TERMS OF USE
PLEASE READ THESE TERMS OF USE CAREFULLY BEFORE ACCESSING OR
USING THIS WEBSITE.
Spaces Marriage and Family Therapy Inc., a California professional corporation
(“Spaces Marriage and Family Therapy “us” or “we”) owns and operates this website
and any other web services or products offered by Spaces Marriage and Family
Therapy now or in the future, including, but not limited to, its related social media
platforms. By accessing, using, downloading, viewing this website, or any of its
products or services (defined below), (collectively, the “Site”), you hereby consent and
agree to these terms and conditions (“Terms of Use”). The Terms of Use and Privacy
Policy (please see here) (collectively, the “Terms”) govern your use of the Site, and
other free materials and resources provided by the Site, and any other services or
products we make available on this Site (collectively, the “Services”). These Terms
constitute a legally binding agreement made by and between Spaces Marriage and
Family Therapy and the user of this Site (personally and, if applicable, on behalf of the
entity for whom you are using the Site; collectively, “you”).
BY ACCESSING OR USING ANY PART OF THE SITE, PRODUCTS, OR SERVICES,
YOU AGREE THAT YOU HAVE READ, UNDERSTOOD AND AGREED TO BE
BOUND BY THESE TERMS, WHICH CONTAIN A TERMS OF SALE AGREEMENT,
AN ARBITRATION AGREEMENT, A WAIVER OF CLASS-ACTION RIGHTS, AND
LIABLIITY LIMITATIONS.
If you do not agree to these Terms and to follow all applicable laws, then please cease
access or use of the Site and Services immediately.
If you have any questions about these Terms, please contact us by email at
janie@spacestherapyla.com
If you access any Spaces Marriage and Family Therapy Site on a social media network
(such as, without limitation, Facebook, Twitter, Instagram, or Pinterest), you also
consent to and agree to abide by the terms and conditions of that social media network.
HEALTHCARE ACKNOWLEDGEMENT & DISCLAIMER
No aspect of the content on this Site is meant to be a substitute for professional advice
from your professional care provider and Spaces Marriage and Family Therapy makes
no warranties, express or implied, as to the completeness, accuracy, or appropriateness
for any purpose of any information or instruction provided through the Site. You are
encouraged to consult with your healthcare provider or other professional care provider
with any questions or concerns you may have regarding any health condition or any
other condition that you may have before taking any action or engaging in any activity or
program.
You acknowledge and agree that when taking any action or participating in any activity,
routine or program that may be described on the Site that there is the possibility of
physical injury, emotional distress and/or death, and you assume the risk and
responsibility for any such results.
You should never disregard medical or other professional advice or delay seeking it.
The content on the Site should not be used in lieu of professional advice given by
qualified medical professionals such as your doctor or other professional care provider.
It is important that the Site is used only in connection with qualified medical guidance
and guidance provided by other applicable professional care providers.
You hereby release Spaces Marriage and Family Therapy and waive any and all claims
against Spaces Marriage and Family Therapy for any damages you may incur arising
out of or related to your use of Spaces Marriage and Family Therapy Site, or Products.
You further agree to indemnify and hold harmless Spaces Marriage and Family Therapy
from any damages, liabilities, losses, or other claims incurred by Spaces Marriage and
Family Therapy and arising out of or related to your use of Spaces Marriage and Family
Therapy’s Site, or Products.
CONTENT ON THE SITE
Intellectual Property Rights. You agree that the Site itself, as well as all content,
photographs, sound or videos, media, images, formulas, graphics, webinars, training
materials, products, podcasts, services and/or other information and materials, and
selection and arrangements thereof is copyrighted work under the United States and
other copyright laws, and is the property of or licensed by Spaces Marriage and Family
Therapy, made available on the Site or any information, materials, and content
transferred via a downloadable file or link by us or other third parties (collectively the
“Content”). All trademarks, service marks, and trade names (collectively, the “Marks”)
are trademarks or registered trademarks of and are proprietary to Spaces Marriage and
Family Therapy or other respective owners that have granted Spaces Marriage and
Family Therapy the right to use such Marks. Subject to your compliance with these
Terms, we hereby grant you a limited, non-exclusive, non-transferable, and non-
sublicensable, and revocable right to access, view, and use the Site solely for your
personal purposes and non-commercial use, and as we otherwise intend. Spaces
Marriage and Family Therapy reserves the right to monitor the Services and Content for
the purpose of determining that your usage complies with these Terms.
You may not modify, publish, transmit, participate in the transfer or sale of, reproduce,
create derivative works of, distribute, publicly perform, publicly display, or in any way
exploit any of the materials or Content on our Site in whole or in part, other that as
necessary for your own personal non-commercial use, without our written consent.
