TERMS AND CONDITIONS
General
Esther Perel Global Media LLC (“we,” “us” or the “Company”) welcomes you to estherperel.com, rekindlingdesire.com, and programs.estherperel.com, pages.estherperel.com, estherperel.securechkout.com (each, the “Site”). By using the Site, you agree to be bound by these Terms and Conditions (“Terms”) and to use the Site in accordance with these Terms, our Privacy Policy and any additional terms and conditions that may apply to specific sections of the Site or to products and services available through the Site or from us.
When you access the Site, in any manner, whether automated or otherwise, it constitutes use of the Site and your agreement to be bound by these Terms. We reserve the right to change these Terms and to add new conditions on use of the Site, from time to time, in which case we will post the revised Terms on this Site. By continuing to use the Site after we post any such changes, you accept the modified Terms. You are responsible for keeping up to date.
Your Use of Our Site
You must be at least 18 years old to use the Site.
You may have registered through certain of our partners or other third party networking services such as Google, Twitter or Facebook. By registering for or logging into the Service using such third party authentication service, you agree that we may access and use your information on the authentication service, including your user name, profile picture, age and date of birth, email address, and friends/contacts list. We are not affiliated with any authentication service and you are solely responsible for your interactions with the authentication service.
Services
We offer different workshop programs comprised of online streaming videos, downloadable audio mp3s, and related coursework, sound recordings, photographs, software, text, graphics, images and other material (collectively, the “Workshop”) on the Site. Our Workshops do not include any direct consultation or interaction with Esther Perel or any other representative of the Company.
Workshop Subscription
If you would like to subscribe to a Workshop, you must pay a fee at the price listed. One subscription entitles you or you and one partner to view and participate in the Workshop pursuant to these Terms. By viewing or otherwise using any parts of the Workshop, your partner also agrees to be bound by these Terms.
Different Workshops may be subject to different terms and conditions and third-party license agreements that you may have to accept prior to viewing or purchasing a Workshop. All sales are billed in United States Dollars as required by law. You agree to pay all fees incurred by you or anyone else using your account, and you hereby authorize us and our third-party payment service providers to collect such fees using the credit card or other payment method you provide to us.
Refunds
If you notify us within 30 days of your purchase that you are not satisfied with the Workshop or due to a change of circumstance you can no longer use the Workshop, we will issue you a refund.
After the 30th day of your purchase, we may, at our sole discretion, choose to refund the applicable fee, in whole or in part, if we believe a refund is justified.
If you abuse this refund policy, as we determine at our sole discretion, you may no longer be able to get a refund and access your account.
Registration and Passwords
To access certain features of the Site, we may ask you to provide certain demographic information including your name, email address, phone number, and other personally identifiable information. In addition, if you elect to sign-up for a Workshop or other particular feature of the Site, you may also be asked to register with us on the form provided and such registration may require you to provide personally identifiable information such as your name and email address. You agree to provide true, accurate, current and complete information about yourself as prompted by the Site’s registration form. If we have reasonable grounds to suspect that such information is untrue, inaccurate, or incomplete, we have the right to suspend or terminate your account and refuse any and all current or future use of the Site (or any portion thereof). Our use of any personally identifiable information you provide to us as part of the registration process is governed by the terms of our Privacy Policy.
To use certain features of the Site, including our Workshops, you will need a username and password, which you will receive through the Site’s registration process. You are responsible for maintaining the confidentiality of the password and account, and are responsible for all activities (whether by you or by others) that occur under your password or account. You agree to notify us immediately of any unauthorized use of your password or account or any other breach of security, and to ensure that you exit from your account at the end of each session. We cannot and will not be liable for any loss or damage arising from your failure to protect your password or account information.
If you do not maintain confidentiality and share login information, the Company can suspend login and access to all materials.
We are under no obligation to accept any individual as a user and may accept or reject any subscription for a Workshop in our sole and complete discretion.
Interactive Features
This Site and our private Facebook group that you may choose to participate in (“Discussion Group”) may include a variety of features, such as live streaming videos, forums, bulletin boards, blogs, comment fields, chat rooms, and email services, which allow feedback to us and real-time interaction between users, and other features which allow users to communicate with others. Responsibility for what is posted on such forums and other public posting areas on the Site, or sent via any email services on the Site, lies with each user – you alone are responsible for the material you post or send. We do not control the messages, information or files that you or others may provide through the Site. It is a condition of your use of the Site and participation in our Discussion Group that you do not:
- Restrict or inhibit any other user from using and enjoying the Site.
