1. INTRODUCTION
Welcome to www.integratebpd.com (the “Website“). The Website is owned and operated by Integrate BPD LLC. (“us” or “we“). These terms also include www.ashleyzahabian.co, www.ashleyzahabian.com, as well as any and all websites owned by us.
PLEASE READ THESE TERMS OF USE CAREFULLY BEFORE USING THE WEBSITE. By using the Website, you signify your agreement to these Terms of Use. If you do not agree to these Terms of Use, you may not use the Website. In addition, when you use any of our current or future services, you will also be subject to our guidelines, terms, conditions and agreements applicable to those services. If these Terms of Use are inconsistent with the guidelines, terms and agreements applicable to those services, these Terms of Use will control.
2. DISCLOSURES
Before reviewing and/or engaging with any of the products or services that we provide, we strongly recommend that you contact a licensed mental health professional for approval regarding the use of any of our products. We are not licensed mental healthcare professionals. We provide access to education that is presented for educational purposes. You should seek guidance from a licensed mental health professional before using any of these products and materials.
3. WAIVER AND RELEASE OF LIABILITY
ASSUMPTION OF RISK: You agree that if you engage with any of the products and services that we provide, you do so at your own risk and assume the risk of any and all injury and/or damage you may suffer. This includes injury or damage of any sort sustained while and/or resulting from using any of our products or services.This includes injuries or damages arising out of the negligence of Integrate BPD LLC, whether active or passive, or any affiliates, employees, agents, representatives, successors, and assigns that belong to Integrate BPD LLC.
You assume the risk of your participation in any activity, class, program, instruction, or event offered by Integrate BPD LLC. You agree that you are voluntarily participating in the aforementioned products, services, and activities and assume all risk of injury, illness, damage, or loss to you or your property that might result.
RELEASE: You agree on behalf of yourself (and all your personal representatives, heirs, executors, administrators, agents, and assigns) to release and discharge Integrate BPD LLC (and Integrate BPD LLC’s affiliates, related entities, employees, agents, representatives, successors, and assigns) from any and all claims or causes of action (known or unknown) arising out of the negligence of Integrate BPD LLC, whether active or passive, or any of Integrate BPD LLC’s affiliates, employees, agents, representatives, successors, and assigns.
This waiver and release of liability includes, without limitation, injuries which may occur as a result of (a) your use of any product or service purchased on the Website, which may induce emotional distress, (b) negligent instruction, including emotional and mental guidance or training, and/or (c) negligent hiring or retention of employees.
INDEMNIFICATION: You agree to indemnify and hold harmless Integrate BPD LLC from any loss, liability, damage, or cost Integrate BPD LLC may incur due to the provision of products and/or services by Integrate BPD LLC to you.
ACKNOWLEDGMENTS: You agree to give up your right to bring a legal action or assert a claim against Integrate BPD LLC for negligence.
4. CONTENT LINKED TO THE WEBSITE
You should be aware that when you visit the Website, you could be directed to other sites beyond our control including links to or from affiliates and content partners. When you click on a link that directs you away from the Website, the site to which you are directed may not be controlled by us and different terms of use and privacy policies may apply which you should carefully read and evaluate. You acknowledge that we are not responsible for examining or evaluating, and that we do not warrant the offerings of, any such third party or the content of their sites. We do not assume any responsibility or liability for the actions, products, or content of any third party or any third party site. We reserve the right to disable links from or to third-party sites, although we are under no obligation to do so.
5. INDEMNIFICATION
You hereby agree to indemnify, defend, and hold us, and our licensors, licensees, successors, distributors, agents, representatives and other authorised users, and each of their respective officers, directors, owners, managers, members, employees, agents, representatives and assigns (collectively, the “Indemnified Parties“), harmless from and against any and all loss, cost, damage, liability and expense (including, without limitation, settlement costs and legal or other fees and expenses) suffered or incurred by any of the Indemnified Parties arising out of, in connection with or related to any breach or alleged breach by you of these Terms of Use. You shall use your best efforts to cooperate with us in the defense of any claim. We reserve the right, at our own expense, to employ separate counsel and assume the exclusive defense and control of the settlement and disposition of any claim that is subject to indemnification by you.
