Effective Date: Jan 26, 2016.
PLEASE NOTE THAT YOUR USE OF AND ACCESS TO OUR SERVICES (DEFINED BELOW) ARE SUBJECT TO THE FOLLOWING TERMS; IF YOU DO NOT AGREE TO ALL OF THE FOLLOWING, YOU MAY NOT USE OR ACCESS THE SERVICES IN ANY MANNER.
Welcome to Sesh. Please read our terms to understand the rules and restrictions that govern your use of our website(s), products, services and applications (the “Services”). Subscribers, account holders, customers, users, service providers, and others who download, access, use, and/or subscribe to the Services (the "User" or "you") are required to agree to the following terms and conditions (the "Terms of Service"). If you have any questions, comments, or concerns regarding these terms or the Services, please contact us at firstname.lastname@example.org.
Sesh is a platform for coaching. We connect individuals seeking improvement with coaches and peers who are wiling to help.
THE CONTENTS OF THE SERVICES, SUCH AS TEXT, GRAPHICS, IMAGES, INFORMATION AND COACHING SERVICES OBTAINED FROM USERS OF THE SERVICES, LICENSORS, AND OTHER MATERIAL CONTAINED ON THE SERVICES (THE "CONTENT") ARE FOR INFORMATIONAL PURPOSES ONLY. THE CONTENT IS NOT INTENDED TO BE A SUBSTITUTE FOR PROFESSIONAL MEDICAL ADVICE, DIAGNOSIS, OR TREATMENT.
USERS OF THE SERVICES, INCLUDING COACHES, ARE NOT THE EMPLOYEES OR AGENTS OF SESH.
ALWAYS SEEK THE ADVICE OF YOUR PHYSICIAN OR OTHER QUALIFIED HEALTH PROVIDER WITH ANY QUESTION YOU MAY HAVE REGARDING A MEDICAL CONDITION.
SESH DOES NOT RECOMMEND OR ENDORSE ANY SPECIFIC TESTS, PHYSICIANS, PRODUCTS, PROCEDURES, OPINIONS, OR OTHER INFORMATION THAT MAY BE MENTIONED ON THE SERVICES. RELIANCE ON ANY INFORMATION PROVIDED BY SESH, SESH EMPLOYEES, PARTNERS, OR OTHER USERS OF THE SERVICES IS SOLELY AT YOUR OWN RISK.
BY ACCESSING, BROWSING AND/OR USING THE SERVICES, YOU AGREE THAT YOU ARE SOLELY RESPONSIBLE FOR ANY HABITS YOU MAY CHOOSE TO PURSUE USING THE SERVICES AND SESH DOES NOT WARRANT, RECOMMEND, OR ENDORSE ANY PARTICULAR HABITS TO USERS. WE HAVE NO OBLIGATION TO REVIEW OR MODIFY INFORMATION THAT IS COMMUNICATED BETWEEN USERS ON THE SERVICES OR OTHER CONTENT AND IN ALL INSTANCES, IT IS YOUR RESPONSIBILITY TO EVALUATE THE ACCURACY, TIMELINESS, COMPLETENESS, OR USEFULNESS OF THE INFORMATION OR CONTENT. UNDER NO CIRCUMSTANCES WILL SESH BE LIABLE FOR ANY LOSS OR DAMAGE CAUSED BY YOUR RELIANCE ON ANY INFORMATION OR CONTENT.
USE OF THE SERVICES IS NOT FOR EMERGENCIES. IF YOU THINK YOU HAVE A MEDICAL OR MENTAL HEALTH EMERGENCY, CALL 911 OR GO TO THE NEAREST OPEN CLINIC OR EMERGENCY ROOM.
IF YOU ARE CONSIDERING COMMITTING SUICIDE OR FEEL THAT YOU ARE A DANGER TO YOURSELF OR TO OTHERS, YOU MUST DISCONTINUE USE OF THE SERVICES IMMEDIATELY, CALL 911 OR NOTIFY APPROPRIATE POLICE OR EMERGENCY MEDICAL PERSONNEL.
