Terms of Use

Terms of Use

This Terms of Use agreement (the “Agreement”) is a legal agreement between you (“you” or “your”) and MeredithFlanagan PLLC d/b/a Upside Down Flan (the “Company”) governing your use of (i) the information and service provided by the Company or otherwise accessible via the website courses.upsidedownflan.com or any other web site or IP address designated by the Company (the “Site”), and (ii) any materials, content or other offline components, or other coaching services provided by the Company through the Site (the “Materials”). The Site and the Materials shall collectively be referred to as the “Services”

BY ACCESSING THIS SITE AND THE MATERIALS, YOU ARE AGREEING THAT YOU HAVE READ AND AGREE TO COMPLY WITH AND BE BOUND BY THE TERMS OF THIS AGREEMENT IN THEIR ENTIRETY WITHOUT LIMITATION OR QUALIFICATION AS WELL AS ALL APPLICABLE LAWS AND REGULATIONS. IF YOU DO NOT AGREE TO BE BOUND BY THE TERMS AND CONDITIONS OF THIS AGREEMENT AND TO FOLLOW ALL APPLICABLE LAWS, DO NOT ACCESS OR USE THIS SITE OR THE MATERIALS.

DO NOT USE THE SITE OR THE MATERIALS FOR EMERGENCY MEDICAL NEEDS. IF YOU EXPERIENCE A MEDICAL EMERGENCY, CALL 911 IMMEDIATELY. IF YOU ARE THINKING ABOUT SUICIDE OR IF YOU ARE CONSIDERING TAKING ACTIONS THAT MAY CAUSE HARM TO YOU OR TO OTHERS OR IF YOU FEEL THAT YOU OR ANY OTHER PERSON MAY BE IN ANY DANGER OR IF YOU HAVE ANY MEDICAL EMERGENCY, YOU MUST IMMEDIATELY CALL 911 AND REQUEST HELP.

This Site and the Materials are not intended or implied to be a substitute for professional advice, diagnosis, treatment, psychotherapy, counseling, or mental health services. All content, including text, graphics, images and information, contained on or available through this Site is for general information purposes only. You should always seek the advice of a physician, licensed mental health provider, or other qualified health provider with any questions regarding any mental health or medical symptoms or conditions. NEVER DISREGARD PROFESSIONAL MEDICAL OR MENTAL HEALTH ADVICE OR DELAY IN SEEKING EVALUATION OR MEDICAL TREATMENT BECAUSE OF SOMETHING YOU HAVE READ ON OR ACCESSED THROUGH THIS SITE OR THE MATERIALS.

We do not examine, determine, or warrant the competence of any mental health care provider or any other type of service provider listed on this Site. We do not warrant that the mental health care providers or any other type of service providers listed on the Site are currently or properly licensed. Your reliance on any information available through this Site or in the Materials is solely at your own risk.

1. License Grant

Subject to the terms and conditions of this Agreement, the Company hereby grants you a limited, non-exclusive, non-transferable, license to access the Site and download the Materials solely for your own use. The license granted herein is expressly conditioned on your continued compliance with the terms and conditions of this Agreement.

This Agreement permits you to use the Site 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 the Site, except as follows:

You may temporarily store copies of such materials on your computer 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 Site for your own personal, non-commercial use and not for further reproduction, publication, or distribution; and
You may download a single copy of the Materials to your computer or mobile device solely for your own personal, non-commercial use.

You must not:

Modify copies of any Materials from this Site;
Use any illustrations, photographs, video or audio sequences, or any graphics on the Site separately from the accompanying text; or
Delete or alter any copyright, trademark, or other proprietary rights notices from copies of materials from this site.

If you wish to make any use of Material or the Site other than that set out in this section, please address your request to the contact information provided below.

2. Restrictions on License Grant

Your use of the Site is limited to the scope of the license granted in this Agreement and this Agreement does not permit you to use the Site other than as provided herein. You acknowledge that the Site and the Materials constitutes a valuable asset of the Company. You acknowledge and agree that except as otherwise authorized under this Agreement or otherwise specified in writing between the parties:

