FULL DISCLAIMER

These terms and conditions (the "Terms"), constitute a legally binding agreement (the "Agreement") between you ("User" “you” or “your”) and Nagagerel, LLC (“Nagagerel,” “we,” “us” or “our”). By accessing or using our website, applications, services, or any related platforms (collectively, the "Services"), you agree to comply with and be bound by these Terms. If you do not agree to these Terms, you are not permitted to use the Services.

The Services may include, but are not limited to the publication and distribution of books, photographs, and artwork, including reprints of paintings. Additionally, the Services may offer opportunities for readers to engage in discussions through book circles and personal application of the book’s concepts in an educational setting. The Services also encompass blog content featuring excerpts, sample writings, and expanded discussions on topics covered in the book. Publicly available stories may be shared on the website, and users may have the option to join a membership program for access to exclusive content. By using the Services, you also agree to abide by any additional terms that may apply to specific features or services, which will be presented to you before use and considered part of this Agreement.

This Agreement remains in effect regardless of whether you have registered for an account, and if your use of the Services is terminated, your obligations under these Terms will continue, including indemnification responsibilities outlined herein. We reserve the right to modify these Terms at any time. Your continued use of the Services after changes are posted signifies your acceptance of the revised Terms. If you do not agree to the updated Terms, you must discontinue using the Services.

We are constantly working to improve the Services and may introduce new features, discontinue, or alter existing Services at any time. We will not be liable for any suspension, discontinuation, or change in the Services

1. About The Services

Subject to these Terms, Nagagerel grants you a limited, non-exclusive, revocable, non-transferable, and non-sublicensable license to use the Services in accordance with these Terms.

As you use the Services, you may encounter various types of content provided by us or our affiliates.

Nagagerel makes no guarantees or warranties, either express or implied, about the accuracy, completeness, or reliability of any Content. You acknowledge that any decisions you make based on the Content are at your own risk, and we will not be liable for any actions you take in reliance on the information provided.

2. Disclaimer of Medical Liability

THE SERVICES PROVIDED FOR INFORMATIONAL, EDUCATIONAL, AND ARTISTIC ONLY. THESE SERVICES DO NOT CONSTITUTE MEDICAL, PSYCHOLOGICAL, OR THERAPEUTIC ADVICE OR TREATMENT, NOR DO THEY SUBSTITUTE FOR PROFESSIONAL COUNSELING OR CONSULTATION.

Nagagerel offers an online platform for the publication and distribution of books, artwork, and related content, as well as opportunities for readers to engage in discussions and further exploration of the book’s concepts. Any group discussions, book circles, or consultations are intended solely for educational and personal enrichment purposes. Nagagerel does not provide professional healthcare, psychological services, or any form of therapy and is not responsible for how Users choose to apply the information provided. Our responsibility is limited to offering access to the platform and its associated content.

The platform is not intended for medical diagnosis, including advice about appropriate drugs or treatment. Users should disregard any such advice if it is offered through this platform and are advised to exercise care and caution when using the site.

By using this platform, you acknowledge that the Services are not a substitute for in-person consultation with a licensed health professional. You should not rely on any information found on this platform to make health or well-being decisions.

Any Content or information provided by advertisers or other Users is presented for general informational purposes. You assume all risk if you choose to rely on any Content found on the site.

3. Content

In these Terms, the following defined terms are used to refer to different types of content available on or submitted to the Services:

"Third-Party Content" refers to content provided by entities other than Nagagerel or Users which may be available on the Services.

"User Content" includes content that users submit or transmit to or through the Services, email messages and any other shared information, including personal data.

"Content" means all forms of content created or provided by Nagagerel, Third Party or User, including text, images, graphics, photos, audio, video, location data, information, and other types of materials.

