Last Updated: February 7, 2023
The following Terms and Conditions of Use (“Terms”) are entered into by and between You and Shirani M. Pathak (“Company,” “we” or “us”).
These Terms, together with our Privacy Policy, Disclaimer, and any other documents expressly incorporated by reference, govern your use of the website shiranimpathak.com, therapywithshirani.com, and/or shiranimpathak.newzenler.com (“Website”), including all materials, resources, information, and services on the Website, whether as a guest or registered user.
Your access to and use of the Website is conditioned on your acceptance of and compliance with these Terms. These Terms apply to all visitors, users, customers, and others who access or use the Website. By accessing or using the Website you agree to be bound by these Terms, without modification, and acknowledge reading them. If you disagree with any part of the Terms, you may not access the Website.
NO THERAPIST-CLIENT RELATIONSHIP AND NOT MENTAL HEALTH DIAGNOSIS OR TREATMENT.
The information and services offered through this Website are not psychotherapeutic in nature.
By using this Website or any programs, products, or services obtained thereby, you acknowledge that Shirani M. Pathak is not your therapist or healthcare provider and that no formal therapist-client relationship has been created with you. The information provided through this Website is informational and educational, it is not mental health diagnosis, treatment , or advice, and it is not intended to be a substitute for mental health diagnosis, treatment, or advice that can be provided by your own personal mental health therapist or medical provider.
By using this Website or any of our programs, products, or services, you acknowledge that our Website provides information and general mental health knowledge but is not, nor should it be construed to be, medical or mental health advice directly pertaining to you or your state.
Your use of the Website is also subject to the Company’s Privacy Policy found at https://www.shiranimpathak.com/legal. Please review our Privacy Policy, which also governs the Website and informs users of our data collection practices. Your agreement to the Privacy Policy is hereby incorporated into these Terms.
Your use of the Website is also subject to the Company’s Disclaimer found at https://www.shiranimpathak.com/legal. Please review our Disclaimer, which also governs the Website and informs users of various limitations regarding the information provided on the Website. Your agreement to the Disclaimer is hereby incorporated into these Terms.
To access or use the Website, you must be 18 years of age or older and have the requisite power and authority to enter into these Terms. Children under the age of 18 are prohibited from using the Website. Information provided on the Website and any resources provided on or available for download from the Website are subject to change. The Company makes no representation or warranty that the information provided, regardless of its source, is accurate, complete, reliable, current, or error-free.
The Company disclaims all liability for any inaccuracy, error, or incompleteness in the information provided. The Company reserves the right to withdraw or amend this Website and any service or material provided on the Website in its sole discretion without notice. The Company will not be liable if, for any reason, all or any part of the Website is unavailable at any time or for any period. From time to time, the Company may restrict access to some parts of the Website, or the entire Website, to users, including registered users.
You may use the Website for lawful purposes only. You agree to be financially responsible for all purchases made by you or someone acting on your behalf through the Website. You agree to use the Website and to purchase services or products through the Website for legitimate, non-commercial purposes only. You shall not post or transmit through the Website any material that violates or infringes the rights of others, or that is threatening, abusive, defamatory, libelous, invasive of privacy or publicity rights, vulgar, obscene, profane, or otherwise objectionable, contains injurious formulas, recipes, or instructions, that encourages conduct that would constitute a criminal offense, give rise to civil liability, or otherwise violate any law.
The Company may make resources on this Website accessible to users in exchange for providing an email address (“Gated Content”). The Company grants you a limited, personal, non-exclusive, non-transferable license to use the Gated Content for your own personal or internal business use. Except as otherwise provided, you acknowledge and agree that you have no right to modify, edit, copy, reproduce, create derivative works of, reverse engineer, alter, enhance or in any way exploit any of the Gated Content in any manner.
By accessing or downloading the Gated Content, you agree that the Gated Content may only be used by you for your personal or internal business use and may not be sold or redistributed without the express written consent of the Company.
By accessing or downloading the Gated Content, you further agree that you shall not create any derivative work based upon the Gated Content and you shall not offer any competing products or services based upon any information contained in the Gated Content.
By posting, uploading, submitting, inputting, providing, or otherwise making available any artwork, photos, written works, or other media, including feedback and suggestions (collectively, “Submissions”), you are granting the Company, our affiliated companies, and any necessary sub-licensees a worldwide, nonexclusive, irrevocable license to use your Submission for promotional, business development, and marketing purposes including, without limitation, the right to: copy, distribute, transmit, publicly display, publicly perform, reproduce, edit, translate, and reformat your Submission; and to publish your name in connection with your Submission.
We claim no intellectual property rights over the Submissions you supply to the Company. You retain copyrights and any other rights you may rightfully hold in any Submissions that you submit through the Website.
