Terms And Conditions
Welcome to www.drpernillanathan.com (the “Website”) operated by EquiPsy Performance L.L.C. (also referred to herein as “we”, “our”, and “us”). This page states the Terms and Conditions (the “Terms”) under which you may use this Website.
Please READ carefully. By accessing the Website and registering for any of the products sold (sometimes referred as Course) by EquiPsy L.L.C. (sometimes referred as drpernillanathan.com) you agree that you have read and understand these Terms and agree to abide by the Terms stated herein.
By purchasing products, you (sometimes referred as “Client”) agree to the terms outlined here in this document. Client agrees to abide by all policies and procedures outlines in this Agreement as a condition of their participation in any or all products.
We may revise these Terms and Conditions at any time by updating this posting and the Website at any time without notice to you, and you agree to be bound by such changes.
Section 1. Use of Material
The contents of the Website, such as text, graphics, images and other material ("Material") are protected by copyright under both United States and foreign laws. We authorize you to view the Material (defined below) available on the Website solely for your personal, noncommercial use. Unauthorized use of the Material may violate copyright, trademark, and other laws. All copyright and other proprietary notices contained in the Material must not be removed without our prior written consent. You may not sell or modify the Material or copy, reproduce, display, publicly perform, distribute, or otherwise use the Material in any way for any public or commercial purpose, without our prior written consent. The use of the Material on any other Website or in a networked computer environment for any purpose is prohibited, unless otherwise noted.
Special rules may apply to the use of certain software and other items provided by or licensed to us by third parties and made available on the Website. Any such special rules may be found on the website for such third party and we make no representations or warranties of any kind with respect to such third party software or items.
We reserve the right at any time and from time to time to modify or discontinue, temporarily or permanently, the Website (or any part thereof) with or without notice. You agree that we shall not be liable to you or any third party for any modification, suspension or discontinuance of the Website.
You may not systematically retrieve Material from the site to create or compile, directly or indirectly, a collection, compilation, database, or directory without written permission from us.
If you violate any of these Terms, your permission to use the Material automatically terminates and you must immediately destroy any copies you have made of the Material.
Section 2. Creating an Account
For your convenience, you may create an account on this Website (an “Account”). To protect your Account, you should choose a unique username and password that is not a name, birthday, street address, or other personal commonly known information associated with you. You are responsible for maintaining the confidentiality of your Account and password and for restricting access to your computer. You agree to accept responsibility for all activities that occur under your Account or password. You also agree to provide us with accurate, complete and current information, and to update information provided to us if and when such information should change. We reserve the right to cancel your Account for any reason at any time, in our sole discretion.
By creating an Account with us or by sending e-mails to us, you are communicating with us electronically. We will communicate with you by e-mail or by posting notices on this website. You consent to receive communications from us electronically. Further, you agree that all communications including but not limited to agreements, notices, disclosures and other communications that we provide to you electronically satisfy any legal requirement that such communications be in writing.
Section 3. Disclaimers and Liability
The Material may contain inaccuracies or typographical errors. We make no representations about the accuracy, reliability, completeness, or timeliness of the Material or about the results to be obtained from using the Website and/or the Material. The use of the Website and the Material is at your own risk. Changes are periodically made to the Website and may be made at any time.
We do not warrant that the Website will operate error-free or that this Website and its server are free of computer viruses and other harmful goods. If your use of the Website or the Material results in the need for servicing or replacing equipment or data, we are not responsible for those costs. We also assume no responsibility, and shall not be liable for, any damages to, or viruses that may infect, your computer equipment or other property on account of your access to, use of, or browsing the Website or your downloading of any materials, data, text, images, video, or audio from the Website.
The Website and Material are provided on an "as is" basis without any warranties of any kind. We disclaim all warranties, including the warranty of merchantability, non-infringement of third-parties rights, and the warranty of fitness for particular purpose to the fullest extent permitted by law. We make no warranties about the accuracy, reliability, completeness, or timeliness of the Material, services, software, text, graphics, and links.
