Welcome to progressivetherapist.com!
These Terms and Conditions (the “Terms”) constitute a legal agreement between you and Eugene Belilovsky, operating agent of The Progressive Therapist, LLC (hereinafter “I”, “me”, “my”) and you the user (“you”), governing the use of the services.
- The provisions set out in these Terms govern your access to and your use of my Services and shall constitute a legally binding agreement between you and me.
- I may change such terms from time to time and will plan to notify you accordingly if I do. If you do not agree to such terms, you must not use my Services.
- I reserve the right to, without any notice, explanation, or liability and in my sole discretion, refuse to allow you or suspend your access to my website, course content, etc. at any time, or remove or edit content on my Services or on any of my affiliated websites.
- I reserve the right to change, modify, suspend, or discontinue any portion of the Services, my Services or any other products, services, affiliated websites (including social media pages) and/or other software provided by me in connection with any of the foregoing at any time. You agree that access to or operation of any of the foregoing may from time to time be interrupted or encounter technical difficulties.
My Services And Access License
- I provide course content and related services (“Services”) as set out on my website. Subject to the following bullet point of these Terms, Contents, Deliverables and Fees for my course(s) and sessions be as set out on my website and the relevant subpages.
- Subject to you agreeing to abide by these Terms, I hereby grant to you a revocable, non-exclusive and non-transferable license to use my Services on these Terms.
- You agree your access and use to the Services is not contingent on delivery of any future functionality or features or the delivery of any other services.
Provision of the Services
- With effect from the Commencement Date, I will throughout the Term of this Agreement, provide the Services to you.
- I will provide the Services with reasonable skill and care.
- I will use all reasonable endeavors to accommodate any reasonable changes in the Services that may be requested by you, subject to your acceptance of any related reasonable changes to the Fees that may be due as a result of such changes.
- Nothing in this Agreement will be deemed to require me to undertake any act or perform any services which in my good faith judgment would be misleading, false, libelous, unlawful, in breach of a contract, or otherwise prejudicial to you or my interests.
- The undertakings in this Section 3, shall not apply to the extent of any non-conformance which is caused by use of the Services contrary to my instructions, or modification or alteration of the Services by any party other than me.
- Notwithstanding the foregoing, I am not responsible for any delays, delivery failures, or any other loss or damage resulting from the transfer of data over communications networks and facilities including but not limited to third-party services, including the internet, and you acknowledge that the Services may be subject to limitations, delays and other problems inherent in the use of such communications facilities.
- This agreement shall not prevent me from entering into similar agreements with third parties, or from independently developing, using, selling, or licensing documentation, classes, modules, content and/or services which are similar to those provided under this agreement.
- I warrant that I have and will maintain all necessary professional qualifications necessary for the performance of obligations under this agreement.
- Exact copying and reselling of the Services, course(s), etc. to third parties is not permitted. If it is allowed by law etc., you may use the information on my website, course(s), provided it is properly cited.
Fees and Payment Refunds
- You shall pay such Fees in accordance with the provisions of this Section 4.
- The purchase price for the online course(s) shall be paid simultaneously with the execution of this Agreement as stipulated on my website.
- I reserve the right at any time to modify or discontinue, temporarily or permanently, any payment method.
- I am not responsible for currency conversion fees, wiring fees, transaction costs, or any other processing fees that you may incur.
- My session Fees may be amended from time to time at my discretion. I will provide you with reasonably advanced written notice of any amendment of my session fees.
- You shall be deemed in default of this Agreement upon the failure to comply with any of the terms and conditions of the Agreement. In the case of default, I shall have all rights and remedies available, including termination of this Agreement and institution of an action for all applicable damages. In the case of outstanding session fees, I may suspend all services until the amounts outstanding are paid in full.
- If I delay or refrain from exercising any rights under this Agreement, I do not waive, nor will I lose those rights. If I accept late or partial payments from you, I do not waive the right to receive full and timely payments and other charges due under this Agreement.
- I provide a service, i.e., I conduct sessions with clients. Concrete success is not promised.
- You expressly agree that your use of, or inability to use, my website or my Services is at your sole risk.
- While I try to do my best regarding the services etc., the Services are delivered to you ‘as is’ and ‘as available’ for your use, without any representation, warranties or conditions of any kind, either express or implied, including all implied warranties or conditions of merchantability, merchantable quality, 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 any of my Services. You understand that any use of my Services, suggestion, recommendation, information is at your own risk, with no liability on my part. You accept full responsibility for your use, or non-use, of any information provided by me through any means whatsoever. Your use, or non-use, of this information is at your own risk, and you absolve me of any liability or loss that you or any other person, may incur from your or their use or non-use of my Services, or information provided by me.
- While I try to do my best regarding my services, content, etc., I am not liable for the completeness, accuracy or correctness of any information uploaded on my Services and any Related Content. You expressly agree that your use of my Services, including reliance on any Advice, is at your sole risk.
- You shall use all reasonable endeavors to provide all pertinent information to me that is necessary for my provision of the Services.