You shall not license, sublicense, sell, resell, rent, lease, transfer, assign, distribute, grant a security interest in, or otherwise transfer any rights to, or commercially exploit, the Site or the Materials or use the Site to run, or as part of, a service bureau, outsourced, or managed services arrangement;
You shall not copy, reproduce, republish, upload, post, transmit or distribute the Site or the Materials in any way;
You shall not modify, translate, alter, adapt, decompile, disassemble (except to the extent applicable laws specifically prohibit such restriction), reproduce, distribute or display, or create derivative works, compilations or collective works based on the Site or the Materials;
You shall not knowingly or negligently permit other individuals or entities to use or copy the Site or the Materials, or create Internet “links” to the Site or the Materials;
You shall not access the Site for any reason, including without limitation, in order to (a) build a competitive product or service, (b) build a product using similar ideas, features, functions or graphics of the Site or the Materials, (c) copy any ideas, features, functions or graphics of the Site or the Materials, or (d) monitor its availability, performance or functionality;
You shall not restrict, inhibit, or otherwise interfere with the ability of any other person, regardless of intent, purpose or knowledge, to use or enjoy the Site or the Materials, including, without limitation, posting or transmitting any information or software which contains a worm, virus, or other harmful feature, or generating levels of traffic sufficient to impede others’ ability to use, send, or retrieve information;

3. Privacy

Information collected by the Company is subject to the Privacy Policy available here https://upsidedownflan.com/privacy-policy/. By using the Site, you consent to all actions taken by us with respect to your information in compliance with the Privacy Policy.

4. Intellectual Property Ownership

All right, title and interest in the Site and the Materials, including technology and trade secrets embodied therein and any custom developments created or provided in connection with or related to this Agreement, including all copyrights, patents, trade secrets, trade dress and other proprietary rights, and any derivative works thereof, shall belong solely and exclusively to the Company or its licensors, and you shall have no rights whatsoever in any of the foregoing. You acknowledge that information on the Site and in the Materials may constitute a valuable trade secret and/or is the confidential information of the Company or its licensors. Nothing in this Agreement or otherwise will be deemed to grant to you an ownership interest in the Site or the Materials, in whole or in part. All content on the Site, such as text, graphics, logos, button icons, images, audio clips, information, data, forms, photographs, graphs, videos, typefaces, graphics, music, sounds, and other material, and software (the “Works”) are the property of the Company or its content suppliers and is protected by copyrights, trademarks, trade secrets, or other proprietary rights and these rights are valid and protected in all forms, media and technologies existing now or hereinafter developed. All Works are copyrighted as individual works and as a collective work under the U.S. copyright laws (17 U.S.C. Section 101, et. seq.) and international treaty provisions, and the Company owns a copyright in the selection, coordination, arrangement and enhancement thereof. You may not modify, remove, delete, augment, add to, publish, transmit, adapt, translate, participate in the transfer or sale of, create derivative works from, or in any way exploit any of the Works, in whole or in part. Any use other than as contemplated herein, including the reproduction, modification, distribution, transmission, adaptations, translation, republication, display, or performance, of the Works, except as specifically permitted herein, is strictly prohibited. You understand and acknowledge that unauthorized disclosure, use or copying of the proprietary products and services provided pursuant to this Agreement may cause the Company and its licensors irreparable injury, which may not be remedied at law, and you agree that the Company and its licensors’ remedies for breach of this Agreement may be in equity by way of injunctive or other equitable relief without posting a bond.

5. Trademarks

The Company’s name, logo, other related names, design marks, product names, feature names and related logos are trademarks of Company and may not be used, copied or imitated, in whole or in part, without the express prior written permission of the Company. In addition, the look and feel of the Site and the Materials (including all page headers, custom graphics, button icons, and scripts) constitutes the service mark, trademark and/or trade dress of the Company and may not be copied imitated or used, in whole or in part, without the express prior written permission of the Company.

6. Health Disclaimer

THE SERVICES PROVIDED BY THE COMPAMY ARE NOT A SUBSTITUTE FOR PROFESSIONAL MENTAL HEALTH OR MEDICAL ADVICE, DIAGNOSIS OR TREATMENT. ALL INFORMATION PROVIDED BY THE COMPANY IS FOR INFORMATIONAL PURPOSES ONLY, AND YOU HEREBY ASSUME ALL OF THE RISK IN USING THE COMPANY’S SERVICES, INCLUDING BY WAY OF EXAMPLE AND NOT LIMITATION, ANY RISKS THAT MAY ARISE FROM THE COMPANY’S NEGLIGENCE. THE COMPANY STRONGLY ADVISES THAT YOU SEEK THE ADVICE OF YOUR PHYSICIAN OR OTHER QUALIFIED MENTAL HEALTH PROVIDER WITH ANY QUESTIONS YOU MAY HAVE REGARDING A MEDICAL OR MENTAL HEALTH CONDITION. NEVER DISREGARD PROFESSIONAL MEDICAL OR MENTAL HEALTH ADVICE BECAUSE OF INFORMATION RECEIVED FROM THE COMPANY OR ON THE SITE OR IN THE MATERIAL.

