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Your Agreement with Gay Man Thriving, Inc.

Your use of the Gay Man Thriving, Inc Service is governed by this agreement (the “Terms”). The “Service” means the services Gay Man Thriving, Inc makes available include our web sites (http://gaymanthriving.com/), our blog, our API, and any other software, sites, and services offered by Gay Man Thriving, Inc. in connection to any of those.

In order to use the Service, You (the “Customer”, “You”, or “Your”) must first agree to the Terms. You understand and agree that Gay Man Thriving, Inc. will treat Your use of the Service as acceptance of the Terms from that point onwards.

Gay Man Thriving, Inc may make changes to the Terms from time to time. You may reject the changes by terminating Your account. You understand and agree that if You use the Service after the date on which the Terms have changed, Gay Man Thriving, Inc will treat Your use as acceptance of the updated Terms.

If you have any question about the Terms, please contact us at wecare@gaymanthriving.com.

Your Account

  • You may not use the Service if You are a person barred from receiving the Service under the laws of the United States or other countries, including the country in which You are resident or from which You use the Service.
  • You may not use the service unless you are over the age of 13.
  • You must be a human. Account created by automated methods are not permitted.

Use of the Service

  • You must provide accurate and complete registration information any time You register to use the Service.
  • You are responsible for the security of Your passwords and for any use of Your account.
  • Your use of the Service must comply with all applicable laws, regulations and ordinances.
  • You agree to not engage in any activity that interferes with or disrupts the Service.
  • Gay Man Thriving, Inc reserves the right to enforce quotas and usage limits (to any resources, including the API) at its sole discretion, with or without notice, which may result in Gay Man Thriving, Inc disabling or throttling your usage of the Service for any amount of time.
  • You may not allow multiple people to use the same account or otherwise access the Service in a manner intended to avoid incurring fees.

Content Disclaimer

The content of the Gay Man Thriving, Inc websites, products, and team have been prepared for general information purposes only by writers who have personal experience in personal development, but who are not themselves professionals in the medical field. The content should not be construed as medical advice or a professional opinion on any specific facts or circumstances. Information given in any manner is not guaranteed to be accurate or complete, and you should not rely on it to make any medical or other decisions. The information in these products and websites thus should be construed as merely the personal opinions of writers who have struggled with relationships and personal growth.

We expressly disclaim all liability with respect to actions taken or not taken based on any of the contents of this Website. If we provide any specific examples of outcomes here, please be advised that we cannot guarantee a similar outcome.

Fees for Use of the Service

  • The Service may be provided to You without charge up with certain limits or for a certain “trial” period of time.
  • Usage over this limit (or after the “trial” period)  requires Your purchase of additional resources or services.
  • All fees are exclusive of all taxes, levies, or duties imposed by taxing authorities, and You shall be responsible for payment of all such taxes, levies, or duties.
  • You acknowledge and agree that any credit card and related billing and payment information that You provide to Gay Man Thriving, Inc may be shared by Gay Man Thriving, Inc with companies who work on Gay Man Thriving, Inc’s behalf, such as payment processors and/or credit agencies, solely for the purposes of checking credit, effecting payment to Gay Man Thriving, Inc and servicing Your account.
  • Gay Man Thriving, Inc may change its fees and payment policies for the Service by notifying You at least thirty (30) days before the beginning of the billing cycle in which such change will take effect.

Refunds for Consults and Coaching Services

Refunds for Consults and Coaching Services
No refunds are offered in any program.
 

Refunds for Consults and Coaching Services

There are no refunds for consultations.

 

Ideas and Feedback

You may choose to or we may invite You to submit comments or ideas about the Service, including but not limited to ideas about improving the Service or our products (“Ideas”). By submitting any Idea, You agree that Your disclosure is unsolicited and without restriction and will not place Gay Man Thriving, Inc under any fiduciary or other obligation, and that we are free to use the Idea without any additional compensation to You, and/or to disclose the Idea on a non-confidential basis or otherwise to anyone.

Modification of the Service

  • You acknowledge and agree that the Service may change from time to time without prior notice to You.
  • Changes include, without limitation, changes to fee and payment policies, security patches, added or removed functionality, and other enhancements or restrictions.
  • Gay Man Thriving, Inc shall not be liable to you or to any third party for any modification, price change, suspension or discontinuance of the Service.

External Resources

The Service may include hyperlinks to other web sites or content or resources or email content. You acknowledge and agree that Gay Man Thriving, Inc is not responsible for the availability of any such external sites or resources, and does not endorse any advertising, products or other materials on or available from such web sites or resources.

Our Copyright Dispute Policy

Gay Man Thriving, Inc respects the intellectual property of others and requires that our users do the same. It is our policy to terminate the membership of repeat infringers. If you believe that material or content residing on or accessible through the Service infringes a copyright, please send a notice of copyright infringement containing the following information to the Designated Copyright Agent listed below:

  • identification of the claimed infringing material and information reasonably sufficient to permit us to locate the material on the Sartory Wellness, LLC Service (providing the URL(s) of the claimed infringing material satisfies this requirement);
  • information reasonably sufficient to permit us to contact you, such as an address, telephone number, and an email address;
  • 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;
  • a statement by you, made under penalty of perjury, that the above information in your notification is accurate and that you are the copyright owner or are authorized to act on the copyright owner’s behalf; and
  • your physical or electronic signature.

