We are passionately committed to revolutionizing access to effective behavioral health therapy.
This website (together with any successor site(s), computer systems, cloud-based platforms, software, and mobile or desktop-based platforms, hereinafter collectively referred to as the “Services”) are operated by TAO Connect, Inc. (hereinafter, “TAO Connect,” “we,” “our”).
Information Collection and Use
Collection of Personal Information
Information you provide to us
TAO Connect may collect personal information from you directly when you interact with our Services, including through TAO Connect’s customers, contact us, use our services, create an account, subscribe, share reviews, sign up to receive offers or emails from us, or purchase our products or services.
Information we obtain indirectly
We may receive personal information about you from our customers, third-party affiliates or partners and from marketing companies that provide us with such information as a part of their relationship with us, including Covered Entities. We may combine this with data that we already have collected about you. Such collected data could include contact details (such as email address) and previous purchase history or interests.
Information collected automatically
Categories of Personal Information
TAO Connect may collect any or all of the following categories of Personal Information:
Authentication information including user name and password
Comments, reviews, and suggestions,
Personal characteristics including age, date of birth, gender, marital status, and nationality,
Personal preferences including product preferences, online preferences, and interests,
Protected Health Information (as defined by applicable law),
Online behavior information including online activity, preferences, and time spent viewing features, and
Usage data including your Internet Protocol (“IP”) address or mobile network information, browser type, browser version, unique device identifiers and other diagnostic data.
In addition, where allowed by applicable law, we may collect anonymized data or information that is not in a personally identifiable form. If we combine information that is not in personally identifiable form with information that is identifiable, we will treat the combined information as personal information as long as it is combined.
Use of Your Personal Information
We collect Personal Information from you in order to provide Services to you, as well as to Covered Entities for purposes of fulfilling our service obligations to Covered Entities. We only collect and process the minimum amount of personal information from you that is necessary to the purposes of our information processing activities and we retain such information only if required to fulfill such purposes. Additionally, any Protected Health Information collected from you or a Covered Entity is kept private and confidential.
TAO Connect may use Personal Information for the following purposes:
To provide and maintain our Service, including to monitor the usage of our Service.
To manage your account: to manage your registration as a user of the Service.
For the performance of a contract: the development, compliance and undertaking of the purchase contract for the products, items or services You have purchased or of any other contract with Us through the Service.
To contact You: To contact You by email, telephone calls, SMS, or other equivalent forms of electronic communication, such as a mobile application’s push notifications regarding updates or informative communications related to the functionalities, products or contracted services, including the security updates, when necessary or reasonable for their implementation.
To process payments by you for the Services.
To provide You with news, special offers and general information about other services and events which we offer that are similar to those that you have already purchased or enquired about unless You have opted not to receive such information.
To manage Your requests: To attend and manage Your requests to Us.
For business transfers: We may use Your information to evaluate or conduct a merger, divestiture, restructuring, reorganization, dissolution, or other sale or transfer of some or all of Our assets, whether as a going concern or as part of bankruptcy, liquidation, or similar proceeding, in which Personal Information held by Us about our Service users is among the assets transferred.
To comply with legal requests and requirements.
For other purposes: We may use Your information for other purposes, such as data analysis, identifying usage trends, determining the effectiveness of our promotional campaigns and to evaluate and improve our Service, products, services, marketing and your experience.
Where applicable, if TAO Connect intends to further process your personal information for a purpose other than that for which the personal information was initially collected, TAO Connect shall, prior to such processing, provide you with any relevant information on such additional purpose, and, to the extent required by applicable law, obtain your consent for this.
Disclosure and Retention
TAO Connect does not trade, rent, or sell your personal information to third parties.
We may share Your personal information in the following situations:
With Service Providers: We may share Your personal information
with Service Providers that perform services and functions on our behalf to help
us operate and manage our Services, monitor and analyze the use of our Service,
process payments, or contact You. These vendors and service providers will have
access to your personal information in order to provide these services, but when
this occurs we implement reasonable contractual and technical protections to
limit their use of that information to helping us provide our Service and
support our interactions with you.
For business transfers: We may share or transfer Your personal
information in connection with, or during negotiations of, any merger, sale of
Company assets, financing, or acquisition of all or a portion of Our business to
another company. In such a case, unless prohibited by applicable law, your
such transfer, unless you discontinue use of our Service. We will inform you of
any such changes in ownership. We will also inform you if we sell your personal
information to any new owners.
