Welcome! Thank you for visiting us. Please read these terms and conditions of service (“Terms”) carefully. These Terms are a binding agreement between you and Jamshidi Group, LLC (“Jamshidi Group”, “we”, or “us”). These Terms govern your use of our websites located at https://positivemasculinityacademy.com/ and any of our other websites, their respective subdomains, and software applications (“Apps”) containing a link to these Terms (collectively, our “Platform”).
BY USING ANY OF OUR PLATFORM, YOU ARE STATING THAT YOU HAVE READ AND UNDERSTAND, AND AGREE TO BE BOUND BY, THESE TERMS (WHETHER OR NOT YOU CONFIRM YOUR AGREEMENT, SUCH AS BY CLICKING “I AGREE”). IF YOU DO NOT AGREE TO THESE TERMS, YOU ARE NOT PERMITTED TO USE ANY OF OUR PLATFORM.
PLEASE BE AWARE THAT THE SECTION ENTITLED “DISPUTE RESOLUTION” OF THESE TERMS, BELOW, CONTAINS PROVISIONS GOVERNING HOW CLAIMS THAT YOU AND WE HAVE AGAINST EACH OTHER ARE RESOLVED, INCLUDING, WITHOUT LIMITATION, ANY CLAIMS THAT AROSE OR WERE ASSERTED PRIOR TO THE EFFECTIVE DATE OF THESE TERMS. IN PARTICULAR, IT CONTAINS AN ARBITRATION AGREEMENT WHICH WILL, WITH LIMITED EXCEPTIONS, REQUIRE DISPUTES BETWEEN US TO BE SUBMITTED TO BINDING AND FINAL ARBITRATION. UNLESS YOU OPT OUT OF THE ARBITRATION AGREEMENT: (1) YOU WILL ONLY BE PERMITTED TO PURSUE CLAIMS AND SEEK RELIEF AGAINST US ON AN INDIVIDUAL BASIS, NOT AS A PLAINTIFF OR CLASS MEMBER IN ANY CLASS OR REPRESENTATIVE ACTION OR PROCEEDING; AND (2) YOU ARE WAIVING YOUR RIGHT TO SEEK RELIEF IN A COURT OF LAW AND TO HAVE A JURY TRIAL ON YOUR CLAIMS. ALSO, THESE TERMS INCLUDE A RELEASE BY YOU OF ALL CLAIMS FOR DAMAGE AGAINST US AND CERTAIN THIRD PARTIES THAT MAY ARISE OUT OF THE SITE.
IF YOU THINK YOU MAY HAVE A MEDICAL EMERGENCY, CALL 911 IMMEDIATELY.
1. Related Agreements and Policies.
Additional Terms. Some of our Platform, or portions of our Platform, may be subject to additional terms (“Additional Terms”), which will be described in separate policies posted on the applicable Platform. The Additional Terms will supplement these Terms and will control over any conflict between the Additional Terms and these Terms with respect to the specific Platform, or portions thereof, subject to the Additional Terms.
No Children. Our Platform are not intended for use by children. If you are under eighteen (18), you may not use our Platform.
Accounts. In connection with particular features of our Platform, you may be required or permitted to provide your name, an email address and password and/or create an account. In registering an account on our Platform, you agree to provide and maintain true, accurate, current and complete information about yourself as prompted by the registration form. You are responsible for maintaining the confidentiality of your password for any of our Platform, and you are solely responsible for all activities that occur using your account. You will promptly inform us if you believe your account or password has been compromised or if there is any other reason you need to deactivate a password. To send us an email, use the “Contact” information on our Platform.
International Access. Our Platform are hosted from the United States of America and are not intended to subject us to the laws or jurisdictions of any state, country, or territory other than the United States. If you do access and use any of our Platform outside the United States, you are responsible for complying with all applicable local, state, federal, national, provincial, foreign, and international statutes, treaties, regulations, rules, orders, and other laws (each, a “Law”) with respect to such access and use.
