Terms & Conditions
Last updated: April 25, 2025
TERMS & CONDITIONS
PLEASE READ. YOUR USE OF THIS SITE IS SUBJECT TO THESE TERMS OF SERVICE AND OUR PRIVACY POLICY STATEMENT.
This Site (the “Site”) is owned and operated by Tasha Nikora, PHA or one of its subsidiary companies within the United States (collectively, “Tasha Nikora, PHA”). These terms of service (the “TOS”) apply to your use of the Site and govern your rights and responsibilities in connection with such use. The term “Site” includes the content on the Site and all of SPE’s services provided on or through the Site (the “Site Services”). You “use” the Site anytime you access, view, link to or from, or otherwise interact or communicate with or connect to, the Site (or any parts thereof) or interact or communicate with other users through the Site (including, without limitation, on message boards, chat rooms and/or other communities established on the Site). Your use of the Site (or any part thereof) signifies your agreement to be bound by these TOS, and the Tasha Nikora, PHA Privacy Policy (the “Privacy Policy”) and, which is hereby incorporated by this reference into these TOS. These TOS are a binding legal agreement between you and Tasha Nikora, PHA: please read them carefully before you use the Site. Do not use the Site if you do not agree with any of the terms contained herein.
By joining Tasha Nikora, PHA, and/or any website or social media group started by, created by, maintained, or organized by the Association, I agree to the terms and conditions of Tasha Nikora, PHA Membership Agreement as follows:
AGREEMENT FOR MINISTRY SERVICES
Overview: I do hereby apply for services from Tasha Nikora Coaching, Temple of the Flame, a Private Ministry of Fifth Element Free Church, hereinafter referred to as the “Ministry.” By signing or affirming this Service Agreement, I hereby affirm that I have read through and agree with its terms.
Purpose: The Ministry is organized for educational, spiritual, and beneficent purposes, and in part for worship, and is established under the exclusive jurisdiction of the Bylaws and Ecclesiastical Law of Fifth Element Free Church (hereinafter, the “Church”) and the Ministry, for furthering the upliftment and enlightenment of all people throughout the world, and the betterment of life on planet Earth.
Rights & Responsibilities: By consenting to the Services Agreement provided herein, I understand that I am granted the following rights and benefits, and I agree to the following responsibilities:
● The right to detailed, informed consent about the services rendered, and what to expect.
● Full and fair conflict resolution.
● Upon request, access to the Ministry Bylaws.
● Guarantee that my personal information is secure, and that it will remain within the
Ministry.
● My association with the Ministry will remain intact unless and until: (a) I submit, in
writing, my desire to withdraw membership; or (b) my membership is terminated by the Ministry in accordance with its Bylaws.
● Complaints against the Ministry must be submitted, in writing, to a Trustee of the Ministry within three months of the incident at issue. These complaints will be sent to the Tribunal designated by the Ministry for evaluation and remediation action.
Mission Statement:
Our mission is to guide individuals toward personal and spiritual growth by fostering self-awareness, integrity, and emotional well-being. We are committed to helping others become happy, healthy humans by aligning their lives with authenticity, purpose, and inner harmony. Through transformative coaching and healing, we empower people to navigate life with clarity, resilience, and deep self-trust.
Voluntary Membership: I voluntarily agree to join the Ministry, an unincorporated private spiritual church ministry governed solely by ecclesiastical law, as interpreted by Fifth Element Free Church and Temple of the Flame, whose members seek to help each other achieve better mental, bodily, and spiritual health, and a good quality of life. Inasmuch as I am associating with the Ministry and its membership, I am voluntarily changing my capacity from that of a public person to that of a private member. My activities within the Ministry are a private, contractual matter that I refuse to share with any Local, State, or Federal investigative or enforcement agencies. I understand that the Ministry submits to no authority other than God. I fully agree not to pursue any course of legal action against a fellow member of the Ministry, unless that member has exposed me to a clear and present danger of substantive evil, and even then, only upon the recommendation and approval of the Ministry Trustees, which shall not be unreasonably withheld.
I enter into this agreement of my own free will, without any pressure or coercion. I affirm that I do not represent any Local, State, or Federal agency whose purpose is to regulate or to carry out any mission of enforcement, entrapment, or investigation. I have read and understand this document, and my questions have been answered fully, and to my satisfaction. I understand that I can withdraw from this agreement and terminate my membership in this Ministry at any time,
and that my membership can and will be revoked if I engage in abusive, violent, menacing, destructive, or harassing behavior towards any other member.
I declare that, by joining this Ministry, by contracting for its services, by participating on the Church/Ministry website(s), and/or their Social Media Group(s), said behaviors are a clear indication that I have carefully read the whole of this document; I understand it, and I agree with it.
MEMORANDUM OF UNDERSTANDING
➢ I understand that members, vendors, instructors, counselors, teachers, practitioners, and/or service providers within the Ministry may or may not be licensed by the governmental board(s) that purport to regulate their activities. I understand that the fellow members of the Ministry who provide services and care do so in their capacity as an approved Minister of the Church and fellow member, and not in the capacity as a licensed provider. I further understand that within the Ministry, only a contractual member-to-member relationship exists. I further understand that it is entirely my own responsibility to consider the advice and recommendations offered to me by my fellow members, and to educate myself as to the efficacy, risks, and desirability of the same; and that the acceptance of the offered or recommended course of action is my own, carefully considered decision.
