Terms and Conditions
Meru Terms and Conditions
Effective as of December 20, 2024
Last updated on December 20, 2024
Welcome to www.meru.community (“Website”). This website is created and run by Noor Bouzid and her brand Meru community, NBR Coaching and Consulting Pte Ltd. Noor Bouzid is a registered, certified ADHD Coach. Noor’s goal is to provide evidenced based ADHD knowledge and actionable advice to all those in search of a sustainable and comprehensive ADHD life. We recommend that you thoroughly read through these Terms and Conditions (“Terms”) and the Privacy Policy (“Policy”). The Terms and Policy apply to anything posted on the Website (together, “Services”).
Please read this Terms of Service agreement (“Agreement”) carefully. This website and any other websites of Meru community, NBR Coaching and Consulting Pte. Ltd. its affiliates (collectively, “Meru community,” “Us,” “Our,” and “We”) and the information on them (collectively, the “Website”) are controlled by Meru community. This agreement governs your use of the website and the services, information and content available or enabled via the website, including (the “Services”). By clicking on the “I accept” button, completing the registration process, and/or using the services, you represent that (1) you have read, understand, and agree to be bound by this agreement, (2) you have the authority to enter into this agreement personally and, if applicable, on behalf of any company, organization or other legal entity on whose behalf you use the services and to bind that entity to this agreement, and (3) you are at least 18 years of age (or have reached the age of majority if that is not 18 years of age where you live) or that you have reviewed this agreement with your parent or legal guardian and he or she agrees to this agreement on your behalf and takes full responsibility for your compliance with them. You agree that you (and your parent or guardian) are fully able and competent to enter into and comply with this agreement. If you are under 18 years of age, you understand that you cannot later void this agreement with Meru community as a minor without losing access to your account (as defined in section 2.1) and the services, and your parents are responsible for your actions and any obligations you have incurred while enjoying the benefits of access to the features and functions of the services as if you were an adult. We do not knowingly allow minors under the age of 13 to create Accounts that allow access to the Services. The term “you” refers to the individual identified as the user when you registered on the website.
Your interactions with Meru community in connection with the Services are subject to this Agreement. Meru community may use any data, information or materials collected or received from You through these interactions, in accordance with this Agreement and the Meru community Privacy Policy. You are responsible for establishing Your own policies (if any) with Your employer as to what work or business information (if any) is appropriate to share as part of the Services. You will use the Services subject to terms set forth in this provision and any other established Meru community policies.
Our Services are not intended to be a substitute for professional medical advice or treatment. Nothing provided to you through the Services constitutes therapy or medical advice. There is no doctor-patient relationship or therapist-patient relationship created in connection with the Services. Services are not a substitute for the advice of a medical professional and any information provided through the Services cannot be relied upon when making medical decisions. If you require medical advice, you should consult with a medical professional.
If you do not agree to be bound by this agreement, you may not access or use this website or the services.
These terms of use together with the policies, agreements and documents referred to in them provide the terms of use on which you may make use of this website www.meru.community (“Website”), whether as a guest or a registered user. Use of this Site includes accessing, browsing, or registering to use the Website. Please read these terms of use carefully before you start to use the Website, as these will apply to your use of this Website. We recommend that you print a copy of this for future reference.By using this Website, you confirm that you have read and accept these Terms and that you agree to comply with them. If you do not agree to these Terms, you must not use this Website. Please be aware that agreeing to these Terms by using the Services holds the same weight as a written and signed contract. You agree that you will not challenge the enforceability of these Terms based on the fact that they are electronic. If you have any questions about the content of these terms, please email us at info@meru.community.
PLEASE NOTE THAT THE TERMS ARE SUBJECT TO CHANGE BY Meru community IN ITS SOLE DISCRETION AT ANY TIME. When changes are made, Meru community will make a new copy of the Agreement available on the Website, and any new Supplemental Terms will be made available from within, or through, the affected Service on the Website. We will also update the “Last Updated” date at the top of the Agreement. If we make material changes to the Agreement, we may (and, where required by law, will) also provide notification of changes in another way that we believe is reasonably likely to reach you, such as via e-mail if you have an Account or another manner through the Services (which may include posting an announcement on our Website). Meru community may require you to provide consent to the updated Agreement in a specified manner before further use of the Website and/or the Services is permitted. If you do not agree to any change(s) after receiving notice of such change(s), you agree to stop using the Website and the Services. Otherwise, your continued use of the Website and/or Services constitutes your acceptance of such change(s). Please regularly check the website to view the then-current terms.
Recordings of Coaching Sessions.
Before each call, Meru community will ask you and your Coach to agree to record your conversation (the “Recording Notice”). Sessions will only be recorded only if both you and the coach agree to the Recording. Both parties can opt-out of the Recordings at any time. If you consent to the recording, Meru community reserves the right to permit Coaches (as defined below) to monitor or record audio and/or video of your conversations with your Coach during each of your sessions by means of electronic recording equipment and software (each a “Recording” and collectively, the “Recordings”). The Recordings are for the exclusive use of Meru community to, among other things, generate transcripts and/or summaries of your session for you and your coach (collectively, “Transcripts”). At any time during the session, you may elect not to participate in the Recording by notifying your Coach during the session and the Recording will end promptly upon such notice.
