TERMS AND CONDITIONS
PLEASE READ THESE TERMS AND CONDITIONS CAREFULLY BEFORE USING THIS WEBSITE.
The Website and its Content is owned by Emily Bessemer, LLC (“Company”, “Emily Bessemer” “we”, or “us”). The term “you” refers to the user or viewer of our Website.
Please read these Terms and Conditions (“T&C”) carefully. Emily Bessemer reserves the right to change these Terms and Conditions on the Website at any time without notice, and by using the Website and its Content the user of this website is agreeing to the T&C as they appear, whether or not the user of this Website has read them. If the user does not agree with these T&C, please do not use Emily Bessemer’s Website or its Content.
WEBSITE USE AND CONSENT
The words, design, layout, graphics, photos, images, information, materials, documents, data, databases and all other information and intellectual property accessible on or through this Website (“Content”) is Emily Bessemer’s property and is protected by United States intellectual property laws.
If the user of this Website has purchased a service, program, product or subscription or otherwise entered into a separate agreement with Emily Bessemer, the user of this Website will also be subject to the terms of that agreement or those terms of use, which shall prevail in the event of a conflict. Online purchases have additional terms of use relating to the transaction.
By accessing or using this Website and its Content, the user of this website represents and warrants that he or she is at least 18 years old and that he or she agrees to abide by these T&C. Any registration by, use of or access to the Website and its Content by anyone under age 18 is unauthorized, unlicensed and in violation of these T&C.
INTELLECTUAL PROPERTY RIGHTS
Emily Bessemer’s Limited License to this Website user. This Website and its Content is property solely owned by Emily Bessemer, LLC and/or Emily Bessemer’s affiliates or licensors, unless otherwise noted, and it is protected by copyright, trademark, and other intellectual property laws.
If the user of this Website views, purchases or accesses Emily Bessemer’s Website or any of its Content, the user of this Website will be considered Emily Bessemer’s Licensee. For the avoidance of doubt, the user of this Website is granted a revocable, non-transferable license for personal, non-commercial use only, limited to this user only.
As a Licensee, the user understands and acknowledges that this Website and its Content have been developed or obtained by Emily Bessemer, LLC through the investment of significant time, effort and expense, and that this Website and its Content are valuable, special and unique assets of Emily Bessemer, LLC which need to be protected from improper and unauthorized use. Emily Bessemer, LLC clearly states that the user of this Website may not use this Website or its Content in a manner that constitutes an infringement of Emily Bessemer, LLC’s rights or that has not been authorized by Emily Bessemer, LLC.
When the user of this Website purchase or access Emily Bessemer, LLC’s Website or any of its Content, the user agrees that:
He or she will not copy, duplicate or steal Emily Bessemer, LLC’s Website or Content. The user understands that doing anything with Emily Bessemer LLC’s Website or its Content that is contrary to these T&C and the limited license Emily Bessemer, LLC is providing to you herein is considered theft, and we reserve our right to prosecute theft to the full extent of the law.
He or she is permitted from time to time to download and/or print one copy of individual pages of the Website or its Content, for the user’s own personal, non-commercial use, provided that the user give us full attribution and credit by name, keep intact all copyright, trademark and other proprietary notices and, if used electronically, you must include the link back to the Website page from which the Content was obtained.
The user may not in any way and at any time use, copy, adapt, imply or represent that our Website or its Content is theirs or created by them. By downloading, printing, or otherwise using our Website Content for personal use you in no way assume any ownership rights of the Content – it is still Emily Bessemer, LLC’s property.
The user must receive Emily Bessemer, LLC’s written permission before using any of our Website Content for his or her own business use or before sharing with others. This means that the user may not modify, copy, reproduce, republish, upload, post, transmit, translate, sell, market, create derivative works, exploit, or distribute in any manner or medium (including by email, website, link or any other electronic means) any Website Content because that is considered stealing our work.
Emily Bessemer, LLC is granting you a limited license to enjoy Emily Bessemer, LLC’s Website and its Content for the users own personal use, not for the users own business/commercial use or in any way that earns the user money, unless Emily Bessemer has given the user written permission that the user may do so.