With Affiliates: We may share Your information with Our
affiliates, in which case we will require those affiliates to honor this Privacy
Policy. Affiliates include Our parent company and any other subsidiaries, joint
venture partners or other companies that We control or that are under common
control with Us.
With business partners: We may share Your information with Our
business partners to offer You certain products, services or promotions where
you have consented to such disclosure.
With other users: when You share personal information with or
otherwise interact with other users such information may be viewed and shared by
With Your consent: We may disclose Your personal information
for any other purpose with Your consent.
For legal purposes: We may share personal information with
third party companies, organizations, or individuals outside of TAO Connect when
we believe in good faith that access, use, preservation, or disclosure of the
information is reasonably necessary to comply with a legal obligation; when we
believe in good faith that the law requires it; at the request of governmental
authorities conducting an investigation; to verify or enforce our agreements,
otherwise to protect the rights, property, safety, or security of TAO Connect,
third parties, visitors to our Site, or the public, as required or permitted by
Retention of Your Personal Information
The Company will retain Your Personal Information only for as long as is reasonably necessary for the purposes for which it was collected unless a longer retention period is required or permitted by law. We will retain and use Your Personal Information to the extent necessary to comply with our legal obligations (for example, if we are required to retain your data to comply with applicable laws), resolve disputes, and enforce our legal agreements and policies.
Should you delete your account with us, if permitted by law, we will delete all Personal Information we have collected and cease contact with you in the above-referenced manner as soon as practicable.
The Company may retain anonymized usage data for internal analysis purposes and to comply with legal requirements.
Transfer of Your Personal Information
Your information, including Personal Information, is processed at the TAO Connect’s operating offices in the United States or Canada and in any other places where the parties involved in the processing are located. Although we will primarily store and process your data within the United States or Canada, this information may be transferred to — and maintained on — computers located outside of your state, province, country or other governmental jurisdiction.
As a result, your personal information may be subject to data protection and other laws that may differ from your country of residence. Your personal information may be disclosed in response to inquiries or requests from government authorities or to respond to judicial process in the countries in which we operate. By using the Service, or by providing us with any information, you consent to the collection, processing, maintenance, and transfer of such information in and to the United States and other applicable territories in which the privacy laws may not be as comprehensive as, or equivalent to, those in the country where you reside or are a citizen.
Safeguards and Security
The security of Your Personal Information is important to us.
We use appropriate safeguards and follow reasonable commercial standards to prevent the unauthorized use or disclosure of Personal Information. We have implemented administrative, physical, and technical safeguards that reasonably and appropriately protect the confidentiality, integrity, and availability of data that we may receive or transmit. Please be advised, however, that while we take reasonable security measures to protect your personal information, such measures cannot be guaranteed to be secure. TAO Connect cannot promise or guarantee that hackers, cybercriminals, or other unauthorized third parties will not be able to defeat our security, and improperly collect, access, steal, or modify your personal information.
In the event of a data breach, TAO Connect will report such breach pursuant to applicable laws.
You are solely responsible for the privacy and security of any information that you may upload through our Services. The security of your account relies on your protection of your user profile information. You are responsible for maintaining the security of your user profile information, including your password and for all activities that occur under your account. You may not share your password with anyone. We will never ask you to send your password or other sensitive information to us in an email, though we may ask you to enter this type of information to access your account. Any email or other communication purporting to be from one of our websites requesting your password or asking you to provide sensitive account information via email, should be treated as unauthorized and suspicious and should be reported to us immediately by email. If you believe someone else has obtained access to your password, please change it immediately by logging in to your account and report it immediately by emailing us at email@example.com.
Our Services not intended for children under the age of thirteen (13), and if you are under the age of thirteen (13) you are not permitted to use the Services. TAO Connect will never knowingly request or collect personal information from any child. If you are under thirteen (13) years old, please do not provide your information on our Site. Upon notification that a child has provided us with personally identifiable information, we will delete the child’s personally identifiable information from our records. If you believe we might have any information from a child, please contact us at firstname.lastname@example.org.
Your Personal Information Requests
You may make the following requests regarding your personal information:
Request to Access. You may submit a request to obtain a copy of
or access to the personal information that TAO Connect has collected on you.
Request to Know. You may submit a request to receive
information about TAO Connect’s data collection practices. You may request
information on the categories of personal information collected; the categories
of data collection sources; TAO Connect’s business or commercial purpose for
collecting or disclosing personal information; the categories of third parties
with whom TAO Connect shares personal information, if any; and the specific
pieces of personal information we have collected about you.