3. Medical Information/Conditions
4. Restrictions on Use
5. Our Content and Proprietary Rights.
6. Third Party Content (Including Your Content).
No Responsibility for Third Party Content. Under no circumstances will we be liable in any way for any content or materials of any third parties (including users), including, but not limited to, for any errors or omissions in any content, or for any loss or damage of any kind incurred as a result of the use of any such content. (collectively, “Third Party Content”) to our Platform. We do not control any Third Party Content on our Platform and do not guarantee the availability or display of any Third Party Content. We reserve the right to remove any Third Party Content at any time in our sole discretion. Any opinions, advice, statements, views, positions, services, offers, or other Third Party Content expressed or made available on our Platform are solely those of the respective authors or distributors, and do not necessarily reflect our opinions, views, or position. We take no responsibility and assume no liability for any Third Party Content. You use or rely on Third Party Content at your own risk.
Notice and Takedown Procedures / Copyright Agent
If you believe any materials accessible on or from our Platform infringes your copyright, you may request removal of those materials (or access thereto) from our Platform by contacting our copyright agent (identified below) and providing the following information:
- Identification of the copyrighted work that you believe to be infringed.
- Identification of the material that you believe to be infringing and its location. Please describe the material, and provide us with its URL or any other pertinent information that will allow us to locate the material.
- Your name, address, telephone number and (if available) e-mail address.
- A statement that you have a good faith belief that the complained of use of the materials is not authorized by the copyright owner, its agent, or the law.
- A statement that the information that you have supplied is accurate, and indicating that “under penalty of perjury,” you are the copyright owner or are authorized to act on the copyright owner’s behalf.
- A signature or the electronic equivalent from the copyright holder or authorized representative. Our agent for copyright issues relating to our Platform is the contact indicated at the end of these Terms.
- If any content that you submitted has been removed as a result of a notification as described above and you believe that such content was posted lawfully, please contact us about our counter-notification procedure through which you can dispute the allegation and request re-posting of the content at issue.
Feedback. If Your Content includes any suggestions, ideas, or other feedback about us, our Platform, or our products, (your “Submission”): (i) you grant us all necessary rights to use your Submission; (ii) you acknowledge and agree that we are free to use and otherwise act on your Submission with no financial, credit, or other obligation whatsoever to you, but we are not obligated to use your Submission in any way; (iii) you acknowledge and agree that we are not obligated to keep your Submission confidential; and (iv) you represent that your Submission is entirely your original work.
7. Third Party Services and Platform.
Portions of our Platform may require or allow you to use third party products and services, and our Platform may contain links to third party websites or resources (such products, services, websites, and resources, collectively “Third Party Services”). We are not associated with any Third Party Services. Participation in our Platform remains subject to these Terms even if such participation requires the use of Third Party Services (e.g., webinars, discussion groups, video conferences, hosted file sites). Your use of Third Party Services is subject to the license agreements, terms and conditions, privacy policies, and other policies and agreements applicable to such Third Party Services between you and such Third Party Services. Jamshidi Group has no responsibility to you for any Third Party Services and for any such Third Party Services’ compliance with such agreements with you. We do not approve or endorse any Third Party Services, their content, or any views expressed on any Third Party Service, nor are our Platform approved or endorsed by any Third Party Services unless expressly stated otherwise.
8. Linking to Our Platform.
You may not link to or otherwise provide access to any of our Platform in any way that: (a) alters the look, feel, or functionality of any aspect of our Platform; or (b) in any way that disparages our Platform or products or that could injure the reputation or goodwill of Jamshidi Group or any of its products.
9. Infringement Claims.
We respect the intellectual property rights of others. Accordingly, we have a policy of removing Third Party Content that violates copyright, trademark, or other intellectual property Laws, suspending access to all or any portion of our Platform to any user who uses our Platform in violation of any such Law, and/or terminating in appropriate circumstances access to our Platform and the account (if any) of any user who uses our Platform in violation of any such Law. If you believe your copyright, trademark, or other intellectual property right is being infringed by a user of any of our Platform, please provide written notice to us.
