Terms & Conditions
Introduction
Welcome to progressivetherapist.com!
These Terms and Conditions (the “Terms”) form a legal agreement between you, the user (“you”), and Eugene Belilovsky, operating agent of The Progressive Therapist, LLC (referred to as “I”, “me”, or “my”). By accessing or using the services offered on this website, or by engaging in sessions with me personally, you agree to be bound by these Terms. These Terms govern your use of the website, course content, and any direct interactions or services provided by me.
General Terms
- These Terms govern your access to and use of my Services, forming a legally binding agreement between you and me.
- I may update or change these Terms from time to time and will notify you accordingly. If you do not agree to the updated Terms, you must discontinue using my Services.
- I reserve the right to, at my sole discretion, refuse or suspend your access to my website, course content, or Services at any time without notice or liability. However, such actions will generally only be taken in cases where there is a reasonable and justifiable cause.
- I reserve the right to modify, suspend, or discontinue any portion of my Services, including my website, products, social media pages, and affiliated software, at any time. However, these changes will typically only occur in cases where there is a valid reason. You acknowledge that access to or the operation of my Services may be occasionally interrupted due to technical difficulties.
My Services And Access License
- I provide course content and related services (the “Services”) as described on my website. The contents, deliverables, and fees for my courses and sessions are detailed on the relevant pages of my website.
- By agreeing to these Terms, I grant you a revocable, non-exclusive, and non-transferable license to access and use my Services in accordance with these Terms.
- Your access to and use of the Services is not dependent on the delivery of any future features or additional services beyond what is currently offered.
Provision of the Services
- Starting from the Commencement Date and throughout the Term of this Agreement, I will provide the Services to you as outlined in these Terms.
- I will deliver the Services with reasonable skill and care.
- I will make reasonable efforts to accommodate any requested changes to the Services, subject to your acceptance of any resulting adjustments to the Fees.
- Nothing in this Agreement obligates me to undertake any actions or provide services that, in my good faith judgment, would be misleading, false, libelous, unlawful, in breach of contract, or otherwise harmful to you or my interests.
- The obligations in this section do not apply to issues caused by your use of the Services contrary to my instructions or modifications made by anyone other than me.
- I am not liable for any delays, failures, or losses resulting from data transfers over third-party networks and services, including the internet. You acknowledge that the Services may be subject to limitations, delays, and other issues inherent in such communication networks.
- This Agreement does not restrict me from entering into similar agreements with others, or from independently developing, using, selling, or licensing content or services similar to those provided here.
- I warrant that I have and will maintain the necessary professional qualifications required to fulfill my obligations under this Agreement.
- Exact reproduction and resale of the Services or course materials to third parties is prohibited. However, if allowed by law, you may use information from my website and courses, provided proper citation is given.
Fees and Payment Refunds
- You agree to pay the Fees as outlined in this section.
- The purchase price for the online course(s) must be paid at the time you enter into this Agreement, as specified on my website.
- I reserve the right to modify or discontinue any payment method, either temporarily or permanently, at any time.
- I am not responsible for any currency conversion fees, wiring fees, transaction costs, or other processing fees you may incur.
- Session Fees may be adjusted at my discretion. If any changes are made, I will provide you with reasonable advance written notice of the amended session fees.
Default
- You shall be considered in default of this Agreement if you fail to comply with any of its terms and conditions. In the case of default, I retain all rights and remedies, including the right to terminate this Agreement and seek all applicable damages. If you have outstanding session fees, I may suspend all services until the overdue amounts are paid in full.
- If I delay or refrain from exercising any rights under this Agreement, it does not mean that I waive those rights, nor will I lose them. Similarly, if I accept late or partial payments from you, it does not waive my right to receive full and timely payments and any other charges owed under this Agreement.
Service Limitations and Client Responsibility
- I provide services, including conducting sessions with clients, without promising specific results or outcomes.
- You agree that your use of, or inability to use, my website or Services is at your own risk.
- While I strive to deliver high-quality services, they are provided “as is” and “as available,” without any representations, warranties, or conditions of any kind, either express or implied. This includes implied warranties of merchantability, fitness for a particular purpose, durability, title, and non-infringement.
- I am not responsible for your personal actions or choices before, during, or after using my Services. You acknowledge that any suggestions, recommendations, or information provided by me are used at your own discretion and risk, without liability on my part. You accept full responsibility for your use or non-use of any information provided through any means. You agree to absolve me of any liability or loss that may result from your or any other person’s use or non-use of my Services or information.
- While I strive to provide accurate and reliable information, I am not legally liable for the completeness, accuracy, or correctness of any information uploaded on my website or related content. You expressly agree that using my Services, including relying on any advice, is at your own risk.
- Please make every reasonable effort to provide all pertinent information that is necessary for me to deliver the Services effectively.
- You may occasionally provide reasonable instructions to guide my provision of the Services.
