User Agreement to Terms of Use

Definitions

EFFECTIVE DATE: [su_post field=”post_modified”]

OWNER (also referred to as “we”, “our”): Gresham Counseling and Therapy LLC

WEBSITE: All Together Wellness

WEBSITE ADDRESS: http://alltogetherwellness.com

SERVICES: digital interfaces, source code, data, digital multimedia, products, information, and services produced, owned, provided, or distributed by the OWNER

USER (also referred to as “you”, “your”): the person using SERVICES

GOVERNING LAW: Gresham, Multnomah County, Oregon, United States of America

JURISDICTION: Gresham, Multnomah County, Oregon, United States of America

Overview

This USER AGREEMENT TO TERMS OF USE is a binding legal agreement between you and the OWNER in relation to your use of the SERVICES. Collectively, this legal agreement is referred to below as the AGREEMENT.

By accessing SERVICES, the you, the USER, signify that you have read, understood, and agreed to be bound by the terms of this AGREEMENT and have the legal authority to accept this AGREEMENT on behalf of yourself and any party you represent in connection with you use of any SERVICES.

If you do not agree with all terms of this AGREEMENT, you are not authorized to use any SERVICES and must immediately cease accessing all SERVICES.

Enforcement

  • This AGREEMENT shall be governed by the laws the defined GOVERNING LAW.
  • Disputes, including legal action, with the owner or its owners or contributors shall be initiated and completed in the defined JURISDICTION.
  • If either the OWNER or the USER fail to insist on or enforce strict performance of any of this AGREEMENT, such failure will not be construed as a waiver of any provision or right.
  • If any portion of this agreement is held legally invalid or unenforceable, remaining portions shall continue to be in effect.

Privacy Policy

All matters regarding USER information is contained in the OWNER’s PRIVACY POLICY regarding SERVICES. You acknowledge that you have read and understood the PRIVACY POLICY before using SERVICES.

Trademark and Copyright

The WEBSITE and OWNER’s name, logos, icons, and other registered and non-registered trademarks and the content of SERVICES are the property of the OWNER and may only be used by the USER in accordance with this AGREEMENT and any other agreement formally entered into between the OWNER and the USER.

The OWNER holds the copyright to all SERVICES, unless otherwise specified, both with and without copyright notices are present with the SERVICES and with and without formal registration of copyright of SERVICES.

Disclaimer of Warranties

To the fullest extent permitted by applicable law, the OWNER offers the SERVICES as-is and makes no representations or warranties of any kind concerning the services, expressed, implied, statutory, or otherwise.

The OWNER does not warrant that

  • the functions of the services will be uninterrupted or error-free,
  • any defects will be corrected,
  • servers used by the OWNER are free of viruses or other harmful components,
  • the content available through the SERVICES are accurate or reliable.

Limits of Liability

To the fullest extent permitted by applicable law, in no event will the OWNER be liable to you on any legal theory for any incidental, direct, indirect, punitive, actual, consequential, special, exemplary, or other damages, including, without limitation, loss of revenue or income, lost profits, pain and suffering, emotional distress, cost of substitute goods or services, or similar damages suffered or incurred by you or any third party that arise in connection with the SERVICES or the termination of SERVICES.

To the fullest extent permitted by applicable law, the OWNER is not responsible or liable whatsoever in any manner for any content posted on or available through the SERVICES, for your use of the SERVICES, or for the conduct of third parties on or through the SERVICES.

Indemnification

To the extent authorized by law, you agree to indemnify and hold harmless the OWNER, its employees, officers, directors, affiliates, and agents from and against any and all claims, losses, expenses, damages, and costs, including reasonable attorneys fees, resulting directly or indirectly from or arising out of your violation of the Terms, your use of any of the SERVICES, and/or the content you make available on any of the SERVICES.

USER’s Responsibilities

  • You will be fully responsible for the use, implementation, and outcomes of using any SERVICES.

USER Use of SERVICES

  • You may use the content only for personal use or for use within your organization.

Prohibited Use of SERVICES and Conduct by USER

  • You may not use SERVICES a substitute for professional advice.
  • You may not distribute SERVICES in any digital, analog, or tangible format, unless you receive a license to do so issued by the OWNER.
  • You may not not alter, remove, or obscure copyright, trademark, and licensing information on SERVICES.
  • You may not digitally alter SERVICES.
  • You may not use any SERVICES for any illegal purpose or in violation of any local, state, national, or international laws
  • You may not violate or encourage others to violate any right of or obligation to a third party, including by infringing, misappropriating, or violating intellectual property, confidentiality, or privacy rights.
  • You may not use the SERVICES or any information provided through the SERVICES for the transmission of advertising or promotional materials.
  • You may not use the SERVICES in any manner that could disable, overburden, damage, or impair the SERVICES, or interfere with any other party’s use and enjoyment of the Services.
  • You may not upload or otherwise disseminate any virus, adware, spyware, worm or other malicious code.
  • You may not interfere with or disrupting any network, equipment, or server connected to or used to provide any of the Services, or violating any regulation, policy, or procedure of any network, equipment, or server.
  • You may not post or transmit content on or through the SERVICES that is harmful, offensive, obscene, abusive, invasive of privacy, defamatory, hateful or otherwise discriminatory, false or misleading, or incites an illegal act.
  • You may not intimidate or harass another through the SERVICES.
  • You may not post or transmit any personally identifiable information about persons under 13 years of age on or through the SERVICES.
  • You may not impersonate another person or entity, or misrepresent your affiliation with a person or entity when using the SERVICES.
  • You may not use or attempt to use another’s account or personal information.
  • You may not attempt to gain unauthorized access to the SERVICES, or the computer systems or networks connected to the SERVICES, through hacking password mining or any other means.

Endorsements

  • OWNER does not endorse any products, services, or organizations that advertise on the SERVICES.
  • OWNER is not responsible for any external products or content that link to or from SERVICES.
  • OWNER is not responsible for any activities conducted by third-parties.

Changes to the AGREEMENT

From time to time, the OWNER may change, remove, or add to the AGREEMENT, and reserves the right to do so in its discretion. Updates to the AGREEMENT will be posted with an updated EFFECTIVE DATE. Your continued use of any SERVICES after new and/or revised AGREEMENT are effective indicates that you have read, understood, and agreed to the AGREEMENT.

Termination

The OWNER may modify, suspend, or terminate the operation of, or access to, all or any portion of the SERVICES at any time for any reason. Additionally, your individual access to, and use of, the SERVICES may be terminated by the OWNER at any time and for any reason.

If you wish to terminate this agreement, you may immediately stop accessing or using the SERVICES at any time.

Your right to access and use the SERVICES terminates automatically upon your breach of any part of this AGREEMENT.

The provisions of this AGREEMENT will survive any termination.

Integration

This AGREEMENT and any applicable additional terms constitute the entire agreement between you and the OWNER relating to this subject matter and supersede any and all prior communications and/or agreements between you and the OWNER relating to access and use of the SERVICES.