Effective: August 19, 2020
BY USING OUR WEBSITE, YOU ACCEPT AND AGREE TO BE BOUND BY ALL OUR POLICIES GOVERNING OUR WEBSITE. If you do not agree to our Policies, you may not access or otherwise use our Website.
Do Not Use Our Website For Emergencies.
If you think you have a medical emergency, call your doctor or 911 immediately. Do not rely on electronic communications or communications through our Website for immediate or urgent needs.
No Medical Advice.
Our Website does not provide medical or mental health advice. The information, trainings, products, and services on or obtained through our Website (collectively, the “Content”) is provided for reference and educational purposes only. The Content is not meant to be complete or exhaustive or to be applicable to any specific individual’s condition. We assume no duty to correct or update our Website or to resolve or clarify any inconsistent information that might be a part of our Website. Our Website is not an attempt to practice medicine or provide specific medical or mental health advice, and it should not be used to replace a qualified health care and/or mental health provider’s judgment, diagnosis, or treatment. Use of our Website and/or communicating with us does not automatically establish a doctor-patient or client relationship.
As between you and us, we own, solely and exclusively, all rights, title, and interests in and to our Website, all the Content, other than that which you submit to us. With regard to material we do not own that is contained on our Website, we have the right to display such Content in the manner displayed on our Website. Your use of our Website does not grant you ownership of any kind of any Content, code, data, or materials you may access on or through our Website. The trademarks, logos, service marks and trade names (collectively the “Trademarks”) displayed on our Website or on Content available through our Website are registered and unregistered Trademarks of ours and/or others. All Trademarks not owned by us that appear on our Website or on or through our Website's services, if any, are the property of their respective owners. Nothing contained on our Website grants, by implication, estoppel, or otherwise, or should be construed as granting, by implication, estoppel, or otherwise, any license or right to use any Trademark displayed on our Website without our written permission or that of the third party rights holder.
You may access and view the Content on our Website on your computer or other device for your personal, non-commercial use. You may not use our Website for commercial purposes, in any way that does not comply with the law in your jurisdiction, or in a manner that we determine is harmful to us or any other person or entity. Other than as expressly permitted by us in advance in writing, you may not download, post, publish, change, alter, delete, reproduce, distribute, transmit, modify, transfer, or create derivative works from, sell or otherwise exploit any Content, code, or data on or available through our Website. If you violate this license, you may be subject to liability for the unauthorized use including, without limitation, for violations of copyright and other laws by you or anyone obtaining such information from or through you.
Any commercial or promotional distribution, publishing or exploitation of our Website, or any Content, code, or data on our Website, is strictly prohibited unless you have received our express prior written permission.
Right to Monitor and Restrict.
We reserve the right, but do not have an obligation, to review all materials posted to our Website or through our Website’s services or features by you and other users. We may also impose limits on certain features of any forums or restrict your access to part or all of any forums without notice or penalty if we believe you are or may be in breach of our Terms of Service, our other Policies, or applicable law, without notice or liability.
Registrations and Purchases.
We may make certain trainings, products, or services available through our Website. You may only register and/or purchase trainings, products, or services, if, and you hereby represent and warrant that, you are at least 18 years of age. You agree to pay in full the prices for any courses you attend or purchases you make either by credit/debit card concurrent with your online order or by other payment means acceptable us. You agree to pay all applicable taxes. If payment is not received by us from your credit or debit card issuer or its agents, you agree to pay all amounts due upon demand by us. Certain trainings, products, or services you purchase and/or download on or through our Website may be subject to additional terms and conditions presented to you at the time of such purchase or download or thereafter.
Third Party Websites and Links to Our Website.