You shall not upload, post, submit, input or otherwise make available on the Website any Submissions protected by copyright, trademark, or other proprietary right without the express written permission of the owner of the copyright, trademark, or other proprietary right, and the burden of determining that any Submissions are not so protected rests entirely with you. You shall be liable for any damage resulting from any infringement of copyrights, trademarks, or other proprietary rights, or any other harm resulting from such a Submission.
For all Submissions submitted by you to the Website, you automatically represent or warrant that you own or otherwise control all the rights to your Submission described herein including the authority to use and distribute the Submission, and that the use or display of the Submission as contemplated in this section will not violate any laws, rules, regulations, or rights of third parties. You agree to hold the Company harmless from and against all claims, liabilities, and expenses arising out of any potential or actual copyright or trademark misappropriation or infringement claimed against you arising from Submissions you submit through the Website.
You further grant us the right to use your Submission for the purpose of improving our Website, products or services (and for any other purpose we deem necessary or desirable) without being obliged to pay you any compensation for our use of your Submission. The Company is under no obligation to post or use any Submission you may provide and may remove any Submission at any time in the Company’s sole discretion. If you do send us unsolicited ideas, such ideas will be deemed non-confidential, and we will not be required to provide any acknowledgement of their source.
The Website contains intellectual property owned by the Company, including trademarks, copyrights, proprietary information, and other intellectual property. We reserve all rights in and to our common law and registered trademarks, service marks, copyrights, and other intellectual property rights, including but not limited to text, graphics, photographs, video, design, and packages, belonging to the Company or to our licensors (“IP”). You may not modify, publish, transmit, participate in the transfer or sale of, create derivative works from, distribute, display, reproduce or perform, or in any way exploit in any format whatsoever any of our IP in whole or in part, without our prior written consent. We reserve the right to immediately block your access to the Website and remove you from any service, without refund, if you are caught violating this intellectual property policy.
You are granted a non-exclusive, non-transferable, revocable license to access and use the Website and the resources available for download from the Website (the “Content”) strictly in accordance with these Terms of Use.
As a condition of your use of the Website, you warrant to the Company that you will not use the Content for any purpose that is unlawful or prohibited by these Terms. You may not use the Content in any manner that could damage, disable, overburden, or impair the Website or interfere with any other party’s use and enjoyment of the Website. You may not obtain or attempt to obtain any materials or information through any means not intentionally made available or provided for through the Website.
All content included as part of the Content, such as text, graphics, logos, images, as well as the compilation thereof, and any software used on the Website, is the property of the Company or its suppliers and protected by copyright and other laws that protect intellectual property and proprietary rights. You agree to observe and abide by all copyright and other proprietary notices, legends or other restrictions contained in any such content and will not make any changes thereto.
You will not modify, publish, transmit, reverse engineer, participate in the transfer or sale, create derivative works, or in any way exploit any of the Content, in whole or in part.
The Content is not for resale. Your use of the Content does not entitle you to make any unauthorized use of any protected content, and in particular you will not delete or alter any proprietary rights or attribution notices in any Content. You will use protected content solely for your individual use and will make no other use of the Content without the express written permission of the Company and the copyright owner. You agree that you do not acquire any ownership rights in any protected content. We do not grant you any licenses, express or implied, to the intellectual property of the Company or our licensors except as expressly authorized by these Terms.
The Company name, the Company logo, the Company slogan, and all related names, logos, product and service names, designs, and slogans are trademarks of the Company or its affiliates or licensors. You must not use such marks without the prior written permission of the Company. All other names, logos, product and service names, designs and slogans on this Website are the trademarks of their respective owners.
You acknowledge and agree that in the event of a breach or threatened violation of the Company’s intellectual property rights and confidential and proprietary information by You, the Company will suffer irreparable harm and will therefore be entitled to injunctive relief to enforce these Terms. The Company may, without waiving any other remedies under these Terms, seek from any court having jurisdiction any interim, equitable, provisional, or injunctive relief that is necessary to protect its rights and property pending the outcome of the mediation referenced below. You hereby irrevocably and unconditionally consent to the personal and subject matter jurisdiction of the federal and state courts in the State of California for purposes of any such action by the Company.
You acknowledge and agree that in the event of a breach or threatened violation of the Company’s intellectual property rights and confidential and proprietary information by You, the Company will suffer irreparable harm and will therefore be entitled to injunctive relief to enforce these Terms. The Company may, without waiving any other remedies under these Terms, seek from any court having jurisdiction any interim, equitable, provisional, or injunctive relief that is necessary to protect its rights and property pending the outcome of the mediation referenced below. You hereby irrevocably and unconditionally consent to the personal and subject matter jurisdiction of the federal and state courts in the State of California for purposes of any such action by the Company.
