Last revised December 1, 2008
NOOMII (www.noomii.com or “the Website" or “the Site”), the home of Pair Coaching, is an online collaboration tool that enables any two people to life coach each other. The Noomii Website Service, hereafter referred to as “the Service” or “the Services”, is operated by PairCoach Enterprises Inc. If you continue to browse and use the Website, you are agreeing to comply with and be bound by the following terms and conditions of use (the “Terms”), which together with our privacy policy govern the Company’s relationship with you in relation to the Service.
The term “Noomii” or “PairCoach” or “us” or “we” or “the Company” or “our Company” refers to the owner of the Website, PairCoach Enterprises Inc., whose principle place of business is 245 – 167 West 2nd Avenue, Vancouver, British Columbia, V5Y 1B8, Canada. The Company is incorporated under the Canadian Business Corporations Act, corporation number 676403-7. The term “you” refers to the user or viewer of the Website.
In order to use the Website, you must first agree to the Terms. You may not use the Service if you do not accept the Terms. You can accept the Terms by: (a) clicking to accept or agree to the Terms, where this option is made available to you by Noomii in the user interface; or (b) by actually using the Website. In this case, you understand and agree that Noomii will treat your use of the Website as acceptance of the Terms from that point onwards.
You may not use the Service and may not accept the Terms if (a) you are not of legal age in your jurisdiction of primary residency to form a binding contract with Noomii, or (b) you are a person barred from receiving the Services under any relevant laws of any jurisdiction that affects you.
You may not use a false e-mail address, impersonate any person or entity, or otherwise mislead as to the origin of yourself or of any content you may contribute to the Service. Noomii reserves the right (but not the obligation) to terminate such accounts, and in cases of misappropriation of identity or fraud, take all further legal action as we deem appropriate.
We reserve the right, at our sole discretion, to change, modify, add, or delete portions of these Terms at any time without further notice. If we do this, we will post the changes to these Terms on this page and will indicate at the top of this page the date these Terms were last revised. Your continued use of the Service after any such changes constitutes your acceptance of the new Terms. If you do not agree to abide by these or any future Terms, do not use or access (or continue to use or access) the Service. It is your responsibility to regularly check the Website to determine if there have been changes to these Terms of Service and to review such changes.
Noomii grants you a limited license to access and make personal use of this Website. This license does not include: (a) any resale or commercial use of this Site or its contents; (b) any collection and use of any postings; © any derivative commercial use of this Site or its contents; (d) or any commercial use of data mining, robots, or similar data gathering and extraction tools. No portion of this Site may be reproduced, duplicated, copied, sold, resold, visited, or otherwise exploited for any commercial purpose without express written consent of Noomii. You may not frame or utilize framing techniques to enclose any of our trademarks, logos, or other proprietary information (including images, text, page layout, or form). You may not use any meta tags or any other “hidden text” utilizing our name, trademarks or other proprietary information.
If you have registered with Noomii, you are responsible for maintaining the confidentiality of log-in information and for restricting access to your computer, and you agree to accept responsibility for all activities that occur under your account or password regardless of who actually uses your account name or password.
Once you have registered with the Service you may accept an invitation to coach other person(s), hereinafter referred to as the “Recipient(s)”. You agree that all interaction with Recipients shall be respectful and positive, and shall under no circumstances be abusive, derogatory, defamatory, sexist, racist, illegal or false. You shall also keep all information that you learn or discover from any Recipient as completely confidential, and shall not disclose this information to anyone without the Recipient’s or our permission, except where required by law or in a situation where an imminent risk to someone may be involved.
The Website and the Services offered herein are provided solely as a forum and technical means to connect two people interested in having a guided coaching conversation and does not represent itself as being licensed to provide counseling, psychotherapy, or psychiatric evaluation, psychiatric therapy, or any other service requiring professional accreditation.
You are advised that there are clear boundaries surrounding the responsibilities between coaching and psychotherapy, counseling, or other medical treatments in psychology and psychiatry. Specifically, coaching involves providing education and guidance to those seeking to learn and implement a self-directed discovery process respecting their own lives. However, it is important to understand that this is different than psychotherapy, counseling, or other medical treatments in psychology and psychiatry. While both utilize knowledge of human behavior, motivation and behavioral change and interactive techniques, the major differences are in the goals, focus, and level of professional responsibility. Psychotherapy, counseling, or other medical treatments in psychology and psychiatry are health care services and are usually reimbursable through health insurance policies and require licensed health care professionals with accredited training to render. This is not true for coaching. The focus of coaching is development and implementation of strategies to reach client-identified goals of enhanced performance and personal satisfaction. Coaching utilizes personal strategic planning, values clarification, brainstorming, motivational skills, and other similar techniques. However, coaching does not encroach into the areas involving use of skills that only licensed professionals are permitted to deliver. Coaching does not diagnose or treat mental health disorders. It is your responsibility to manage your own mental health, including obtaining necessary exams and ongoing support as needed. Coaching should be seen as a supplement to such a support system but not as a replacement for it.
