Publication date: «10» April 2021
This Service agreement (Agreement
) is entered into by and between Omega Institute, incorporated and registered in United States of America, whose registered office is at 1504 Crest Drive, Encinitas, San Diego, CA United States (Company)
, and the entity (Participant)
placing an order for or accessing the Stephen Gilligan online Workshop (Workshop)
. The Workshop and the Website https://www.gilligan-creative.com/ (Site
) are owned and operated by the Company. This Agreement consists of the Agreement and conditions set forth below.
The Company reserves the right to change or modify this Agreement at any time and based on their sole discretion. If the Company makes changes to this Agreement, a respective notice of such changes shall be provided, or the «Publication date» date at the top of this Agreement shall be changed. 1. SERVICES AND PRINCIPLES
Services. The Company agrees to perform the following Services in a timely, expeditious and professional manner:
· access to the broadcast of the Workshop in real time; and
· access to Workshop videos; and
· organization of technical support for the Workshop.
Conditions. The name of the Workshop, program, cost, timing, timing of access to video recordings after online broadcasting are determined in accordance with the schedule posted on the Site.
Contents. This includes all materials including without limitation, logos, brand names, images, designs, photographs, video clips and written and other materials that appear as part of the Workshop.
Acceptance. The moment of complete and unconditional acceptance by the Participant of the Company's proposal to conclude this Agreement (acceptance of the offer) is the fact of payment by the Participant for the Services.
Non-commercial use. Your participation in the Workshop, and Contents viewed through the Site, is solely for your personal and non-commercial use.
Prohibition. The Company reserves the right, at his sole discretion, to decline registration of any participant for the Workshop and further reserves the right to prohibit any participant, who breaches this Agreement.
Education and personal development, not psychotherapy. The Workshop is intended to help participants have deep, meaningful experiences with their own inner intelligence or unconscious wisdom, especially in terms of how to deepen a positive relationship with this inner intelligence. These experiences are designed for educational and personal development purposes. The Workshop is not group or individual psychotherapy, nor is it intended to be a substitute for psychotherapy. Any person currently in psychotherapy should discuss their plans to participate in the workshop with their therapist.
Creative skills trainings, not psychotherapy training. The Workshop is not a program to train people to do psychotherapy. It is designed to explore how to help yourself and others have a healthy, productive relationship with your/their creative processes and inner intelligence. Some people in the workshop are health professionals, others are not. So, we hope and expect that the training will help you to be better at whatever you are doing: therapy, friendship, art, business, self-healing, etc.
Self-commitment and personal integrity. Finally, we ask you to make a sincere commitment to yourself. Remember your deepest interests in participating and be true to them. Take time for yourself and be responsible for your own process. One of the great parts of the Workshop is the deep community connections, which always start with self-connection.
Confidentiality. Confidentially is crucial to creating a safe space for people to share themselves in different ways. So please respect confidentiality: you are free to talk about your own experience in the course, but not free to share about others.
Recording. The course is being recorded on both video and audio. It may be translated and made available in different languages. This includes all the main sessions with Dr. Gilligan, including all demonstrations. This does not include your exercises in exercise rooms but may include your small group meetings, if you wish. (Your team leader will discuss this with you.) These recordings are for educational purposes. If you do not wish to be recorded, please turn your video off during the Zoom connection.
Respect for each person. Please be mindful and respectful in your relationships with others, keeping in mind that it is primarily a space for deep personal development (rather than a social meeting place). Be attentive to boundaries and emotional sensitivities, both within yourself and others. Communicate directly to the best of your abilities. For any help in perceived boundary violations, please consult with any of the Team leaders or with Stephen Gilligan. 2. LIMITED LICENSE
Grant of License. With your Workshop purchase, the Company grants you a limited, non-exclusive, non-transferable, license to access the Workshop Content. Except for the foregoing limited license, no right, title, or interest shall be transferred to you. The Company may revoke your license at any time at its sole discretion. Upon such revocation, you must promptly destroy all content downloaded or otherwise obtained, as well as copies of such materials, whether made in accordance with this Agreement.
Restrictions. License is subject to the Agreement and does not include: (a) provide access to, distribute, sell or sublicense Contents to a third party, (b) use the Site on behalf of, or to provide any product or service to, third parties, (с) remove or obscure any proprietary notices in the or otherwise misrepresent the source of ownership of the Site or Contents, (d) interfere with the Site's operation, circumvent its access restrictions or conduct any security or vulnerability test, (e) transmit any viruses or other harmful materials to the Site or other services through which Contents is accessed, (f) engage in any fraudulent, misleading, illegal or unethical activities related to the Site, the Workshop or Contents.