- Use the Site to impersonate another person or entity, or falsely state or otherwise misrepresent your affiliation with a person or entity.
- Interfere with or disrupt any servers or networks used to provide the Site or its features, or disobey any requirements, procedures, policies or regulations of the networks we use to provide the Site.
- Instigate or encourage others to commit illegal activities or cause injury or property damage to any person.
- Gain unauthorized access to the Site, or any account, computer system, or network connected to this Site, by means such as hacking, password mining or other illicit means.
- Obtain or attempt to obtain any materials or information through any means not intentionally made available through this Site.
- Post or transmit any unlawful, confidential, threatening, abusive, libelous, defamatory, obscene, vulgar, pornographic, profane or indecent information of any kind, including without limitation any transmissions constituting or encouraging conduct that would constitute a criminal offense, give rise to civil liability or otherwise violate any local, state, national or international law.
- Post or transmit any information, software or other material that violates or infringes upon the rights of others, including material that is an invasion of privacy or publicity rights or that is protected by copyright, trademark or other proprietary right, or derivative works with respect thereto, without first obtaining permission from the owner or rights holder.
- Post or transmit any information, software or other material that contains a virus or other harmful component.
- Post, transmit or in any way exploit any information, software or other material for commercial purposes, or that contains advertising.
- Advertise or solicit to anyone to buy or sell products or services, or to make donations of any kind, without our express written approval.
- Gather for marketing purposes any email addresses or other personal information that has been posted by other users.
- Purchase, download or copy any products or services from this site and use to pirate said content.
Any user failing to comply with these Terms may be expelled from and refused continued access to, the Discussion Group and other message boards, chats or other public forums in the future. We or our designated agents may remove or alter any user-created content at any time for any reason. Message boards, chats and other public forums are intended to serve as discussion centers for users and subscribers. Information and content posted within these forums may be provided by our staff, our outside contributors, or by users not connected with us, some of whom may and will employ anonymous usernames.
We expressly disclaim all responsibility and endorsement and make no representation as to the validity of any opinion, advice, information or statement made or displayed in these forums by third parties, nor are we responsible for any errors or omissions in such postings, or for hyperlinks embedded in any messages. Under no circumstances will we, our affiliates, hosts, or agents be liable for any loss or damage caused by your reliance on information obtained through these forums. The opinions expressed in these forums are solely the opinions of the participants, and do not reflect our opinions.
We have no obligation whatsoever to monitor any of the content or postings on the message boards, chat rooms or other public forums on the Sites and the Discussion Group. However, you acknowledge and agree that we have the absolute right to monitor the same at our sole discretion. In addition, we reserve the right to alter, edit, refuse to post or remove any postings or content, in whole or in part, for any reason and to disclose such materials and the circumstances surrounding their transmission to any third party in order to satisfy any applicable law, regulation, legal process or governmental request (national or international) and to protect ourselves, our clients, sponsors, users and visitors.
Intellectual Property Rights
Our Limited License to You. This Site and all materials available on the Site are the property of the Company and/or our affiliates or licensors, and are protected by copyright, trademark, and other intellectual property laws. The Site is provided solely for your personal noncommercial use. Subject to and in accordance with these Terms and other guidelines or instructions we include in the Site, we grant you a limited, non-transferable, non-sublicensable, non-exclusive, revocable license to make personal, noncommercial use of the Site, including any Workshops purchased by you. Your purchase of any Workshop entitles you only to view that Workshop in accordance with the foregoing license, and is not a purchase of the content constituting or included in the Workshop. This license is personal to you. You may not assign or transfer any of your rights or obligations under this Section or these Terms to any person or entity and any attempt to do so is void. In particular: (i) you may not sell or distribute use or access to the Workshop and its materials, and (ii) you may not use our videos or other Workshop materials, in whole or in part, in any clinical presentations.
Unless explicitly authorized in these Terms, you may not modify, copy, reproduce, republish, upload, post, transmit, translate, sell, create derivative works, exploit, or distribute in any manner or medium (including by email or other electronic means) any material from the Site. You may, however, from time to time, download and/or print one copy of the exercise materials of the Workshop you purchased solely for your personal, noncommercial use, provided that you keep intact all copyright and other proprietary notices.