While we make every effort to ensure that the content on this Website is free from errors, we do not give any warranty or other assurance as to the accuracy, completeness, timeliness or fitness for any particular purpose of the content and materials on this site beyond reasonable efforts to maintain the site. To the maximum extent permitted by law, we provide our website and related information and services on an "AS IS" AND “AS AVAILABLE” BASIS WITHOUT ANY WARRANTIES, REPRESENTATIONS, OR GUARANTEES OF ANY KIND (WHETHER EXPRESS, IMPLIED, STATUTORY, OR OTHERWISE) INCLUDING BUT NOT LIMITED TO WARRANTIES OF NON-INFRINGEMENT, MERCHANTABILITY, OR FITNESS FOR A PARTICULAR PURPOSE.
Limitation of Liability
YOU AGREE THAT UNDER NO CIRCUMSTANCES SHALL WE BE LIABLE FOR DIRECT, INDIRECT, INCIDENTAL, CONSEQUENTIAL, SPECIAL, PUNITIVE, EXEMPLARY, OR ANY OTHER DAMAGES ARISING OUT OF YOUR USE OF THE WEBSITE OR RESOURCES, PRODUCTS OR SERVICES AVAILABLE THROUGH THE WEBSITE.
ADDITIONALLY, THE COMPANY IS NOT LIABLE FOR DAMAGES IN CONNECTION WITH (I) ANY FAILURE OF PERFORMANCE, ERROR, OMISSION, DENIAL OF SERVICE, ATTACK, INTERRUPTION, DELETION, DEFECT, DELAY IN OPERATION OR TRANSMISSION, COMPUTER VIRUS, OR LINE OR SYSTEM FAILURE; (II) LOSS OF REVENUE, ANTICIPATED PROFITS, BUSINESS, SAVINGS, GOODWILL OR DATA; AND (III) THIRD PARTY THEFT OF, DESTRUCTION OF, UNAUTHORIZED ACCESS TO, ALTERATION OF, OR USE OF YOUR INFORMATION OR PROPERTY, REGARDLESS OF OUR NEGLIGENCE, GROSS NEGLIGENCE, FAILURE OF AN ESSENTIAL PURPOSE AND WHETHER SUCH LIABILITY ARISES IN NEGLIGENCE, CONTRACT, TORT, OR ANY OTHER THEORY OF LEGAL LIABILITY, EVEN IF THE COMPANY HAS BEEN ADVISED OF THE POSSIBILITY OF OR COULD HAVE FORESEEN THE DAMAGES.
IN THOSE STATES THAT DO NOT ALLOW THE EXCLUSION OR LIMITATION OF LIABILITY FOR THE DAMAGES, OUR LIABILITY IS LIMITED TO THE FULLEST EXTENT PERMITTED BY LAW. IN NO EVENT SHALL THE COMPANY’S TOTAL LIABILITY TO YOU EXCEED THE TOTAL PURCHASE PRICE OF ANY PRODUCTS OR SERVICES YOU HAVE PURCHASED FROM THE COMPANY.
Availability
Your use of the Website and any associated services may sometimes be subject to interruption or delay. Due to the nature of the Internet and electronic communications, we and our service providers do not make any warranty that our Website or any associated resources or services will be error-free, without interruption or delay, or free from defects in design. We will not be liable to you should our Website or the resources or services supplied through our Website become unavailable, interrupted or delayed for any reason.
Malicious Code
Although we endeavor to prevent the introduction of viruses or other malicious code (“malicious code”) to our Website, we do not guarantee or warrant that our Website, or any data available on the Website, does not contain malicious code. We will not be liable for any damages or harm attributable to malicious code. You are responsible for ensuring that the process you employ for accessing our Website does not expose your computer system to the risk of interference or damage from malicious code.
Security
The security of your contact information is of utmost importance to us. However, you acknowledge the risk of unauthorized access to, or alteration of, your data. We do not accept responsibility or liability of any nature for any losses you may sustain as a result of such unauthorized access or alteration. All information transmitted to or from you is transmitted at your own risk, and you assume all responsibility and risks arising in relation to your use of this Website and the internet. We do not accept responsibility for any interference or damage to your computer system that may arise in connection with your access of this Website or any outbound hyperlinks.
Third Party Resources
The Website contains links to third party websites and resources. You acknowledge and agree that we are not responsible or liable for the availability, accuracy, content, or policies of third-party websites or resources. Links to such websites or resources do not imply any endorsement by or affiliation with the Company. You acknowledge sole responsibility for and assume all risk arising from your use of any such websites or resources. The Company may, from time to time, provide information from a third party in the form of a guest post or interview, in written, audio, video, or other medium. The Company does not control the information provided by such third-party guests, is not responsible for investigating the truth of any information provided and cannot guarantee the veracity of any statements made by such guests.