In situations where you are under the care of a professional counselor or medical practitioner and conflict arises between the recommendations of those professionals and your coach, you have the responsibility to follow the guidance of the professionals.
Noomii does not sponsor, endorse, recommend or approve of any coach, therapist or other related service provider who offers services through this Site. You should use your independent judgment of the merits of any individual, entity or information that you find on or through this Site. The Company cannot and does not represent or warrant that any coach, therapist or other related service provider who offers services through this Site is licensed, qualified, or capable of performing any such service.
Neither Noomii nor any third parties provide any warranty or guarantee as to the timeliness, accuracy, performance, completeness or suitability of the information or material found or offered on the Website provided by any coach, therapist or other related service provider. You acknowledge that such information and materials may contain inaccuracies or errors and we expressly exclude liability for any such inaccuracies or errors to the fullest extent permitted by law.
Your use of any information or materials on this Website is entirely at your own risk, for which Noomii shall not be liable. It shall be your own responsibility to ensure that any products, services or information available through this Website, its partners, or affiliates, meet your specific requirements.
From time to time this Website may also include links to other websites. These links are provided for your convenience to provide further information which may include offers to buy or use other products or services. We have no responsibility for the content of the linked websites or any products or services used or purchased though them.
Although Noomii owns the code, databases, and all rights to the Noomii website application, you retain all rights to your data.
You acknowledge and agree that any questions, comments, ideas, suggestions for new features, suggestions for improvements to existing features, feedback or other information about the Site or the Service (“Submissions”), provided by you to the Website or to the Company are non-confidential and shall become the sole property of the Company. The Company shall own exclusive rights, including all intellectual property rights, and shall be entitled to the unrestricted use and dissemination of these Submissions for any purpose, commercial or otherwise, without acknowledgment or compensation to you.
The Website, the Service, and the Website content are provided “as-is” and the company disclaims any and all representations and warranties, whether express or implied, including implied warranties of title, merchantability, fitness for a particular purpose or non-infringement. The Company cannot guarantee and does not promise any specific results from use of the Website or the Service. Company does not represent or warrant that the content on the Website is accurate, complete, reliable, current or error-free or that the Website is free of viruses or other harmful components. Without limiting the foregoing, you understand and agree that if you download or otherwise obtain content, material, or data from the Website or through the Service, you do so at your own discretion and risk. In no event will the company or its directors, officers, advisors, employees, contractors, affiliates or agents be liable to you or any third person for any indirect, consequential, exemplary, incidental, special or punitive damages, including for any lost profits or lost data arising from your use of the Site or the Service.
For greater clarity, Noomii shall not be liable for any direct, indirect, punitive, incidental, special, consequential damages or any damages whatsoever including, without limitation, liability arising out of or in any way connected with or otherwise arising out of the use of the Website or Services, whether based on contract, tort, negligence, strict liability or otherwise. Under no circumstances will the Company be responsible for any loss or damage or personal injury or death resulting from anyone’s use of the Site or the Service or any interaction between users of the Site, whether online or offline.
The Site and the Service may be temporarily unavailable from time to time for maintenance or other reasons.
The Company reserves the right to change any and all content contained in the Site and any Services offered through the Site at any time without notice.
Reference to any products, Services, processes or other information, by trade name, trademark, manufacturer, supplier or otherwise does not constitute or imply endorsement, sponsorship or recommendation thereof, or any affiliation therewith, by Company.
The Company may terminate your membership, delete your profile and any content or information that you have posted on the Website or prohibit you from using or accessing the Service or the Website (or any portion, aspect or feature of the Service or the Website) for any reason, or no reason, at any time in its sole discretion, with or without notice.
These Terms of Service constitute the entire agreement between you and Company regarding the use of the Site or the Service, superseding any prior agreements between you and Company relating to your use of the Site or the Service. The failure of Company to exercise or enforce any right or provision of these Terms shall not constitute a waiver of such right or provision in that or any other instance. If any provision of this Agreement is held invalid, the remainder of these Terms shall continue in full force and effect. If any provision of these Terms of Service shall be deemed unlawful, void or for any reason unenforceable, then that provision shall be deemed severable from these Terms of Service and shall not affect the validity and enforceability of any remaining provisions.
By visiting or using the Site and the Service, you agree that the laws of the Province of British Columbia, Canada, without regard to principles of conflict of laws, will govern these Terms and any dispute of any sort that might arise between you and the Company or any of our affiliates. With respect to any disputes or claims, you agree not to commence or prosecute any action in connection therewith other than in the provincial and federal courts of British Columbia, and you hereby consent to, and waive all defenses of lack of personal jurisdiction and forum non conveniens with respect to, venue and jurisdiction in the provincial and federal courts of British Columbia.
