These Terms of Service are effective as of April 20, 2019. We reserve the right to change these Terms of Service or to impose new conditions on use of the Site, from time to time, in which case we will post the revised Terms of Service on this website. By continuing to use the Site after we post any such changes, you accept the Terms of Service, as modified.
2. Intellectual Property
The Site and the blog posts and articles posted on and disseminated through the Site are created and owned by Conquer Social Anxiety and are protected by applicable copyright, trademark, and other intellectual property laws. You as User agree not to plagiarize or steal this intellectual property. More specifically, unless explicitly authorized in these Terms of Service or otherwise explicitly authorized by us, you may not modify, copy, reproduce, republish, upload, post, transmit, translate, sell, create derivative works, exploit, or distribute in any manner or medium (including by email or other electronic means) any material from Conquer Social Anxiety.
You may, however, from time to time, download and/or print one copy of individual pages of the Site and/or any materials from the blog of the Site for your personal, noncommercial use, provided that you keep intact all copyright and other proprietary notices.
You further agree not to infringe on the copyright, patent, trademark, trade secret or other intellectual property rights of Conquer Social Anxiety.
3. Choice of Law and Jurisdiction
These Terms will be treated as if it were executed and performed in Medellín, Colombia, and will be governed by and construed in accordance with the laws of Antioquia/Colombia without regard to conflict of laws provisions. In addition, you agree to submit to the personal jurisdiction and venue of such courts. Any cause of action by you with respect to our Website or Service must be instituted within one (1) year after the cause of action arose or be forever waived and barred.
4. Dispute Resolution
Any legal controversy or claim arising from or relating to these Terms and/or our Service, excluding legal action taken by us to collect or recover damages for, or obtain any injunction relating to website operations, intellectual property, will begin with an attempt to resolve any dispute, claim or controversy by Arbitration, which shall be in accordance with the commercial arbitration rules of the Sistema de Información de la Conciliación, el Arbitraje y la Amigable Composición – SICAAC del Ministerio de Justicia y del Derecho de Colombia. The parties further agree that their respective good faith participation in arbitration is a condition precedent to pursuing any other available legal or equitable remedy, including litigation, mediation or other dispute resolution procedures. The exclusive venue of any dispute resolution will be conducted in Medellín, Colombia. You or we may seek any interim or preliminary relief from a court of competent jurisdiction in Medellín, Colombia necessary to protect the rights or property of you and us pending the completion of arbitration.
5. Unlawful Activity
We reserve the right to investigate complaints or reported violations of these Terms and take any action we deem appropriate, including but not limited to reporting any suspected unlawful activity to law enforcement officials, regulators, or other third parties and disclosing any information necessary or appropriate to such persons or entities relating to your profile, email addresses, usage history, posted materials, IP addresses, and traffic information.
6. Links to Other Websites
Our Website may from time to time contain links to third party websites. Inclusion of links for any website on our Website does not mean that we endorse, guarantee, warrant, or recommend the services, information, content, and/or data of such third-party websites.
You agree to indemnify, defend, and hold us and our partners, agents, officers, directors, employees, subcontractors, successors, assigns, third party suppliers of information and documents, attorneys, advertisers, product and service providers, and affiliates free from any liability, loss, claim, and expense, including reasonable attorney’s fees, related to your violation of these Terms or use of our Website or Services.
8. Severability and Survivability
Should any part of these terms be held invalid or unenforceable, that portion will be construed consistent with applicable law and the remaining portions will remain in full force and effect. To the extent that any Content is in conflict or inconsistent with this Agreement, this Agreement will take precedence. Our failure to enforce any provision of this Agreement will not be deemed a waiver of such provision, nor of the right to enforce such provision. Our rights under this Agreement will survive any termination of this Agreement.
9. 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 SITE OR SERVICE. ADDITIONALLY, CONQUER SOCIAL ANXIETY 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. THE FOREGOING APPLIES EVEN IF CONQUER SOCIAL ANXIETY HAS BEEN ADVISED OF THE POSSIBILITY OF OR COULD HAVE FORESEEN THE DAMAGES. IN THOSE STATES AND COUNTRIES THAT DO NOT ALLOW THE EXCLUSION OR LIMITATION OF LIABILITY FOR THE DAMAGES, OUR LIABILITY IS LIMITED TO THE FULLEST POSSIBLE EXTENT PERMITTED BY LAW. IN NO EVENT SHALL CONQUER SOCIAL ANXIETY’S CUMULATIVE LIABILITY TO YOU EXCEED THE TOTAL PURCHASE PRICE OF THE SERVICE YOU HAVE PURCHASED FROM THE SITE, AND IF NO PURCHASE HAS BEEN MADE BY YOU CONQUER SOCIAL ANXIETY’S CUMULATIVE LIABILITY TO YOU SHALL NOT EXCEED $150.
10. No Warranty or Liability
The information presented on www.conquersocialanxiety.com is provided “as is” and “as available,” without representation or warranty of any kind. Conquer Social Anxiety does not represent or warrant that such information is or will be always current, complete, or accurate. Any representation or warranty that might be otherwise implied is expressly disclaimed.
You agree that Conquer Social Anxiety is not liable to you or others, in any way or for any damages of any kind, arising from the use of www.conquersocialanxiety.com, including, but not limited to, liability or damages caused by viruses contained within electronic files of this site or any linked site, regardless of prior notice to our office.
11. Credit Point System and Counselling Sessions
In our store credit points for counselling sessions can be purchased. One credit point can be used to schedule a full session of fifty minutes, or to schedule two half sessions of 25 minutes. Once a session has been scheduled as a full session, it can’t be changed into a half session, and vice versa. In case the customer has to cancel a scheduled session, he can do so with a forty-eight hour notice and get a full session refund. If the cancellation occurs less than forty-eight hours before the scheduled session or the customer does not attend the session, it will not be refunded to the customer. In case we have to cancel a scheduled session, we can do so with a twenty-four hour notice and the customer’s used credit (or used half credit) will be refunded. If the cancellation occurs less than twenty-four hours before the scheduled session or we do not attend the session, the customer will be refunded the credits used for scheduling and compensated with an additional half credit point which can be used for future sessions. We offer each person one free consultation session of 25 minutes. It can only be booked once. If the client tries to book another free consultation session under a different name and email address, we will cancel the appointment and the customer may be refused to provide future service.
11. Changes To These Terms and Conditions
We reserve the right to change these Terms and Conditions at any time by giving you advanced notice of the changes by email or in writing. We will also post these changes on our website. These changes will become effective 30 days after receiving the notice. To avoid doubt, no unilateral amendment will retroactively change agreed dispute-resolution provisions of these Terms and Conditions, if any, including, for example, arbitration provisions for then-pending disputes unless the parties expressly agree otherwise. Your continued use of our Website, Services, and Products after any change to these Terms and Conditions and notifying you will constitute your acceptance of such change. If you do not agree with the changes to these Terms and Conditions, you can choose to discontinue the use of our Website, Services, and Products.
Updated April 20, 2019.