4. Content Standards

These content standards apply to User Content. Additionally, without limiting these requirements, Content must not:

- Contain any material that is defamatory, obscene, indecent, abusive, offensive, harassing, violent, hateful, inflammatory, or otherwise inappropriate;

- Promote sexually explicit or pornographic content, violence, or discrimination based on race, gender, religion, nationality, disability, sexual orientation, or age;

- Infringe on any patent, trademark, trade secret, copyright, or other intellectual property rights of any individual or entity;

- Violate the rights of others, including rights of privacy and publicity, or include any material that could lead to civil or criminal liability under applicable laws or conflict with these Terms;

- Copy, replicate, or plagiarize the work, ideas, or content of others, whether in whole or in part, without proper authorization or attribution;

- Intend to mislead or deceive any person;

- Promote or encourage illegal activity, or advocate or assist in any unlawful conduct;

- Cause unnecessary distress, embarrassment, or alarm or be likely to inconvenience or upset any other person;

- Impersonate any individual or misrepresent the User’s identity or affiliation with any person or organization;

- Include unauthorized commercial activities, such as contests, sweepstakes, advertising, or bartering;

- Create the impression of endorsement or origin by Nagagerel or any other person or organization if such endorsement or origin is not accurate.

- Contain any material or information that could be stolen, intercepted, or disclosed in an insecure communication, such as email, and that could result in harm or risk to any individual or entity.

5. Copyright Infringement

In compliance with Section 512(c) of the U.S. Copyright Act, Nagagerel has registered a Designation of Agent to Receive Notification of Claims of Infringement with the U.S. Copyright Office.

Email: ljg@soulcanyou.com

We respect the rights of all copyright holders. If you believe that your work has been copied in a way that constitutes copyright infringement, please submit the following information to our Copyright Agent as required by the Digital Millennium Copyright Act, 17 U.S.C. §512.

- Signature: A physical or electronic signature of a person authorized to act on behalf of the copyright owner.

- Identification of Copyrighted Work: A description of the copyrighted work you believe has been infringed. For multiple works at a single site, you may submit a representative list.

- Identification of Infringing Material: Details of the material in question and where it is located on our site to allow us to identify it.

- Contact Information: Information that allows us to reach you (address, phone number, and email).

- Good-Faith Statement: A statement indicating that you believe, in good faith, that the use of the material is unauthorized.

- Accuracy Statement: A statement affirming the accuracy of the information in your notice, made under penalty of perjury, and that you are authorized to act on behalf of the copyright owner.

6. Your Responsibilities

The Services are provided solely for personal use as described in these Terms, and any other use is strictly prohibited. By using the Services, you agree not to (and not to allow any third party to):

- Utilize any manual or automated software, scripts, robots, or other methods to “scrape,” “crawl,” or otherwise access web pages, database records, or any other aspect of the Services;

- Use the Services for any commercial purpose not expressly permitted by these Terms;

- Take any action that, in Nagagerel’s sole determination, imposes or may impose an unreasonable or disproportionately large load on the Services or Nagagerel’s infrastructure;

- Interfere with or disrupt the Services, including but not limited to using viruses, Trojan horses, harmful code, denial-of-service attacks, packet spoofing, or other disruptive techniques or technologies;

- Systematically retrieve data or other content from our Services to create or compile, directly or indirectly, a collection, compilation, or directory, using bots, crawlers, spiders, or other means, without express permission;

- Use the Services to transmit, distribute, or post any information about other persons or entities without their consent;

- Copy, store, or otherwise access any information on the Services for purposes not explicitly permitted by these Terms;

- Use any portion of the Services or Content to create or provide any service or product to a third party;

- Modify any Services or Content or create derivative works based on them;

- Use the Services or Content for any illegal or unauthorized purpose;

- Encourage or enable any third party to engage in any of the prohibited activities described above.

You acknowledge that Nagagerel has no obligation to monitor your access to or use of the Services. However, Nagagerel reserves the right to do so to operate and improve the Services (including fraud prevention, risk assessment, investigation, and customer support), to ensure compliance with these Terms, to meet legal requirements, or to address content that Nagagerel deems objectionable in accordance with these Terms.