IF YOU BELIEVE YOU MAY HAVE A MEDICAL OR MENTAL HEALTH EMERGENCY, CALL YOUR DOCTOR OR MENTAL HEALTH PROVIDER, GO TO YOUR LOCAL EMERGENCY ROOM, OR CALL THE LOCAL EMERGENCY PHONE NUMBER SUPPORTED BY GOVERNMENTAL AUTHORITIES (FOR EXAMPLE 911 IN THE UNITED STATES) IMMEDIATELY.

ON BEHALF OF YOUR EXECUTORS, ADMINISTRATORS, HEIRS, NEXT OF KIN, SUCCESSORS, AND ASSIGNS, YOU HEREBY: (A) WAIVE, RELEASE, AND DISCHARGE THE COMPANY AND ITS MEMBERS, MANAGERS, EMPLOYEES, PARTNERS, SUCCESSORS, HEIRS, ASSIGNS, AGENTS, AFFILIATES AND CONTRACTORS (COLLECTIVELY THE “COMPANY’S PARTIES” FROM ANY AND ALL LIABILITY FOR YOUR DEATH, DISABILITY, PERSONAL INJURY, PROPERTY DAMAGE, PROPERTY THEFT, OR ACTIONS OF ANY KIND WHICH MAY HEREAFTER OCCUR TO YOU AND (B) INDEMNIFY, HOLD HARMLESS, AND PROMISE NOT TO SUE THE COMPANY’S PARTIES (AS DEFINED ABOVE) FROM ANY AND ALL LIABILITIES OR CLAIMS MADE AS A RESULT OF YOUR USE OF THE SITE AND/OR THE MATERIALS. THIS RELEASE SHALL BE CONSTRUED BROADLY TO PROVIDE A RELEASE AND WAIVER TO THE MAXIMUM EXTENT PERMISSIBLE UNDER APPLICABLE LAW.

7. Term; Termination; Suspension of Access

The term of this Agreement commences the first time you access the Site and continues through any subsequent use of the Site thereafter. Any unauthorized use of the Site will be deemed a material breach of this Agreement. The Company, in its sole discretion, may terminate your use of the Site or the Materials if you breach or otherwise fail to comply with this Agreement.

8. Disclaimer of Warranties

EXCEPT AS OTHERWISE EXPRESSLY PROVIDED IN THIS AGREEMENT, (A) THE SITE IS PROVIDED “AS-IS” AND “WITH ALL FAULTS” AND “AS AVAILABLE”, AND, TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, THE COMPANY AND THE COMPANY’S PARTIES (AS DEFINED IN SECTION 6) DISCLAIM ALL REPRESENTATIONS, WARRANTIES AND CONDITIONS OF ANY KIND, EXPRESS OR IMPLIED, REGARDING THE SITE AND THE MATERIALS, OR OTHERWISE RELATING TO THIS AGREEMENT, INCLUDING NON-INFRINGEMENT AND ACCURACY; (B) NEITHER THE COMPANY NOR ANY OF THE COMPANY’S PARTIES (AS DEFINED IN SECTION 6) WARRANT THAT THE SITE IS OR WILL BE SECURE, ACCURATE, COMPLETE, UNINTERRUPTED, WITHOUT ERROR, OR FREE OF VIRUSES, WORMS, OTHER HARMFUL COMPONENTS, OR OTHER PROGRAM LIMITATIONS; (C) YOU ASSUME THE ENTIRE COST OF ALL NECESSARY SERVICING, REPAIR, OR CORRECTION OF PROBLEMS CAUSED BY VIRUSES OR OTHER HARMFUL COMPONENTS, UNLESS SUCH ERRORS OR VIRUSES ARE THE DIRECT RESULT OF THE COMPANY’S GROSS NEGLIGENCE OR WILLFUL MISCONDUCT; (D) THE COMPANY AND THE COMPANY’S PARTIES (AS DEFINED IN SECTION 6), JOINTLY AND SEVERALLY, DISCLAIM AND MAKE NO WARRANTIES OR REPRESENTATIONS AS TO THE ACCURACY, QUALITY, RELIABILITY, SUITABILITY, COMPLETENESS, USEFULNESS, OR EFFECTIVENESS OF THE INFORMATION OBTAINED, GENERATED OR OTHERWISE RECEIVED BY YOU FROM ACCESSING AND/OR USING THE SITE OR THE MATERIALS OR OTHERWISE RELATING TO THIS AGREEMENT, AND (E) USE OF THE SITE AND/OR THE MATERIALS IS ENTIRELY AT YOUR OWN RISK AND NEITHER THE COMPANY NOR ANY OF THE COMPANY’S PARTIES (AS DEFINED IN SECTION 6) SHALL HAVE ANY LIABILITY OR RESPONSIBILITY THEREFOR.

