BY REGISTERING FOR HEALING HEARTS, YOU ARE CONSENTING TO OUR TERMS AND CONDITIONS.
The terms “we,” “us,” and “our” refer to Parijat Deshpande, LLC. The term the “Site” refers to
http://www.parijatdeshpande.com and any platforms on which our materials are hosted. The terms “user,” “you,” and “your” refer to site visitors, customers, and any other users of the site.
Healing Hearts (the “Service”) is a group course teaching you body-based techniques to heal from fertility trauma, pregnancy trauma, and/or birth trauma.
OVERVIEW OF SERVICE
After submitting payment and agreeing to these Terms, you will be given access to Healing Hearts content, which is dripped out over time.
Access to submit weekly written Q&A and monthly audios recorded by Parijat will terminate December 31, 2021.
Access to Service, including program materials, the member site, Q&A bank, and prerecorded materials will continue for as long as Parijat Deshpande, LLC is offering access to Healing Hearts. Access may be revoked at any time with written notice to members.
As part of Service, you will be invited to submit questions for weekly written Q&A and a Monthly pre-recorded Q&A. It is your responsibility to review the reminders and submit questions on time, prior to the deadline, to have your question answered.
USE OF THE SITE AND SERVICE
To access or use the Site or Service, you must be 18 years of age or older and have the requisite power and authority to enter into these Terms and Conditions. Children under the age of 18 are prohibited from using the Site or Service. Information provided on the Site and in the Service related to somatic trauma healing and other information are subject to change. Parijat Deshpande, LLC makes no representation or warranty that the information provided, regardless of its source (the “Content”), is accurate, complete, reliable, current, or error-free. Parijat Deshpande, LLC disclaims all liability for any inaccuracy, error, or incompleteness in the Content.
In order to use the Service, you may be required to provide information about yourself including your name, email address, username and password, and other personal information. You agree that any registration information you give to Parijat Deshpande, LLC will always be accurate, correct, and up to date. You must not impersonate someone else or provide account information or an email address other than your own. Your account must not be used for any illegal or unauthorized purpose. You must not, in the use of the Service, violate any laws in your jurisdiction.
You may use the Site and Service for lawful purposes only. You agree to be financially responsible for all purchases made by you or someone acting on your behalf through the Site. You agree to use the Site and to purchase services or products through the Site for legitimate, non-commercial purposes only. You shall not post or transmit through the Site any material which violates or infringes the rights of others, or which is threatening, abusive, defamatory, libelous, invasive of privacy or publicity rights, vulgar, obscene, profane, or otherwise objectionable, contains injurious formulas, recipes, or instructions, which encourages conduct that would constitute a criminal offense, give rise to civil liability, or otherwise violate any law.
REFUSAL OF SERVICE
The Service is offered subject to our acceptance of your order or requests. We reserve the right to refuse service to any order, person or entity, without the obligation to assign reason for doing so. No order is deemed accepted by us until payment has been processed. We may at any time change or discontinue any aspect or feature of the Site or Service, subject to us fulfilling our previous responsibilities to you based on acceptance of your payment.
We will email you to confirm your registration and details concerning Service. In the event that there is an error in this email confirmation, it is your responsibility to inform us as soon as possible.
INVESTMENTS & PAYMENTS
You agree that you are financially willing and able to invest in Service by choice and are responsible for the full payment. If paying by debit or credit card, you give Parijat Deshpande, LLC permission to automatically charge your credit card or debit card as payment for the Healing Hearts program without any additional authorization, and you will receive an electronic receipt. Please note that chargebacks are not permitted and you are agreeing that you will make the payment in full.
CANCELLATIONS, REFUNDS, MISSED PAYMENTS & RETURNS
There is a no-cancellation policy of the Service. have scheduled your call and submitted payment. There is also a no refund policy for Service. If you decide to withdraw at any time for any reason, you are still fully responsible for making all payments and no refunds will be provided.
If payment is not received by the date due or there is a problem with the payment transaction or method, you will be notified by email and then have a 3-day grace period following the due date to make the payment. Otherwise, access to Service will be put on hold. If no payment is made within the 3-day grace period, access to Service will automatically terminate and you will no longer be granted access to program materials. You are still responsible for all withstanding payments.
We endeavor to describe and display the Service as accurately as possible. While we try to be as clear as possible in explaining the Service, please do not accept that the Site is entirely accurate, current, or error-free. From time to time we may correct errors in pricing and descriptions. We reserve the right to refuse or cancel any registration with an incorrect price listing.
INTELLECTUAL PROPERTY RIGHTS
The Service content and materials are being provided to you for your individual use only and with a single-user license, which means that you are not allowed or authorized to share, copy, sell, post, distribute, reproduce, duplicate, trade, resell or otherwise disseminate any portion of the program or program materials electronically or otherwise for commercial use or in any way without my prior written consent.
All work product shall be considered Background Intellectual Property. Background Intellectual Property shall mean intellectual property, proprietary information, or confidential now-how relevant to the consultation which is in the possession of Parijat Deshpande, LLC. prior to the commencement of the consultation or generated after the commencement of the consultation. Such product shall remain property of Parijat Deshpande, LLC., including, but not limited to, ideas, charts, drawings, specifications, brochures, informational pamphlets, questionnaires, draft or final reports, findings, recommendations, data, and memoranda. Works published under copyright during the term of this agreement will remain copyright of Parijat Deshpande, LLC. No client information shall be published without written permission.
We may at any time amend these Terms and Conditions. Such amendments are effective immediately upon notice to you by us posting the new Terms and Conditions on this Site. Any use of the Site or Service by you after being notified means you accept these amendments. We reserve the right to update any portion of our Site and Service, including these Terms and Conditions, at any time. We will post the most recent versions to the Site and list the effective dates on the pages of our Terms and Conditions.