Please note that the categories of personal information and sources will not exceed what is contained in this Policy. Additionally, TAO Connect is not required to retain any information about you if it is only used for a one-time transaction and would not be maintained in the ordinary course of business. TAO Connect is also not required to reidentify personal information if it is not stored in that manner already, nor is it required to provide the personal information to you more than twice in a twelve-month period.
Request to Correct. You may correct or update your personal
information at any time by logging into your account or by contacting us.
Request to Withdraw Consent. If at any time you wish to stop
receiving communications from us, please just let us know by updating your
settings, using the unsubscribe feature in the marketing email you received, or
by contacting us. In your correspondence to us, please indicate that you wish to
“unsubscribe.” If you wish to otherwise withdraw your consent to our collection,
use, or disclosure of your personal information, you may do so at any time by
contacting us. Such withdrawal of consent may result in the termination of your
access to our Services if the collection, use, or disclosure is required for the
Request to Delete. You may request that TAO Connect delete your
personal information. Subject to certain exceptions set out below we will, on
receipt of a verifiable request, delete your personal information from our
records and direct any service providers to do the same.
Please note that we may not delete your personal information if it is necessary to:
complete the transaction for which the personal information was collected;
provide a good or service requested by you, or reasonably anticipated within the
context of our ongoing business relationship with you, or otherwise perform a
contract between you and us;
detect security incidents, protect against malicious, deceptive activity, and
take all necessary and appropriate steps to mitigate current and future risk;
debug and repair internal information technology as necessary;
undertake internal research for technological development and demonstration;
exercise free speech, ensure the right of another consumer to exercise his or
her right of free speech, or exercise another right provided for by law;
comply with the California Electronic Communications Privacy Act;
engage in public or peer-reviewed scientific, historical, or statistical
research in the public interest that adheres to all other applicable ethics and
privacy laws, when our deletion of the information is likely to render
impossible or seriously impair the achievement of such research, provided we
have obtained your informed consent;
enable solely internal uses that are reasonably aligned with your expectations
based on your relationship with us;
comply with an existing legal obligation; or
otherwise use your personal information, internally, in a lawful manner that is
compatible with the context in which you provided the information.
TAO Connect may not, and will not, treat you differently because of your request activity. As a result of your request activity, we may not and will not deny goods or services to you; charge different rates for goods or services; provide a different level quality of goods or services; or suggest any of the preceding will occur. However, we can and may charge you a different rate, or provide a different level of quality, if the difference is reasonably related to the value provided by your personal information.
To submit a request regarding your Personal Information, please contact us by email at email@example.com or by mail at TAO Connect, Inc. c/o Data Protection Officer, 650 Cleveland St #1945, Clearwater, FL 33757. If you choose to submit a request, you must provide us with enough information to identify you in order to comply with your request. We will not be able to respond to your request if we cannot verify that the person making the request is the person about whom we collected information, or someone authorized to act on such person’s behalf.
Cookies and Tracking Technologies
The technologies We use may include:
Most web browsers are set to accept cookies by default but will allow you to see what cookies you have, delete them on an individual basis, or block cookies from particular or all websites (“opting out”). Please note that if you choose to remove, reject, or opt- out from cookies, this could affect the availability and functionality of our website.
We may use Online Identification Technologies to store registration information in an area of the Website so that you do not need to enter it on subsequent visits to make navigation of this Website easier for you and to facilitate efficient registration processes.
Currently, our Services do not respond to a “Do Not Track” or similar signal. “Do Not Track” is a preference you can set to let the websites you visit know that you do not want them collecting information about you.
