Terms of service

Terms of Use

Last modified: July 28, 2026

Acceptance of the Terms of Use

These Terms of Use are entered into by and between you ("you" or "User") and Propper Consulting LLC ("Company," "we," "us," or "our"). These Terms of Use, together with any documents expressly incorporated by reference (collectively, the "Terms"), govern your access to and use of any websites, mobile applications, software, digital platforms, and other online or electronic resources owned, operated, or made available by or on behalf of the Company, including all content, features, functionality, educational materials, videos, publications, software, subscription features, and other resources made available through them (collectively, the "Platform"), whether accessed as a guest or registered user and regardless of the device or method used to access the Platform.

Please read these Terms carefully before accessing or using the Platform. By accessing or using any part of the Platform, creating an account, or clicking to accept or agree to these Terms when that option is made available to you, you acknowledge that you have read and understood these Terms and agree to be bound by them. Your use of the Platform is also subject to our Privacy Policy, which describes our collection, use, disclosure, and other processing of personal information. If you do not agree to these Terms or our Privacy Policy, you must not access or use the Platform.

The Platform is intended only for individuals who are 18 years of age or older. By accessing or using the Platform, you represent and warrant that you are at least 18 years old, have the legal capacity to enter into a binding agreement with the Company, and satisfy all other eligibility requirements contained in these Terms. If you do not meet these requirements, you must not access or use the Platform.

CONTENT AND MEDICAL DISCLAIMER

DO NOT REVIEW OR USE THE CONTENTS OF THIS PLATFORM WITHOUT READING, UNDERSTANDING, AND AGREEING TO THE FOLLOWING DISCLAIMERS!

·      Educational Purposes Only; No Medical Advice: The Platform and all information, videos, illustrations, worksheets, publications, instructional materials, and other content made available through it (collectively, "Content") are provided solely for general educational and informational purposes. The Content is not intended to constitute, and must not be relied upon as, medical advice, clinical instruction, diagnosis, treatment, or a substitute for the independent professional judgment of a properly licensed physician or other qualified healthcare professional. Nothing on the Platform establishes or is intended to establish a standard of care.

 

·      Professional Qualifications and Physician Oversight: Certain Content addresses medical procedures, diagnoses, equipment, techniques, and other subjects that require specialized education, training, experience, licensure, supervision, or professional competence. The availability of such Content does not authorize or qualify any User to perform any procedure, practice medicine, or engage in any other regulated professional activity. Users are solely responsible for determining whether they possess the qualifications necessary to understand or apply the Content and must obtain appropriate physician oversight, supervision, training, and authorization before applying any Content in a clinical or practical setting.

 

·      Clinical Judgment; Patient-Specific Considerations: Medical procedures, diagnoses, techniques, equipment usage, and clinical decisions may vary based upon patient-specific circumstances, professional judgment, available technology, institutional requirements, and other factors. Content provided through the Platform is general in nature and may not be appropriate for a particular patient, procedure, circumstance, or clinical environment. Users must exercise their own professional judgment and independently verify information before applying it.

 

·      Institutional Policies and Protocols: The Content is not intended to replace, modify, or supersede the policies, procedures, protocols, credentialing requirements, directives, or standards of any hospital, clinic, healthcare facility, employer, licensing authority, or other institution or governing body. Users are responsible for complying with all applicable institutional requirements and professional standards. In the event of any inconsistency between the Content and an applicable institutional policy, protocol, or physician directive, Users should follow the applicable institutional requirements and professional direction.

 

·      Medical Equipment, Devices, and Supplies: The Platform may reference medical equipment, devices, supplies, manufacturers, vendors, or products for educational or illustrative purposes. Such references do not constitute an endorsement, recommendation, warranty, or representation concerning the safety, effectiveness, quality, or suitability of any product. Users must follow all applicable manufacturer instructions for use, labeling, warnings, specifications, training requirements, and safety information. The Content is not intended to replace or supersede manufacturer instructions. The Company is not responsible for the selection, operation, performance, malfunction, failure, use, or misuse of any equipment, device, or supply referenced on the Platform.