You agree not disclose to anyone outside the program any information that may help to identify another program member. This includes, but is not limited to, names, physical descriptions, biological information, access to calls or call replays, screenshots of comments in the Facebook group (even if name and picture are blurred out) and specifics to the content of interactions with other group members.
If confidentiality is breached in any manner, access from Service will be automatically revoked immediately and you forfeit any eligibility for a complete or prorated refund.
In the case of access revocation, you are still responsible for completing all remaining payments of your payment plan. You also forfeit your ability to join Service or any other service provided by us in the future.
LIMITATION OF LIABILITY
YOU AGREE THAT UNDER NO CIRCUMSTANCES SHALL WE BE LIABLE FOR DIRECT,
INDIRECT, INCIDENTAL, CONSEQUENTIAL, SPECIAL, PUNITIVE, EXEMPLARY, OR ANY
OTHER DAMAGES ARISING OUT OF YOUR USE OF THE SITE OR SERVICE.
ADDITIONALLY, PARIJAT DESHPANDE, LLC IS NOT LIABLE FOR DAMAGES IN
CONNECTION WITH (I) ANY FAILURE OF PERFORMANCE, ERROR, OMISSION, DENIAL OF SERVICE, ATTACK, INTERRUPTION, DELETION, DEFECT, DELAY IN OPERATION OR
TRANSMISSION, COMPUTER VIRUS, OR LINE OR SYSTEM FAILURE; (II) LOSS OF
REVENUE, ANTICIPATED PROFITS, BUSINESS, SAVINGS, GOODWILL OR DATA; AND (III)
THIRD PARTY THEFT OF, DESTRUCTION OF, UNAUTHORIZED ACCESS TO, ALTERATION
OF, OR USE OF YOUR INFORMATION OR PROPERTY, REGARDLESS OF OUR NEGLIGENCE, GROSS NEGLIGENCE, FAILURE OF AN ESSENTIAL PURPOSE AND WHETHER SUCH LIABILITY ARISES IN NEGLIGENCE, CONTRACT, TORT, OR ANY OTHER THEORY OF LEGAL LIABILITY. THE FOREGOING APPLIES EVEN IF PARIJAT DESHPANDE, LLC HAS BEEN ADVISED OF THE POSSIBILITY OF OR COULD HAVE FORESEEN THE
DAMAGES. IN THOSE STATES THAT DO NOT ALLOW THE EXCLUSION OR LIMITATION OF LIABILITY FOR THE DAMAGES, OUR LIABILITY IS LIMITED TO THE FULLEST POSSIBLE EXTENT PERMITTED BY LAW. IN NO EVENT SHALL PARIJAT DESHPANDE, LLC’S CUMULATIVE LIABILITY TO YOU EXCEED THE TOTAL PURCHASE PRICE OF THE
SERVICE YOU HAVE PURCHASED FROM PARIJAT DESHPANDE, LLC, AND IF NO
PURCHASE HAS BEEN MADE BY YOU PARIJAT DESHPANDE, LLC’S CUMULATIVE
LIABILITY TO YOU SHALL NOT EXCEED $100.
You shall indemnify, defend and hold harmless Parijat Deshpande, LLC from and against any liabilities, costs, damages, penalties or fees (including reasonable attorney’s fees) (“Damages”) resulting from third party claims, actions and suits (“Claims”) arising out of (i) your negligence or willful misconduct. (ii) your use of Parijat Deshpande’s IP and Background IP, and (iii) your breach of this agreement. You shall provide us with such assistance,without charge, as we may request in connection with any such defense, including, without limitation, providing us with such information, documents, records, and reasonable access to you, as we deem necessary. You shall not settle any third party claim or waive any defense without our prior written
You understand that all advice, information, and materials provided to you during the Service is considered to be guidance on wellness, and as such do not constitute medical advice. You take full responsibility for actions taken on the basis of this guidance. You agree to release all claims against Parijat Deshpande, LLC based on your implementation or interpretation of any such guidance provided to you at the time of your call.
This agreement may be terminated by either party upon a 2 week written notice. The Indemnification, Privacy, and Intellectual Property clauses will survive the termination of this agreement. Fees are still due in full.
You understand that the Service does not constitute psychotherapy or mental health counseling. The Service cannot guarantee the outcome or results of your fertility treatments, pregnancy, postpartum health, parenting, child's developmental health or wellness. The Service is not meant to be therapeutic in nature nor are they meant to provide medical advice. The Service and the information and training shared are not meant to replace the advice provided by a licensed mental health provider or a licensed medical professional.
Both parties agree to abide by the laws of the State of California. In case of a dispute, the parties shall first seek mediation through the Bay Area Mediation Services of the Bar Association of San Francisco. Each party shall be responsible for their own mediation fees. The parties stipulate to the personal jurisdiction of the state and federal courts of the county of Santa Clara, California.
ASSIGNMENT AND DELEGATIONS
You understand that these Terms of Service is an agreement specifically between yourself and Parijat Deshpande for coaching and consultation services. You understand that neither Parijat nor you can assign nor delegate any rights or performance from this consent to another individual without prior written consent.
You understand that services will be rendered at the time you have selected.
If any clause, or portion of a clause, in this Agreement is considered invalid under the rule of law, it shall be regarded as stricken while the remainder of this Agreement shall continue to be in full effect.
This Agreement constitutes the entire agreement of the parties relating to the subject matter addressed in this Agreement. This Agreement supersedes all prior communications, contracts, or agreements between the parties with respect to the subject matter addressed in this Agreement, whether oral or written.