These are the terms and conditions related to the Sashya Living Corporation, a Virginia Corporation Doing Business As (DBA) MyQStudio.com. (“Q Studio”, “we”, “us”, or “our”).
These terms apply to and include but are not limited to any services, facilities and resources provided by MyQstudio.com or its representatives through any form of communication or interaction., the use of our mobile app platforms (“App”, “Apps”, “Applications”) including the use of our website https://www.myqstudio.com/ (the “Site”).
Please read our terms of use carefully. Your continued use of our services, facilities and resources (including this website, other sites and apps) affirms your acceptance of these terms of use.
Last updated: Aug 25, 2023
DEFINITIONS:
VISITOR: Any person who is not a REGISTERED SUBSCRIBER accessing our RESOURCES either on the internet or in person either directly or using any technology, bot etc. As a visitor you can view publicly available content and email us.
REGISTERED SUBSCRIBER: A Registered Subscriber is a person who has been accepted as such and is eligible to access our Services, Facilities and Resources. A Registered Subscriber may be either be registered in an individual capacity or through benefits provided by a SPONSOR.
SPONSOR: A person or legal entity including but not limited to a company, firm, employer, business or individual.
SERVICES: Any services to include, consulting, coaching, providing access, customer support, troubleshooting, correspondence, or any other form of provision of any communication or information.
FACILITIES: Any facility operated by us to which we control access.
RESOURCES: Any resource, information or technology in the form of text, video, audio, technology (apps, websites, sites), printed and digital provided by us to include any form of communication or correspondence.
TECHNOLOGY: Any technology provided by MyQStudio.Com including any Resources, Equipment, Applications etc.
AGREEMENT: This document that includes the Terms of Use, our Privacy Policy as well as any other terms and conditions we may from time to time incorporate or change.
PRIVACY POLICY: Our Privacy Policy incorporated by reference to this AGREEMENT
We provide Visitors with access to this Site and Registered Subscribers (as defined below) with access to our services, facilities and resources subject to the following Terms of Use.
By browsing this website, or other sites, apps and/or by clicking “I AGREE,” or otherwise manifesting your assent to this Agreement, when you sign up to access and use any of our Apps, you acknowledge that you have read, understood, and agree to be legally bound by these Terms of Use and our Privacy Policy, which is hereby incorporated by reference (collectively, this “Agreement”). If you do not agree to any of these terms, then please do not use our Services, Facilities, Resources, our Site and/or our Apps. We may modify the terms and conditions of these Terms of Use from time to time with or without notice to you. By continuing to use our Services, Facilities and Resources or by continuing to access the Site and/or use our Apps after we have posted a modification on the Site and/or the Apps, you are indicating that you agree to be bound by the modified Agreement. If the modified Agreement is not acceptable to you, your only recourse is to cease using our Services, Facilities and Resources.
THE SECTIONS BELOW TITLED “BINDING ARBITRATION” AND “CLASS ACTION WAIVER” CONTAIN A BINDING ARBITRATION AGREEMENT AND CLASS ACTION WAIVER. THEY AFFECT YOUR LEGAL RIGHTS. PLEASE READ THEM.
I. NO PROFESSIONAL PHYSICAL OR MENTAL HEALTH ASSESSMENT, DIAGNOSIS OR TREATMENT
You acknowledge and agree that MyQStudio.com does not in any manner whatsoever provide any form of professional physical or mental health therapy, assessment, opinion, advice, diagnosis, or treatment, does not evaluate the need to seek medical attention or will not provide a medical diagnosis. Our Services, Facilities and Resources only provide the venue through which you can participate and access mental health educational content. Our Services, Facilities and Resources including our Sites and Apps are for informational and educational purposes only and are not intended as a substitute for professional mental or physical health therapy, assessment, opinion, advice, diagnosis, or treatment.