Copyrights and trademarks. Unless otherwise noted, all materials including without limitation: logos, brand names, images, designs, photographs, video clips and written and other materials that appear as part of our Site or the Workshop are copyrights, trademarks, service marks and/or other intellectual property whether registered or unregistered owned, controlled or licensed by the Company. Nothing on our Site should be construed as granting, by implication, estoppel or otherwise, any license or right to use any intellectual property displayed or used on our Site, without the express written permission of the Company.
Recording. Participant does not have the right to record broadcasts of speeches or video recordings of the Workshop, including providing access to familiarization with them to third parties, and does not have the right to distribute materials received as part of the execution of this Agreement, and does not have the right to use for any purpose images of those participating in the Workshop or copyright objects, and does not have the right to retransmit the Workshop, in part or whole, without express written permission.
Ownership. The Company does not grant any rights or licenses not expressly set out in this Agreement. Except for the use rights granted in this Agreement, the Company retains all intellectual property and other rights in the Workshop, the Site and related Company technology, templates, formats, and dashboards, including any modifications or improvements to these items. Except as expressly provided in this Agreement, the Site and Contents may not be copied, modified, reproduced, republished, posted, displayed, transmitted, sold, offered for sale, redistributed, or disclosed in any way without Company's express written permission. Marketing.
The Company reserves the right to use the Participant's name as a reference for marketing or promotional purposes on the Site and in other communication with existing or potential participants. For example, the Company might list the Participant's name on one of our Site under lists of participants. If the Participant does not want to be listed, he may send an email to [email protected]
requesting not to be used as a reference. 3. USAGE ORDER
Registration Using Corporate Email. The Participant gains access to the use of Contents by self-registration using their Email.
Login credentials confidential. Each Participant must keep their account credentials confidential and not share them with anyone else. Participant will promptly notify the Company if they become aware of any compromise to their account credentials.
Tampering with or Illegal Use of Contents or Site. The Participant is not allowed to tamper with or manipulate Contents of the Workshop or the Site, or otherwise damage this Site. Neither may the Participant use the Site for any purpose which is unlawful or prohibited by this Agreement. If the Participant violates the Agreement, the Company reserves the right to seek all remedies available at law and in equity, including, without limitation, suspending or blocking access to the Site and the Workshop.
IP address ownership. The Participant acknowledges and agrees that the Company has the right to detect the IP address of his device and, in the event of illegal actions, including actions that violate the intellectual rights of the Company or third parties, the owner of the device at the detected IP address is recognized as responsible for these illegal actions.
Audio or video recording. There will be an audio and video recording of each training session. The audio recording will be made available to the Participant. Personal audio or video recording is not permitted during the training. Taking photographs during training sessions can disturb the trainers and other participants and interfere with the continuity of the Workshop. Therefore, we ask that you be respectful and reserve taking photographs for special occasions and appropriate times. Also, remember that not everyone is comfortable having their photograph taken. Payment and Taxes.
Participant will be required to select a payment option and provide accurate information regarding credit card or other payment instrument. Participant agrees to pay the Company in accordance with this Agreement, and Participant authorizes the Company or its third-party payment processors to bill payment instrument in advance on a periodic basis in accordance with such Agreement. All amounts paid are non-refundable and we reserve the right to change our prices in the future. Participant is responsible for payment of all taxes imposed on him by governmental authorities resulting from this Agreement or use of the Site or Contents.
Age Requirement for Users. The Workshop, Contents and the Site are not for children under the age of majority, as defined by applicable law in Participant's country of residence.
Suspension. The Company may suspend Participant's access to the Site or the Workshop if Participant breaches this Agreement, if Participant's or actions risk harm to other participants or breaches the principles. Where practicable, the Company will use reasonable efforts to provide Participant with prior notice of the suspension.
Cancellation Policy. We understand that from time to time things come up that might prevent a person from attending the Workshop for which they registered. Should you find yourself in this situation, please contact us to arrange one of the following options:
Substitute. Send a substitute from you or your organization to attend in your place. Please notify us of the new attendee's name and contact details prior to the Workshop.
Transfer. Transfer your registration to another Workshop of the Company to be held within one year of your original Workshop date.
Refund. A person cancelling more than 21 days prior to the Workshop is entitled to a full refund. A person cancelling between 3 and 21 days prior to the Workshop is entitled to a 50% refund. A person cancelling less than three days prior to the Workshop will not be eligible for any refund. 4. PARTICIPANT DATA.