The trademarks and logos displayed on Emily Bessemer, LLC’s Website or its Content are trademarks belonging to Emily Bessemer, LLC, unless otherwise indicated. Any use including framing, meta tags or other text utilizing these trademarks, or other trademarks displayed, is strictly prohibited without our written permission.
All rights not expressly granted in these terms or any express written license, are reserved by Emily Bessemer, LLC.
Your License to Emily Bessemer. By posting or submitting any material on or through our Website such as comments, posts, photos, images or videos or other contributions, the user of this Website is representing that they are the owner of all such materials and they are at least 18 years old.
When the user of this Website submits to Emily Bessemer, LLC or post any comment, photo, image, video or any other submission for use on or through Emily Bessemer’s Website, the user is granting Emily Bessemer, LLC, and anyone authorized by Emily Bessemer, LLC, an unlimited, royalty-free, perpetual, irrevocable, non-exclusive, unrestricted, worldwide license to use, copy, modify, transmit, sell, exploit, create derivative works from, distribute, and/or publicly perform or display such contributions, in whole or in part, in any manner or medium, now known or developed in the future, for any purpose, and granting us the right to make it part of Emily Bessemer’s current or future Website and its Content. This right includes granting Emily Bessemer proprietary rights or intellectual property rights under any relevant jurisdiction without any further permission from the user of this Website or compensation by Emily Bessemer to the user of this website.
The user of this Website also grants Emily Bessemer, LLC, and anyone authorized by Emily Bessemer, the right to identify the user of this Website as the author of any of their comments, posts, photos, images, videos or other contributions by name, email address, or screen name. The user of this Website acknowledges that Emily Bessemer, LLC has the right but not the obligation to use any contributions from the user and that Emily Bessemer, LLC may elect to cease the use of any such contributions on Emily Bessemer’s Website or in Emily Bessemer’s Content at any time for any reason.
REQUEST FOR PERMISSION TO USE CONTENT
Any request for written permission to use Emily Bessemer’s Content, or any other intellectual property or property belonging to Emily Bessemer, should be made BEFORE the user wishes to use the Content by completing the “Contact Us” form on this Website, or by sending an e-mail to info@emilybessemer.com.
Emily Bessemer very clearly states that the user may not use any Content in any way that is contrary to these T&C unless Emily Bessemer has given the user specific written permission to do so. If the user of this Website is granted permission by Emily Bessemer, the user of this Website agrees to use the specific Content that Emily Bessemer allows and ONLY in the ways for which Emily Bessemer has given the user written permission. If the user of this Website chooses to use the Content in ways that Emily Bessemer does not specifically give the user written permission, the user of this Website agrees now that they will be treated as if the user of this Website had copied, duplicated and/or stolen such Content from Emily Bessemer, and the user consents to immediately stop using such Content and to take whatever actions as Emily Bessemer may request and by the methods and in the time frame that Emily Bessemer prescribes to protect our intellectual property and ownership rights in our Website and its Content.
PERSONAL RESPONSIBILITY AND ASSUMPTION OF RISK
As a Licensee, the user of this Website agrees that they are using their own judgment in using Emily Bessemer’s Website and its Content and the user of this Website agrees that they are doing so at their own risk. The user of this website agrees and understands that they assume all risks and no results are guaranteed in any way related to this Website and/or any of its Content. This Website and its Content are merely to provide the user with education and tools to help the user of this Website make their own decisions for themselves. The user of this Website is solely responsible for their actions, decisions and results based on the use, misuse or non-use of this Website or any of its Content.
DISCLAIMER
This Website and its Content are for informational and educational purposes only. To the fullest extent permitted by law, Emily Bessemer, LLC expressly exclude any liability for any direct, indirect or consequential loss or damage incurred by the user of this Website or others in connection with Emily Bessemer’s Website and its Content, including without limitation any liability for any accidents, delays, injuries, harm, loss, damage, death, lost profits, personal or business interruptions, misapplication of information, physical or mental disease, condition or issue, physical, mental, emotional, or spiritual injury or harm, loss of income or revenue, loss of business, loss of profits or contracts, anticipated savings, loss of data, loss of goodwill, wasted time and for any other loss or damage of any kind, however and whether caused by negligence, breach of contract, or otherwise, even if foreseeable. The user of this Website specifically acknowledges and agrees that Emily Bessemer is not liable for any defamatory, offensive or illegal conduct of any other Website participant or user, including the user of this Website.
