TERMS AND CONDITIONS FOR COMMUNITY MEMBERSHIP WEBSITE
Welcome to the Improve Your Relationships (“the Company”) website. This site is maintained as a service to our customers. By using this site, you agree to comply with and be bound by the following terms and conditions (“TOC”) of use. The TOC may be updated from time to time without notice. Please READ Carefully by purchasing this product you (herein referred to as “Client”) agree to the following terms stated herein.
Agreement/Description of Service
This Agreement (the “Agreement’”) specifies the Terms and Conditions for access to and use of alanrobarge.cmnty.com (the “Site’” and/or the “Program”) and describes the terms and conditions applicable to your access of and use of the Site. This Agreement may be modified at any time. Any such modifications shall be effective immediately. You can view the most recent version of these terms at any time by visiting the Site. Each use by you shall constitute and be deemed your unconditional acceptance of this Agreement. The Site provides users access to educational resources, including but not limited to communication tools, group chat, forums, and branded programming (the “Service”). The Service includes communications such as posting guidelines, newsletters, administrative messages, and service announcements. These communications are part of the membership. New features added to the Service are subject to the TOC. You understand and agree that the Service is provided to members “AS-IS” and that the Site assumes no responsibility for member content contained within the Site, including mis-delivery, failure of storage for any user communications and/or user personalization settings, timeliness, and/or deletion of content both intentional or accidental. Members are responsible for their own internet services to access the Site, which may involve third party fees. Members are responsible for those fees. Members provide and be responsible for any/all associated equipment needed in order to access Service.
Disclaimer of Services
Client understands Alan Robarge (herein referred to as “Consultant”) and the company is not an employee, agent, lawyer, doctor, manager, therapist, public relations or business manager, registered dietician, or life coach, psychotherapist or accountant. Client understands that Consultant has not promised, shall not be obligated to and will not; (1) procure or attempt to procure any specific outcomes for personal gain and/or personal development; (2) Perform any management functions including but not limited to consulting or advice with regard thereto; (3) act as a therapist providing psychoanalysis, psychological counselling or behavioral therapy; (4) act as a personal life/relationship coach. Client understands that a relationship does not exist between the parties after the conclusion of membership in this program. If the Parties continue their relationship, a separate agreement will be entered into. The Consultant’s role is specifically and solely as a content curator and website administrator for educational purposes without any intended outcomes or personal application of said content.
Members are applying to an online, learning community. Program content, member conversations, asking advice, and offering feedback are intended for educational purposes only. Improve Your Relationships is not a therapy or mental health support group. All content is presented from a model of self-directed healing, which means each member is responsible for his or her own experience. No beneficial outcomes of any kind are stated, suggested, and/or implied, including whether or not personal/individual relationships "improve." The creator and administrator of Improve Your Relationships is Alan Robarge. Mr. Robarge's role within the group is strictly administrative and is not intended to be clinically therapeutic or professionally supportive of any member's personal process with regards to any and all content presented, including marketing materials. It is not stated, suggested, and/or implied at any time that community members are working directly or indirectly with Alan Robarge in any professional relationship or capacity as an individual client of relationship coaching and/or psychotherapy.
Client/Site User Responsibility
The Improve Your Relationships Program is developed for strictly educational purposes ONLY. Client accepts and agrees that Client is 100% responsible for their progress and self-directed results from the Program. Company makes no representations, warranties or guarantees verbally or in writing. Client understands that because of the nature of the program and extent, the results experienced by each client may significantly vary. Client acknowledges that as with any personal-growth endeavor, there is no guarantee that Client will reach their goals as a result of participation in the Program. Program education and information is intended for a general audience and does not purport to be, nor should it be construed as, specific advice tailored to any individual. Company assumes no responsibility for errors or omissions that may appear in any program materials.
