Terms of Use

Last Modified: 2/9/2023

Introduction

These terms of use are entered into by and between you and Cheetah House (“Company,” “we,” or “us”). The following terms and conditions, together with any documents they expressly incorporate by reference (collectively, “Terms of Use”), govern your access to and use of cheetahhouse.org, including any content, functionality, and services offered on or through cheetahhouse.org or any related websites, applications, or mobile applications offered or utilized by or through Cheetah House (collectively, the “Website”). 

Please read the Terms of Use carefully before you use the Website. By using the Website or by clicking to accept or agree to the Terms of Use when this option is made available to you, you accept and agree to be bound and abide by these Terms of Use and our Privacy Policy, found at  (https://www.cheetahhouse.org/privacy-policy-1), incorporated herein by reference. If you do not want to agree to these Terms of Use or the Privacy Policy, you must not access or use the Website. Certain elements or functionality of the Website may be subject to additional terms and conditions specified from time to time; your use of those elements or functions of the Website is subject to those additional terms and conditions, which are incorporated into these Terms of Use by reference.

The Website is offered and available to users who are eighteen (18) years of age or older, or the age of legal majority in your jurisdiction of residence. By using the Website, you represent and warrant that you are of legal age to form a binding contract with the Company. If you do not meet these requirements, you must not access or use the Website.

What We Do

The Company offers resources and support for those with adverse meditation experiences through text, graphics, images, videos, photographs, audio, interfaces, content, sounds, artwork, computer code, and other information or materials posted or provided on, by, or through the Website (collectively, the “Content”).

NOTHING STATED ON OR AVAILABLE THROUGH THE WEBSITE IS INTENDED TO BE, AND MUST NOT BE TAKEN TO BE, THE PRACTICE OF MEDICINE OR THE PROVISION OF OTHER PROFESSIONAL HEALTH CARE ADVICE BY COMPANY. NO LICENSED MEDICAL PROFESSIONAL/INDIVIDUAL RELATIONSHIP IS CREATED BETWEEN INDIVIDUALS AND THE COMPANY OR COMPANY REPRESENTATIVES BY USING THE CONTENT WHETHER PROVIDED BY OR THROUGH THE USE OF THE WEBSITE OR THROUGH ANY OTHER COMMUNICATIONS FROM COMPANY. 

Modifications to the Terms of Use

We may revise and update these Terms of Use from time to time in our sole discretion. All changes are effective immediately when we post them and apply to all access to and use of the Website thereafter. However, any changes to the dispute resolution provisions set forth in the “Governing Law and Jurisdiction” section below will not apply to any disputes for which the parties have actual notice on or prior to the date the change is posted on the Website.

Your continued use of the Website following the posting of revised Terms of Use means that you accept and agree to the changes. You are expected to check this page from time to time so you are aware of any changes, as they are binding on you.

Accessing the Website and Account Security

We reserve the right to withdraw or amend the Website, and any material we provide on the Website, in our sole discretion without notice. We will not be liable if all or any part of the Website is unavailable at any time or for any period. From time to time, we may restrict access to some or all parts of the Website, to users, including registered users.

You are responsible for both:

  • Making all arrangements necessary for you to have access to the Website.

  • Ensuring that all persons who access the Website through your internet connection are aware of these Terms of Use and comply with them.

To access the Website or some of the resources it offers, you may be asked to provide certain registration details or other information. It is a condition of your use of the Website that all the information you provide on is correct, current, and complete. You agree that all information you provide to register with the Website is governed by our Privacy Policy, and you consent to all actions we take with respect to your information consistent with our Privacy Policy.

Donations; Purchases; Payment Authorization

Donations and Purchases. You may donate to us or purchase certain services through the Website. If you purchase any services from us, you agree to pay the applicable fees specified when you register (plus any applicable taxes or other charges noted at checkout). Donations and purchases are processed by our payment processors, Stripe and PayPal. Any agreement you have with your payment provider governs your use of your specified payment method. We reserve the right, in our sole discretion, to refuse or cancel any donation or purchase for any reason.