During the term of this agreement, Meru community reserves the right to use commercially reasonable efforts to retain and store all Recordings in a manner that will preserve the integrity of the Recordings, including by making backups in such a manner and frequency as to reasonably protect against loss. Upon the termination of this Agreement, Meru community reserves the right to delete the Recording. You make request deletion by emailing us at: info@meru.community
Your acceptance of this Agreement and the Recording Notice evidences your consent to Recordings. you understand that the coach may, in his or her sole and absolute discretion, make Recordings without further notice or disclosure beyond the Recording Notice, including, without limitation, without the use of an automatic tone-warning device and without assuming responsibility to make or retain such Recording.
You acknowledge and agree that such Recordings may be used by Meru community as evidence in any dispute between you and Meru community. you agree that you will not record any conversations with Meru community’s employees, representatives, officers, directors, partners or agents without the express written consent of Meru community and the consent from any aforementioned Meru community individual(s) engaged in the conversation.
Use of the Services.
The Website, Services (including without limitation Community Membership and Coaching Services, as defined in Section 1.1.), and the information and content available on the Website and the Services (as these terms are defined herein) (collectively, the “Meru community Properties”) are protected by copyright laws throughout the world. Subject to the Terms, Meru community grants you a limited license to use the Meru community Properties solely for your personal use. Unless otherwise specified by Meru community in a separate license, your right to use any Meru community Properties is subject to the Terms.
Overview of Coaching Services. Subject to the terms of this Agreement, Meru community matches Members with independent contractors of Meru community (each a “Coach,” and collectively “Coaches”) for purposes of receiving ADHD coaching, emotional support, general advice, collegial interactions or other similar, non-medical services (“Coaching Services”). Coaches are not trained or licensed medical professionals and are not qualified to diagnose, treat or manage any healthcare conditions, including behavioral health conditions. By accepting the terms of this Agreement, (a) you acknowledge and understand that Coaches are not trained or licensed as medical professionals, and you agree to not request that Coaches provide you with any medical or healthcare advice or guidance, and (b) you agree to not rely upon any information provided to you by Coaches, content received through the Services or other Members when making important lifestyle, health, financial or relationship decisions, and that any decisions that you make with respect to your lifestyle, health, financial or relationships will be made based solely upon your own independent judgement. The materials available through our Services, including information obtained from the Coaches, is for informational purposes only and should not considered as a diagnosis or professional recommendation or endorsement of any medical treatment, product, drug or any other healthcare service. Our Services are not intended to be a substitute for professional medical advice or treatment. Nothing provided to you through the Services constitutes therapy or medical advice. There is no doctor-patient relationship or therapist-patient relationship created in connection with the Services. Services are not a substitute for the advice of a medical professional and any information provided through the Services cannot be relied upon when making medical decisions. If you require medical advice, you should consult with a medical professional. For purposes of this Agreement, “Members” are Registered Users (as defined in Section 2.1) that have joined a Coaching relationship.
Updates. Meru community may from time to time develop patches, bug fixes, updates, upgrades and other modifications to improve the performance of the Services (“Updates”). These Updates may be automatically installed without providing any additional notice or receiving any additional consent. Under this Agreement, you consent to these automatic updates. If you do not wish to use such Updates, your sole remedy is to terminate your Account. If you do not terminate your Account, you will receive Updates automatically. Your continued use of the Meru community Properties is your agreement to this Agreement with respect to the Meru community Properties.
How to Withdraw Your Consent. Your consent for any Meru community Services will remain in effect until you terminate or you explicitly withdraw your consent by changing your delivery preferences through your Website profile.
Restrictions. The rights granted to you in this Agreement are subject to the following restrictions: (a) you shall not license, sell, rent, lease, transfer, assign, reproduce, distribute, host or otherwise commercially exploit any Meru community Properties or any portion of Meru community Properties, including the Website; (b) you shall not frame or utilize framing techniques to enclose any trademark, logo, or other Meru community Properties (including images, text, page layout or form) of Meru community; (c) you shall not use any metatags or other “hidden text” using Meru community’s name or trademarks; (d) you shall not modify, translate, adapt, merge, make derivative works of, disassemble, decompile, reverse compile or reverse engineer any part of Meru community Properties; (e) you shall not use any manual or automated software, devices or other processes (including, but not limited to, spiders, robots, scrapers, crawlers, avatars, data mining tools or the like) to “scrape” or download data from any web pages contained in the Website (except that we grant the operators of public search engines revocable permission to use spiders to copy materials from the Website for the sole purpose of and solely to the extent necessary for creating publicly available searchable indices of the materials, but not caches or archives of such materials); (f) you will not access any Meru community Properties in order to build a similar or competitive website, application or service; (g) except as expressly stated herein, no part of any Meru community Properties may be copied, reproduced, distributed, republished, downloaded, displayed, posted or transmitted in any form or by any means; (h) you shall not remove or destroy any copyright notices or other proprietary markings contained on or in Meru community Properties; or (i) signing on as or pretending to be another person. Any future release, update or other addition to Meru community Properties shall be subject to the Terms. Meru community, its suppliers and service providers reserve all rights not granted in the Terms. Any unauthorized use of Meru community Properties terminates the licenses granted by Meru community pursuant to the Terms.
