Terms and Conditions
Last updated: 11/13/2023
Introduction
Express Yourself Black Man (XYBM) is building a healthier, Black community by teaching and equipping Black men with the tools and resources they need to grow and heal. The platform consists of a podcast, social media community, and a holistic healing app for Black men, called "A Black Man’s Safe Haven," also referred to as "Safe Haven." In Safe Haven, there are Safe Haven healers which are mental health professionals (referred to as "MHP") that provide coaching services to the members.
These Terms and Conditions apply to your use of our platform and all related services. By accessing our platform and using our services, you agree to these Terms and Conditions and any updates we make to them in the future.
Coaching Services
Express Yourself Black Man provides coaching services to active Safe Haven members, not psychotherapy, psychological counseling, or any other type of mental health or healthcare service. An active Safe Haven member is any member with a current Safe Haven subscription that is not past due, cancelling or cancelled.
Our coaching services aim to provide support, guidance, and motivation to help you reach your goals. Coaching is not a substitute for professional medical advice, diagnosis, or treatment.
Our coaching services are not intended to treat, diagnose, or cure any medical or mental health condition. If you require medical or mental health treatment, please seek advice from a qualified professional.
By using our coaching services, you agree that you understand that the coaching services being provided do not constitute a therapeutic, counseling, or clinical relationship, and that the services do not replace any mental health care or treatment. You understand that the coaching is not a substitute for medical or psychological diagnosis or treatment, and that you should see a qualified medical or mental health professional for any such services. You waive any claims against Express Yourself Black Man, A Black Man’s Safe Haven and any of its Mental Health Professionals or Healers for any perceived or actual negligence in providing the coaching services.
You understand that regardless of any information provided to you by the MHP, the information located on any of the MHPs’ profiles, or any correspondence with the MHPs or the Express Yourself Black Man organization, the MHPs in Safe Haven are solely offering coaching services and are not engaging in psychotherapy, psychological counseling, or any other type of mental health or healthcare service.
You understand that you are responsible for your own decisions and choices and take full responsibility for the results of any actions you take based on the advice or coaching you receive. You acknowledge that all information discussed between you and your Mental Health Professional or Healer is confidential and will not be shared with any third parties. You agree to all of the above and accept the risks associated with your participation in the coaching services.
You understand that the coaching services are not intended to create a therapeutic relationship or provide medical advice or counseling and that you should see a qualified medical or mental health professional for those services. You agree to discuss any decisions you make based on the coaching services with a qualified medical or mental health professional before taking any action.
You understand that your participation in the coaching services is voluntary and that you can withdraw from the program at any time if you no longer feel that it is meeting your needs. You also understand that A Black Man’s Safe Haven and any of its Mental Health Professionals or Healers reserve the right to you if you are not an active Safe Haven member.
No Harm Agreement
You commit to prioritizing your safety and well-being, refraining from engaging in any activities that may cause harm to yourself, including self-harm or suicidal behaviors. You understand that while Safe Haven aims to provide support, it is not a substitute for professional mental health care, and that you are responsible for seeking immediate assistance if experiencing thoughts of self-harm or suicide. You hereby release Express Yourself Black Man, A Black Man’s Safe Haven, and its representatives, including MHPs, from any liability in the event that you engage in self-harming or suicidal behaviors.
You acknowledge that Safe Haven and its representatives are not liable for the consequences of such actions. If Safe Haven becomes aware of any imminent risk to your safety, you acknowledge that our organization may take necessary actions to ensure your well-being, including contacting emergency services or your designated emergency contact. You agree that your participation in Safe Haven is voluntary, and you are solely responsible for your actions and well-being, holding Safe Haven and its representatives harmless for any harm that may result from your own actions.
Emergency Contact
You hereby provide your consent and agreement to permit Express Yourself Black Man, A Black Man’s Safe Haven, or any of its representatives, including their MHPs, to initiate contact with your designated emergency contact in situations that are deemed emergencies concerning your well-being. You acknowledge and understand that the determination of what constitutes an emergency will be made at the discretion of Express Yourself Black Man, A Black Man’s Safe Haven, or their representatives. This contact will be initiated solely in instances where the organization deems it necessary for the preservation of your safety or well-being.
Artificial Intelligence Services
Express Yourself Black Man offers artificial intelligence (AI) services on its platform. These services are provided for informational purposes only and should not be used as a substitute for professional medical advice, diagnosis, or treatment. The AI services may produce inaccurate or incomplete information about people, places, or facts. Never share sensitive information with any AI service because the chats may be reviewed by AI trainers to improve their systems.
By using the AI services provided by Express Yourself Black Man, you acknowledge and agree that the information provided may not be accurate or complete. You also agree to not share sensitive information and that Express Yourself Black Man is not responsible for any damages or harm that may arise from the use of its AI services.
You understand and agree that the AI services provided by Express Yourself Black Man are not psychotherapy or a substitute for psychotherapy. If you are in need of professional medical advice, diagnosis, or treatment, please consult a licensed healthcare provider.
By using our AI services, you acknowledge and agree to the terms outlined in this section. If you do not agree to these terms, do not use our AI services.
No Liability for Damages
Express Yourself Black Man is not responsible for any damages or harm that may arise from your use of our platform or services. We cannot guarantee the effectiveness of our services or the outcome of any specific situation or goal. We do not provide any warranty or representation about the suitability, reliability, availability, timeliness, or accuracy of the information, products, services, content or related graphics contained on our platform.