➢ I understand that, since the Ministry is an integrated auxiliary of Fifth Element Free Church, it is outside the jurisdiction and authority of government authorities concerning any and all complaints or grievances against the Ministry, any Trustee(s), members, or other staff persons. All rights of complaints or grievances will be settled by a Church designee, committee, or tribunal. I agree that I have sought to understand the Ministry private association and free church designations; I assert that I do understand them, and I have freely determined that this is the course of action I want to take on behalf of myself. Where applicable, I have also made this determination on behalf of my minor children.
➢ I understand that within Temple of the Flame no doctor-patient relationship exists but only a contract member to member relationship. I have freely chosen to change my legal status as a public person or patient, customer, or client to a private member of Temple of the Flame.
➢ Because the privacy and security of membership records maintained within Temple of the Flame, the undersigned member waives HIPAA privacy rights and complaint process. However, any medical or healthcare records kept by Temple of the Flame will be strictly protected and only released upon written request of myself as a member.
➢ Temple of the Flame does not participate in any medical insurance plans or collections on behalf of the member but will provide a suitable invoice for the member to pursue reimbursement by his/her insurance company, if applicable.
➢ Other aspects of informed consent will take place in my discussions with the providers and my fellow members of Temple of the Flame.
➢ As I am voluntarily choosing this method of natural health and wellness care, media support, course development, other consulting services, or other support activities, I will not hold Temple of the Flame or its members financially liable for any particular outcome regarding my health.
➢ I agree to discuss my concerns with Temple of the Flame members and to seek appropriate medical treatment should the need arise.
➢ I understand that no one within Temple of the Flame is acting in the capacity of a doctor, psychologist, or other licensed or registered professional.
➢ I understand that no one within Temple of the Flame is providing health care or medical services that will diagnose, treat, or cure in any manner whatsoever, any disease, condition or other physical or mental ailment of the human body.
➢ I agree to communicate and discuss vitamins, herbs, and/or other supplements with my primary medical care provider prior to use, especially if I am taking prescribed medications.
➢ I agree that violation of any of the waivers contained within this membership contract will result in a no contest legal proceeding against me.
➢ As a participating member of the Ministry, I understand that images, photographs, or other likenesses of me may be taken. I hereby grant the Church and Ministry my absolute permission to reuse, copyright, publish, or republish the same.
➢ As I am voluntarily choosing this method of service providers, I will not hold the Church, the Ministry or its members financially liable for any particular outcome.
➢ I understand that my donations, if any, to the Ministry are donations to Fifth Element Free Church, and are non-refundable. If I am unable to attend a service appointment that has been reserved by my donation, it is my responsibility to communicate my conflict to the Ministry within a reasonable amount of time, not less than 72 hours prior to the date of the appointment. I understand that the Ministry will not accommodate my conflict if it is communicated less than 72 hours prior to the start of the appointment; and that conflicts communicated more 72 hours prior to the start of the appointment may be accommodated by the Ministry, at the Ministry’s sole discretion.
➢I enter into this agreement of my own free will, without any pressure, coercion, or promise of result, cure or disease prevention, and affirm that these pages comprise the entire agreement for my membership in the Ministry. Payment of any dues, fees, or program costs, where applicable, along with delivery of these signed documents to a representative of the Ministry, is considered sufficient consideration for the commencement of my membership, the term of which begins with the date affixed below my signature.
CODE OF ETHICS AND CONFIDENTIALITY
In order to encourage and foster open and candid discussion between members, the Trustees and Board of Advisors of Fifth Element Free Church believes confidentiality must be maintained within this Church and Ministry. Therefore, it is the policy of the Trustees and Board of Advisors of both the Church and Ministry that each member shall keep confidential any and all information relating to any discussions, or shared on any members-only area of its website, unless the member is given express consent to disclose said information from the Trustees.
While members are free to discuss the result of any actions taken by the Trustees and/or Board of Advisors, disclosing information concerning any Church or Ministry dealings to non-members is strictly prohibited. Members acknowledge that any violation of this policy could cause harm to the Ministry, or to Fifth Element Free Church, and that any violation of this policy could result in loss of membership.
In order to ensure compliance and to protect Fifth Element Free Church, the Ministry, its Trustees, Board of Advisors, and members from potential legal problems regarding conflicts of interest and violation of fiduciary obligations, the Ministry endorses and adopts the following statement of policy:
I. Duty of Loyalty
Among the fiduciary obligations of an officer, director, staff member, or committee member of a nonprofit corporation is a duty of loyalty to the non-profit corporation. This includes supporting, and not opposing, directly or indirectly, or taking any other stance against, the policies and positions duly adopted by the Fifth Element Free Church Trustees. As members of the Ministry, I am obligated to maintain this duty of loyalty in all manner of activities, for the duration of my membership. This duty of loyalty is not intended to, nor should it, discourage debate within the community. Such debate is encouraged, and is part of the individual's responsibility in the deliberation process.
II. Confidentiality of Board Discussions and Board Documents
In order to encourage and foster open and candid discussion at its meetings, the Trustees and the Board of Advisors of Fifth Element Free Church believe that confidentiality must be maintained. Therefore, it is the policy of the Trustees and the Board of Advisors of Fifth Element Free Church and Temple of the Flame that each member shall keep confidential any and all information relating to the operation of the Church and Ministry, unless the member is given expressed, written consent from the Trustees to disclose said information. While all members are free to discuss actions adopted by the Trustees or the Board of Advisors, disclosing or distributing any information concerning any and all aspects of the operations of the Church or Ministry is strictly prohibited.