No Transfer of Intellectual Property
Improve Your Relationship program is copyrighted and original materials that have been provided to Client are for Client’s individual use only and a single-user license. Client is not authorized to use any of Company’s intellectual property for Client’s business purposes. All intellectual property, including Company’s copyrighted program and/or course materials, shall remain the sole property of Improve Your Relationships. No license to sell or distribute Company’s materials is granted or implied. By purchasing this product, Client agrees (1) not to infringe any copyright, patent, trademark, trade secret, or other intellectual property rights, (2) that any Confidential Information shared by the Company is confidential and proprietary, and belongs solely and exclusively to the Company, (3) Client agrees not to disclose such information to any other person or use it in any manner other than in discussion with the Company. Further, by purchasing this product, Client agrees that if Client violates, or displays any likelihood of violating, any of Client’s agreements contained in this paragraph, the Company will be entitled to injunctive relief to prohibit any such violations and to protect against the harm of such violations.
Intellectual Property Ownership: Content
All content included on this site is and shall continue to be the property of Improve Your Relationships or its content suppliers and is protected under applicable copyright, patent, trademark, and other proprietary rights. Any copying, redistribution, use or publication by you of any such content or any part of the Site is prohibited without express permission by Alan Robarge for Improve Your Relationships. Under no circumstances will you acquire any ownership rights or other interest in any content by or through your use of this site. [Trademark] is the trademark or registered trademark of Improve Your Relationships. Other product and company names mentioned on this Site may be trademarks of their respective owners.
Intellectual Property Ownership: Client/User Contributed Content.
By accessing our forum, bulletin board, chat room, or any other user interactive area of our site, and placing any information in any of those areas, you hereby grant us a perpetual, irrevocable, royalty free license in and to such materials, including but not limited to under complete confidentiality of the poster’s identity the right to post, publish, transmit, distribute, create derivative works based upon, create translations of, modify, amend, enhance, change, display and publicly perform such materials in any form or media, whether now known or later discovered. You also grant to others who access the forum, bulletin board, chat room or any other user interactive area of our site a perpetual, non-revocable, royalty free license to view, download, store and reproduce your postings but such license is limited to the personal use and enjoyment of such other party.
Intellectual Property Ownership: Personal Use.
Improve Your Relationships grants you a limited, revocable, nonexclusive license to use this site solely for your own personal use and not for republication, distribution, assignment, sublicense, sale, preparation of derivative works, or other use. You agree not to copy materials on the site, reverse engineer or break into the site, or use materials, products or services in violation of any law. The use of this website is at the discretion of the Company and said Company may terminate your use of this website at any time.
Intellectual Property Ownership: Other Uses.
All other use of Content from the Site, including, but not limited to uploading, downloading, modification, publication, transmission, participation in the transfer or sale of, copying, reproduction, republishing, creation of derivative works from, distribution, performance, display, incorporation into another web site, reproducing the Site (whether by linking, framing or any other method), or in any other way exploiting any of the Content, in whole or in part, is strictly prohibited without the company/Improve Your Relationships prior express written consent.
The Improve Your Relationships logo, Project Re-Wire, Everyday Relating and the Everyday Relating Questionnaire trademarks and service marks, and other logos and/or color variations on the “heart” logo, products, and service names are trademarks of Improve Your Relationships. Client/Site user agrees not to display or use logos in any manner without prior, written consent/permissions.
Independent Client/Site User Status
Nothing in this Agreement is to be construed as creating a partnership, venture alliance, or any other similar relationship. Each party shall be an independent contractor in its performance hereunder and shall retain control over its personnel and the manner in which such personnel perform hereunder. In no event shall such persons be deemed employees or personal one-on-one, consulting/coaching clients of the other party by virtue of participation or performance hereunder.
In the event that any cause beyond the reasonable control of either Party, including without limitation acts of God, war, curtailment or interruption of transportation facilities, threats or acts of terrorism, State Department travel advisory, labor strike or civil disturbance, make it inadvisable, illegal, or impossible, either because of unreasonable increased costs or risk of injury, for either Company to perform its obligations under this Agreement, the Company’s performance shall be extended without liability for the period of delay or inability to perform due to such occurrence.
If any provision of this Agreement is held by to be invalid or unenforceable, the remaining provisions shall nevertheless continue in full force. The failure of either Party to exercise any right provided for herein will not be deemed a waiver of that right or any further rights hereunder.
