Terms and Conditions

Last updated: January14, 2023

Welcome to Foojan. Please read these terms and conditions carefully before using our Service.

Interpretation and Definitions

Interpretation

The words of which the initial letter is capitalized have meanings defined under the following conditions. The following definitions shall have the same meaning regardless of whether they appear in singular or in plural.

Definitions

For the purposes of these Terms and Conditions:

Application means the software program provided by the Company downloaded by You on any electronic device, named foojan

Application Store means the digital distribution service operated and developed by Apple Inc. (Apple App Store) or Google Inc. (Google Play Store) in which the Application has been downloaded.

Affiliate means an entity that controls, is controlled by or is under common control with a party, where “control” means ownership of 50% or more of the shares, equity interest or other securities entitled to vote for election of directors or other managing authority.

Coach refers to certified coaches in Awareness Integration Theory (“AIT”) model presented on the website for you to choose if needed.  Coaches are not an employee nor are contracted with the company. Obtaining any type of services from the coaches are not part of the services of this company.

Country refers to: California, United States

Company (referred to as either “the Company”, “We”, “Us” or “Our” in this Agreement) refers to Foojan, Inc., 300 El Camino Real, Suite 216, San Clemente, CA. 92672.

Device means any device that can access the Service such as a computer, a cellphone or a digital tablet.

Service refers to the services offered on the www.Foojan.com website and/or Foojan Application.

Terms and Conditions (also referred as “Terms”) mean these Terms and Conditions that form the entire Agreement between You and the Company regarding the use of the Service. This Terms and Conditions Agreement has been created with the help of the Terms and Conditions Generator.

Therapist refers to certified therapists in AIT model presented on the website for you to choose if needed.  Therapists are not employees nor are they contracted with the Company. Obtaining any type of services from the Therapists is not part of the services of this Company.

Third-party Social Media Service means any services or content (including data, information, products, or services) provided by a third-party that may be displayed, included or made available by the Service.

You mean the individual accessing or using the Service, or the company, or other legal entity on behalf of which such individual is accessing or using the Service, as applicable.

Video refers to informative, skill building and instructional videos by a variety of experts featured on the company website. The content makers of videos (except Dr. Foojan Zeine) are not employee or representative of the Company.

Acknowledgment

These are the Terms and Conditions governing the use of this Service and the Agreement that operates between You and the Company. These Terms and Conditions set out the rights and obligations of all users regarding the use of the Service. 

Your access to and use of the Service is conditioned on Your acceptance of and compliance with these Terms and Conditions. These Terms and Conditions will take effect at the time you begin accessing the Company’s Service.  These Terms and Conditions apply to all visitors, users and others who access or use the Service.

By accessing or using the Service You agree to be bound by these Terms and Conditions. If You disagree with any part of these Terms and Conditions, then You must not access the Service.  The Company reserves the right, with or without notice, at any time and for any reason to deny You access to the Service, and to terminate these Terms and Conditions. You may terminate these Terms and Conditions at any time by ceasing to use the Company Website, or Application, but all applicable provisions of these Terms and Conditions will survive such termination.

You represent that you are over the age of 18. The Company does not permit those under 18 to use the Service. You hereby confirm that you are legally able to consent to receive Services.

YOU MUST IMMEDIATELY CALL YOUR LOCAL EMERGENCY SERVICES NUMBER AND NOTIFY THE APPROPRIATE AUTHORITIES IF YOU ARE CONSIDERING SUICIDE, IF YOU ARE CONSIDERING HARMING YOURSELF OR OTHERS, OR IF YOU HAVE ANY MEDICAL EMERGENCY. THE SERVICE IS NOT INTENDED FOR USE IN ANY OF THE SCENARIOS MENTIONED ABOVE, AND IT CANNOT OFFER THE NECESSARY ASSISTANCE.

DO NOT DISREGARD, AVOID, OR DELAY SEEKING IN-PERSON CARE FROM YOUR DOCTOR, PSYCHIATRIST, PSYCHOTHERAPIST, OR QUALIFIED PROFESSIONALS DUE TO RECEIVING INFORMATION OR ADVICE THROUGH THE SERVICE.

The Company’s Privacy Policy must be accepted and followed in order for you to access and use the Service. When you use the Application or the Website, we may collect, use, and disclose information about you. Our Privacy Policy explains our policies and processes in this regard and informs you of Your privacy rights and the legal safeguards that apply to them. READ OUR PRIVACY POLICY CAREFULLY BEFORE USING OUR SERVICE.

