TERMS AND CONDITIONS OF USE OF DRLORIEGOSE.COM AND CALMUP
Welcome to the website of the CalmUp® Program and Lorie Gose, Psy.D. The following are the terms and conditions of use for this website and the CalmUp® business. Please carefully review them prior to submitting any information through the Site, using information contained on the Site, attending a CalmUp® sponsored event, or working with the CalmUp® Journey tool.
SUMMARY OF IMPORTANT LEGAL INFORMATION
DrLorieGose.com (the “Site”) is produced by CalmUp, LLC (“CalmUp”). The Site is part of a program created by Dr. Lorie Gose comprised of the Site, books, materials, conferences, workshops, small group sessions (collectively, the “CalmUp® Program”). All use of the CalmUp® Program is subject to the Terms and Conditions set forth below. By entering and using the Site or by using any part of the CalmUp® Program, you acknowledge that you have read and understood these Terms and Conditions and that you agree to abide by them.
The Site is designed for educational purposes only. CalmUp and Dr. Lorie Gose do not guarantee and/or warrant any products or services discussed or advertised on the Site, linked from the Site, or the CalmUp® Program. Any use of the CalmUp® Program or the information contained in the CalmUp® Program is at your own risk. CalmUp will not be responsible for the consequences of your decision to utilize the information contained in the CalmUp® Program and recommends discussing whether the CalmUp® Program is correct for your specific situation with your psychologist, therapist, psychiatrist, or other mental health professional. UNLESS OTHERWISE AGREED TO IN WRITING, DR. LORIE GOSE IS NOT ACTING AS YOUR PSYCHOLOGIST, IS NOT ENTERING INTO A PATIENT/DOCTOR RELATIONSHIP WITH YOU, NOR IS OFFERING ADVICE ABOUT YOUR SPECIFIC SITUATION. IF YOU ARE CURRENTLY SEEKING PROFESSIONAL HELP, YOU SHOULD USE THE CALMUP® PROGRAM IN CONJUNCTION WITH SESSIONS WITH YOUR MENTAL HEALTH PROFESSIONAL.
The information on the Site is not intended nor implied to be a substitute for professional psychological advice. Always consult your mental health or healthcare provider prior to starting any new treatment or with any questions, you may have regarding a psychological condition. Do not use information from the DrLorieGose.com website to diagnose or treat a health condition or disease without consulting a qualified mental health or health care provider.
CalmUp retains all copyrights and other proprietary rights in or relating to any content, including any software, provided on the Site and/or in the CalmUp® Program. The contents of this Site and/or in the CalmUp® Program may be viewed and accessed only for your personal, non-commercial use. The materials at this Site and/or the CalmUp® Program may not be modified in any way, reproduced, distributed, or used for any public or commercial purpose unless expressly permitted and provided that all copyright and other proprietary notices are retained on any copies made of the materials. Any use or display of the materials on this Site and/or in the CalmUp® Program on any other website or networked computer environment for any purpose is prohibited. The materials at this Site and/or in the CalmUp® Program are copyrighted and any unauthorized use of these materials may violate copyright, trademark, and other laws. Should you breach any of these terms, your authorization to use this Site and/or in the CalmUp® Program is terminated and you must immediately destroy any downloaded or printed materials. You may not sell, transfer, reproduce, transmit, distribute, perform, or display such content for any commercial purpose without the express consent of CalmUp.
CHANGES TO THE TERMS AND CONDITIONS OF USE
CalmUp reserves the right to make any modification to our Terms and Conditions of Use as we deem necessary or desirable without prior notification to you. We suggest, therefore, that you re-read this important notice containing our Terms and Conditions of Use from time to time in order that you stay informed as to any such changes. Please note any deletions or modifications to these Terms and Conditions of Use shall be effective immediately upon the posting thereof.
REGISTRATION FOR LIVE EVENTS
Space is limited at live events and CalmUp reserves a spot for you when you register for a CalmUp® Program live event. By registering for a live CalmUp® Program, you agree and acknowledge that you will be charged the event fee unless a cancelation notice is received by CalmUp at least three business days prior to the date of the event.
PAYMENTS FOR LIVE EVENTS
Payment for all live CalmUp® Programs must be made by credit card within three days of registering for an event. Payment options will be presented to you upon registering for an event.
PURCHASE OF CALMUP® PROGRAM MATERIALS
CalmUp and/or Dr. Lorie Gose own copyrights for the materials contained in this Site and/or in the CalmUp® Program, including all text, graphics, and photos. All rights are reserved. Use, reproduction, and/or re-transmission by any means of any of the material contained in this Site and/or in the CalmUp® Program without written permission are strictly prohibited.
