TERMS OF SERVICE

Last Modified: May 3, 2016

 

Acceptance of the Terms of Use

Welcome to EmotionallySensitive.com. This website and all attendant Services are provided by DBT Path, LLC ((hereinafter referred to as “EmotionallySensitive” Company“, “we” or “us“).

The following terms and conditions, together with any documents they expressly incorporate by reference ([collectively,) these “Terms of Use,” govern your use of EmotionallySensitive.com, (the “Website” or “Service”).

Please read the Terms of Use carefully before you start to use the Website or our Services as they set forth your legal rights and obligations.

By using the Website or Services, and by clicking to accept or agree to the Terms of Use when this option is made available to you when you register for a class, webinar, or other service or product, you accept and agree to be bound and abide by these Terms of Use.

If you do cannot agree to these Terms of Use, you must not access or use the Website or Services.

By using this Website or Services, you represent and warrant that you are of legal age of majority in the jurisdiction in which you reside in order to use this Website or Services and to form a binding contract with the Company and meet all of the foregoing eligibility requirements, or that you have obtained express permission from a parent or guardian. If you do not meet all of these requirements, you must not access or use the Website or Services.

You warrant that you understand that laws may vary by state or municipality, and as such you are responsible for compliance with all laws, regulations, and rules for all activities undertaken in your use of EmotionallySensitive and with other users of this Website or Services.

 

EmotionallySensitive Services

EmotionallySensitive.com allows users to access online DBT psychoeducational classes subject to these Terms of Service, their acceptance of our release form and observance of all currents policies. Services offered through EmotionallySensitive.com are intended for educational purposes, and are not a substitute for medical or psychiatric treatment.

 

Changes to the Terms of Use

To improve the quality of our services and to make improvements, we may revise and update these Terms of Use from time to time in our sole discretion. All changes are effective immediately when we post them, and apply to all access to and use of the Website or Services thereafter.

You may discontinue your use of this Website and attendant Services at any time. Your continued use of the Website or Services following the posting of revised Terms of Use means that you accept and agree to the changes. You are expected to check this page each time you access this Website or Services so you are aware of any changes, as they are binding on you.

 

Accessing the Website and Account Security

We reserve the right to withdraw or amend this Website, and any service or material we provide on the Website or through our hosting providers or classroom platform providers (including class recordings), in our sole discretion without notice. We 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, we may restrict access to some parts of the Website, or the entire Website, to users, including registered users.

You are responsible for:

  • Making all arrangements necessary for you to have access to the Website.
  • Ensuring that all persons who access the Website through your internet connection are aware of these Terms of Use and comply with them.
  • To access the Website or attendant Services, you may be asked to provide certain registration details or other information. It is a condition of your use of the Website that all the information you provide on the Website is correct, current and complete. You agree that all information you provide to register with this Website or otherwise, including but not limited to through the use of any interactive features on the Website, is governed by our Privacy Policy and you consent to all actions we take with respect to your information consistent with our Privacy Policy.

 

If you choose, or are provided with, a user name, password or any other piece of information as part of our security procedures, you must treat such information as confidential, and you must not disclose it to any other person or entity. You also acknowledge that your account is personal to you and agree not to provide any other person with access to this Website or portions of it, or to AnyMeeting live classes, using your user name, password, links available to you as a student, or other security information. You agree to notify us immediately of any unauthorized access to or use of your user name or password or any other breach of security. You also agree to ensure that you exit from your account at the end of each session. You should use particular caution when accessing your account from a public or shared computer so that others are not able to view or record your password or other personal information.

We have the right to disable any user name, password or other identifier, whether chosen by you or provided by us, at any time in our sole discretion for any or no reason, including if, in our opinion, you have violated any provision of these Terms of Use.

 

Intellectual Property Rights

The EmotionallySensitive materials, as well as this Website, and their entire contents, features and functionality (including but not limited to all information, text, images, and the design, selection and arrangement thereof), are owned by the EmotionallySensitive, and are protected by United States and international copyright, trademark, patent, trade secret and other intellectual property or proprietary rights laws.