ALWAYS seek the advice of your physician or other qualified professional physical or mental health provider with any questions you may have regarding a medical assessment, condition, treatment or diagnosis. Never disregard professional medical advice or delay in seeking it because of something you read or hear from our Services, Facilities and Resources (in our facilities, through our representatives, on the Site, the App, and/or any other resources). You acknowledge and agree that by accessing and using the App, you are not entering into a doctor-patient, provider-patient, or therapist-patient relationship with us, or anyone related to us. If you think you may have a medical or mental health emergency, call your doctor or 911 immediately. You acknowledge that reliance on our Services, Facilities and Resources including our Sites and Apps to make physical and mental health decisions is solely at your own risk.
II. DESCRIPTION OF USERS
MyQStudio.com is under no obligation to accept any individual as a Registered Subscriber and may accept or reject any registration in its sole and complete discretion. In addition, we may deactivate any account at any time, including, without limitation, if it determines that a Registered Subscriber has violated these Terms of Use.
We reserve the right, in our sole and absolute discretion, to deny you access to our Services, Facilities and / or Resources including Sites and/or Apps, or any portion thereof, without notice, and to remove any content without assigning any reasons whatsoever.
III. RESTRICTIONS
Our Services, Facilities and Resources including our Sites and Apps are available for adults to sign up. If you are not an adult, please do not use our services, facilities or resources without appropriate consent forms completed by your parent / guardian.
IV. USE OF PERSONAL INFORMATION
Your use of our services, facilities and resources including our Sites and Apps may involve the transmission to us of certain personal information. While we endeavor not to collect any personally identifiable information (PII), our policies with respect to the collection and use of any information exchanged by us is governed according to our Privacy Policy (located at https://myqstudio.com/privacy-policy), which is hereby incorporated by reference in its entirety.
V. SUBSCRIPTION & FEES
You must be a Registered Subscriber to use the functionality in our Apps. Payment of applicable fees by you or your Sponsor is required to maintain a Registered Subscriber status.
We may use a third-party payment vendor (“Third Party Payment Vendor”) to process your payment of the applicable fees. You warrant and represent that you are the valid owner or an authorized user, of the credit card or payment account that you provide to such Third-Party Payment Vendor, and that all information you provide is accurate.
We reserve the right to institute new or additional fees, at any time upon notice to you.
VI. REGISTRATION
You must register with a personal email address in order to use our Services, Facilities and Resources. You represent and warrant that all information you provide to us during registration is truthful and accurate, and you will maintain the accuracy of such registration information. You are responsible for the confidentiality of your access information. You will promptly inform us of any need to deactivate a username or password. We reserve the right to delete or change your username and/or password at any time and for any reason.
VII. ACCOUNT DELETION
At your request, we will delete your account on the App and your personal information that is in our possession or control within a reasonable period upon receipt of your request. Please note that only your personal information that is in our possession or control will be deleted and we will continue to maintain any other data derived or based on your personal information, including but not limited to any aggregate information that we or any of our third-party service providers have created. Please note that the account cannot be recovered once it is deleted. Please back up all account-related information and data before you delete your account. We will not be liable for any loss of data or information caused therefrom.
VIII. RECORDINGS
We may automatically record information from your interactions with us (“RECORDINGS”). This information may be traceable to your account or in some cases (when indicated) collected anonymously (without linkage to your account). We value your privacy, and we only use these recordings for our internal business purposes, including but not limited to, improving our Services, Facilities and Resources, quality and safety assurance, product development, benchmarking, analytics and other valid business reasons. All recordings are managed subject to our Privacy Policy. We may use your recordings to provide additional services or resources to you. You acknowledge that we may use Recordings for the purposes set forth above.
IX. INTELLECTUAL PROPERTY
You may be exposed to our intellectual property including but not limited to materials, such as software, text, graphics, images, sound recordings, audiovisual works, and other materials provided by us or on our behalf (collectively referred to as the “Our IP”). Our IP whether
owned by us or owned by third parties and used under license is protected under both United States and foreign laws. Unauthorized use of the IP may violate copyright, trademark, and other laws. You have no rights in or to our IP, and you will not use our IP except as permitted under this Agreement. No other use is permitted without prior written consent from us. You must retain all copyright and other proprietary notices contained in our IP on any copy you make of our IP. You may not sell, transfer, assign, license, sublicense, or modify our IP or reproduce, display, publicly perform, make a derivative version of, distribute, or otherwise use our IP in any way for any public or commercial purpose. The use or posting of our IP on any other website or in a networked computer environment for any purpose is expressly prohibited.