Recurring Donations. You may make a recurring monthly donation. Should you wish to do so, your election to not terminate such recurring donation reaffirms monthly that we are authorized to process charges against your selected payment method for that particular month until you terminate the recurring donation. Absent such termination, we may continue to submit the charges for payment and you will be responsible for such charges. We may seek payment directly from you if your selected payment method is declined. Recurring donations may be cancelled upon request. Please contact us as described below. 

Payment Authorization. You may be asked to provide a payment method (such as credit, charge, or debit card number) for any donation or purchase. This information is collected, processed, and stored by a third-party payment processor, e.g. Stripe and PayPal. You represent and warrant that you are eighteen (18) years of age or older (or the age of legal majority in your jurisdiction of residence) and have the legal right to use all payment method(s) that you provide. Your authorizations in this section also apply to our third-party payment processors and any other companies who act as billing agents for us. You authorize us to charge your specified payment method with respect to your donation or purchase and/or to place a hold on your payment method with respect to any unpaid charges for your donation or purchase. You authorize the issuer of your selected payment method to pay any amounts described herein without requiring a signed receipt from you. You authorize us to continue to attempt to charge and/or place holds with respect to all sums described herein, or any portion thereof, to your payment method until such amounts are paid in full. You agree to provide updated payment information upon request and any time the information you previously provided is no longer valid. You acknowledge and agree that neither the Company, nor any Company third party vendor, will have any liability whatsoever for any insufficient funds or other charges incurred by you as a result of attempts to charge, and/or place holds on, your specified payment method as contemplated by these Terms of Use. If you provide a debit card number instead of a credit card number, you authorize all charges described herein to be applied to such debit card unless and until you provide a credit card number. 

Third-Party Payment Processors. You agree to make your donation or purchase to us through our third-party payment processors. You agree to make payment associated with such donation or purchase using the payment method provided. We reserve the right to correct, or to instruct our payment processors to correct, any errors or mistakes associated with such payment, even if payment has already been requested or received.

Refunds and Inquiries. Valid purchases are nonrefundable and there are no refunds or credits for partially completed services unless otherwise specified on the Website. If you believe you have been billed in error, please notify us within thirty (30) days of the billing date by contacting us as described below. The Company will not issue refunds after the expiration of this thirty (30) day period, except where required by applicable law. 

Intellectual Property Rights

The Website and its Content, features, and functionality (including but not limited to all information, software, text, displays, images, video and audio, and the design, selection and arrangement thereof), are owned by the Company, its licensors or other providers of such material and are protected by United States and international copyright, trademark, patent, trade secret and other intellectual property or proprietary rights laws.


These Terms of Use permit you to use the Website for your personal, non-commercial use only. You must not reproduce, distribute, modify, create derivative works of, publicly display, publicly perform, republish, download, store or transmit any of the material on the Website, except as follows:

  • Your computer may temporarily store copies of such materials in random access memory (“RAM”) incidental to your accessing and viewing those materials.

  • You may store files that are automatically cached by your Web browser for display enhancement purposes.

  • You may print or download one copy of a reasonable number of pages of the Website for your own personal, non-commercial use and not for further reproduction, publication, or distribution.

  • You may share a uniform resource locator (“URL”) from the Website with others.

You must not:

  • Modify or create derivative works based on any materials from the Website or any application provided to you, as applicable.

  • Use any illustrations, photographs, video or audio sequences or any graphics separately from the accompanying text.

  • Delete or alter any copyright, trademark, or other proprietary rights notices from copies of materials from the Website.

  • Access or use for any commercial purposes any part of the Website or any materials available through the Website.

If you print, copy, modify, download, or otherwise use or provide any other person with access to any part of the Website in breach of these Terms of Use, your right to use the Website will cease immediately and you must, at our option, return or destroy any copies of the materials you have made. No right, title, or interest in or to the Website, or any Content thereof, is transferred to you, and all rights not expressly granted are reserved by the Company. Any use of the Website not expressly permitted by these Terms of Use is a breach of such Terms of Use and may violate applicable copyright, trademark, and other laws.