These Terms of Use permit you to use the Services for your personal, non-commercial use only. You must not reproduce, distribute, modify, create derivative works of, publicly display, publicly perform, republish, download, store or transmit any of the material on our Website, except as follows:

  • Your computer may temporarily store copies of such materials in RAM incidental to your accessing and viewing those materials.
  • You may store files that are automatically cached by your Web browser for display enhancement purposes.
  • You may print [or download] one copy of a reasonable number of pages of the Website for your own personal, non-commercial use and not for further reproduction, publication or distribution.
  • If we provide desktop, mobile or other applications for download, you may download a single copy to your computer or mobile device solely for your own personal, non-commercial use, provided you agree to be bound by our end user license agreement for such applications.

You must not:

  • Modify copies of any materials from this site or provided through our Service.
  • Use any illustrations, photographs, sequences or any graphics separately from the accompanying text.
  • Delete or alter any copyright, trademark or other proprietary rights notices from copies of materials from the Website or Service.
  • You must not access or use for any commercial purposes any part of the Website or our services or materials.
  • If you print, copy, modify, download or otherwise use or provide any other person with access to any part of the Website or materials provided by us in our provision of Services, you will be in breach of the Terms of Use, your right to use the Website and Services will cease immediately and you must, at our option, return or destroy any copies of the materials you have made. No right, title or interest in any content on the Website or Service is transferred to you, and all rights not expressly granted are reserved by EmotionallySensitive. Any use of the Website or Service not expressly permitted by these Terms of Use is a breach of these Terms of Use and may violate copyright, trademark and other laws.

By posting or otherwise delivering to us your User generated content, including comments and testimonials, you are expressly granting Emotionally Sensitive.com a perpetual world-wide license to re-use such content.

 

Trademarks

The Company name, DBT Path, Emotionally Sensitive 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.

 

Prohibited Uses

User Code of Conduct

In using this Website or through the use of any Services or features which may now exist or become a feature offered through the website; the following standards and acceptable use policy shall apply.

These content standards apply to any communications or user generated content which you may be able to post or disseminate through the user of this Website or Services. Your Use must in their entirety comply with all applicable federal, state, local and international laws and regulations. Without limiting the foregoing, your communications and postings must not:

  • Deliver any unsolicited advertisement, promotional materials, junk email, bulk email (also known as “spam”), chain letters, surveys or contests.
  • Deliver any unlawful (according to local, state, federal, or international law or regulation) postings to or through this EmotionallySensitive Site, or any postings which advocate illegal activity.
  • Deliver, or provide links to, any postings containing material that could be considered harmful, obscene, pornographic, indecent, lewd, violent, abusive, profane, insulting, threatening, harassing, hateful or otherwise objectionable.
  • Deliver, or provide links to, any postings containing material that harasses, victimizes, degrades, or intimidates an individual or group of individuals on the basis of religion, race, ethnicity, sexual orientation, gender, age, or disability.
  • Deliver, or provide links to, any postings containing defamatory, false or libelous material.
  • Deliver any posting that infringes or violates any intellectual property or other rights, including copyrights, patents, trademarks, laws governing trade secrets, rights to privacy, or publicity.
  • Deliver any posting or enter into an agreement that you do not have a right to make under law, regulation or contractual or fiduciary relationships.
  • Impersonate another person or entity or falsely state or otherwise misrepresent your affiliation with a person or entity, or adopt a false identity if the purpose of doing so is to mislead, deceive, or defraud another.
  • Manipulate identifiers, including by forging headers, in order to disguise the origin of any posting that you deliver.
  • Deliver any posting containing personal information, such as phone numbers, social security numbers, account numbers, addresses or employer references.
  • Use this EmotionallySensitive service in any manner which could damage, disable, overburden, or impair or otherwise interfere with the use of this EmotionallySensitive Site or other users’ Devices, or cause damage, disruption or limit the functioning of any software, hardware, or telecommunications equipment.
  • Obtain or attempt to obtain any materials or information through any means not intentionally made available through this EmotionallySensitive Site, including harvesting or otherwise collecting information about others such as email addresses.