 

·      Rapidly Changing Information: Medicine, medical technology, equipment, procedures, professional standards, and accepted practices continuously change and evolve. Although the Company may periodically update the Platform or Content, the Company does not represent that any Content reflects the most current information, practices, standards, protocols, research, or technology. Users are responsible for independently confirming the currency and accuracy of Content through appropriate professional sources, including supervising physicians, institutional policies and protocols, manufacturer information, professional organizations, and current medical literature.

 

·      Medical Examinations, Education, and Licensing: The Platform may contain Content relating to professional education, examinations, certifications, credentialing, or licensing. Use of the Platform does not guarantee successful completion of any examination, certification, licensing requirement, educational program, or other professional qualification. The Content may differ from the information or answers expected by an examination, licensing authority, credentialing organization, educational institution, employer, or other third party. Users remain responsible for consulting and complying with the requirements and official materials applicable to any examination, license, certification, or credential.

 

·      No Emergency or Real-Time Clinical Use: The Platform is not an emergency service, clinical decision-support system, patient-monitoring system, or other real-time medical service and should not be used or relied upon for emergency care, time-sensitive clinical decisions, patient diagnosis or treatment, or circumstances in which delayed, unavailable, inaccurate, or incomplete information could result in injury or harm. Users must rely upon appropriate healthcare professionals, emergency services, institutional resources, and approved clinical systems for such purposes.

 

·      Mobile Applications and Technology Limitations. When the Platform is accessed through a mobile application, website, software, or other electronic means, its availability and operation may depend upon the User's device, operating system, internet or network connection, third-party services, and other technology outside the Company's control. Content or functionality may be unavailable, delayed, interrupted, incomplete, outdated, improperly displayed, or affected by technical errors. Content stored, downloaded, cached, or otherwise available through a User's device may not reflect subsequent updates to the Platform. Users must not rely upon the availability, operation, notifications, alerts, or other functionality of the Platform for medical, clinical, emergency, or other time-sensitive purposes.

 

·      Third-Party Distribution and Technology Providers. The Platform, including any mobile application, may be downloaded, accessed, hosted, distributed, processed, or otherwise made available through third-party platforms, application marketplaces, payment processors, service providers, or other technology providers. The Company does not own or control such third parties or their platforms, systems, networks, or services and is not responsible for their availability, operation, security, performance, policies, practices, acts, or omissions. A User's access to or use of such third-party services may also be subject to separate terms, conditions, policies, or requirements imposed by the applicable third party. The availability of the Platform through any third party does not constitute a representation or warranty by the Company regarding that third party or its products or services.

 

·      International Use: The Platform may be accessible from jurisdictions throughout the world, but its Content is developed primarily with reference to standards, terminology, practices, and information used in the United States. Medical practices, professional standards, equipment requirements, licensing requirements, and laws may differ substantially among jurisdictions.

 

·      Compliance with Laws: The Company does not represent that the Content is appropriate, lawful, accurate, or applicable in every jurisdiction. Users are solely responsible for complying with all laws, regulations, licensing requirements, ethical obligations, professional standards, and other requirements applicable to them and their use of the Content.

 

·      Third-Party Content and Resources: The Platform may contain or provide access to content created by third parties and may reference or link to third-party websites, applications, publications, products, services, or other resources. The inclusion or availability of third-party content or resources does not, unless expressly stated otherwise, constitute the Company's endorsement, sponsorship, recommendation, or warranty of such content or resources. The Company does not control and is not responsible for the accuracy, completeness, availability, safety, or reliability of third-party content or resources.

 

·      Improvement and Feedback: Although the Company assumes no responsibility for inaccuracies or omissions in the Content, the Company welcomes comments, suggestions, ideas, corrections, and other feedback regarding the Platform or Content. Any such feedback will be treated as a Submission and is subject to the Submissions and Feedback provision of these Terms, including the rights granted to the Company under that provision.

 

·      Disclaimer of Warranties and Limitation of Liability: Your use of the Platform and Content is also subject to the Disclaimer of Warranties and Limitation of Liability provisions contained in these Terms. Please read those provisions carefully, as they contain important limitations concerning the Company's warranties, responsibilities, and liability arising from or relating to the Platform, the Content, and your use of or reliance upon them.

BY ACCESSING AND USING THIS PLATFORM, YOU ACKNOWLEDGE THAT YOU HAVE READ, UNDERSTOOD, AND AGREED TO THE TERMS OF THIS DISCLAIMER. IF YOU DO NOT AGREE WITH ANY PART OF THIS DISCLAIMER, YOU MUST DISCONTINUE USING THIS PLATFORM.

