The terms and conditions set forth below (the "Terms") are a legal
contract between you and Nosrati Marketing & Management, Inc. ("Nosrati
Marketing & Management", "we" or "us")
and govern your access to, and use of, the Nosrati Marketing & Management
website located at https://theessential.app/, together with the software and
services available through this website (collectively,
the "Site"), Nosrati Marketing & Management’s mobile device
applications (the "Apps"), and coaching services (collectively, the
"Services"). If you do not agree with any of
these Terms, do not access or otherwise use the Services or any information
contained on the Services. Your use of the Services shall be deemed to be your
agreement to abide by each of the Terms set forth below.
Nosrati Marketing & Management may make changes to the content and
services offered on the Services at any time. Nosrati Marketing & Management
can change these Terms at any time by posting
updated terms of use on this Site and by sending registered users an email
notice of the changes. If any modification is unacceptable to you, you shall
cease using the Services. If you do not cease using the
Services, you will be deemed to have accepted the change.
1. Registration
By registering to use the Services, you warrant that: (i) you will provide
Nosrati Marketing & Management with accurate, current and complete
registration information; (ii) you will maintain and promptly
update any registration information you provide to Nosrati Marketing &
Management; and (iii) you are not under the age of 18.
2. General Use Restrictions
Nosrati Marketing & Management provides personal development, goals
setting, life coaching and personal management tools, applications and services
on and through the Services, including content, logos,
graphics and images (together, the "Materials"). These Materials are
made available to you by Nosrati Marketing & Management and are the
copyrighted and/or trademarked work of Nosrati Marketing
& Management or Nosrati Marketing & Management's contributors.
Nosrati Marketing & Management grants you a limited, personal, non-
exclusive and non-transferable license to use and to display and to make one
copy of the Materials and to use the Services solely
for your personal use. Except for the license set forth in the preceding
sentence above, you acknowledge and agree that you have no right to modify,
edit, copy, reproduce, create derivative works of, reverse
engineer, alter, enhance or in any way exploit any of the Materials in any
manner. This limited license terminates automatically, without notice to you, if
you breach any of these Terms. Upon termination of
this limited license, you agree to immediately destroy any downloaded or printed
Materials. Except as stated herein, you acknowledge that you have no right,
title or interest in or to the Services or any Materials.
3. Your Content
You warrant that you have all rights to any content that you submit or
upload to the Services ("Your Content"). You hereby grant to Nosrati
Marketing & Management a non-exclusive license to
use Your Content to provide you with the services and the functionality on the
Services.
4. Password Restricted Areas of this
Site
You may need a password to login to the Services and to use certain
functions and areas within the Services. You are responsible for maintaining the
confidentiality of your password and account, and you
agree to notify Nosrati Marketing & Management if your password is lost,
stolen, or disclosed to an unauthorized third party, or otherwise may have been
compromised. You are responsible for all activities
that occur under your account. You agree to immediately notify Nosrati Marketing
& Management of any unauthorized use of your account or any other breach of
security in relation to the Services known to
you.
5. Payment
By signing up for one of Nosrati Marketing & Management’s subscription
plans (a "Subscription"), you are expressly agreeing that Nosrati
Marketing & Management may bill you the applicable
fees, any applicable tax and any other charges you may incur with Nosrati
Marketing & Management in connection with your use of the Services.
Subscriptions purchased through an App will be billed through
your App Store or Google Play account and according to their respective payment
terms and conditions. Subscriptions and other services purchased through the
Site will be billed to the credit card or PayPal account
you provide. All payments will be made in accordance with the billing terms in
effect at the time a fee or charge is due and payable and, as applicable, the
type of payment plan you have selected. If payment
is not received or cannot be charged to your preferred payment method for any
reason in advance of the applicable period, Nosrati Marketing & Management
reserves the right to either suspend or terminate
your access to the Services and terminate these Terms.
Your Subscription will be billed in advance and will auto-renew until
you cancel or change your Subscription plan. If you cancel your Subscription,
Nosrati Marketing & Management will not refund
any fees paid for the current Subscription period. If you change your
Subscription plan after you have already paid for a Subscription period, your
payment under your new Subscription plan will be adjusted to
account for your earlier payment, with Nosrati Marketing & Management either
crediting your account or requiring additional payment. Coaching service fees
for completed coaching sessions are not refundable.
6. Electronic Communications
By using the Services, you consent to receiving electronic communications
from Nosrati Marketing & Management. These electronic communications may
include notices about applicable fees and charges,
transactional information and other information concerning or related to our
Services. These electronic communications are part of your relationship with
Nosrati Marketing & Management and you receive them
as part of your Subscription to the Services. You agree that any notices,
agreements, disclosures or other communications that we send you electronically
will satisfy any legal communication requirements, including
that such communications be in writing.