 

In some circumstances it is not possible for us to screen all content posted or delivered through this Website or attendant Services, and cannot ensure interception of objectionable material. Accordingly, we assume no liability for any action or inaction regarding transmissions, communications or content provided by any user or third party. We have no liability or responsibility to anyone for performance or nonperformance of the activities described in this section.

 

Copyright Infringement

If you believe that any User Contributions violate your copyright, please see our Copyright Policy for instructions on sending us a notice of copyright infringement. It is the policy of the Company to terminate the user accounts of repeat infringers.

 

Reliance on Information Provided

Through EmotionallySensitive.com DBT provides peer led psycho-educational classes. We do not provide counseling services. Our services are meant to be educational in nature. We do not warrant the accuracy, completeness or suitability of all information provided on the Website or Services. Any reliance you place on such information is strictly at your own risk. We disclaim all liability and responsibility arising from any reliance placed on such materials by users, or by anyone who may be informed of any of its contents. If you are seeking counseling services, it is recommended you seek outside counseling and, if needed, crisis support.

 

Changes to the Website or Services

We may update content on this Website or offerings of our Services from time to time, but its content is not necessarily complete or up-to-date. Any of the material on the Website may be out of date at any given time, and we are under no obligation to update such material.

 

Information About You and Your Visits to the Website

All information we collect on this Website is subject to our Privacy Policy. By using the Website, you consent to all actions taken by us with respect to your information in compliance with the Privacy Policy.

 

Third Party Offerings

Through this Website or in the course of using our Services, you may be referred to or given access to websites, content, products or services provided by third parties. We refer to all such services and products as “Third-Party Offerings.” If you elect to use s Third-Party Offerings, you understand that your use will be subject to any terms and conditions required by the applicable third-party provider(s). You understand that we are not the provider of, and are not responsible for, any such Third-Party Offerings. These resources are provided to you as an informational service or for your convenience, and do not constitute an endorsement of their products or services. We have no control over Third Party services, and accept no responsibility for them or for any loss or damage that may arise from your use of them. If you decide to access any of the third party services linked or otherwise referenced, you do so entirely at your own risk.

 

Disclaimer of Warranties

YOUR USE OF THE WEBSITE, ITS CONTENT AND ANY SERVICES OBTAINED THROUGH THE WEBSITE IS AT YOUR OWN RISK. THE WEBSITE, ITS CONTENT AND ANY SERVICES OR ITEMS OBTAINED THROUGH THE WEBSITE ARE PROVIDED ON AN “AS IS” AND “AS AVAILABLE” BASIS, WITHOUT ANY WARRANTIES OF ANY KIND, EITHER EXPRESS OR IMPLIED. NEITHER THE COMPANY NOR ANY PERSON ASSOCIATED WITH THE COMPANY MAKES ANY WARRANTY OR REPRESENTATION WITH RESPECT TO THE COMPLETENESS, SECURITY, RELIABILITY, QUALITY, ACCURACY OR AVAILABILITY OF THE WEBSITE. WITHOUT LIMITING THE FOREGOING, NEITHER THE COMPANY NOR ANYONE ASSOCIATED WITH THE COMPANY REPRESENTS OR WARRANTS THAT THE WEBSITE, ITS CONTENT OR ANY SERVICES OR ITEMS OBTAINED THROUGH THE WEBSITE WILL BE ACCURATE, RELIABLE, ERROR-FREE OR UNINTERRUPTED, THAT DEFECTS WILL BE CORRECTED, THAT OUR SITE OR THE SERVER THAT MAKES IT AVAILABLE ARE FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS OR THAT THE WEBSITE OR ANY SERVICES OR ITEMS OBTAINED THROUGH THE WEBSITE WILL OTHERWISE MEET YOUR NEEDS OR EXPECTATIONS.

