Terms & Disclaimers
11-26-2023
Welcome to Being You, Man
These Terms of Service & Disclaimers (“Terms”) create a legal agreement between you (“you”) and Being You, Man [and parent organization Michael Sousa LLC] (“us,” “we,” “our,” and/or "Being You, Man") and apply to your use of our websites, products, services, and applications (collectively, the “Services”) and any music, videos, or other content or materials available through the Services, including text, graphics, data, articles, photos, images, illustrations, user contributions, and similar materials (collectively, the "Content").
Please review these terms attentively.
BEING YOU, MAN FUNCTIONS AS AN EDUCATIONAL RESOURCE AND OFFERS SUBCLINICAL SUPPORT TO ASSIST INDIVIDUALS IN UNDERSTANDING THEMSELVES BETTER, ALONG WITH THEIR THOUGHTS, EMOTIONS, AND RELATIONSHIPS. IT DOES NOT REPLACE PROFESSIONAL MEDICAL ADVICE OR TREATMENT. IN CASE OF AN EMERGENCY, CONTACT EMERGENCY SERVICES IMMEDIATELY. BY UTILIZING OUR SERVICES, YOU ACKNOWLEDGE THAT BEING YOU, MAN IS NOT EQUIVALENT TO PROFESSIONAL MEDICAL ADVICE OR CLINICAL MENTAL HEALTH SUPPORT.
BEING YOU, MAN DISCLAIMS ALL WARRANTIES AND REPRESENTATIONS REGARDING ITS SERVICES’ AVAILABILITY, SUITABILITY, LEGALITY, OR OTHER QUALITIES.
THE TERMS MANDATE THAT ANY DISPUTES BETWEEN YOU AND BEING YOU, MAN BE RESOLVED VIA INDIVIDUAL ARBITRATION. ALL DISPUTES LINKED TO YOUR USE OF THE SERVICES AND CONTENT WILL BE SETTLED FOLLOWING THESE ARBITRATION AND GOVERNING LAW PROVISIONS. BY ACCEPTING THESE TERMS, YOU FORGO THE RIGHT TO A JURY TRIAL OR TO BE PART OF A CLASS ACTION.
Your engagement with our Services and Content is governed by these Terms. By utilizing our Services, including but not limited to accessing or employing Being You, Man’s servers, services, websites, or related Content, you consent to these Terms. If you disagree with the Terms, you should refrain from using the Services or accessing any Content.
Being You, Man may modify these Terms at its discretion without prior notice. It is your responsibility to regularly check this page for updates. The date of the latest modification will be displayed at the start of the Terms. By continuing to use the Services or Content, you agree to adhere to any revised Terms.
Privacy Policy: Our Privacy Policy details how we handle personal data through these Services. We encourage you to read it thoroughly. By using the Services or accessing the Content, you permit Being You, Man to record your interactions with the Services or Content, including in individual and group sessions, prompts, and other digital or interactive formats.
Service Options: Descriptions of our Service options are available here, outlining the available services when you create a Being You, Man account. Certain services are free (“Free Services”), while others require payment (“Paid Services”).
Payments, Renewals, and Cancellations:
a) Paid Services can be purchased from Being You, Man or a third party by paying a subscription fee in advance on a monthly or other regular basis, or by pre-payment for a specific time period ("Pre-Paid Period").
b) We may alter the prices for Paid Services, including subscription fees and the Pre-Paid Period, with prior notice to you. These price changes will become effective at the start of the next subscription period following the price change announcement. By continuing to use the Service after the price change, you agree to the new price. If you disagree with the price change, you have the right to cancel the Paid Service before the new price is effective.
c) Unless purchased for a Pre-Paid Period, payments for Paid Services will renew automatically at the end of the current subscription period. You must cancel your Paid Service before the end of the current subscription period to avoid renewal. Cancellations should be made according to our cancellation policy; we do not provide refunds for partial subscription periods.
Age Restrictions: Persons under 17 are not permitted to download or use our Services or access any Content. Those aged 16 to 17 may use our Services or access Content only under the supervision of a parent or legal guardian who agrees to these Terms. Parents or legal guardians accepting these Terms for a minor are fully responsible for the minor’s use of the Services.
Legal Entities: If you use the Services or access Content on behalf of a legal entity, you confirm that you have the authority to agree to the Terms on behalf of that entity.
Mental and Medical Health Disclaimer: Being You, Man is not an alternative to professional medical care. Interactions with any Being You, Man Guide (“Experiential Guide”) or others using the Services do not constitute a physician-patient relationship or any fiduciary duty. If you need professional mental health care,
we strongly recommend seeking it outside of Being You, Man.
Guiding:
a) Registered users of Being You, Man’s guiding services may interact with a Being You, Man Guide. These Guides share success stories and assist users in achieving personalized goals/objectives. Interaction with Being You, Man Guides should only occur through approved services, which may include Discord, YouTube, and distributed free services/content. Being You, Man reserves the right to change or end your services without notice.
b) Being You, Man Guides do not provide diagnoses or treatments for mental health or medical conditions.
c) If applying to become a Being You, Man Guide, you agree to provide accurate information on the application and adhere to the terms of the Being You, Man Guiding Agreement.
Acceptable Use; Community Guidelines: Your use of the Services and Content must be lawful. This includes compliance with all applicable laws and regulations, avoiding harmful or illegal use, not exposing Being You, Man or others to liability, and not using the Services for unauthorized purposes.
Claims of Infringing Content: If you believe your copyrighted work is infringed on the Services, you can notify us by providing specific information to our copyright agent.
User Content: By using the Services or accessing any Content, you grant Being You, Man a non-exclusive, sublicensable license to use your User Content, as detailed in these Terms.
Limited Content License: Being You, Man grants you a limited, non-exclusive, revocable license to view or use the Content in connection with the Services, with all other rights reserved.
Third-Party Affiliates: Your use of third-party services accessed through our Services, such as Discord, Teachable, and Twitch, is at your own risk. Being You, Man is not responsible for these third-party services.
AS-IS WARRANTY; WARRANTY DISCLAIMERS: The Services and Content are provided "as is," with all warranties disclaimed. Being You, Man is not responsible for any harm resulting from the use of third-party websites and services.
Limitation of Liability: Being You, Man is not liable for any damages arising from your use of the Services, and your liability to Being You, Man is limited to $25.00 [Twenty-fived] U.S. Dollars.
Notices to You: Notices, including modifications to the Terms, will be communicated via email or by posting on our website or other Services.
Enforcement, No Waiver: Non-enforcement of any right or provision of the Terms does not constitute a waiver of future enforcement.
Assignment: The Terms may not be assigned or transferred by you without our consent. Being You, Man may assign or transfer the Terms without restriction.
Governing Law: Disputes related to the Terms will be governed by the laws of the Commonwealth of Massachusetts.
Arbitration: Disputes will be settled in Colorado via arbitration in accordance with rules, laws, and regulations of Larimer County.
Jury Trial Waiver, Class Action Waiver: You waive your right to a jury trial and participation in class actions against Being You, Man and it's parent organization Michael Sousa LLC in any circumstance by which you have accessed Free or Paid Services.
Termination: Being You, Man may terminate the Terms and disable your access to the Services under certain conditions without notice.
Severability: If any provision of the Terms is found invalid or unenforceable, the remaining provisions will remain in effect.
Headings: Headings are for convenience and do not affect the interpretation of the Terms.
Entire Agreement: The Terms constitute the entire agreement between you and Being You, Man.
Reservation of Rights: All rights not expressly granted to you are reserved.
Please email contact@beingyouman.com with all questions, concerns or comments about Terms & Disclaimers.