6. LIMITATION OF LIABILITY
UNDER NO CIRCUMSTANCES (INCLUDING NEGLIGENCE) SHALL WE BE LIABLE TO YOU OR ANYONE ELSE FOR ANY DIRECT, INDIRECT, INCIDENTAL, SPECIAL OR CONSEQUENTIAL DAMAGES (INCLUDING LOST PROFITS), PERSONAL INJURY (INCLUDING DEATH) OR PROPERTY DAMAGE OF ANY KIND OR NATURE WHATSOEVER THAT ARISE OUT OF OR RESULT FROM: (A) THE USE OF, OR ANY INABILITY TO USE, THE WEBSITE OR ANY CONTENT OR FUNCTIONS THEREOF; OR (B) ANY ACT OR OMISSION, ONLINE OR OFFLINE, OF ANY USER OF THE WEBSITE OR ANYONE ELSE, EVEN IF WE HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. IN NO EVENT SHALL OUR TOTAL LIABILITY TO YOU FOR ALL LOSS, COST, DAMAGE, LIABILITY OR EXPENSE (INCLUDING ATTORNEYS FEES AND COSTS) THAT YOU MAY SUFFER OR INCUR, UNDER ANY THEORY OF LIABILITY, IN CONTRACT, TORT (INCLUDING, BUT NOT LIMITED TO, NEGLIGENCE) OR OTHERWISE, EXCEED THE LESSER OF THE AMOUNT PAID BY YOU, IF ANY, FOR THE RIGHT TO ACCESS OR PARTICIPATE IN ANY ACTIVITY RELATED TO THE WEBSITE OR $100.00.
UNDER NO CIRCUMSTANCES SHALL WE OR ANY OF THE INDEMNIFIED PARTIES BE LIABLE FOR ANY DELAY OR FAILURE IN PERFORMANCE RESULTING, DIRECTLY OR INDIRECTLY, FROM ANY EVENT OF FORCE MAJEURE OR OTHER CAUSE BEYOND OUR OR THEIR CONTROL INCLUDING, WITHOUT LIMITATION, ACTS OF GOD, WAR, EQUIPMENT AND TECHNICAL FAILURES, ELECTRICAL POWER FAILURES OR FLUCTUATIONS, STRIKES, LABOR DISPUTES, RIOTS, CIVIL DISTURBANCES, SHORTAGES OF LABOR OR MATERIALS, NATURAL DISASTERS, GOVERNMENTAL ACTIONS, ORDERS OF DOMESTIC OR FOREIGN COURTS OR TRIBUNALS, OR NON-PERFORMANCE OF THIRD PARTIES. NEITHER WE NOR ANY OTHER INDEMNIFIED PARTY IS RESPONSIBLE OR LIABLE FOR: (A) ANY INCOMPATIBILITY BETWEEN THE WEBSITE AND ANY SITE, SERVICE, SOFTWARE OR HARDWARE; OR (B) ANY DELAY OR FAILURE YOU MAY EXPERIENCE WITH ANY TRANSMISSION OR TRANSACTION RELATED TO THE WEBSITE.
THE LIMITATIONS, EXCLUSIONS AND DISCLAIMERS HEREIN AND ELSEWHERE IN THESE TERMS OF USE APPLY TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW.
APPLICABLE LAW MAY NOT ALLOW CERTAIN OF THE EXCLUSIONS, LIMITATIONS, OR DISCLAIMERS OF LIABILITY SET FORTH IN THESE TERMS OF USE, SO SUCH EXCLUSIONS, LIMITATIONS OR DISCLAIMERS MAY NOT APPLY TO YOU.
7. COPYRIGHT COMPLAINTS
Integrate BPD LLC respects the intellectual property rights of others. If you believe that your work has been copied on the Website in a way that constitutes copyright infringement, please contact Integrate BPD LLC by email, with a subject including: “Procedure for Making Claims of Copyright Infringement,” or by referring to the following:
PROCEDURE FOR MAKING CLAIMS OF COPYRIGHT INFRINGEMENT
If you believe that your work has been copied in a way that constitutes copyright infringement, please provide our legal staff the written information specified below. Please note that this procedure is exclusively for notifying us that your copyrighted material has been infringed.
- An electronic or physical signature of the person authorised to act on behalf of the owner of the copyright interest
- A description of the copyrighted work that you claim has been infringed
- A description of where the material that you claim is infringing is located on the Website and/or on products purchased from the Website
- Your address, telephone number, and e-mail address
- A statement by you that you have a good-faith belief that the disputed use is not authorised by the copyright owner, its agent, or the law
- A statement by you, under penalty of perjury, that the foregoing information in your notice is accurate and that you are the copyright owner or authorised to act on the copyright owner’s behalf
Our legal staff can be reached in regards to claims of copyright infringement on the Website at:
Integrate BPD LLC
[Re: Copyright Agent]
4 Wilsey Square #9 (Unit B), Ridgewood, NJ 07450
8. PAYMENTS; SUBSCRIPTION AUTO-RENEWAL AND CANCELLATION
Membership and Subscription Services: Individuals may subscribe to receive monthly membership digital services (“the Integrate Membership”). Integrate BPD LLC may offer different recurring payment options to subscribe to the Integrate Membership: (1) an automatically billed monthly subscription (“Monthly Membership”); (2) an automatically billed every-other month subscription (Bi-Monthly Membership) and (3) an automatically billed annual subscription (“Annual Membership”).