IF YOU HAVE EXPERIENCED OR HAVE KNOWLEDGE OF CHILD OR DEPENDENT ADULT OR ELDER ABUSE PLEASE CONTACT YOUR LOCAL PROTECTIVE SERVICES AGENCY.
MODIFICATION OF TERMS AND/OR SERVICES
Sesh reserves the right, in its sole discretion, to modify, discontinue or terminate the Services or to modify these Terms of Service at any time and without prior notice. If Sesh amends these Terms of Service, it will update this posting on the Website and specify the effective date of the new version of the Terms of Service. Your continued use of the Services following the posting of a new version of the Terms of Service shall constitute your acceptance of any such amendments. Accordingly, you should check to see if a new version of the Terms of Service has been posted each time you use the Services. If the amended Terms of Service are not acceptable to you, your only recourse is to cease using the Services.
The Children’s Online Privacy Protection Act (“COPPA”) requires that online service providers obtain parental consent before they knowingly collect personally identifiable information online from children who are under 13. We do not knowingly collect or solicit personally identifiable information from children under 13; if you are a child under 13, please do not attempt to register for the Services or send any personal information about yourself to us. If we learn that we have collected personal information from a child under 13, we will delete that information as quickly as possible and terminate the associated account. If you believe that a child under 13 may have provided us personal information, please contact us at email@example.com.
You will not share your account, password, or any other credentials used to access the Service with anyone, and you must protect the security of your account credentials. You are responsible for any activity associated with your account.
Your use of the Services is subject to the following additional restrictions:
You represent, warrant, and agree that you will not contribute any Content or otherwise use the Services or interact with the Services in a manner that:
a. Infringes or violates the intellectual property rights or any other rights of anyone else (including Sesh);
b. Violates any law or regulation;
c. Provides Users with medical, counseling, therapy, or legal services or advice;
d. Is harmful, fraudulent, deceptive, threatening, harassing, defamatory, obscene, or otherwise objectionable;
e. Jeopardizes the security of your Sesh account or anyone else’s (such as allowing someone else to log on as you on the Services);
f. Attempts, in any manner, to obtain the password, account, or other security information from any other user;
g. Violates the security of any computer network, or cracks any passwords or security encryption codes;
h. Impersonates or misrepresents your affiliation with any person or entity;
i. Runs Maillist, Listserv, any form of auto-responder or “spam” on the Services, or any processes that run or are activated while you are not logged into the Services, or that otherwise interfere with the proper working of the Services (including by placing an unreasonable load on the Services’ infrastructure);
j. “Crawls,” “scrapes,” or “spiders” any page, data or portion of or relating to the Services or Content (through use of manual or automated means);
k. Copies or stores any significant portion of the Content and/or share, post or distribute any significant portion of the Content elsewhere;
l. Decompiles, reverse engineers, or otherwise attempts to obtain the source code or underlying ideas or information of or relating to the Services.
m. Evidences the need for services that exceed those provided in the Services. Sesh seeks to protect users by providing services only to those who are likely to benefit from the Services provided. If your needs appear beyond the scope of coaching, you will be advised to seek alternative services which can be found through the services of a mental health professional, medical professional, or support organization.
A violation of any of the foregoing is grounds for termination of your right to use or access the Services.
THE SERVICES ONLY PROVIDE A PLATFORM
The Services include, among other things, a platform which enables communication and connections between Users. Users providing information and advice ("Coaching Services" and each User providing Coaching Services a "Coach") connect with Users seeking information and advice ("Clients" and collectively with Coaches, each a "User").
Each Client is solely responsible for selecting a Coach and the Coaching Services. Any decision by a Client to receive Coaching Services, and any decision by a Coach to provide Coaching Services, is a decision made in such User's sole discretion. Sesh is not responsible for the performance of Users, nor does it have control over the quality, suitability, reliability, durability, timing, legality, failure to provide, Content, acts or omissions, or any other aspect whatsoever of Users, including the Coaching Services provided by Coaches.