Prohibited Uses

You may use the Website only for lawful purposes and in accordance with these Terms of Use. You agree not to use the Website:

  • In any way that violates any applicable law or regulation or otherwise give rise to liability.

  • To upload, distribute, or otherwise publish through the Website any content that is confidential, proprietary, false, fraudulent, libelous, defamatory, obscene, threatening, invasive of privacy or publicity rights, infringing on intellectual property rights, abusive, illegal, or otherwise objectionable.

  • To engage in any other conduct that restricts or inhibits anyone’s use or enjoyment of the Website, or which, as determined by us, may harm the Company or users of the Website or expose them to liability.

  • To impersonate any person or entity or otherwise mislead as to the origin of any content.

  • To upload commercial content onto the Website. 

  • In any manner that could disable, overburden, damage, or impair the Website or interfere with any other party’s use of the Website.

  • With any robot, spider or other automatic device, process or means, or any manual process, to access the Website for any purpose, including monitoring or copying any of the material on the Website.

  • With any device, software or routine that interferes with the proper working of the Website, or introduces any viruses, Trojan horses, worms, logic bombs or other material that is malicious or technologically harmful, including chain letters, mass mailings or any form of “spam.”

  • To attempt to gain unauthorized access to, interfere with, damage, or disrupt any parts of the Website, the server on which the Website is stored, or any server, computer or database connected to the Website.

  • To attack the Website via a denial-of-service attack or a distributed denial-of-service attack.

User Content Policy 

Users may be able to post, submit, publish, display, or transmit to other users or other persons (hereinafter “post”) content (hereinafter “User Content”) on or through the Website.

All User Content must comply with our User Content Policy as herein set forth in these Terms of Use. All User Content:

  • Must not include hyperlinks.

  • Must not include profane or inappropriate words.

  • Must not taunt us or other Website users.

  • Must not involve commercial activities or sales.

  • Must not give the impression that they emanate from or are endorsed by us or any other person if this is not the case.

  • Must not infringe any patent, trademark, trade secret, copyright or other intellectual property or other rights of any other person.

  • Must comply with all applicable laws and regulations.

  • Must comply with these Terms of Use.

You are responsible for any User Content you post, including its legality, reliability, accuracy, and appropriateness. By providing User Content on the Website, you grant us and our licensees, successors and assigns the right to use, reproduce, modify, display, distribute and otherwise disclose to third parties any such material in our sole discretion. We reserve the right to remove any User Content that violates these Terms of Use or for any other reason which we deem appropriate.

Monitoring and Enforcement; Termination

We have the right to:

  • Refuse to accept any donation or purchase for any reason in our sole discretion.

  • Disclose your identity or other information about you to any third party who claims that material posted by you violates their rights, including their intellectual property rights or their right to privacy.

  • Take appropriate legal action, including without limitation, referral to law enforcement, for any illegal or unauthorized use of the Website.

  • Terminate or suspend your access to all or part of the Website for any reason, including without limitation, any violation of these Terms of Use.

Without limiting the foregoing, we have the right to fully cooperate with any law enforcement authorities or court order requesting or directing us to disclose the identity or other information of anyone making a donation or purchase or posting any materials on or through the Website. YOU WAIVE AND HOLD HARMLESS THE COMPANY FROM ANY CLAIMS RESULTING FROM ANY ACTION TAKEN BY THE COMPANY DURING OR AS A RESULT OF ITS INVESTIGATIONS AND FROM ANY ACTIONS TAKEN AS A CONSEQUENCE OF INVESTIGATIONS BY EITHER THE COMPANY OR LAW ENFORCEMENT AUTHORITIES.

We assume no liability for any action or inaction regarding transmissions, communications or content provided by any third party. We have no liability or responsibility to any Website user for performance or nonperformance of the activities described in this section.

Copyright Infringement

We respect the intellectual property of others. If you believe that any Content published on our Website violates your copyright, please contact us as described below.

Changes to the Website 

Content on the Website is updated from time to time and we reserve the right to update, add to, modify, enhance, remove, alter, or otherwise change the Content at any time in our sole discretion. 