We reserve the right to terminate this license and your access to the Site at any time, for any or no reason and with or without notice; provided, however, that such termination will not terminate your right hereunder to view any Workshops you have purchased unless you have violated these Terms.
Your License to Us. By posting or submitting any material (including, without limitation, comments, blog entries, photos and videos) to us via the Site, you are representing: (i) that you are the owner of the material, or are making your posting or submission with the express consent of the owner of the material; and (ii) that you are 18 years of age or older. In addition, when you submit or post any material, you are granting us, and anyone authorized by us, a royalty-free, perpetual, irrevocable, non-exclusive, unrestricted, worldwide license to use, copy, modify, transmit, sell, exploit, create derivative works from, distribute, and/or publicly perform or display such material, in whole or in part, in any manner or medium, now known or hereafter developed, for any purpose. The foregoing grant shall include the right to exploit any proprietary rights in such posting or submission, including, but not limited to, rights under copyright, trademark, service mark or patent laws under any relevant jurisdiction. Also, in connection with the exercise of such rights, you grant us, and anyone authorized by us, the right to identify you as the author of any of your postings or submissions by name, email address or screen name, as we deem appropriate. You acknowledge that we have the right but not the obligation to use and display any postings or contributions of any kind and that we may elect to cease the use and display of any such materials (or any portion thereof), at any time for any reason whatsoever.
Limitations on Linking and Framing. You may establish a hypertext link to the Site so long as the link does not state or imply any sponsorship of your site by us or by the Site. However, you may not, without our prior written permission, frame or inline link any of the content of the Site, or incorporate into another website or other service any of our material, content or intellectual property.
Online Commerce with Third Parties
Certain sections of the Site may allow you to purchase many different types of products and services online that are provided by third parties, such as Amazon. We are not responsible for the quality, accuracy, timeliness, reliability or any other aspect of these products and services. If you make a purchase from a merchant on the Site or on a site linked to by the Site, the information obtained during your visit to that merchant’s online store or site, and the information that you give as part of the transaction, such as your credit card number and contact information, may be collected by both the merchant and us. A merchant may have privacy and data collection practices that are different from ours. We have no responsibility or liability for these independent policies. In addition, when you purchase products or services on or through the Site, you may be subject to additional terms and conditions that specifically apply to your purchase or use of such products or services.
For more information regarding a merchant, its online store, its privacy policies, and/or any additional terms and conditions that may apply, visit that merchant’s website and click on its information links or contact the merchant directly. You release us and our affiliates from any damages that you incur, and agree not to assert any claims against us or them, arising from your purchase or use of any products or services made available by third parties through the Site.
Your participation, correspondence or business dealings with any third party found on or through our Site, regarding payment and delivery of specific goods and services, and any other terms, conditions, representations or warranties associated with such dealings, are solely between you and such third party. You agree that Company shall not be responsible or liable for any loss, damage, or other matters of any sort incurred as the result of such dealings.
You agree to be financially responsible for all purchases made by you or someone acting on your behalf through the Site. You agree to use the Site and to purchase services or products through the Site for legitimate, non-commercial purposes only. You also agree not to make any purchases for speculative, false or fraudulent purposes or for the purpose of anticipating demand for a particular product or service. You agree to only purchase goods or services for yourself or for another person for whom you are legally permitted to do so. When making a purchase for a third party that requires you to submit the third party’s personal information to us or a merchant, you represent that you have obtained the express consent of such third party to provide such third party’s personal information.
No Warranties and Limitations of Liability
THE CONTENT, PRODUCTS AND SERVICES WE OFFER ON OR THROUGH THE SITE ARE PROVIDED “AS IS” AND WITHOUT WARRANTIES OF ANY KIND EITHER EXPRESS OR IMPLIED. TO THE FULLEST EXTENT PERMISSIBLE PURSUANT TO APPLICABLE LAW, WE DISCLAIM ALL WARRANTIES, EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, IMPLIED WARRANTIES OF MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE. WE DO NOT WARRANT THAT THE SITE OR ANY OF ITS FUNCTIONS WILL BE UNINTERRUPTED OR ERROR-FREE, THAT DEFECTS WILL BE CORRECTED, OR THAT ANY PART OF THIS SITE, INCLUDING BULLETIN BOARDS, OR THE SERVERS THAT MAKE IT AVAILABLE, ARE FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS. WE DO NOT WARRANT OR MAKE ANY REPRESENTATIONS REGARDING THE USE OR THE RESULTS OF THE USE OF THE SITE OR MATERIALS ON THIS SITE OR ON THIRD-PARTY SITES IN TERMS OF THEIR CORRECTNESS, ACCURACY, TIMELINESS, RELIABILITY OR OTHERWISE.