Modification of the Content or use of the Content for any other purpose is a violation of
the copyright and other proprietary rights of Spaces Marriage and Family Therapy, as
well as other authors who created the materials, and may be subject to monetary
damages and penalties.
Third-Party Content. Our Site contains Content that we create as may also include
Content provided by third parties. We do not monitor, we do not endorse, and we are
not liable for any third-party content. There may be some inadvertent accuracies or
errors in the content and we do not guarantee the accuracy, integrity, completeness or
quality of the content on our Site or located at third party URLs that may be posted on
our Site. Spaces Marriage and Family Therapy is not responsible or the content on any
linked site or any link contained in a linked site. We do not endorse or accept
responsibility for the content of such third-party sites.
Third-Party Services. Third parties may offer their services directly to you through the
Site. In such case, you may be required to agree to the third party’s terms of service
and/or privacy policy to use the service. Spaces Marriage and Family Therapy will not
be liable in any way for the acts or omissions of such third party, the terms of service or
privacy policy or its failure to adhere to its terms of services or privacy policy, or any
loss, damages, liability or expenses (including attorneys’ fees) that you may incur
arising from or related to such third party’s services or products.
YOUR CONDUCT ON THE SITE
Eligibility. To use the Site, you must be, and represent and warrant that you are, of
legal age (18 years of age or older) and competence. By using the Site on behalf of any
third party, you are representing to us that you are an authorized representative of that
third party and that your use of the Site constitutes that third party’s acceptance of these
Terms. In addition, if you have been previously prohibited from accessing the Site or the
website of any of our affiliates, you are not permitted to access the Site.
Account Information. If you create an account, any information that you choose to
provide us must be true, accurate, current, and complete. You are entirely responsible
for maintaining the confidentiality of your password and account. You are entirely
responsible for any and all activities that occur under your account. Your account is
non-transferrable. You cannot sell, combine, or otherwise share it with any other
person. Any violation of these Terms, including, without limitation, failure to maintain
updated and correct information about your account or cause your account to fall out of
good standing and we may cancel your account in our sole discretion. When you
register with Spaces Marriage and Family Therapy and/or this Site, you expressly
consent to receive any notices, announcements, agreements, disclosures, reports,
documents, communications concerning new products or services, or other records or
correspondence from Spaces Marriage and Family Therapy.
Feedback. If you send comments or suggestions about the Site to Spaces Marriage
and Family Therapy, including, but not limited to, notes, text, drawings, images, designs
or computer programs, such submissions shall become, and shall remain, the sole
property of Spaces Marriage and Family Therapy. No submission shall be subject to
any obligation of confidence on the part of Spaces Marriage and Family Therapy.
Spaces Marriage and Family Therapy shall exclusively own all rights to (including
intellectual property rights thereto), and shall be entitled to unrestricted use, publication,
and dissemination as to all such submissions for any purpose, commercial or otherwise
without any acknowledgment or compensation to you.
Prohibited Conduct. You agree not to copy or imitate the appearance, design or style
of our Site or any Content. The technology and software underlying our Site and the
Services are the property of Spaces Marriage and Family Therapy, our affiliates and/or
our business partners. You agree that you will not use our Site or its Content to take any
of the following actions:
Defame, abuse, harass, stalk, threaten, or otherwise violate the legal rights of
Spaces Marriage and Family Therapy or any other person or entity;
Use the Service or Site or Products commercially;
Reverse engineer, decompile, tamper with or disassemble the technology used
to provide the Services or Site or Products (except as and only to the extent any
foregoing restriction is prohibited by a non-waivable provision of applicable law);
Interfere with or damage the Services, Site, Products, or underlying any
technology;
Impersonate or misrepresent your identity or affiliation;
Attempt to obtain unauthorized access to the Services or Site;
Violate, misappropriate or infringe a third party’s intellectual property or other
right, or any social media platform terms;
Violate any law, rule, or regulation;
Transmit executable programming or corrupted files of any kind, including
viruses, spyware, trojan horses, Easter eggs or any other similar software or
programs that may damage or adversely affect the operation of another person's
computer, our Site, software or hardware, third party websites or
telecommunications equipment;
Falsify or delete any author attributions, legal or other proper notices or
proprietary designations or labels of the origin or the source of software posted or
contributed content or other material; or
Engage in any illegal activities.
Use of our Site is subject to existing laws and legal process. Nothing contained in these
Terms will limit our right to comply with governmental, court, and law-enforcement
requests or requirements relating to your use of our Site.