10. Disclaimer of Warranties.
YOU UNDERSTAND AND AGREE THAT USE OF ANY OF OUR PLATFORM, OUR CONTENT, ANY THIRD PARTY CONTENT, OR ANY THIRD PARTY SERVICES IS AT YOUR SOLE RISK. OUR PLATFORM ARE PROVIDED ON AN “AS IS” AND “AS AVAILABLE” BASIS. THE JAMSHIDI GROUP PARTIES DISCLAIM ALL REPRESENTATIONS AND WARRANTIES OF ANY KIND, WHETHER EXPRESS, IMPLIED, OR STATUTORY, WITH RESPECT TO OUR PLATFORM, OUR CONTENT, ANY THIRD PARTY CONTENT, OR ANY THIRD PARTY SERVICES (INCLUDING, BUT NOT LIMITED TO, THE IMPLIED OR STATUTORY WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR USE OR PURPOSE, TITLE, QUIET ENJOYMENT, AND NON-INFRINGEMENT AND ANY WARRANTIES ARISING OUT OF COURSE OF DEALING, USAGE, OR TRADE). IN PARTICULAR, THE JAMSHIDI GROUP PARTIES DO NOT REPRESENT OR WARRANT THAT ANY INFORMATION OR OTHER CONTENT OBTAINED OR VIEWED BY YOU AS A RESULT OF YOUR USE OF OUR PLATFORM WILL BE ACCURATE OR RELIABLE, OR THAT YOUR ACCESS TO OUR PLATFORM OR CONTENT WILL BE UNINTERRUPTED OR ERROR-FREE. THE JAMSHIDI GROUP PARTIES DO NOT WARRANT THAT FILES AVAILABLE FOR DOWNLOAD WILL BE FREE OF VIRUSES, WORMS, TROJAN HORSES OR OTHER DESTRUCTIVE PROGRAMMING. YOU ARE RESPONSIBLE FOR IMPLEMENTING PROCEDURES SUFFICIENT TO SATISFY YOUR NEEDS FOR DATA BACK UP AND SECURITY. THE JAMSHIDI GROUP PARTIES DISCLAIM ALL EQUITABLE INDEMNITIES.
11. Indemnity and Release.
You agree that you will release, indemnify and hold harmless us, our affiliates (if any), and our or their respective content providers, suppliers, distributors, or customers, and any of our or their respective officers, directors, employees, contractors, representatives, or agents (collectively, the “Jamshidi Group Parties”) for any and all claims, actions, losses, damages and expenses (including attorneys’ fees) arising out of or resulting from: (i) your use of our Platform, (ii) Your Content, (iii) your connection to our Site, (iv) your violation of these Terms, (v) or your violation of any rights of another. If you are a California resident, you waive California Civil Code Section 1542, which says: “A general release does not extend to claims which the creditor does not know or suspect to exist in his or her favor at the time of executing the release, which if known by him or her must have materially affected his settlement with the debtor.” If you are a resident of another jurisdiction, you waive any comparable statute or doctrine.
12.Limitation of Liability.
YOU UNDERSTAND AND AGREE THAT TO THE EXTENT PERMITTED UNDER APPLICABLE LAW, IN NO EVENT WILL ANY OF THE JAMSHIDI GROUP PARTIES BE LIABLE UNDER ANY THEORY OF LIABILITY (WHETHER IN CONTRACT, TORT, STATUTORY, OR OTHERWISE) FOR ANY DIRECT, INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL, PERSONAL INJURY/WRONGFUL DEATH, PUNITIVE, OR EXEMPLARY DAMAGES, (EVEN IF SUCH PARTIES WERE ADVISED OF, KNEW OF OR SHOULD HAVE KNOWN OF THE POSSIBILITY OF SUCH DAMAGES), INCLUDING BUT NOT LIMITED TO AS A RESULT OF: (A) YOUR USE OF OR INABILITY TO USE ANY OF OUR PLATFORM, (B) ANY OF OUR CONTENT, ANY THIRD PARTY CONTENT, OR ANY THIRD PARTY SERVICES AVAILABLE THROUGH ANY OF OUR PLATFORM OR (C) ANY LOSS OF DATA. SHOULD ANY JAMSHIDI GROUP PARTIES BE FOUND TO BE LIABLE TO YOU OR ANY THIRD PARTY NOTWITHSTANDING THE FOREGOING, SUCH LIABILITY WILL NOT EXCEED $100.00 IN THE AGGREGATE.