Medical Disclaimer.
While Emily Bessemer is an integrative physical therapist, the information provided in or through Emily Bessemer’s Website pertaining to pelvic health and wellness, bodywork, education or coaching is not intended to be a substitute for the professional medical advice, diagnosis or treatment provided by the user of this Websites own physician, nurse practitioner, physician assistant, therapist, counselor, mental health practitioner, member of the clergy, or any other licensed or registered health care professional. The user of this Website agrees and acknowledges that nothing that he or she reads on this Website is personalized medical advice and it does not render the user of this Website Emily Bessemer’s medical patient in any way. It is encouraged to always seek the advice of a physician and/or mental health provider regarding any questions or concerns that they user may have about their specific health or any medications, herbs or supplements they are currently taking and before implementing any information or suggestions from this Website. Do not disregard medical advice or delay seeking medical advice because of information the user has read on this Website. Do not start or stop taking any medications without speaking to a physician, nurse practitioner, physician assistant, mental health provider or other health care professional. If the user of this Website has or suspects that they have a medical or mental health issue, contact a board-certified and licensed health care provider promptly. The information contained on this Website has not been evaluated by the Food and Drug Administration.
Earnings Disclaimer. The user of this Website acknowledges that Emily Bessemer has not and do not make any representations as to the physical, mental, emotional, spiritual or health benefits, future income, expenses, sales volume or potential profitability or loss of any kind that may be derived as a result of the user of this website’s use of this Website or its Content. Emily Bessemer cannot and do not guarantee that the user of this Website will attain a particular result, positive or negative, health-related or otherwise, through the use of Emily Bessemer, LLC’s Website or its Content and the user of this Website accepts and understands that results differ for each individual. Emily Bessemer also expressly disclaims responsibility in any way for the choices, actions, results, use, misuse or non-use of the information provided or obtained through the use of Emily Bessemer’s Website or its Content. The user of this Website agrees that their results are strictly their own and Emily Bessemer is not liable or responsible in any way for the user of this Website’s results.
Warranties Disclaimer. EMILY BESSEMER MAKES NO WARRANTIES AS TO EMILY BESSEMER’S WEBSITE OR ITS CONTENT. THE USER OF THIS WEBSITE AGREES THAT EMILY BESSEMER’S WEBSITE AND ITS CONTENTS ARE PROVIDED “AS IS” AND WITHOUT WARRANTIES OF ANY KIND EITHER EXPRESS OR IMPLIED. TO THE FULLEST EXTENT PERMISSIBLE PURSUANT TO APPLICABLE LAW, EMILY BESSEMER DISCLAIMS ALL WARRANTIES, EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, AND NON-INFRINGEMENT. EMILY BESSEMER DOES NOT WARRANT THAT THE WEBSITE OR ITS CONTENT WILL BE FUNCTIONAL, UNINTERRUPTED, CORRECT, COMPLETE, APPROPRIATE, OR ERROR-FREE, THAT DEFECTS WILL BE CORRECTED, OR THAT ANY PART OF THE WEBSITE, CONTENT ARE FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS. EMILY BESSEMER DOES NOT WARRANT OR MAKE ANY REPRESENTATIONS REGARDING THE USE OR THE RESULTS OF THE USE OF EMILY BESSEMER’S WEBSITE OR ITS CONTENT OR ON THIRD-PARTY WEBSITES IN TERMS OF THEIR CORRECTNESS, ACCURACY, TIMELINESS, RELIABILITY OR OTHERWISE.
Technology Disclaimer. Emily Bessemer tries to ensure that the availability and delivery of Emily Bessemer’s Website and its Content is uninterrupted and error-free. However, Emily Bessemer cannot guarantee that the user of this Website’s access will not be suspended or restricted from time to time, including to allow for repairs, maintenance or updates, although, of course, Emily Bessemer will try to limit the frequency and duration of suspension or restriction. To the fullest extent permitted by law, EMILY BESSEMER will be not be liable to the user of this Website for damages or refunds, or for any other recourse, should Emily Bessemer’s Website or its Content become unavailable or access to the them becomes slow or incomplete due to any reason, such as system back-up procedures, internet traffic volume, upgrades, overload of requests to the servers, general network failures or delays, or any other cause which may from time to time make Emily Bessemer’s Website or its Content inaccessible to the user of the Website.