- If I need your decision, approval, consent, or any other communication to continue providing the Services, please provide it in a reasonable and timely manner.
- Any delays in the provision of Services caused by your failure to provide timely information or communication shall not be my responsibility.
No Guarantee of Results
- While I strive to provide high-quality services and content, nothing in this Agreement shall be interpreted as a guarantee from either party that:
- The Services will yield any specific results or be considered successful, or
- Any therapeutic approach will produce a particular outcome or guarantee success.
Modifications, Interruptions, and Service Availability
I reserve the right to change, modify, or remove the contents of the Services at any time and for any reason at my sole discretion. I may also revise, update, suspend, discontinue, or otherwise alter the Services at any time, and I am not legally liable to you or any third party for such modifications, price changes, or discontinuation of the Services. Additionally, I cannot guarantee that the Services will be available at all times, as issues such as hardware or software problems, or required maintenance, may result in interruptions, delays, or errors in the Services.
If we are conducting sessions together and I decide to terminate sessions, I will provide you with advance notice and, if you choose, refer you to an appropriate specialist.
These Terms do not obligate me to maintain or support the Services, or to provide any corrections, updates, or new releases.
Force Majeure
- No Party to this Agreement shall be liable for any failure or delay in performing their obligations if the failure or delay is caused by an event beyond their reasonable control. Such events include, but are not limited to, power failures, internet outages, industrial action, civil unrest, fire, floods, storms, earthquakes, acts of terrorism, acts of war, government actions, or any other event beyond the control of the affected Party.
- If a Party cannot fulfill their obligations due to a force majeure event for a continuous period of 30 days, the other Party may choose to terminate this Agreement by providing written notice at the end of that period. In the event of termination, the Parties will agree on a fair and reasonable payment for all Services provided up to the termination date, taking into account any prior commitments made under this Agreement. If we are conducting sessions together, I will provide you with advance notice before terminating our work together and, if you choose, I will refer you to an appropriate provider.
Prohibited Uses
- You may use my Services only for lawful purposes. You agree not to use my Services:
- in any way that breaches any applicable local or international laws;
- for any unlawful or fraudulent purpose or in any manner that has an unlawful or fraudulent effect;
- to send, knowingly receive, upload, download, use, or re-use any material that does not comply with my content standards as outlined in my prevailing terms and conditions;
- to knowingly transmit, send, or upload any material containing viruses, Trojan horses, worms, time-bombs, keystroke loggers, spyware, adware, or other harmful programs or computer code intended to negatively impact the operation of any computer software or hardware.
- You also agree:
- not to exactly reproduce, duplicate, copy, or resell any part of my Services, in contravention of these Terms. Exact copying and reselling of the Services, courses, or content to third parties is not permitted. If permitted by law, you may use information from my website or courses, provided it is properly cited;
- not to access, interfere with, damage, or disrupt without authority:
- any part of my Services;
- any equipment or network on which my Services are stored;
- any software used in the provision of my Services; or
- any equipment, network, or software owned or used by any third party.
Restrictions
- Except as expressly permitted by this Agreement or by applicable law, you agree:
- not to reproduce, copy, modify, adapt, translate, publish, display, communicate, transmit, sell, exploit, or use any part of the Services or their contents for commercial or other purposes. If permitted by law, you may use information from the website or Services, provided it is properly credited;
- not to disassemble, decompile, reverse-engineer, or create derivative works based on any part of the source code of my Services, nor attempt to do so. You also agree not to reproduce, display, or otherwise provide access to my Services or their contents using technological methods such as framing, mirroring, linking, spidering, or scraping;
- not to provide or make available my Services, in whole or in part (including program listings, object and source program listings, object code, or source code), in any form, unless legally permitted and properly credited;
- to include my copyright notice on all full and partial copies you make of my Services in any medium, if applicable;
- to comply with all applicable technology control and export laws;
- not to disrupt, disable, or otherwise impair the proper functioning of my Services or servers, including through hacking, cyber-attacks (such as denial-of-service attacks), tampering, or reprogramming.
Suspension and Termination
- I will determine, at my discretion, whether there has been a breach of these Terms through your use of my Services. If a breach is found, I may take any actions that I deem appropriate.
- Failure to comply with these Terms constitutes a material breach of the terms of use, which may result in the following actions:
- Immediate, temporary, or permanent withdrawal of your right to use my Services. If we are conducting sessions together, I will provide you with advance notice before terminating and, if you choose, refer you to an appropriate provider;
- Issuance of a warning to you;
- Legal proceedings against you to seek reimbursement of all costs on an indemnity basis (including but not limited to reasonable administrative and legal costs) resulting from the breach;
- Further legal action against you; and/or
- Disclosure of information to law enforcement authorities if I reasonably believe it is necessary and in accordance with the law.
- I exclude liability for actions taken in response to breaches of these Terms. The responses listed above are not exhaustive, and I may take any other actions that are reasonably appropriate and within the scope of the law.