Sesh makes no representations or warranties whatsoever with respect to any User. You understand that Sesh may not routinely screen its Users, inquire into the background of its Users or attempt to verify information provided by any User. Sesh may not verify or confirm that any User is who they claim to be or is accurately representing themselves and may not verify or confirm any representations with respect to Coaching Services offered by Coaches through the Services. Sesh does not assume any responsibility for the accuracy or reliability of this information or any information provided through the Services.
Users do not have authority to enter into written or oral — whether implied or express — contracts on behalf of Sesh. Each User acknowledges that Sesh does not, in any way, supervise, direct, or control a Coach's work or Coaching Services performed in any manner. Sesh will not provide any equipment, labor or materials needed for a particular Arrangement.
The Services are not an employment service and Sesh does not serve as an employer of any User. As such, Sesh will not be liable for any tax or withholding, including but not limited to unemployment insurance, employer's liability, social security or payroll withholding tax in connection with your use of the Services.
As a Coach, you may receive non-public information from Clients that would reasonably be understood, under the circumstances, as confidential information, including personal details of Clients ("Confidential Information"). As a Coach, you acknowledge and agree not to use any Confidential Information of a Client for any purpose other than for providing the Coaching Services to such Client. You shall not disclose or permit disclosure of any Confidential Information of a Client to any third parties. You agree to take all reasonable measures to protect the secrecy of and avoid disclosure or use of Confidential Information of a Client in order to prevent it from falling into the public domain or the possession of third parties. You agree to notify the Client of any actual or suspected misuse or unauthorized disclosure of Confidential Information of the Client's which may come to your attention. Confidential Information you receive regarding a Client will not be deemed Confidential Information if it: (a) was in the public domain, including publicly available through the Services at the time it was disclosed or has entered the public domain through no fault of your own; (b) was known to you, without restriction, excluding restriction imposed by Clients in anticipation of entering into an Arrangement, at the time of disclosure, as demonstrated by evidence in existence at the time of disclosure; (c) is disclosed with the prior written approval of the Client; or (d) becomes known to you, without restriction, from a source other than the Client without your breach of these Terms of Service.
The materials displayed or performed or available on or through the Services, including, but not limited to, text, video, audio, graphics, data, articles, photos, images, illustrations, and so forth (all of the foregoing, the “Content”) are protected by copyright and/or other intellectual property laws. You promise to abide by all copyright notices, trademark rules, information, and restrictions contained in any Content you access through the Services, and you won’t use, copy, reproduce, modify, translate, publish, broadcast, transmit, distribute, perform, upload, display, license, sell or otherwise exploit for any purpose any Content not owned by you, (i) without the prior consent of the owner of that Content or (ii) in a way that violates someone else’s (including Sesh’s) rights.
You understand that Sesh owns the Services. You will not modify, publish, transmit, participate in the transfer or sale of, reproduce (except as expressly provided in this Section), creative derivative works based on, or otherwise exploit any of the Services.
WE DO NOT PROVIDE MEDICAL SERVICES OF ANY KIND
The Services provide you with access to coaching and peer support. The Services cannot and are not intended to provide medical advice or diagnosis. No users of the Services, including coaches, are authorized to provide medical services of any kind via the Services. We advise you to always seek the advice of a physician or other qualified healthcare provider with any questions regarding your personal health or medical conditions. Never disregard, avoid, or delay in obtaining medical advice from your doctor or other qualified healthcare provider because of information you have received via the Services. If you have or suspect that you have a medical problem or condition, please contact a qualified healthcare professional immediately.
You acknowledge that although some of the Content that is provided to you through the Services, (including information provided in direct response to your questions or postings) may be provided by individuals who currently work, or have at some point worked in the medical profession, the provision of such information does NOT create a medical professional/patient relationship, and does not constitute an opinion, medical advice, or diagnosis or treatment of any particular condition, but is provided in a capacity unrelated to any medical service or treatment.