Limitation of Liability
Client agrees they used Company’s services at their own risk and that the site/Program is only an educational service being provided. Client releases Company, its officers, employees, directors, subsidiaries, principals, agents, heirs, executors, administrators, successors, assigns, Instructors, guides, staff, Participants, and related entities any way as well as the venue where the Programs are being held (if applicable) and any of its owners, executives, agents, or staff (hereinafter “Releasees”) from any and all damages that may result from any claims arising from any agreements, all actions, causes of action, contracts, claims, suits, costs, demands and damages of whatever nature or kind in law or in equity arising from my participation in the Programs. Client accepts any and all risks, foreseeable or unforeseeable. Client agrees that Company will not be held liable for any damages of any kind resulting or arising from including but not limited to; direct, indirect, incidental, special, negligent, consequential, or exemplary damages happening from the use or misuse of Company’s services or enrolment in the Program. Company assumes no responsibility for errors or omissions that may appear in any of the program materials.
DISCLAIMER OF WARRANTIES
CLIENT USES PROGRAM/SITE AT OWN RISK. THE PROGRAM/SITE IS ONLY A "AS IS" AND "AS AVAILABLE" OFFERING. SITE DISCLAIMS ALL WARRANTIES OF ANY KIND, IMPLIED OR OTHERWISE.
NO WARRANTY EXISTS OR IS IMPLIED, NO GUARANTEES THAT THE PROGRAM/SITE WILL MEET REQUIREMENTS OR EXPECTATIONS OF UNINTERRUPTED, SECURE, TIMELY, OR ERROR-FREE SERVICES, OR THAT ANY ERRORS IN THE SOFTWARE WILL BE CORRECTED.
ALL PARTICIPATION AND USE OF THE PROGRAM/SITE IS DONE VOLUNARILY AT YOUR OWN DISCRETION AND RISK AND THAT YOU WILL BE SOLELY RESPONSIBLE FOR ANY DAMAGE TO YOUR HARDWARE/COMPUTER AND/OR COMPUTER SYSTEM(S) INCLUDIN AND NOT LIMITED TO LOSS OF DATA RESULTING FROM DOWNLOADED MATERIALS/CONTENT.
THERE IS NO PROMISE, GUARANTEE, WARRANTY, OFFERING, TREATMENT, OR GUIDANCE IN THE FORM OF ADVICE, FEEDBACK, OR INFORMATION, WHETHER FROM PROGRAM ADMINISTRATORS OR OTHER SITE USER MEMMBERS, WHETHER WRITTEN, ORAL, OR RECORDED, AND/OR ATTAINED/RECEIVED FROM THE PROGRAM/SITE IMPROVE YOUR RELATIONSHIPS OR THROUGH OR FROM THE PROGRAM, INCLUDING OTHER MEMBRERS, TO YOU DIRECTLY OR INDIRECTLY THAT SHALL CREATE ANY WARRANTY NOT EXPRESSLY STATED IN THE TOC.
NO WARRANTIES ON FINANCIAL MATTERS OF ANY SORT ARE BEING OFFERED WITH USE OF THE PROGRAM/SITE. THE PROGRAM/SITE IMPROVE YOUR RELATIONSHIPS IS FOR EDUCATIONAL PURPOSES ONLY AND ANY TYPE OF INFORMATION PROCURED AND PERCEIVED AS ANY FINANCIAL GUIDANCE CONCERNING COMPANIES, STOCKS AND BONDS, SECURITIES, AND INVESTMENTS OF ANY KIND ACCOMPANY A BUYER BEWARE CLAUSE. IMPROVE YOUR RELATIONSHIPS AND ADMINISTRATORS ARE NOT LIABLE OR RESPONSIBLE FOR ANY SUCH INFORMATION AND/OR CONTENT AND CANNOT ATTEST TO ANY ACCURACY OF ANY TYPE OF INFORMATION THAT MIGHT BE SHARED WITHIN THE PROGRAM/SITE. THE PROGRAM/SITE/COMPANY SHALL NOT BE RESPONSIBLE OR LIABLE FOR ANY TRADING OR INVESTMENTS OR INVESTMENT DECISIONS MADE BASED ON SUCH INORMATION.