Intellectual Property Rights
- You acknowledge that all intellectual property rights in my Services, anywhere in the world, belong to me. Rights in my Services are licensed to you (not sold), and you have no ownership rights in the Services other than the right to use them in accordance with these Terms.
- You acknowledge that you have no right to access my Services in source code form.
- If permitted by law, you may use information from the website or Services, provided that it is properly cited.
- If you print, copy, or download any content from my Services in violation of this Agreement, your right to use the Services will cease immediately, and you must return or destroy all copies of the materials you have made. If we are conducting sessions together, I will provide you with advance notice before terminating our work and, if you choose, refer you to an appropriate professional.
- Notwithstanding any other provision of this Agreement, I retain all rights, title, and interest in and to the following, including any intellectual property rights related to designs, processes, specifications, applications, utilities, methodologies, know-how, materials, information, and skills (including any derivative works, modifications, and enhancements), owned, acquired, or developed by me or my licensors:
- Prior to the Effective Date of this Agreement;
- Independently of, or not in connection with, the performance of the Services;
- In the general conduct of my business or to serve general functions not specific to your unique requirements; or
- If generally applicable, non-site specific, and unrelated to the “look and feel” of the Services or other deliverables in connection with the Services.
- Subject to the foregoing and the fulfillment of your payment obligations, I hereby grant you a personal, non-transferable, worldwide, perpetual, revocable, and non-exclusive license to use my Services under this Agreement as necessary for your use, management, and maintenance of the Services.
Warranties
- While I make reasonable efforts to maintain the accuracy of the information on my Services, they are provided on an “as is” and “as available” basis, unless otherwise specified in writing. I make no representations or warranties of any kind, express or implied, regarding the operation of the Services or related content, unless otherwise specified in writing.
- To the fullest extent permitted by law, I disclaim all express and implied warranties related to my Services, including but not limited to implied warranties of merchantability and fitness for a particular purpose. I do not warrant that the Services, related content, or electronic communications sent by me are free from viruses or other harmful components.
Limitation of Liability
- While I make reasonable efforts to maintain accuracy, I am not legally liable for the completeness, accuracy, or correctness of any information uploaded to my Services or related content. You expressly agree that your use of my Services, including reliance on any advice, is at your sole risk.
- You agree not to use the Services or related content for any resale purposes, unless it is lawful and properly cited. I have no liability to you arising from or in connection with these Terms (including but not limited to your use or inability to use my Services, or any website or software) for:
- loss of profits, sales, business, or revenue;
- business interruption;
- loss of anticipated savings;
- loss or corruption of data or information;
- loss of business opportunity, goodwill, or reputation; or
- any other indirect or consequential loss or damage.
For exceptions to liability, please refer to the Exceptions to Liability section.
Indemnity
You agree to indemnify and hold me harmless from and against all claims, losses, expenses, damages, and costs (including but not limited to direct, incidental, consequential, exemplary, and indirect damages), and reasonable legal fees, arising from or related to your actions, defaults, or omissions. This includes your use of my Services, websites, or software in connection with these Terms, as well as any breach of these Terms or violation of applicable laws or regulations.
For exceptions to liability, please refer to the Exceptions to Liability section.
Exceptions to Liability
- death or personal injury resulting from my negligence;
- fraud; and/or
- any other matter for which I am prohibited by law from limiting or excluding liability.
Other Important Terms
- I may transfer my rights and obligations under these Terms to another organization, but this will not affect your rights or obligations. I will provide you with advance notice of any such transfer.
- You may be able to transfer your rights or obligations under these Terms to another person, but we would need to discuss and agree on this first. You can contact me at [email protected] to initiate this discussion.
- No joint venture, partnership, agency, or employment relationship is created by these Terms.
- These Terms, along with any documents expressly referred to in them, constitute the entire agreement regarding their subject matter and supersede all previous agreements, promises, assurances, warranties, representations, and understandings, whether written or oral. You agree that you have no remedies in respect of any statement, representation, assurance, or warranty not expressly set out in these Terms or any referenced document. To the fullest extent permitted by law, you shall have no claim for innocent misrepresentation based on any statement in these Terms or any referenced document.
- If I fail to insist that you perform any of your obligations under these Terms, or if I do not enforce my rights immediately, this does not mean I have waived those rights. Similarly, if I waive a default by you, this does not mean I automatically waive any later default. Any waiver must be in writing to be effective.
- Each condition of these Terms operates separately. If any court or competent authority decides that any condition is unlawful or unenforceable, the remaining conditions will remain in full force and effect.
- These Terms, their subject matter, and their formation are governed by the laws of the State of New York. In the event of any disputes or claims in connection with these Terms, we will first engage in good faith discussions to resolve the matter. If the dispute or claim is not resolved within sixty (60) days, both parties agree to submit to the exclusive jurisdiction of the courts of New York.