PRIVACY POLICY
All of the information that we collect from you, such as your e-mail address and related
personal information and credit card information, is subject to our privacy policy. Spaces
Marriage and Family Therapy’s privacy policy (which describes how we collect, use and
disclose your data and your consent to such collection, use, and disclosure) is
incorporated into and is a part of these Terms. Please see our full privacy policy here.
DMCA COPYRIGHT INFRINGEMENT AND TAKE-DOWN POLICY
Infringement Notification. Spaces Marriage and Family Therapy respects the rights of
others and we expect users of our Site and Services to do the same. These Terms
prohibit the infringement of the copyrights of others, and it is also our policy that we may
remove, suspend, terminate access, or take other appropriate action against repeat
offenders. We may also remove content that in our sole discretion appears to infringe
the intellectual property rights of others.
How to File an Infringement Notification. If you have evidence, know, or have a good
faith belief that content residing on or accessible through our Site infringes a copyright
which you own or for which you are a designated agent, please send a notice of
infringement by email to:
Janie Glassmith
Email Address: janie@spacestherapyla.com
Send such notice with the information that sets forth the items specified below:
Identify the copyrighted work claimed to have been infringed. If multiple
copyrighted works are covered by a single notification, provide a representative
list of such works.
Identify the material that is claimed to be infringing or to be the subject of
infringing activity. Include information reasonably sufficient to permit Spaces
Marriage and Family Therapy to locate the material. Please provide a URL and
screenshots for each item. Include the specific asset(s) or page(s) that you claim
to be infringing. Say “entire work” ONLY if all assets/pages in a
collection/document are infringing.
Include details of your claim to the material, or your relationship to the material’s
copyright holder.
Provide your full name, address, and telephone number should we need to clarify
your claim.
Provide a working email address where we can contact you to confirm your
claim.
If true, include the following statement: “I have a good faith belief that use of the
copyrighted materials described above as the allegedly infringing web pages is
not authorized by the copyright owner, its agent, or the law.”
If true, include the following statement: “I swear, under penalty of perjury, that the
information in the notification is accurate and that I am the copyright owner or am
authorized to act on behalf of the copyright owner to make this complaint.”
Sign the document, physically or electronically.
ANY NOTICE THAT DOES NOT COMPLY WITH THE REQUIREMENTS OF TITLE 17,
UNITED STATES CODE, SECTION 512(c)(3) WILL NOT RECEIVE A RESPONSE.
NOTHING IN THIS POLICY IS INTENDED TO EXPAND OR SUPPLEMENT THE
LEGAL RIGHTS, PROCEDURES AND REMEDIES AUTHORIZED AND GRANTED
UNDER THE DMCA. Please note that you may be liable for damages, including but not
limited to costs and attorneys’ fees, under the DMCA if you knowingly materially
misrepresent: (a) that material on the Site infringes upon your copyright; or (b) that
material on the Site was removed or disabled by mistake or misidentification. If a user is
found to be an infringer of the copyright rights of others, Spaces Marriage and Family
Therapy may terminate access to the user’s account.
TERMS OF SALE FOR PRODUCTS AND/OR SERVICES
Products and/or Services. Through the Site, certain products, subscriptions,
memberships or other services may be offered for purchase, all of which are referred to
as the “Products and/or Services”. The fees for such Products and/or Services are as
listed on the Site. All fees are due at the time of booking the Products and/or Services
unless otherwise indicated on the Site, and Spaces Marriage and Family Therapy will
have no obligation to provide Products and/or Services until such fees are paid. All
Products and/or Services are subject to these Terms of Use.
Products and/or Services Descriptions. We try to make the Site thorough, accurate,
and helpful to our customers. Nonetheless, there may be times when certain information
contained on the Site may be incorrect, incomplete, inaccurate, or appear inaccurate
because of the browser, hardware, or other technology that you use. We apologize in
advance for any such errors that may result in an incorrect price, inaccurate description,
item unavailability or otherwise affect your order. We reserve the right to correct errors
(whether by changing information on the Site or by informing you of the error and giving
you an opportunity to cancel your order) or to update Product information at any time
without notice.
Availability and Pricing. Spaces Marriage and Family Therapy reserves the right to
change the prices and available Products and/or Services at any time. Quantities of
some Products and/or Services may be limited and availability cannot always be
guaranteed. Products and/or Services offered for sale on this Site are for sale only in
the United States and all prices are quoted in U.S. dollars. We may occasionally make
errors in the stated prices on this Site. If a Service’s correct price is higher than the
listed price, we will, in our discretion, either confirm the correct price with you or cancel
your order and notify you of such cancellation.