Intellectual Property

You hereby expressly acknowledge that the Company or its licensors own all legal right, title and interest to the Website and Services. The Company reserves all rights not expressly granted in and to the Service. Except as otherwise required or limited by applicable law, any reproduction, distribution, modification, retransmission, publication or other commercial use of any copyrighted material is strictly prohibited without Our express written consent or the express written consent of the copyright owner or licensor.

Trademarks

The names of actual companies and products mentioned herein may be the trademarks of their respective owners.  Any rights not expressly granted herein are reserved.

Third Party Content

The Company’s website and its services may include third party produced content, products, or services (“Third Party Content”), connections to Third Party Content (including, but not limited to, links to other websites), and advertisements about Third Party Content. Any such Third-Party Content, including but not limited to any associated products, practices, conditions, or policies, is not our responsibility. We disclaim all responsibility for any harm or loss brought on by any such Third-Party Content.

The Company disclaims all liability and has no control over third-party websites or services, including their content, privacy policies, or practices. You further acknowledge and agree that the Company shall not be responsible or liable, directly or indirectly, for any injury or damage resulting from the use of or reliance on any such material, products, or services made available on or through any such websites or services. 

We firmly recommend that you read their terms of service and privacy policies before using any third-party websites or services.

Subscription, Termination, Modifications, Interruption to the Service

You have various subscription options available through the Service, including monthly or yearly billing. Any subscription you pick will be maintained and renewed automatically for an additional period equal in length to the expiring subscription term until you cancel it, at the time of each renewal until you cancel.  By selecting a recurring Membership Service, you agree that such paid services require a recurring payment and that you will be liable for all subsequent charges up to termination.

You can end your subscription to the Service anytime, for any reason. To avoid the subsequent billing cycle, you must cancel your membership before it renews by contacting us by email at support@foojan.com.

The Service holds the right to modify our subscription or vary the cost of our services. Any alterations to the membership services you get will only become effective after giving you due notice.

You understand, consent with, and agree that we may, at any time, with or without prior notice to you, alter, suspend, disrupt, or discontinue the Service, any component of the Service, or the usage of the Service, whether for all customers or just for you. You understand and agree that none of those mentioned above activities, or any losses or damages resulting from any of the aforementioned actions, will subject us to liability.

You understand and agree that while we make commercially reasonable efforts to ensure the Service’s dependability and accessibility, no Service can be 100% reliable and accessible. The Service depends on many elements, including tools, hardware, and software that we own, operate, or belong to our contractors and suppliers. As a result, we cannot guarantee that access to the Service will be continuous or always accessible, consistent, timely, or error-free.

Your account representations, conduct and commitments

You confirm that you are of legal age (18 years and older) to consent to receive services, and are capable of forming a binding contract.

You affirm and agree that all the information you provided in or through the Service, and all information you supply in or through the Service going forward, is true, accurate, up to date, and complete. You further acknowledge your responsibility for maintaining the accuracy, completeness, and up-to-datedness of such information throughout the life of this Agreement.

You accept, agree, and confirm that you alone oversee safeguarding the privacy of your account’s security details, including your password (collectively “Account Access”). Regularly update your password and use additional caution when protecting your online accounts.

You commit to informing us immediately if you discover any unauthorized use of your account access or any other potential security violation.

You agree, affirm, and accept that we will not be held responsible for any loss or harm brought on by another person using your account, either with or without your knowledge or consent.

You agree, affirm, and accept that all actions taken using your Account Access are exclusively your responsibility. You further acknowledge and agree that, whether or not you allowed the use of your Account Access, we will hold you liable and responsible for any harm or loss as a result, and you agree to hold us harmless by providing us with indemnification for any harm resulting from your Account Access.

You acknowledge that you will not, under any circumstances, use or access another person’s account.

You acknowledge and agree that you are using the Service only for your personal use and not on behalf of any other person or organization.

You acknowledge and agree that you will not tamper with, disrupt, or attempt to do so with any of our systems, services, servers, networks, or infrastructure, or any of the infrastructure used by the Service, including, without limitation, by gaining unauthorized access to any of those mentioned above.

You acknowledge and agree that you will not post, send, or deliver any of the following using the Service: Any content that violates a third party’s rights, including intellectual property rights; any content that may harm a third party; any content that is unsolicited email and/or advertising or promotion of goods and services; any malicious software or code; any content that is illegal, harassing, privacy-invading, abusive, threatening, vulgar, obscene, racist, or potentially harmful; and any content that may constitute, cause, or encourage a criminal action or violate any applicable laws.

In connection with your use of the Service, you agree and promise not to break any relevant local, state, national, or international law, statute, ordinance, rule, regulation, or ethical code.

Whether you obtain a file from us via the Service or not, you agree to scan it for viruses and other dangerous software before opening or using it.