By email: firstname.lastname@example.org
By mail: TAO Connect, Inc. c/o Data Protection Officer, 650 Cleveland St #1945,
Clearwater, FL 33757
End User License Agreement
This End User License Agreement (“Agreement”) is a binding legal contract between you (either an individual or a legal entity) and TAO CONNECT, INC., a Florida corporation (“Licensor”). By installing, accessing or using the software, web-based interface, content within the web-based interface or software, any associated user manuals and other documentation provided by Licensor (“Documentation”) and any Enhancements (as defined below) provided with this Agreement (collectively, the “Software”), you (also referred to herein as “Licensee”) will be bound by the terms of this Agreement. If you do not agree to the terms of this Agreement, Licensor is not willing to license any right to use or access the Software to you. In such event, you may not install, access, use or copy the Software, which explicitly includes (but is not limited to) viewing the Software on an Internet web browser.YOU UNDERSTAND AND AGREE THAT LICENSOR DOES NOT PROVIDE MEDICAL, PROFESSIONAL, PSYCHIATRIC, ACCOUNTING, OR MENTAL HEALTH ADVICE. LICENSOR SOLELY LICENSES THE SOFTWARE FOR YOUR USE AS SET FORTH IN THE TERMS AND CONDITIONS BELOW, AND LICENSOR IS IN NO WAY RESPONSIBLE FOR, VERIFYING, OR GUARANTEEING THAT ANY ADVICE COMMUNICATED TO YOU BY OTHERS VIA THE SOFTWARE IS ACCURATE IN ANY WAY.
THE MANDATORY ARBITRATION PROVISION AND CLASS ACTION WAIVER IN SECTION 12 (DISPUTE RESOLUTION) BELOW GOVERN THE RESOLUTION OF DISPUTES. PLEASE READ THEM CAREFULLY. IF YOU DO NOT AGREE WITH THE MANDATORY ARBITRATION PROVISION AND CLASS ACTION WAIVER IN THE TERMS, PLEASE DO NOT USE THE DOCUMENTATION OR SOFTWARE.
APPLICATION ACCESS AND USE LICENSE
The Software is licensed to you, not sold to you. Except for the limited license granted in this Agreement, Licensor and its licensors retain all right, title and interest in the Software, all copies thereof, and all proprietary rights in the Software, including copyrights, patents, trademarks and trade secret rights.
GRANT OF LICENSE. This Agreement grants you the following rights, as applicable:
License. During the term of this Agreement, Licensor grants you a nonexclusive, nontransferable, revocable (as permitted herein) license to access and use the Software which will be hosted by Licensor. Licensee acknowledges and agrees that Licensor may use certain embedded technological and software controls to enforce any applicable license restrictions.
Enhancements. Licensor reserves the right to upgrade, enhance, change or modify the Software at any time in its sole discretion (“Enhancements”). Any Enhancements made available to you by Licensor, if any, will be subject to the terms of this Agreement, except to the extent that conflicting or more restrictive provisions are agreed upon in future agreements relating to such Enhancements.
Third Party Components. The Software and future Enhancements may contain certain third party components (“Third Party Components”) which are provided to you under terms and conditions which are different from this Agreement, or which require Licensor to provide you with certain notices or information. Your use of each Third Party Component which contains or is accompanied by its own license agreement will be subject to the terms and conditions of such other license agreement, and not this Agreement. Notwithstanding the foregoing, the following terms and conditions apply to all “Third Party Components”: (i) all Third Party Components are provided on an “AS IS” basis; (ii) Licensor will not be liable to you or indemnify you for any claims related to the Third Party Components; and (iii) Licensor will not be liable for any direct, indirect, incidental, special, exemplary, punitive or consequential damages with respect to the Third Party Components. Your sole and exclusive remedy with regard to any defect, claim, or other dispute relating to the Third Party Components is to cease use of such components.
Intellectual Property Ownership. The Software contains material that is protected by United States copyright and trade secret law, and by international treaty provisions. All rights not expressly granted to Licensee under this Agreement are expressly reserved by Licensor and its licensors. Licensee shall not modify, remove or destroy any proprietary markings or confidential legends placed upon or contained within the Software, the Documentation, or any related materials. All copyrights, patents, trade secrets, trademarks, service marks, trade names, moral rights and other intellectual property and proprietary rights in the Software shall remain the sole and exclusive property of Licensor or its licensors, as applicable.