 

THE COMPANY HEREBY DISCLAIMS ALL WARRANTIES OF ANY KIND, WHETHER EXPRESS OR IMPLIED, STATUTORY OR OTHERWISE, INCLUDING BUT NOT LIMITED TO ANY WARRANTIES OF MERCHANTABILITY, NON-INFRINGEMENT AND FITNESS FOR PARTICULAR PURPOSE.

 

THE FOREGOING DOES NOT AFFECT ANY WARRANTIES WHICH CANNOT BE EXCLUDED OR LIMITED UNDER APPLICABLE LAW.

 

Release

You hereby release and discharge DBTPath, LLC, it’s officers, employees, agents, successors, and assigns, from all existing or potential disputes, claims, controversies, demands, obligations, liabilities, or any possible cause of action of any kind for all acts or omissions of EmotionallySensitive and attendant Services.

IF YOU ARE A CALIFORNIA RESIDENT, YOU HEREBY WAIVE CALIFORNIA CIVIL CODE SECTION 1542 IN CONNECTION WITH THE FOREGOING, WHICH STATES: “A GENERAL RELEASE DOES NOT EXTEND TO CLAIMS WHICH THE CREDITOR DOES NOT KNOW OR SUSPECT TO EXIST IN HIS OR HER FAVOR AT THE TIME OF EXECUTING THE RELEASE, WHICH IF KNOWN BY HIM OR HER MUST HAVE MATERIALLY AFFECTED HIS OR HER SETTLEMENT WITH THE DEBTOR.”

 

Limitation on Liability

IN NO EVENT WILL THE COMPANY, ITS AFFILIATES OR THEIR LICENSORS, SERVICE PROVIDERS, EMPLOYEES, AGENTS, OFFICERS OR DIRECTORS BE LIABLE FOR DAMAGES OF ANY KIND, UNDER ANY LEGAL THEORY, ARISING OUT OF OR IN CONNECTION WITH YOUR USE OF ANY SERVICES OR ITEMS OBTAINED THROUGH THE WEBSITE OR SERVICE, INCLUDING ANY DIRECT, INDIRECT, SPECIAL, INCIDENTAL, CONSEQUENTIAL OR PUNITIVE DAMAGES, INCLUDING BUT NOT LIMITED TO, PERSONAL INJURY, PAIN AND SUFFERING, EMOTIONAL DISTRESS, LOSS OF REVENUE, LOSS OF PROFITS, LOSS OF BUSINESS OR ANTICIPATED SAVINGS, LOSS OF USE, LOSS OF GOODWILL, LOSS OF DATA, AND WHETHER CAUSED BY TORT (INCLUDING NEGLIGENCE), BREACH OF CONTRACT OR OTHERWISE, EVEN IF FORESEEABLE.

 

THE FOREGOING DOES NOT AFFECT ANY LIABILITY WHICH CANNOT BE EXCLUDED OR LIMITED UNDER APPLICABLE LAW.

 

Indemnification

You agree to defend, indemnify and hold harmless the Company, its affiliates, licensors and service providers, and its and their respective officers, directors, employees, contractors, agents, licensors, suppliers, successors and assigns from and against any claims, liabilities, damages, judgments, awards, losses, costs, expenses or fees (including reasonable attorneys’ fees) arising out of or relating to your violation of these Terms of Use, including, but not limited to, your User Contributions, any use of the Company’s content, services and products other than as expressly authorized in these Terms of Use or your use of any information obtained from the Company.

Governing Law and Jurisdiction

These Terms shall be governed by the laws of the State of California without giving effect to any conflict of laws principles that may require the application of the law of another jurisdiction. Any action or proceeding relating to a claim or controversy at law or equity that arises out of or relates to these Terms or the Site or Services (a “claim”) must be brought in a federal or state court located in California, and each party irrevocably submits to the exclusive jurisdiction and venue of any such court in any such action or proceeding.