If you violate any part of this Agreement, your permission to access and/or use our IP, Services, Facilities and Resources including but not limited to Sites and Apps automatically terminates and you must immediately destroy any copies you have made of our IP.
Our trademarks, service marks, and logos (“MyQStudio.com Trademarks”) used and displayed on the Site and the App are registered and unregistered trademarks or service marks of Sashya Living Corporation DBA MyQStudio.Com. Other company, product, and service names located on the Site and the App may be trademarks or service marks owned by others (the “Third-Party Trademarks”, and, collectively with the MyQStudio.Com Trademarks, the “Trademarks”). Nothing on the Site and the App should be construed as granting, by implication, estoppel, or otherwise, any license or right to use the Trademarks, without our prior written permission specific for each such use. Use of the Trademarks as part of a link to or from any site is prohibited unless establishment of such a link is approved in advance by us in writing. All goodwill generated from the use of the MyQStudio.Com Trademarks inures to our benefit.
Elements of our Services, Facilities and Resources including but not limited to our Sites and Apps are protected by trade dress, trademark, unfair competition, and other state and federal laws and may not be copied or imitated in whole or in part, by any means. None of our IP may be retransmitted without our express, written consent for every instance.
X. COMMUNICATIONS WITH US
You should not communicate over email any information that contains private or confidential physical or mental health information. With respect to all information you send to us, including but not limited to, feedback, questions, comments, suggestions, and the like, we shall be free to use any ideas, concepts, know-how, or techniques contained in your communications for any purpose whatsoever, including but not limited to, the development, production and marketing of products and services that incorporate such information.
XI. NO WARRANTIES/LIMITATION OF LIABILITY
NONE OF MYQSTUDIO.COM, ITS AFFILIATES, REPRESENTATIVES, SUBSIDIARIES, OR ITS OR THEIR OFFICERS, DIRECTORS, EMPLOYEES OR AGENTS (COLLECTIVELY THE “MYQSTUDIO.COM PARTIES”) ENDORSE OR RECOMMEND ANY RESOURCE AS A REMEDY, TREATMENT OR CURE. THERE IS NO IMPLIED OR EXPRESSED WARRANTY TO THE ACHIEVEMENT OF ANY OBJECTIVE. ANY RECOMMENDATIONS ARE PURELY SUGGESTIONS THAT YOU ACKNOWLEDGE AND AGREE TO FOLLOW AT YOUR OWN VOLITION. YOU ACKNOWLEDGE AND AGREE THAT OUR SERVICES, FACILITIES AND RESOURCES ARE MERELY ENABLERS THAT MAY ALLOWS YOU TO MAKE CHANGES TO YOUR LIFESTYLE. NONE OF THE MYQSTUDIO.COM PARTIES HAS ANY RESPONSIBILITY OR LIABILITY WITH RESPECT TO ANY SERVICE, FACILITY OR RESOURCE WHICH YOU MAY USE OR ENGAGE IN OR ANY RESULTS CAUSED BY SUCH USAGE OR ENGAGEMENT, INCLUDING WITHOUT LIMITATION, ANY DEATH, OR BODILY INJURY YOU MAY SUFFER. FOR THE AVOIDANCE OF DOUBT, THE FOREGOING SENTENCE DOES NOT APPLY TO CONSUMERS LOCATED IN NEW JERSEY.