7. License

By making any Content available on or through the Services, you grant Nagagerel a worldwide, irrevocable, perpetual, non-exclusive, transferable, fully paid up, royalty-free license, with the right to sublicense, to use, view, copy, adapt, modify (solely for formatting), distribute, license, transfer, publicly display, publicly perform, transmit, stream, broadcast, access, and otherwise exploit such Content via the Services, including for commercial, advertising, and promotional purposes related to the Services. This license is granted solely for purposes of operating, marketing, and promoting the Services in a manner consistent with retaining your copyright ownership of the Content.

7.1 Specific Uses of Licensed Content

In addition to the general licensing rights granted above, you agree that Nagagerel may utilize Content in the following ways:

- Advertising and Marketing: We may use Content, including anonymized feedback or testimonials, for marketing materials and advertising campaigns across various platforms, such as social media, email, and print.

- Content Sharing and Partnerships: Content may be shared with select partners and service providers for the purpose of enhancing and promoting the Services. For example, anonymized data may be shared with partners to provide insights into user preferences and behaviors.

- Revenue Generation and Aggregated Data Insights: Nagagerel may derive revenue from aggregated, non-personally identifiable data derived from Content. This aggregated data may be used for research, analytics, and industry insights without containing any personally identifiable information (PII). We do not directly sell or share PII without explicit user consent.

- Research and Product Development: Content and data may be anonymized and aggregated to support research and the development of new features or services that enhance user experience on the platform.

7.2 Limited License for User Access and Viewing

Subject to your compliance with these Terms, Nagagerel grants you a personal, revocable, limited, non-exclusive, non-transferable license to: (i) access and view any Nagagerel Content solely for your personal and non-commercial purposes while using the Services; (ii) access and use the Services through a standard web browser to receive information. You may not sublicense any rights granted to you in this section.

7.3 Restrictions on Use of Nagagerel Content

You agree not to use, copy, adapt, modify, prepare derivative works from, distribute, license, sell, transfer, publicly display, publicly perform, transmit, broadcast, or otherwise exploit any Nagagerel Content or any portion thereof, except as expressly authorized in these Terms. No licenses or rights are granted to you by implication or otherwise under any intellectual property rights held by Nagagerel or its Content providers, except for those expressly granted in these Terms.

7.4 Updates and Modifications to Nagagerel Content

Nagagerel Content may be updated or modified by Nagagerel at its sole discretion and without notice.

7.5 Termination of Rights for Unauthorized Use

If you print, copy, modify, download, or provide any other person access to any part of the Services in violation of the Terms, your right to use the Services will terminate immediately, and you must, at our discretion, return or destroy any copies of materials you have made. No right, title, or interest in or to the Services or any Content is transferred to you, and all rights not expressly granted are reserved by Nagagerel. Any unauthorized use of the Services is a violation of these Terms and may infringe copyright, trademark, and other laws.

8. Third Party Links And Services

8.1 Links to Other Websites

The Services may include links to external websites or resources. You acknowledge and agree that Nagagerel is not responsible for: (i) the availability or accuracy of these external sites or resources; or (ii) any content, products, or services found on or accessible through such sites or resources. Links to these external sites or resources do not imply any endorsement by Nagagerel of the content, products, or services they offer. You assume sole responsibility for, and accept all risks associated with, your use of any external websites or resources and the content, products, or services available through them.

8.2 Third Party Software

Certain Services provided by Nagagerel may include software from third parties, including open-source software. Your use of this third-party software is subject to any applicable additional terms and conditions set forth by the third-party provider.

9. Termination

Nagagerel may suspend or terminate your access to any part of the Services, or terminate these Terms immediately, without prior notice, in its sole discretion. This includes, but is not limited to, suspending access if Nagagerel believes you are violating any portion of these Terms. Following termination or suspension, you may or may not be granted permission to re-establish an account. You agree that Nagagerel will not be liable to you for terminating your account or access to the Services or for any resulting consequences of such termination. Please be aware that Nagagerel is not obligated to delete or return any Content you have shared on the platform after cancellation.

