Terms of Service

A Lotus Rising and Patrice Heller’s Terms of Service & Privacy Policy
Last Updated: September 25, 2014

Agreement – Welcome to A Lotus Rising and Patrice Heller’s (together ALR or we) website (the Site). These terms (Agreement) are a binding contract that describe the conditions upon which users of ALR’s website (you) are permitted to use the Site. It also contains ALR’s privacy policy.
We may change this Agreement at any time, so we encourage you to review it periodically before using the Site. We will note the most recent updates above.
By continuing to use the Site after we modify the Agreement, you accept the new version of the Agreement. If you do not agree to this Agreement at any time you may stop using the site. Any questions may be directed to ALR at info@collegecoachgurus.com.
In exchange for your acceptance of this Agreement, you are authorized to use the Site, but only for personal and noncommercial purposes. In particular, you cannot use the Site to generate revenue or to distribute or redistribute any portion of the Site unless you have the prior written consent of ALR.
Intellectual Property – The Site contains material that is protected by copyright, trademark, or other intellectual property rights, and the Site itself is protected as a collective work under the copyright laws of the United States and other countries and under a common law trademark and other trademark law. You may not download, modify, publish, transmit, create derivative works from, or in any way exploit, any component of the Site. To the extent you post any content on the Site you retain your common law and other copyright regarding your content, however, you grant ALR a non-exclusive, worldwide, perpetual license to display your content on the Site. Copyrights and trademarks on the site and all materials included in it are owned by or licensed to ALR and all rights are reserved. You must abide by all copyright and trademark notices and restrictions contained on the Site. You may not copy, distribute, enter into a database, display, perform, create derivative works of, transmit, or otherwise use any materials from the Site (including computer programs or other code) (Site Materials), except that you make a reasonable number of machine-readable copies of the Site Materials only for personal, non-commercial use, and only if you do not alter the text or remove any trademark, copyright, or other notice displayed on the Site Materials.
ALR has common law and other trademark rights in its name and the Site (ALR trademarks). You may not use ALR’s trademarks in connection with any product or service that does not belong to us, or in any manner that is likely to cause confusion among users about whether we are the source, sponsor, or endorser of the product or service, or in any manner that disparages or discredits us.
You may link to the home page of the Site as long as the link does not cast us in a false or misleading light. Please let us know if you link to the Site by contacting us at info@alotusrising.com.
You may not frame the content of the Site. You may not use metatags or any other “hidden text” that incorporates ALR’s trademarks or name without ALR’s prior written consent.
Age Restrictions – The Site is intended for the use of students over the age of 13 and adults 18 years or older. You are not permitted to use the Site if you are under the age of 13. By using the Site, you agree to provide ALR with accurate information concerning your age or identity if ALR requests it. You also agree not to assist children under the age of 13 in accessing the Site or to attempt to contact children under 13 through the Site.
Cyber Security – In exchange for your access to the Site, you agree not to take any steps that are intended to or could damage, inhibit, or prevent operation of the Site or that could cause injury to yourself, to us, or to anyone else.
Without limitation, you agree not to attempt to:
1. Modify the Site or make it possible for you or someone else to access the Site without using an interface that we provide (including through the use of spiders or robots, except to facilitate the creation of public search engines that catalog publicly accessible portions of the Site);
2. Introduce viruses or any other computer code, files or programs that interrupt, destroy or limit the functionality of any computer software or hardware or telecommunications equipment;
3. Damage, disable, overburden, impair, or gain unauthorized access to the Site or our servers, computer network, or user accounts;
4. Collect information about other users for the purpose of sending, or to facilitate or encourage the sending of, unsolicited bulk or other communications, or for any other purpose not explicitly authorized by us;
5. Falsify, conceal, or modify information identifying yourself or another user, including Internet Protocol header information;
6. Use our servers, networks, or other facilities for any purpose not explicitly authorized by us, including for the transmission of messages not authorized by us, or to interfere with or cause damage to the Site or any other service operated by us or any other party; or
7. Take any other action that we, in our exclusive discretion, believe may damage or injure you, us, or any third party.
Privacy – A Lotus Rising and Patrice Heller (ALR) values your privacy. ALR does not collect any personally identifiable information unless you provide it to us in the course of utilizing our services. If you provide us information such as email addresses, physical addresses or credit card information, you know exactly what you have provided to us. ALR never sells any of the information its clients provide. ALR utilizes a customized WordPress theme to author and distribute ALR’s website. ALR’s website utilizes different forms of cookies to enable and enhance your navigation of ALR’s website. You may manage any such cookies by using the settings on your browser and by clearing your history, data and temporary folders. ALR will launch a video on demand (VOD) service utilizing Vimeo’s VOD services. If you provide any personally identifiable information such as credit cards to use ALR’s VOD service the provision of your information is governed by Vimeo’s privacy policy and terms of service. We may make content or services from other web sites including our affiliated or co-branded websites. These other web sites are not subject to ALR’s privacy policy. We recommend that you review the privacy policies at each such web site to determine how that site protects your privacy.