The following are trademarks and service marks of CalmUp, and/or Dr. Lorie Gose: CalmUp, CalmUp Journey, CalmUp Program, the Daily Ascending Tool, DrLorieGose.com, Dr. Lorie, and Dr. Lorie Gose. Any other trademarks appearing on pages linked to this Site are property of the respective owners and/or operators of those websites.
LINKS TO OTHER SITES ON DRLORIEGOSE.COM
CHANGES IN THE SITE, ITS CONTENT, AND ITS FEATURES
CalmUp reserves the right, at any time in our sole discretion, to modify, suspend, or discontinue the Site or any services offered through the Site, with or without notice; change the equipment, third-party sites, and/or programs necessary to access the Site; modify any fees charged in connection with the Site; and/or offer opportunities to some or all users of the Site. CalmUp may discontinue disseminating any portion of information or category of information, may change or eliminate any transmission method and may change transmission speeds or other signal characteristics. You agree that we shall not be liable to you or to any third party should any of the foregoing occur with respect to the Site. Further, CalmUp may request additional information at any time by you to update or enhance benefits and/or use of the Site.
THE MATERIALS PROVIDED AT THIS SITE AND/OUR IN THE CALMUP® PROGRAM ARE PROVIDED “AS IS” WITHOUT ANY WARRANTIES OF ANY KIND INCLUDING WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, OR NON-INFRINGEMENT OF INTELLECTUAL PROPERTY. CalmUp does not warrant the accuracy and completeness of the materials at this Site and/or in the CalmUp® Program. CalmUp makes no commitment to update the materials on this Site and/or in the CalmUp® Program, even if out of date. Information published at this Site and/or in the CalmUp® Program may refer to products, programs, or services that are not available in your country or region.
LIMITATION OF LIABILITY
IN NO EVENT WILL CALMUP, DR. LORIE GOSE, THEIR AFFILIATES, SUPPLIERS, OR OTHER THIRD PARTIES MENTIONED AT THIS SITE AND/OR IN THE CALMUP® PROGRAM BE LIABLE FOR ANY DAMAGES WHATSOEVER (INCLUDING, WITHOUT LIMITATION, THOSE RESULTING FROM EMOTIONAL DISTRESS, LOST PROFITS, LOST DATA OR BUSINESS INTERRUPTION) ARISING FROM THE USE, INABILITY TO USE, OR THE RESULTS OF USE OF THIS SITE, ANY WEBSITES LINKED TO THIS SITE, ANY MATERIALS OR INFORMATION CONTAINED AT ANY OR ALL SUCH SITES AND/OR THE CALMUP® PROGRAM, WHETHER BASED ON WARRANTY, CONTRACT, TORT OR ANY OTHER LEGAL THEORY AND WHETHER OR NOT ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.
Subject to CalmUp’s Privacy Statement, any material, information or other communication you transmit or post to this Site or communicate at a live CalmUp® Program will be considered non-confidential and non-proprietary. Neither CalmUp nor Dr. Lorie Gose will have any obligations with respect to such communications. CalmUp and its designees are free to copy, disclose, distribute, incorporate, and otherwise use the communications and all data, images, sounds, text, and other collateral embodied therein for any and all commercial or non-commercial purposes. You are prohibited from posting or transmitting to or from this Site any unlawful, threatening, libelous, defamatory, obscene, pornographic, or otherwise inappropriate material that would violate any law.
CALMUP MAKES NO REPRESENTATIONS, PROMISES, WARRANTIES, OR UNDERTAKINGS CONTRARY TO THOSE SET FORTH ABOVE.
COPYRIGHT AND TRADEMARK COMPLAINTS
CalmUp respects the intellectual property rights of others. CalmUp is committed to complying with copyright and related laws, including the Digital Millennium Copyright Act (DMCA), and we require all users of the Site to comply with these laws. Accordingly, you may not upload, post, store any material or content on, disseminate any material or content over, or otherwise transmit to or on the Site in any manner material that constitutes an infringement of third party intellectual property rights, including but not limited to, rights granted by copyright law. You may not post, modify, distribute, or reproduce in any way any copyrighted material, trademarks, or other proprietary information belonging to others without obtaining the prior written consent of the owner of such proprietary rights. When CalmUp receives proper Notification of Alleged Copyright Infringement, CalmUp promptly removes or disables access to the allegedly infringing material upon conclusion the material infringes upon another rights and terminates the accounts of repeat infringers as described herein in accordance with the Digital Millennium Copyright Act. If You believe that any material on the Site infringes upon any copyright that You own or control, please contact firstname.lastname@example.org to report infringement of your copyright. CalmUp may, at its sole discretion, terminate users who are deemed by CalmUp to be have committed copyright infringement, whether or not there is any repeat infringement.