NO LICENSED MEDICAL PROFESSIONAL/PATIENT RELATIONSHIP IS CREATED BY USING INFORMATION AND/OR SERVICES PROVIDED BY, OR THROUGH THE USE OF THE SERVICES OR THROUGH ANY OTHER COMMUNICATIONS FROM US. THE CONTENT OF THE SERVICES ARE NOT AND SHOULD NOT BE CONSIDERED MEDICAL ADVICE OR A SUBSTITUTE FOR INDIVIDUAL MEDICAL ADVICE, DIAGNOSIS OR TREATMENT. DO NOT DISREGARD, AVOID OR DELAY OBTAINING MEDICAL ADVICE FROM A QUALIFIED HEALTH CARE PROFESSIONAL BECAUSE OF SOMETHING YOU MAY HAVE READ ON THE SITE. YOU SHOULD ALWAYS TALK TO A MEDICAL PROFESSIONAL FOR DIAGNOSIS AND TREATMENT. DO NOT USE THE SITE OR SERVICES FOR EMERGENCY MEDICAL NEEDS. IF YOU EXPERIENCE A MEDICAL EMERGENCY, CALL 911. YOUR USE OF INFORMATION PROVIDED ON THE STIE IS SOLELY AT YOUR OWN RISK. NOTHING STATED OR POSTED ON THE SITE OR AVAILABLE THROUGH ANY SERVICES IS INTENDED TO BE, AND MUST NOT BE TAKEN TO BE, THE PRACTICE OF MEDICINE OR THE PROVISIION OF MEDICAL CARE.
In order to use certain features of the Services, you must register and create an account with Sesh (your "Account"). You are responsible for maintaining the confidentiality of any passwords associated with your Account, monitoring all activity under the Account, and you assume full responsibility for all activities that occur under your Account (except as to security breaches caused by Sesh). Sesh reserves the right to suspend or terminate your Account at any time, for any reason, and shall incur no liability for such suspension or termination.
By using the Website or Services, you agree that any legal remedy or recourse of any kind that you seek to obtain for actions or omissions of other Users or other third parties will be limited to a claim against the particular User or third party who caused you harm. You agree not to attempt to impose any liability on or seek any legal remedy from Sesh with respect to such User’s, or third party's actions or omissions.
THE SERVICES ARE ONLY A VENUE FOR CONNECTING USERS. BECAUSE SESH IS NOT INVOLVED IN THE ACTUAL COMMUNICATIONS BETWEEN USERS, IN THE EVENT YOU HAVE A DISPUTE WITH ONE OR MORE USERS, YOU RELEASE SESH (AND OUR OFFICERS, DIRECTORS, AGENTS, INVESTORS, SUBSIDIARIES AND EMPLOYEES) FROM ANY AND ALL CLAIMS, DEMANDS, OR DAMAGES (ACTUAL OR CONSEQUENTIAL) OF EVERY KIND AND NATURE, KNOWN OR UNKNOWN, SUSPECTED OR UNSUSPECTED, DISCLOSED AND UNDISCLOSED, ARISING OUT OF OR IN ANY WAY CONNECTED WITH SUCH DISPUTES.
If you are a Coach, you acknowledge and agree that you are solely and fully responsible for any and all Content you post and publish to the Services and any and all Coaching Services you provide to Clients through the Services. Accordingly, you represent and warrant that your Coaching Services and any Content you post and provide (i) will not breach any agreements you have entered into with any third parties, including obligations of confidentiality, and (ii) will (a) be in compliance with all applicable laws rules and regulations that may apply, (b) be truthful, accurate and not misleading, and (c) not conflict with the rights of third parties.
You also certify that you hold any licenses and/or certifications, as well as any forms of insurance that are necessary for providing your services to the public.
A User may terminate Coaching Services that it is a party to at any time, by contacting firstname.lastname@example.org. Upon termination of Coaching Services, any pre-paid Coach Payments (as defined below) will not be refunded or otherwise provided back to Client, unless determined otherwise under the company’s sole discretion.
Sesh assumes no responsibility for Users' compliance with or fulfillment of any arrangements with other Users, including early termination of Coaching Services by a User, or duties to third parties, or compliance with applicable laws, rules and regulations. Sesh does not endorse any Coach, Client, Coaching Service or Content.
BILLING AND PAYMENT
Users of the Service will be required to provide their PayPal, credit card and/or bank account details ("Payment Account") to Sesh and the Payment Service Provider used by Sesh (the "PSP"). Clients will be responsible for paying Sesh for the Coaching Services package that they have selected. Clients will NOT pay Coaches directly for Coaching Services that are provided through the Services.