UNDER NO CIRCUMSTANCES, INCLUDING, BUT NOT LIMITED TO, NEGLIGENCE, SHALL WE OR OUR AFFILIATES BE LIABLE FOR ANY DIRECT, INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL OR INCONSEQUENTIAL DAMAGES THAT RESULT FROM THE USE OF, OR THE INABILITY TO USE, THE SITE, INCLUDING ITS MATERIALS, PRODUCTS, OR SERVICES, OR THIRD-PARTY MATERIALS, PRODUCTS, OR SERVICES MADE AVAILABLE THROUGH THE SITE, EVEN IF WE ARE ADVISED BEFOREHAND OF THE POSSIBILITY OF SUCH DAMAGES. BECAUSE SOME STATES DO NOT ALLOW THE EXCLUSION OR LIMITATION OF CERTAIN CATEGORIES OF DAMAGES, THE ABOVE LIMITATION MAY NOT APPLY TO YOU. IN SUCH STATES, OUR LIABILITY AND THE LIABILITY OF OUR SUBSIDIARY AND PARENT COMPANIES OR AFFILIATES IS LIMITED TO THE FULLEST EXTENT PERMITTED BY SUCH STATE LAW. YOU SPECIFICALLY ACKNOWLEDGE AND AGREE THAT WE ARE NOT LIABLE FOR ANY DEFAMATORY, OFFENSIVE OR ILLEGAL CONDUCT OF ANY USER. IF YOU ARE DISSATISFIED WITH THE SITE, ANY MATERIALS, PRODUCTS, OR SERVICES ON THE SITE, OR WITH ANY OF THE SITE’S TERMS AND CONDITIONS, YOUR SOLE AND EXCLUSIVE REMEDY IS TO DISCONTINUE USING THE SITE AND THE PRODUCTS, SERVICES AND/OR MATERIALS. THIS SITE IS CONTINUALLY UNDER DEVELOPMENT AND WE MAKE NO WARRANTY OF ANY KIND, IMPLIED OR EXPRESS, AS TO ITS ACCURACY, COMPLETENESS OR APPROPRIATENESS FOR ANY PURPOSE.
External Sites
Throughout the Site, we may provide links and pointers to internet sites maintained by third parties. Our linking to such third-party sites does not imply an endorsement or sponsorship of such sites, or the information, products or services offered on or through the sites. In addition, neither we nor our partners and affiliates operate or control in any respect any information, products or services that third parties may provide on or through the Site or on websites linked to by us on the Site. If applicable, any opinions, advice, statements, services, offers, or other information or content expressed or made available by third parties, including information providers, are those of the respective authors or distributors. Neither we nor any third-party provider of information guarantees the accuracy, completeness, or usefulness of any content. Furthermore, we do not endorse and we are not responsible for the accuracy and reliability of any opinion, advice, or statement made on any portion of the Site by anyone other than us.
Indemnification
You agree to indemnify and hold harmless us and our owners, directors, officers, employees, agents, licensors, affiliates, successors and assigns from and against any and all losses, claims, suits, damages, demands, costs, expenses (including reasonable attorneys’ fees) and liabilities of whatever nature or kind arising from or connected with your access to, or use of, the Site, any content you submit to the Site and the Discussion Group, or your breach, or alleged breach, of these Terms or the rights of any third party.
The Digital Millennium Copyright Act
We respect the intellectual property rights of others. The Digital Millennium Copyright Act of 1998 (the “DMCA”) provides recourse for copyright owners who believe that material appearing on the internet infringes their rights under US copyright law. If you believe in good faith that materials hosted by this Site infringe your copyright, you, or your agent may send to us a notice in accordance with the requirements of the DMCA requesting that the material be removed or access to it be blocked, and including the following: (i) a description of the copyrighted work that has been infringed and the specific location on the Site where such work is located; (ii) a description of the location of the original or an authorized copy of the copyrighted work; (iii) your address, phone number and email address; (iv) a statement by you that you have a good faith belief that the disputed use is not authorized by the copyright owner, its agent or the law; (v) a statement by you, made under penalty of perjury, that the information in your notice is accurate and that you are the copyright owner or authorized to act on the copyright owner’s behalf; and (vi) an electronic or physical signature of the owner of the copyright or the person authorized to act on behalf of the owner of the copyright interest.