Changes to the Terms of Use

We may revise or update these Terms from time to time in our sole discretion. Unless otherwise stated, changes are effective when the revised Terms are posted or otherwise made available through the Platform and apply to your access to and use of the Platform thereafter. Changes to any dispute resolution provision will not apply to any dispute of which the parties had actual notice before the effective date of the revised Terms.

Your continued access to or use of the Platform after revised Terms become effective constitutes your acceptance of the revised Terms. You are responsible for periodically reviewing these Terms for changes. The date these Terms were last revised is identified at the top of this document.  

Accessing the Platform and Account Security

We reserve the right to modify, update, suspend, withdraw, restrict, or discontinue all or any part of the Platform, including any Content, feature, functionality, or service available through the Platform, at any time and in our sole discretion, with or without notice. We do not guarantee that the Platform or any particular Content, feature, functionality, or service will be available at all times or on any particular device, operating system, or other technology. We will not be liable for any unavailability, interruption, suspension, modification, or discontinuance of all or any part of the Platform.

You are responsible for obtaining and maintaining all devices, software, internet or network access, and other equipment or services necessary to access and use the Platform and for any charges associated with them.

Certain portions of the Platform may require you to create or maintain a user account. You agree to provide information that is accurate, current, and complete and to promptly update such information as necessary. All information that you provide to us through the Platform is governed by our Privacy Policy.

If you create or are provided with a username, password, access code, or other account or security credential, you must keep that information confidential and secure. Your account and account credentials are personal to you, and you may not share, transfer, sell, sublicense, or otherwise permit another person to use your account or credentials to access the Platform. You are responsible for activity occurring through your account or credentials. You must promptly notify us if you become aware of any unauthorized access to or use of your account or credentials or any other suspected breach of account security.

We reserve the right to disable, suspend, restrict, or terminate any account, username, password, access credential, or access to all or any part of the Platform at any time and in our sole discretion, including if we believe you have violated these Terms or that such action is reasonably necessary to protect the Company, the Platform, its Content, or other Users.

Intellectual Property Rights

The Platform and all content, features, and functionality made available through it, including all software, source and object code, text, publications, educational and training materials, videos, audio, photographs, illustrations, graphics, worksheets, quizzes, questions, study materials, course materials, designs, characters, mascots, logos, trademarks, trade names, service marks, slogans, interfaces, databases, compilations, and the selection, arrangement, design, and presentation of the foregoing (collectively, "Platform Content"), are owned by the Company or its licensors and are protected by United States and international copyright, trademark, patent, trade secret, and other intellectual property and proprietary rights laws. All rights in and to the Platform and Platform Content not expressly granted under these Terms are reserved by the Company and its licensors.

Subject to your compliance with these Terms and, where applicable, payment of any required subscription or access fees, the Company grants you a limited, personal, non-exclusive, non-transferable, non-sublicensable, and revocable right to access and use the Platform and Platform Content solely for your own personal, educational, and non-commercial purposes. Any subscription, purchase, download, or other access to the Platform or Platform Content provides only a limited right of access and use and does not transfer to you any ownership or other intellectual property rights in the Platform or Platform Content.

Except as expressly authorized by the Company or enabled as a feature of the Platform, you may not:

·       copy, reproduce, download, print, record, screen capture, screen record, photograph, distribute, publish, republish, transmit, display, perform, sell, license, sublicense, rent, share, or otherwise make available any Platform Content;

·       modify, translate, adapt, edit, alter, create derivative works from, or otherwise exploit any Platform Content;

·       share your account, subscription, login credentials, or access to the Platform or Platform Content with another person;

·       use any Platform Content for any commercial purpose or for the benefit of any third party;

·       use Platform Content to create, develop, provide, promote, or support any competing or substantially similar educational, training, reference, or other product or service;

·       remove, obscure, or alter any copyright, trademark, attribution, proprietary rights, or other notices appearing on or in connection with the Platform or Platform Content; or

·       circumvent, disable, interfere with, or attempt to defeat any technological or other measure used to protect, restrict access to, or prevent unauthorized use or copying of the Platform or Platform Content.