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I agree this contract began on the date of my joining “Tasha Nikora, PHA”. I declare that by joining this Association and/or the Associations websites and/or social media group(s), I have carefully read the whole of this document and I understand and agree with it.
I also agree that, should I disagree with any part of this statement, I will immediately provide written notice of termination of my membership here. Given the nature of the Internet, even though the Site is targeted to US residents, it may be accessed in other parts of the world. If you are not a US resident and yet use the Site, you acknowledge, understand and agree that you are doing so on your own initiative and at your own risk and that it is your responsibility (and not the responsibility of Tasha Nikora, PHA) to make sure that your use of the Site complies with all applicable local laws.
IF YOU ARE NOT A US RESIDENT, BY SUBMITTING YOUR PERSONALLY IDENTIFIABLE INFORMATION ON THE SITE, YOU CONSENT TO THE TRANSFER OF SUCH DATA TO THE US, AND TO THE PROCESSING OF SUCH DATA ON Jay Warren, PHA’S US SERVERS, WHERE YOUR DATA WILL BE GOVERNED BY US LAWS THAT MAY PROVIDE A LEVEL OF DATA PROTECTION DIFFERENT THAN YOUR COUNTRY.
Tasha Nikora, PHA reserves the right, at its sole discretion, to change, modify, and/or add to these TOS, the Privacy Policy or the CPR statement, in whole or in part, at any time, without notice. Changes to the TOS, Privacy Policy and CPR statement will be effective when posted. You agree to review the TOS,
Privacy Policy and CPR statement periodically to become aware of any changes. Your use of the Site or any part thereof after any changes to these TOS, Privacy Policy and/or CPR statements are posted will be considered acceptance of those changes and will constitute your agreement to be bound thereby. If you object to any such changes, your sole recourse will be to stop using the Site.
Your use of certain Site Services, features, functionality or programs (including, without limitation, contests, sweepstakes, promotions, wireless marketing opportunities, RSS feeds, etc.) offered on or through the Site may be subject to additional terms and conditions (“Special Rules”), and before you use any such services, features, functionality or other programs you may be required to indicate your acceptance of such additional Special Rules. All Special Rules are incorporated into these TOS as if fully set forth herein.
OWNERSHIP, RESTRICTIONS ON USE
The content of the Site and all copyrights, patents, trademarks, service marks, trade names and all other intellectual property rights therein are owned by Tasha Nikora, PHA. You acknowledge, understand and agree that you shall not have, nor be entitled to claim, any rights in and to the Site content and/or any portion thereof, except: (i) with respect to your own User Submissions (excluding any of the materials (e.g., key art, title treatment, clips, stills, music tracks, etc.) used in your User Submissions that may be licensed to you by Tasha Nikora, PHA for use in your User Submissions (e.g., in connection with a contest or other program offered on the Site) (such content referred to as the “Tasha Nikora, PHA Licensed Assets”); and/or (ii) to the extent of your limited
rights to use the Site for certain personal (non-commercial) purposes, as set forth below in the section titled LICENSES GRANTED TO YOU, subject to the conditions set forth in the YOUR RESPONSIBILITIES section below and the other terms and conditions of these TOS. Notwithstanding the foregoing, you hereby grant to Tasha Nikora, PHA the rights as set forth in the section “USER SUBMISSIONS; GRANT OF LICENSE TO Tasha Nikora, PHA; YOUR WARRANTIES AND REPRESENTATIONS” below. Unless expressly authorized by Tasha Nikora, PHA pursuant to these TOS, or unless you have otherwise obtained Tasha Nikora, PHA’s written permission (such as for example, but not limitation, as part of specific instructions provided on the Site, including, without limitation, as part of any Special Rules), you agree not to copy, reproduce, duplicate, stream, capture, access through technology or means other than those provided on the Site and expressly permitted hereunder, perform, transfer, sell, resell, download, upload, archive, license to others, edit, modify, manipulate, create derivative works from or based upon (including, without limitation, mash-ups, montages, wallpapers, ringtones, greeting cards, T-shirts or other merchandise), publish, republish, post, transmit, publicly display, frame, link from or to, distribute, share, embed, translate, decompile, reverse engineer, translate, incorporate into any hardware or software application, use for commercial purposes, or otherwise use or exploit the Site or any component part thereof. Any of the unauthorized uses referred to above would constitute an infringement of the copyrights and other proprietary rights of Tasha Nikora, PHA and/or its licensors (including, without limitation, other Site users who have submitted their own User
Submissions) and a violation of these TOS and may subject you to civil and/or criminal liability under applicable laws.
