This is a legal agreement (“Agreement”) between you (“User”) and Broken Heart Rehab, Inc., a California corporation (doing business as BrokenHeartRehab.com) (“Company”). By accessing the Company web site, currently located at www.BrokenHeartRehab.com (“Site”), and using any of the Services (as defined below), you become a User of the Site and agree to, and are bound by, the terms and conditions of this Agreement.
IF YOU DO NOT AGREE TO BE BOUND BY THIS AGREEMENT, DO NOT USE THE SITE OR THE SERVICES.
1. DEFINITION OF SERVICES
Services consist of the without limitation: the website entitled BrokenHeartRehab.com, all electronic and written correspondence from the Company, all relationships advice and consultation services (“Coaching Services”), educational content and community services (“Content Services”), and any premium, group consultation, or event services offered by or on behalf of Company (“Premium Services”) (collectively “Services”).
Company may offer additional Services or revise any of the Services, at its discretion, and this Agreement will apply to all additional services or revised Services. Company also reserves the right to cease offering any of the Services.
2. PROVISION OF ADVICE
a. Not Licensed Professionals
The Company, its officers, directors, employees, agents, Content Services contributors, and related third parties (“Members”) provides Users with Services for self-discovery, personal growth, goal-setting and goal attainment in their personal lives, and is for informational and entertainment purposes only and is not intended to replace or substitute for any professional financial, medical, legal, or other advice. Services offered by the Company do not constitute therapy, counseling, professional health advice, or expertise in fields requiring licensure and/or certification.
b. No Representations
Company makes no representations or warranties and expressly disclaims any and all liability concerning its Services or information offered or provided within or through the Company. Company makes no guarantees, either express or implied, regarding any particular outcome or result arising from User’s use of the Services
c. Consultation with Licensed Professionals
Any consultation with the Company or its Members cannot and does not replace a meeting with a licensed professional. The Company and its Members are not medical professionals, mental health professionals, attorneys or other experts in fields requiring licensure and/or certification. User should consult with an appropriately trained and qualified licensed professional, expert, or specialist for specific concerns or a situation arising that requires professional or medical advice.
a. Timing of Payment
All payments must be made no less than 24-hours prior to any scheduled Coaching Services.
b. Method of Payment
All single sessions must be paid in advance by credit or debit card, using either Paypal. Company will not conduct Coaching Services until Company receives payment.
Company does not issue refunds for payments for Coaching Services.
4. RESCHEDULING, CANCELLATION, OR MISSED APPOINTMENT POLICY
a. Rescheduling Before 24 Hours of Appointment (Without Penalty)
If an appointment is cancelled before the 24-hour period before the scheduled appointment, User may reschedule without penalty.
b. Rescheduling Within 24 Hours of Appointment (Penalty)
If an appointment is cancelled during the 24-hour period before the scheduled appointment, Company will charge User a $25.00 penalty and will be permitted to reschedule the appointment.
c. Missed Appointments (No Refund)
Company does not issue refunds for missed appointments.
5. USE OF ELECTRONIC COMMUNICATION METHODS
a. Types of Electronic Communication Methods
Electronic and mobile means of communications, including but not limited to email, mobile phone, landlines, Skype, Go-to-Meeting, FreeConferenceCall.com, and all similar voice transmission and video communication methods (“Communication Methods”), may be used during Coaching Services.
b. Security Issues
User understands that, as with any technology, there are a number of security concerns associated with the use of such Communication Methods, including but not limited to beaches of confidentiality by hackers or internet service providers at either end by others with access to the Communication Methods. By engaging in such Communication Methods with Company or its Members, User acknowledge and agrees to hold Company harmless from any loss or damages User may incur by the use of these services due to such factors. It is User’s responsibility to maintain the security of his or her computer and to have installed an active and up-to-date anti-virus program, internet security and firewall.
c. Technical Problems
Technical problems may interrupt or degrade the quality of Coaching Services. Company reserves the right to terminate any of the Coaching Services if the communication quality is inadequate. Company will credit the User for the unused portion of a session should this happen.
d. Use of Electronic Communications
Company expressly disclaims responsibility for reviewing any electronic communications, including but not limited to email, voice mail, or SMS messages.
6. ADULT USERS ONLY
By using the Site or engaging the Company, User represents and warrants that s/he is at least 18 years old, and with the right, authority and capacity to enter agree to and abide by this Agreement.
7. USE OF INTELLECTUAL PROPERTY
User may not use or reproduce any of the processes, techniques, presentations, methodologies, precedents and materials used by Company in its Services as defined above.
8. NO HARASSMENT OF COMPANY EMPLOYEES OR AGENTS
User will not harass, annoy, intimidate, or threaten any Company employees or agents engaged in providing any portion of the Services. If User’s behavior towards Company’s Members is at any time harassing, intimidating, threatening, or offensive, Company reserves the right to immediately terminate User’s membership and User will not be entitled to any refund of unused subscription fees, and/or inform law enforcement.
