No Medical or Psychiatric Advice or Therapy
Stress Shifter is a provider of online and mobile content in the health & wellness space. We are not a health care or medical device provider, nor should our Products be considered medical advice. Only your physician or other health care provider can do that. While there is third party evidence from research that meditation or similar practices can assist in the prevention and recovery process for a wide array of conditions as well as in improving some performance and relationship issues, Stress Shifter makes no claims, representations or guarantees that the Products provide a therapeutic benefit.
Any advice or other materials in the Products are intended for general information purposes only. They are not intended to be relied upon and are not a substitute for professional medical advice based on your individual condition and circumstances. The advice and other materials we make available are intended to support the relationship between you and your healthcare providers and not replace it. We are not liable or responsible for any consequences of your having read or been told about such advice or other materials as you assume full responsibility for your decisions and actions. In particular, to the fullest extent permitted by law, we make no representation or warranties about the accuracy, completeness, or suitability for any purpose of the advice, other materials and information published as part of the Products. People with existing mental health conditions should speak with their health care providers before starting a stress shifter practice.
1.1 The Products may let you submit material to us: for example, you may be able to upload a photo to your profile, post subjects and comments in the community and comment on various matters in various parts of the Products. You may be able to upload video, images or sounds. In these Terms, we use the term “User Material” to refer to any publicly available material of any kind that you submit to us, including text, files, images, photos, video, sounds and musical or literary works. User Material does not include the account information, Product purchase, or Product use information which you provide in registering for and using Products.
1.2 This section sets out the rights and obligations that each of us have in connection with User Material. If you review or submit User Material, you are agreeing to do so in accordance with these Terms. If you do not want to review or submit User Material in accordance with these Terms, then you should not do so.
1.3 We do not systematically review User Material submitted by you or other users. We are not responsible for the content of User Material provided by you or any other user. We do not necessarily endorse any opinion contained in such material. We make no warranties or representations, express or implied, about User Material, including as to its legality or accuracy.
1.4 We reserve the right, in our sole discretion, to refuse to post or to remove or edit any of your User Material, or to restrict, suspend, or terminate your access to all or any part of the Products, particularly where User Material breaches this section, and we may do this with or without giving you any prior notice.
1.5 We may link User Material or parts of User Material to other material, including material submitted by other users or created by Stress Shifter or other third parties. We may use User Material for our internal business purposes, for example, to examine trends or categories or to promote, market or advertise Stress Shifter. You acknowledge that we may indirectly commercially benefit from use of your User Material.
1.6 Each time you submit User Material to us, you represent and warrant to us as follows:
(a) You own your User Material or have the right to submit it, and in submitting it you will not be infringing any rights of any third party, including intellectual property rights (such as copyright or trade mark), privacy or publicity rights, rights of confidentiality or rights under contract.
(b) Your User Material is not illegal, obscene, defamatory, threatening, pornographic, harassing, hateful, racially or ethnically offensive, and does not encourage conduct that would be considered a criminal offense, and does not give rise to civil liability, violate any law, or is otherwise deemed inappropriate.
(c) Your User Material does not advertise any product or service or solicit any business.
(d) Your User Material does not identify any individual (including by way or name, address or a still picture or video) under the age of 18 and if User Material identifies any individual over the age of 18, you have that person’s consent to being identified in exactly that way in your User Material; and in submitting your User Material you are not impersonating any other person.
(e) You will not collect usernames and/or email addresses of users for the purpose of sending unsolicited email.
(f) You will not engage in criminal activity, including fraud, spamming, sending of viruses or other harmful files, copyright infringement, patent infringement, or theft of trade secrets or attempt to impersonate another user or person.
(g) You will not engage in any automated use of the system, such as using scripts to alter our content.
(h) You will not, without authorization, access, tamper with, or use non-public areas of the Products, Stress Shifter’s computer systems, or the technical delivery systems of Stress Shifter’s providers.
(i) Except as necessary to maintain your own computer security by use of commercial-off-the-shelf anti-virus or anti-malware products, you will not attempt to probe, scan, or test the vulnerability of the Products or any other Stress Shifter system or network or breach any security or authentication measures.
1.7 We are entitled to identify you to third parties who claim that their rights have been infringed by User Material you have submitted.