Our Designated Copyright Agent for notification of claimed infringement can be reached by email at: wecare@gaymanthriving.com 

Links to Other Websites

The Service may contain advertisements and/or links to other websites (“Third Party Sites”). Gay Man Thriving, Inc does not endorse, sanction or verify the accuracy or ownership of the information contained in/on any Third Party Site or any products or services advertised on Third Party Sites. If you decide to leave the Site and navigate to Third Party Sites, or install any software or download content from any such Third Party Sites, you do so at your own risk. Once you access a Third Party Site through a link on our Site, you may no longer be protected by these Terms of Service and you may be subject to the terms and conditions of such Third Party Site. You should review the applicable policies, including privacy and data gathering practices, of any Third Party Site to which you navigate from the Site, or relating to any software you use or install from a Third Party Site. Concerns regarding a Third Party Site should be directed to the Third Party Site itself. Gay Man Thriving, Inc bears no responsibility for any action associated with any Third Party Site.

Disclaimer of Warranties

IF YOU ACCESS THE SERVICE, YOU DO SO AT YOUR OWN RISK. WE PROVIDE THE SERVICE “AS IS”, “WITH ALL FAULTS” AND “AS AVAILABLE.” WE MAKE NO EXPRESS OR IMPLIED WARRANTIES OR GUARANTEES ABOUT THE SERVICE. TO THE MAXIMUM EXTENT PERMITTED BY LAW, WE HEREBY DISCLAIM ALL SUCH WARRANTIES, INCLUDING ALL STATUTORY WARRANTIES, WITH RESPECT TO THE SERVICE, INCLUDING WITHOUT LIMITATION ANY WARRANTIES THAT THE SERVICE IS MERCHANTABLE, OF SATISFACTORY QUALITY, ACCURATE, FIT FOR A PARTICULAR PURPOSE OR NEED, OR NON-INFRINGING. WE DO NOT GUARANTEE THAT THE RESULTS THAT MAY BE OBTAINED FROM THE USE OF THE SERVICE WILL BE EFFECTIVE, RELIABLE OR ACCURATE OR WILL MEET YOUR REQUIREMENTS. WE DO NOT GUARANTEE THAT YOU WILL BE ABLE TO ACCESS OR USE THE SERVICE (EITHER DIRECTLY OR THROUGH THIRD-PARTY NETWORKS) AT TIMES OR LOCATIONS OF YOUR CHOOSING. WE ARE NOT RESPONSIBLE FOR THE ACCURACY, RELIABILITY, TIMELINESS OR COMPLETENESS OF INFORMATION PROVIDED BY ANY OTHER USERS OF THE SERVICE OR ANY OTHER DATA OR INFORMATION PROVIDED OR RECEIVED THROUGH THE SERVICE. EXCEPT AS EXPRESSLY SET FORTH HEREIN, Gay Man Thriving, Inc MAKES NO WARRANTIES ABOUT THE INFORMATION SYSTEMS, SOFTWARE AND FUNCTIONS MADE ACCESSIBLE BY OR THROUGH THE SERVICE OR ANY SECURITY ASSOCIATED WITH THE TRANSMISSION OF SENSITIVE INFORMATION. Gay Man Thriving, Inc DOES NOT WARRANT THAT THE SERVICE WILL OPERATE ERROR-FREE, THAT ERRORS IN THE SERVICE WILL BE FIXED, THAT LOSS OF DATA WILL NOT OCCUR, OR THAT THE SERVICE OR SOFTWARE ARE FREE OF COMPUTER VIRUSES, CONTAMINANTS OR OTHER HARMFUL ITEMS. UNDER NO CIRCUMSTANCES WILL Gay Man Thriving, Inc, ANY OF OUR AFFILIATES, DISTRIBUTORS, PARTNERS, LICENSORS, AND/OR ANY OF OUR OR THEIR DIRECTORS, OFFICERS, EMPLOYEES, CONSULTANTS, AGENTS, OR OTHER REPRESENTATIVES BE LIABLE FOR ANY LOSS OR DAMAGE CAUSED BY YOUR RELIANCE ON INFORMATION OBTAINED THROUGH THE SERVICE.