7. Privacy Policy
Your use of the Services is governed by the Nosrati Marketing &
Management Privacy Policy, which is available at https://theessential.app/privacy-policy.html
(the "Privacy Policy").
8. Third Party Content
Certain information and other content may be the material of third party
licensors and suppliers to Nosrati Marketing & Management ("Third Party
Content"). The Third Party Content is, in each
case, the copyrighted and/or trademarked work of the creator/licensor. You agree
to only display the Third Party Content on your personal computer or mobile
device solely for your personal use. You acknowledge
and agree that you have no right to download, cache, reproduce, modify, display
(except as set forth in this paragraph), edit, alter or enhance any of the Third
Party Content in any manner unless you have permission
from the owner of the Third Party Content. Nosrati Marketing & Management
DISCLAIMS ALL EXPRESS, IMPLIED AND STATUTORY WARRANTIES AND CONDITIONS WITH
REGARD TO THIRD PARTY CONTENT, INCLUDING, BUT NOT LIMITED
TO, ALL IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE
AND NON-INFRINGEMENT.
9. Links to Third Party Sites
The Services and the emails we send you may link to other sites that are
not Nosrati Marketing & Management sites. Nosrati Marketing & Management
is providing these links and complementary products
and services to you only as a convenience, and Nosrati Marketing &
Management is not responsible for such linked sites and their offerings,
including, without limitation, the content or links displayed on
such sites. Any purchase you make on a third-party site is your responsibility.
10. Content Uploaded to the Site
Your Content will only be used as set forth in these Terms and the Privacy
Policy and will not be shared with any third parties other than as set forth in
these Terms and the Privacy Policy.
As
part of our Services, you may elect to "share" certain parts of your
non- public or personally identifiable information with specific persons. If you
elect to share your non-public or personally identifiable
information with specific persons, we will ask for that third party's email
address and we will only use their email address to send them or provide them
with access to your non-public or personally identifiable
information that you have specified. Once you invite other users to access and
share your data, they will be able to see and change the personal information
you choose to share with them.
11. Unauthorized Activities
Unauthorized use of any Materials or Third Party Content contained on the
Services may violate certain laws and regulations. You agree to indemnify and
hold Nosrati Marketing & Management and its officers,
directors, employees, affiliates, agents, licensors, and business partners
harmless from and against any and all costs, damages, liabilities, and expenses
(including attorneys' fees and costs of defense)
Nosrati Marketing & Management or any other indemnified party suffers in
relation to, arising from, or for the purpose of avoiding, any claim or demand
from a third party that your use of the Services, or
the use of the Services by any person using your user name and/or password,
violates any applicable law or regulation, or the intellectual property rights
or other rights of any third party. Nosrati Marketing
& Management may report to law enforcement authorities any actions that may
be illegal, and any reports it receives of such conduct. When legally required
or at Nosrati Marketing & Management's discretion,
Nosrati Marketing & Management will cooperate with law enforcement agencies
in any investigation of alleged illegal activity on the Services.
12. Proprietary Rights
Nosrati Marketing & Management is a trademark of Nosrati Marketing
& Management in the UAE ( Dubai). Other trademarks, names and logos on the
Services are the property of their respective owners.
All content
appearing on or available through the Services, including documents, services,
site design, text, graphics, logos, images and icons, as well as the arrangement
thereof, are the sole property of Nosrati
Marketing & Management or its licensors. All rights not expressly granted
herein are reserved. Except as expressly authorized by these Terms, or as
otherwise required or limited by applicable law, any reproduction,
distribution, modification, retransmission, or publication of any copyrighted
material is strictly prohibited without the express written consent of the
copyright owner or licensor.
13. Copyright and Trademark
Infringements
Nosrati Marketing & Management respects the intellectual property
rights of others, and we ask you to do the same. Nosrati Marketing &
Management may, in appropriate circumstances and at our discretion,
terminate service and/or access to the Services for users who infringe the
intellectual property rights of others. If you believe that your work is the
subject of copyright infringement and/or trademark infringement
and appears on our Services, please provide Nosrati Marketing &
Management's designated agent the following information:
- A physical or electronic signature of a person authorized to act on behalf of the owner of an exclusive right that is allegedly infringed.
- Identification of the copyrighted and/or trademarked work claimed to have been infringed.
- Identification of the material that is claimed to be infringing or to be the subject of infringing activity and that is to be removed or access to which is to be disabled on the Services, and information reasonably sufficient to permit Nosrati Marketing & Management to locate the material.
- Information reasonably sufficient to permit Nosrati Marketing & Management to contact you as the complaining party, such as an address, telephone number, and an email address.
- A statement that you have a good faith belief that use of the material in the manner complained of is not authorized by the copyright and/or trademark owner, its agent, or the law.
- A statement that the information in the notification is accurate, and under penalty of perjury, that you are authorized to act on behalf of the owner of an exclusive right that is allegedly infringed.