Third-Party Materials. As a part of Meru community Properties, you may have access to materials that are hosted by another party. You agree that it is impossible for Meru community to monitor such materials and that you access these materials at your own risk.
Limitations of Services and Related Disclaimers of Liability.
YOU MUST IMMEDIATELY CALL “995” AND NOTIFY THE RELEVANT AUTHORITIES IF YOU ARE EXPERIENCING A MEDICAL EMERGENCY, THINKING ABOUT SUICIDE, OR IF YOU ARE CONSIDERING TAKING ACTIONS THAT MAY CAUSE HARM TO YOU OR TO OTHERS OR IF YOU FEEL THAT YOU OR ANY OTHER PERSON MAY BE IN ANY DANGER OR IF YOU HAVE ANY MEDICAL EMERGENCY.
THE SERVICES DO NOT INCLUDE THE PROVISION OF ANY HEALTHCARE SERVICES, INCLUDING, BUT NOT LIMITED TO, THERAPY SERVICES, MEDICAL DIAGNOSIS OR TREATMENTS, OR ADVICE CONCERNING THE SAME. Meru community IS NOT A HEALTHCARE PROVIDER AND DOES NOT CONTRACT WITH HEALTHCARE PROVIDERS FOR SERVICES. COACHES ARE NOT LICENSED HEALTHCARE PROFESSIONALS AND ARE NOT AUTHORIZED TO PROVIDE HEALTHCARE SERVICES THAT REQUIRE PROFESSIONAL LICENSURE. IF YOU REQUIRE MEDICAL OR THERAPY SERVICES, PLEASE CONTACT A LICENSED HEALTHCARE PROFESSIONAL FOR ASSISTANCE.
Meru community IS NOT INVOLVED IN ANY WAY WITH THE SUBSTANCE OF THE MEMBER- COACH RELATIONSHIP, NOR DOES Meru community AUDIT, MONITOR, APPROVE, VALIDATE OR SUPPORT THE ADVICE OR INFORMATION GIVEN TO YOU BY A COACH OR OTHER MEMBERS. Meru community STRONGLY RECOMMENDS THAT YOU CONSULT YOUR HEALTHCARE PROVIDER BEFORE RECEIVING SERVICES AND TAKE THE ADVICE OF YOUR HEALTHCARE PROVIDER IF HE/SHE RECOMMENDS AGAINST YOUR RECEIPT OF THE SERVICES.
WHILE THE SERVICES WILL HELP YOU COMMUNICATE WITH A COACH OR OTHER MEMBERS, Meru community MAKES NO REPRESENTATION OR WARRANTY WHATSOEVER AS TO WHETHER YOU WILL FIND THE SERVICES RELEVANT, USEFUL, CORRECT, RELEVANT, SATISFACTORY OR SUITABLE TO YOUR NEEDS.
ALTHOUGH WE ATTEMPT TO MAINTAIN THE INTEGRITY AND ACCURACY OF THE INFORMATION ON THE WEBSITE, WE MAKE NO GUARANTEES AS TO ITS CORRECTNESS, COMPLETENESS, OR ACCURACY. THE WEBSITE MAY CONTAIN TYPOGRAPHICAL ERRORS, INACCURACIES, OR OTHER ERRORS OR OMISSIONS. ALSO, UNAUTHORIZED ADDITIONS, DELETIONS, OR ALTERATIONS COULD BE MADE TO THE WEBSITE BY THIRD PARTIES WITHOUT OUR KNOWLEDGE.
Registration
Registering Your Account. In order to access certain features of Meru community Properties, you must become a Registered User. For purposes of the Terms, a “Registered User” is a user who has registered an account through the Website or Services (“Account”).
Registration Data. In registering an Account through the Services, you agree to (a) provide true, accurate, current and complete information about yourself as prompted by the registration form (the “Registration Data”); and (b) maintain and promptly update the Registration Data to keep it true, accurate, current and complete. You represent that you are (l) at least thirteen (13) years old; (m) of legal age to form a binding contract or that you have reviewed this Agreement with your parent or legal guardian and he or she agrees to this Agreement on your behalf; and (n) not a person barred from using Meru community Properties under the laws of Singapore, your place of residence or any other applicable jurisdiction. You are responsible for all activities that occur under your Account. You agree that you shall monitor your Account to restrict use by minors, and you will accept full responsibility for any unauthorized use of Meru community Properties by minors. You may not share your Account or password with anyone, and you agree to (y) notify Meru community immediately of any unauthorized use of your password or any other breach of security; and (z) exit from your Account at the end of each session. If you provide any information that is untrue, inaccurate, not current or incomplete, or Meru community has reasonable grounds to suspect that any information you provide is untrue, inaccurate, not current or incomplete, Meru community has the right to suspend or terminate your Account and refuse any and all current or future use of the Services (or any portion thereof). You agree not to create an Account on behalf of someone other than yourself. Meru community reserves the right to remove or reclaim any usernames at any time and for any reason, including but not limited to, claims by a third party that a username violates the third party’s rights. You agree not to create an Account or use Meru community Properties if you have been previously removed by Meru community, or if you have been previously banned from any of Meru community Properties.