Errors and Omissions.
Emily Bessemer makes no warranty or guarantee as to the accuracy, timeliness, performance, completeness or suitability of the information on Emily Bessemer’s Website or its Content. Every effort has been made to present the user of this Website with the most accurate, up-to-date information, but because the nature of scientific research is constantly evolving, Emily Bessemer cannot be held responsible or accountable for the accuracy of Emily Bessemer’s content. Emily Bessemer assumes no liability for errors or omissions on the Website, its Content, or in other information referenced by or linked to the site. The user of this website acknowledges that such information may contain inaccuracies or errors to the fullest extent permitted by law.
Links to Other Websites.
Emily Bessemer may provide links and pointers to other Websites maintained by third parties which may take the user of this Website outside of our Website or its Content. These links are provided for the user of this Website’s convenience and the inclusion of any link in Emily Bessemer’s Website or its Content to any other website does not imply Emily Bessemer’s endorsement, sponsorship, or approval of that website or its owner. Emily Bessemer does not endorse and Emily Bessemer is not responsible for the views, opinions, facts, advice, statements, errors or omissions provided by external resources referenced in Emily Bessemer’s Website or its Content, or Emily Bessemer’s accuracy or reliability. Emily Bessemer has no control over the contents or functionality of those websites and so Emily Bessemer accepts no responsibility for any loss, damage, or otherwise that may arise from the user of this website’s use of them. It is the user of this website’s responsibility to review the terms and conditions and privacy policies of those linked websites to confirm that the user of this website understands and agrees with those policies.
Limitations on Linking and Framing.
The user of this Website may establish a hypertext link to Emily Bessemer’s Website or Content so long as the link does not state or imply any sponsorship, endorsement by, or ownership by in Emily Bessemer’s Website or Content and does not state or imply that Emily Bessemer has sponsored, endorsed or have ownership rights in the user’s website. However, the user of this Website may not frame or inline link Emily Bessemer’s Content without our written permission.
By purchasing and/or using our Website and its Content in any way or for any reason, the user of this Website also implicitly agree to Emily Bessemer’s full Disclaimer which may be found on this Website.
INDEMNIFICATION, LIMITATION OF LIABILITY AND RELEASE OF CLAIMS
Indemnification.
The user of this Website agrees at all times to defend, indemnify and hold harmless our Company (Emily Bessemer/Emily Bessemer,LLC ) , as well as any of Emily Bessemer’s affiliates, agents, contractors, officers, directors, shareholders, employees, joint venture partners, successors, transferees, assignees, and licensees, as applicable, from and against any and all claims, causes of action, damages, liabilities, costs and expenses, including legal fees and expenses, arising out of or related to our Website, its Content or your breach of any obligation, warranty, representation or covenant set forth in these T&C or in any other agreement with Emily Bessemer.
Limitation of Liability.
Emily Bessemer will not be held responsible or liable in any way for the information, products or materials that the user of this Website requests or receives through or on Emily Bessemer’s Website and its Content. Emily Bessemer does not assume liability for accidents, delays, injuries, harm, loss, damage, death, lost profits, personal or business interruptions, misapplication of information, physical or mental disease, condition or issue, or otherwise, due to any act or default of anyone or any business, whether owners, staff, agents, joint venture partners, contractors, vendors, affiliates or otherwise, affiliated with Emily Bessemer. Emily Bessemer does not assume liability for any owners, staff, agents, joint venture partners, contractors, vendors, affiliates or otherwise who is engaged in rendering Emily Bessemer’s Website or its Content, or in any way or in any location. In the event that the user of this Website uses our Website and its Content or any other information provided by Emily Bessemer or affiliated with Emily Bessemer, Emily Bessemer assumes no responsibility.
Release of Claims.
In no event will Emily Bessemer be liable to any party for any type of direct, indirect, special, incidental, equitable or consequential damages for any use of or reliance on Emily Bessemer’s Website and its Content, or on those affiliated with Emily Bessemer in any way, and the user of this Website hereby releases Emily Bessemer from any and all claims; including, without limitation, those related to lost profits, personal or business interruptions, personal injuries, accidents, misapplication of information, or any other loss, physical or mental disease, condition or issue, or otherwise, even if Emily Bessemer is expressly advised of the possibility of such damages or difficulties.