9. Limitation of Liability

NOTWITHSTANDING ANYTHING TO THE CONTRARY IN THIS AGREEMENT, IN NO EVENT WHATSOEVER SHALL THE COMPANY BE LIABLE FOR ANY INDIRECT, SPECIAL, INCIDENTAL, PUNITIVE OR CONSEQUENTIAL DAMAGES, INCLUDING BUT NOT LIMITED TO LOSS OF PROFITS, LOST TIME OR GOOD WILL, EVEN IF THE COMPANY HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES, WHETHER IN CONTRACT, TORT (INCLUDING NEGLIGENCE), STRICT LIABILITY OR OTHERWISE. THE COMPANY SHALL NOT BE LIABLE FOR ANY CLAIMS AGAINST YOU BY THIRD PARTIES. IN NO EVENT SHALL THE MAXIMUM CUMULATIVE LIABILITY OF THE COMPANY IN CONNECTION WITH THE SITE, THE MATERIALS AND/OR THIS AGREEMENT, REGARDLESS OF THE FORM OF ACTION, EXCEED $100. NO ACTION, REGARDLESS OF FORM, ARISING FROM OR PERTAINING TO THE SITE MAY BE BROUGHT BY YOU MORE THAN ONE (1) YEAR AFTER SUCH ACTION HAS ACCRUED. Certain states and/or jurisdictions do not allow the exclusion of implied warranties or limitation of liability for incidental, consequential or certain other types of damages, so the exclusions set forth above may not apply to you.

10. Release & Indemnification

You knowingly, and voluntarily do hereby indemnify, release, acquit, waive, forever discharge, and covenant not to sue the Company and the Company’s Parties (as defined in Section 6) from and against any and all claims, liabilities, losses, damages, costs and expenses (including without limitations, any reasonable fees and expenses of its attorneys and consultants) relating to or arising out of any claims, demands or causes of action of every kind and character as a result of: (i) your use of, or inability to use, the Site or the Materials; (ii) your violation of any terms of this Agreement; (iii) your violation of any rights of a third party, or (iv) your violation of any applicable laws, rules or regulations. The Company reserves the right, at its own cost, to assume the exclusive defense and control of any matter otherwise subject to indemnification by you, in which event you will fully cooperate in asserting any available defenses. any claims, demands or causes of action of every kind and character as a result of the information and Materials offered by the Company through the Site.

11. Account Access

If use of all or any part of the Site is contingent on you and your users accessing an “account” and/or inserting a “user-identification” and/or “password”, you agree that you will be solely responsible for the user-ids and passwords that are provided to you (as such passwords may be changed from time to time in accordance with features of the Site) to log-in to the password protected Site. If non-authorized individuals have access to your systems or to your users’ user-id and password, they may be able to use the Site. You shall keep any correspondence you receive relating to or through the use of the Site (including, but not limited to, your user-id, passwords, and other registration or sign-in information) confidential and in a safe place and not disclose it to any third party. You will be responsible and liable for all communications and actions that take place through the use of your user-ids, including without limitation, any actions that occur without your authorization. Accordingly, it is your responsibility to take appropriate actions immediately if any password has been stolen, leaked, compromised or otherwise used without proper consent.

12. Amendments and Modifications

The Company may revise and update this Agreement from time to time in its sole discretion. All changes are effective immediately when posted, and apply to all access to and use of the Site thereafter. Your continued use of the Site or the Materials following the posting of the revised Agreement means that you accept and agree to the changes. You are expected to check this page from time to time so you are aware of any changes, as they are binding on you.