Beta Software. Licensor may designate certain Enhancements or new releases of the Software as “Beta Software.” Such Beta Software will not be ready for use in a production environment. At this early stage of development, operation of the Beta Software may be unpredictable and lead to erroneous results. You acknowledge and agree that: (i) the Beta Software is experimental and has not been fully tested; (ii) the Beta Software may not meet your requirements; (iii) the use or operation of the Beta Software may not be uninterrupted or error free;(iv) your use of the Beta
Software is for purposes of evaluating and testing the product and providing feedback to
Licensor; (v) you shall inform your employees, staff members, and other users regarding
the nature of the Beta Software; and (vi) you will hold all information relating to the
Beta Software and your use of the Beta Software, including any performance measurements
and other data relating to the Beta Software, in strict confidence and shall not
disclose such information to any unauthorized third parties. Your use of the Beta
Software shall be subject to all of the terms and conditions set forth herein relating
to the Software. You shall promptly report any errors, defects, or other deficiencies in
the Beta Software to Licensor. NOTWITHSTANDING ANY OTHER PROVISION OF THIS AGREEMENT,
ALL BETA SOFTWARE IS PROVIDED “AS IS” AND “AS AVAILABLE,” WITHOUT WARRANTIES OF ANY
KIND. You herebywaive any and all claims, now known or later discovered, that you may
have against Licensor and its suppliers/licensors arising out of your use of the Beta
TERM. The license will commence on the date you first use the Software or accept this Agreement, whichever is earlier (the “Effective Date”), and shall remain in effect for one (1) year thereafter (the “Initial Term”). Upon expiration of the Initial Term, this Agreement shall automatically renew for successive one (1) year terms (each a “Renewal Term”) unless either party provides notice of termination or non-renewal no less than thirty (30) days prior to expiration ofthe then-current
term. The Initial Term and any Renewal Terms are referred to herein collectively as the “Term.”
LIMITATIONS ON LICENSE. The license granted to you in this Agreement is restricted as follows:
Limitations on Copying and Distribution. You may not copy or distribute the Software except to the extent that copying is necessary to use the Software for purposes set forth herein. You may make a single copy of the Software for backup and archival purposes.
Limitations on Reverse Engineering and Modification. You may not reverse engineer, decompile, disassemble, modify or create works derivative of the Software. You may not alter or modify any disabling mechanism which may be resident in the Software.
Sublicense, Rental, and Third Party Use. You may not assign, sublicense, rent, timeshare, loan, lease or otherwise transfer the Software, or directly or indirectly permit any third party to use or copy the Software.
Proprietary Notices. You may not remove any proprietary notices (e.g., copyright and trademark notices) from the Software. You must reproduce the copyright and all other proprietary notices displayed on the Software on each permitted back-up or archival copy.
Use in Accordance with Documentation. All use of the Software shall be in accordance with its then current Documentation.
Compliance with Applicable Law. You shall be solely responsible for ensuring that your use of the Software is in compliance with all applicable foreign, federal, state and local laws, and rules and regulations.
Confidentiality. You acknowledge and agree the Software and associated Documentation constitute valuable proprietary and confidential information and intellectual property (collectively, the “Proprietary Information”) of Licensor. You may not use or disclose the Proprietary Information without Licensor’s prior written consent, except disclosure to and subsequent uses by your need-to-know employees and contractors, provided such employees and contractors have executed written agreements restricting use or disclosure of Proprietary Information that are at least as protective as those set forth in this Agreement. You agree to use at least the same degree of care in protecting the Proprietary Information as you use to protect your own similar information, but in no event less than reasonable care. You acknowledge that due to the unique nature of the Proprietary Information, Licensor will not have an adequate remedy in money or damages in the event of any unauthorized use or disclosure of its Proprietary Information. In addition to any other remedies that may be available in law, in equity or otherwise, Licensor shall be entitled to obtain injunctive relief to prevent such unauthorized use or disclosure. You shall not use any information or data disclosed by Licensor in connection with this Agreement to contest the validity of any Licensor intellectual property. Any such use of Licensor’s information and data shall constitute a material, non-curable breach of this Agreement.
LIMITATION OF WARRANTIES.
Exclusive Remedy. The sole and exclusive remedy of Licensee and the sole and exclusive liability of Licensor for breach of the foregoing warranties shall be to seek repair or replacement of the non-conforming Software or reperformance of the relevant services. In the event that such breach cannot be remedied by repair, replacement, or reperformance, or where a repair or replacement remedy is not applicable, Licensor shall be liable only for Licensee’s direct damages in the aggregate up to the limit provided in this Section 4.
Modification of Software. Except as otherwise agreed in writing by the parties, any modification to the Software by Licensee or any other third party, or failure by Licensee to implement any improvements or updates to the Software as supplied by Licensor shall void Licensor’s warranty obligations and Licensor’s warranties under this Section 4, to the extent any failure or error results from such modification.