Linking to the Website and Social Media Features

You may link to the homepage of the Website, provided you do so in a way that is fair and legal and does not damage our reputation or take advantage of it, but you may not establish a link in such a way as to suggest any form of association, approval, or endorsement on our part. You agree to cooperate with us in causing any unauthorized framing or linking immediately to cease. We reserve the right to withdraw linking permission without notice. 

Third-Party Materials 

The Website may display, include, or make available third-party content (including data, information, applications, and other products, services, and/or materials) or provide links to third-party websites or services (“Third-Party Materials”). You acknowledge and agree that we are not responsible for Third-Party Materials, including their accuracy, completeness, timeliness, validity, copyright compliance, legality, decency, quality, or any other aspect thereof. We do not assume and will not have any liability or responsibility to you or any other person or entity for any Third-Party Materials. Third-Party Materials and links thereto are provided solely as a convenience to you, and you access and use them entirely at your own risk and subject to such third parties’ terms and conditions. 

Disclaimer of Warranties

YOUR USE OF THE WEBSITE, ITS CONTENT AND ANY ITEMS OR SERVICES OBTAINED THROUGH THE WEBSITE IS AT YOUR OWN RISK. IN NO EVENT SHALL WE BE LIABLE TO YOU OR ANYONE ELSE FOR ANY DECISION MADE OR ACTION TAKEN IN RELIANCE ON ANY CONTENT ON THE WEBSITE OR THE USE OF ANY ITEMS OR SERVICES OFFERED THROUGH THE WEBSITE. THE WEBSITE, ITS CONTENT AND ANY ITEMS OR SERVICES OBTAINED THROUGH THE WEBSITE, ARE PROVIDED ON AN “AS IS” AND “AS AVAILABLE” BASIS WITHOUT ANY WARRANTIES OF ANY KIND, EITHER EXPRESS OR IMPLIED, INCLUDING WITHOUT LIMITATION ANY WARRANTY OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE OR NON-INFRINGEMENT. WE MAKE NO WARRANTY OR REPRESENTATION REGARDING THE RESULTS THAT MAY BE OBTAINED FROM THE USE OF THE WEBSITE, REGARDING THE ACCURACY OR RELIABILITY OF ANY INFORMATION OBTAINED THROUGH THE WEBSITE OR THAT THE WEBSITE WILL MEET ANY USER’S REQUIREMENTS, OR BE UNINTERRUPTED, TIMELY, SECURE OR ERROR FREE. USE OF THE WEBSITE IS AT YOUR SOLE RISK. IF YOU DOWNLOAD ANY MATERIALS FROM THE WEBSITE, YOU DO SO AT YOUR OWN DISCRETION AND RISK. YOU WILL BE SOLELY RESPONSIBLE FOR ANY DAMAGE TO YOUR COMPUTER SYSTEM OR LOSS OF DATA THAT RESULTS FROM THE DOWNLOAD OF ANY SUCH MATERIALS. WE DO NOT IN ANY WAY ENDORSE OR RECOMMEND ANY INDIVIDUAL PROVIDER ACCESSIBLE THROUGH THE WEBSITE; OR THAT ANY THIRD-PARTY OPINION, RESEARCH, OR OTHER INFORMATION IS ACCURATE OR SAFE, APPROPRIATE, OR EFFECTIVE FOR YOU. THE FOREGOING DOES NOT AFFECT ANY WARRANTIES WHICH CANNOT BE EXCLUDED OR LIMITED UNDER APPLICABLE LAW.