As a convenience to you, we may provide links to third-party content, websites or services. ALR does not endorse, sponsor, control, or otherwise accept responsibility for this material, except to the extent that ALR otherwise controls it. To the extent ALR uses photographs of schools or businesses on the site, such use does not imply any contractual arrangement between the school and ALR, and there is no endorsement implied either way.
You should be aware that third-party websites are not covered by this Agreement or our privacy policy, and ALR therefore cannot be responsible for the content or practices of any such website, even if it links to the Site or even if the website is operated by a company affiliated or otherwise connected with us.
No Guarantees of Therapeutic Success – You understand that ALR’s therapy services are provided as psychotherapy services. ALR cannot and does not in any respect guarantee that any ALR psychotherapy services will be successful or achieve intended results.
Disclaimers and Limitation of Liability – ALR does not guarantee that it will continue to provide the Site, that the Site will be available at any particular time or from any particular place, or that it will continue to function in the manner that it currently functions. You agree not to hold ALR liable for damages you claim are caused by third parties who contact you using the Site or become aware of your identity through the use of the Site, and you understand that, while such behavior is a violation of this Agreement, ALR need not attempt to control or identify individuals who falsify their identities or provide false information to others through the use of the Site. You agree that we are not liable for the infringing, defamatory, offensive, or illegal contact of third parties, including other users.
IN NO EVENT WILL ALR, OUR PARENTS OR AFFILIATES, OR ANY OF OUR RESPECTIVE INVESTORS, DIRECTORS, OFFICERS, EMPLOYEES, AGENTS AND SUPPLIERS OR WILLIAM R. SNEED, III (COLLECTIVELY, THE “INDEMNIFIED PARTIES”), BE LIABLE TO YOU OR ANY THIRD PARTY FOR ANY DIRECT, INDIRECT, PUNITIVE, INCIDENTAL, SPECIAL, CONSEQUENTIAL OR OTHER DAMAGES, INCLUDING LOSS OF PROFITS, ARISING OUT OF OR IN ANY WAY RELATED TO YOUR USE OF THE SITE (INCLUDING ANY INFORMATION, PRODUCTS OR SERVICES ADVERTISED IN, OBTAINED ON OR PROVIDED THROUGH THE SITE OR CONTENT CREATED ON OR THROUGH THE SITE). YOUR INDEMNIFY AND HOLD ALR HARMLESS FROM ANY AND ALL CLAIMS OF ANY KIND ARISING OUT ANY CONTENT YOU MAY POST ON THE SITE.
THE SITE IS PROVIDED ON AN “AS IS” BASIS WITHOUT WARRANTIES OF ANY KIND, EITHER EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, WARRANTIES OF TITLE OR IMPLIED WARRANTIES OF MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE.
THIS DISCLAIMER OF LIABILITY APPLIES TO ANY DAMAGES OR INJURY CAUSED BY ANY FAILURE OF PERFORMANCE, ERROR, OMISSION, INTERRUPTION, DELETION, DEFECT, DELAY IN OPERATION OR TRANSMISSION, COMPUTER VIRUS, COMMUNICATION LINE FAILURE, THEFT OR DESTRUCTION OR UNAUTHORIZED ACCESS TO, ALTERATION OF, OR USE OF THE SERVICES, WHETHER FOR BREACH OF CONTRACT, TORTIOUS BEHAVIOR, NEGLIGENCE, GROSS NEGLIGENCE, OR UNDER ANY OTHER CAUSE OF ACTION, EVEN IF THE CLAIM ALLEGES THAT THE INDEMNIFIED PARTIES’ CONDUCT WAS WILLFUL.
Miscellaneous – You agree that any dispute between you and us will be governed by the laws of the United States of America and the Commonwealth of Pennsylvania, without regard to choice of law rules, and that any legal action brought by one party against the other will be brought exclusively in the appropriate court within the Commonwealth of Pennsylvania. If you are located outside of the United States of America, you agree that, by entering into this agreement, you voluntarily subject yourself to the jurisdiction of the courts of the United States of America and the Commonwealth of Pennsylvania, and you agree that you may be sued in those courts and subject to the judgments and orders of those courts.
You agree that, notwithstanding any provision of law to the contrary, if you are located outside of the United States, ALR may satisfy its obligation to serve you with legal process by sending an electronic mail message to the email address that you provided when you registered for the Site or by sending a paper communication to you at the postal address that you provided when you registered for the Site. You further agree that service will be deemed accomplished when we send the electronic mail message or paper communication, as appropriate, and that service may be proven through evidence that we sent the communication, regardless of whether we obtain evidence that you received the communication or that the communication was not delivered.
This Agreement, along with the privacy policy incorporated within it by reference, constitutes the entire agreement between you and us. They govern your use of the Site (but excluding services, if any, that we may provide to you under a separate written agreement), and completely replace any prior agreements between you and ALR in relation to the Site.
Even if we act in a way that you believe to be inconsistent with this Agreement, those actions will not be deemed a waiver or constructive amendment of this Agreement. Similarly, our failure to object to your breach of your obligations under this Agreement does not constitute a waiver of any of our rights.
If any provision of this Agreement is ruled unlawful, void, or unenforceable, that provision will be severed from this Agreement, and the other provisions will remain effective and enforceable. In addition, the severed provision will be deemed replaced with a comparable provision that most closely reflects the intent of the parties.
We reserve the right to terminate the Site and this Agreement at any time without notice for any reason, including, in the case of the Agreement, for your violation of any of its provisions. The Disclaimer and Limitation of Liability and Governing Law sections of this Agreement shall survive any such termination.
You agree that no joint venture, partnership, employment, or agency relationship exists between you and ALR as a result of this Agreement or your access to and use of the Site. If you become an independent contractor of ALR, your status will be governed by ALR’s independent contractor agreement with you including your obligation to pay any and all taxes on revenue you receive from ALR in your capacity as an independent contractor to ALR.

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