6. Responsibility of Website Visitors. Anahita Inc. has not reviewed, and cannot review, all of the material, including computer software, posted to the Website, and cannot therefore be responsible for that material’s content, use or effects. By operating the Website, Anahita Inc. does not represent or imply that it endorses the material there posted, or that it believes such material to be accurate, useful or non-harmful. You are responsible for taking precautions as necessary to protect yourself and your computer systems from viruses, worms, Trojan horses, and other harmful or destructive content. The Website may contain content that is offensive, indecent, or otherwise objectionable, as well as content containing technical inaccuracies, typographical mistakes, and other errors. The Website may also contain material that violates the privacy or publicity rights, or infringes the intellectual property and other proprietary rights, of third parties, or the downloading, copying or use of which is subject to additional terms and conditions, stated or unstated. Anahita Inc. disclaims any responsibility for any harm resulting from the use by visitors of the Website, or from any downloading by those visitors of content there posted.
8. Content Posted on Other Websites. We have not reviewed, and cannot review, all of the material, including computer software, made available through the websites and webpages to which https://anahitajoon.com links, and that link to https://anahitajoon.com. Anahita Inc. does not have any control over those non-Anahita Inc. websites and webpages, and is not responsible for their contents or their use. By linking to a non-Anahita Inc. website or webpage, Anahita Inc. does not represent or imply that it endorses such website or webpage. You are responsible for taking precautions as necessary to protect yourself and your computer systems from viruses, worms, Trojan horses, and other harmful or destructive content. Anahita Inc. disclaims any responsibility for any harm resulting from your use of non-Anahita Inc. websites and webpages.
9. Copyright Infringement and DMCA Policy. As Anahita Inc. asks others to respect its intellectual property rights, it respects the intellectual property rights of others. If you believe that material located on or linked to by https://www.anahitajoon.com violates your copyright, you are encouraged to notify Anahita joon Business in accordance with Digital Millennium Copyright Act (“DMCA”) Policy. Anahita Inc. will respond to all such notices, including as required or appropriate by removing the infringing material or disabling all links to the infringing material. Anahita Inc. will terminate a visitor’s access to and use of the Website if, under appropriate circumstances, the visitor is determined to be a repeat infringer of the copyrights or other intellectual property rights of Anahita Inc. or others. In the case of such termination, Anahita Inc. will have no obligation to provide a refund of any amounts previously paid to Anahita Inc.
10. Intellectual Property. This Agreement does not transfer from Anahita Inc. to you any Anahita Inc. or third party intellectual property, and all right, title and interest in and to such property will remain (as between the parties) solely with Anahita Inc. Anahita Inc., https://www.anahitajoon.com, the https://anahitajoon.com logo, and all other trademarks, service marks, graphics and logos used in connection with https://www.anahitajoon.com, or the Website are trademarks or registered trademarks of Anahita Inc. or Anahita Inc.’s licensors. Other trademarks, service marks, graphics and logos used in connection with the Website may be the trademarks of other third parties. Your use of the Website grants you no right or license to reproduce or otherwise use any Anahita Inc. or third-party trademarks.
12. Advertisements. Anahita Inc.reserves the right to display advertisements on your blog unless you have purchased an ad-free account.
13. Attribution. Anahita Inc. reserves the right to display attribution links such as ‘Blog at https://anahitajoon.com,’ theme author, and font attribution in your blog footer or toolbar.
14. Partner Products. By activating a partner product (e.g. theme) from one of our partners, you agree to that partner’s terms of service. You can opt out of their terms of service at any time by de-activating the partner product.
15. Domain Names. If you are registering a domain name, using or transferring a previously registered domain name, you acknowledge and agree that use of the domain name is also subject to the policies of the Internet Corporation for Assigned Names and Numbers (“ICANN”), including their Registration Rights and Responsibilities.
16. Changes. Anahita Inc. reserves the right, at its sole discretion, to modify or replace any part of this Agreement. It is your responsibility to check this Agreement periodically for changes. Your continued use of or access to the Website following the posting of any changes to this Agreement constitutes acceptance of those changes. Anahita Inc. may also, in the future, offer new services and/or features through the Website (including, the release of new tools and resources). Such new features and/or services shall be subject to the terms and conditions of this Agreement.
17. Termination. Anahita Inc. may terminate your access to all or any part of the Website at any time, with or without cause, with or without notice, effective immediately. If you wish to terminate this Agreement or your https://www.anahitajoon.com account (if you have one), you may simply discontinue using the Website. Notwithstanding the foregoing, if you have a paid services account, such account can only be terminated by Anahita Inc. if you materially breach this Agreement and fail to cure such breach within thirty (30) days from Anahita Inc.’s notice to you thereof; provided that, Anahita Inc. can terminate the Website immediately as part of a general shut down of our service. All provisions of this Agreement which by their nature should survive termination shall survive termination, including, without limitation, ownership provisions, warranty disclaimers, indemnity and limitations of liability.