Necessary Equipment and Software. You must provide all equipment and software necessary to connect to Meru community Properties. You are solely responsible for any fees, including Internet connection or mobile fees, that you incur when accessing Meru community Properties.
Responsibility for Content
Types of Content. You acknowledge that all data, text, software, sounds, photographs, graphics, videos, messages, tags, information and/or other materials (collectively, “Content”) is the sole responsibility of the party from whom such Content originated. This means that you, and not Meru community, are entirely responsible for all Content that you upload, post, e-mail, transmit or otherwise make available (“Make Available”) through Meru community Properties, Meru community Data, and your use thereof (collectively, “Your Content”), and that you and other Users of Meru community Properties, and not Meru community, are similarly responsible for all Content they Make Available through Meru community Properties (“User Content”). The use of Your Content by Meru community will be subject to the terms of our Privacy Policy located at: https://Meru.community/privacy
No Obligation to Pre-Screen Content. You acknowledge that Meru community has no obligation to pre-screen Content (including, but not limited to, User Content), although Meru community reserves the right in its sole discretion to pre-screen, refuse or remove any Content. By entering into the Agreement, you hereby provide your irrevocable consent to such monitoring. You acknowledge and agree that you have no expectation of privacy concerning the transmission of Your Content, including without limitation chat, text, video, message, voice or other communications. In the event that Meru community pre-screens, refuses or removes any Content, you acknowledge that Meru community will do so for Meru community’ benefit, not yours. Without limiting the foregoing, Meru community shall have the right to remove any Content that violates this Agreement or is otherwise objectionable.
Use of Personal Information. Members may use the Services without sharing personal information (other than first name) with other Members and/or Coaches. Members acknowledge that any User Content that Member Shares, including personal information is made at Member’s sole discretion, and at Member’s sole risk. Meru community may use any User Content collected or received through such Sessions.
Storage. Unless expressly agreed to by Meru community in writing elsewhere, Meru community has no obligation to store Your Content that you Make Available on Meru community Properties. Meru community has no responsibility or liability for the deletion or accuracy of any Content, including Your Content; the failure to store, transmit or receive transmission of Content; or the security, privacy, storage, or transmission of other communications originating with or involving use of Meru community Properties. Meru community reserves the right to retain Your Content for only as long as we need in order to provide our Service to you, or for other legitimate business purposes such as conducting research, resolving disputes, safety and security reasons, or complying with our policies and legal obligations, in which case we may use this information indefinitely without further notice to you. How long we retain personal information will depend on a number of factors, such as the amount, nature, and sensitivity of the information, the potential risk of harm from unauthorized use or disclosure, our purpose for processing the information, and any legal requirements.
Fees.
Payment. You agree to pay membership fees or charges to your Account in accordance with the fees, charges and billing terms in effect at the time a fee or charge is due and payable. You must provide Meru community with a valid credit card (Visa, MasterCard, or any other issuer accepted by us) (“Payment Provider”) to make any purchases through the Services. Your Payment Provider agreement governs your use of the designated credit card, and you must refer to that agreement and not this Agreement to determine your rights and liabilities. By providing Meru community with your credit card number and associated payment information, you agree that Meru community may authorize the Payment Provider to immediately charge you for all amounts due and payable with no notice or consent to you. You agree to immediately notify Meru community of any change in your billing address or the credit card used for payment hereunder. In the event that your credit card expires or Meru community, our affiliates, or our third-party payment processors are unable to process your payment, you may receive notice for you to provide an alternative payment method. Meru community reserves the right to cancel the request if: (i) your payment method is declined; or (ii) you have been previously banned or removed from the Meru community Properties for any reason. Meru community reserves the right at any time to change its prices and billing methods, either immediately upon posting on the Meru community Properties or by e-mail delivery to you.
Third Party Payment Processor. Meru community may use Stripe, Inc. (“Stripe”) as its third-party service provider for payment services (e.g., card acceptance, merchant settlement, and related services). By using the Services, you agree to be bound by Stripe’s Privacy Policy: https://www.stripe.com/privacy, and hereby consent and authorize Meru community and Stripe to share any information and payment instructions you provide with one or more third party service provider(s) to the minimum extent required to complete your transactions. By making reservations on the Services, you also agree to be bound by Stripe’s Seller Terms: https://stripe.com/ssa.
Third Party Platform. Meru may use CircleCo, Inc. (“Circle”) as its third-party service provider for community services (e.g., discussions, courses, events and related services). By using the Services, you agree to be bound by Circle’s Privacy Policy: https://circle.so/terms, and hereby consent and authorize Meru and Circle to share any information and payment instructions you provide with one or more third party service provider(s) to the minimum extent required to complete your transactions.
Taxes. Users will be liable for any taxes required to be paid on the Services provided under the Agreement.
Disputes. You must notify us in writing within seven (7) days after receiving your credit card statement, if you dispute any of our charges on that statement or such dispute will be deemed waived.
Automatic Renewal.