FEES. The license fees payable to Licensor for the rights hereunder are as set forth in the separate documentation provided by Licensor describing the license fees and any other fees owed by you, or by the person or entity paying the applicable license fees on your behalf to enable you to utilize the Software. If these license fees are not timely paid to Licensor, than Licensor may immediately terminate this Agreement, as well all your access to the Software, with or without prior notice to you.
INTELLECTUAL PROPERTY INFRINGEMENT.
Indemnification. Licensor agrees to defend and indemnify Licensee and to hold it harmless from all damages awarded against Licensee, and all reasonable expenses (including attorneys’ fees) incurred by Licensee, for any claim of infringement of a third party’s U.S. patent registered as of the Effective Date or copyright asserted against Licensee by virtue of Licensee’s authorized use of the Software as delivered by Licensor; provided that Licensor is given prompt notice of any such claim and right to control and direct the investigation, preparation, defense and settlement of each such claim and further provided that Licensee shall fully cooperate with Licensor in connection with the foregoing. Notwithstanding the foregoing, Licensor assumes no liability or indemnity obligation for claims of infringement of intellectual property rights arising from (i) use of the Software in combination with non-Licensor approved third party products, including hardware and software, (ii) modifications or maintenance of the Software by a party other than Licensor, (iii) misuse of the Software, and (iv) failure of Licensee to implement any improvement or updates to the Software, if the infringement claim would have been avoided by the use of the improvement or updates. Licensee shall indemnify and defend Licensor and hold it harmless from and against any claims, damages, or costs, including reasonable attorneys’ fees, asserted by third parties arising out of any of the foregoing exceptions; provided that Licensee is given prompt notice of any such claim and right to control and direct the investigation, preparation, defense and settlement of each such claim and further provided that Licensor shall fully cooperate with Licensee in connection with the foregoing.
Replacement. Should the Software as delivered by Licensor become or, in Licensor’s opinion, be likely to become, the subject of a claim of infringement, Licensor may, at its option and expense either (a) procure for Licensee the right to continue to use the Software as contemplated hereunder, or (b) replace or modify the Software or modify its use to make its use hereunder noninfringing, without loss of material functionality. If neither option is reasonablyavailable to Licensor, then this Agreement may be terminated at the
option of either party hereto without further obligation or liability.
Entire Liability. THE FOREGOING PROVISIONS OF THIS SECTION 6 STATE THE ENTIRE LIABILITY AND OBLIGATIONS OF LICENSOR AND THE EXCLUSIVE REMEDY OF LICENSEE AND ANY OTHER ENTITY, WITH RESPECT TO ANY ALLEGED INFRINGEMENT OF INTELLECTUAL PROPERTY RIGHTS.
Breach of Agreement. Without prejudice to any other rights, Licensor may terminate this Agreement immediately, without any notice to you, if you fail to comply with any of the terms and conditions of this Agreement.
Termination for Convenience. You may terminate this Agreement at any time by discontinuing use of the Software, complying with your termination obligations set forth below, providing Licensor written notice, and returning the Software to Licensor.
Licensee’s Termination Obligations. In the event of any expiration or termination of this Agreement for any reason, you must remove all copies of the Software and all of its components from all of your systems, and destroy all related media and Documentation, if any. The license granted to the Software will automatically terminate on expiration or termination of this Agreement.