13. Children under 13

The Company does not knowingly collect, either online or offline, personal information from persons under the age of thirteen. If you are under 18, you may only use the Site or the Materials with the express permission of a parent or guardian

14. General

a. This Agreement shall be governed by the law of the Commonwealth of Massachusetts and controlling United States federal law, without regard to the choice or conflicts of law provisions of any jurisdiction or the United Nations Convention on the International Sale of Goods, and any disputes, actions, claims or causes of action arising out of or in connection with this Agreement or the Site, except for claims for injunctive relief, shall be subject to the exclusive jurisdiction of the state and federal courts located in Massachusetts and you hereby waive any jurisdictional, venue or inconvenient forum objections to such courts.

b. If any provision of this Agreement is held by a court of competent jurisdiction to be invalid or unenforceable, then such provisions shall be construed, as nearly as possible, to reflect the intentions of the invalid or unenforceable provisions, with all other provisions remaining in full force and effect.

c. It may be necessary for the Company to perform scheduled or unscheduled repairs, maintenance, or upgrades and such activities may temporarily degrade the quality of the Site or result in a partial or complete outage of the Site and/or the Materials. The Company provides no assurance that you will receive advance notification of such activities or that access to the Site will be uninterrupted or error-free.

d. No joint venture, partnership, employment, or agency relationship exists between you and the Company as a result of this Agreement or use of the Site and/or the Materials.

e. The failure of the Company to enforce any right or provision in this Agreement shall not constitute a waiver of such right or provision unless acknowledged and agreed to by the Company in writing.

f. If you have not entered into another agreement with the Company regarding the subject matter contained herein, then this Agreement comprises the entire agreement between you and the Company and supersedes all prior or contemporaneous negotiations, discussions or agreements, whether written or oral, between the parties regarding such subject matter. However, if you and the Company have entered into another agreement regarding the subject matter set forth herein that is a written and signed agreement between you and the Company, then this Agreement should be read and interpreted in conjunction with such agreement and, in the event of a conflict between this Agreement and a written signed agreement between the parties, the written signed agreement shall govern and control.

15. Questions or Additional Information

If you have any questions regarding this Agreement or wish to obtain additional information, please send an email to: [email protected]

Terms of Use (Teachable.com)

1. Terms

By accessing this School, you are agreeing to be bound by these Terms of Use, all applicable laws and regulations, and agree that you are responsible for compliance with any applicable local laws. If you do not agree with any of these terms, you are prohibited from using or accessing this site. The materials contained in this School are protected by applicable copyright and trademark law.

2. Use License

Permission is granted to temporarily download one copy of any downloadable materials on the School’s website for personal, non-commercial transitory viewing only. This is the grant of a license, not a transfer of title, and under this license you may not:
modify or copy the materials;
use the materials for any commercial purpose, or for any public display (commercial or non-commercial);
attempt to decompile or reverse engineer any software contained on the School’s web site;
remove any copyright or other proprietary notations from the materials; or
transfer the materials to another person or 'mirror' the materials on any other server.
This license shall automatically terminate if you violate any of these restrictions and may be terminated by Company at any time. Upon terminating your viewing of these materials or upon the termination of this license, you must destroy any downloaded materials in your possession whether in electronic or printed format.

3. Disclaimer

The materials on the School’s website are provided 'as is'. The School makes no warranties, expressed or implied, and hereby disclaims and negates all other warranties, including without limitation, implied warranties or conditions of merchantability, fitness for a particular purpose, or non-infringement of intellectual property or other violation of rights. Further, the School does not warrant or make any representations concerning the accuracy, likely results, or reliability of the use of the materials on its website or otherwise relating to such materials or on any sites linked to this site.

4. Limitations

In no event shall the School be liable for any damages (including, without limitation, damages for loss of data or profit, or due to business interruption) arising out of the use or inability to use the materials on the School’s website, even if the School or an authorized of the School has been notified orally or in writing of the possibility of such damage. Because some jurisdictions do not allow limitations on implied warranties, or limitations of liability for consequential or incidental damages, these limitations may not apply to you.

5. Revisions and Errata

The materials appearing on the School’s website may include technical, typographical, or photographic errors. The School does not warrant that any of the materials on its web site are accurate, complete, or current. The School may make changes to the materials contained on its web site at any time without notice. The School does not, however, make any commitment to update the materials.

6. Links

The School has not reviewed all of the sites linked to its website and is not responsible for the contents of any such linked site. The inclusion of any link does not imply endorsement by the School of the site. Use of any such linked website is at the user's own risk.

7. Site Terms of Use Modifications

The School may revise these Terms of Use for its website at any time without notice. By using this website you are agreeing to be bound by the then current version of these Terms of Use.

8. Governing Law

Any claim relating to the School’s website shall be governed by the laws of the School Owner’s home jurisdiction without regard to its conflict of law provisions.