THE SERVICES, FACILITIES AND RESOURCES INCLUDING SITES, APPS, AND OUR IP ARE PROVIDED ON AN “AS IS” AND “AS AVAILABLE” BASIS WITHOUT ANY WARRANTIES OF ANY KIND. WE DISCLAIM ALL WARRANTIES, INCLUDING, BUT NOT LIMITED TO, THE WARRANTY OF TITLE, MERCHANTABILITY, NON-INFRINGEMENT OF THIRD PARTIES’ RIGHTS, AND FITNESS FOR PARTICULAR PURPOSE, AND ANY WARRANTIES ARISING FROM A COURSE OF DEALING, COURSE OF PERFORMANCE, OR USAGE OF TRADE.
IN CONNECTION WITH ANY WARRANTY, CONTRACT, OR COMMON LAW TORT CLAIMS: (I) NONE OF THE MYQSTUDIO.COM PARTIES SHALL BE LIABLE FOR ANY INCIDENTAL OR CONSEQUENTIAL DAMAGES, LOST PROFITS, OR DAMAGES RESULTING FROM LOST DATA OR BUSINESS INTERRUPTION RESULTING FROM THE USE OR INABILITY TO ACCESS AND USE OUR SERVICES, FACILITIES OR RESOURCES, EVEN IF SUCH MYQSTUDIO.COM PARTY HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES; AND (II) ANY DIRECT DAMAGES THAT YOU MAY SUFFER AS A RESULT OF YOUR USE OF OUR SERVICES, FACILITIES OR RESOURCES SHALL BE LIMITED TO ONE HUNDRED DOLLARS ($100).
SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OF CERTAIN WARRANTIES. THEREFORE, SOME OF THE ABOVE LIMITATIONS ON WARRANTIES IN THIS SECTION MAY NOT APPLY TO YOU.
OUR SERVICES, FACILITIES OR RESOURCES MAY CONTAIN TECHNICAL INACCURACIES OR TYPOGRAPHICAL ERRORS OR OMISSIONS. WE ARE NOT RESPONSIBLE FOR ANY SUCH TYPOGRAPHICAL OR TECHNICAL ERRORS. WE RESERVE THE RIGHT TO MAKE CHANGES, CORRECTIONS, AND/OR IMPROVEMENTS TO OUR SERVICES, FACILITIES AND RESOURCES AT ANY TIME WITHOUT NOTICE.
XII. EXTERNAL INFORMATION
We may provide you with links to other sources of information (EXTERNAL INFORMATION) through our Services, Facilities and Resources. These links are provided solely as a convenience to you and not as an endorsement by us of the content on such External Information. The content of such External Information is developed and provided by others. You should contact the owners of such External Information if you have any concerns regarding such links or any content located on such locations. We are not responsible for the content of any linked External Information and do not make any representations regarding the content or accuracy of materials on such locations. You should take precautions when downloading files from all websites to protect your computer from viruses and other destructive programs. If you decide to access linked External Information, you do so at your own risk.
XIII. INDEMNIFICATION
You agree to defend, indemnify, and hold harmless the MyQStudio.Com Parties from and against any claims, actions, or demands, including, without limitation, reasonable legal and accounting fees, arising or resulting from: (i) your breach of this Agreement; (ii) your misuse of the Services, Facilities and Resources; and (iii) your violation of any third-party right, including without limitation any copyright, trademark, property, or privacy right.
XIV. COMPLIANCE WITH APPLICABLE LAWS
Our Services, Facilities and Resources are based in the United States. We make no claims concerning whether these may be downloaded, viewed, or be appropriate for use outside of the United States. If you access our Services or Resources from outside of the United States, you do so at your own risk. Whether inside or outside of the United States, you are solely responsible for ensuring compliance with the laws of your specific jurisdiction.
XV. TERMINATION OF THE AGREEMENT
We reserve the right, in our sole discretion, to restrict, suspend, or terminate this Agreement and your access to all or any part of our Services, Facilities or Resources, at any time and for any reason without prior notice or liability. We reserve the right to change, suspend, or discontinue all or any part of our Services, Facilities or Resources at any time without prior notice or liability.