Coaches will receive payment, based on terms agreed upon with Sesh, for their Coaching Services (“Coach Payment”) from Sesh and NOT from Clients.
Sesh reserves the right, in its sole discretion (but not the obligation), to (i) place on hold any Coach Payment, or (ii) refund, provide credits or arrange for the PSP to do so.
Users of the Services will be liable for any and all taxes required to be paid on the Coaching Services or Services provided under these Terms of Service (other than taxes on Sesh's income).
Sesh does not make any representations or warranties concerning any content contained in or accessed through the Services, and we will not be responsible or liable for the accuracy, copyright compliance, legality, or decency of material contained in or accessed through the Services. We make no representations or warranties regarding suggestions or recommendations of services or products offered or purchased through the Services. Services purchased or offered (whether or not following such recommendations and suggestions) through the Services are provided “AS IS” and without any warranty of any kind from Sesh or others (unless, with respect to such others only, provided expressly and unambiguously in writing by a designated third party for a specific product). THE SERVICES AND CONTENT ARE PROVIDED ON AN “AS-IS” BASIS, WITHOUT WARRANTIES OR ANY KIND, EITHER EXPRESS OR IMPLIED, INCLUDING, WITHOUT LIMITATION, IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, NON-INFRINGEMENT, OR THAT USE OF THE SERVICES WILL BE UNINTERRUPTED OR ERROR-FREE. SOME STATES DO NOT ALLOW LIMITATIONS ON HOW LONG AN IMPLIED WARRANTY LASTS, SO THE ABOVE LIMITATIONS MAY NOT APPLY TO YOU.
LIMITATION OF LIABILITY
TO THE FULLEST EXTENT ALLOWED BY APPLICABLE LAW, UNDER NO CIRCUMSTANCES AND UNDER NO LEGAL THEORY (INCLUDING, WITHOUT LIMITATION, TORT, CONTRACT, STRICT LIABILITY, OR OTHERWISE) SHALL SESH BE LIABLE TO YOU OR TO ANY OTHER PERSON FOR (A) ANY INDIRECT, SPECIAL, INCIDENTAL, OR CONSEQUENTIAL DAMAGES OF ANY KIND, INCLUDING DAMAGES FOR LOST PROFITS, LOSS OF GOODWILL, WORK STOPPAGE, ACCURACY OF RESULTS, OR COMPUTER FAILURE OR MALFUNCTION, OR (B) ANY AMOUNT, IN THE AGGREGATE, IN EXCESS OF THE GREATER OF (I) $100 OR (II) THE AMOUNTS PAID BY YOU TO SESH IN CONNECTION WITH THE SERVICES IN THE TWELVE (12) MONTH PERIOD PRECEDING THIS APPLICABLE CLAIM, OR (III) ANY MATTER BEYOND OUR REASONABLE CONTROL. SOME STATES DO NOT ALLOW THE EXCLUSION OR LIMITATION OF CERTAIN DAMAGES, SO THE ABOVE LIMITATION AND EXCLUSIONS MAY NOT APPLY TO YOU.
You agree to indemnify and hold Sesh, its affiliates, officers, agents, employees, and partners harmless for and against any and all claims, liabilities, damages (actual and consequential), losses and expenses (including attorneys’ fees) arising from or in any way related to any third party claims relating to (a) your use of the Services (including any actions taken by a third party using your account), and (b) your violation of these Terms. In the event of such a claim, suit, or action (“Claim”), if you have an account, we will attempt to provide notice of the Claim to the contact information we have for your account (provided that failure to deliver such notice shall not eliminate or reduce your indemnification obligations hereunder).
Assignment. You may not assign, delegate or transfer these Terms or your rights or obligations hereunder, or your Services account, in any way (by operation of law or otherwise) without Sesh’s prior written consent. We may transfer, assign, or delegate these Terms and our rights and obligations without consent.