LICENSES GRANTED TO YOU
Subject to these TOS (including, without limitation, the YOUR RESPONSIBILITIES section set forth below), Tasha Nikora, PHA hereby grants you, if and only to the extent the necessary functionality is provided to you on or through the Site, the following limited, revocable, non-exclusive, non-transferable, non-assignable, worldwide, royalty-free rights and licenses (each a “License”): (1) the License to access, view and otherwise use the Site (including, without limitation any services provided on or through the Site) for your personal, lawful use only, as intended through the normal functionality of the Site; (2) the License to stream Site content using any of the widgets and/or other digital streaming Internet video players, if any, provided on the Site (any such widget or other digital streaming Internet video player referred to as a “Site Widget”); (3) the License to cut and paste certain code expressly made available to you through the Site (whether such functionality is designated as “sharing” functionality or not) in order to embed, re-publish, maintain, and/or display the specific Site content to which such code relates on your own personal, customized social networking Web page(s), Web blog(s), or microblog(s) (collectively, your “Personal Social Media”), and/or, if the Site provides “widget grabbing and embedding” functionality, to “grab” a Site Widget and embed, re-publish, maintain, and/or display such Site Widget on your Personal Social Media; (4) the License to cut and paste certain code expressly made available to you through the Site, and/or if the Site provides “widget grabbing and embedding” functionality, to “grab” a Site Widget, to forward, as applicable, such code and/or Site Widget to your friends, so that they can view the Site content contained therein, and/or if, they so desire, so that they themselves may embed the forwarded piece of code or Site Widget on their own Personal Social Media or re-forward it to their own friends; (5) if the Site includes a “Send to Friend” tool that allows you to initiate and send to one of your friends an email communication that includes Site content, and the tool is operational, the License to use the tool to request that the Site’s servers convey your message to your friend; (6) if the Site includes a “Download” link next to a piece of Site content (including, without limitation, an image, a music track, or an RSS feed), the License to download a single copy of such content to a single computer or other permitted device for your personal, non-commercial use only; (7) if the Site enables you to download Software, the License to install and use one copy of the Software on your personal computer system in machine-executable object code form only and make one additional copy for back-up purposes; provided, however, that you understand and agree that (i) by allowing you to download the Software, SPE does not transfer title to the Software to you (i.e., you own the medium on which the Software is recorded, but the Software’s owner (which may be Tasha Nikora, PHA and/or its third party Software licensor) will retain full and complete title to such Software; (ii) you may not copy, modify, adapt, translate into any language, distribute, or create derivative works based on the Software without the prior written consent of Tasha Nikora, PHA; (iii) you may not assign, rent, lease, or lend the Software to any person or entity and any attempt by you to sublicense, transfer, or assign the Software will be void and of no effect; (iv) you may not decompile, disassemble, reverse engineer, or attempt to reconstruct, identify, or discover any source code, underlying ideas, underlying user interface techniques, or algorithms of the Software by any means whatsoever; (8) the License to obtain a registered personal account (and related username and password) on the Site and interact with other Site users as part of Site-based chat rooms, message boards, social media networks, online multiplayer games and/or other similar activities; (9) the License to use any other functionality expressly provided by Tasha Nikora, PHA on or through the Site for use by users, subject to these TOS (including, without limitation, functionality to create and/or Submit User Submissions).
YOUR RESPONSIBILITIES Your rights under any one or more of the Licenses set forth above are conditioned upon your compliance, with each of the following: (1) you will not create or Submit (as defined below) a User Submission that is unlawful, pornographic, obscene, defamatory, libelous, threatening, discriminatory, harassing, bullying, vulgar, indecent, profane, hateful, racially, culturally or ethnically offensive, or that encourages criminal conduct, or that gives rise, or potentially gives rise, to civil or criminal liability, or that violates any applicable laws, rules, regulations or Federal Trade Commission guidelines (“Applicable Laws”), or that infringes or violates any other party’s(ies’) intellectual property rights or links to infringing or unauthorized content; (2) you will not embed, re-publish, maintain and/or display any Site content (including, without limitation, any of your own User Submissions) on any Personal Social Media or other web site or other Internet location that ordinarily (i) contains or hosts content that is unlawful, pornographic, obscene, defamatory, libelous, threatening, discriminatory, harassing, bullying, vulgar, indecent, profane, hateful, racially, culturally or ethnically offensive, or that encourages criminal conduct, or that gives rise, or potentially gives rise, to civil or criminal liability, or that violates any Applicable Laws, or that infringes or violates any other party’s(ies’) intellectual property rights or links to infringing or unauthorized content; (3) you will not send spam, chain letters, or any other unsolicited or unauthorized advertising or promotional materials, or to harass, bully, stalk, harm, or otherwise cause mental or physical distress or injury to anyone, or to defame or disparage someone, or for any other unlawful or objectionable (as determined by Tasha Nikora, PHA) purpose; (4) you will not provide false information about you or anyone else (including, without limitation, when you are being asked on the Site to provide accurate information about your age), and you will not impersonate or appear to impersonate anyone else or otherwise misrepresent your affiliation with any person or entity; (5) you will not use any one or more of the Licenses (and any associated functionality) to collect, obtain, compile, gather, transmit, reproduce, delete, revise, view, display, forward, any material or information, whether personally identifiable or not, posted by or concerning any other user of the Site, unless you have obtained prior permission from such user to do so; (6) you will not interfere with or disrupt, or attempt to interfere with or disrupt, the operation of the Site (or any parts thereof); (7) you will abide by all copyright notices, information, restrictions contained in or associated with any of the Site content; (8) you will not remove, alter, interfere with or circumvent any of copyright, trademark, watermark, or other proprietary notices marked/displayed on Site content; (9) you will not remove, alter, interfere with or circumvent any digital rights management mechanism, device or other content protection or access control measure (including, without limitation geofiltering and/or encryption) associated with Site content; (10) you will not use any of the rights granted to you or any of the Site content in a manner that suggests an association with any of Tasha Nikora, PHA’s products, services or brands, unless otherwise specifically permitted by Tasha Nikora, PHA; (11) you will not use bots, spiders, offline readers or other automated systems to access or use the Site in a manner that sends more request messages to the Site’s servers in a given period of time than a human can reasonably produce in the same period by using a conventional Web browser, unless you are a lawfully operating a public search engine, in which case (subject to Tasha Nikora, PHA’s full discretion to revoke this exception at any time), you may use spiders to index materials from the Site for the sole purpose of creating publicly available searchable indices (but not caches or archives) of such materials; (12) you will not knowingly transmit any material that contains adware, malware, spyware, software viruses, timebombs, cancelbots, worms, trojan horses, spyware, or any other computer code, files, or programs designed to interrupt, destroy, or limit the functionality of any computer software or hardware or telecommunications equipment; (13) you will not do anything that is likely to adversely affect or reflect negatively upon or harm the goodwill or reputation of Tasha Nikora, PHA or any of its affiliates, or the Site, or any of the content running or being promoted on the Site (including, without limitation, any movie, television program or other initiative); (14) you will not do anything on the Site that would prevent other users’ access to or use of the Site or any part thereof; and (15) you will use the Site and the Licenses at all times in compliance with these TOS and all Applicable Laws.