Indemnification
You shall indemnify and hold us harmless from and against any and all losses, damages, settlements, liabilities, costs, charges, assessments, and expenses, as well as third party claims and causes of action, including, without limitation, attorney’s fees, arising out of your breach of any of these Terms, your use of the Website, its content, and any product or service purchased from the Website, or your failure to maintain the confidentiality and/or security of your password or access rights to this Website and its resources. You shall provide us with such assistance, without charge, as we may request in connection with any such defense, including, without limitation, providing us with such information, documents, records, and reasonable access to you, as we deem necessary. You shall not settle any third-party claim or waive any defense without our prior written consent.
Effects of Headings; Severability
The subject headings of the paragraphs and subparagraphs of this Agreement are included for convenience only and shall not affect the construction or interpretation of any of its provisions. If any portion of these Terms are held to be unenforceable or contrary to law, such portion shall be construed in accordance with applicable law so as to best accomplish the objectives of the original provision to the fullest extent allowed by law, and the remainder of the provisions shall remain in full force and effect.
Entire Agreement; Waiver
These Terms, together with the Privacy Policy and Disclaimers, constitute the entire agreement between you and the Company pertaining to the Website and supersedes all prior and contemporaneous agreements, representations, and understandings between us. Any waiver by us of a breach of or right under these Terms will not constitute a waiver of any other or subsequent breach or right. No waiver shall be binding unless executed in writing by the Company.
Governing Law; Jurisdiction; Mediation
These Terms, including with the Privacy Policy and Disclaimers shall be construed in accordance with, and governed by, the laws of the State of California, and the courts of Santa Clara County California shall have jurisdiction to hear and determine any dispute arising in relation to these Terms. You agree that any proceeding relating to use of this site must be filed exclusively in the appropriate courts located in California and you submit to the jurisdiction of those courts and waive any objection based on an inconvenient forum or other reasons. The parties agree to attempt to resolve any dispute, claim, or controversy arising out of or relating to these Terms by mediation. The parties further agree that their respective good faith participation in mediation is a condition precedent to pursuing any other available legal or equitable remedy, including litigation, arbitration, or other dispute resolution procedures.
All Rights Reserved
All rights not expressly granted in these Terms are reserved by us. If you do not see a usage scenario here that applies to your intended usage contact us at hello@shiranimpathak.com
Contact Information
The owner of this website is Shirani M. Pathak. You may contact us by phone at 408-478-4325, by email at hello@shiranimpathak.com or by mail at 6105 Snell Ave #101 San Jose, CA 95123.
This website is owned and operated by Shirani M. Pathak (“Company,” “we,” or “us”).
This Disclaimer, together with the Terms & Conditions of Use and Privacy Policy, governs your access to and use of shiranimpathak.com, therapywithshirani.com, and shiranimpathak.newzenler.com including any content, functionality, products, and services offered on or through shiranimpathak.com, therapywithshirani.com, and shiranimpathak.newzenler.com (the “Website”), whether as a guest or a registered user. Please read the Disclaimer carefully before you start to use the Website.
By using the Website or by clicking to accept or agree to the Terms & Conditions of Use when this option is made available to you, you accept and agree to be bound and abide by the Disclaimer. If you do not want to agree to the Disclaimer, you must not access or use the Website.
NOT MEDICAL OR MENTAL HEALTH ADVICE
Although Shirani M. Pathak is a licensed mental health professional in the sate of California, the services and offerings on this particular website are not affiliated with her mental health license and she is not, nor is she holding herself out to be a doctor/physician, nurse, physician’s assistant, advanced practice nurse, or any other medical professional (“Medical Provider”), psychiatrist, psychologist, therapist, counselor, or social worker (“Mental Health Provider”), registered dietician or licensed nutritionist, or member of the clergy. As a speaker, mentor, consultant, healer and coach, Shirani is not providing health care, medical or nutritional therapy services, or attempting to diagnose, treat, prevent or cure any physical, mental or emotional issue, disease or condition. The information provided in or through this Website pertaining to your HEALTH OR WELLNESS, EXERCISE, RELATIONSHIPS, BUSINESS/CAREER CHOICES, FINANCES or any other aspect of your life is not intended to be a substitute for the professional medical advice, diagnosis or treatment provided by your own Medical Provider or Mental Health Provider. You agree and acknowledge that Shirani is not providing medical advice, mental health advice, or religious advice in any way. Always seek the advice of your own Medical Provider and/or Mental Health Provider regarding any questions or concerns you have about your specific health or any medications, herbs or supplements you are currently taking and before implementing any recommendations or suggestions from our Website. Do not disregard medical advice or delay seeking medical advice because of information you have read on this Website. Do not start or stop taking any medications without speaking to your own Medical Provider or Mental Health Provider. If you have or suspect that you have a medical or mental health problem, contact your own Medical Provider or Mental Health Provider promptly. The information contained on this Website has not been evaluated by the Food and Drug Administration.