Purchasing Products and Services. The display of Products and/or Services on the
Site invites you to make an offer to purchase the Products and/or Services. Your order
is an offer to buy the Products and/or Services, which we accept only by providing the
Products and/or Services or confirming your request for Products and/or Services. Any
confirmation that you receive after placing an order does not constitute an acceptance
of your offer and is subject to correction for any reason.
Orders. We have the right to refuse or limit any orders and limit quantities. We will not
be liable if a Service is unavailable or if the date of Services need to be rescheduled. All
orders are non-cancelable; we may grant or deny cancellation requests in our sole and
absolute discretion. We reserve the right to provide substantially similar Products or
Services to fulfill your order.
Returns. We do not allow returns or substitutions of Products and/or Services. All sales
are final.
Payment. You authorize us (and any payment processor) to charge your payment card
for all purchases you make. We accept the forms of payment stated on the Site and, for
credit card payments, charge your credit card when your order is processed. The bank
issuing your credit card may control when to release funds in the case of an order
cancellation or refund. We reserve the right to use the payment information you provide
us in connection with this payment to provide better service to you should you wish to
use our service again in the future and to protect us from fraud and other losses.
Completion of a payment transaction is contingent upon: (a) you providing complete
personal, account, transaction and any other information needed, (b) authorization of
the payment by your credit or debit card company, and (c) acceptance of your payment.
You may cancel your payment prior to your final submission of it to us. We may, in our
sole discretion, cancel your payment at any time by providing notice to you through your
contact information or by a notice when you attempt to make a payment. We may
cancel a payment or prevent you from initiating future payments for any reason,
including, without limitation, the following: (i) if you attempt to use the Products and/or
Services in breach of any applicable law or regulation, including the card network rules
or regulations; (ii) if you use the Products and/or Services in breach of these Terms; (iii)
if we suspect fraudulent, unlawful or improper activity regarding a payment; (iv) if we
detect, in our sole discretion, that your payments have excessive disputes, high reversal
rates or present a relatively high risk of losses; or (v) failure to cooperate in an
investigation or provide additional information when requested.
Taxes. Stated prices do not include any customs duties, sales, use, value-added,
excise, federal, state, local or other taxes. You are solely responsible for the payment of
such taxes related to your purchase. We have the right to charge you for any taxes that
we believe we are required to pay or collect related to your purchase.
Personal Use Only. Products and/or Services are for your personal use only. You
agree not sell or resell any Products and/or Services you purchase.
No Harassment. You agree to treat Spaces Marriage and Family Therapy and its
principals, employees, and contractors in a professional capacity at all times, and
Spaces Marriage and Family Therapy reserves the right to suspend and terminate
Services to you at any time without refund in the event Spaces Marriage and Family
Therapy feels unsafe or uncomfortable in any way.
Questions? If you have questions, please contact us at:
Spaces Marriage and Family Therapy
janie@spacestherapyla.com
DISPUTES
Subject to applicable law, you and Spaces Marriage and Family Therapy agree that any
dispute that has arisen or may arise between us relating in any way to your use of or
access to the Services or Site, any breach, enforcement, or termination of these Terms,
or otherwise relating to Spaces Marriage and Family Therapy in any way will be
resolved in accordance with the provisions set forth in this Section.
Informal Resolution. If you have any dispute with us, you agree that before taking any
formal action, you will contact us at janie@spacestherapyla.com, provide a brief, written
description of the dispute and your contact information (including your username, if your
dispute relates to an account) and allow sixty (60) days to pass, during which we will
attempt to reach an amicable resolution of any issue.
Arbitration. These Terms and each of its parts evidence a transaction involving
interstate commerce, and the Federal Arbitration Act applies in all cases and governs
the interpretation and enforcement of the arbitration rules and arbitration proceedings.
Any Covered Matters must be asserted individually in binding arbitration administered
by the American Arbitration Association (“AAA”) in accordance with its Commercial
Arbitration Terms and the AAA Supplementary Procedures for Consumer-Related
Disputes (including, without limitation, utilizing desk, phone or video conference
proceedings where appropriate and permitted to mitigate costs of travel). The arbitrator
shall not conduct any form of class or collective arbitration nor join or consolidate claims
by or for individuals. The arbitrator, and not any federal, state, or local court or agency,
shall have exclusive authority to resolve any dispute relating to the interpretation,
applicability, enforceability or formation of these Terms, including, but not limited to, any
claim that all or any part of these Terms is void or voidable or a particular claim is
subject to arbitration. Judgment on the award rendered by the arbitrator may be entered
in any court of competent jurisdiction.