Data Use. Participant will own all Participant Data. Subject to the Agreement Participant grants the Company a worldwide, non-exclusive, limited term license to access, use, process, copy, distribute, perform, export and display Participant Data, created by or for Participant, only as reasonably necessary (a) to provide, maintain the Workshop; (b) to prevent or address service, security, support, or technical issues; (c) as required by law; and (d) as expressly permitted in writing by Participant.
Protection. Protection of Participant Data is a top priority and administrative, physical, and technical safeguards will be maintained. Those safeguards will include measures for preventing unauthorized access, use, modification, deletion, and disclosure of Participant Data. Before sharing Participant Data with any of our third-party service providers, we will ensure that the third party maintains, at a minimum, reasonable data practices for maintaining the confidentiality and security of Participant Data and preventing unauthorized access. 5. DISCLAIMER
Limited Warranty. Our Site is operated by us on an "as is" basis, without representations or warranties of any kind. The Site may be temporarily unavailable due to scheduled maintenance or for unscheduled emergency maintenance, or because of other causes beyond our reasonable control. The Site, the Workshop, Contents, Confidential Information and all other information and materials are provided "as is" and without warranty of any kind. The Company and its licensors expressly disclaim all warranties, either express of implied, statutory or otherwise, including, but not limited to, the implied warranties of merchantability, fitness for a particular purpose, title and noninfringement. Furthermore, the Company does not warranty or make any representations regarding the use (or the results of the use) of the content or related documentation as to their correctness, accuracy, reliability, currentness, or otherwise. No oral or written representations made by the Company or an agent thereof shall create a warranty or in any way increase the scope of this warranty.
Exception. Because some jurisdictions do not allow the exclusion or limitation of implied warranties, some or all of the above limitations may not apply to Participant. To the extent that we may not, as a matter of applicable law, disclaim any implied warranty, the scope and duration of such warranty will be the minimum permitted under such applicable law.
Disclaimer. In no event is the Company liable for any damages caused by Participant or user acts or omissions. The Company is not responsible for any Participant data distributed by Participant or through users; the Company has no liability to Participant or to any third party for any content, data or information.
The Company is not responsible for the opinions or views expressed by Participants including opinions of other Participants in the form of Participant Data.
Indemnity. Participant agrees to defend, indemnify, and hold the Company, its officers, directors, employees, agents, licensors, licensees, suppliers, and affiliates harmless from and against any claims, actions, or demands, liabilities, costs, and settlements, including, without limitation, legal and accounting fees, resulting from, or alleged to result from, Participants violation of the Agreement or the representations and warranties therein, or relating to or arising from use of the Site and Contents. Participant shall cooperate as fully as reasonably required in the Company's defense of any such claim. The Company reserves the right, at its own expense, to assume the exclusive defense and control of any matter otherwise subject to indemnification by Participant and Participant shall not in any event settle any matter without the prior written consent of the Company. Participant agrees to reimburse the Company for any costs or fees related to its enforcement of the Agreement, including without limitation the expert fees and attorney fees regularly charged by the experts and legal counsel chosen by the Company. Because some jurisdictions do not allow the exclusion or limitation of liability for consequential or incidental damages, the above limitation may not apply to Participant.
Total liability. In no event shall the aggregate liability of the Company exceed the amount Participant paid. The limitations of this section shall apply to any theory of liability, whether based on warranty, contract, statute, tort (including negligence) or otherwise, and whether or not the entities have been informed of the possibility of any such damage, and even if a remedy set forth herein is found to have failed of its essential purpose.
Compliance with Law and Export Controls. The Company makes no representation or warranty that the Workshop is appropriate or available for use in all locations outside the United States. Participant use of the Workshop must comply with all applicable laws, rules and regulations, and Participant is solely responsible for compliance with local laws. Participant agrees and certifies that all Information and any technical data received from the Workshop will be exported or re-exported outside the United States only as authorized and as permitted by the laws and regulations of the United States. 6. TERM AND TERMINATION
Term. This Agreement is effective upon payment by the Participant or until otherwise terminated as set forth herein.
Termination for Cause. Either party may terminate this Agreement if the other party (a) fails to cure a material breach of this Agreement (including a failure to pay fees) within thirty (30) days after notice, (b) ceases operation without a successor or (c) seeks protection under a bankruptcy, receivership, trust deed, creditors' arrangement, composition, or comparable proceeding, or if such a proceeding is instituted against that party and not dismissed within sixty (60) days.
Termination for Convenience. Either party may terminate this Agreement at any time for any reason upon thirty (30) days' notice to the other party, provided fees that are outstanding will become immediately due and payable.