1.8 User Material is not considered to be confidential. You agree not to submit any content as User Material in which you have any expectation of privacy. We do not claim any ownership rights in User Material. However, by submitting User Material you hereby grant Stress Shifter an irrevocable, perpetual, non-exclusive, royalty free, worldwide license to use, telecast, copy, perform, display, edit, distribute and otherwise exploit the User Material you post on the Products, or any portion thereof, and any ideas, concepts, or know how contained therein, with or without attribution, and without the requirement of any permission from or payment to you or to any other person or entity, in any manner (including, without limitation, for commercial, publicity, trade, promotional, or advertising purposes) and in any and all media now known or hereafter devised, and to prepare derivative works of, or incorporate into other works, such User Material, and to grant and authorize sub licenses of the foregoing without any payment of money or any other form of consideration to you or to any third party. Stress Shifter may include your User Material in Stress Shifter’s Distribution Content that is made available to others through the Products. Be aware that Stress Shifter has no control over User Material once it leaves the Products, and it is possible that others may duplicate material found on the Products, including, but not limited to, on other sites on the Internet. You represent and warrant that you own or otherwise control the rights to your User Material. You agree to indemnify Stress Shifter and its affiliates for all claims arising from or in connection with any claims to any rights in your User Material or any damages arising from your User Material.
1.9 Any inquiries, feedback, suggestions, ideas, other information which is not part of your use of the Products or User Material that you provide to us (collectively, “Submissions”) will be treated as non-proprietary and non-confidential. By transmitting, uploading, posting, e-mailing, or otherwise submitting Submissions to the Products, you grant, and you represent and warrant that you have the right to grant, to Stress Shifter an irrevocable, perpetual, non-exclusive, royalty free, worldwide license to use, telecast, copy, perform, display, edit, distribute and otherwise exploit the Submissions, or any portion thereof and any ideas, concepts, or know how contained therein, with or without attribution, and without the requirement of any permission from or payment to you or to any other person or entity, in any manner (including, without limitation, for commercial, publicity, trade, promotional, or advertising purposes) and in any and all media now known or hereafter devised, and to prepare derivative works of, or incorporate into other works, such Submissions, and to grant and authorize sub licenses of the foregoing without any payment of money or any other form of consideration to you or to any third party. You also acknowledge that your Submissions will not be returned to you and that Stress Shifter has no obligation to acknowledge receipt of or respond to any Submissions. If you make a Submission, you represent and warrant that you own or otherwise control the rights to your Submission. You agree to indemnify Stress Shifter and its affiliates for all claims arising from or in connection with any claims to any rights in any Submission or any damages arising from any Submission.
PROHIBITED USE OF THE PRODUCTS
2.1 You agree not to upload, post, email or otherwise send or transmit or introduce any material that contains software viruses or any other computer code, files or programs designed to interrupt, harm, damage, destroy or limit the functionality of any computer software or hardware or equipment linked directly or indirectly with the Products or the Products themselves. You agree not to interfere with the servers or networks underlying or connected to the Products or to violate any of the procedures, policies or regulations of networks connected to the Products. You may not access the Products in an unauthorized manner.
2.2 You agree not to impersonate any other person while using the Products, conduct yourself in an offensive manner while using the Products, or use the Products for any illegal, immoral or harmful purpose.
2.3 By breaching the provisions of this section you may commit a criminal offense under applicable laws. We may report any such breach to the relevant law enforcement authorities and we may cooperate with those authorities by disclosing your identity to them. In the event of such a breach, your right to use the Products will cease immediately.
All third - party Member Content and other material posted or made available by and through the Stress Shifter Offerings including, but not limited to, the design, selection, arrangement and coordination of such Stress Shifter Offerings, is owned by, or licensed to, Stress Shifter and is protected under applicable copyright, trademark and other proprietary (including, but not limited to, intellectual property) rights. Except as expressly provided in the Agreement, no part of the Stress Shifter Offerings and/or third - party Member Content may be reproduced, recorded, retransmitted, sold, rented, broadcast, distributed, published, uploaded, posted, publicly displayed, altered to make new works, performed, digitized, compiled, translated or transmitted in any way to any other computer, website or other medium or for any commercial purpose, without Stress Shifter’s prior express written consent. Except as expressly provided in the Agreement, you are not granted any rights or license to patents, copyrights, trade secrets, rights of publicity, service marks or trademarks with respect to any of the Stress Shifter Offerings, third - party Member Content or any document, software, services or other materials viewed at or through same. The posting of information or material by and through the Stress Shifter Offerings by Stress Shifter, any Member or any Third - Party Provider does not constitute a waiver of any right in or to such information and materials. Stress Shifter reserves all rights not expressly granted in the Agreement. The “Stress Shifter” name and logo are trademarks of Stress Shifter. All custom graphics, icons and service names are trademarks and/or copyrights of Stress Shifter. All other trademarks are the property of their respective owners. The use of any Stress Shifter trademarks, service marks, copyrights, patents, trade secrets, domain names, and/or other proprietary rights without Stress Shifter’s express written consent is strictly prohibited.