Nosrati Marketing & Management's agent for notice of claims of copyright or trademark infringement on the Services can be reached as follows:
By mail:
Nosrati Marketing & Management
One Tower Sheikh Zayed Road Tecom
Office 3924
By e-mail: info@nosrati.ae
Please also note that for copyright infringements under Section 512(f) of the Copyright Act, any person who knowingly materially misrepresents that material or activity is infringing may be subject to liability.
14. Disclaimer of Warranties
Your use of the services is entirely at your sole risk. Nosrati Marketing
& Management, FOR ITSELF AND ITS LICENSORS, MAKES NO EXPRESS, IMPLIED OR
STATUTORY REPRESENTATIONS, WARRANTIES, OR GUARANTEES
IN CONNECTION WITH THE SERVICES, MATERIALS, OR THIRD PARTY CONTENT, RELATING TO
THE QUALITY, SUITABILITY, TRUTH, ACCURACY OR COMPLETENESS OF ANY INFORMATION OR
MATERIAL CONTAINED OR PRESENTED ON the services
AND/OR THE RESULTS OBTAINED FROM THE USE OF the services, INCLUDING WITHOUT
LIMITATION THE MATERIALS AND THE THIRD PARTY CONTENT. SPECIFICALLY, Nosrati
Marketing & Management MAKES NO EXPRESS OR IMPLIED
REPRESENTATION THAT THE USE OF THE SERVICES WILL RESULT IN YOUR ACHIEVEMENT OF
ANY GOALS OR PLANS. TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, THE
SERVICES, MATERIALS, THIRD PARTY CONTENT, AND ANY INFORMATION
OR MATERIAL CONTAINED OR PRESENTED ON THE SERVICES IS PROVIDED TO YOU ON AN
"AS IS," "AS AVAILABLE" AND "WHERE-IS" BASIS WITH
NO WARRANTY OF IMPLIED WARRANTY OF MERCHANTABILITY,
FITNESS FOR A PARTICULAR PURPOSE, OR NON-INFRINGEMENT OF THIRD PARTY RIGHTS.
Nosrati Marketing & Management DOES NOT PROVIDE ANY WARRANTIES AGAINST
VIRUSES, SPYWARE OR MALWARE THAT MAY BE INSTALLED ON YOUR
COMPUTER.
15. Limitation of Liability
Nosrati Marketing & Management SHALL NOT BE LIABLE TO YOU FOR ANY
DAMAGES RESULTING FROM YOUR DISPLAYING, COPYING, OR DOWNLOADING ANY MATERIAL OR
THIRD PARTY CONTENT TO OR FROM the services. IN NO EVENT
SHALL Nosrati Marketing & Management BE LIABLE TO YOU OR ANY THIRD PARTY FOR
ANY INDIRECT, EXTRAORDINARY, EXEMPLARY, PUNITIVE, SPECIAL, INCIDENTAL, OR
CONSEQUENTIAL DAMAGES (INCLUDING LOSS OF DATA, REVENUE,
PROFITS, USE OR OTHER ECONOMIC ADVANTAGE) ARISING OUT OF OR RELATING TO THE
SERVICES, EVEN IF Nosrati Marketing & Management KNOWS THERE IS A
POSSIBILITY OF SUCH DAMAGE.
16. Local Laws; Export Control
Nosrati Marketing & Management controls and operates the Services from
its headquarters in the UAE (Dubai), and the Materials and/or Third Party
Content may not be appropriate or available for use in
other locations. If you use the Services outside the UAE (Dubai), you are
responsible for following applicable local laws.
17. General
If you violate these Terms, Nosrati Marketing & Management may
terminate and/or suspend your access to the Services without notice. Nosrati
Marketing & Management has the right to terminate your
account for any reason. You may terminate your account at any time, provided
that any pre- paid fees will not be refunded. Once your account is cancelled,
you will not be able to access Your Content; however,
Nosrati Marketing & Management may retain Your Content for a period of up to
6 months before deleting it from the active system (except that some copies of
your information may be retained on archival or
backup media).
UEA (Dubai), without regard to the choice or conflicts of law
provisions, will govern these Terms. Any disputes relating to these Terms or the
Services will be heard in the courts located in UEA (Dubai),.
If any of these Terms is found to be inconsistent with applicable law, then such
term shall be interpreted to reflect the intentions of the parties, and no other
terms will be modified. Nosrati Marketing &
Management's failure to enforce any of these Terms is not a waiver of such
term. These Terms are the entire agreement between you and Nosrati Marketing
& Management and supersede all prior or contemporaneous
negotiations, discussions or agreements between you and Nosrati Marketing &
Management about the Services. The proprietary rights, disclaimer of warranties,
representations made by you, indemnities, limitations
of liability and general provisions shall survive any termination of these
Terms.
18. Questions
If you have any questions regarding this Terms, please contact us via email
at info@nosrati.ae