Award. For matters where the relief sought is over $5,000, the arbitrator’s decision will
include the essential findings and conclusions upon which the arbitrator based the
award. The arbitrator will decide the substance of all claims in accordance with
applicable law, including recognized principles of equity, and will honor all claims of
privilege recognized by law. The arbitrator shall not be bound by rulings in prior
arbitrations involving different users but is bound by rulings in prior arbitrations involving
the same Spaces Marriage and Family Therapy user to the extent required by
applicable law. The arbitrator’s award shall be final and binding and judgment on the
award rendered by the arbitrator may be entered in any court having jurisdiction thereof.
THE ARBITRATOR MAY AWARD RELIEF (INCLUDING MONETARY, INJUNCTIVE,
AND DECLARATORY RELIEF) ONLY IN FAVOR OF THE INDIVIDUAL PARTY
SEEKING RELIEF AND ONLY TO THE EXTENT NECESSARY TO PROVIDE RELIEF
NECESSITATED BY THAT PARTY’S INDIVIDUAL CLAIM(S). ANY RELIEF
AWARDED CANNOT AFFECT OTHER USERS.
Exceptions. There are only two exceptions to this arbitration agreement:
First, if a party reasonably believes that the other party has in any manner infringed or
threatened to infringe the intellectual property rights of the other party, the party who
owns the intellectual property rights may seek injunctive or other appropriate interim
relief in any court of competent jurisdiction.
Second, any claim of $500 or less may, at the option of the claiming party, be resolved
in small claims court within the United States, if the claim and the parties are within the
jurisdiction of the small claims court and so long as the matter remains in such court
and advances only on an individual (non-class, non-representative) basis.
Costs of Arbitration. Payment of all filing, administration, and arbitrator fees will be
governed by the AAA’s rules, unless otherwise stated in this agreement to arbitrate. If
the value of the relief sought is $5,000 or less, at your request, Spaces Marriage and
Family Therapy will reimburse you for all filing, administration, and arbitrator fees
associated with the arbitration following the earlier of the arbitrator’s decision or
settlement. In the event the arbitrator determines the claim(s) you assert in the
arbitration to be frivolous, Spaces Marriage and Family Therapy is relieved of its
obligation to reimburse you for any fees associated with the arbitration.
Future Amendments to the Agreement to Arbitrate. Notwithstanding any provision in
the Terms to the contrary, you and we agree that if we make any amendment to this
agreement to arbitrate in the future, that amendment shall not apply to any claim that
was filed in a legal proceeding against Spaces Marriage and Family Therapy prior to the
effective date of the amendment. The amendment shall apply to all other disputes or
claims governed by the agreement to arbitrate that have arisen or may arise between
you and Spaces Marriage and Family Therapy. If you do not agree to these amended
terms, you may close your account within thirty (30) days of the posting or notification
and you will not be bound by the amended terms.
Judicial Forum for Legal Disputes. Unless you and we agree otherwise, in the event
that the agreement to arbitrate above is found not to apply to you or to a particular claim
or dispute, either as a result of your decision to opt out of the agreement to arbitrate, as
a result of a decision by the arbitrator or a court order or because you have chosen to
file an eligible lawsuit in small claims court, you agree that any claim or dispute that has
arisen or may arise between you and Spaces Marriage and Family Therapy must be
resolved exclusively by a state or federal court located in Los Angeles California You
and Spaces Marriage and Family Therapy agree to submit to the personal jurisdiction of
the courts located within Los Angeles California for the purpose of litigating all such
claims or disputes.
OPT-OUT. IF YOU ARE A NEW SPACES MARRIAGE AND FAMILY THERAPY USER,
YOU CAN CHOOSE TO REJECT THE AGREEMENT TO ARBITRATE PROVISION
("OPT-OUT") BY EMAILING US AN OPT-OUT NOTICE TO
janie@spacestherapyla.com ("OPT-OUT NOTICE"): SPACES MARRIAGE AND
FAMILY THERAPY. THE OPT-OUT NOTICE MUST BE RECEIVED NO LATER THAN
THIRTY (30) DAYS AFTER THE DATE YOU ACCEPT THE TERMS OF SERVICE
FOR THE FIRST TIME. IF YOU ARE NOT A NEW SPACES MARRIAGE AND FAMILY
THERAPY USER, YOU HAVE UNTIL THIRTY (30) DAYS AFTER THE POSTING OF
THE NEW TERMS OF SERVICE TO SUBMIT AN ARBITRATION OPT-OUT NOTICE.
Procedure. In order to opt-out, you must email your name, address (including street
address, city, state, and zip code), and email address(es) associated with your
Account(s) to which the opt-out applies and an unaltered digital image of a valid driver’s
license which matches the name on your account to: janie@spacestherapyla.com. This
procedure is the only way you can opt out of the agreement to arbitrate. If you opt out of
the agreement to arbitrate, all other parts of the agreement and its Disputes Section will
continue to apply to you. Opting out of this agreement to arbitrate has no effect on any
previous, other, or future arbitration agreements that you may have with us.