9. THIRD PARTY WEBSITES
a. No Control Over Third Party Websites
Company may provide, or third parties may provide, links or other access to other sites and resources on the Internet. Company has no control over such sites, and is not responsible for and does not endorse such sites and resources. User further acknowledge and agree that Company will not be responsible or liable, directly or indirectly, for any damage or loss caused or alleged to be caused by or in connection with use of or reliance on any information furnished by third party sites, content, events, goods or services available on or through any such site or resource.
b. Dealings with Third Party Websites
Any dealings User have with third parties found while using the Services are between User and the third party, and User agree that Company is not liable for any loss or claim against any such third party. Opinions, advice, statements, offers, or other information or content made available on the third party sites, but not directly by Company, are those of their respective authors, and should not necessarily be relied upon. Such authors are solely responsible for such content. COMPANY DOES NOT: (i) GUARANTEE THE ACCURACY, COMPLETENESS OR USEFULNESS OF ANY INFORMATION PROVIDED ON THE SERVICES, OR (ii) ADOPT, ENDORSE OR ACCEPT RESPONSIBILITY FOR THE ACCURACY OR RELIABILITY OF ANY OPINION, ADVICE, OR STATEMENT MADE BY ANY PARTY OTHER THAN COMPANY. UNDER NO CIRCUMSTANCES WILL COMPANY BE RESPONSIBLE FOR ANY LOSS OR DAMAGE RESULTING FROM ANYONE’S RELIANCE ON INFORMATION OR OTHER CONTENT POSTED ON THE SERVICES, OR TRANSMITTED TO OR BY ANY USERS.
10. DISCLOSURE BY LAW
Company may disclose information User provides if required to do so by law, at the request of a third party, or if Company, in its sole discretion, believes that disclosure is reasonable to (1) comply with the law, requests or orders from law enforcement, or any legal process (whether or not such disclosure is required by applicable law); (2) protect or defend Company’s, or a third party’s, rights, reputation, or property; or (3) protect someone’s health or safety, such as when harm or violence against any person (including the User) is threatened.
11. DISCLOSURE TO PROTECT ABUSE VICTIMS
12. DISCLAIMER OF WARRANTY
THIS SECTION WILL APPLY TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW. COMPANY PROVIDES THE SERVICES ON AN “AS IS” AND “AS AVAILABLE” BASIS AND GRANTS NO WARRANTIES OF ANY KIND, WHETHER EXPRESS, IMPLIED, STATUTORY OR OTHERWISE WITH RESPECT TO THE SERVICES OR THE SITE (INCLUDING ALL INFORMATION CONTAINED THEREIN), INCLUDING ANY IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE OR NON-INFRINGEMENT. COMPANY DOES NOT WARRANT THAT USER’S USE OF THE SERVICES WILL BE SECURE, UNINTERRUPTED, ALWAYS AVAILABLE, ERROR-FREE OR WILL MEET USER’S REQUIREMENTS, OR THAT ANY DEFECTS IN THE SERVICES WILL BE CORRECTED. COMPANY DISCLAIMS LIABILITY FOR, AND NO WARRANTY IS MADE WITH RESPECT TO, THE CONNECTIVITY AND AVAILABILITY OF THE SERVICES.
13. LIMITATION OF LIABILITY
TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, IN NO EVENT WILL COMPANY BE LIABLE FOR ANY INCIDENTAL, SPECIAL, CONSEQUENTIAL OR INDIRECT DAMAGES ARISING OUT OF OR RELATING TO THE USE OR INABILITY TO USE THE SERVICES, INCLUDING, WITHOUT LIMITATION, DAMAGES FOR LOSS OR CORRUPTION OF DATA OR PROGRAMS, SERVICE INTERRUPTIONS AND PROCUREMENT OF SUBSTITUTE SERVICES, EVEN IF COMPANY KNOWS OR HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, UNDER NO CIRCUMSTANCES WILL COMPANY’S AGGREGATE LIABILITY, IN ANY FORM OF ACTION WHATSOEVER IN CONNECTION WITH THIS AGREEMENT OR THE USE OF THE SERVICES OR THE SITE, EXCEED THE PRICE PAID BY USER FOR USER’S SERVICES.