Subscription. Meru community charges a subscription fee (the “Subscription Fee”) for a subscription to the Coaching Services (“Subscription(s)”). You will be billed in advance on a recurring and periodic basis (“Billing Cycle”). Billing cycles are set either on a monthly or annual basis (depending on the type of subscription plan offered by Meru community and that you have selected when purchasing a Subscription) and commence on the date you first start your Subscription. Once you have purchased a Subscription, your Subscription will continue indefinitely until terminated in accordance with this Agreement and you will be charged Meru community’s then-current Subscription Fees at the commencement of each Billing Cycle.
Cancellation. You may cancel your Subscription renewal through your Account or by contacting us at: info@meru.community prior to the end of the then-current Billing Cycle. If you cancel your Subscription, you may use your Subscription until the end of the current Billing Cycle and your Subscription will not be renewed after the then-current Billing Cycle ends. However, you will not be eligible for a prorated refund of any portion of the Subscription Fee paid for the then-current Billing Cycle.
Subscription Fee Payment. By submitting your payment information, you authorize us to charge you, or your Payment Provider for all Subscription Fees incurred through your Account at the beginning of each Billing Cycle. Should automatic billing fail to occur for any reason, we will issue an electronic invoice indicating that you must proceed manually, within a certain deadline date, with the full payment corresponding to the Billing Cycle as indicated on the invoice. If Meru community does not receive payment from you, (a) you agree to pay all amounts due on your Account upon demand and/or (b) you agree that Meru community may either terminate or suspend your Subscription and continue to attempt to charge you or your Payment Provider until payment is received (upon receipt of payment, your Account will be activated and for purposes of automatic renewal, your new subscription commitment period will begin as of the day payment was received).
Free Trials. Any free trial or other promotion to the Service must be used within the specified time of the trial. At the end of the trial period, your use of that Service will expire and any further use of the Service is prohibited unless you pay the applicable Subscription Fee. If you are inadvertently charged for a Subscription, please contact Meru community to have the charges reversed.
User Conduct.
Community Guidelines. You agree to abide by our Community Guidelines. Without limiting the foregoing, any Member may be disciplined, suspended or terminated for any of the following reasons (or any additional reason in the sole discretion of Meru community): (a) violations of any terms of this Agreement or our Community Guidelines; and (b) communication of information concerning other Members outside the Service. Any termination of a Member due to misconduct described herein shall be in Meru community’s sole discretion, without any refund of any Fees or other charges.
Commercial Activities. You agree that you will not, under any circumstances (except to the extent expressly authorized by the Agreement):
Reproduce, duplicate, copy, sell, trade, resell or exploit for any commercial purpose any portion of Meru community Properties (including your Account), or access to or use of Meru community Properties;
Upload, post, e-mail, transmit or otherwise make available any unsolicited or unauthorized advertising, promotional materials, “junk mail,” “spam,” “chain letters,” “pyramid schemes,” or any other form of solicitation in connection with any Meru community Property;
Use Meru community Properties or any part thereof for any commercial purpose, including, but not limited to, communicating or facilitating any commercial advertisement or solicitation;
Engage in any chain letters, contests, junk email, pyramid schemes, spamming, surveys or other duplicative or unsolicited messages (commercial or otherwise) in connection with Meru community Properties; or
Market any goods or services for any business purposes on or in connection with any Meru community Properties.
General. In connection with your use of Meru community Properties, you shall not:
Make Available any Content that, in Meru community’s sole discretion, (i) is unlawful, tortious, defamatory, abusive, profane, vulgar, pornographic, obscene, libelous, or racially, ethnically or otherwise objectionable (including nudity); (ii) violates, or encourages any conduct that would violate, any applicable law or regulation or would give rise to civil liability; (iii) promotes discrimination, bigotry, racism, hatred, harassment or harm against any individual or group; (iv) is violent or threatening, or promotes violence or actions that are threatening to any other person; or (v) promotes illegal or harmful activities;
Harm minors in any way;
Impersonate any person or entity, including, but not limited to, Meru community personnel, or falsely state or otherwise misrepresent your affiliation with a person or entity;
Make available any Content that you do not have a right to Make Available under any law or under contractual or fiduciary relationships (such as inside information, proprietary and confidential information learned or disclosed as part of employment relationships or under non-disclosure agreements);
Make Available any Content that infringes the rights of any person or entity, including without limitation, any patent, trademark, trade secret, copyright, privacy, moral, publicity or other proprietary or contractual rights;
Intentionally or unintentionally violate any applicable local, state, national or international law or regulation, or any order of a court;
Register for more than one Account or register for an Account on behalf of an individual other than yourself;
Stalk or otherwise harass, bully or intimidate any other user of our Meru community Properties; or
Advocate, encourage or assist any third party in doing any of the foregoing activities in this section.
Investigations. Meru community may, but is not obligated to, monitor or review Meru community Properties and Content at any time. Without limiting the foregoing, Meru community shall have the right, in its sole discretion, to remove any of Your Content for any reason (or no reason), including if such Content violates the Agreement or any applicable law. Although Meru community does not generally monitor user activity occurring in connection with Meru community Properties or Content, if Meru community becomes aware of any possible violations by you of any provision of the Agreement, Meru community reserves the right to investigate such violations, and Meru community may, at its sole discretion, immediately terminate your license to use Meru community Properties, or change, alter or remove Your Content, in whole or in part, without prior notice to you.