USER SUBMISSIONS; GRANT OF LICENSE TO Tasha Nikora, PHA; YOUR WARRANTIES AND REPRESENTATIONS
The Site may enable you to send, post, upload, transmit through webcam or similar functionality or otherwise submit to the Site (including, without limitation, by allowing you to provide the URL of where a particular piece of your content resides), or otherwise display or exchange (including, without limitation, with other Site users) on or via the Site (collectively, “Submit”), your videos, textual comments, photographs, images, or other creative works and/or other personal media content and your ideas, opinions, feedback, and other information, (collectively, your “User Submissions”), and such User Submissions will generally be available to all users of the Site. By submitting your User Submissions on or via the Site you expressly acknowledge and agree that you and only you will be responsible for the content of your User Submissions and for any consequences that may arise therefrom. Except as may otherwise be provided in any Special Rules, it is not Tasha Nikora, PHA’s regular, established practice to monitor, control, or have knowledge of the User Submissions Submitted using the Site, but Tasha Nikora, PHA may do so in its sole discretion. When you Submit (or attempt to Submit) your User Submissions on or through the Site, you automatically grant to Tasha Nikora, PHA and its affiliates, an irrevocable, perpetual, worldwide, unconditional, unrestricted, fully-paid, royalty-free, transferable, fully sublicenseable to multiple tiers of sublicensees, non-exclusive right and license (the “Tasha Nikora, PHA License”) to display, publicly perform, distribute (including, without limitation, through third-party Web sites, blogs, microblogs and other social networking media and Internet resources), store, transcode, host, cache, maintain, broadcast, webcast, podcast, transmit, distribute, tag, track, reproduce, edit, modify, format, re-format, link to and from, translate, delete, create derivative works, combine with other content, categorize, and/or otherwise use, reuse, assign, and/or otherwise exploit your User Submissions (or any portions or derivative works thereof) and any names, likenesses, voices, images, digital recordings, performances, and other ideas, concepts, feedback and other materials included in your User Submissions, in any manner, medium or content delivery technology now known or hereinafter devised, for any purpose, as determined solely in Tasha Nikora, PHA’s (or its authorized designees/licensees’) sole discretion, without the requirement for any compensation to you or anyone else, or the need to require additional consent from you or anyone else, or the need to provide prior notification or any credit to you or anyone else. The Tasha Nikora, PHA License shall survive in perpetuity in accordance with its terms regardless of whether you stop using the Site or Tasha Nikora, PHA terminates your access to the Site. NOTHING CONTAINED HEREIN SHALL BE DEEMED TO TRANSFER TO Tasha Nikora, PHA OR TO ANY OF ITS AFFILIATES ANY OWNERSHIP RIGHTS IN AND TO YOUR USER SUBMISSIONS, PROVIDED, HOWEVER,
THAT Tasha Nikora, PHA AND/OR ITS AFFILIATES AND/OR ITS LICENSORS WILL RETAIN SOLE AND EXCLUSIVE OWNERSHIP OF ANY OF THE Tasha Nikora, PHA LICENSED ASSETS (IF ANY) INCLUDED IN YOUR USER SUBMISSIONS. EVEN THOUGH BY SUBMITTING YOUR USER SUBMISSIONS YOU ARE GRANTING TO Tasha Nikora, PHA THE BROAD RIGHTS AND LICENSES SET FORTH ABOVE, YOU ACKNOWLEDGE AND UNDERSTAND THAT NOTHING CONTAINED HEREIN SHALL OBLIGATE Tasha Nikora, PHA AND/OR ANY OF ITS AFFILIATES TO HOST, DISTRIBUTE, DISPLAY OR OTHERWISE EXPLOIT ANY OF YOUR USER SUBMISSIONS OR EXERCISE ANY OTHER RIGHTS UNDER THE Tasha Nikora, PHA LICENSE. You acknowledge and agree that: (i) you have no expectation of confidentiality of any nature with respect to any of your User Submissions, and (ii) Tasha Nikora, PHA and/or any of its affiliates may already have projects under consideration that are similar to your User Submissions or may independently develop projects that are similar to your User Submissions, or other User Submissions transmitted by other users of the Site may be similar or the same as your User Submissions. Because of the viral nature of social media, you should not submit any content or information to Tasha Nikora, PHA that you do not want to be viewed by others. In connection with all of the User Submissions you Submit to the Site, and any other activities that you conduct on the Site, you represent, warrant and covenant that: (i) the User Submissions are original to you (in other words, that you own all rights in and to your User Submissions) or, alternatively, that you have acquired all necessary rights in your User Submissions to enable you to grant to Tasha Nikora, PHA the Tasha Nikora, PHA License; (ii) you have paid or satisfied and will pay or satisfy in full all license fees, clearance fees, royalties, and any other financial or third party obligations of any kind, if any, arising from any use or exploitation of your User Submissions, and Tasha Nikora, PHA will not be responsible for such obligations; (iii) your User Submissions do not infringe the intellectual property rights, privacy rights, publicity rights, or any other legal or moral rights of any third party; (iv) neither your User Submissions, nor any of the other activities that you undertake on the Site, are or will at any time be: defamatory or disparaging of any individual or entity, unlawful, pornographic, obscene, threatening, vulgar, indecent, profane, hateful, sexually explicit or sexually suggestive, intended to bully or harass or stalk, or resulting in bullying, harassing, or stalking, racially or ethnically or culturally offensive, or otherwise objectionable or encouraging of criminal conduct, or giving rise, or potentially giving rise, to civil or criminal liability, or linking to infringing or unauthorized content, or transmitting unsolicited advertising materials, or intended to result in, or resulting in, any mental or physical distress or injury to any person, violative of any Applicable laws or these TOS; and (iv) your User Submissions are not intended by you to benefit any commercial enterprise associated with you or any third party. You agree to keep all records necessary to establish that your User Submissions do not violate any of the foregoing representations and warranties and to make such records available to Tasha Nikora, PHA upon Tasha Nikora, PHA’s request. Tasha Nikora, PHA is not responsible for any loss, theft or damage of any kind to any User Submissions.