Miscellaneous: Mining of Data is Prohibited
Client/users of program/service are prohibited from data mining, email harvesting, scraping, crawling, tagging, or using any process or processes that send automated queries to and from the Improve Your Relationships website. You may not use the company/program site to compile a collection of listings, including a competing listing product or service. You may not use the Site or any Materials for any unsolicited commercial e-mail or solicitation of any kind.
The site/program is intended for those individuals 18 years of age or older (for adults only). This site/program is not intended for children under the age of 18.
The Parties agree and accept that the only venue for resolving such a dispute shall be in the venue set forth herein below. The parties agree that they neither will engage in any conduct or communications with a third party, public or private, designed to disparage the other. Neither Client nor any of Client’s associates, employees or affiliates will directly or indirectly, in any capacity or manner, make, express, transmit speak, write, verbalize or otherwise communicate in any way (or cause, further, assist, solicit, encourage, support or participate in any of the foregoing), any remark, comment, message, information, declaration, communication or other statement of any kind, whether verbal, in writing, electronically transferred or otherwise, that might reasonably be construed to be derogatory or critical of, or negative toward, the Company/Improve Your Relationships or any of its programs, members, owner directors, officers, Affiliates, subsidiaries, employees, agents or representatives.
Site users/clients are not permitted to assign this agreement without written consent of the company/Improve Your Relationships.
Your privacy is important to us.
We will collect personal information by lawful and fair means and, where appropriate, with the knowledge or consent of the individual concerned.
Before or at the time of collecting personal information, we will identify the purposes for which information is being collected.
We will collect and use personal information solely for fulfilling those purposes specified by us and for other ancillary purposes, unless we obtain the consent of the individual concerned or as required by law.
Personal data should be relevant to the purposes for which it is to be used, and, to the extent necessary for those purposes, should be accurate, complete, and up-to-date.
We will protect personal information by using reasonable security safeguards against loss or theft, as well as unauthorized access, disclosure, copying, use or modification.
We will make readily available to customers information about our policies and practices relating to the management of personal information.
We will only retain personal information for as long as necessary for the fulfilment of those purposes.
This site is protected by an SSL certificate. SSL Certificates are small data files that digitally bind a cryptographic key to an organization’s details. When installed on a web server, it activates the padlock and the https protocol and allows secure connections from a web server to a browser. Typically, SSL is used to secure credit card transactions, data transfer and logins, and more recently is becoming the norm when securing browsing of social media sites. SSL Certificates bind together: A domain name, server name or hostname; and an organizational identity (i.e. company name) and location.
Termination of Services/Membership
Improve Your Relationships site and program with sole discretion may terminate client’s account and content (any part of, including password, previous posting activity, photos, etc.) and (as well as) discard Content within the Service, for any reason, including without limitation for lack of use/participation and/or if the site believes client has acted outside of the spirit and letter of the TOC. Improve Your Relationships at its sole discretion may also at any time discontinue the service, or any part of the service or program, with or without notice. The client agrees that any termination of your access to the service/site under any provision of this TOC may be implemented and/or in effect without prior notice, and acknowledge and agree that the Company/Improve Your Relationships/Site may immediately deactivate or delete client’s account and all related information and files in said account and/or bar/ban further access to such files and/or the Service both at time of termination and in the future. You agree that Improve Your Relationships and those held in administrative capacity of executing services of the program and site shall not be liable to client (you) or any third-party for any termination of your access to the Service/Site/Content. No refunds on monthly payments or other compensation in any form will be offered in the event of termination.
Membership is paid monthly and charged via PayPal user agreement at time of registration. When membership is cancelled, there will be no refund or monies, including any prorated amounts for that month, refunded or returned to the site member/user. Members choose on their own when to not renew their membership. There is no cancelling for a refund.