Ownership
Meru community Properties; Meru community Data. Except with respect to Your Content and User Content, you agree that Meru community and its suppliers and licensors own all rights, title and interest in and to all Meru community Properties as well as any anonymous, aggregated data that Meru community may generate through the provision of the Services to you, including Recordings and Transcripts, and including any and all copyright, trademark, patent and moral rights to the same (the “Meru community Data”). You will not remove, alter or obscure any copyright, trademark, service mark or other proprietary rights notices incorporated in or accompanying the Website, the Services, or any other Meru community Properties. Meru community also retains the unrestricted right to use the Meru community Data to compile anonymous statistical and performance related information which may be used for research, to improve and promote the Services, to share with third parties for lawful business purposes, and for other business purposes. The Meru community Data will not present any personally identifiable information or any other data that allows you to be identified.
Trademarks. “Meru community” and other related graphics, logos, service marks and trade names used on or in connection with Meru community Properties or in connection with the Services are the trademarks of Meru community and may not be used without permission. Other trademarks, service marks and trade names that may appear on or in Meru community Properties are the property of their respective owners.
Other Content. Except with respect to Your Content, you agree that you have no right or title in or to any Content that appears on or in Meru community Properties.
Your Content. Meru community does not claim ownership of Your Content. However, when you as a user post or publish Your Content on or in Meru community Properties you represent that you own or have a royalty-free, perpetual, irrevocable, worldwide, non-exclusive right (including any moral rights) and license to use, license, reproduce, modify, adapt, publish, translate, create derivative works from, distribute, derive revenue or other remuneration from, and communicate to the public, perform and display Your Content (in whole or in part) worldwide and/or to incorporate it in other works in any form, media or technology now known or later developed, for the full term of any worldwide intellectual property right that may exist in Your Content. In addition to any other license granted under this Agreement, you grant Meru community a fully paid, royalty-free, perpetual, irrevocable, worldwide, royalty-free, non-exclusive and fully sublicensable right (including any moral rights) and license to use, license, distribute, reproduce, modify, adapt, publicly perform, and publicly display, Your Content (in whole or in part) for the purposes of: (a) operating, improving and providing the Services; and (b) compiling statistical and other information related to the performance, operation, and use of the Service. Please remember that other Users may search for, see, use, modify and reproduce any of Your Content that you submit to any “public” area of Meru community Properties. You warrant that the holder of any worldwide intellectual property right, including moral rights, in Your Content, has completely and effectively waived all such rights and validly and irrevocably granted to you the right to grant the license stated above. You agree that we may display advertising with or in connection with Your Content. You further acknowledge and agree that Meru community has no obligation to you in connection with any advertising displayed on or in connection with the Meru community Properties (including no obligation to share any revenue received by Meru community as a result of any such advertising). You agree that you, not Meru community, are responsible for all of Your Content that you Make Available on or in Meru community Properties.
Account. Notwithstanding anything contained herein to the contrary, you acknowledge and agree that you will have no ownership or other property interest in your Account, and you further acknowledge and agree that all rights in and to your Account are and will forever be owned by and inure to the benefit of Meru community.
Feedback. You agree that submission of any ideas, suggestions, documents, and/or proposals to Meru community through its suggestion, feedback, wiki, forum or similar pages (“Feedback”) is at your own risk and that Meru community has no obligations (including without limitation obligations of confidentiality) with respect to such Feedback. You represent and warrant that you have all rights necessary to submit the Feedback. You hereby grant to Meru community a fully paid, royalty-free, perpetual, irrevocable, worldwide, non-exclusive, and fully sublicensable right and license to use, reproduce, perform, display, distribute, adapt, modify, re-format, create derivative works of, and otherwise commercially or non-commercially exploit in any manner, any and all Feedback, and to sublicense the foregoing rights, in connection with the operation and maintenance of Meru community Properties.
Interactions with Other Users. You are solely responsible for your interactions with other Users and any other parties with whom you interact; provided, however, that Meru community reserves the right, but has no obligation, to intercede in such disputes. You use all User Content and interact with other Users at your own risk. You agree that Meru community will not be responsible for any liability incurred as the result of such interactions.
Third-Party Websites, Applications, Ads & Services. Meru community Properties may contain links to third-party websites (“Third-Party Websites”), applications, including third-party video conferencing, communications tools (e.g. Zoom or FaceTime) (“Third-Party Applications”), and advertisements (“Third-Party Ads”). When you click on a link to a Third-Party Website, Third-Party Application or Third-Party Ad, we will not warn you that you have left Meru community Properties and are subject to the terms and conditions (including privacy policies) of another website or destination. Meru community provides these Third-Party Websites, Third-Party Applications and Third-Party Ads only as a convenience and does not review, approve, monitor, endorse, warrant, or make any representations with respect to Third-Party Websites, Third-Party Applications or Third-Party Ads, or their products or services. You use all links in Third-Party Websites, Third-Party Applications and Third-Party Ads at your own risk. When you leave our Website, our Terms and policies no longer govern. You should review applicable terms and policies, including privacy and data gathering practices, of any Third-Party Websites or Third-Party Applications, and should make whatever investigation you feel necessary or appropriate before proceeding with any transaction with any third party.