13. Exclusions and Limitations.
Some jurisdictions do not allow the exclusion of certain warranties or the limitation or exclusion of liability for incidental or consequential damages. Accordingly, some of the above limitations and disclaimers may not apply to you. To the extent that we may not, as a matter of applicable Law, disclaim any implied warranty or limit our liabilities, the scope and duration of such warranty and the extent of liability of the Jamshidi Group Parties will be the minimum permitted under such applicable Law.
14. Indemnity and Release.
We reserve the right to refuse service, disable or prohibit logins, remove or edit content (including Third Party Content) or features, limit access to content or features, or modify or discontinue any of our features or Platform in our sole discretion. We reserve the right to charge for membership and/or to provide existing or additional optional services for a fee. The services available to you may vary depending on where you are located. We may terminate, suspend, or modify your access to all or part of any of our Platform, without notice, if you violate these Terms or you engage in any conduct that we, in our sole and absolute discretion, believe is in violation of any applicable Law or is otherwise harmful to the interests of us, any other user of any of our Platform, or any third party.
15. Modifications to Terms.
16. Dispute Resolution.
These Terms and the relationship between us will be governed by the Laws of the State of New York without regard to its conflicts of law principles. Please read the following arbitration agreement in this Section (“Arbitration Agreement”) carefully. It requires you to arbitrate disputes with Jamshidi Group and limits the manner in which you can seek relief from us.
Applicability of Arbitration Agreement. You agree that any dispute or claim relating in any way to your access or use of Our Platform or to any aspect of your relationship with Jamshidi Group, will be resolved by binding arbitration, rather than in court, except that (1) you may assert claims in small claims court if your claims qualify,; and (2) you or Jamshidi Group may seek equitable relief in court for infringement or other misuse of intellectual property rights (such as trademarks, trade dress, domain names, trade secrets, copyrights, and patents). This Arbitration Agreement shall apply, without limitation, to all claims that arose or were asserted before the effective date of these Terms or any prior version of these Terms.
Arbitration Rules and Forum. The Federal Arbitration Act governs the interpretation and enforcement of this Arbitration Agreement. To begin an arbitration proceeding, you must send a letter requesting arbitration and describing your claim to our registered agent, [CORPORATION SERVICE COMPANY, 80 STATE STREET, ALBANY, NEW YORK, 12207]. The arbitration will be conducted by JAMS, an established alternative dispute resolution provider. Disputes involving claims and counterclaims under $250,000, not inclusive of attorneys’ fees and interest, shall be subject to JAMS’s most current version of the Streamlined Arbitration Rules and procedures available at http://www.jamsadr.com/rules-streamlined-arbitration/; all other claims shall be subject to JAMS’s most current version of the Comprehensive Arbitration Rules and Procedures, available at http://www.jamsadr.com/rules-comprehensive-arbitration/. JAMS’s rules are also available at www.jamsadr.com or by calling JAMS at 800-352-5267. If JAMS is not available to arbitrate, the parties will select an alternative arbitral forum. Payment of all filing, administration and arbitrator fees will be governed by JAMS’s rules. If your claim is found frivolous, Jamshidi Group shall not be responsible for any associated costs.
You may choose to have the arbitration conducted by telephone, based on written submissions, or in person in the country where you live or at another mutually agreed location. Any judgment on the award rendered by the arbitrator may be entered in any court of competent jurisdiction.