XVI. BINDING ARBITRATION
In the event of a dispute arising under or relating to this Agreement, our Services, Facilities, Resources or any other products or services provided by us (each, a “Dispute”), such dispute will be finally and exclusively resolved by binding arbitration governed by the Federal Arbitration Act (“FAA”). NEITHER PARTY SHALL HAVE THE RIGHT TO LITIGATE SUCH CLAIM IN COURT OR TO HAVE A JURY TRIAL. NOTWITHSTANDING THE FOREGOING, EITHER PARTY MAY BRING ITS CLAIM IN ITS LOCAL SMALL CLAIMS COURT, IF PERMITTED BY THAT SMALL CLAIMS COURT RULES AND IF WITHIN SUCH COURT’S JURISDICTION. ARBITRATION IS DIFFERENT FROM COURT, AND DISCOVERY AND APPEAL RIGHTS MAY ALSO BE LIMITED IN ARBITRATION. All disputes will be resolved before a neutral arbitrator, whose decision will be final except for a limited right of appeal under the FAA. The arbitration shall be commenced and conducted by the Judicial Arbitration and Mediation Services (“JAMS”) pursuant to its then current Comprehensive Arbitration Rules and Procedures and in accordance with the Expedited Procedures in those rules, or, where appropriate, pursuant to JAMS’ Streamlined Arbitration Rules and Procedures. All applicable JAMS’ rules and procedures are available at the JAMS website http://www.jamsadr.com. Each party will be responsible for paying any JAMS filing, administrative and arbitrator fees in accordance with JAMS rules. Judgment on the arbitrator’s award may be entered in any court having jurisdiction. This clause shall not preclude parties from seeking provisional remedies in aid of arbitration from a court of appropriate jurisdiction. The arbitration may be conducted in person, through the submission of documents, by phone, or online. If conducted in person, the arbitration shall take place in the United States county where you reside. The parties may litigate in court to compel arbitration, to stay a proceeding pending arbitration, or to confirm, modify, vacate or enter judgment on the award entered by the arbitrator. The parties shall cooperate in good faith in the voluntary and informal exchange of all non-privileged documents and other information (including electronically stored information) relevant to the Dispute immediately after commencement of the arbitration. Nothing in this Agreement will prevent MyQStudio.Com from seeking injunctive relief in any court of competent jurisdiction as necessary to protect our proprietary interests.
XVII. CLASS ACTION WAIVER
You agree that any arbitration or proceeding shall be limited to the Dispute between us and you individually. To the full extent permitted by law, (i) no arbitration or proceeding shall be joined with any other; (ii) there is no right or authority for any Dispute to be arbitrated or resolved on a class action-basis or to utilize class action procedures; and (iii) there is no right or authority for any Dispute to be brought in a purported representative capacity on behalf of the general public or any other persons. YOU AGREE THAT YOU MAY BRING CLAIMS AGAINST US ONLY IN YOUR INDIVIDUAL CAPACITY, AND NOT AS A PLAINTIFF OR CLASS MEMBER IN ANY PURPORTED CLASS OR REPRESENTATIVE PROCEEDING.
21. MISCELLANEOUS
This Agreement is governed by laws of the Commonwealth of Virginia, without respect to its conflict of laws provisions. If this Agreement is terminated in accordance with the Termination provision above, such termination shall not affect the validity of the following provisions of this Agreement, which shall remain in full force and effect: “Fees,” “Intellectual Property,” “Communications with Us,” “No Warranties; Limitation of Liability,” “Indemnification,” “Termination of the Agreement,” “Binding Arbitration,” “Class Action Waiver,” and “Miscellaneous.”
Our failure to act on or enforce any provision of the Agreement shall not be construed as a waiver of that provision or any other provision in this Agreement. No waiver shall be effective against us unless made in writing, and no such waiver shall be construed as a waiver in any other or subsequent instance. Except as expressly agreed by us and you in writing, this Agreement constitutes the entire Agreement between you and us with respect to the subject matter, and supersedes all previous or contemporaneous agreements, whether written or oral, between the parties with respect to the subject matter. The section headings are provided merely for convenience and shall not be given any legal import. This Agreement will inure to the benefit of our successors, assigns, licensees, and sublicensees.
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