YOUR CONDUCT
The user of this Website is agreeing that they will not use Emily Bessemer’s Website or its Conduct in any way that causes or is likely to cause the Website, Content, or access to them to be interrupted, damaged or impaired in any way. The user of this Website understands that he or she is solely responsible for all electronic communications and content sent from his or her computer to this Website and its Content and to Emily Bessemer.
The user of this Website agrees to only purchase goods or services for themselves or for another person for whom the user of this Website is legally permitted to do so or for whom the user of this Website has obtained the express consent to provide their name, address, method of payment, credit card number, and billing information.
The user of this Website agrees to be financially responsible for all purchases made by the user of this Website or someone acting on the user’s behalf through the Website or its Content. The user of this Website agrees to use the Website and its Content for legitimate, non-commercial purposes only and not for speculative, false, fraudulent, or illegal purposes.
The user of this Website must use the Website and its Content for lawful purposes only. The user of this Website agrees that they will not use the Website or its Content in any of the following ways:
For fraudulent purposes or in connection with a criminal offense or otherwise carry out any unlawful activity
To send, use or re-use any material that is illegal, offensive, abusive, indecent, harmful, defamatory, obscene or menacing, threatening, objectionable, invasive of privacy, in breach of confidence, infringing of any intellectual property rights, or that may otherwise may injure others
To send, negatively impact, or infect Emily Bessemer’s Website or its Content with software viruses or any other harmful or similar computer code designed to adversely affect the operation of any computer software or hardware, commercial solicitation, chain letters, mass mailings or any spam, whether intended or not
To cause annoyance, inconvenience or needless anxiety
To impersonate any third party or otherwise mislead as to the origin of the user’s contributions
To reproduce, duplicate, copy or resell any part of Emily Bessemer’s Website or its Content in a way that is not in compliance with these T&C or any other agreement with Emily Bessemer
ONLINE COMMERCE
Certain sections of the Website or its Content may allow the user of the Website to make purchases from Emily Bessemer or from other merchants. If the user of this Website makes a purchase from us on or through our Website or its Content, all information obtained during the user of this Website’s purchase or transaction and all of the information that the user of this Website has given as part of the transaction, such as their name, address, method of payment, credit card number, and billing information, may be collected by both us, the merchant, and our payment processing company.
The user of this Website’s participation, correspondence or business dealings with any affiliate, individual or company found on or through Emily Bessemers Website, all purchase terms, conditions, representations or warranties associated with payment, refunds, and/or delivery related to Emily Bessemer’s purchase, are solely between the user of this Website and the merchant. The user of this Website is in agreement that Emily Bessemer shall not be responsible or liable for any loss, damage, refunds, or other matters of any sort that incurred as the result of such dealings with a merchant.
Payment processing companies and merchants may have privacy and data collection practices that are different from Emily Bessemer’s. Emily Bessemer has no responsibility or liability for these independent policies of the payment processing companies and Merchants. In addition, when the user of this Website makes certain purchases through Emily Bessemer’s Website or its Content, the user of this Website may be subject to the additional terms and conditions of a payment processing company, Merchant or Emily Bessemer that specifically apply to the user of this Website’s purchase. For more information regarding a Merchant and its terms and conditions that may apply, visit that merchant’s Website and click on its information links or contact the Merchant directly.
The user of this Website releases Emily Bessemer, our affiliates, our payment processing company, and Merchants from any damages that the user of this Website may incur, and agree not to assert any claims against Emily Bessemer or them, arising from the user of this Website’s purchase through or use of Emily Bessemer’s Website or its Content.
TERMINATION
Emily Bessemer reserves the right in her sole discretion to refuse or terminate the user of this Website’s access to the Website and its Content, in full or in part, at any time without notice. In the event of cancellation or termination, the user of this Website is no longer authorized to access the part of the Website or Content affected by such cancellation or termination. The restrictions imposed on the user of this Website in these T&C with respect to the Website and its Content will still apply now and in the future, even after termination by the user of the Website or Emily Bessemer.
If you have any questions about these T&C, please contact us at info@emilybessemer.com.
Terms and Conditions last updated: 3/12/2017