Choice of Law. These Terms are governed by and will be construed under the laws of the State of California, without regard to the conflicts of laws provisions thereof. Any dispute arising from or relating to the subject matter of these Terms shall be finally settled in Los Angeles County, California, in English, in accordance with the Streamlined Arbitration Rules and Procedures of Judicial Arbitration and Mediation Services, Inc. (“JAMS”) then in effect, by one commercial arbitrator with substantial experience in resolving intellectual property and commercial contract disputes, who shall be selected from the appropriate list of JAMS arbitrators in accordance with the Arbitration Rules and Procedures of JAMS. Judgment upon the award rendered by such arbitrator may be entered in any court of competent jurisdiction. Notwithstanding the foregoing obligation to arbitrate disputes, each party shall have the right to pursue injunctive or other equitable relief at any time, from any court of competent jurisdiction. For all purposes of this Agreement, the parties consent to exclusive jurisdiction and venue in the state or federal courts located in, respectively, Los Angeles County, California.
Miscellaneous. You will be responsible for paying withholding, filing, and reporting all taxes, duties, and other governmental assessments associated with your activity in connection with the Services, provided that Sesh may, in its sole discretion do any of the foregoing on your behalf or for itself as it sees fit. The failure of either you or us to exercise, in any way, any right herein shall not be deemed a waiver of any further rights hereunder. If any provision of this Agreement is found to be unenforceable or invalid, that provision will be limited or eliminated, to the minimum extent necessary, so that these Terms shall otherwise remain in full force and effect and enforceable. You and Sesh agree that these Terms are the complete and exclusive statement of the mutual understanding between you and Sesh, and that it supersedes and cancels all previous written and oral agreements, communications and other understandings relating to the subject matter of these Terms, and that all modifications to these Terms must be in a writing signed by both parties (except as otherwise provided herein). No agency, partnership, joint venture, or employment is created as a result of these Terms and you do not have any authority of any kind to bind Sesh in any respect whatsoever. You and Sesh agree there are no third party beneficiaries intended under this Agreement.
COLLECTED INFORMATION PROVIDED BY YOU
Sesh requires certain pieces of personal information in order to operate as designed. Requested information for use of the Services may include, but is not limited to: e-mail address, name, gender, and self-selected topics. Some or all of this information, and more, may be provided via third-party account authentication. User Content you voluntarily make public using the Services will be used as described in the section entitled “User-Submitted Content” in the Terms of Service.
ADDITIONAL COLLECTED INFORMATION
Sesh will also collect non-personally identifiable information. This will typically include browser or platform type, IP address, referring site, and the date and time of each visitor request. Sesh collects this data to best serve its users. This information will never be released to others on a personally identifiable basis, but may be released in a compiled manner.
Additionally, Sesh collects information from its mobile application users who have installed the Sesh application in a similar manner to optimize the mobile experience. Any entries made on the mobile application will be used to optimize the Services, manage accounts, for research and analysis, to communicate with users and to develop content. This information will never be released to others on a personally identifiable basis, but may be released in a compiled manner.
USE OF COLLECTED INFORMATION
Third Parties: Sesh may engage certain service providers for additional features (such as hosting, etc.). Sesh is not responsible for the privacy policies and/or practices of such third parties.
Law Enforcement: Sesh will cooperate with law enforcement and disclose any requested information if they believe, in good faith, that such disclosure is necessary to: (i) handle fraud, attacks against our systems, or security conflicts, (ii) remain in line with currently applicable state and federal laws or regulations, (iii) continue to abide by our Terms of Service, or (iv) protect the public or Coach.me from any attacks against intellectual or physical property rights.
YOUR RESPONSIBILITY ONLINE
Sesh uses reasonable measures including encrypted information to protect your information, but you should remain aware that any information you share online can be accessed by others. Sesh is not responsible for the actions of those who obtain your content in this manner and cannot guarantee your safety and security. You should be aware that submitting any information and using the Services is done at your own risk.
All information passed through Sesh is primarily handled in the United States but may from time to time be handled in any country in which Sesh or its affiliate companies maintain facilities. By using the Services, you agree that the handling of your personal information and any communication through the Services, will be governed by the laws of the United States and any applicable state laws.
2015 Sesh Corporation.