WARRANTY DISCLAIMER. THE SOFTWARE IS PROVIDED ON AN “AS AVAILABLE,” “AS IS” BASIS. TO THE MAXIMUM EXTENT PERMITTED BY LAW, LICENSOR AND ITS LICENSORS DISCLAIM ALL WARRANTIES WITH RESPECT TO THE SOFTWARE, INCLUDING, BUT NOT LIMITED TO, THE IMPLIED WARRANTIES OF NON-INFRINGEMENT, TITLE, MERCHANTABILITY, QUIET ENJOYMENT, QUALITY OF INFORMATION, AND FITNESS FOR A PARTICULAR PURPOSE. LICENSOR DOES NOT WARRANT THAT THE SOFTWARE WILL MEET YOUR REQUIREMENTS, OR THAT THE OPERATION OF THE SOFTWARE WILL BE UNINTERRUPTED OR ERROR- FREE, OR THAT DEFECTS IN THE SOFTWARE WILL BE CORRECTED. NO ORAL OR WRITTEN INFORMATION OR ADVICE GIVEN BY LICENSOR SHALL CREATE ANY ADDITIONAL LICENSOR WARRANTIES OR IN ANY WAY INCREASE THE SCOPE OF LICENSOR’S OBLIGATIONS HEREUNDER. LICENSOR MAKES NO WARRANTY OF ANY KIND, WHETHER EXPRESS OR IMPLIED, WITH REGARD TO ANY HARDWARE, PRODUCTS, SOFTWARE, OR PROGRAMMING OBTAINED BY LICENSOR FROM THIRD PARTIES (COLLECTIVELY, THE “THIRD PARTY ITEMS”). LICENSOR EXPRESSLY DISCLAIMS ALL WARRANTIES, EXPRESS AND IMPLIED, INCLUDING, BUT NOT LIMITED TO, THE IMPLIED WARRANTIES OF MERCHANTABILITY, TITLE/NON-INFRINGEMENT, QUALITY OF INFORMATION, QUIET ENJOYMENT, AND FITNESS FOR A PARTICULAR PURPOSE WITH REGARD TO THE THIRD PARTY ITEMS. LICENSOR SHOULD CONSULT THE RESPECTIVE VENDORS/MANUFACTURERS OF THE THIRD PARTY ITEMS FOR WARRANTY AND PERFORMANCE INFORMATION. THE SOFTWARE MAY BE USED TO ACCESS AND TRANSFER INFORMATION OVER THE INTERNET. YOU ACKNOWLEDGE AND AGREE THAT LICENSOR DOES NOT OPERATE OR CONTROL THE INTERNET AND THAT: (I) VIRUSES, WORMS, TROJAN HORSES, OR OTHER UNDESIRABLE DATA OR SOFTWARE; OR (II) UNAUTHORIZED USERS (E.G., HACKERS) MAY ATTEMPT TO OBTAIN ACCESS TO AND DAMAGE YOUR DATA, WEB SITES, COMPUTERS, OR NETWORKS. LICENSOR SHALL NOT BE RESPONSIBLE FOR SUCH ACTIVITIES. YOU ARE SOLELY RESPONSIBLE FOR THE SECURITY AND INTEGRITY OF YOUR DATA AND SYSTEMS.
LIMITATION OF LIABILITY. TO THE MAXIMUM EXTENT PERMITTED BY LAW, IN NO EVENT SHALL LICENSOR OR ITS SUPPLIERS/LICENSORS BE LIABLE TO YOU OR ANY THIRD PARTY FOR ANY SPECIAL, INCIDENTAL, CONSEQUENTIAL, PUNITIVE, INDIRECT DAMAGES, OR ANY OTHER DAMAGES, WHICH SHALL INCLUDE, WITHOUT LIMITATION, DAMAGES FOR PERSONAL INJURY, LOST PROFITS, LOST DATA AND BUSINESS INTERRUPTION, ARISING OUT OF THE USE OR INABILITY TO USE THE SOFTWARE, EVEN IF LICENSOR HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES (WHETHER SUCH DAMAGES ARISE IN CONTRACT, TORT (INCLUDING NEGLIGENCE), OR OTHERWISE). IN ANY CASE, THE ENTIRE LIABILITY OF LICENSOR AND ITS SUPPLIERS/LICENSORS UNDER THIS AGREEMENT FOR ALL DAMAGES OF EVERY KIND AND TYPE (WHETHER SUCH DAMAGES ARISE IN CONTRACT, TORT (INCLUDING NEGLIGENCE), OR OTHERWISE) SHALL BE LIMITED TO THE INITIAL LICENSE FEE PAID BY YOU, IF ANY, FOR THE SOFTWARE.
Some states do not allow the exclusion of incidental or
consequential damages, or the limitation on how long an implied warranty lasts, so some of the
above may not apply to you.
COMPLIANCE AND AUDIT. If requested by Licensor, Licensee will submit an annual certification, signed by an officer or authorized representative, specifying the number of users and number and location of all copies of the Software in Licensee’s possession or use. Licensor may also, once annually, upon reasonable notice and during regular business hours, gain access to Licensee’s facilities and systems to audit compliance with the license restrictions set forth herein.
INDEMNITY. You agree to indemnify, defend and hold harmless Licensor and its parent and their respective officers, directors, shareholders, agents, affiliates, and licensors from and against any and all third party claims of any kind (along with attorneys’ fees and litigation costs) arising out of, resulting from, or in connection with your breach of this Agreement or your use or misuse of the Software, including any combination of the Software with any hardware, software, or other intellectual property not provided by Licensor.