You may be able to link from our Website to a third party’s website. You hereby acknowledge and agree that we have no responsibility for or control of the information, content, practices, or policies of such third party websites, and that when you visit such third party websites you do so completely at your own risk. Links to third party websites, if any, are provided solely for your convenience, and we reserve the right to disable links from third-party sites to our Website at any time and without notice. Our links to third party websites do not amount to an endorsement or sponsorship by us of such websites or the content, products, services, or advertising found there and must not be construed as such. Further, you agree that if you include a link to our Website, such link shall link to the full version of an HTML formatted page of this Website. You are not permitted to link directly to any image hosted on our Website or our services, such that an image on our Website is displayed on another website. You agree not to link from any other website to our Website in such a way that any page of our Website is “framed” by any third party content or branding. We reserve all rights under the law to insist that any link to our Website be discontinued, that the link open in a new browser window, and/or to revoke your right to link to our Website from any other website at any time upon written notice to you.
DISCLAIMER OF WARRANTIES.
OUR WEBSITE, INCLUDING, WITHOUT LIMITATION, ALL content, TRAININGS, PRODUCTS, SERVICES, FUNCTIONality, AND MATERIALS PROVIDED on or THROUGH OUR WEBSITE, ARE PROVIDED "AS IS," AND "AS AVAILABLE," WITHOUT WARRANTY OF ANY KIND, EITHER EXPRESS OR IMPLIED, INCLUDING, WITHOUT LIMITATION, with respect to ANY INFORMATION, DATA, DATA PROCESSING SERVICES, UPTIME OR UNINTERRUPTED ACCESS, AVAILABILITY, PLAYABILITY, DISPLAYABILITY, ACCURACY, USEFULNESS, CORRECTNESS, PRECISION, THOROUGHNESS, COMPLETENESS, TITLE, NON-INFRINGEMENT, MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE, AND WE HEREBY DISCLAIM ANY AND ALL SUCH WARRANTIES.
WE DO NOT WARRANT THAT OUR WEBSITE OR THE content, trainings, SERVICES, PRODUCTS, FUNCTIONality, or materials on or PROVIDED THROUGH OUR WEBSITE WILL BE TIMELY, SECURE, UNINTERRUPTED OR ERROR FREE, OR THAT DEFECTS WILL BE CORRECTED. WE MAKE NO WARRANTY THAT OUR WEBSITE, or any content, trainings, products, SERVICES, or functionality WILL MEET USER REQUIREMENTS. WE ASSUME NO RESPONSIBILITY, AND SHALL NOT BE LIABLE FOR, ANY DAMAGES TO, OR VIRUSES THAT MAY INFECT, YOUR EQUIPMENT or devices ON ACCOUNT OF YOU ACCESSing, USing, OR BROWSING OUR WEBSITE OR YOU DOWNLOADING ANY CONTENT (Including MATERIALS, DATA, TEXT, IMAGES, VIDEO CONTENT, OR AUDIO Content) FROM OUR WEBSITE.
UNDER NO CIRCUMSTANCES DOES YOUR USE OF OUR WEBSITE FORM ANY RELATIONSHIP, WHETHER IMPLIED OR EXPRESS, with US. WE expressly DISCLAIM ANY SUCH RELATIONSHIP AND ANY LIABILITY ARISING AS A RESULT OF OUR USE OF ANY information you provide, INCLUDING, WITHOUT LIMITATION, MESSAGES, COMMENTS OR CONTRIBUTIONS, CONTAINED ON OUR WEBSITE.
LIMITATION OF LIABILITY.
Indemnification by You.
You agree to defend, indemnify and hold us and our members, directors, officers, employees, and agents harmless from any and all claims, liabilities, losses, damages, penalties, costs and expenses, including reasonable attorneys' fees, arising in any way from your: (a) use of our Website, including any Content; (b) transmission of any message, communication, or information to us or others; (c) breach or threatened breach of our Policies; or (d) your violation of the law.
Governing Law and Jurisdiction.
Our Policies are governed exclusively by the internal laws of the State of Washington, without regard to conflict of law principles. By accessing our Website, you hereby consent to the exclusive jurisdiction of the state and federal courts located in Seattle, Washington, to adjudicate any dispute arising out of or relating our Policies, including your use of our Website, and consent and submit to the personal jurisdiction of such courts for the purpose of litigating any such matters.