Any notification by a copyright owner or a person authorized to act on its behalf that fails to comply with requirements of the DMCA shall not be considered sufficient notice and shall not be deemed to confer upon us any actual knowledge of facts or circumstances from which infringing material or acts are evident. If you believe in good faith that a notice of copyright infringement has been wrongly filed against you, the DMCA permits you to send to us a counter-notice. All notices and counter notices must meet the then current statutory requirements imposed by the DMCA; see http://www.loc.gov/copyright for details. The Company’s copyright agent for notice of claims of copyright infringement or counter notices can be reached as follows: [email protected]
Assignment
These Terms shall be binding upon and inure to the benefit of Company and our respective assigns, successors, heirs, and legal representatives. Neither these Terms nor any rights hereunder may be assigned without the prior our written consent. Notwithstanding the foregoing, we may assign all rights and obligations under these Terms to any affiliated entity or any of its wholly-owned subsidiaries.
Choice of Law
These Terms shall be governed by and construed in accordance with the laws of the State of New York. If any provision of these Terms shall be unlawful, void or for any reason unenforceable, then that provision shall be deemed severable from these Terms and shall not affect the validity and enforceability of any remaining provisions.
Dispute Resolution and Binding Arbitration
If there is a dispute arising from or relating to these Terms, your use of the Site or any content, you agree to contact us at [email protected] and attempt to amicably resolve the dispute prior to taking more formal action.
If the dispute is not resolved in a reasonable amount of time, either party may elect to finally and exclusively resolve the dispute by binding arbitration governed by the Federal Arbitration Act (“FAA”). Any election to arbitrate, at any time, shall be final and binding on the other party. IF EITHER PARTY CHOOSES ARBITRATION, NEITHER PARTY SHALL HAVE THE RIGHT TO LITIGATE SUCH CLAIM IN COURT OR TO HAVE A JURY TRIAL, EXCEPT EITHER PARTY MAY BRING ITS CLAIM IN ITS LOCAL SMALL CLAIMS COURT, IF PERMITTED BY THAT SMALL CLAIMS COURT RULES AND IF WITHIN SUCH COURT’S JURISDICTION. If either party elects arbitration, all disputes will be resolved before a neutral arbitrator selected jointly by the parties, whose decision will be final, except for a limited right of appeal under the FAA. The arbitration shall be commenced and conducted by JAMS pursuant to its then current Comprehensive Arbitration Rules and applying New York law (excluding its conflict of laws provisions). Arbitration will be held in New York City. The award rendered by the arbitrator will be final and binding, and judgment upon such award may be entered in any court having jurisdiction thereof. Notwithstanding the foregoing, nothing in the foregoing limits our ability to seek equitable relief, including injunctive relief and specific performance, from any court of competent jurisdiction.
Class Action Waiver
You agree that any arbitration or proceeding shall be limited to the dispute between us and you individually. To the full extent permitted by law, (i) no arbitration or proceeding shall be joined with any other; (ii) there is no right or authority for any dispute to be arbitrated or resolved on a class action-basis or to utilize class action procedures; and (iii) there is no right or authority for any dispute to be brought in a purported representative capacity on behalf of the general public or any other persons. YOU AGREE THAT YOU MAY BRING CLAIMS AGAINST US ONLY IN YOUR INDIVIDUAL CAPACITY AND NOT AS A PLAINTIFF OR CLASS MEMBER IN ANY PURPORTED CLASS OR REPRESENTATIVE PROCEEDING.
Statute of Limitations
Regardless of any statute or law to the contrary, any claim or cause of action by you arising out of or related to these Terms or the use of the Site must be submitted for arbitration within one (1) year after such claim or cause of action arose or be forever barred. What does this mean?
Contacting Us
If there are any questions regarding these Terms, you may contact us at:
Esther Perel Global Media LLC
Copyrighted by Esther Perel Global Media LLC. All rights reserved. No part of this Site or products and services contained therein may be copied, or changed in any format, sold, or used in any way other than what is outlined without express permission from Esther Perel Global Media LLC.