Authority of Arbitrator. The arbitrator shall have exclusive authority to (a) determine the scope and enforceability of this Arbitration Agreement and (b) resolve any dispute related to the interpretation, applicability, enforceability or formation of this Arbitration Agreement including, but not limited to any claim that all or any part of this Arbitration Agreement is void or voidable. The arbitration will decide the rights and liabilities, if any, of you and Jamshidi Group. The arbitration proceeding will not be consolidated with any other matters or joined with any other cases or parties. The arbitrator shall have the authority to grant motions dispositive of all or part of any claim. The arbitrator shall have the authority to award monetary damages and to grant any non-monetary remedy or relief available to an individual under applicable Law, the arbitral forum’s rules, and these Terms (including the Arbitration Agreement). The arbitrator shall issue a written award and statement of decision describing the essential findings and conclusions on which the award is based, including the calculation of any damages awarded. The arbitrator has the same authority to award relief on an individual basis that a judge in a court of law would have. The award of the arbitrator is final and binding upon you and us.
Waiver of Jury Trial. YOU AND JAMSHIDI GROUP HEREBY WAIVE ANY CONSTITUTIONAL AND STATUTORY RIGHTS TO SUE IN COURT AND HAVE A TRIAL IN FRONT OF A JUDGE OR A JURY. You and Jamshidi Group are instead electing that all claims and disputes shall be resolved by arbitration under this Arbitration Agreement, except as specified in the subsection entitled “Applicability of Arbitration Agreement” above. An arbitrator can award on an individual basis the same damages and relief as a court and must follow these Terms as a court would. However, there is no judge or jury in arbitration, and court review of an arbitration award is subject to very limited review.
Waiver of Class or Other Non-Individualized Relief. ALL CLAIMS AND DISPUTES WITHIN THE SCOPE OF THIS ARBITRATION AGREEMENT MUST BE ARBITRATED ON AN INDIVIDUAL BASIS AND NOT ON A CLASS OR COLLECTIVE BASIS, ONLY INDIVIDUAL RELIEF IS AVAILABLE, AND CLAIMS OF MORE THAN ONE CUSTOMER OR USER CANNOT BE ARBITRATED OR CONSOLIDATED WITH THOSE OF ANY OTHER CUSTOMER OR USER. If a decision is issued stating that applicable law precludes enforcement of any of this subsection’s limitations as to a given claim for relief, then the claim must be severed from the arbitration and brought into the State or Federal Courts located in the state of New York. All other claims shall be arbitrated.
30-Day Right to Opt-Out. You have the right to opt out of the provisions of this Arbitration Agreement by sending a notice of your decision to opt out to us at [firstname.lastname@example.org], within 30 days after first becoming subject to this Arbitration Agreement. Your notice must include your name and address, the email address you used to set up your account (if you have one), and an unequivocal statement that you want to opt out of this Arbitration Agreement. If you opt out of this Arbitration Agreement, all other parts of these Terms will continue to apply to you. Opting out of this Arbitration Agreement has no effect on any other arbitration agreements that you may currently have, or may enter in the future, with us.
Severability. Except as provided in the subsection entitled “Waiver of Class or Other Non-Individualized Relief” above, if any part or parts of this Arbitration Agreement are found under the law to be invalid or unenforceable, then such specific part or parts shall be of no force and effect and shall be severed and the remainder of the Arbitration Agreement shall continue in full force and effect.
Survival of Agreement. This Arbitration Agreement will survive the termination of your relationship with Jamshidi Group.
Modification. Notwithstanding any provision in these Terms to the contrary, we agree that if Jamshidi Group makes any future material change to this Arbitration Agreement, you may reject that change within thirty (30) days of such change becoming effective by writing to us at [email@example.com].
Litigation. To the extent the parties are permitted under this Agreement to initiate litigation in a court, both you and Jamshidi Group agree that all claims and disputes arising out of or relating to these Terms will be litigated exclusively in the state or federal courts located in New York, NY.