By purchasing a Monthly Membership, you agree to an initial and recurring monthly subscription fee at the then-current monthly subscription rate, and you accept responsibility for all recurring charges until you cancel your subscription. You may cancel your monthly subscription at any time, subject to the terms of our cancellation policy.
By purchasing a Bi-Monthly Membership, you agree to an initial and recurring bi-monthly subscription fee at the then-current bi-monthly subscription rate, and you accept responsibility for all recurring charges until you cancel your subscription. You may cancel your monthly subscription at any time, subject to the terms of our cancellation policy.
By purchasing an Annual Membership, you agree to an initial and recurring annual subscription fee at the then-current annual subscription rate, and you accept responsibility for all recurring charges until you cancel your subscription. You may cancel your monthly subscription at any time, subject to the terms of our cancellation policy.
Cancellation Policy: You may cancel your Monthly Membership, Bi-Monthly Membership, or Annual Membership at any time by logging into your account, clicking on “Onboarding,” and following the cancellation procedures under “Access Billing Information.” If you need help, feel free to contact us. When you cancel your Monthly Membership, Bi-Monthly Membership, or Annual Membership, the cancellation will take effect for your next billing cycle. You will not be eligible for a refund for monthly subscription fees paid prior to the month the cancellation takes effect.
All amounts are payable and charged: (i) For product purchases, at the time you place your order; and (ii) For subscriptions, at the beginning of the initial subscription and, because each such subscription renews automatically for an additional period equal in length to the expiring subscription term until you cancel it, at the time of each renewal until you cancel, using the payment information you provided.
9. CHANGES TO PRICE TERMS FOR SUBSCRIPTIONS
Integrate BPD LLC reserves the right to change its pricing terms for Subscriptions at any time and may not notify you in advance of such changes becoming effective. Changes to the pricing terms will not apply retroactively and will only apply for subscription renewals after such changed pricing terms have been communicated to you. If you do not agree with the changes to Integrate BPD LLC’s pricing terms then you may choose not to renew your subscription in accordance with the preceding section.
We make no warranty that the purchase of any products on the Website will meet your requirements or be available on an uninterrupted, secure, or error-free basis.
10. REFUNDS
A. DIGITAL PRODUCT
Processing fees for digital products (Integrate BPD product and/or coaching program(s)), as a single-time payment or monthly subscription, are non-refundable and will not be returned, regardless of when you cancel.
11. AMENDMENT
We reserve the right, in our sole discretion, to change, modify, add or delete portions of these Terms of Use at any time without notice, and it is your responsibility to review these Terms of Use for any changes. Your use of the Website following any change to these Terms of Use will constitute your assent to and acceptance of the revised Terms of Use.
12. GOVERNING LAW AND SEVERABILITY
This contract will be governed by the laws of Nevada, U.S.A. Any dispute arising out of your use of the Website, or the products purchased on it shall be subject to the exclusive jurisdiction of Bergen County, New Jersey. If a provision of these Terms of Use is or becomes illegal, invalid or unenforceable that shall not affect the validity or enforceability of any other provision.
13. ELECTRONIC COMMUNICATIONS
When you visit the Website or send e-mails to us, you are communicating with us electronically. You consent to receive communications from us electronically. We will communicate with you by e-mail or by posting notices on the Website. You agree that all agreements, notices, disclosures and other communications that we provide to you electronically satisfy any legal requirement that such communications be in writing.
14. MISCELLANEOUS LEGAL PROVISIONS
We may discontinue the Website at any time and for any reason, without notice. We may change the contents, operation, or features of the Website at any time for any reason, without notice.
You agree that no joint venture, partnership, employment, or agency relationship exists between you and us as a result of these Terms of Use or your use of the Website. Nothing contained in these Terms of Use is in derogation of our right to comply with governmental, court, and law enforcement requests or requirements relating to your use of the Website or information provided to or gathered by us with respect to such use. A printed version of these Terms of Use and of any notice given in electronic form shall be admissible in judicial or administrative proceedings based upon or relating to these Terms of Use to the same extent and subject to the same conditions as other business documents and records originally generated and maintained in printed form.
Our failure to enforce any provision of these Terms of Use or respond to a breach by you or others shall not constitute a waiver of our right to enforce any other provision of these Terms of Use as to that breach or any other.
If any provision of these Terms of Use is invalid or unenforceable under applicable law, the remaining provisions will continue in full force and effect, and the invalid or unenforceable provision will be deemed superseded by a valid, enforceable provision that most closely matches the intent of the original provision.
These Terms of Use constitute the entire agreement between you and us regarding the Website and supersedes any prior or contemporaneous agreement regarding that subject matter