This Site and all content contained within are private property. All interactions on this Site must comply with these Terms and Conditions of Use. By submitting material to the Site (“User Communications”), including, but not limited to, information, suggestions, ideas, concepts, know-how, techniques, questions, comments or other communication, whether such submission is by a public feature of the Site (i.e. posting area) or by private transmission (i.e. email and/or letter to CalmUp), you warrant that such content is original to you, that you own all applicable legal rights in such content, and that the content does not and will not infringe upon the rights of any other person or entity. Further, by submitting any User Communication, you agree and acknowledge that you have expressly granted CalmUp a royalty-free, perpetual, irrevocable, non-exclusive right and license to use, reproduce, modify, adapt, publish, translate, and distribute such material (in whole or in part) worldwide and/or to incorporate it in other works in any form, media, or technology now known or hereafter developed for the full term of any copyright that may exist in such material. You agree that we may use any User Communication for any purpose in our sole discretion, including reproduction, transmission, disclosure, publication, broadcast, development, manufacturing and/or marketing in any manner whatsoever for any or all commercial or non-commercial purposes. You agree that CalmUp shall be under no obligation to maintain any User Communication in confidence; to pay compensation for any User Communication; and/or to monitor, use, return, review or respond to any User Communication.
If you post information on our Site, you are solely responsible for each User Communication that you post on the Site and agree that you will not hold CalmUp responsible or liable for any User Communication from another user that you access on the Site. Moreover, CalmUp reserves the right to delete any User Communication from our Site. Categories of prohibited User Communications are set forth below and reflect examples but are not intended to be exhaustive of what constitutes prohibited User Communications. Without limitation, you agree that you will not post or transmit to other users anything that you know or reasonably believe: (1) misrepresents yourself; (2) is defamatory, abusive, obscene, profane, or offensive; (3) infringes or violates another party’s intellectual property rights (such as menus or other materials for which you do not have written authority from the owner of such materials to post on the Site), including any party’s right of publicity or right of privacy; (4) violates any law, statute, ordinance, or regulation (including, but not limited to, those governing export control, consumer protection, unfair competition, anti-discrimination or false advertising); (5) is threatening, harassing, or promoting racism, bigotry, or hatred of any kind; (6) promotes or encourages violence against a person or damage or destruction of property; (7) is inaccurate, false or misleading in any way; (8) is illegal or promotes any illegal activities; (9) contains software viruses or any other computer code, files, or programs designed to interrupt, destroy, or limit the functionality of any computer software or hardware or telecommunications equipment; and/or (10) contains any advertising, promotional materials, “junk mail,” “spam,” “chain letters,” “pyramid schemes,” or any other form of solicitation. You understand that when using the Site, you will be exposed to User Communications from a variety of sources and that we are not responsible for the accuracy, usefulness, safety, or intellectual property rights of or relating to such User Communications. Further, you agree and acknowledge that CalmUp is under no obligation to post any User Communications.
GOVERNING LAW; VENUE AND JURISDICTION
By using the Site and/or the CalmUp® Program, you agree that the laws of the State of Colorado, without regard to principles of conflict of laws, will govern these Terms and Conditions of Use and any dispute of any sort that might arise between You and CalmUp and/or Dr. Lorie Gose. You agree not to commence or prosecute any action in connection therewith other than in the state and federal courts located in Denver, Colorado, and you hereby consent to, and waive all defenses of lack of personal jurisdiction and forum non conveniens with respect to, venue and jurisdiction in the state and federal courts of Colorado.
BY ENTERING THE SITE AND/OR USING THE CALMUP® PROGRAM, YOU ACKNOWLEDGE AND AGREE THAT YOU HAVE READ AND UNDERSTAND THESE TERMS AND CONDITIONS OF USE, THAT THE PROVISIONS, DISCLOSURES AND DISCLAIMERS SET FORTH ABOVE ARE FAIR AND REASONABLE, AND THAT YOUR AGREEMENT TO FOLLOW AND BE BOUND BY THEM IS VOLUNTARY AND IS NOT THE RESULT OF FRAUD, DURESS OR UNDUE INFLUENCE EXERCISED UPON YOU BY ANY PERSON OR ENTITY.
YOU ALSO AGREE TO HOLD CALMUP, AND THEIR OFFICERS, DIRECTORS, MEMBERS, AND AGENTS HARMLESS FROM ANY CLAIM, COMPLAINT, OR DAMAGE ARISING OUT OF OR IN CONNECTION WITH YOUR USE OF THE SITE.