You acknowledge that Tasha Nikora, PHA does not as a matter of its ordinary practice pre-screen any User Submissions submitted by you or other users of the Site but that Tasha Nikora, PHA (and/or any of its authorized designees) has the right to and may pre-screen or review after initial submission any of the User Submissions for a variety of reasons, including, without limitation, for compliance with these TOS or Applicable laws, or if otherwise desired or necessary, as determined by Tasha Nikora, PHA in its sole discretion. Tasha Nikora, PHA shall have the right in its sole discretion to refuse, remove, edit, or disable any of your User Submissions (and/or any other Site users’ User Submissions) that violate these TOS or are otherwise objectionable, as determined by Tasha Nikora, PHA in its sole discretion, as well as terminate your and/or any Site user’s continued access to and/or other use of the Site (including, without limitation, access to and/or use of any of the Services, features or functionality available on or through the Site). Tasha Nikora, PHA does not control or endorse any User Submissions, and any User Submissions submitted to the Site do not reflect the opinions, views or policies of Tasha Nikora, PHA or any of its affiliates. Tasha Nikora, PHA disclaims any and all liability in connection with any and all User Submissions, and you agree to waive any legal or equitable rights or remedies you may have against Tasha Nikora, PHA or any of its affiliates with respect to such User Submissions.
If you remove or delete any of your User Submissions from the Site, that User Submission will be removed from the Site within a reasonable period of time. Nonetheless, a User Submission that you remove may still be available to third parties who previously acquired the link to that User Submission and Tasha Nikora, PHA may maintain copies for archival purposes.
Tasha Nikora, PHA reserves the right to display advertisements in connection with your User Submissions and to use your User Submissions to advertise and promote your User Submissions or the Site (in whole or in part). You acknowledge and agree that you have no moral rights in connection therewith and no right or interest in any of the revenue generated from such advertisements.
These provisions shall remain in full force and effect in perpetuity notwithstanding any termination of your use of the Site.
THIRD PARTY LINKS
Tasha Nikora, PHA sites may link to and/or contain advertisements about non-Tasha Nikora, PHA owned or controlled Web sites or other Internet resources. You acknowledge and understand that Tasha Nikora, PHA does not endorse or sponsor such other third party Web sites or other Internet resources and Tasha Nikora, PHA EXPRESSLY AND SPECIFICALLY DISCLAIMS ANY RESPONSIBILITY AND LIABILITY FOR ANY CONTENT, SOFTWARE, FUNCTIONALITY, SERVICES OR ADVERTISED PRODUCTS OR SERVICES FOUND ON OR RELATED TO ANY SUCH THIRD PARTY WEB SITE OR OTHER INTERNET RESOURCES.
NO MEDICAL ADVICE
While the information on the Site was prepared to provide accurate information regarding topics related to general and specific health issues, the information contained in the Site is made available with the express understanding that neither Tasha Nikora, PHA and/or the other experts on the Site, nor the Site itself, nor members of the Site are dispensing medical advice and do not intend any of this information to be used for self diagnosis or treatment. IF YOU HAVE ANY QUESTIONS OR CONCERNS ABOUT YOUR HEALTH AND BEFORE STARTING OR STOPPING ANY TREATMENT OR ACTING UPON INFORMATION CONTAINED ON THE SITE, YOU SHOULD CONTACT YOUR OWN PHYSICIAN OR HEALTH CARE PROVIDER. DISCLAIMER OF WARRANTIES
YOU EXPRESSLY AGREE THAT YOUR USE OF THE SITE IS AT YOUR SOLE RISK. THE SITE (AND ANY PORTION OF THE SITE) IS PROVIDED “AS IS” “WITH ALL FAULTS” AND “AS AVAILABLE.” TO THE FULLEST EXTENT PERMITTED BY LAW, Tasha Nikora, PHA AND ITS AFFILIATES EXPRESSLY DISCLAIM ANY AND ALL WARRANTIES OF ANY KIND, WHETHER EXPRESS OR IMPLIED (INCLUDING, WITHOUT LIMITATION, THE IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR USE OR PURPOSE AND NON-INFRINGEMENT). Neither Tasha Nikora, PHA nor any of its affiliates make any warranties or representations about the accuracy or completeness of content available on or through the Site or the content of any Web sites, Personal Social Media or other Internet resources linked to the Site and assume no liability or responsibility for any: (i) errors, mistakes, or inaccuracies of content; (ii) personal injury or property damage, of any nature whatsoever, resulting from your access to or use of the Site (or any parts thereof); (iii) any unauthorized access to or use of Tasha Nikora, PHA’s secure servers and/or any and all personal information stored therein; (iv) any interruption or cessation of transmission to or from the Site; (v) any bugs, viruses, Trojan horses, or the like which may be transmitted to or through the Site (or any parts thereof) by any third party; and/or (vi) for any loss or damage of any kind incurred as a result of the use of any User Submissions and/or other Site content posted, shared, forwarded, emailed, transmitted, or otherwise made available on or through the Site and/or otherwise through your or any other Site users’ exercise of any rights under any of the Licenses granted by Tasha Nikora, PHA herein. Tasha Nikora, PHA reserves the right, in its sole and exclusive discretion, to change, modify, add, remove or disable access without notice to any portion of the Site (including, without limitation any of the Site Services).
