, OR DISCONTINUE our SERVICES, IT WILL NOT BE LIABLE TO YOU OR ANY THIRD PARTY. 

 

9.3 YOU ACKNOWLEDGE THAT YOUR SUBMISSION OF ANY INFORMATION TO US IS AT YOUR OWN RISK. Generative Somatics / In Practice Center DOES NOT ASSUME ANY LIABILITY TO YOU WITH REGARD TO ANY LOSS OR LIABILITY RELATING TO SUCH INFORMATION IN ANY WAY. 

 

9.4 YOU UNDERSTAND THAT YOU MAY ENCOUNTER OFFENSIVE, INDECENT OR OTHER OBJECTIONABLE CONTENT WHEN USING our SERVICES. Generative Somatics / In Practice Center WILL HAVE NO LIABILITY TO YOU FOR ANY SUCH CONTENT. 9.5 SOME OF THE CONTENT, PRODUCTS, AND SERVICES AVAILABLE THROUGH our SERVICES MAY INCLUDE MATERIALS THAT BELONG TO THIRD PARTIES. YOU ACKNOWLEDGE THAT Generative Somatics / In Practice Center ASSUMES NO RESPONSIBILITY FOR SUCH CONTENT, PRODUCTS OR SERVICES. 

 

10. LIMITATION OF LIABILITY 

 

10.1 IN NO EVENT WILL Generative Somatics / In Practice Center BE LIABLE TO YOU FOR INDIRECT, GENERAL, SPECIAL, INCIDENTAL, CONSEQUENTIAL, EXEMPLARY OR OTHER DAMAGES (INCLUDING, WITHOUT LIMITATION, DAMAGES FOR LOSS OF PROFITS, BUSINESS INTERRUPTION, CORRUPTION OF FILES, LOSS OF BUSINESS INFORMATION OR ANY OTHER PECUNIARY LOSS) EVEN IF Generative Somatics / In Practice Center HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. NO ORAL OR WRITTEN INFORMATION OR ADVICE GIVEN BY Generative Somatics / In Practice Center OR OTHERS WILL CREATE A WARRANTY AND NEITHER YOU NOR ANY THIRD PARTY MAY RELY ON ANY SUCH INFORMATION OR ADVICE. SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OF IMPLIED WARRANTIES OR LIMITATION OR EXCLUSION OF LIABILITY FOR INCIDENTAL OR CONSEQUENTIAL DAMAGES, SO THE ABOVE EXCLUSIONS AND LIMITATIONS MAY OR MAY NOT APPLY TO YOU. 

 

10.2 Generative Somatics / In Practice Center'S ENTIRE LIABILITY AND YOUR EXCLUSIVE REMEDY UNDER THIS AGREEMENT WILL BE LIMITED TO THE GREATER OF ONE DOLLAR (US $1.00) OR THE TOTAL AMOUNT PAID BY YOU FOR THE APPLICABLE Generative Somatics / In Practice Center SERVICES AT ISSUE. 

 

 

11. INDEMNITY

YOU WILL INDEMNIFY AND HOLD Generative Somatics / In Practice Center, ITS DIRECTORS, OFFICERS, EMPLOYEES, AFFILIATES, AGENTS, CONTRACTORS, AND LICENSORS HARMLESS WITH RESPECT TO ANY SUITS OR CLAIMS ARISING OUT OF (I) YOUR BREACH OF THIS AGREEMENT, INCLUDING, BUT NOT LIMITED TO, ANY INFRINGEMENT BY YOU OF THE COPYRIGHT OR INTELLECTUAL PROPERTY RIGHTS OF ANY THIRD PARTY; 

 

OR (II) YOUR USE OF our SERVICES. 

 

12.1 You will be responsible for providing the DSL, cable modem and any other hardware and software necessary to use our Services. 

 

12.2 Generative Somatics / In Practice Center or its business partners may present advertisements or promotional materials on or through the Site and our Services. Your dealings with, or participation in promotions of, any third-party advertisers on or through the Site are solely between you and such third party and your participation is subject to the terms and conditions associated with that advertisement or promotion. You agree that Generative Somatics / In Practice Center is not responsible or liable for any loss or damage of any sort incurred as the result of any such dealings or as the result of the presence of such third parties on the Site. 

 

12.3 The Site and our Services may present links to third-party Web sites not owned or operated by us. We are not responsible for the availability of these third-party sites or their contents. You agree that we are not responsible or liable, directly or indirectly, for any damage or loss caused by or in connection with your use of or reliance on any content of any such third-party site or goods or services available through any such third-party site. 

 

12.4 Our Services are owned or licensed by Generative Somatics / In Practice Center and are protected by United States copyright laws and international treaty provisions. You will not sublicense, assign, or transfer the license granted to you under this Agreement. Any attempt to sublicense, assign, or transfer any of the rights, duties, or obligations in violation of the provisions of this Agreement is void. 

 

12.5 If you know of, or suspect, copyright infringement, please send a notice to Generative Somatics / In Practice Center. The notice must contain all of the information set forth in Section 512(c)(3)(A) of the U.S. Copyright Act, 17 U.S.C. § 101 et seq. 

 

12.6 This Agreement will be governed by the laws of the State of California. The exclusive jurisdiction for any claim, action or dispute with Generative Somatics / In Practice Center or relating in any way to your use of our Services will be in the state and federal courts of the State of California and the venue for the adjudication or disposition of any such claim, action or dispute will be in the County of Alameda, California. 

 

12.7 Should you have any questions concerning this Agreement or need technical support, you may contact Generative Somatics / In Practice Center support by visiting our contact form. 

 

12.8 Generative Somatics / In Practice Center may send notices to you with respect to our Services by sending an email message to the email address listed in your Account Information, by sending a letter via U.S. mail to the contact address listed in your Account Information, or by a posting a note on the Site when you access your account. Unless otherwise stated in the notices, the notices will become effective immediately. 

 

 

YOU ACKNOWLEDGE THAT YOU HAVE READ THIS AGREEMENT, UNDERSTAND IT AND WILL BE BOUND BY ITS TERMS AND CONDITIONS. YOU FURTHER ACKNOWLEDGE THAT THIS AGREEMENT REPRESENTS THE COMPLETE AND EXCLUSIVE STATEMENT OF THE AGREEMENT BETWEEN US AND THAT IT SUPERSEDES ANY PROPOSAL OR PRIOR AGREEMENT ORAL OR WRITTEN, AND ANY OTHER COMMUNICATIONS BETWEEN US RELATING TO THE SUBJECT MATTER OF THIS AGREEMENT.