FOR EDUCATIONAL AND INFORMATIONAL PURPOSES ONLY
The information contained on this Website and the resources, information, webinars, videos, blog posts, courses, downloads, and/or products available through this Website, whether free or paid, (the “Resources”) are for educational and informational purposes only. The Company assumes no responsibility for errors or omissions in the contents of the Website.
EXTERNAL LINKS
The Website may contain links to external websites that are not provided or maintained by or in any way affiliated with the Company. Please note that the Company does not guarantee the accuracy, relevance, timeliness, or completeness of any information on these external websites.
NOT LEGAL ADVICE
The information contained on this Website and the Resources are not intended as, and shall not be understood or construed as, legal advice. While we may provide some supplemental and occasional trainings or articles on legal topics taught or written by attorneys or legal professionals, the information contained on this Website is not a substitute for legal advice from a licensed attorney who is aware of the facts and circumstances of your individual situation. We have done our best to ensure that the information provided on this Website and the Resources are accurate and provide valuable information. Regardless of anything to the contrary, nothing available on or through this Website should be understood as a recommendation that you should not consult with an attorney to address your particular information. The Company expressly recommends that you seek advice from an attorney prior to taking any actions. Neither the Company nor any of its employees, owners, or contributors shall be held liable or responsible for any errors or omissions on this Website or the Resources or for any damage you may suffer as a result of failing to seek competent legal advice from a licensed attorney who is familiar with your situation.
NOT TAX ADVICE
The information contained on this Website and the Resources are not intended as, and shall not be understood or construed as, tax advice. The information contained on this Website is not a substitute for tax advice from a professional who is aware of the facts and circumstances of your individual situation. We have done our best to ensure that the information provided on this Website and in the Resources are accurate and provide valuable information. Regardless of anything to the contrary, nothing available on or through this Website should be understood as a recommendation that you should not consult with a tax professional to address your particular situation. The Company expressly recommends that you seek advice from a professional. Neither the Company nor any of its employees, owners, or contributors shall be held liable or responsible for any errors or omissions on this Website or for any damage you may suffer as a result of failing to seek competent tax advice from a professional who is familiar with your situation.
HEALTH & FITNESS
The information contained on this Website and in the Resources is not intended to take the place of medical advice from a health care professional. Exercise, diet and health related matters vary from person to person. Nothing on this website shall be considered, construed as, or used as a substitute for, medical advice, diagnosis or treatment. Any action taken based on the contents of this Website or the Resources is solely at your own discretion, risk and liability. You should always consult the appropriate health professionals on any matter that is related to your health and well-being before proceeding with any action pertaining to health-related issues. The Company assumes no liability for the use or misuse of information on this Website or in the Resources. We have done our best to ensure that the information provided on this Website and in the Resources are accurate and provide valuable information. Regardless of anything to the contrary, nothing available on or through this Website should be understood as a recommendation that you should not consult with a professional to address your particular situation. The Company expressly recommends that you seek advice from a health care professional. Neither the Company nor any of its employees, owners, or contributors shall be held liable or responsible for any errors or omissions on this Website or for any damage you may suffer as a result of failing to seek competent advice from a health care professional who is familiar with your situation.
NOT PROFESSIONAL ADVICE
The information contained on this Website and in the Resources is not intended as, and shall not be understood or construed as, professional advice. While the contributors, employees and/or owners of the Company are professionals and the information provided on this Website relates to issues within the Company’s area of professionalism, the information contained on this Website is not a substitute for advice from a professional who is aware of the facts and circumstances of your individual situation. We have done our best to ensure that the information provided on this Website and the resources available for download are accurate and provide valuable information. Regardless of anything to the contrary, nothing available on or through this Website should be understood as a recommendation that you should not consult with a professional to address your particular situation. The Company expressly recommends that you seek advice from a professional. Neither the Company nor any of its employees or owners shall be held liable or responsible for any errors or omissions on this Website or for any damage you may suffer as a result of failing to seek competent advice from a professional who is familiar with your situation.
NO PROFESSIONAL-CLIENT RELATIONSHIP
Your use of this Website, including implementation of any suggestions set out in this Website and/or use of any of the Resources, does not create a professional-client relationship between you and the Company or any of its professionals. You recognize and agree that we have not created any professional-client relationship by the use of this Website.
USER’S PERSONAL RESPONSIBILITY
By using this Website, you accept personal responsibility for the results of your actions. You agree to take full responsibility for any harm or damage you suffer as a result of the use, or non-use, of the information available on this Website and in the Resources. You agree to use judgment and conduct due diligence before taking any action or implementing any plan or policy suggested or recommended on this Website or in the Resources.
NO GUARANTEES
You agree that the Company has not made any guarantees about the results of taking any action, whether recommended on this Website or not. The Company provides educational and informational resources that are intended to help users of this website succeed in life, business, and otherwise. You nevertheless recognize that your ultimate success or failure will be the result of your own efforts, your particular situation, and innumerable other circumstances beyond the control and/or knowledge of the Company. You also recognize that prior results do not guarantee a similar outcome. Thus, the results obtained by others, whether clients or customers of the Company or otherwise, applying the principles set out in this Website are no guarantee that you or any other person or entity will be able to obtain similar results.