 

Legal Notice

DBT Path, LLC is a limited liability company. The courses, The Emotionally Sensitive Entrepreneur, Emotionistas, and emotionistas.com, are divisions of DBT Path, LLC, and are governed by the Terms of Use and Privacy Policy on the Website.

Disclaimer

Please read this entire disclaimer before using this Website, or relying on the content published within it. If you use the Website, we will assume that you have read and understand this disclaimer.

The materials available at this Website are for informational purposes only and not for the purpose of providing legal advice, financial advice, business advice, or psychiatric, psychological or psychotherapeutic advice. You should contact an appropriate professional to obtain advice with respect to any particular issue or problem. Use of and access to this Website or any of the links contained within the Website do not create a legal, professional, fiduciary or other relationship between you and DBT Path, LLC.

 

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, promises, representations and/or assurances concerning the level of success you may experience. Results may vary by individual. Any examples, if presented in this Website or related course materials, are not to be interpreted as any guarantee, promise, representation and/or assurance of success. Your level of success in attaining the results claimed depends on the time you devote, your development efforts, the ideas and techniques mentioned, your finances, knowledge and various skills; since such skills and factors differ according to individuals.

 

DBT Path, LLC is not responsible for your actions or omissions. The use of our information, products, and/or services, or anything else related to your development should be based on your own due diligence, which you undertake and confirm that you have carried out to your entire satisfaction. You agree that DBT Path, LLC is not liable for your success or failure of your business, acts and/or omissions that are directly or indirectly relating to DBT Path, LLC, this Website, and/or the purchase and use of our advice, products and/or services.

 

Under no circumstances will DBT Path, LLC be held responsible or liable, directly or indirectly, for any loss or damage that is caused or alleged to have been caused to you in connection with your use of any advice, products and/or services you receive from DBT Path, LLC, or a guest speaker or author on the Website or at one of DBT Path, LLC’s classes.

 

Your Comments and Concerns

This website is operated by:

DBT Path, LLC

2995 Woodside Rd, Ste 400

Woodside, CA 94062

415.326.3285

 

Thank you for visiting EmotionallySensitive.com.

 

PRIVACY POLICY

 

Privacy Policy

EmotionallySensitive.com is committed to your right to privacy and takes your privacy seriously. This privacy policy statement (“Privacy Policy”) describes our collection, use, and disclosure of your personal information. This Privacy Policy is incorporated into the Terms of Use Agreement. EmotionallySensitive.com may collect, use, and disclose your personal information only to the extent described in this Privacy Policy.

 

Information We Collect About You and How We Collect It

We collect several types of information from and about users of our Website, including information:

  • by which you may be personally identified, such as name, address, e-mail address, telephone number (“personal information”);
  • about your internet connection, the equipment you use to access our Website and usage details.

We collect this information:

  • Directly from you when you provide it to us.
  • Automatically as you navigate through the site. Information collected automatically may include usage details, IP addresses and information collected through cookies.
  • From third parties service providers such as Google, Twitter or Facebook.

 

Information You Provide to Us

The information we collect on or through our Website may include:

  • Information that you provide by filling in forms on our Website. This includes information provided at the time of registering to use our Website, or subscribing to use our services.
  • Records and copies of your correspondence (including e-mail addresses), if you contact us.

 

You also may provide information to be published or displayed (hereinafter, “posted”) on public areas of the Website, or transmitted to other users of the Website or third parties (collectively, “User Contributions”). Your User Contributions are posted on and transmitted to others at your own risk. Although we limit access to certain pages, or you may set certain privacy settings for such information by logging into your account profile, please be aware that no security measures are perfect or impenetrable. Additionally, we cannot control the actions of other users of the Website with whom you may choose to share your User Contributions. Therefore, we cannot and do not guarantee that your User Contributions will not be viewed by unauthorized persons and we suggest that you use your judgment about the information you choose to share publicly.

