YOUR INFORMATION AND DISCLOSURE TO THIRD PARTIES
When you use the website, you consent to receive communications from us electronically via the website. You agree to provide accurate, current, and complete information about yourself when you use the website and to update such information while you continue to use the website.
Subject to these Terms, Guidely grants you a personal, non-exclusive, non-transferable, limited and revocable license to access the website for your personal use (“Your License”). Guidely reserves the right to revoke Your License to use the Guidely website at any time, including if we detect any unauthorized use by you in violation of these Terms.
The website, the content, any materials downloaded, and all intellectual property pertaining to or contained on the website (including but not limited to copyrights, patents, database rights, graphics, designs, text, logos, trade dress, trademarks, and service marks) are owned by Guidely or third parties; all rights, title, and interest will remain the property of Guidely and/or such third-party owner, as applicable. All content is protected by trade dress, copyright, patent, and trademark laws, as well as various other intellectual property and unfair competition laws.
You are authorized to view and retain a copy of pages of the website only for your own personal, non-commercial use. You may also view and make copies of relevant documents, pages, images, or other materials on the website for the purpose of transacting business with Guidely. You agree that you will not duplicate, publish, modify, create derivative works from, participate in the transfer of, post on the World Wide Web, or in any way distribute or exploit the website, or any portion of the website, for any public or commercial use, without the express written consent of Guidely. Additionally, you agree that you (i) will not remove or alter any author, trademark, other proprietary notice, or legend displayed on the website (or printed pages produced from the website), and (ii) will not make any other modifications to any documents obtained from the website other than in connection with completing information required to transact business with Guidely.
USE OF INFORMATION AND MATERIALS
The information and materials contained on the website, and the Terms, policies, and descriptions on the website, are subject to change. You accept sole responsibility for all of your activities using the website. Your use of the website is limited to the intended function of the website. Unauthorized use of the website and systems, including but not limited to unauthorized entry into Guidely’s systems or misuse of any information posted on the website, is strictly prohibited. You may not use the website in a manner that:
- harasses, abuses, stalks, threatens, defames, or otherwise infringes or violates the rights of any party (including but not limited to rights of publicity or other proprietary rights);
- is unlawful, fraudulent, or deceptive;
- uses technology or other means to access content or systems of Guidely in a manner that is not authorized by Guidely;
- uses or launches any automated system, including without limitation, “robots,” “spiders,” or “offline readers,” to access content or systems of Guidely;
- attempts to introduce viruses or any other computer code, files, or programs that interrupt, destroy, or limit the functionality of any computer software, hardware, or telecommunications equipment;
- attempts to gain unauthorized access to Guidely’s computer network or user accounts;
- encourages conduct that would constitute a criminal offense or that gives rise to civil liability;
- violates the Terms or any other Guidely policies;
- attempts to damage, disable, overburden, or impair Guidely servers or networks;
- fails to comply with applicable third-party terms; or
- constitutes any other inappropriate conduct, as determined by us in our sole discretion.
SYSTEM OUTAGES, SLOWDOWNS, AND CAPACITY LIMITATIONS
At times you may experience difficulty accessing the website, communicating with Guidely through the Internet, or other electronic wireless services as a result of high Internet traffic, transmission problems, systems capacity limitations, or other problems. Any computer system or other electronic device, whether it is yours, an Internet service provider’s, or Guidely’s, can experience unanticipated outages or slowdowns or have capacity limitations. Guidely is not responsible for failure or delay of performance caused by such problems.
Guidely makes no warranty whatsoever to you, express or implied, regarding the security of the website, including with respect to the ability of unauthorized persons to intercept or access information transmitted by you through the website. You acknowledge and agree that you are solely responsible for maintaining the security of your devices. Guidely is not responsible for any losses resulting from the loss or theft of your device, the loss or theft of your information transmitted from or stored on your devices, or any losses arising from the use of your device by someone whom you have given access. You are required to notify us of any unauthorized use of the website by email@example.com or via mail at:Mentors Channel LLC – DBA Guidely
2211 E Camelback Rd. #504
Pheonix, AZ 85016
To protect the security of your information, Guidely may require you to authenticate your identity (i.e., prove that you are who you say you are) when you use the website.
If any provision of the Terms shall be deemed unlawful, void, or unenforceable for any reason, then such provision shall be deemed severable from the Terms and shall not affect the validity and enforceability of any remaining provisions. Guidely’s failure to enforce the strict performance of any provision of the Terms or the additional terms and conditions for any product or service will not constitute a waiver of our right to subsequently enforce such provision or any other provisions of the Terms or the additional terms and conditions.