ERRORS AND OMISSIONS
This Website is a public resource of general information that is intended, but not promised or guaranteed, to be correct, complete, and up to date. We have taken reasonable steps to ensure that the information contained in this Website is accurate, but we cannot represent that this Website is free of errors. You accept that the information contained on this Website may be erroneous and agree to conduct due diligence to verify any information obtained from this Website and/or the Resources prior to taking any action. You expressly agree not to rely upon any information contained in this Website or in the Resources.
TESTIMONIALS
At various places on this Website, you may find testimonials from clients and customers of the products and services offered on this Website or by the Company. The testimonials are actual statements made by clients and/or customers and have been truthfully conveyed on this Website. Although these testimonials are truthful statements about results obtained by these clients and/or customers, the results obtained by these clients and/or customers are not necessarily typical. You specifically recognize and agree that the testimonials are not a guarantee of results that you or anyone else will obtain by using any products or services offered on this Website or by the Company.
REVIEWS
At various times, we may provide reviews of products, services, or other resources. This may include reviews of books, services, and/or software applications. Any such reviews will represent the good-faith opinions of the author of such review. The products and services reviewed may be provided to the Company for free or at a reduced price as an incentive to provide a review. Regardless of any such discounts, we will provide honest reviews of these products and/or services. You recognize that you should conduct your own due diligence and should not rely solely upon any reviews provided on this website. We will disclose the existence of any discounts or incentives received in exchange for providing a review of a product. If you would like more information about any such discounts and incentives, send an email to hello@shiranimpathak.com that includes the title of the reviewed product as the subject line. We will respond via email and disclose any incentives or discounts we received in association with any such review.
AFFILIATE LINKS
From time to time, the Company may participate in affiliate marketing and may allow affiliate links to be included on some of our pages. This means that we may earn a commission if/when you click on or make purchases via affiliate links. As a policy, the Company will only affiliate with products, services, coaches, consultants, and other experts that we believe will provide value to our customers and followers. The Company will inform you when one of the links constitutes an affiliate link. You recognize that it remains your personal responsibility to investigate whether any affiliate offers are right for you or your business and will benefit you. You will not rely on any recommendation, reference, or information provided by the Company but will instead conduct your own investigation and will rely upon your investigation to decide whether to purchase the affiliate product or service.
NO ENDORSEMENTS
From time to time, the Company will refer to other products, services, coaches, consultants, and/or experts. Any such reference is not intended as an endorsement or statement that the information provided by the other party is accurate. The Company provides this information as a reference for users. It is your responsibility to conduct your own investigation and make your own determination about any such product, service, coach, consultant, and/or expert.
EARNINGS DISCLAIMER
From time to time, the Company may report on the success of one of its existing or prior clients/customers. The information about this success is accurately portrayed by the Company. You acknowledge that the prior success of others does not guarantee your success. As with any business, your results may vary and will be based on your individual capacity, business experience, expertise, and level of desire. There are no guarantees concerning the level of success you may experience. There is no guarantee that you will make any income at all and you accept the risk that the earnings and income statements differ by individual. Each individual’s success depends on his or her background, dedication, desire and motivation. The use of our information, products and services should be based on your own due diligence and you agree that the Company is not liable for any success or failure of your business that is directly or indirectly related to the purchase and use of our information, products, and services reviewed or advertised on this Website.
CONTACT US
We welcome your questions or comments regarding the Disclaimer:
Mailing Address: 6105 Snell Ave #101 San Jose, CA 95123
Email Address: hello@shiranimpathak.com
SERVICE TERMS AND CONDITIONS FOR GROUP PROGRAMS AND CLASSES
THE COACHING RELATIONSHIP
Client acknowledges that coaching is a team effort, and Client will get out of coaching only as much as he or she puts into it. Client agrees to fully participate in coaching and follow the Coach’s instructions to their best ability. Client agrees to communicate honestly, be open to feedback and assistance and to create the time and energy to participate fully in the program. Client acknowledges that Client is solely responsible for creating and implementing their own decisions, choices, actions and results based on coaching calls, sessions, and interactions with Coach. Client agrees that the Coach is not and will not be liable or responsible for any action or inaction, or for any direct or indirect result of any services provided by the Coach. Client understands coaching is not therapy and does not substitute for therapy if needed, and does not prevent, cure, or treat any mental disorder or medical disease. Client acknowledges that coaching is a comprehensive process that may involve different areas of their life, including work, finances, health, relationships, education and recreation. Client agrees that deciding how to handle these issues, incorporating coaching principles into those areas and implementing choices is exclusively the Client’s responsibility. Client acknowledges that coaching does not involve the diagnosis or treatment of mental disorders as defined by the American Psychiatric Association and that coaching is not to be used as a substitute for counseling, psychotherapy, psychoanalysis, mental health care, substance abuse treatment, or other professional advice by legal, medical or other qualified professionals and that it is the Client’s exclusive responsibility to seek such independent professional guidance as needed. If Client is currently under the care of a mental health professional, Client should promptly inform the mental health care provider of the nature and extent of the coaching relationship agreed upon by the Client and the Coach.