LIMITATION OF LIABILITY
YOU UNDERSTAND THAT TO THE EXTENT PERMITTED UNDER APPLICABLE LAWS, IN NO EVENT WILL Tasha Nikora, PHA OR ANY OF ITS AFFILIATES OR ANY OF THEIR RESPECTIVE OFFICERS, EMPLOYEES, DIRECTORS, SHAREHOLDERS, AGENTS, OR LICENSORS BE LIABLE TO YOU OR ANYONE ELSE UNDER ANY THEORY OF LIABILITY (WHETHER IN CONTRACT, TORT, STATUTORY, OR OTHERWISE) FOR ANY INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL OR EXEMPLARY DAMAGES, INCLUDING BUT NOT LIMITED TO, DAMAGES FOR LOSS OF REVENUES, PROFITS, GOODWILL, USE, DATA OR OTHER INTANGIBLE LOSSES (EVEN IF SUCH PARTIES WERE ADVISED OF, KNEW OF OR SHOULD HAVE KNOWN OF THE POSSIBILITY OF SUCH DAMAGES), RESULTING FROM YOUR USE (OR THE USE OF ANYONE USING AN
ACCOUNT REGISTERED TO YOU) OF THE SITE OR ANY PARTS THEREOF.
EXCLUSIONS AND LIMITATIONS
Some jurisdictions do not allow the exclusion of certain warranties or the limitation or exclusion of liability for incidental or consequential damages. Accordingly, some of the above limitations and disclaimers may not apply to you. To the extent Tasha Nikora, PHA may not, as a matter of applicable law, disclaim any implied warranty or limit its liabilities, the scope and duration of such warranty and the extent of Tasha Nikora, PHA’s liability shall be the minimum permitted under such applicable law.
INDEMNIFICATION
You agree to indemnify and hold harmless Tasha Nikora, PHA and its affiliates and its and their respective officers, directors, employees, representatives, licensees, authorized designees, successors and assigns from any and all claims, liabilities, damages, losses, costs, expenses, fees (including reasonable attorneys’ fees and costs) that such parties may incur as a result of or arising from (i) any of your User Submissions, (ii) your exercise of any of your rights granted under the Licenses without your compliance with your responsibilities set forth in these TOS, (iii) the breach of any of your warranties, representations, covenants, responsibilities or other obligations set forth in these TOS, (iv) your violation of any person’s intellectual property, privacy, publicity or other right, (v) the violation of any Applicable Laws and/or these TOS by you and/or anyone using your registered account to access and/or otherwise use the Site (in whole or in part), or (v) your willful misconduct or the willful misconduct of anyone accessing the Site through your registered account, in connection with your (and/or such other person’s) use of the Site (in whole or in part). Tasha Nikora, PHA reserves the right to assume the exclusive defense and control of any matter otherwise subject to indemnification by you, in which event you will cooperate with Tasha Nikora, PHA in asserting any available defenses. This provision shall remain in full force and effect notwithstanding any termination of your use of the Site.
COPYRIGHT INFRINGEMENT NOTIFICATION; DESIGNATED COPYRIGHT AGENT
Tasha Nikora, PHA respects the intellectual property rights of others. Upon proper notice, Tasha Nikora, PHA will remove User Submissions (and any other Site content) that violate copyright law. If you believe a work has been copied in a way that constitutes copyright infringement, please send Tasha Nikora, PHA’s copyright agent, at the address set forth below, a notification of claimed infringement (an “Infringement Notification”) that contains all the following information: (i) identification of the copyrighted work claimed to have been infringed; (ii) identification of the claimed infringing material and information reasonably sufficient to permit Tasha Nikora, PHA to locate the material on the Site; (iii) information reasonably sufficient to permit Tasha Nikora, PHA to contact you, such as an address, telephone number, and, if available, an e-mail address; (iv) a statement by you that you have a good faith belief that the disputed use is not authorized by the copyright owner, its agent, or the law; (v) a statement by you, made under penalty of perjury, that the above information in your notification is accurate and that you are the copyright owner or authorized to act on the copyright owner’s behalf; and (vi) your physical or electronic signature.
By submitting an Infringement Notification, you acknowledge and agree that Tasha Nikora, PHA may forward your Infringement Notification and any related communications to any users who posted the material identified in such notice.