18. Disclaimer of Warranties. The Website is provided “as is”. Anahita Inc. and its suppliers and licensors hereby disclaim all warranties of any kind, express or implied, including, without limitation, the warranties of merchantability, fitness for a particular purpose and non-infringement. Neither Anahita Inc. nor its suppliers and licensors, makes any warranty that the Website will be error free or that access thereto will be continuous or uninterrupted. You understand that you download from, or otherwise obtain content or services through, the Website at your own discretion and risk.
19. Use of Likeness. You agree and accept that Anahita Inc. is authorized to record, photograph, or otherwise capture Your likeness, voice, images, interviews, and statements made in connection with Your participation in the Program (except for private or semi-private coaching sessions) for Anahita Inc.’s own use. You hereby assign to Anahita Inc. all rights, title, and interest to have and to use, royalty free, any such likeness or portion of Your participation in the Program for advertising, marketing, documentary, informational, training, or any other lawful purpose.
20. Anahita Inc. Does Not Guarantee Results. Anahita Inc. is convinced You will derive great benefits from Your participation in the Program and is dedicated to helping You become as successful as You envision. However, Anahita Inc. does not guarantee or represent in any way that You or Your business will attain a certain level of sales, profits, earnings, or any other metric of success, either in the short-term or long-term. You and Your business’s success depends on many factors, including but not limited to Your personal motivation, Your time commitment, how effectively You implement the teachings taught in the Program, Your efficiency in following up on each phase of the Program. Your participation in this Program is an investment. None of the stories shared or examples used in Anahita Inc.’s materials, on its website, or during its calls or events is a guarantee of any particular result or success. Anahita Inc. disclaims any express or implied promise or representation other than those contained in this Agreement
21. Confidentiality. You agree and accept that Anahita Inc.’s methods, processes, and strategies taught in the Program are the sole and exclusive property of Anahita Inc. and constitute a confidential proprietary system that is protected by law, including but not limited to copyright, trademark, and trade secret law. Anahita Inc.’s system includes all materials associated with the Program and the related VIP Client Coaching Program, all business coaching strategies We teach, and all associated coaching advice. You agree not to duplicate, disseminate, distribute, or otherwise disclose any part for any reason to third parties unless such disclosure (i) is part of the Program, (ii) is required by valid legal process (whereby You agree and accept to provide prompt written notice of such legal process to Anahita Inc. so that We can take appropriate legal action to protect Anahita Inc.’s interests), or (iii) concerns matters or materials that have lawfully become part of the public domain. You further agree and accept that any violation of the terms of this Section 5 will cause substantial and irreparable harm to Anahita Inc. and that Anahita Inc. is entitled to seek any form of legal redress available, which may include injunctive relief and substantial damages.
22. Limitation of Liability. In no event will Anahita Inc., or its suppliers or licensors, be liable with respect to any subject matter of this agreement under any contract, negligence, strict liability or other legal or equitable theory for: (i) any special, incidental or consequential damages; (ii) the cost of procurement for substitute products or services; (iii) for interruption of use or loss or corruption of data; or (iv) for any amounts that exceed the fees paid by you to Anahita Inc. under this agreement during the twelve (12) month period prior to the cause of action. Anahita Inc. shall have no liability for any failure or delay due to matters beyond their reasonable control. The foregoing shall not apply to the extent prohibited by applicable law.
24. Indemnification. You agree to indemnify and hold harmless Anahita Inc., its contractors, and its licensors, and their respective directors, officers, employees and agents from and against any and all claims and expenses, including attorneys’ fees, arising out of your use of the Website, including but not limited to your violation of this Agreement.
25. Arbitration Agreement. Anahita Inc. and You each agree and accept that any dispute arising out of or related to this Agreement or the Program shall be submitted to binding arbitration and heard by a single arbitrator. Arbitration shall be conducted on an individual basis and not on a class, representative, or consolidated basis. By agreeing to binding arbitration, Anahita Inc. and You are each giving up the right to have any claims against the other that already exists or may exist in the future considered by a court or a jury. The arbitrator shall be provided by JAMS, which makes its rules and terms of arbitration available at www.jamsadr.com, and shall be selected by mutual agreement. Either Anahita Inc. or You may initiate arbitration by giving written notice of arbitration to the other and filing a demand for arbitration with JAMS. If an arbitrator is not selected within 30 days of the date the demand for arbitration is filed, then JAMS is authorized to select a neutral and independent arbitrator, which decision shall be final and conclusive. The arbitrator is authorized to issue any form of relief authorized by applicable law, including injunctive relief, declaratory relief, and damages. The prevailing party in any dispute shall be entitled to recover all costs and attorney’s fees incurred in connection with arbitration (including any costs and attorney’s fees incurred in court seeking to compel arbitration) to the fullest extent allowed by law. The arbitration shall be conducted in Maui, Hawaii, unless otherwise required by law.