10. Limitation of Liability

TO THE GREATEST EXTENT PERMITTED BY LAW, NAGAGEREL WILL NOT BE LIABLE FOR ANY INJURIES, LOSSES, CLAIMS, DIRECT OR INDIRECT DAMAGES, NOR FOR SPECIAL, EXEMPLARY, PUNITIVE, INCIDENTAL, OR CONSEQUENTIAL DAMAGES OF ANY KIND, ARISING OUT OF OR IN CONNECTION WITH (A) THESE TERMS, (B) ANY USE OF THE SERVICES, (C) ANY FAILURE OR DELAY IN PROVIDING OR ACCESSING ANY PART OF THE SERVICES, (D) TERMINATION OF YOUR ACCESS TO THE SERVICES.

Certain jurisdictions do not allow limitations on implied warranties or exclusion of certain damages, meaning some of the limitations above may not apply to you. If you are dissatisfied with any part of the Services or these Terms, your sole and exclusive remedy is to discontinue using the Services.

In no event shall our cumulative liability to you for all claims relating to or arising from the Services exceed $100.

11. Disclaimer of Warranties

THE SERVICES ARE PROVIDED "AS IS" AND "AS AVAILABLE," WITHOUT ANY WARRANTY OF ANY KIND. NAGAGEREL EXPRESSLY DISCLAIMS ALL WARRANTIES, WHETHER EXPRESS OR IMPLIED, INCLUDING, WITHOUT LIMITATION, WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE, NON-INFRINGEMENT, OR ANY WARRANTY ARISING FROM COURSE OF DEALING, PERFORMANCE, OR TRADE USAGE. NAGAGEREL MAKES NO GUARANTEE REGARDING THE ACCURACY, RELIABILITY, TIMELINESS, OR COMPLETENESS OF ANY CONTENT PROVIDED OR RECEIVED THROUGH THE SERVICES. WE DO NOT WARRANT THAT THE SERVICES WILL BE ERROR-FREE OR FREE FROM VIRUSES OR OTHER HARMFUL ELEMENTS.

The above disclaimers apply to the maximum extent allowed by law. You may have additional statutory rights; however, the duration of any such warranties, if applicable, will be limited to the maximum extent allowed by law.

12. Indemnification

You agree to defend, indemnify, and hold harmless Nagagerel and its affiliates, subsidiaries, and their respective officers, directors, employees, and agents from any claims, liabilities, damages, losses, and expenses, including reasonable legal fees, that arise from (a) your access to or use of the Services, (b) your violation of these Terms, and (c) your Content.

13. Release

By using the Services, you agree to release, discharge, and hold Nagagerel and its affiliates harmless from any and all claims, damages, losses, or injury arising from or related to the Services or any disputes with other Users on the platform.

14. Governing Law

This Agreement shall be deemed to have been entered into and shall be construed and enforced in accordance with the Federal Arbitration Act, applicable federal law, and the laws of the Commonwealth of Massachusetts as applied to contracts made and to be performed entirely within Massachusetts, without giving effect to the state’s conflicts of law statute.

15. Entire Agreement

These Terms form the entire and exclusive agreement between Nagagerel and you concerning the Services. Together, these policies and agreements supersede and replace any previous oral or written understandings or agreements between Nagagerel and you regarding the Services.

16. Severability

If any provision of these Terms is found to be invalid or unenforceable under applicable law, including the warranty disclaimers and liability limitations listed above, the invalid or unenforceable part will be replaced by a valid provision that closely reflects the original intent, and the remainder of the Terms will continue in effect.

18. Waiver

If Nagagerel does not enforce any right or provision of these Terms, it does not waive Nagagerel’s right to enforce that provision in the future. Waivers of any right or provision will be effective only if in writing and signed by an authorized representative of Nagagerel. Except as specified in these Terms, each party’s exercise of any remedies under these Terms will be without prejudice to its other remedies under these Terms or otherwise.

19. Miscellaneous

19.1 Amendment

We may change these Terms of Use at any time. We will post notification of material changes on the Services. Your continued use of the Services after the posting on the Services of any changes (whether or not you have also received notice by email) indicates your acceptance of such changes.

19.2 Headings

Section headings within this Agreement are provided for convenience only and do not form a part of the Agreement. These headings do not influence, define, modify, interpret, or construe the meaning, scope, or intent of this Agreement or any specific terms and conditions.