WAIVER. BY AGREEING TO THESE TERMS, YOU HEREBY IRREVOCABLY WAIVE
ANY RIGHT YOU MAY HAVE TO A COURT TRIAL (OTHER THAN SMALL CLAIMS
COURT AS PROVIDED BELOW) OR TO SERVE AS A REPRESENTATIVE, AS A
PRIVATE ATTORNEY GENERAL, OR IN ANY OTHER REPRESENTATIVE
CAPACITY, OR TO PARTICIPATE AS A MEMBER OF A CLASS OF CLAIMANTS, IN
ANY LAWSUIT, ARBITRATION OR OTHER PROCEEDING FILED AGAINST US
AND/OR RELATED THIRD PARTIES.
INDEMNIFICATION
You hereby agree to indemnify, defend and hold Spaces Marriage and Family Therapy
and all of our officers, directors, mangers, members, employees, agents, information
providers, affiliates, partners, and licensors (“Spaces Marriage and Family Therapy
Party,” or collectively, the “Spaces Marriage and Family Therapy Parties”) harmless
from and against any and all liability, claims, damages, losses, costs, and expenses,
including attorneys' fees, incurred by any Spaces Marriage and Family Therapy Party
arising from, related to, or in connection with (a) a violation of any provision of these
Terms by you; or (b) arising from, related to, or connected with your violation of the
rights of Spaces Marriage and Family Therapy or any other person or entity. We may, in
our sole and absolute discretion, control the disposition of any such claim at your sole
cost and expense. You may not settle any such claim without our express written
consent. This defense and indemnification obligation is intended to extend to the fullest
extent permitted by law and will survive these Terms and your use of the Site.
WARRANTIES & DISCLAIMERS
Service Outages and Force Majeure. Unless you have greater rights in a separate
signed agreement with us, we disclaim to the fullest extent permitted by law any service
outages that are caused by our maintenance on the servers or the technology that
underlies our Site, failures of our service providers (including telecommunications,
hosting, and power providers), computer viruses, natural disasters or other destruction
or damage of our facilities, acts of nature, war, civil disturbance, or any other cause
beyond our reasonable control. Under no circumstances shall Spaces Marriage and
Family Therapy or its licensor or service providers be held liable for any delay or failure
in performance resulting directly or indirectly from an event beyond its reasonable
control. This provision is not intended to disclaim liability that Spaces Marriage and
Family Therapy may not disclaim under law.
USE OF SITE AND CONTENT IS AT YOUR OWN RISK. WE DO NOT WARRANT
THAT OUR SITE WILL BE UNINTERRUPTED OR ERROR FREE. IN ADDITION, WE
DO NOT MAKE ANY WARRANTY AS TO THE CONTENT OR COURSES ON OUR
SITE. OUR SITE, CONTENT AND SESSIONS ARE DISTRIBUTED ON AN "AS IS, AS
AVAILABLE" BASIS TO THE FULLEST EXTENT PERMITTED BY LAW. ANY
MATERIAL THAT YOU DOWNLOAD OR OTHERWISE OBTAIN THROUGH OUR SITE
IS DONE AT YOUR OWN DISCRETION AND RISK, AND YOU WILL BE SOLELY
RESPONSIBLE FOR ANY POTENTIAL DAMAGES TO YOUR COMPUTER SYSTEM
OR LOSS OF DATA THAT RESULTS FROM YOUR DOWNLOAD OF ANY SUCH
MATERIAL. NEITHER WE NOR ANY OF OUR AFFILIATES OR BUSINESS
PARTNERS MAKES ANY WARRANTY THAT (I) OUR SITE, SERVICES, OR
COURSES WILL MEET YOUR REQUIREMENTS OR EXPECTATIONS, (II) OUR SITE
WILL BE UNINTERRUPTED, TIMELY, SECURE, OR ERROR FREE, (III) THE
RESULTS THAT MAY BE OBTAINED FROM THE USE OF OUR SITE WILL BE
ACCURATE OR RELIABLE, AND (IV) ANY ERRORS WILL BE CORRECTED.