Effect of Termination. Upon expiration or termination of this Agreement, access to the Workshop and Contents will cease. At the disclosing party's request upon expiration or termination of this Agreement, the receiving party will delete all of the disclosing party's Confidential Information (excluding Participant Data, which is addressed in Section 4). Participant Data and other Confidential Information may be retained in the party's standard backups after deletion but will remain subject to this Agreement confidentiality restrictions.
Survival. All representations, warranties, covenants, and agreements contained herein and all related rights to indemnification shall continue in full force and effect following the date hereof. 7. CONFIDENTIALITY
Obligations. Each party will (a) hold Confidential Information in confidence and not disclose it to third parties except as permitted in this Agreement, and (b) only use Confidential Information to fulfill its obligations and exercise its rights in this Agreement. The party may disclose Confidential Information to its employees, agents, contractors, and other representatives having a legitimate need to know, provided it remains responsible for their compliance with this Section 7 and they are bound to confidentiality obligations no less protective than this Section 7.
Exclusions. These confidentiality obligations do not apply to information that the party can document (a) is or becomes public knowledge through no fault of the receiving party, (b) it rightfully knew or possessed prior to receipt under this Agreement, (c) it rightfully received from a third party without breach of confidentiality obligations or (d) it independently developed without using the other party's Confidential Information.
Remedies. Unauthorized use or disclosure of Confidential Information may cause substantial harm for which damages alone are an insufficient remedy. Each party may seek appropriate equitable relief, in addition to other available remedies, for breach or threatened breach of this Section 7. 8. CHANGE IN AGREEMENT
Сhange of Agreement. The Company reserves the right at any time to modify this Agreement at its sole discretion. The Company will use commercially reasonable efforts to notify Participant of any change to this Agreement either by sending an email to the email address provide with registration or by a posting on the Site. These, as amended, will be effective upon acceptance of registration for new Participants and effective for all existing Participants two (2) days after the posting of any amended Agreement on the Site. Participant agrees to be bound by this Agreement, as modified. 9. GENERAL AGREEMENT
Governing Law, Jurisdiction and Venue. This Agreement is governed by the laws of the State of California and the United States without regard to conflicts of law's provisions and without regard to the United Nations Convention on the International Sale of Goods. The jurisdiction and venue for actions related to this Agreement will be the state and United States federal courts located in California.
Notices. Except as set out in this Agreement, any notice or consent under this Agreement must be in writing and will be deemed given: (a) upon receipt if by personal delivery, (b) upon receipt if by certified or registered mail or (c) upon receipt if by e-mail. If to the Company, notice must be provided to email [email protected]
. If to Participant, the Company may provide notice to the address Participant provided at registration.
Entire Agreement. This Agreement is the parties' complete and entire agreement regarding its subject matter and supersedes any prior or contemporaneous agreements regarding its subject matter. In this Agreement, headings are for convenience only and "including" and similar Agreement are to be construed without limitation.
Amendments. Except as otherwise provided herein, any amendments, modifications or supplements to this Agreement must be in writing and signed by each party's authorized representatives or, as appropriate, agreed through electronic means provided by the Company. Nonetheless, with notice to Participant, the Company may modify the Agreement to reflect new features or changing practices, but the modifications will not materially decrease the Company's overall obligations.
Waivers and Severability. Waivers must be signed by the waiving party's authorized representative and cannot be implied from conduct. If any provision of this Agreement is held invalid, illegal or unenforceable, it will be limited to the minimum extent necessary, so the rest of this Agreement remains in effect.
Force Majeure. Neither party is liable for any delay or failure to perform any obligation under this Agreement (except for a failure to pay fees) due to events beyond its reasonable control, such as a strike, blockade, war, act of terrorism, riot, Internet or utility failures, refusal of government license or natural disaster.
Subcontractors. The Company may use subcontractors and permit them to exercise the Company's rights, but the Company remains responsible for their compliance with this Agreement and for its overall performance under this Agreement.
Independent Contractors. The relationship between the parties shall not be construed to be that of employer and employee, nor constitute a partnership, joint venture or agency of any kind. Neither party shall have any right to enter into any contracts or commitments in the name of, or on behalf of, the other party, or to bind the other party in any respect whatsoever.
Language version of the Agreement. Where the Company has provided with a translation of the English language version of the Agreement, and/or any other documentation, Participant agree that the translation is provided for convenience only and that the English language versions will govern. 10. CONTACTING US
If you have any questions or concerns about the Workshop, your registration, or anything else, please follow the Contact us link on the Site, or send an email to [email protected]