GROUP COACHING Client acknowledges that the coaching provided under this Agreement will be provided in a group setting. Unless the Client purchases additional individual coaching sessions or otherwise provided in this Agreement, Client will not have one-on-one access to Coach or private coaching sessions. Client agrees to maintain the confidentiality of all other group coaching participants. Client agrees to behave respectfully to all other group coaching participants. Client acknowledges that successful coaching requires an environment of trust and mutual respect. If Client cannot respect other participants in the group coaching program, Coach reserves the right to terminate this Agreement without notice, WITHOUT REFUND. For the benefit of all participants and to help Coach improve, group coaching sessions may be recorded, but the recording will not be made available to participants. Coach will store the recordings securely, but Coach cannot guarantee the security of any recordings. Client consents to such recording and uses of the recordings and acknowledges the risks of electronically storing and sharing such files.
COACHING SERVICES Coach agrees to provide group coaching services to Client subject to the terms and conditions of each specific program as advertised. Coach agrees to devote as much time, attention, and energy as necessary to achieve goals set forth in the advertising of each program.
SCHEDULING & CANCELLATION POLICY Client acknowledges that unanticipated circumstances arise, and the timeline for delivering all sessions is not guaranteed. Coach reserves the right to cancel any coaching session by notifying the Client at least 24 hours prior to the scheduled session. Coach agrees to reschedule the canceled session within 14 days of the originally scheduled session, barring illness, natural disasters, or an act of God. If Coach is unable to reschedule the canceled session within 14 days of the originally scheduled session, Client will be entitled to a refund of that session’s fee. Due to the nature of group coaching, it is not feasible to reschedule every session that one participant cannot attend. If Client cannot attend any session, the session will continue as planned. Client agrees to inform Coach 48 hours’ in advance of any session they cannot attend. Client shall not be entitled to a refund of any fees paid for any session Client fails to attend.
COMPENSATION The program fee is $1,500 USD. All payments are final and non-refundable.
CLIENT RESPONSIBILITIES Client agrees to cooperate with Coach to provide all information and materials necessary for Coach to provide the Coaching. Client acknowledges that such information is vital to Coach’s ability to provide helpful and high-quality coaching services. Client must fully participate in the coaching process, including providing requested information in a timely manner, to receive the full benefit of the Coaching.
TERM This Agreement shall have an initial term of 12-weeks.
TERMINATION All payments under this Agreement are non-refundable. Client shall not be entitled to a refund for any reason, including but not limited to termination of this Agreement. Payment under this Agreement reserves a spot in the group coaching program, reserves Coach’s time, and prevents someone else from joining the program; as such, all funds paid shall be considered compensation for services rendered are not refundable. Force Majeure. Coach shall not be liable for delay or failure in the performance of its obligations under this Agreement if such delay or failure is caused by conditions beyond its reasonable control, including but not limited to, fire, flood, inclement weather, accident, earthquakes, telecommunications line failures, electrical outages, network failures, acts of God, terrorism, civil commotion, act of government, epidemic or pandemic, or labor disputes.
CONFIDENTIALITY The coaching relationship and any information that the Client shares with the Coach as part of this relationship is considered confidential (“Confidential Information”). Coach agrees not to disclose or make use of any Confidential Information, directly or indirectly, except for the sole benefit of Client, as necessary to perform the Coaching, without Client’s written consent. Coach will not disclose Client’s name as a reference without Client’s written consent. Coach shall not directly or indirectly disclose or make use of any Confidential Information after the term of this Agreement for any reason. Coach will use reasonable care in handling Client’s Confidential Information so that it does not enter the public domain. Coach will return all Confidential Information to Client upon termination of this Agreement. Client acknowledges that any information shared in the group coaching setting will be shared with the other members of the group. Client agrees to maintain the confidentiality of each member of the group unless the exceptions listed two paragraphs below this one. Client acknowledges that the Coach-Client relationship is not considered a legally confidential relationship (like the medical and legal professions) and communications between Coach and Client or between Client and other coaching participants are not subject to the protection of any legally recognized privilege. Coach may disclose Confidential Information to the extent that: (i) it becomes publicly available or known by no fault of Coach; (ii) Client grants permission for such disclosure in writing; (iii) Coach obtains the information from a third party, without breach of any obligation to the Client; (iv) disclosure is required by any court or government agency; (v) Coach reasonably believes that there is an imminent or likely risk of danger or harm to the Client or others; or (vi) it involves illegal activity. In receiving Coaching, Client will have the benefit of proprietary systems, strategies and techniques developed by Coach (“Coach’s Proprietary Information”). Client acknowledges that Coach’s business relies on Coach’s ability to provide such insights to various clients. Client agrees not to disclose Coach’s Proprietary Information and Intellectual Property to any third party, directly or indirectly, during the term of this Agreement or after it ends.