14. NO LIABILITY FOR NON-COMPANY ACTIONS
TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, IN NO EVENT WILL COMPANY BE LIABLE FOR ANY DAMAGES WHATSOEVER, WHETHER DIRECT, INDIRECT, GENERAL, SPECIAL, COMPENSATORY, CONSEQUENTIAL, AND/OR INCIDENTAL, ARISING OUT OF OR RELATING TO THE CONDUCT OF USER OR ANYONE ELSE IN CONNECTION WITH THE USE OF THE SERVICES, INCLUDING WITHOUT LIMITATION, BODILY INJURY, EMOTIONAL DISTRESS, AND/OR ANY OTHER DAMAGES RESULTING FROM COMMUNICATIONS OR MEETINGS WITH OTHER REGISTERED USERS OF THE SERVICES. THIS INCLUDES ANY CLAIMS, LOSSES OR DAMAGES ARISING FROM THE CONDUCT OF USERS WHO HAVE REGISTERED UNDER FALSE PRETENSES OR WHO ATTEMPT TO DEFRAUD OR HARM USER.
User agrees to indemnify, defend and hold harmless Company, its subsidiary and parent companies, and each of their officers, directors, employees, agents and related third parties, for any losses, costs, liabilities and expenses (including reasonable attorneys’ fees) relating to or arising out of any third party claim that (a) user’s use of or inability to use the Site or Services, (b) any user postings made by User, (c) user’s violation of any terms of this Agreement or user’s violation of any rights of a third party, or (d) user’s violation of any applicable laws, rules or regulations.
16. TERMINATION BY THE COMPANY
Company reserves the right to immediately suspend or terminate user’s access to any of the Services, without notice, for any reason or no reason. In the event user’s access to any of the Services is suspended due to the breach of this Agreement, User will not be entitled to any refund of the unused fees. Company is not required, and may be prohibited, from disclosing a reason for the termination of user’s account.
17. CANCELLATION AS A RESULT OF DEATH OR DISABILITY
If by reason of death or disability User are unable to receive all Services for which User contracted, User or user’s estate may elect to be relieved of the obligation to make payments for services other than those received before death or the onset of disability. If User have prepaid any amount for the Services, so much of the amount prepaid that is allocable to services that User have not received will be promptly refunded to User or user’s representative. “Disability” means a condition which precludes User from physically using the Singles Service during the term of disability and the condition is verified in writing by a physician designated and remunerated by User. Written verification from the physician must be presented to Company. If the physician determines that the duration of the disability will be less than six (6) months, Company may extend the term of the Single Services contract for a period of six (6) months at no additional charge to User in lieu of cancellation.
User and Company agree that any disputes arising out of or related to the Site, the Services, this Agreement and/or any policies or practices of Company (“Dispute”) will be subject to FINAL AND BINDING ARBITRATION as set forth in this section, and may only be resolved through an individual arbitration governed by the Federal Arbitration Act, to the maximum extent permitted by applicable law. The only exceptions to this agreement to arbitrate Disputes are claims of infringement or misappropriation of Company’s copyright, patent, trade secret, trademark, service mark, trade dress or other intellectual property or proprietary rights, which Company may elect to have resolved by means other than arbitration. Notwithstanding the above, Company is always interested in attempting to resolve any Disputes by amicable and informal means, and we encourage User to contact us before resorting to arbitration. USER AND COMPANY AGREE THAT WE ARE EACH GIVING UP OUR RIGHT TO GO TO COURT in connection with any Dispute, and that our rights will be determined by a NEUTRAL ARBITRATOR, NOT A JUDGE OR JURY.
If the parties are unable to resolve a Dispute by informal means, the arbitration of Disputes will be administered by either AAA or JAMS, Inc., an organization not affiliated with Company, in accordance with its Commercial Arbitration Rules, and if deemed appropriate by the arbitrator, the Supplementary Procedures for Consumer-Related Disputes. Any proceeding to enforce this arbitration agreement may be brought in any court of competent jurisdiction.
Regardless of any statute or law to the contrary, and to the maximum extent permitted by applicable law, any Dispute must be filed within one (1) year after the date in which the incident giving rise to the Dispute occurred. Failure to file an arbitration claim as described above within the applicable limitations period constitutes a waiver of such claim and serves as complete bar to any claim based on any Dispute.
19. CHOICE OF LAW
- 20. VOID WHERE PROHIBITED
User is responsible for ensuring use of the Services complies with all laws, rules and regulations applicable to User. These Terms are void and use of the Services is not permitted where such use is prohibited.
- 21. SEVERANCE
If any provision of this Agreement is held invalid, the remainder of this Agreement will continue in full force and effect.
- 22. WAIVER
The failure of Company to exercise or enforce any right or provision of this Agreement does not constitute a waiver of such right or provision.
- 23. USE OF TITLES
The section titles in this Agreement are for convenience only and have no legal or contractual effect.
- 24. RELATIONSHIP OF THE PARTIES
No agency, partnership, joint venture, employee-employer or franchisor-franchisee relationship is intended or created by these Terms between User and Members.
- 25. RIGHT TO MODIFY THIS AGREEMENT
This Agreement is subject to change by Company in its sole discretion. Such changes are effective upon posting by Company. User’s continued use of the Services after the posting of revisions to this Agreement will constitute acceptance of this Agreement as modified.