- You may, from time to time, issue reasonable instructions to me in relation to my provision of the Services. Any such instructions should be compatible with the specification of the Services.
- In the event that I require the decision, approval, consent or any other communication from you in order to continue with the provision of the Services or any part thereof at any time, you shall provide the same in a reasonable and timely manner.
- Any delay in the provision of the Services resulting from your failure or delay in complying with any of the provisions of this Section 6 shall not be my responsibility or fault.
No Warranty of Success
- While I try to do my best regarding services, content, etc., nothing contained in this Agreement shall be construed as a warranty on the part of either Party that:
- the Services will yield any Result or otherwise be successful,
- any therapeutic approach will yield a specific result or otherwise be successful or
- the outcome of the Services or any Program will be utilizable in any respect.
Modifications and Interruptions
- I reserve the right to change, modify, or remove the contents of the Services at any time or for any reason at my sole discretion. I also reserve the right to modify or discontinue all or part of the Services. However, if we are doing sessions together and I decide to terminate sessions, I will plan to give you advance notice and will also plan to refer you to an appropriate specialist, if you so choose.
- I will not be liable to you or any third party for any modification, price change, suspension, or discontinuance of the Services.
- I cannot guarantee the Services will be available at all times. I may experience hardware, software, or other problems or need to perform maintenance related to the Services, resulting in interruptions, delays, or errors.
- I reserve the right to change, revise, update, suspend, discontinue, or otherwise modify the Services at any time. However, if we are doing sessions together and I decide to terminate sessions, I will plan to give you advance notice and will also plan to refer you to an appropriate specialist, if you so choose. You agree that I have no liability whatsoever for any loss, damage, or inconvenience caused by your inability to access or use the Services during any downtime or discontinuance of the Services.
- Nothing in these Terms will be construed to obligate me to maintain and support the Services or to supply any corrections, updates, or releases in connection therewith.
- No Party to this Agreement shall be liable for any failure or delay in performing their obligations where such failure or delay results from any cause that is beyond the reasonable control of that Party. Such causes include, but are not limited to power failure, internet failure, industrial action, civil unrest, fire, flood, storms, earthquakes, acts of terrorism, acts of war, governmental action or any other event that is beyond the control of the Party in question.
- In the event that a Party to this Agreement cannot perform their obligations hereunder as a result of force majeure for a continuous period of 30 Days, the other Party may at its discretion terminate this Agreement by written notice at the end of that period. In the event of such termination, the Parties shall agree upon a fair and reasonable payment for all Services provided up to the date of termination. Such payment shall take into account any prior contractual commitments entered into in reliance on the performance of this Agreement. If the issue of working together in the form of sessions applies, please note that I will plan to give you advance notice before terminating our work together. In addition, I will plan to refer you to an appropriate provider, if you so choose.
- You may use my Services only for lawful purposes. You may not use my Services:
- in any way that breaches any applicable local or international laws;
- in any way that is unlawful or fraudulent, or has any unlawful or fraudulent purpose or effect;
- to send, knowingly receive, upload, download, use or re-use any material which does not comply with my content standards as set out in my prevailing terms and conditions as amended from time to time; and
- to knowingly transmit any data, send or upload any material that contains viruses, Trojan horses, worms, time-bombs, keystroke loggers, spyware, adware or any other harmful programs or similar computer code designed to adversely affect the operation of any computer software or hardware.
- You also agree:
- not to reproduce, duplicate, copy or re-sell any part of my Services etc., in contravention of the provisions of my Terms; and
- not to access without authority, interfere with, damage or disrupt:
- any part of my Services;
- any equipment or network on which my Services is stored;
- any software used in the provision of my Services; or any equipment or network or software owned or used by any third party.
- Except as expressly set out in this Agreement or as permitted by any applicable law, you undertake:
- not to reproduce, copy, modify, adapt, translate, publish, display, communicate, transmit, sell, exploit or use the whole or any part of any Service etc., or any of the contents therein for any commercial or other purposes. If it is lawful etc., you may use information from the website, services, etc., provided that it is properly credited.
- not to disassemble, decompile, reverse-engineer or create derivative works based on the whole or any part of the source code of my Services nor attempt to do any such thing, or to reproduce, display or otherwise provide access to the Services, my Services or any of the contents therein, including but not limited to framing, mirroring, linking, spidering, scraping or any other technological means;
- not to provide or otherwise make available my Services in whole or in part (including but not limited to program listings, object and source program listings, object code and source code), in any form. Again, If it is lawful etc., you may use information from the website, services, etc., provided that it is properly credited.
- If applicable, to include my copyright notice on all entire and partial copies you make of my Services on any medium;
- to comply with all applicable technology control or export laws; and
- not to disrupt, disable, or otherwise impair the proper working of the Services, my Services or my servers, such as through hacking, cyber-attacks (including but not limited to denial-of-service attacks), tampering or reprogramming.
Suspension and Termination
- I will determine, in my discretion, whether there has been a breach of these Terms through your use of my Services. When a breach of these Terms has occurred, I may take such action as I deem appropriate.