You agree to keep us harmless and defend us against any and all claims, losses, causes of action, liabilities, costs, or expenditures (including, but not limited to, litigation costs and reasonable attorneys’ fees) resulting from or connected with any of the following: (a) Your use of or access to the Service; (b) Any actions taken using your Account or Account Access, whether taken by you or someone else; (c) Your violation of any of the terms of this Agreement; (d) Your failure to make payments for any services obtained through the Service; and (e) Your violation of any third-party rights, including but not limited to any right of publicity, confidentiality, property, or privacy. This clause shall survive expiration or termination of this Agreement.

You agree and confirm that you will only use credit cards or other payment methods (collectively, “Payment Means”) that you are lawfully and completely authorized to use and that any payment-related data you have given and will continue to submit to the Service is accurate, current, and correct.

You consent to pay all fees and charges connected to your Account promptly and in accordance with the terms, rates, and fee schedule detailed in the Service. By giving us your payment method information, you permit us to bill and charge you using that payment method. You promise to keep your payment method information up to date in your Account Information.

Disclaimer of Warranty and Limitation of Liability

TO THE MAXIMUM EXTENT PERMITTED BY LAW, YOU HEREBY RELEASE US (SERVICE AND COMPANY) AND CONSENT TO HOLD US HARMLESS FROM ANY AND ALL CAUSES OF ACTION AND CLAIMS OF ANY KIND RESULTING FROM THE SERVICES, THE WEBSITE CONTENT, OR THE SERVICES OBTAINED FROM THERAPISTS OR COACHES CHOSEN FROM THE WEBSITE, INCLUDING (WITHOUT LIMITATION) ANY ACT, OMISSION, OPINION, RESPONSE, ADVICE, SUGGESTION, INFORMATION AND/OR SERVICE OF ANY THERAPIST OR COACHES CHOSEN FROM THE COMPANY’S WEBSITE  OR APPLICATION.YOU ACKNOWLEDGE, AGREE, AND UNDERSTAND THAT THE SERVICE IS PROVIDED “AS IS” WITHOUT ANY EXPRESS OR IMPLIED WARRANTIES OF ANY KIND, INCLUDING BUT NOT LIMITED TO MERCHANTABILITY, NON-INFRINGEMENT, SECURITY, FITNESS FOR A PARTICULAR PURPOSE, OR ACCURACY. THE SERVICE IS USED AT YOUR OWN RISK. WE EXPRESSLY DISCLAIM ALL WARRANTIES OF ANY KIND, WHETHER EXPRESS OR IMPLIED, TO THE FULLEST EXTENT PERMITTED BY LAW. 

YOU UNDERSTAND, AGREE, AND ACKNOWLEDGE THAT WE SHALL NOT BE RESPONSIBLE TO YOU OR ANY THIRD PARTY FOR ANY DIRECT, INDIRECT, PUNITIVE, INCIDENTAL, SPECIAL, CONSEQUENTIAL DAMAGES OR ANY DAMAGES WHATSOEVER INCLUDING, WITHOUT LIMITATION, DAMAGES FOR LOSS OF USE, DATA OR PROFITS, ARISING OUT OF OR IN ANY WAY CONNECTED WITH THE USE OF THE SERVICE, WITH THE DELAY OR INABILITY TO USE THE SERVICES, THE PROVISION OF OR FAILURE TO PROVIDE SERVICES, OR FOR ANY INFORMATION, SOFTWARE, PRODUCTS, SERVICES AND RELATED GRAPHICS OBTAINED THROUGH THE SERVICE, OR OTHERWISE ARISING OUT OF THE USE OF THE SERVICE WEBSITE AND/OR APPLICATION, WHETHER BASED ON CONTRACT, TORT, NEGLIGENCE, STRICT LIABILITY OR OTHERWISE, EVEN IF THE COMPANY OR ANY OF ITS SUPPLIERS HAS BEEN ADVISED OF THE POSSIBILITY OF DAMAGES. BECAUSE SOME STATES/JURISDICTIONS DO NOT ALLOW THE EXCLUSION OR LIMITATION OF LIABILITY FOR CONSEQUENTIAL OR INCIDENTAL DAMAGES, THE ABOVE LIMITATION MAY NOT APPLY TO YOU.

YOU UNDERSTAND, AGREE, AND ACKNOWLEDGE OUR TOTAL LIABILITY FOR DAMAGES RESULTING FROM THIS AGREEMENT OR ANY USE OF THE SERVICE SHALL NOT EXCEED THE TOTAL AMOUNT OF MONEY PAID BY YOU OR ON YOUR BEHALF THROUGH THE SERVICES IN THE 12 MONTHS PERIOD PRIOR TO THE DATE OF THE CLAIM.