Client shall defend, indemnify, and hold harmless Company, Company’s officers, employers, employees, contractors, directors, related entities, trustees, affiliates, and successors from and against any and all liabilities and expense whatsoever – including without limitation, claims, damages, judgments, awards, settlements, investigations, costs, attorney’s fees, and disbursements – which any of them may incur or become obligated to pay arising out of or resulting from the offering for sale, the sale, and/or use of the product(s), excluding, however, any such expenses and liabilities which may result from a breach of this Agreement or sole negligence or willful misconduct by Company, or any of its shareholders, trustees, affiliates or successors. Client shall defend Company in any legal actions, regulatory actions, or the like arising from or related to this Agreement. Client recognizes and agrees that all of the Company’s shareholders, trustees, affiliates and successors shall not be held personally responsible or liable for any actions or representations of the Company. In consideration of and as part of my payment for the right to participate in Improve Your Relationships Program, the undersigned, my heirs, executors, administrators, successors and assigns do hereby release, waive, acquit, discharge, indemnify, defend, hold harmless and forever discharge Improve Your Relationships, Alan Robarge, and its subsidiaries, principals, directors, employees, agents, heirs, executors, administrators, successors, and assigns and any of the training instructors, guides, staff or students taking part in the training in any way as well as the venue where the Programs are being held (if applicable) and any of its owners, executives, agents, or staff (hereinafter “Releasees”) of and from all actions, causes of action, contracts, claims, suits, costs, demands and damages of whatever nature or kind in law or in equity arising from my participation in the Programs. Client/site user agrees that Company/Improve Your Relationship/Alan Robarge is not liable for any alleged damage resulting from the Advice and Feedback, Q&A, Chatroom and Forum interactions, posts, and comments.
Data Storage and Use
Client acknowledges and agrees that practices regarding content, data storage such as and not limited to posts, email messages, and comments are part of the use of services provided within the site will be retained and cataloged without limitation of minimum or maximum number of days. Data storage will be at the sole discretion of the program administrators and offer no guarantees or liability for content that is deleted, unsaved, lost, or misassigned. Company/Improve Your Relationships and its administrators have no responsibility or liability for deletion of content or failure to store content, including messages and/or any other forms of communication.
Terms Specific to User Supplied Site Content/Resources/Links/Other
The Improve Your Relationships site/service may provide third party links, resources, and information to other sites via an internet address/url. Improve Your Relationships has no control over the resources offered in these sites and is not responsible for and/or endorse these resources as making any claim or providing a service. The mention of such sites and resources is for information only purposes and application and/or usefulness is to be considered and determined solely by the client/user. You acknowledge and agree that Improve Your Relationships and its administrators are not responsible or liable, indirectly or directly for any loss or damage incurred, caused, or alleged to be the result of or through connection with use of or reliance upon any such content, goods or services, and/or resources through any suggested linked site. Also Improve Your Relationships and its administrators have no control over content posted via the service by other members and cannot make any guarantees to the purpose, legitimacy, integrity, or quality of other members’ posts. Clients/users understand that by using the site/program, they might be exposed to objectionable, offensive, upsetting, and/or indecent material. There is no liability or responsibility in any way related to content on the part of the company and its administrators, including any obligation to monitor, investigate, or remove content from the bulletin board, forum, chat group, or any other user interactive area of the site based upon a complaint or otherwise.
Resolution of Disputes
If not resolved first by good-faith negotiation between the parties, every controversy or dispute relating to this Agreement will be submitted to arbitration. All claims against Company must be lodged within 100-days of the date of the first claim or otherwise be forfeited forever. The arbitration shall occur within ninety (90) days from the date of the initial arbitration demand. The parties shall cooperate to ensure that the arbitration process is completed within the ninety (90) day period. The parties shall cooperate in exchanging and expediting discovery as part of the arbitration process. The written decision of the arbitrators (which will provide for the payment of costs) will be absolutely binding and conclusive and not subject to judicial review, and may be entered and enforced in any court of proper jurisdiction, either as a judgment of law or a decree in equity, as circumstances may indicate. In disputes involving unpaid balances on behalf of Client, Client is responsible for any and all arbitration and attorney fees.
International Use of Program/Site
Client/user agrees to comply with local rules within their national jurisdiction regarding online practices, conduct, and permissible content. Due to global reach of the internet, special international use assumes all applicable laws regarding transmission of data exported from the United States or related in governance to the country of residence.
Last Updated: October 2017