LIMITATION OF LIABILITY
UNDER NO CIRCUMSTANCES SHALL WE BE LIABLE FOR ANY DIRECT OR INDIRECT, SPECIAL, INCIDENTAL, OR CONSEQUENTIAL DAMAGES THAT MAY ARISE IN CONNECTION WITH THIS WEBSITE, OR FROM YOUR USE OF, OR INABILITY TO USE THIS WEBSITE; OR IN CONNECTION WITH ANY FAILURE OF PERFORMANCE, ERROR, OMISSION, INTERRUPTION, DEFECT, DELAY IN OPERATION OR TRANSMISSION, COMPUTER VIRUS, OR LINE OR SYSTEM FAILURE EVEN IF WE ARE ADVISED OF THE POSSIBILITY OF SUCH DAMAGES, LOSSES, OR EXPENSES. Some jurisdictions do not allow the exclusion or limitation of liability for consequential or incidental damages. In such jurisdictions, our liability is limited to the greatest extent permitted by law.
Nothing provided to you through the Services constitutes therapy or medical advice. There is no doctor-patient relationship or therapist-patient relationship created in connection with the Services. Services are not a substitute for the advice of a medical professional and any information provided through the Services cannot be relied upon when making medical decisions. If you require medical advice you should consult with a medical professional.
THE WEBSITE IS PROVIDED TO YOU ON AN “AS-IS” AND “AS-AVAILABLE” BASIS WITHOUT ANY REPRESENTATIONS OR WARRANTIES OF ANY KIND, WHETHER EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO THE IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, AND NON-INFRINGEMENT. GUIDELY MAKES NO WARRANTY THAT (i) THE WEBSITE WILL MEET YOUR REQUIREMENTS, (ii) THAT OPERATION OF THE WEBSITE WILL BE UNINTERRUPTED, TIMELY, SECURE, OR ERROR-FREE, OR (iii) THE CONTENT THAT MAY BE OBTAINED FROM THE USE OF THE WEBSITE WILL BE ACCURATE OR RELIABLE. GUIDELY UNDERTAKES NO OBLIGATION TO UPDATE THE WEBSITE. NO ADVICE OR INFORMATION, WHETHER ORAL OR WRITTEN, OBTAINED BY YOU FROM GUIDELY, OR THROUGH THE WEBSITE SHALL CREATE ANY WARRANTY REGARDING THE WEBSITE NOT EXPRESSLY STATED IN THIS AGREEMENT. YOU UNDERSTAND AND ACKNOWLEDGE THAT ADDITIONAL DISCLAIMERS, LIMITATIONS, AND NOTICES REGARDING THE WEBSITE AND ITS CONTENT AND DATA MAY BE PROVIDED BY GUIDELY FROM TIME TO TIME WITHIN THE WEBSITE.
You will defend, indemnify, and hold us harmless from and against any actual or threatened suit, actions, proceedings (at law or in equity), claims, damages, payments, deficiencies, fines, judgments, settlements, liabilities, losses, costs, and expenses (including reasonable attorneys’ fees, costs, penalties, interest, and disbursements) arising from or related to your conduct with respect to the website or violation (or alleged violation) of these Terms. Under no circumstance will Guidely be liable for damages of any kind that result from your use of, or the inability to use, the website.
You are responsible for reviewing these Terms regularly. Guidely reserves the right, at any time, without notice to you, and in its sole discretion, to modify or discontinue the website, the Terms, or any Guidely policies related to use of the website. Revisions to the Terms or Guidely’s policies may be provided through the website, including by posting the revisions on the website. Continued use of the website following such modifications to the website, the Terms, additional terms and conditions for any service, or other Guidely policies will constitute your acceptance of such modifications and revisions.
If you have any questions regarding the website, these should be directed firstname.lastname@example.org or via mail at:Mentors Channel LLC – DBA Guidely
2211 E Camelback Rd. #504
Pheonix, AZ 85016
Guidely is a web service built on the Panther platform. The general terms of Panther below apply also to the use of the Guidely app in addition to the above TOI.
Rights of Content
The users themselves retain the right to all text, pictures and other content that they create in the service. The users allow others to utilize the content in accordance with the nature of the service and furthermore allow the service provider to file information and data and make changes that are necessary for the service or the study, however other rights are not transferred from the users, unless specifically otherwise agreed. The responsibility of the content lies with the user, who has produced it to the service. The service provider has the right to remove any material when it deems it necessary.
No guarantees of the functioning of the Panther service are given. The users are themselves responsible for their actions in the service and they should estimate the reliability of other users before dealing with them. The service provider can under no circumstances be liable for damage that is caused to the user. The user may not store any information or data in the service, and expect it to remain there.
The Removal of a User
The service provider has the right to remove any users from Panther and terminate their right of use of the service without any specific reason and without being liable for compensation.