Section 4. Disclaimer of Services
The Material and any information provided through this Website is for general informational purposes only and is not intended to constitute or substitute for (i) medical advice or counseling, (ii) the practice of medicine including but not limited to psychiatry, psychology, psychotherapy or the provision of health care diagnosis or treatment, (iii) the creation of a physician-patient or clinical relationship, or (iv) an endorsement, a recommendation or a sponsorship of any third party, product or service by us or any of our related companies, agents, employees, consultants or service providers. If you have or suspect that you have a medical problem, contact your health care provider promptly. Information and statements regarding dietary supplements available on this Website have not been evaluated by the Food and Drug Administration and are not intended to diagnose, treat, cure, or prevent any disease. You acknowledge and agree that you will consult with your physician if you have any questions or wish to seek advice regarding a medical condition, your diet, nutritional supplements, an exercise regimen or any other matter related to your health or general well-being.
We are not rendering any legal, financial, psychological, sports, health, nutritional, counseling services or advice by placing information on this Website. We assume no liability or responsibility for any errors or omissions in information on this site. Use of the information and Material provided by or on this Website only with the assistance of competent legal, financial, psychological, sports, health, nutritional, counseling and/or medical counsel.
Client understands that neither Dr. Pernilla Nathan, nor EquiPsy Performance L.L.C. has promised, nor shall be obligated to the following results:
- Success in sports, life, business, relationships, and academically.
- Provide assistance, as either coach or mentor, with consultations for future business contracts made by Client.
- Procure any publicity, social media exposure, interviews, write-ups, features, television, or print promotions for the Client.
Introduce Client to Dr. Pernilla Nathan’s full network of contacts, media, or business partners. Client understands that a relationship does not exist between the Parties after the conclusion of this program.
Section 5. Copyright Notice
EquiPsy Performance’s L.L.C. Programs are copyrighted and original materials that have been provided to Client are for Client's individual use only and a single-user license. Client is not authorized to use any of Company’s intellectual property for Client's business purposes. All intellectual property, including Company’s copyrighted program and/or course materials, shall remain the sole property of the EquiPsy Performance, L.L.C. No license to sell or distribute Company’s materials is granted or implied.
By purchasing this product, Client agrees (1) not to infringe any copyright, patent, trademark, trade secret, or other intellectual property rights, (2) that any Confidential Information shared by the Company is confidential and proprietary, and belongs solely and exclusively to the Company, (3) Client agrees not to disclose such information to any other person or use it in any manner other than in discussion with the Company. Further, by purchasing this product, Client agrees that if Client violates, or displays any likelihood of violating, any of Client’s Agreements contained in this paragraph, the Company will be entitled to injunctive relief to prohibit any such violations and to protect against the harm of such violations.
Section 6. Links to Other Sites
We have not necessarily evaluated the third-party products, services, or ideas posted or promoted on the Website, or the statements or claims made about them, and accepts no responsibility or liability in connection with them. Before making any purchase, you may want to seek more information from the marketer of the product, service, or idea, or from third parties including, but not limited to, a Better Business Bureau, federal or state regulatory authorities, or independent professionals.
Section 7. Submissions To Us
We will not be responsible for lost or damaged ideas, comments, concepts, suggestions or critiques for articles, ezines, products, books, downloads, products or other items submitted to or via this Website. Unless otherwise agreed to in writing, any submissions or ideas submitted to us become our sole property and you transfer and assign copyright privileges to us without limitation or financial obligation.
By posting communications to the Website, you automatically grant us, a royalty-free, perpetual, irrevocable nonexclusive license to use, reproduce, modify, publish, edit, translate, distribute, perform, and display the communication and/or elements thereof alone or as part of other works in any form, media, or technology whether now known or hereafter developed, and to sublicense such rights through multiple tiers of sublicensees. Submissions to or via the Website that do not request a confidential answer are considered to be non-confidential and automatically grant us permission to reproduce, distribute or otherwise use your submissions in our marketing, promotional, or advertising campaigns.