Limitations on Liability

YOUR SOLE AND EXCLUSIVE REMEDY FOR ANY DISPUTE WITH US IS THE CANCELLATION OF YOUR REGISTRATION. IN NO EVENT SHALL OUR TOTAL CUMULATIVE LIABILITY TO YOU FOR ANY AND ALL CLAIMS RELATING TO OR ARISING OUT OF YOUR USE OF THE SERVICE, REGARDLESS OF THE FORM OF ACTION, EXCEED THE GREATER OF: (A) THE TOTAL AMOUNT OF FEES, IF ANY, THAT YOU PAID TO UTILIZE THE SERVICE OR (B) ONE HUNDRED DOLLARS ($100). IN NO EVENT SHALL WE BE LIABLE TO YOU (OR TO ANY THIRD PARTY CLAIMING UNDER OR THROUGH YOU) FOR ANY DIRECT, INDIRECT, SPECIAL, INCIDENTAL, CONSEQUENTIAL, PUNITIVE OR EXEMPLARY DAMAGES OR ANY BODILY INJURY, EMOTIONAL DISTRESS, DEATH OR ANY OTHER DAMAGES ARISING FROM YOUR USE OF OR INABILITY TO USE THE SERVICE, WHETHER ON-LINE OR OFF-LINE, OR OTHERWISE IN CONNECTION WITH THE SERVICE. THESE EXCLUSIONS APPLY TO ANY CLAIMS FOR LOST PROFITS, LOST DATA, LOSS OF GOODWILL OR BUSINESS REPUTATION, COST OF PROCUREMENT OF SUBSTITUTE GOODS OR SERVICES, WORK STOPPAGE, COMPUTER FAILURE OR MALFUNCTION, ANY OTHER COMMERCIAL DAMAGES OR LOSSES, OR ANY PERSONAL INJURY OR PROPERTY DAMAGES, EVEN IF WE KNEW OR SHOULD HAVE KNOWN OF THE POSSIBILITY OF SUCH DAMAGES. BECAUSE SOME STATES OR JURISDICTIONS DO NOT ALLOW THE EXCLUSION OR THE LIMITATION OF LIABILITY FOR CONSEQUENTIAL OR INCIDENTAL DAMAGES, IN SUCH STATES OR JURISDICTIONS, OUR LIABILITY SHALL BE LIMITED TO THE EXTENT PERMITTED BY LAW. IF YOU ARE A CALIFORNIA RESIDENT, YOU WAIVE YOUR RIGHTS WITH RESPECT TO CALIFORNIA CIVIL CODE SECTION 1542, WHICH SAYS “A GENERAL RELEASE DOES NOT EXTEND TO CLAIMS WHICH THE CREDITOR DOES NOT KNOW OR SUSPECT TO EXIST IN HIS FAVOR AT THE TIME OF EXECUTING THE RELEASE, WHICH, IF KNOWN BY HIM MUST HAVE MATERIALLY AFFECTED HIS SETTLEMENT WITH THE DEBTOR.”

Indemnification

You agree to hold harmless and indemnify Gay Man Thriving, Inc , and its subsidiaries, affiliates, officers, agents, employees, advertisers, licensors, suppliers or partners (collectively “Gay Man Thriving, Inc and Partners”) from and against any third party claim arising from or in any way related to (a) Your breach of the Terms, (b) Your use of the Service, or (c) Your violation of applicable laws, rules or regulations in connection with the Service, including any liability or expense arising from all claims, losses, damages (actual and consequential), suits, judgments, litigation costs and attorneys’ fees, of every kind and nature. In such a case, Sartory Wellness, LLC will provide You with written notice of such claim, suit or action.

Choice of Law and Dispute Resolution

The Terms of Service shall be deemed to have been entered into and shall be construed and enforced in accordance with the laws of the State of Texas as applied to contracts made and performed entirely within Texas, without giving effect to any conflicts of law statutes. Any controversy, dispute or claim arising out of or related to the Terms of Service or the Service shall be settled by final and binding arbitration to be conducted by an arbitration tribunal in the State of Texas and the City of Austin, pursuant to the rules of the American Arbitration Association. Any and all disputes that you may have with Gay Man Thriving, Inc shall be resolved individually, without resort to any form of class action.

General Legal Terms

The Terms constitute the whole legal agreement between You and Gay Man Thriving, Inc and govern Your use of the Service and completely replace any prior agreements between You and Gay Man Thriving, Inc in relation to the Service.

If any part of the Terms of Service is held invalid or unenforceable, that portion shall be construed in a manner consistent with applicable law to reflect, as nearly as possible, the original intentions of the parties, and the remaining portions shall remain in full force and effect.

The failure of Gay Man Thriving, Inc to exercise or enforce any right or provision of the Terms of Service shall not constitute a waiver of such right or provision. The failure of either party to exercise in any respect any right provided for herein shall not be deemed a waiver of any further rights hereunder.

You agree that if Gay Man Thriving, Inc does not exercise or enforce any legal right or remedy which is contained in the Terms (or which Gay Man Thriving, Inc has the benefit of under any applicable law), this will not be taken to be a formal waiver of Gay Man Thriving, Inc rights and that those rights or remedies will still be available to Gay Man Thriving, Inc .

Gay Man Thriving, Inc shall not be liable for failing or delaying performance of its obligations resulting from any condition beyond its reasonable control, including but not limited to, governmental action, acts of terrorism, earthquake, fire, flood or other acts of God, labor conditions, power failures, and Internet disturbances.

 

We may assign this contract at any time to any parent, subsidiary, or any affiliated company, or as part of the sale to, merger with, or other transfer of our company to another entity.

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