NEITHER WE NOR ANY OF OUR AFFILIATES OR BUSINESS PARTNERS MAKE
ANY WARRANTIES OF ANY KIND, EITHER EXPRESS OR IMPLIED, INCLUDING,
WITHOUT LIMITATION, WARRANTIES OF TITLE OR IMPLIED WARRANTIES OF
NON-INFRINGEMENT, MERCHANTABILITY OR FITNESS FOR A PARTICULAR
PURPOSE, WITH RESPECT TO OUR SITE, ANY CONTENT, OR ANY OF OUR
SERVICES, TOOLS, PRODUCTS, COURSES, OR PROPERTIES. YOU EXPRESSLY
AGREE THAT YOU WILL ASSUME THE ENTIRE RISK AS TO THE QUALITY AND
THE PERFORMANCE OF OUR SITE AND THE ACCURACY OR COMPLETENESS
OF ITS CONTENT AND COURSES. SPACES MARRIAGE AND FAMILY THERAPY
ASSUMES NO RESPONSIBILITY FOR AND DISCLAIMS ALL LIABILITY TO THE
FULLEST EXTENT PERMITTED BY APPLICABLE LAW FOR ANY SUCH
INACCURACIES, ERRORS OR OMISSIONS. NEITHER WE NOR OUR AFFILIATES
OR BUSINESS PARTNERS WILL BE LIABLE FOR ANY DIRECT, INDIRECT,
INCIDENTAL, SPECIAL, OR CONSEQUENTIAL DAMAGES ARISING OUT OF THE
USE OF OR INABILITY TO USE OUR SITE, EVEN IF WE HAVE BEEN ADVISED OF
THE POSSIBILITY OF SUCH DAMAGES. THIS PROVISION IS NOT INTENDED TO
DISCLAIM LIABILITY THAT SPACES MARRIAGE AND FAMILY THERAPY MAY NOT
DISCLAIM UNDER APPLICABLE LAW.
NO RESPONSIBILITY FOR THIRD-PARTY PRODUCTS SERVICES AND
MATERIALS. SPACES MARRIAGE AND FAMILY THERAPY DOES NOT WARRANT,
ENDORSE, GUARANTEE OR ASSUME RESPONSIBILITY FOR ANY PRODUCT OR
SERVICE ADVERTISED OR OFFERED BY A THIRD PARTY THROUGH THE SITE
OR ANY WEBSITE FEATURED OR LINKED TO THROUGH THE SITE, AND SPACES
MARRIAGE AND FAMILY THERAPY WILL NOT BE A PARTY TO OR IN ANY WAY
BE RESPONSIBLE FOR MONITORING ANY TRANSACTION BETWEEN YOU AND
THIRD-PARTY PROVIDERS OF PRODUCTS OR SERVICES. SPACES MARRIAGE
AND FAMILY THERAPY WILL NOT BE LIABLE FOR THE OFFENSIVE OR ILLEGAL
CONDUCT OF ANY THIRD PARTY. YOU VOLUNTARILY ASSUME THE RISK OF
HARM OR DAMAGE FROM THE FOREGOING. THE FOREGOING LIMITATIONS
WILL APPLY TO THE FULLEST EXTENT PERMITTED BY LAW, EVEN IF A REMEDY
FAILS OF ITS ESSENTIAL PURPOSE.
NEW JERSEY RESIDENTS. TO NEW JERSEY RESIDENTS, THE PROVISIONS
ABOVE ARE INTENDED TO BE AS BROAD AND INCLUSIVE AS PERMITTED BY
THE LAW OF THE STATE OF NEW JERSEY ONLY.
LIMITATION OF LIABILITY
NO CONSEQUENTIAL DAMAGES. IN NO EVENT, AS PERMITTED BY THE
FULLEST EXTENT OF APPLICABLE LAW, WILL SPACES MARRIAGE AND FAMILY
THERAPY, AND SPACES MARRIAGE AND FAMILY THERAPY PARTIES BE LIABLE
FOR ANY INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL OR PUNITIVE
DAMAGES RESULTING FROM THE PERFORMANCE, USE OF OR THE INABILITY
TO USE THE SITE, SERVICES, COURSES, PODCASTS, CONTENT OR
PRODUCTS, EVEN IF SPACES MARRIAGE AND FAMILY THERAPY HAS BEEN
ADVISED OF THE POSSIBILITY OF SUCH DAMAGES, WHETHER IN AN ACTION IN
CONTRACT, TORT (INCLUDING NEGLIGENCE), STRICT LIABILITY, VIOLATION OF
STATUTE OR OTHERWISE. THIS PROVISION IS NOT INTENDED TO EXCLUDE
LIABILITY THAT SPACES MARRIAGE AND FAMILY THERAPY MAY NOT EXCLUDE
UNDER APPLICABLE LAW.
OUR LIABILITY IS LIMITED. IN ANY EVENT, OUR AGGREGATE LIABILITY WILL
NOT EXCEED THE AMOUNT PAID FOR THE SERVICES OR PRODUCTS TO
WHICH THE CLAIM RELATES OR, IF THE CLAIM DOES NOT RELATE TO A
PRODUCT, $100. THIS PROVISION IS NOT INTENDED TO EXCLUDE LIABILITY
THAT SPACES MARRIAGE AND FAMILY THERAPY MAY NOT EXCLUDE UNDER
APPLICABLE LAW.