INDEMNIFICATION Client, at Client’s expense, shall release, indemnify and hold Coach and its directors, officers, shareholders, employees and agents, and the personal representatives and assigns of each, harmless from and against and all claims, suits, liability, cost and expenses, including without limitation, reasonable attorneys’ fees and expenses, in connection with any act or omission of Coach in providing Coaching and/or arising out of the Coaching, including harm cause by or relating to actions or inaction of other members of the group coaching program.
PUBLICITY Client agrees that Coach may use the Client’s name, logo, and/or image (but not contact information or personal information) in Coach’s advertising or promotional literature and may publish articles, blog posts or other advertising and promotional material relating to the Client and the Coaching. Client releases Coach from any and all liability, including but not limited to infringement of any right to privacy or right to publicity, relating to or arising out of publicity of Client’s name, logo, and/or image as permitted in this section. Nothing in this section releases Coach from the confidentiality requirements of this Agreement.
LIMITATIONS OF LIABILITY Except as expressly provided in this Agreement, Coach makes no guarantees, representations or warranties of any kind or nature, express or implied with respect to the Coaching. In no event shall Coach be liable to Client for any indirect, consequential or special damages. Coach shall not be liable for any acts or omissions by any other participant in the group coaching program. Coach’s entire liability for any breach of this Agreement, and Client’s sole remedy, shall be limited to the lesser of the total Contract Price or the amount actually paid by Client to Coach under this Agreement. Coach is not responsible for any technical difficulties with hardware, software, connectivity, or other technological aspects of electronic coaching sessions, and does not guarantee that the conferencing software, or group coaching sessions will be free from technical problems, available at all times, or work as expected.
DISPUTE RESOLUTION In the event of a dispute arising out of or relating to this Agreement that cannot be settled by reasonable negotiation, Coach and Client agree to make a good faith effort to resolve the dispute through non-binding mediation before filing a civil cause of action. The party bringing the complaint is solely responsible for the cost of mediation proceedings. Client agrees that Client’s good faith participation in mediation is a condition precedent to filing any civil cause of action. The prevailing party in any arbitration or civil case filed after the conclusion of mediation shall be entitled to recover the costs of such action, including reasonable attorney’s fees.
MISCELLANEOUS TERMS Waiver. The waiver by either Party of a breach or default of any of the provisions of this Agreement by the other party shall not be construed as a waiver of any succeeding breach or default of the same or any other provision of this Agreement, nor shall any delay or omission on the part of either party to exercise or avail itself of any right, power or privilege that it has or may have hereunder operate as a waiver of any breach or default. Severability. If any provision or portion of this Agreement is held by a court of competent jurisdiction to be illegal, invalid, or unenforceable, the remaining provisions or portions shall remain in full force and effect, and the invalid provision or part shall be deleted as narrowly as possible to render this Agreement valid and enforceable. If the scope of any provision of this Agreement is determined to be too broad to permit enforcement to its maximum extent, such provision shall be enforced to the maximum extent permitted by law. Governing Law. This Agreement will be governed by and interpreted in accordance with the laws of the State of California, without giving effect to its principles of conflicts of law. Assignment. Neither Party may assign, transfer, subcontract or delegate any right or obligation under this Agreement without the prior written consent of the other party. Notices. All notices shall be in writing and deemed effective when received by either electronic mail or paper mail at the address of the party to be notified provided in the introductory provision of this Agreement. Either party may change the address to which notices are to be sent by providing written notice to the other party as provided for in this section. Section Headings. Section headings are inserted for convenience only and shall not be used in any way to construe the terms of this Agreement. Entire Agreement. This Agreement shall be deemed to express, embody and supersede all previous statements, promises, inducements, understandings, agreements, or commitments, whether written or oral, between the parties with respect to the subject matter hereof and to fully and finally set forth the entire agreement between the parties. No previous statement, promise, inducement, understanding, or agreement made by any party hereto that is not contained herein shall be binding or valid. Amendments. This Agreement may be modified only by a written amendment signed by authorized representatives of both Parties. No Insurance. As Coach is an independent Contractor, Client will not be required to provide Coach with any employee, individual or group insurance policy or any other kind of insurance coverage including, but not limited to, workers compensation, general or public liability, or errors and omissions insurance. Counterparts. This Agreement may be executed in two or more counterparts, each of which shall be deemed an original, but all of which together shall constitute one and the same instrument.
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