You agree to indemnify and hold harmless Express Yourself Black Man, A Black Man’s Safe Haven and its Mental Health Professionals and Healers from any and all claims, losses, liabilities, damages, and expenses, including attorney’s fees, resulting from your participation in the coaching services and any other services provided by Express Yourself Black Man now or in the future.
Payment and Refund Policy
Payment for our coaching services is handled by the individual MHP that you're being coaching by. For any refunds for coaching, you must contact the MHP you worked with directly. Each MHP's contact information can be found by accessing their profile in the Safe Haven healers directory.
To request a refund for a product or service received from our platform, email us at staff@expressyourselfblackman.com with the subject "Refund Request." Refund requests will be assessed within 10-12 business days. Please note that we reserve the right to deny any refund requests.
Our refund policy DOES NOT extend to refunds for coaching services. Refunds for subscriptions purchased through our platform are only available for the most recent month of the subscription. Previous months are NOT eligible for refunds, regardless of subscription usage or login status.
Furthermore, by using our platform you waive any right to file a bank dispute or chargeback related to any payment for services you received from Express Yourself Black Man and agree that, if you do file a dispute or chargeback, it should be decided in favor of Express Yourself Black Man. You understand that if you would like a refund for services provided by Express Yourself Black Man, you need to work directly with the company by sending an email to staff@expressyourselfblackman.com.
We reserve the right to ban any customer that files a dispute against us.
Privacy Policy
We take your privacy seriously and will only collect and use your personal information in accordance with our Privacy Policy.
By using our platform and services, you agree to our Privacy Policy. Our Privacy Policy explains how we collect, use, and protect your personal information. Please review our Privacy Policy carefully before using our platform.
Confidentiality
We prioritize the confidentiality and privacy of our members. Any personal information shared in Safe Haven, including but not limited to discussions, messages, or profile details, should be treated with utmost confidentiality by all members. We strictly prohibit the unauthorized sharing, copying, or distribution of any sensitive information exchanged within the community.
All Safe Haven members must respect the privacy and confidentiality of others. It is important to maintain the trust and safety of our community by refraining from disclosing or discussing personal information shared by fellow members outside of the community platform. This includes any identifying details or specifics that may compromise the anonymity or well-being of individuals.
Our mental health professionals and administrators are bound by professional codes of ethics and confidentiality obligations. They are committed to upholding strict confidentiality standards when interacting with members of the community. However, it is essential to understand that there are legal and ethical limitations to confidentiality, such as situations involving harm to self or others, where disclosure may be required by law or professional duty.
We encourage members to use pseudonyms or avatars instead of their real names and profile pictures if they wish to maintain anonymity. While we strive to provide a secure environment, it is essential to remember that no online platform can guarantee absolute confidentiality. Members should exercise caution and discretion when sharing personal information within the community.
If you come across any breaches of confidentiality or unauthorized sharing of personal information, we strongly encourage you to report such incidents to our administrators immediately. We take such matters seriously and will take appropriate action to address any violations and maintain the integrity of our community.
Safe Haven ID
Sharing your Safe Haven ID is strictly prohibited. If it is determined that your ID has been shared with other members or external parties, you will be immediately removed and permanently banned from Safe Haven.
Intellectual Property
All content on our platform, including text, images, and videos, is the property of Express Yourself Black Man and is protected by copyright laws.
You may not use our content without our written permission. You may not modify, copy, reproduce, publish, display, distribute, or transmit any portion of our platform without our prior written consent.
Termination
Express Yourself Black Man reserves the right to terminate your use of our platform and services at any time without notice.
We may terminate your access to our platform and services if we believe that you have violated these Terms and Conditions or our Privacy Policy. We may also terminate your access if we believe that your conduct is harmful to our platform or services, or to other users of our platform.
Governing Law
These Terms and Conditions are governed by and construed in accordance with the laws of the United States, and any dispute arising under these Terms and Conditions shall be subject to the exclusive jurisdiction of the courts located in the state of Delaware.
Any legal action or proceeding arising out of or related to these Terms and Conditions must be brought within one (1) year after the cause of action arises.
Disclaimer of Warranties
Express Yourself Black Man makes no warranties or representations about the accuracy or completeness of the content on our platform or the services we provide. We do not provide any warranty or representation about the suitability, reliability, availability, timeliness, or accuracy of the information, products, services, or related graphics contained on our platform. We disclaim all warranties and representations, express or implied, including, but not limited to, implied warranties of merchantability, fitness for a particular purpose, and non-infringement.
Updates to Terms and Conditions
Express Yourself Black Man reserves the right to update or modify these Terms and Conditions at any time without prior notice. Your continued use of our platform and services constitutes your acceptance of the modified Terms and Conditions.
It is your responsibility to regularly review these Terms and Conditions to ensure that you are aware of any updates or modifications. If you do not agree to the updated Terms and Conditions, you must stop using our platform and services immediately.
Limitation of Liability
Express Yourself Black Man, its affiliates, and their respective directors, officers, employees, agents, contractors, and licensors shall not be liable for any direct, indirect, incidental, special, consequential or exemplary damages, including, but not limited to, damages for loss of profits, goodwill, use, data or other intangible losses, arising out of or in connection with the use or inability to use our platform or services, whether based on contract, tort, negligence, strict liability or otherwise, even if we have been advised of the possibility of such damages.
In no event shall the total liability of Express Yourself Black Man and its affiliates to you for all damages, losses, and causes of action arising out of or relating to these Terms and Conditions or your use of our platform and coaching services exceed the amount paid by you, if any, to us for the use of our platform and services during the six (6) months prior to the date of the claim.
This limitation of liability shall apply to the fullest extent permitted by law and shall survive any termination or expiration of these Terms and Conditions or your use of our platform and services.