We do not represent or guarantee the accuracy or reliability of any communications posted by other users of the Website or endorse any opinions expressed by users of the Website. You acknowledge that any reliance on material posted by other users will be at your own risk.
Section 8. Limitation of Liability
In no event shall we, our affiliates, our members, directors, officers, managers, employees, shareholders, agents, participants, and licensors, or any third parties mentioned at this site be liable for any damages whatsoever (including, without limitation, incidental and consequential damages, lost profits, or damages, including reasonable attorneys' fees, resulting from lost data, lost opportunity, or business interruption) resulting from the use or inability to use the Website and the Material, whether based on warranty, contract, tort, or any other legal theory, and whether or not we are advised of the possibility of such damages.
In no event shall also the venue where the Programs are being held (if applicable) and any of its owners, executives, agents, or staff (sometimes referred to as “Releasees”) from any and all damages that may result from any claims arising from any Agreements, all actions, causes of action, contracts, claims, suits, costs, demands and damages of whatever nature or kind in law or in equity arising from my participation in the Programs. Client accepts any and all risks, foreseeable or unforeseeable.
You agree to use the Company’s services at your own risk and that this is only an educational service being provided. Client releases the Company, its officers, employees, directors, subsidiaries, principals, agents, heirs, executors, administrators, successors, assigns, Instructors, guides, staff, Participants, and related entities any way as well as the venue where the Programs are being held (if applicable) and any of its owners, executives, agents, or staff (sometimes referred to as “Releasees”) from any and all damages that may result from any claims arising from any Agreements, all actions, causes of action, contracts, claims, suits, costs, demands and damages of whatever nature or kind in law or in equity arising from my participation in the Programs. Client accepts any and all risks, foreseeable or unforeseeable. Client agrees that Company will not be held liable for any damages of any kind resulting or arising from including but not limited to; direct, indirect, incidental, special, negligent, consequential, or exemplary damages happening from the use or misuse of Company’s services or enrollment in the Program. Company assumes no responsibility for errors or omissions that may appear in any of the program materials.
Section 9. Indemnity
You, the Client agree to defend, indemnify, and hold harmless us and our associates, employees, related entities, trustees, affiliates, and agents, from and against any claims, actions or demands, including without limitation reasonable legal and accounting fees, alleging or resulting from your use of the Material or your breach of the terms of this Agreement.
The Client shall provide notice to us promptly of any such claim, suit, or proceeding and shall assist us, at your expense, in defending any such claim, suit or proceeding. We reserve the right to take over the exclusive defense of any claim for which we are entitled to indemnification under this Section. In such event, you shall provide us with such cooperation as is reasonably requested by us.
Section 10. Unsolicited Email (SPAM)
Unsolicited and/or commercial email (SPAM) is not permitted by the Website. You must immediately remove the domain name drpernillanathan.com from any mailing lists unless we have specifically requested to be on those lists. We reserve the right to prosecute under any applicable spam laws. Sending unsolicited email communication to any address containing the domain name, "petercrone.com," constitutes legal notice and acceptance of this policy. This is the only notice which violators will receive.
Section 11. Personal Information
EquiPsy Performance, L.L.C. respects Clients' privacy and insists that the Client respects ours as well. Thus, consider this a mutual non-disclosure Agreement. Any confidential information shared by EquiPsy Performance, LLC Participants or any representative of EquipPsy Performance, LLC is confidential, proprietary, and belongs solely and exclusively to the Client or representative who discloses it. Parties agree not to disclose, reveal, or make use of any confidential information or any transactions during discussions, in the forum or otherwise.
Client agrees not to use such confidential information in any manner other than in discussion with other Clients, or with Pernilla, during attendance of a program. Confidential information includes, but is not limited to, information disclosed in connection with this Agreement, and shall not include information rightfully obtained from a third party.
Both Parties will keep private information in strictest confidence and shall use their best efforts to safeguard the confidential information and to protect it against disclosure, misuse, espionage, loss, and theft.