- immediate temporary or permanent withdrawal of your right to use my Services. In the case of doing sessions with a client, I will plan to give the client advance notice before terminating and will refer them to an appropriate provider, if they so choose.
- issuance of a warning to you;
- legal proceedings against you for 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 such information to law enforcement authorities as I reasonably feel is necessary and in accordance with the law.
- I exclude liability for actions taken in response to breaches of these Terms. The responses described in this Section 12 are not limited, and I may take any other actions I reasonably deem are 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, that rights in my Services are licensed (not sold) to you, and that you have no rights in, or to, my Services other than the right to use them in accordance with these Terms.
- You acknowledge that you have no right to have access to my Services in source code form.
- If it is lawful, etc., you may use information from the website, services, etc., provided that it is properly cited.
- If you print off, copy or download any content on my Services in breach of this Agreement, your right to use my Services will cease immediately and you must, at my option, return or destroy any copies of the materials you have made. In the case of working with a client in the form of sessions, I will plan to give you advance notice before terminating our work together. I will also plan to refer you to an appropriate professional, if you so choose.
- Notwithstanding any other provision of this Agreement, as appropriate, I shall retain all right, title and interest in and to, including any intellectual property rights with respect to designs, processes, specifications, applications, utilities, methodologies, know-how, materials, information and skills (and any derivative works, modifications and enhancements thereto) owned, acquired or developed by me or my licensors, and regardless of whether incorporated in any Services:
- prior to the Effective Date;
- independently of, or not in connection with the performance of, the Services;
- in the general conduct of its business or to serve general functions that are 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 forgoing and fulfillment of your payment obligations hereunder, I hereby grant you a personal and non-transferable, worldwide, perpetual, revocable, nonexclusive license, to use my Services pursuant to this Agreement as necessary for or in connection with the use, management and maintenance of such Services.
- While I try to make all reasonable efforts to maintain the accuracy of the information on my Services etc., I provide the Services, and all Related Content 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, as to the operation of any of the foregoing, unless otherwise specified in writing.
- I try to do my best, but, to the full extent permissible by law, I disclaim all warranties, express or implied, relating to my Services or any Services, including but not limited to implied warranties of merchantability and fitness for a particular purpose. I do not warrant that the Services, my Services, the Related Content, or electronic communications sent by me are free of viruses or other harmful components.
Limitation of Liability
- While I try to make all reasonable efforts to maintain accuracy etc., I am not liable for the completeness, accuracy or correctness of any information uploaded on my Services and any 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, and the Related Content for any re-sale purposes, unless it is lawful etc. and you properly cite information etc.. I have no liability to you arising under or in connection with these Terms (including but not limited to the use of, or inability to use, my Services or any other 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.
However, as an exception, nothing in these Terms shall limit or exclude my liability for:
- death or personal injury resulting from my negligence;
- fraud; and/or
- any other matter in respect of which I am prohibited under applicable law from limiting or excluding my liability.
- These Terms set out the full extent of my obligations and liabilities in respect of the supply of the Services and my Services. Except as expressly stated in these Terms, there are no conditions, warranties, representations or other terms, express or implied, that are binding on us. Any condition, warranty, representation or other term concerning the supply of the Services and my Services which might otherwise be implied into, or incorporated in, these Terms whether by statute, common law or otherwise, is excluded to the fullest extent permitted by law.
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, resulting from or arising out of your act, default or omission, whether in your use of my Services and/or any websites or software in relation thereto or otherwise, and whether in respect of your breach of these Terms or any laws or regulations or otherwise.
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 under these Terms. I would plan to let you know about this in advance.
- It may be possible to transfer your rights or your obligations under these Terms to another person but we would need to discuss this first. You can contact me at Eugene@progressivetherapist.com if this is the case.
- No joint venture, partnership or agency or employment relationship has arisen by reason of these Terms.
- These Terms and any document expressly referred to in it constitutes the entire agreement regarding their subject matter, and supersedes and extinguishes all previous agreements, promises, assurances, warranties, representations, and understandings, whether written or oral, relating to that subject matter. You agree that you shall have no remedies in respect of any statement, representation, assurance or warranty, that is not set out in these Terms, or any document expressly referred to in it. You agree that you shall have no claim for innocent misrepresentation based on any statement in these Terms or any document expressly referred to in it.
- If I fail to insist that you perform any of your obligations under these Terms, or if I do not enforce my rights against you, or if I delay in doing so, that will not mean that I have waived my rights against you and will not mean that you do not have to comply with those obligations. If I do waive a default by you, I will only plan to do so in writing, and that will not mean that I will automatically waive any later default by you.
- Each of the conditions of these Terms operates separately. If any court or competent authority decides that any of them are unlawful or unenforceable, the remaining conditions will remain in full force and effect.
- These Terms, its subject matter and its formation, and any other disputes or claims in connection therewith, are governed by the law of the State of New York. In the event of any such disputes or claims in connection with these Terms, you agree to first engage in good faith discussions with me to resolve such dispute or claim. If such dispute or claim is not resolved within sixty (60) days, I both irrevocably submit to the exclusive jurisdiction of the courts of New York.