Notwithstanding the foregoing, the Company may expressly make certain Platform Content available for download, printing, offline access, or other use. You may use such Platform Content only in the manner and for the purposes expressly authorized by the Company or through the applicable functionality of the Platform. Any such permission is limited and does not constitute a transfer or waiver of the Company's intellectual property rights.

If you wish to use any Platform Content beyond the uses expressly permitted by these Terms, you must obtain the Company's prior written permission by contacting danielgarney@dontmissabeat.info.

Any unauthorized use of the Platform or Platform Content terminates the rights granted to you under these Terms and may violate copyright, trademark, and other applicable laws. Upon termination of your right to access or use the Platform, you must cease all unauthorized use of the Platform Content and, at the Company's request, delete or destroy any unauthorized copies in your possession or control.

Platform Content made available only to registered, authorized, or paying Users is provided solely for the authorized User's use and may not be disclosed, shared, distributed, or made available to any unauthorized person except as expressly permitted by the Company.

Trademarks

The Company's names, brands, trade names, trademarks, service marks, logos, designs, slogans, characters, mascots, product and service names, and other source identifiers used in connection with the Platform, including DON'T MISS A BEAT, are owned by or licensed to the Company and are protected by applicable intellectual property laws. No right or license to use any such mark, character, mascot, logo, design, or other branding is granted to you by your access to or use of the Platform.

You may not use, reproduce, imitate, modify, display, publish, or otherwise exploit any Company trademark, logo, character, mascot, trade dress, or other branding without the Company's prior written permission. All trademarks, logos, product names, and other intellectual property appearing on the Platform that are owned by third parties remain the property of their respective owners, and their appearance on the Platform does not, by itself, imply any affiliation, sponsorship, or endorsement.

Copyright Infringement

The Company respects the intellectual property rights of others. If you believe that any content or material available on or through the Platform infringes your copyright, please provide the Company with written notice identifying the copyrighted work, the allegedly infringing material and its location on the Platform, your contact information, and the basis for your claim. Notices of alleged copyright infringement should be sent to danielgarney@dontmissabeat.info.

The Company reserves the right to remove or disable access to material that it believes may infringe the intellectual property rights of others and, where appropriate, to suspend or terminate the accounts of Users who repeatedly infringe such rights.

Submissions and Feedback

The Platform is not intended to provide message boards, chat rooms, public forums, user-to-user messaging, or other features through which Users publicly post or exchange content with other Users. The Company may, however, allow you to submit comments, suggestions, corrections, ideas, questions, recommendations, or other communications or materials directly to the Company (collectively, "Submissions").

You represent and warrant that you own or otherwise have all rights necessary to provide any Submission and that your Submission does not violate any applicable law or the intellectual property, privacy, publicity, contractual, or other rights of any third party.

Unless otherwise expressly agreed by the Company in writing, Submissions are provided voluntarily and will not be considered confidential or proprietary. By providing a Submission, you hereby assign to the Company all right, title, and interest you may have in and to the Submission, including all intellectual property and proprietary rights therein, to the fullest extent permitted by applicable law. To the extent any such rights cannot be assigned, you grant the Company a perpetual, irrevocable, worldwide, royalty-free, fully paid-up, transferable, and sublicensable license to use, reproduce, modify, adapt, create derivative works from, publish, distribute, display, perform, commercialize, and otherwise use and exploit the Submission for any purpose and in any manner or medium, now known or later developed, without notice, attribution, or compensation to you.

The Company has no obligation to use, review, respond to, acknowledge, maintain, or return any Submission.

Prohibited Uses

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

·      In any manner that violates any applicable federal, state, local, or international law or regulation, including applicable laws regarding the export of data, software, or technology;

·      To impersonate or attempt to impersonate the Company, any Company employee or representative, another User, or any other person or entity, or to misrepresent your identity or affiliation with any person or entity;

·      To transmit, distribute, or facilitate the transmission of any unauthorized advertising, promotional materials, spam, solicitation, or similar communication;

·      To use the Platform or Platform Content in any manner that infringes or violates the intellectual property, privacy, publicity, or other rights of the Company or any third party;

·      To use the Platform to transmit, upload, introduce, or distribute any virus, Trojan horse, worm, logic bomb, malicious code, or other material that is malicious, technologically harmful, or intended to interfere with the operation or security of the Platform;

·      To disable, overburden, damage, impair, disrupt, or interfere with the Platform or any server, network, system, or service connected to the Platform;

·      To attempt to gain unauthorized access to any portion of the Platform, any User account, or any server, computer, database, network, or system connected to the Platform;

·      To attack the Platform through a denial-of-service attack, distributed denial-of-service attack, or other attempt to interfere with the availability or proper operation of the Platform;

·      To use any robot, spider, scraper, crawler, automated process, software, device, or other means to access, monitor, extract, scrape, copy, index, collect, or otherwise obtain Platform Content or data from the Platform, except as expressly authorized by the Company;

·      To reverse engineer, decompile, disassemble, decode, or otherwise attempt to derive or gain access to the source code, underlying structure, algorithms, or other components of the Platform, except to the extent such restriction is prohibited by applicable law;

·      To circumvent, disable, bypass, remove, or interfere with any access control, security feature, technological protection measure, subscription restriction, usage limitation, or other feature designed to protect the Platform or Platform Content;

·      To use the Platform or Platform Content to develop, train, test, improve, or provide data or content to any artificial intelligence, machine learning, large language model, or other automated system or technology without the Company's prior written consent;

·      To access or use the Platform through another person's account or credentials, or permit another person to access or use the Platform through your account or credentials, except as expressly authorized by the Company;

·      To use the Platform or Platform Content for any commercial purpose, competitive purpose, or other purpose not expressly permitted by these Terms; or

·      Otherwise to attempt to interfere with the proper operation, security, integrity, or authorized use of the Platform.

The Company may investigate suspected violations of this section and may suspend, restrict, or terminate your access to all or any portion of the Platform if the Company determines, in its sole discretion, that you have violated these Terms or used the Platform in an unauthorized or unlawful manner. The Company may also cooperate with law enforcement authorities, courts, regulators, or other governmental authorities as required or permitted by applicable law.

Interactive Features and User Content

The Company may, now or in the future, make available discussion boards, forums, comments, profiles, messaging, or other interactive features that allow Users to submit, post, display, or communicate content or materials to other Users or third parties ("User Content"). If such features are made available, you are solely responsible for your User Content and represent and warrant that you have all rights necessary to provide it. User Content must comply with applicable law and must not be unlawful, fraudulent, defamatory, obscene, threatening, harassing, discriminatory, infringing, invasive of another person's privacy or other rights, commercially solicitous, or otherwise objectionable or harmful.

By providing User Content through the Platform, you grant the Company a perpetual, irrevocable, worldwide, royalty-free, fully paid-up, transferable, and sublicensable license to use, reproduce, modify, publish, distribute, display, perform, and otherwise use such User Content in connection with the Platform and the Company's business. The Company may, but has no obligation to, monitor, review, edit, remove, restrict, or refuse any User Content or interactive activity and may suspend or terminate access for violations of these Terms. The Company is not responsible for User Content provided by Users or third parties and may cooperate with law enforcement or other governmental authorities regarding User Content or activity on the Platform as required or permitted by applicable law.

Reliance on Content

Except as otherwise expressly provided in these Terms, all information and Content made available through the Platform is provided for general informational and educational purposes only. You are responsible for independently evaluating and verifying any information before relying upon or using it. Your use of and reliance upon Platform Content is subject to the disclaimers and limitations contained in these Terms, including the Content and Medical Disclaimer, Disclaimer of Warranties, and Limitation of Liability provisions.

The Platform may also contain content provided by third parties. Any opinions, statements, information, or other materials provided by third parties are solely the responsibility of the persons or entities providing them and do not necessarily reflect the views of the Company. The Company does not endorse or assume responsibility for third-party content merely because it is made available through the Platform.

Changes to the Platform

The Company may modify, update, replace, remove, or discontinue any Content, feature, functionality, or other part of the Platform from time to time in its sole discretion. Content available through the Platform may not always be complete, accurate, or current, and the Company is under no obligation to update any particular Content except as otherwise required by applicable law.

Information About You and Your Visits to the Platform

Information collected through or in connection with the Platform is handled in accordance with our Privacy Policy, which describes the types of information we may collect and our practices regarding the collection, use, disclosure, and protection of that information. Please review the Privacy Policy carefully.

Subscriptions, Purchases, and Third-Party Transactions

Certain features, Content, or services available through the Platform may require a paid subscription, purchase, or other fee. Subscriptions and other transactions may be offered, billed, processed, managed, renewed, or canceled through third-party platforms, application marketplaces, payment processors, or other service providers. Such transactions may be subject to additional terms, conditions, billing practices, renewal terms, cancellation procedures, refund policies, and other requirements imposed by the applicable third party, and you are responsible for reviewing and complying with those requirements.

The Company's separate terms of sale, customer agreement, or other applicable terms may govern purchases of goods or services offered by the Company outside the subscription or access features of the Platform. To the extent applicable to a particular transaction, those additional terms are incorporated by reference and will control with respect to that transaction in the event of a conflict with these Terms.

Linking to the Platform and Social Media Features

You may link to or share publicly available portions of the Platform in a lawful manner that does not damage the Company's reputation, infringe the Company's rights, or falsely suggest any association, affiliation, sponsorship, approval, or endorsement by the Company. You may use any linking, sharing, or social media features made available through the Platform only as provided and for their intended purposes.

Unless expressly authorized by the Company, you may not frame, mirror, embed, or otherwise display the Platform or Platform Content within another website, application, or service; link directly to or otherwise provide access to Platform Content in a manner that circumvents an account, subscription, payment requirement, access restriction, or other technological measure; or otherwise use links or sharing functionality to make Platform Content available in a manner prohibited by these Terms.

The Company may withdraw linking permission or disable any linking, sharing, or social media feature at any time in its sole discretion. You agree to cooperate with the Company in promptly discontinuing any unauthorized linking, framing, embedding, or sharing of the Platform or Platform Content.

Third-Party Links and Resources

The Platform may contain links to, integrations with, or other access to websites, applications, content, products, services, advertisements, or other resources provided by third parties. Such links and resources are provided for convenience or informational purposes only. Unless expressly stated otherwise, their inclusion does not constitute the Company's endorsement, sponsorship, approval, or recommendation of the third party or its content, products, or services.

The Company does not control and is not responsible for any third-party website, application, content, product, service, or resource, including its availability, accuracy, security, privacy practices, terms, or other practices. Your access to and use of third-party resources is at your own risk and may be subject to separate terms, conditions, and privacy policies imposed by the applicable third party.

Any transaction, purchase, subscription, agreement, or other relationship you enter into with a third party through, in connection with, or as a result of your use of the Platform is solely between you and the applicable third party. The Company is not a party to, and has no responsibility or liability for, any such transaction, agreement, product, service, representation, warranty, performance, payment, refund, dispute, or other obligation between you and a third party. To the fullest extent permitted by applicable law, you waive and release the Company and its affiliates, officers, directors, employees, and agents from any claims, liabilities, losses, damages, or disputes arising out of or relating to your dealings or agreements with any such third party.

Geographic Restrictions

The Company is based in the State of Florida in the United States, and the Platform is operated from the United States. The Platform may be made available to Users in the United States and other countries and jurisdictions. However, the Company does not represent or warrant that the Platform or any Platform Content is appropriate, available, lawful, or permitted for use in every country or jurisdiction.

If you access or use the Platform from outside the United States, you do so on your own initiative and are solely responsible for compliance with all laws, regulations, professional requirements, and other legal requirements applicable to you and your use of the Platform. You may not access or use the Platform from any jurisdiction in which such access or use is prohibited by applicable law.

The Company reserves the right, in its sole discretion, to limit, restrict, suspend, or discontinue the availability of the Platform, any Platform Content, or any feature or service in any country, jurisdiction, or geographic area at any time, including as necessary to comply with applicable law or third-party requirements.

Disclaimer of Warranties

TO THE FULLEST EXTENT PERMITTED BY APPLICABLE LAW, THE PLATFORM AND PLATFORM CONTENT ARE PROVIDED ON AN "AS IS" AND "AS AVAILABLE" BASIS. THE COMPANY MAKES NO REPRESENTATIONS OR WARRANTIES, EXPRESS OR IMPLIED, REGARDING THE PLATFORM OR PLATFORM CONTENT, INCLUDING THEIR ACCURACY, COMPLETENESS, RELIABILITY, AVAILABILITY, SECURITY, OR SUITABILITY FOR ANY PARTICULAR PURPOSE, OR THAT THE PLATFORM WILL BE UNINTERRUPTED, ERROR-FREE, FREE FROM HARMFUL COMPONENTS, OR COMPATIBLE WITH ANY PARTICULAR DEVICE, SOFTWARE, SYSTEM, OR SERVICE.

TO THE FULLEST EXTENT PERMITTED BY APPLICABLE LAW, THE COMPANY DISCLAIMS ALL EXPRESS AND IMPLIED WARRANTIES, INCLUDING WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE, AND NON-INFRINGEMENT.

THE FOREGOING DOES NOT EXCLUDE OR LIMIT ANY WARRANTY THAT CANNOT LAWFULLY BE EXCLUDED OR LIMITED.

Limitation on Liability

TO THE FULLEST EXTENT PERMITTED BY APPLICABLE LAW, THE COMPANY AND ITS AFFILIATES, LICENSORS, CONTENT PROVIDERS, SERVICE PROVIDERS, OFFICERS, DIRECTORS, EMPLOYEES, AND AGENTS WILL NOT BE LIABLE FOR ANY INDIRECT, INCIDENTAL, SPECIAL, EXEMPLARY, PUNITIVE, OR CONSEQUENTIAL DAMAGES, OR FOR ANY LOSS OF PROFITS, REVENUE, BUSINESS, GOODWILL, DATA, OR USE, ARISING OUT OF OR RELATING TO THE PLATFORM, PLATFORM CONTENT, THESE TERMS, OR YOUR ACCESS TO, USE OF, INABILITY TO USE, OR RELIANCE UPON THE PLATFORM OR PLATFORM CONTENT, REGARDLESS OF THE LEGAL THEORY ASSERTED AND EVEN IF ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.

TO THE FULLEST EXTENT PERMITTED BY APPLICABLE LAW, THE COMPANY'S TOTAL AGGREGATE LIABILITY ARISING OUT OF OR RELATING TO THE PLATFORM, PLATFORM CONTENT, OR THESE TERMS WILL NOT EXCEED THE GREATER OF (A) THE AMOUNT YOU PAID TO THE COMPANY FOR ACCESS TO THE PLATFORM DURING THE TWELVE (12) MONTHS IMMEDIATELY PRECEDING THE EVENT GIVING RISE TO THE CLAIM OR (B) TEN THOUSAND DOLLARS ($10,000.00).

THE LIMITATIONS IN THIS SECTION APPLY TO THE FULLEST EXTENT PERMITTED BY APPLICABLE LAW AND DO NOT EXCLUDE OR LIMIT LIABILITY THAT CANNOT LAWFULLY BE EXCLUDED OR LIMITED.

Indemnification

You agree to defend, indemnify, and hold harmless the Company and its affiliates, officers, directors, employees, and agents from and against any third-party claims, actions, liabilities, damages, judgments, losses, costs, and expenses, including reasonable attorneys' fees, arising out of or relating to: (a) your breach of these Terms; (b) your unlawful or unauthorized use of the Platform or Platform Content; (c) your use of Platform Content in a manner that causes injury or damage to a third party; or (d) your infringement or violation of any intellectual property, privacy, or other rights of a third party.

The Company may assume the defense and control of any matter subject to indemnification under this section, and you agree to reasonably cooperate in the defense of such matter.

Governing Law

These Terms and all disputes, claims, or controversies arising out of or relating to these Terms, the Platform, or Platform Content, whether arising in contract, tort, statute, or otherwise, will be governed by and construed in accordance with the laws of the State of Florida, without giving effect to any choice or conflict of law rule that would result in the application of the laws of another jurisdiction.

Binding Arbitration

PLEASE READ THIS SECTION CAREFULLY. IT REQUIRES YOU AND THE COMPANY TO RESOLVE MOST DISPUTES THROUGH INDIVIDUAL BINDING ARBITRATION RATHER THAN IN COURT AND LIMITS THE MANNER IN WHICH YOU MAY SEEK RELIEF.