Limitation on Liability

TO THE FULLEST EXTENT PROVIDED BY LAW, IN NO EVENT WILL THE COMPANY, OR ITS LICENSORS, SERVICE PROVIDERS, EMPLOYEES, AGENTS, OFFICERS OR DIRECTORS BE LIABLE FOR LOSS OF USE, LOST PROFIT, COST OF COVER, LOSS OF DATA, BUSINESS INTERRUPTION, OR ANY INDIRECT, INCIDENTAL, CONSEQUENTIAL, PUNITIVE, SPECIAL, OR EXEMPLARY DAMAGES ARISING OUT OF OR RELATED TO THE WEBSITE OR ANY CONTENT ON THE WEBSITE, HOWEVER CAUSED AND REGARDLESS OF THE FORM OF ACTION, WHETHER IN CONTRACT, TORT (INCLUDING NEGLIGENCE) STRICT LIABILITY, OR OTHERWISE, EVEN IF FORESEEABLE. ANY CAUSE OF ACTION OR CLAIM YOU MAY HAVE ARISING OUT OF OR RELATING TO THESE TERMS OF USE OR THE WEBSITE MUST BE COMMENCED WITHIN ONE (1) YEAR AFTER THE CAUSE OF ACTION ACCRUES; OTHERWISE, SUCH CAUSE OF ACTION OR CLAIM IS PERMANENTLY BARRED. THE FOREGOING DOES NOT AFFECT ANY LIABILITY WHICH CANNOT BE EXCLUDED OR LIMITED UNDER APPLICABLE LAW. TO THE EXTENT THAT ONE OR ANY ASPECT OF OUR LIMITATIONS SET FORTH ABOVE DOES NOT APPLY, ALL REMAINING ASPECTS SURVIVE.

Indemnification

You agree to defend, indemnify and hold harmless the Company, licensors and service providers, and its and their respective officers, directors, employees, contractors, agents, successors and assigns from and against any third party claims, liability, damages and/or costs (including, but not limited to, attorneys’ fees) arising out of or relating to your violation of these Terms of Use, your use of the Website, or the infringement or violation by you or any other user of your account, of any intellectual property or other right of any person or entity or applicable law.

Governing Law and Jurisdiction

All matters relating to the Website and these Terms of Use, and any dispute or claim arising therefrom or related thereto, shall be governed by and construed in accordance with the laws of Rhode Island without giving effect to any choice or conflict of law provision.

Any legal suit, action or proceeding arising out of, or related to, these Terms of Use or the Website shall be instituted exclusively in the federal courts of the United States or the courts of Rhode Island although we retain the right to bring any suit, action or proceeding against you for breach of these Terms of Use in your country of residence or any other relevant country. You waive all objections to the exercise of jurisdiction over you by such courts and to venue in such courts.

We recognize that it is possible for you to obtain access to this Website from any jurisdiction in the world, but we have no practical ability to prevent such access. The Website has been designed to comply with the laws of the Rhode Island and of the United States. If any material provided on or through the Website, or your use of the Website, is contrary to the laws of the place where you are when you access the Website, the Website are not intended for your use, and we ask you not to use the Website. You are responsible for informing yourself of the laws of your jurisdiction and complying with them.

Arbitration

At our sole discretion, we may require you to submit any disputes arising from these Terms of Use or use of the Website, including disputes arising from or concerning their interpretation, violation, invalidity, non-performance, or termination, to final and binding arbitration under the Commercial Rules of Arbitration of the American Arbitration Association applying Rhode Island law. This arbitration provision shall survive any termination of these Terms of Use.

Waiver and Severability

No waiver by the Company of any term or condition set forth in these Terms of Use shall be deemed a further or continuing waiver of such term or condition or a waiver of any other term or condition, and any failure of the Company to assert a right or provision under these Terms of Use shall not constitute a waiver of such right or provision.

If any provision of these Terms of Use is held by a court or other tribunal of competent jurisdiction to be invalid, illegal, or unenforceable for any reason, such provision shall be eliminated or limited to the minimum extent such that the remaining provisions of the Terms of Use will continue in full force and effect.

Entire Agreement

The Terms of Use, together with our Privacy Policy, constitute the sole and entire agreement between you and the Company with respect to the Website and supersede all prior understandings and agreements with respect to the Website, except that if you have executed a separate written agreement governing your use of the Website, then such agreement shall control to the extent that any provision of this the Terms of Use conflicts with the terms of such agreement. 

Contact Us

The Website is owned and operated by Cheetah House: 185 Brown Street, Providence, RI 02906, USA. All feedback, comments, requests for technical support and other communications relating to the Website should be directed to CheetahHouse.org@gmail.com.