The above-described limitation of liability will only be regarded as amended to the degree necessary to comply with applicable legislation if the applicable law does not permit it.

The limitation of liability clause will remain in effect even after this Agreement expires or is terminated.

Governing Law

The laws of the Country, excluding its conflicts of law rules, shall govern this Terms and Your use of the Service. Your use of the Application may also be subject to other local, state, national, or international laws.

Your Disputes Resolution

If You have any concern or dispute about the Service, You agree to first try to resolve the dispute informally by contacting the Company.   In the event, the informal resolution of Your dispute is not achieved, You and the Company agree to submit the dispute to binding arbitration as follows: 

Any controversy or claim you have arising out of or relating to the Services and/or these Terms and Conditions shall be brought solely by You as an individual and not as part of, or as a representative of, a class. To the fullest extent permitted by law, any controversy or claim You have shall be resolved by a single impartial arbitrator pursuant to proceedings administered by the Judicial Arbitration and Mediation services (“JAMS”) under its rules for resolution of commercial disputes. The arbitration shall be held in California, Orange County. All submissions to the arbitrator, the proceedings and the award shall be confidential. The arbitration shall be conducted on an expedited basis with basic discovery. The arbitrator’s award shall be final and binding. The courts of California shall have exclusive jurisdiction and venue over (i) any action concerning the enforcement of an arbitration award, or (ii) if arbitration is not permitted by law, then any controversy or claim You have arising out of or relating to these Terms and Conditions. You agree to unconditionally and irrevocably submit to the exclusive jurisdiction and venue of such courts and You will not object to such jurisdiction and venue on the grounds of lack of personal jurisdiction, inconvenient forum or otherwise.  EACH PARTY IRREVOCABLY WAIVES ANY AND ALL RIGHT TO TRIAL BY JURY IN ANY LEGAL PROCEEDING ARISING OUT OF OR RELATED TO THESE TERMS OF USE. Company reserves all rights and remedies available to it, in law or equity, with respect to any matter relating to these Terms and Conditions.

For European Union (EU) Users

If You are a European Union consumer, you will benefit from any mandatory provisions of the law of the country in which you are resident in.

United States Legal Compliance

You represent and warrant that (i) You are not located in a country that is subject to the United States government embargo, or that has been designated by the United States government as a “terrorist supporting” country, and (ii) You are not listed on any United States government list of prohibited or restricted parties.

Translation Interpretation

These Terms and Conditions may have been translated if We have made them available to You on our Service. You agree that the original English text shall prevail in the case of a dispute.

Changes to These Terms and Conditions

The laws of the State of California, excluding any rules governing the choice of laws, shall be used to interpret this Agreement and our relationship with you.

THE ENTIRE AGREEMENT BETWEEN YOU AND US IS CONSTITUTE IN THIS AGREEMENT. YOU AGREE THAT EXCEPT AS SET FORTH IN THIS AGREEMENT, YOU HAVE NOT RELIED ON ANY PROMISES OR REPRESENTATIONS MADE BY US.

We reserve the right to modify this Agreement by posting updated terms on the Service. Unless we expressly state otherwise, all changes are binding as soon as they are posted. As a result, we advise you to review this Agreement’s terms often. This Agreement’s last change date is at the document’s top. You agree to be bound by any changes to the Agreement made by using the Service after they take effect. You must stop using the Service if you disagree with the modifications.

This Agreement and all responsibilities may be freely transferred or assigned by us.

The paragraph titles in this Agreement are only for convenience and will not be considered when interpreting this Agreement.

The remaining terms of this Agreement shall still be in full force and effect if any provision is found to be void, unlawful, unenforceable, or otherwise against the law by a court with appropriate jurisdiction.

To avoid misunderstanding, all provisions relating to liability restrictions and indemnity shall remain in effect after this Agreement expires or terminates.

In relation to this Agreement or any other part of the Service, we may give you notices or other communications online or by emailing the email address we have on file.  The date of receipt shall be deemed the date on which such notice is given.

Waiver and Severability. 

The failure of the Company to exercise or enforce any right or provision in these Terms and Conditions shall not constitute a waiver of such right or provision. If any provision of these Terms and Conditions is found by a court of competent jurisdiction to be invalid, illegal, or unenforceable, such provision shall be enforced to the fullest extent of the law, and all other provisions shall remain in full force and effect.

Contact Us

If you have any questions about these Terms and Conditions, You can contact us:

By email: support@foojan.com

By visiting this page on our website: www.foojan.com/support

By Phone: