If you do not agree with any of these Terms and conditions, do not use the Site.
By using our site or services, you understand and agree that we may communicate with you regarding the services. You may also consent to receiving periodic e-mail messages from us concerning the services we offer.
Although we make every effort to provide accurate information on the Site, we assume no responsibility for the accuracy of the information contained on it. We may change the services mentioned at any time without notice and we may periodically make changes to the Site.
The Terms provided herein may be revised at any time by updating this page. By using the website, you agree to be bound by any such revisions. Users of the website are encouraged to check this document frequently to stay informed of the website’s Terms.
If you have a question regarding using our website, you may contact us by email at firstname.lastname@example.org.
By using the Site and the services, you warrant that you are over 18 years of age, that you are providing accurate, truthful information, and that you have the authority to use the services. We reserve the right to refuse service for any reason.
In addition, you agree that, while using the Site and the services, you shall not:
(a) engage in or encourage conduct that would violate any applicable law, rule, regulation, judicial or government order or give rise to civil liability or violate or infringe upon any intellectual property, proprietary, privacy, moral, publicity or other rights of ours or of any other person or entity;
(b) modify, disrupt, impair, alter or interfere with the use, features, function, operation or maintenance of the services or the rights or use or enjoyment of the services by any other user;
(c) impersonate any person or entity or falsely state or otherwise represent your affiliation with a person, or entity;
(d) modify, reverse engineer, decompile or disassemble any part of the services, whether in whole or in part, or create any derivative works from any part of the services, or encourage, assist or authorize any other person to do so.
COPYRIGHT & TRADEMARK RIGHTS
OnWords Therapy, our logo, and Site are all property of OnWords Therapy. Other trademarks, product names and company names or logos used on this site are the property of their respective owners. All images, graphics, text and other content used in connection with the Site are protected by trademark, copyright and other proprietary laws and treaty provisions. You may not download (except where invited), reproduce, modify, publish, distribute, transmit, transfer, sell or modify any portion of this Site without our express written authorization.
These Terms and your use of the services is governed by, construed and enforced in accordance with the internal substantive laws of the State of California, without regard to conflict of laws provisions.
You agree to defend, indemnify, and hold harmless, us, our agents, independent contractors, and affiliates from all liabilities, claims, expenses, including attorneys’ fees, that arise from your use or misuse of this Site. We reserve the exclusive right to settle, compromise, and pay claims or losses resulting from your use or misuse of our Site and to assume the exclusive defense and control of any matter otherwise subject to indemnification by you, in which event you will cooperate in asserting any available defenses. In any event, you agree to not settle any claims without the prior written consent.
DISCLAIMER AND LIMITATION OF LIABILITY
IN NO EVENT SHALL WE OR AN AGENT OR AFFILIATE OF OURS BE LIABLE TO YOU OR ANY THIRD PARTY FOR ANY SPECIAL, PUNITIVE, INCIDENTAL, INDIRECT OR CONSEQUENTIAL DAMAGES OF ANY KIND, OR ANY DAMAGES WHATSOEVER, INCLUDING, WITHOUT LIMITATION, THOSE RESULTING FROM LOSS OF USE, SITE PERFORMANCE, SITE SECURITY, ERRORS OR OMMISSIONS IN THE SITE’S TECHNICAL OPERATION, DISCLOSURES OF ANY PERSONAL INFORMATION SUBMITTED THROUGH THE SITE, WHETHER OR NOT WE HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES OR EVEN IF THE CONSEQUENCES WERE FORESEEABLE, AND ON ANY THEORY OF LIABILITY, ARISING OUT OF OR IN CONNECTION WITH THE USE OF THIS SITE OR OF ANY WEBSITE REFERENCED OR LINKED TO FROM THIS SITE.
SOME JURISDICTIONS PROHIBIT THE EXCLUSION OR LIMITATION OF INCIDENTAL OR CONSEQUENTIAL DAMAGES OF THE SORT DESCRIBED ABOVE, SO THE ABOVE LIMITATION OR EXCLUSION MAY NOT APPLY TO YOU.
TO THE FULLEST EXTENT PERMITTED BY APPLICABLE LAW, IN NO EVENT WILL TOTAL LIABILITY TO YOU, FOR ALL POSSIBLE DAMAGES, LOSSES, AND CAUSES OF ACTION IN CONNECTION WITH YOUR ACCESS TO AND USE OF THE WEBSITE AND YOUR RIGHTS UNDER THESE TERMS, EXCEED $100.
Notwithstanding the foregoing, any dispute, claim or controversy under $15,000 in value arising out of or relating to this agreement, or the breach thereof, shall be settled by arbitration administered by FairClaims (www.fairclaims.com) in accordance with its Arbitration Rules & Procedures effective at the time a claim is made, and judgment on the award rendered by a single arbitrator may be entered in any court having jurisdiction thereof. You consent to electronic service of process, with service to OnWords Therapy being made to and service to you being made to any email address you provide us with when scheduling services. The Parties agree that, in the event of confirmation and enforcement, the delinquent party will be responsible for any attorney, court or other fees associated with such action.
WAIVER OF CLASS ACTIONS AND CLASS ARBITRATIONS.
YOU AGREE TO BRING DISPUTES AGAINST US ONLY IN AN INDIVIDUAL CAPACITY, AND NOT AS A PLAINTIFF OR CLASS MEMBER IN ANY PURPORTED CLASS OR REPRESENTATIVE PROCEEDING, INCLUDING WITHOUT LIMITATION FEDERAL OR STATE CLASS ACTIONS, OR CLASS ARBITRATIONS. NEITHER PARTY WILL SEEK TO HAVE ANY DISPUTE HEARD AS A CLASS ACTION, PRIVATE ATTORNEY GENERAL ACTION, OR IN ANY OTHER PROCEEDING IN WHICH EITHER PARTY ACTS OR PROPOSES TO ACT IN A REPRESENTATIVE CAPACITY. NO ARBITRATION OR OTHER PROCEEDING WILL BE COMBINED WITH ANOTHER WITHOUT THE PRIOR WRITTEN CONSENT OF ALL PARTIES TO ALL AFFECTED ARBITRATIONS OR PROCEEDINGS.
If any provision of these Terms is deemed invalid, unlawful, void, or unenforceable by a court or arbitrator of competent jurisdiction, then that provision shall be severed from these Terms, and the invalidity of the provision will not affect the validity or enforceability of the remainder of these Terms.