Client agrees not to violate the Publicity or Privacy Rights belonging to EquiPsy Performance, L.L.C. Furthermore, Client will NOT reveal any information to a third party obtained in connection with this Agreement or our direct or indirect dealings with Client, including but not limited to, names, email addresses, third-party company titles or positions, phone numbers, or postal addresses. Additionally, Client will not, at any time, either directly or indirectly, disclose confidential information to any third party.
By purchasing our products, you agree that if you violate or display any likelihood of violating this Agreement, EquiPsy Performance, L.L.C. and/or the other program participant(s) will be entitled to injunctive relief to prohibit any such violations to protect against the harm of such violations.
Section 12. Removal From Mailing Lists
If you have asked to be added to our mailing list we may contact you concerning product orders, information you have requested, or new products, services or upcoming programs and events that may be of interest to you. If at any time you decide that you no longer wish to receive additional information from us, please follow the unsubscribe instructions on the messages you receive from us, or notify us by e-mail or phone, and your contact information will be removed from our mailing list.
Section 13. Force Majeure
In the event that any cause beyond the reasonable control of either Party, including without limitation acts of God, war, curtailment or interruption of transportation facilities, threats or acts of terrorism, State Department travel advisory, labor strike or civil disturbance, make it inadvisable, illegal, or impossible, either because of unreasonable increased costs or risk of injury, for either Company to perform its obligations under this Agreement, the Company’s performance shall be extended without liability for the period of delay or inability to perform due to such occurrence.
Section 14. Brand Names
“Dr. Pernilla Nathan” is a brand name and unregistered trademark of Pernilla Nathan. It may not be used in connection with any product or service in any manner without our prior written consent. All product names, designs, or logos in this Website whether or not appearing in different type or with the trademark symbol are trademarks of Pernilla Nathan or third parties who have granted us permission to incorporate such name, design, or logo into the Website.
Section 15. Services and Results
By accessing the Website and/or using the Material, you agree that the services and products provided by us, and the results obtained from our efforts and recommendations, are not guaranteed to improve performance, income, health, fitness or specific aspects of your life.
We do not guarantee that any portion of the Website or work which it performs or suggests to be implemented via its articles, classes, books, videos, newsletters, resources or any other information or the Material will increase performance, income, or specific aspects of life as a result of working with us.
By utilizing the Material, you acknowledge that your results will depend on variables and factors outside our control including, but not limited to: user motivation, user capabilities, user health and fitness, user compliance with our recommendations and suggestions, and other factors which neither party has control over.
Trust forms the core of the coaching relationship. We respect what you say, and will not repeat your material to anyone or to any entity. We maintain your privacy in all communications and we maintain safe and secure written records of your account. We do not disclose that you are a client if you do not want that known. If you are under the age of 18, we may speak with your parents to give them a general idea of what is covered in sessions for progress reports. We will consult with you and your parents about how much detail will be shared. We may also speak with your other coaches, or other people who can help you, for background information or for coaching collaboration, only with your advance permission. We will only share the coaching material with them that you direct us to share. If we see that you are engaging in at-risk, self-destructive behavior, we may intervene by securing appropriate assistance for you, starting with your parents, but we will consult you first.
In corporate coaching situations, the coach, the client and the client company agree at the outset of the coaching process as to what information will be shared with the company. We may give the client company updates on how coaching is progressing, but we do not share the details of what goes on in the coaching sessions.
Section 16. Online Purchases
When making a purchase via the Website you may be asked to supply certain personal information, including credit card, debit card, or other payment mechanism information. You agree that all information you provide in connection with such purchase will be accurate, complete, and current. You agree to pay all charges incurred by users of your credit card, debit card, or other payment mechanism at the prices in effect when such charges are incurred.
Client is responsible for the completion of all payment plans associated with purchases.
All payments will be by VISA, MasterCard, American Express, or by Electronic Debit. By purchasing products or services using this Website, you are giving us the authority to debit your credit card account/bank account for all fees owing. Any disputed debits will be exclusively dealt with under the policies and procedures of the particular credit card company. If the Client chooses to pay for products by monthly installments, he/she authorizes the monthly charges for the product on the Client’s credit card or debit card.