 

Information We Collect through Automatic Data Collection Technologies

As you navigate through and interact with our Website, we may use automatic data collection technologies to collect certain information about your equipment, browsing actions and patterns, including:

  • Details of your visits to our Website, including traffic data, logs and other communication data and the resources that you access and use on the Website.
  • Information about your computer and internet connection, including your IP address, operating system and browser type.

 

The information we collect automatically is statistical data and does not include personal information. It helps us to improve our Website and to deliver a better and more personalized service, including by enabling us to:

  • Estimate our audience size and usage patterns.
  • Store information about your preferences,
  • Speed up your searches.
  • Recognize you when you return to our Website.

The technologies we use for this automatic data collection may include:

  • Cookies (or browser cookies). A cookie is a small file placed on the hard drive of your computer. You may refuse to accept browser cookies by activating the appropriate setting on your browser. However, if you select this setting you may be unable to access certain parts of our Website. Unless you have adjusted your browser setting so that it will refuse cookies, our system will issue cookies when you direct your browser to our Website.
  • Flash Cookies. Certain features of our Website may use local stored objects (or Flash cookies) to collect and store information about your preferences and navigation to, from and on our Website. Flash cookies are not managed by the same browser settings as are used for browser cookies. For information about managing your privacy and security settings for Flash cookies, see Choices about How We Use and Disclose Your Information.

Third-party Use of Cookies

Some content or applications, including advertisements, on the Website are served by third parties, including advertisers, ad networks and servers, content providers and application providers. These third parties may use cookies to collect information about you when you use our website. The information they collect may be associated with your personal information or they may collect information, including personal information, about your online activities over time and across different websites and other online services. They may use this information to provide you with interest-based (behavioral) advertising or other targeted content.

 

We do not control these third parties’ tracking technologies or how they may be used. If you have any questions about an advertisement or other targeted content, you should contact the responsible provider directly. For information about how you can opt out of receiving targeted advertising from many providers, see Choices About How We Use and Disclose Your Information.

 

Choices About How We Use and Disclose Your Information

We strive to provide you with choices regarding the personal information you provide to us. We have created mechanisms to provide you with the following control over your information:

  • Tracking Technologies and Advertising. You can set your browser to refuse all or some browser cookies, or to alert you when cookies are being sent. To learn how you can manage your Flash cookie settings, visit the Flash player settings page on Adobe’s website. If you disable or refuse cookies, please note that some parts of this site may then be inaccessible or not function properly.

Disclosure of Your Information for Third-Party Advertising. If you do not want us to share your personal information with unaffiliated or non-agent third parties for promotional purposes, you can opt-out by logging into the Website and adjusting your user preferences in your account profile by checking or unchecking the relevant boxes or by sending us an e-mail stating your request to dbtpath [at] gmail.com .
We do not control third parties’ collection or use of your information to serve interest-based advertising. However these third parties may provide you with ways to choose not to have your information collected or used in this way. You can opt out of receiving targeted ads from members of the Network Advertising Initiative (“NAI”) on the NAI’s website.

 

California Online Privacy Protection Act

California Civil Code Section § 1798.83 permits users of our Website that are California residents to request certain information regarding our disclosure of personal information to third parties for their direct marketing purposes. To make such a request, please send an e-mail to dbtpath[at]gmail.com.

 

Children Online Privacy Protection Act

We observe the Children’s Online Privacy Protection Act which prohibits the collection of personal information from children under 13.

  • We do not specifically market to children under 13.
  • Use of our services is intended for parents and should not be used by anyone under the age of 13 without parental supervision.

 

Updates and Changes to Privacy Policy

We reserve the right, to add to, change, update or modify this Privacy Policy, by posting such change, update or modification on this Privacy Policy. Any such change, update or modification will be clearly marked and shall be effective immediately upon posting.