Indemnification. You agree to indemnify and hold Meru community, its successors, assigns, parents, subsidiaries, affiliates, officers, employees, agents, partners and licensors (collectively, the “Meru community Parties”) harmless from any losses, costs, liabilities and expenses (including reasonable attorneys’ fees) relating to or arising out of: (a) Your Content; (b) your use of the Services or any other Meru community Properties; (c) your violation of the Terms (including, without limitation, your submission of false or misleading information through the Services); (d) your violation of any rights of another party, including any Users; (e) your interactions with other Users; and (f) your violation of any applicable laws, rules or regulations. Meru community reserves the right, at its own cost, to assume the exclusive defense and control of any matter otherwise subject to indemnification by you, in which event you will fully cooperate with Meru community in asserting any available defenses. This provision does not require you to indemnify any of the Meru community Parties for any unconscionable commercial practice by such party or for such party’s fraud, deception, false promise, misrepresentation or concealment, suppression or omission of any material fact in connection with the Website or any Services provided hereunder. You agree that the provisions in this section will survive any termination of your Account, the Terms or your access to Meru community Properties.
Disclaimer of Warranties and Conditions
As Is. YOU EXPRESSLY UNDERSTAND AND AGREE THAT TO THE EXTENT PERMITTED BY APPLICABLE LAW, YOUR USE OF Meru community PROPERTIES IS AT YOUR SOLE RISK, AND Meru community PROPERTIES ARE PROVIDED ON AN “AS IS” AND “AS AVAILABLE” BASIS. Meru community EXPRESSLY DISCLAIMS ALL WARRANTIES, REPRESENTATIONS, AND CONDITIONS OF ANY KIND, WHETHER EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, THE IMPLIED WARRANTIES OR CONDITIONS OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE AND NON-INFRINGEMENT ARISING FROM USE OF THE SERVICES.
Meru community MAKES NO WARRANTY, REPRESENTATION OR CONDITION THAT: (1) Meru community PROPERTIES WILL MEET YOUR REQUIREMENTS; (2) YOUR USE OF Meru community PROPERTIES WILL BE UNINTERRUPTED, TIMELY, SECURE OR ERROR-FREE; OR (3) THE RESULTS THAT MAY BE OBTAINED FROM USE OF Meru community PROPERTIES WILL BE ACCURATE OR RELIABLE.
Meru community MAKES NO REPRESENTATIONS OR GUARANTEES REGARDING THE EFFECTIVENESS OF THE SERVICES OR TIMELINESS OF THE SERVICES.
ANY CONTENT ACCESSED THROUGH Meru community PROPERTIES, IS AT YOUR OWN RISK AND YOU SHALL BE SOLELY RESPONSIBLE FOR ANY LOSS THAT RESULTS FROM ACCESSING SUCH CONTENT.
No Liability for Conduct of Third Parties. YOU ACKNOWLEDGE AND AGREE THAT Meru community PARTIES ARE NOT LIABLE, AND YOU AGREE NOT TO SEEK TO HOLD Meru community LIABLE, FOR THE CONDUCT OF THIRD PARTIES, INCLUDING OPERATORS OF EXTERNAL SITES, AND THAT THE RISK OF ECONOMIC DAMAGES FROM SUCH THIRD PARTIES RESTS ENTIRELY WITH YOU. Meru community MAKES NO WARRANTY THAT THE SERVICES PROVIDED BY THIRD PARTIES WILL MEET YOUR REQUIREMENTS OR BE AVAILABLE ON AN UNINTERRUPTED, SECURE, OR ERROR-FREE BASIS. Meru community MAKES NO WARRANTY REGARDING THE QUALITY OF ANY SUCH SERVICES, OR THE ACCURACY, TIMELINESS, TRUTHFULNESS, COMPLETENESS OR RELIABILITY OF ANY USER CONTENT OBTAINED THROUGH Meru community PROPERTIES.
No Liability for Conduct of Other Users. YOU ARE SOLELY RESPONSIBLE FOR ALL OF YOUR COMMUNICATIONS AND INTERACTIONS WITH OTHER USERS (INCLUDING MEMBERS AND COACHES) OF Meru community PROPERTIES. YOU UNDERSTAND THAT Meru community DOES NOT MAKE ANY ATTEMPT TO VERIFY THE STATEMENTS OF USERS OF Meru community PROPERTIES.
Limitation of Liability
Disclaimer of Certain Damages. TO THE MAXIMUM EXTENT PERMITTED BY LAW, YOU UNDERSTAND AND AGREE THAT IN NO EVENT SHALL Meru community BE LIABLE FOR ANY INDIRECT, INCIDENTAL, SPECIAL, EXEMPLARY OR CONSEQUENTIAL DAMAGES ARISING OUT OF OR IN CONNECTION WITH THE SERVICES, OR FOR ANY DAMAGES RESULTING FROM LOSS OF USE, DATA OR PROFITS, ARISING OUT OF OR IN CONNECTION WITH THE SERVICES, WHETHER OR NOT Meru community HAS BEEN ADVISED OF THE POSSIBLITY OF SUCH DAMAGES, WHETHER BASED ON WARRANTY, COPYRIGHT, CONTRACT, TORT (INCLUDING NEGLIGENCE), OR ANY OTHER LEGAL THEORY.