Except for claims that qualify for small claims court and claims seeking temporary or preliminary injunctive relief to protect intellectual property, confidential information, or prevent unauthorized access to or use of the Platform or Platform Content, any dispute, claim, or controversy arising out of or relating to these Terms, the Platform, Platform Content, or the relationship between you and the Company will be resolved exclusively by final and binding arbitration administered by the American Arbitration Association ("AAA") in accordance with the AAA rules applicable to the dispute. This agreement to arbitrate is governed by the Federal Arbitration Act, 9 U.S.C. §§ 1 et seq.

The arbitration will be conducted before a single arbitrator and, unless applicable law or the applicable AAA rules require otherwise, will take place in Orange County, Florida. The arbitrator will apply Florida law consistent with the Governing Law provision above and will have authority to award any remedy or relief available to an individual party under applicable law and these Terms.

To the fullest extent permitted by applicable law, the arbitration proceeding, including filings, evidence, testimony, hearings, orders, and awards, will be treated as confidential by the parties, except to the extent disclosure is reasonably necessary to conduct the arbitration, enforce or challenge an arbitration award, comply with applicable law or legal process, or protect or enforce a party's legal rights.

Class Action and Representative Action Waiver

TO THE FULLEST EXTENT PERMITTED BY APPLICABLE LAW, YOU AND THE COMPANY AGREE THAT EACH MAY BRING CLAIMS AGAINST THE OTHER ONLY IN AN INDIVIDUAL CAPACITY AND NOT AS A PLAINTIFF, CLASS MEMBER, OR REPRESENTATIVE IN ANY PURPORTED CLASS, COLLECTIVE, CONSOLIDATED, OR REPRESENTATIVE ACTION OR PROCEEDING.

The arbitrator may not consolidate the claims of more than one person or entity or otherwise preside over any class, collective, consolidated, or representative proceeding, except to the extent such restriction is prohibited by applicable law.

Jurisdiction and Venue

For any dispute, claim, or proceeding that is not subject to arbitration under these Terms, you and the Company consent to the exclusive jurisdiction of the state and federal courts located in Orange County, Florida, and waive any objection based upon personal jurisdiction, venue, or forum non conveniens.

Waiver

No waiver by the Company of any term or condition of these Terms will constitute a continuing waiver of such term or condition or a waiver of any other term or condition. The Company's failure or delay in exercising or enforcing any right or remedy under these Terms will not constitute a waiver of that right or remedy.

Severability

If any provision of these Terms, or any portion thereof, is determined by a court, arbitrator, or other tribunal of competent jurisdiction to be invalid, illegal, or unenforceable, that provision will be enforced to the maximum extent permitted by applicable law and, if necessary, modified, limited, or severed to the minimum extent necessary to make it valid and enforceable. The invalidity, illegality, or unenforceability of any provision or portion thereof will not affect the validity or enforceability of any other provision of these Terms, and the remaining provisions will continue in full force and effect.

Savings Clause

Nothing in these Terms is intended to exclude, restrict, or waive any right or remedy that cannot lawfully be excluded, restricted, or waived under applicable law. To the extent any provision of these Terms conflicts with a mandatory provision of applicable law, the applicable law will control only to the minimum extent required, and the remaining provisions of these Terms will remain in full force and effect.

Survival

Any provisions of these Terms that by their nature should survive termination of your access to or use of the Platform will survive, including provisions concerning intellectual property, Submissions and User Content, disclaimers, limitations of liability, indemnification, dispute resolution, and any accrued rights or obligations.

Entire Agreement

These Terms, together with the Privacy Policy and any other terms, policies, or agreements expressly incorporated into or made applicable to your use of the Platform or a particular feature, subscription, product, or service, constitute the entire agreement between you and the Company regarding your use of the Platform and supersede all prior and contemporaneous understandings, representations, and agreements, whether written or oral, concerning the subject matter of these Terms.

Contact Us

The Platform is operated by Propper Consulting LLC, 1683 North Hancock Road, Suite 103-170, Minneola, Florida 34715, United States.

Questions, comments, feedback, requests for technical support, notices, and other communications regarding the Platform or these Terms may be directed to danielgarney@dontmissabeat.info.

The Company welcomes appropriate communications from Users but is not obligated to respond to any communication except as required by applicable law or expressly provided in these Terms. The Company may decline to respond to communications that are abusive, threatening, harassing, obscene, or otherwise inappropriate.