DISPUTE RESOLUTION. This Agreement is governed by and construed in accordance with the laws of the State of Florida, as applied to agreements entered into and wholly performed within Florida between Florida residents. This Agreement shall not be governed by the 1980 U.N. Convention on Contracts for the International Sale of Goods. If you have any concern or dispute, you agree to first try to resolve the dispute informally by contacting us. If a dispute is not resolved within 30 days of receipt by us, any resulting legal actions must be resolved through final and binding arbitration, including any question of whether arbitration is required, except that you mayassert claims in small claims court if your claims qualify. Claims related to the
Documentation or Software are permanently barred if not brought within one year of the event
resulting in the claim. JAMS will administer the arbitration in Hillborough Country, Florida,
pursuant to its Comprehensive Arbitration Rules and Procedures. There will be one arbitrator
that you and we mutually select. The arbitration will be conducted in the English language.
Judgment upon the award rendered may be entered and will be enforceable in any court of
competent jurisdiction having jurisdiction over you and us.You may only resolve disputes with us
on an individual basis, and you may not bring a claim as a plaintiff or a class member in a
class, consolidated, or representative action.Notwithstanding the foregoing, in the event of your or others’ unauthorized access to or use of
the Documentation or Software in violation of this Agreement, you agree that we are entitled to
apply for injunctive remedies (or an equivalent type of urgent legal relief) in any
This Agreement constitutes the entire understanding and agreement
between Licensor and you with respect to the transactions contemplated in this Agreement
and supersedes all prior or contemporaneous oral or written communications with respect
to the subject matter of this Agreement, all of which are merged in this Agreement. In
particular, if you are a current licensee of the Software, this Agreement shall
supersede your existing license agreement and that agreement shall be of no further
force or effect.
This Agreement shall not be modified, amended or in any way altered
except by an instrument in writing signed by authorized representatives of both parties.
In the event that any provision of this Agreement is found invalid or
unenforceable pursuant to judicial decree, the remainder of this Agreement shall remain
valid and enforceable according to its terms. Any failure by Licensor to strictly
enforce any provision of this Agreement will not operate as a waiver of that provision
or any subsequent breach of that provision.
Neither party shall assign this Agreement without the written consent
of the other party, which consent shall not be unreasonably withheld. Notwithstanding
the foregoing, either party may assign this Agreement, without the other party’s
consent, to any Affiliate or subsidiary, or in the event of a merger, acquisition, or
sale of all or substantially all of its assets. “Affiliate” means any entity that
directly, or indirectly through one or more intermediaries, controls, or is controlled
by, or is under common control with the party.
Except for Licensee’s payment obligations, neither party will be
liable for any failure or delay in performance under this Agreement which is due to any
event beyond the reasonable control of such party, including without limitation, fire,
explosion, unavailability of utilities or raw materials, unavailability of components,
labor difficulties, war, riot, act of God, export control regulation, laws, judgments or
The following provisions shall survive any termination or expiration
of this Agreement: Sections 3, 4, 6, 8, 9, 11, 12, 13, 14. Licensor may assign any of
its rights or obligations hereunder as it deems necessary.
IT IS EXPRESSLY UNDERSTOOD AND AGREED THAT IN THE EVENT ANY REMEDY HEREUNDER IS DETERMINED TO HAVE FAILED OF ITS ESSENTIAL PURPOSE, ALL LIMITATIONS OF LIABILITY AND EXCLUSIONS OF DAMAGES SET FORTH HEREIN SHALL REMAIN IN EFFECT.
U.S. GOVERNMENT RIGHTS. The Software is commercial computer software as described in DFARS 252.227-7014(a)(1) and FAR 2.101. If acquired by or on behalf of any the Department of Defense (“DOD”) or any component thereof, the U.S. Government acquires this commercial computer software and/or commercial computer software Documentation subject to the terms of this Agreement as specified in DFARS 227.7202-3, Rights in Commercial Computer Software or Commercial Computer Software Documentation. If acquired by or on behalf of any civilian agency, the U.S. Government acquires this commercial computer software and/or commercial computer software Documentation subject to the terms of this Agreement as specified in FAR 12.212, Computer Software.
AUTHORIZATION. By downloading, installing, accessing, or using the Software, you indicate that you have the authority to bind yourself and your organization to the terms of this Agreement.
TAO has been helpful in giving me basic tools to pursue wellness in my day to day and helped me start finding answers to questions. Like why drama happens in relationships and how I can help myself calm down in a high stress situation.