Cap on Liability. UNDER NO CIRCUMSTANCES WILL Meru community BE LIABLE TO YOU FOR MORE THAN THE TOTAL AMOUNT PAID TO Meru community BY USER DURING THE TWELVE (12)-MONTH PERIOD PRIOR TO THE ACT, OMISSION OR OCCURRENCE GIVING RISE TO SUCH LIABILITY. THE FOREGOING CAP ON LIABILITY SHALL NOT APPLY TO LIABILITY OF Meru community FOR (A) DEATH OR PERSONAL INJURY CAUSED BY Meru community’S NEGLIGENCE; OR FOR (B) ANY INJURY CAUSED BY Meru community’S FRAUD OR FRAUDULENT MISREPRESENTATION.
User Content. EXCEPT FOR Meru community’S OBLIGATIONS TO PROTECT YOUR PERSONAL DATA AS SET FORTH IN ITS PRIVACY POLICY, Meru community ASSUMES NO RESPONSIBILITY FOR THE TIMELINESS, DELETION, MIS-DELIVERY OR FAILURE TO STORE ANY CONTENT (INCLUDING, BUT NOT LIMITED TO, YOUR CONTENT AND USER CONTENT), USER COMMUNICATIONS OR PERSONALIZATION SETTINGS.
Basis of the Bargain. THE LIMITATIONS OF DAMAGES SET FORTH ABOVE ARE FUNDAMENTAL ELEMENTS OF THE BASIS OF THE BARGAIN BETWEEN Meru community AND YOU. THE FOREGOING LIMITATIONS OF LIABILITY APPLY TO THE FULLEST EXTENT ALLOWED BY LAW.
Termination.
Termination. If you want to terminate the Services provided by Meru community, you may do so by emailing us at: info@meru.community We reserve the right to terminate your access to the Meru community Properties, at any time, for any reason, in our sole discretion.
Effect of Termination. Termination of the Services includes removal of access to the Services and interruption of further use of the Services. Upon termination of the Services, your right to use the Services will automatically and immediately terminate. All provisions of the Terms which by their nature should survive, shall survive termination of Services, including without limitation, ownership provisions, warranty disclaimers, and limitation of liability.
Deletion or Deactivation. You understand that any termination of Services may involve deletion or deactivation of Your Content or Account associated therewith from our live databases and Meru community will not have any liability whatsoever to you for any deletion or deactivation of Your Content or Account. Meru community will not have any liability whatsoever to you for any suspension or termination, including for deletion or deactivation of Your Content or Account. If you request that we delete or deactivate your Account, we will block access to your Account, but we will not delete any data or other information of the Meru community Services associated with that Account. You will not be able to use any Meru community Services that use the same user ID and password associated with the Account. If you wish to reactivate your online account to regain access to such Meru community Services, please contact us.
International Users. Meru community Properties can be accessed from countries around the world and may contain references to Services and Content that are not available in your country. These references do not imply that Meru community intends to announce such Services or Content in your country. Meru community Properties are controlled and offered by Meru community from its facilities in Singapore. Meru community makes no representations that Meru community Properties are appropriate or available for use in other locations. Those who access or use Meru community Properties from other countries do so at their own volition and are responsible for compliance with local law. Meru community reserves the right to limit the availability of the Website and/or Services to any person, geographic area, or jurisdiction it so desires at any time and in our sole discretion.
General Provisions.
Electronic Communications. The communications between you and Meru community use electronic means, whether you visit Meru community Properties or send Meru community e-mails, or whether Meru community posts notices on Meru community Properties or communicates with you via e-mail. For contractual purposes, you (a) consent to receive communications from Meru community in an electronic form; and (b) agree that all terms and conditions, agreements, notices, disclosures, and other communications that Meru community provides to you electronically satisfy any legal requirement that such communications would satisfy if it were to be in writing. The foregoing does not affect your statutory rights.
Assignment. The Terms, and your rights and obligations hereunder, may not be assigned, subcontracted, delegated or otherwise transferred by you without Meru community’s prior written consent, and any attempted assignment, subcontract, delegation, or transfer in violation of the foregoing will be null and void. Meru community may transfer its rights and obligations under these Terms to any company, firm or person at any time if it does not materially affect Your rights under it.
Force Majeure. Meru community shall not be liable for any delay or failure to perform resulting from causes outside its reasonable control, including, but not limited to, acts of God, epidemics, pandemics, war, terrorism, riots, embargos, acts of civil or military authorities, fire, floods, accidents, strikes or shortages of transportation facilities, fuel, energy, labor or materials.
Questions, Complaints, Claims. If you have any questions, complaints or claims with respect to Meru community Properties, please contact us at: info@meru.community. We will do our best to address your concerns. If you feel that your concerns have been addressed incompletely, we invite you to let us know for further investigation.