NEW JERSEY RESIDENTS. TO NEW JERSEY RESIDENTS, THE PROVISIONS OF
THIS PARAGRAPH 9 ARE INTENDED TO BE AS BROAD AND INCLUSIVE AS
PERMITTED BY THE LAW OF THE STATE OF NEW JERSEY ONLY.
TERMINATION & SURVIVAL
Term. These Terms are effective unless and until terminated by us. We may, in our sole
and absolute discretion and without any liability, modify, suspend or discontinue any
aspect of the Site, temporarily or permanently, at any time and without prior notice.
Suspension and Termination. We may deny you access to all or part of the Site at
any time for any reason (including if you violate these Terms, as determined in our sole
and absolute discretion) or no reason at all.
Survival. If we terminate your right to access the Site, these Terms will terminate and
all rights you have to access the Site will immediately terminate. The following
provisions will survive termination: Intellectual Property, Indemnification, Payment
Obligations, Warranties and Disclaimers, Limitations of Liability, Dispute and any and all
others that by their sense and context are intended to survive the termination or
expiration of the Agreement shall survive.
GENERAL TERMS
No Waiver; Severability. Our failure to exercise or enforce any right or provision of
these Terms will not constitute a waiver of such right or provision, and our failure to
exercise or enforce any right or remedy in these Terms does not waive that right or
remedy. The provisions of these terms are intended to extend to the fullest extent
permitted by law. No waiver of any term of these Terms will be binding unless in writing.
Statute of Limitations. You agree that regardless of any statute or law to the contrary,
any claim or cause of action arising out of or related to use of our Site or these Terms
must be filed within one (1) year after such claim or cause of action arose or be forever
barred.
Applicable Law. These Terms will be construed in accordance with the laws of the
United States of America and (to the extent not inconsistent with or preempted by
federal law) the State of California and the parties irrevocably consent to bring any
action to enforce these Terms before an arbitration panel or before a court of competent
jurisdiction in Los Angeles California if seeking interim or preliminary relief or
enforcement of an arbitration award.
If any part of these Terms is determined to be invalid or unenforceable pursuant to
applicable law, then the invalid or unenforceable provision will be deemed superseded
by a valid, enforceable provision that most closely matches the intent of the original
provision, and the remainder of the Terms shall continue in effect.
Headings. The provision titles in these Terms are for convenience only and have no
legal or contractual effect. These Terms will not be construed against the drafter.
Notice. You hereby consent to receiving and transacting with us by electronic means.
We may deliver notice to you by e-mail, posting a notice on the Site or any other
method we choose and such notice will be effective on dispatch. If you give notice to us,
it will be effective when received and you must use the following email address:
janie@spacestherapyla.com
Entire Agreement. These Terms (and all terms and conditions incorporated herein)
constitute the entire agreement between you and Spaces Marriage and Family Therapy
and govern your use of the Site and Services and supersede any prior agreements
between you and Spaces Marriage and Family Therapy on the subject matter. You may
also be subject to additional terms when you use certain Spaces Marriage and Family
Therapy third party software, content, links, or websites. These Terms, and any rights or
licenses granted hereunder, may not be assigned or delegated by you. These Terms,
and any rights or licenses granted hereunder, may be assigned or delegated by Spaces
Marriage and Family Therapy without restriction. These Terms bind and inure to the
benefit of each party and the party’s successors and permitted assigns. These Terms
may not be modified by an oral statement by a representative of Spaces Marriage and
Family Therapy. No agency, partnership, joint venture or employee-employer
relationship is intended or created by these Terms. You agree to comply with all
applicable laws in your use of the Site and Services. You agree that any agreements
made by and between you and us in electronic form are as legally binding as if made in
physical written form.
Notice to California Users. Under California Civil Code Section 1789.3, California
website users are entitled to the following specific consumer rights notice: The
Complaint Assistance Unit of the Division of Consumer Services of the California
Department of Consumer Affairs may be contacted in writing at 1625 N. Market Blvd.,
Suite S-202, Sacramento, California 95834, or by telephone at (800) 952-5210.
Notice to Users Outside the United States of America. The Site is controlled and
offered by Spaces Marriage and Family Therapy from the United States of America.
Spaces Marriage and Family Therapy makes no representations that the Site is
appropriate for use in other locations. Those who access or use the Site from other
locations do so at their own risk and are responsible for compliance with local law. You
consent to the processing in the United States of America