We reserve the right to seek recovery of any monies remaining unpaid via a Collection Agency.
Section 17. Refunds
With the exception of the Private one on one Coaching Sessions (see below), Clients may request a full refund within 30 days of your original purchase by contacting our support team at [email protected] and request the full refund. We will NOT provide refunds after 30 days from the date of original purchase. On the 31st day, all payments are non-refundable and you are responsible for full payment of the fees for the product, regardless of whether of not you complete the program.
Please note: If you opted for a payment plan and you do not request a refund within 30 days, you are required by law to complete the remaining payments of your payment plan. We reserve the right to seek recovery of any monies remaining unpaid via our Collection Agency.
For Clients of The ELEVATE COURSE, we do NOT offer refunds. Please visit our specific Terms & Conditions for this program:
Elevate Course: Terms & Conditions
All refunds are discretionary as determined by EquiPsy Performance, L.L.C. If you have any questions, contact us at [email protected].
As mentioned above, all refunds are discretionary. If you just downloaded the Training Material (PDFs, audios, videos, additional workbooks, and/or etc.), and then promptly asked for a refund, we reserve the right to deny your refund request. Why? Because the point of the policy is to give people the chance to try the system, and if it doesn't work, they can get their money back. It wasn't designed to enable people to steal the Training Material.
Section 18. Resolution of Disputes
If not resolved first by good-faith negotiation between the Parties, every controversy or dispute relating to this Agreement will be submitted to the American Arbitration Association. All claims against Company must be lodged within 100-days of the date of the first claim or otherwise be forfeited forever. The arbitration shall occur within ninety (90) days from the date of the initial arbitration demand. The Parties shall cooperate to ensure that the arbitration process is completed within the ninety (90) day period. The Parties shall cooperate in exchanging and expediting discovery as part of the arbitration process. The written decision of the arbitrators (which will provide for the payment of costs) will be absolutely binding and conclusive and not subject to judicial review and may be entered and enforced in any court of proper jurisdiction, either as a judgment of law or a decree in equity, as circumstances may indicate. In disputes involving unpaid balances on behalf of Client, Client is responsible for any and all arbitration and attorney fees.
Section 19. Equitable Relief
In the event that a dispute arises between the Parties for which monetary relief is inadequate and where a Party may suffer irreparable harm in the absence of an appropriate remedy, the injured Party may apply to any court of competent jurisdiction for equitable relief, including without limitation a temporary restraining order or injunction.
Section 20. Governing Law And Jurisdiction
All matters relating to your access to, or use of, this Website shall be governed by U.S. federal law or the laws of the State of Louisiana. Any legal action or proceeding relating to your access to, or use of, this website shall be instituted in a state or federal court in Louisiana.
Section 21. Termination
Company is committed to providing all Clients in the Program with a positive Program experience. By purchasing this product, Client agrees that the Company may, at its sole discretion, terminate this Agreement, and limit, suspend, or terminate Client's participation in the Program without refund or forgiveness of monthly payments if Client becomes disruptive to Company or Participants, Client fails to follow the Program guidelines, is difficult to work with, impairs the participation of the other Participants in the Program or upon violation of the terms as determined by Company. Client will still be liable to pay the total contract amount.
Section 22. General
We make no claims the Materials are appropriate or may be downloaded outside of the United States. Access to the Materials may not be legal by certain persons or in certain countries. If you access the Website from outside of the United States, you do so at your own risk and are responsible for compliance with the laws of your jurisdiction. If any provision of this Agreement is found to be invalid by any court having competent jurisdiction, the invalidity of such provision shall not affect the validity of the remaining provisions of this Agreement, which shall remain in full force and effect. No waiver of any term of this Agreement shall be deemed a further or continuing waiver of such term or other term. This Agreement constitutes the entire Agreement between you and us with respect to the use of Website.