If you believe that your User Submission has been wrongfully removed from the Site, you may send Tasha Nikora, PHA a counter notification. Your counter notification, to be effective, must be in writing, sent to Tasha Nikora, PHA’s address above, and include substantially the following information: (i) your physical or electronic signature; (ii) identification of the material that has been removed or to which access has been disabled and the location where the material previously appeared on the Site; (iii) a statement under penalty of perjury that you have a good faith belief that the material was removed or disabled as a result of mistake or misidentification of the material to be removed or disabled; By submitting a counter notification, you acknowledge and agree that Tasha Nikora, PHA may forward your counter notification and any related communications to the person who submitted the original Infringement Notification that resulted in the removal of your User Submission or to other third parties.
GRIEVANCES
I understand that, since The Association is protected by the First and Fourteenth Amendments to the U.S. Constitution, it is outside the jurisdiction and authority of Federal and State Agencies and Authorities concerning any and all complaints or grievances against The Association, any Trustee(s), members or other staff persons. All rights of complaints or grievances will be settled by an Association designee, committee, or tribunal and will be waived by the member for the benefit of The Association and its members. NOTWITHSTANDING ANYTHING TO THE CONTRARY HEREIN, YOU HEREBY IRREVOCABLY WAIVE ANY RIGHT OR REMEDY TO SEEK AND/OR OBTAIN INJUNCTIVE OR OTHER EQUITABLE RELIEF OR ANY ORDER WITH RESPECT TO, AND/OR TO ENJOIN OR RESTRAIN OR OTHERWISE IMPAIR IN ANY MANNER, THE PRODUCTION, DISTRIBUTION, EXHIBITION OR OTHER EXPLOITATION OF ANY MOTION PICTURE, PRODUCTION OR PROJECT RELATED TO Tasha Nikora, PHA OR ANY OF ITS AFFILIATES, OR THE USE, PUBLICATION OR DISSEMINATION OF ANY ADVERTISING IN CONNECTION WITH SUCH MOTION PICTURE, PRODUCTION OR PROJECT.
This provision shall remain in full force and effect notwithstanding any termination of your use of the Site.
TERMINATION
You understand and agree that Tasha Nikora, PHA may, in its sole discretion and at any time, terminate or temporarily suspend your rights under any of the Licenses and otherwise your access to the Site, and discard, remove, and/or disable or deactivate any or all of your User Submissions that you Submitted to the Site (and/or any other User Submissions) and/or any other information and data that you (and/or anyone else) may have provided to the Site, for any reason. Tasha Nikora, PHA may also, in its sole discretion and at any time, discontinue the Site or any parts thereof or limit or restrict any user access thereto, for any reason, with or without notice. YOU UNDERSTAND AND AGREE THAT Tasha Nikora, PHA MAY TAKE ANY ONE OR MORE OF THESE ACTIONS WITHOUT ANY NOTICE TO YOU, PRIOR OR OTHERWISE, AND YOU UNDERSTAND AND AGREE THAT NEITHER Tasha Nikora, PHA NOR ANY OF ITS AFFILIATES SHALL HAVE ANY LIABILITY TO YOU OR ANY OTHER PERSON FOR ANY TERMINATION OF YOUR (OR ANYONE ELSE’S) ACCESS TO SITE OR PARTS THEREOF AND/OR THE REMOVAL, DISCARDING, DISABLING OR DEACTIVATION OF ANY OF YOUR USER SUBMISSIONS (OR THE USER SUBMISSIONS OF ANYONE ELSE) OR THE REMOVAL, DISCARDING, DISABLING OR DEACTIVATION OF ANY OTHER INFORMATION OR DATA THAT YOU (OR ANYONE ELSE) MAY HAVE PROVIDED ON OR THROUGH THE SITE. You may discontinue your access to, use or participation on the Site at any time.
CHANGES IN SITE OWNERSHIP
You will be deemed to have consented to the disclosure to, and use by, a subsequent owner or operator of the Site, of any information about you contained in the applicable Tasha Nikora, PHA database, to the extent Tasha Nikora, PHA assigns its rights and obligations regarding such information in connection with a merger, acquisition, or sale of all or substantially all of Tasha Nikora, PHA’s assets, or in connection with a merger, acquisition or sale of all or substantially all of the assets related to this particular Site to a subsequent owner or operator. In the event of such a merger, acquisition, or sale, your continued use of the Site signifies your agreement to be bound by the terms of use and privacy statement of the Site’s subsequent owner or operator.
Without limiting the foregoing, neither the Company nor any of the company's provider makes any representation or warranty of any kind, express or implied: (i) as to the operation or availability of the Service, or the information, content, and materials or products included thereon; (ii) that the Service will be uninterrupted or error-free; (iii) as to the accuracy, reliability, or currency of any information or content provided through the Service; or (iv) that the Service, its servers, the content, or e-mails sent from or on behalf of the Company are free of viruses, scripts, trojan horses, worms, malware, timebombs or other harmful components.
Some jurisdictions do not allow the exclusion of certain types of warranties or limitations on applicable statutory rights of a consumer, so some or all of the above exclusions and limitations may not apply to You. But in such a case the exclusions and limitations set forth in this section shall be applied to the greatest extent enforceable under applicable law.
By continuing to access or use Our Service after those revisions become effective, You agree to be bound by the revised terms. If You do not agree to the new terms, in whole or in part, please stop using the website and the Service.
If you have any questions about these Terms and Conditions, You can contact us:
By email: Hello@TashaNikora.com