You agree to indemnify and hold Stress Shifter, its parents and subsidiaries, and each of their respective members, officers, directors, employees, agents, co - branders, content licensors and/or other partners, harmless from and against any and all claims, expenses (including reasonable attorneys’ fees), damages, suits, costs, demands and/or judgments whatsoever, made by any third - party due to or arising out of: (a) your use of any of the Stress Shifter Offerings; (b) your breach of the Agreement; (c) your violation of any rights of another individual and/or entity; (d) any dispute between you and any Member, Third - Party Provider or other third - party; (e) your Member Content; and (f) any dispute between you and Facebook™ and/or Twitter™. The provisions of this Section 17 are for the benefit of Stress Shifter, its parents, subsidiaries and/or affiliates, and each of their respective officers, directors, members, employees, agents, shareholders, licensors, suppliers and/or attorneys. Each of these individuals and entities shall have the right to assert and enforce these provisions directly against you on its own behalf.
Limitation of Liability
YOU EXPRESSLY UNDERSTAND AND AGREE THAT STRESS SHIFTER SHALL NOT BE LIABLE TO YOU OR ANY THIRD - PARTY FOR ANY DIRECT, INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL AND/OR EXEMPLARY DAMAGES INCLUDING, BUT NOT LIMITED TO, DAMAGES FOR PAIN AND SUFFERING, PERSONAL INJURY/WRONGFUL DEATH, LOSS OF INCOME, LOSS OF CONSORTIUM, BUSINESS INTERRUPTION, OR DAMAGES FOR LOSS OF PROFITS, GOODWILL, LOSS OF DATA OR OTHER INTANGIBLE LOSSES (EVEN IF STRESS SHIFTER HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES). TO THE FULLEST EXTENT PERMISSIBLE BY LAW, STRESS SHIFTER ALSO SHALL NOT BE LIABLE TO YOU OR ANY THIRD - PARTY FOR: (A) THE USE OR THE INABILITY TO USE THE STRESS SHIFTER OFFERINGS, MEMBER CONTENT AND/OR ANY OTHER STRESS SHIFTER PRODUCTS AND/OR SERVICES; (B) THE COST OF PROCUREMENT OF SUBSTITUTE GOODS AND SERVICES RESULTING FROM ANY GOODS, DATA, INFORMATION, CONTENT AND /OR ANY OTHER STRESS SHIFTER PRODUCTS AND/OR SERVICES PURCHASED OR OBTAINED FROM OR THROUGH THE STRESS SHIFTER OFFERINGS AND/OR MEMBER CONTENT; (C) THE FAILURE TO REALIZE ANY SPECIFIC STRESS REDUCTION, MENTAL HEALTH, PSYCHIATRIC OR OTHER BENEFIT OR RELATED OUTCOME; AND (D) ANY OTHER MATTER RELATING TO THE STRESS SHIFTER OFFERINGS, MEMBER CONTENT AND/OR ANY OTHER STRESS SHIFTER PRODUCTS AND/OR SERVICES. THIS LIMITATION APPLIES TO ALL CAUSES OF ACTION, IN THE AGGREGATE INCLUDING, BUT NOT LIMITED TO, SECURITIES LAW VIOLATIONS, BREACH OF CONTRACT, BREACH OF WARRANTY, NEGLIGENCE, STRICT LIABILITY, MEDICAL AND OTHER MALPRACTICE, MISREPRESENTATION AND ANY AND ALL OTHER TORTS. YOU HEREBY RELEASE STRESS SHIFTER FROM ANY AND ALL OBLIGATIONS, LIABILITIES AND CLAIMS IN EXCESS OF THE LIMITATIONS STATED HEREIN. IF APPLICABLE LAW DOES NOT PERMIT SUCH LIMITATION, THE MAXIMUM LIABILITY OF STRESS SHIFTER TO YOU UNDER ANY AND ALL CIRCUMSTANCES WILL BE FIVE HUNDRED DOLLARS ($500.00). NO ACTION, REGARDLESS OF FORM, ARISING OUT OF YOUR USE OF THE STRESS SHIFTER OFFERINGS, MEMBER CONTENT AND/OR ANY OTHER STRESS SHIFTER PRODUCTS AND/OR SERVICES MAY BE BROUGHT BY YOU OR STRESS SHIFTER MORE THAN ONE (1) YEAR FOLLOWING THE EVENT WHICH GAVE RISE TO THE CAUSE OF ACTION. THE NEGATION OF DAMAGES SET FORTH ABOVE IS A FUNDAMENTAL ELEMENT OF THE BASIS OF THE BARGAIN BETWEEN YOU AND STRESS SHIFTER. ACCESS TO THE STRESS SHIFTER OFFERINGS, MEMBER CONTENT AND/OR ANY OTHER STRESS SHIFTER PRODUCTS AND/OR SERVICES WOULD NOT BE PROVIDED TO YOU WITHOUT SUCH LIMITATIONS. SOME JURISDICTIONS DO NOT ALLOW CERTAIN LIMITATIONS ON LIABILITY AND IN SUCH JURISDICTIONS STRESS SHIFTER’S LIABILITY SHALL BE LIMITED TO THE MAXIMUM EXTENT PERMITTED BY LAW.