You agree that: (a) our Website is deemed based solely in the State of Washington, USA; and (b) our Website is deemed a passive website that does not give rise to personal jurisdiction over Dialogical Therapy, PLLC, either specific or general, in any jurisdiction other than the State of Washington, USA. You further acknowledge that we do not claim, and we cannot guarantee, that our Website is or will be appropriate or available for any other location or jurisdiction.
Headings used in our Policies are for convenience of reference only and will not affect in any way their meaning or interpretation. As used in the our Policies, the plural includes the singular, the singular includes the plural, any reference to an entity or person means both, as applicable, any reference to the gender of any person shall be deemed adjusted to connote the gender of the person intended to be designated by such reference, and the words “includes” or “including” shall mean including without limitation.
Our Policies constitute the complete, exclusive, and fully integrated statement of the agreement between you and us with respect to their subject matter and supersede and preempt any other understandings, agreements, or representations, whether written or oral, related thereto.
If any provision of our Policies is deemed unlawful, void, or unenforceable by an arbitrator or court of competent jurisdiction, then that provision will be revised, limited, or eliminated from our Policies to the minimum extent necessary and will not affect the validity and enforceability of any remaining provisions.
Successors and Assigns.
Your agreement to be bound by our Policies shall bind and inure to the benefit of your and our successors and assigns; provided, however, that neither your agreement to be bound by the our Policies nor any of your rights hereunder may be assigned by you without our prior written consent, which we may grant or withhold in our sole discretion.
Merger or Sale.
If we are involved in a merger, acquisition, reorganization, consolidation, sale of assets, bankruptcy, or similar transaction or proceeding, some or all of our Website, including its Content and User Data, may be sold or transferred as part of that transaction, and you hereby agree to such sale or transfer of your User Data, as applicable.
You acknowledge that any use of our Website contrary to our Policies, or any transfer, sublicense, copying, or disclosure of technical information, Content, or materials on or related to our Website may cause irreparable injury to us and any other person or entity authorized by us to resell, distribute or promote our Website (a “Promoter”), and under such circumstances, we and our Promoters, in addition to remedies at law, will be entitled to equitable relief without posting bond or other security, including preliminary and/or permanent injunctive relief.
Our failure (or delay) to exercise or enforce any right or provision of our Policies, will not constitute a waiver of such right or provision. Any waiver of any provision of our Policies will be effective only if in writing and signed by an authorized representative of Dialogical Therapy, PLLC.
All communications between you and us must be in English.
When you access or use our Website or send an email, message, or other communications to us electronically, you consent to receive communication from us electronically or by any means, including email, text messages, mobile push notices, telephone, or video calls, and/or notices or messages through our Website. If we send email or text messages to you at an email address you provide to us, you are deemed to have received such email whether or not you actually did receive or read it. You are advised to retain copies of written communications for your records. You agree that all electronic communications we provide to you satisfy any requirement that a communication or notice be in writing pursuant to our Policies or otherwise. Further, you agree that we may contact you using autodialed or prerecorded calls at any telephone number you have provided to us. You agree that we may contact you by any form of communication to: (a) contact you regarding your relationship with us; (b) facilitate marketing efforts; (c) resolve a dispute; (d) respond to inquiries; (e) troubleshoot or as we determine is otherwise required; (f) enforce our Policies or any other agreement we may have with you; or (g) as requested by any law enforcement, governmental, or similar agency. You understand and agree that we may, in our sole discretion, use a third-party service or by doing so ourselves, monitor and record any communications between you and our employees, contractors, representatives, or agents for purposes of quality control and for our own protection. If you do not consent to the recording of telephone or video calls by us, your only remedy is to not engage with us by such means. We may use automated systems to scan, analyze, and/or store the contents of some or all communications, including messages sent to us or other users through our Website, to detect and prevent fraudulent activity, violations of our Policies, or otherwise. This scanning and analysis may occur before, during, or after the communication is sent, or while in storage, and may result in your communication being delayed or withheld.
Use of our Website and/or communicating with us does not automatically establish a doctor-patient or client relationship.
If you have questions about our Policies, please contact us at Dialogical Therapy, PLLC, 2706 N. Warner Street, Tacoma, Washington 98407 or email@example.com.