17. Dispute Resolution.
When you use our Platform or send emails to us, you are communicating with us electronically. You consent to receiving communications from us electronically. We may communicate with you by email or posting notices on the applicable Site. You agree that all agreements and other communications that we provide to you electronically satisfy any legal requirement that such communications be in writing. In order to access any such communications, you must have a computer or other Internet-enabled device. In order to retain copies of any such communications, you must have a printer or data storage device. If you have a printer, you may print paper copies of any such communications for your own use. If you wish to withdraw your consent for us to communicate with you electronically, you may not use our Platform.
18. Mobile Site.
Our Platform may include certain services that are available via a mobile device, including (i) the ability to upload content to our Platform via a mobile device and (ii) the ability to browse our Platform from a mobile device (collectively, the “Mobile Site”). To the extent you access our Service through a mobile device, your wireless service carrier’s standard charges, data rates and other fees may apply. In addition, downloading, installing, or using certain elements of the Mobile Site may be prohibited or restricted by your carrier, and not all aspects of the Mobile Site may work with all carriers or devices. By using the Mobile Site, you agree that we may communicate with you regarding Jamshidi Group by electronic means and that certain information about your usage of the Mobile Site may be communicated to us.
19. App Store Flow Down Terms.
Apple App Store App. The following terms and conditions apply to you only if you have acquired an App from the Apple App Store. To the extent any other terms and conditions of these Terms are less restrictive than, or otherwise conflict with, the terms and conditions set forth in this paragraph, the terms and conditions in this paragraph apply, but solely with respect to an App from the Apple App Store. You acknowledge and agree that these Terms are solely between you and Jamshidi Group, not Apple Inc (“Apple”), and that Apple has no responsibility for any App or content thereof. Your use of any App must comply with any App Store Terms of Service. You acknowledge and agree that the license granted to You for any App is limited to a non-transferable license as defined in these Terms to use the App on any Apple-branded Products that you own or control and as permitted by the Usage Rules set forth in the App Store Terms of Service. You acknowledge that Apple has no obligation whatsoever to furnish any maintenance and support services with respect to any App. In the event of any failure of any App to conform to any applicable warranty, you may notify Apple, and Apple will refund the purchase price, if any, for any App to you; to the maximum extent permitted by applicable law, Apple will have no other warranty obligation whatsoever with respect to any App, and any other claims, losses, liabilities, damages, costs or expenses attributable to any failure to conform to any warranty will be solely governed by these Terms. You and Jamshidi Group acknowledge that Apple is not responsible for addressing any claims of you or any third party relating to any App or your possession and/or use of any App, including, but not limited to: (i) product liability claims and product warranty, whether express or implied by law; (ii) any claim that any App fails to conform to any applicable legal or regulatory requirement; and (iii) claims arising under consumer protection, privacy or similar legislation. You and Jamshidi Group acknowledge that, in the event of any third party claim that any App or your possession and use of that App infringes that third party’s intellectual property rights, Jamshidi Group, not Apple, will be solely responsible for the investigation, defense, settlement and discharge of any such intellectual property infringement claim to the extent required by these Terms. You represent and warrant that (i) you are not located in a country that is subject to a U.S. Government embargo, or that has been designated by the U.S. Government as a “terrorist supporting” country; and (ii) you are not listed on any U.S. Government list of prohibited or restricted parties. You must comply with applicable third party terms of agreement when using any App. You and Jamshidi Group acknowledge and agree that Apple, and Apple’s subsidiaries, are third party beneficiaries of these Terms as they relate to your license of any App, and that, upon your acceptance of the Terms, Apple will have the right (and will be deemed to have accepted the right) to enforce these Terms against you as a third party beneficiary thereof.
Google Play App. If you acquire an App from Google, Inc. or one of its affiliates (“Google”) via Google Play or its successor(s), then to the extent of any conflict between the Google Terms of Service and the Google Play Business and Program Policies or such other terms that Google designates as default end user license terms for Google Play (all of which together are referred to as the “Google Play Terms”), and the other terms and conditions in these Terms of Service, the Google Play Terms shall apply with respect to your use of such App. You and Jamshidi Group hereby acknowledge that Google does not have any responsibility or liability related to compliance or non-compliance by you, Jamshidi Group or any third party under these Terms or the Google Play Terms.
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