Welcome to the User Agreement (the “Agreement” or “User Agreement”) for Elemental Treatment, LLC (the “Company”). This Agreement describes the terms and conditions applicable to your use of our services available under the domain of www.elementaltreatment.com (the “Website”) and our mobile application (the “App”). If you do not agree to be bound by the terms and conditions of this Agreement, do not use or access our services.
Description of Service
The Company provides services (the “Service”) via the Website and App to assist individuals struggling with general, mental health and/or addiction issues(“User” or “you”) in gaining access to therapeutic support via text or video-conference (“Therapy”).
Ability to Accept the User Agreement
The service we offer under and/or through the Website and/or App (or “Service”) is available only to, and may only be used by, individuals who can form legally binding contracts under applicable law or with the support and signature of their guardians. You represent and affirm that you are more than 18 years of age or provide a guardian signature, and that you do, and will, comply with these Terms and Conditions. If you are under the age of 18, you cannot use this service without guardian support unless otherwise indicated by state or federal law. If you do not qualify, please do not use our Website or app.
As between you and the Company, you acknowledge that the Company and its licensors own all right, title and interest, including without limitation all patent, copyright, trade secret, trademark and other proprietary rights, in and to the Company name and logo, Company domain name(s), Website and the Service, all software and other technology used by the Company in providing the Website and the Service and the App, and all data and information provided by the Company through or generated in connection with the Website, App and the Service (collectively, “Company IP”),. You shall not acquire any right, title, or interest in or to the Website, App, the Service or Company IP, except as expressly set forth in these Terms. Except as expressly provided for in this Section, you are not granted any other rights, title or interest in the Website, App, the Service or Company IP. In addition, the trademarks, logos and service marks displayed on the Website and App (collectively, the “Trademarks”) are registered and common law Trademarks of the Company, its affiliates, and various third parties. Nothing contained on the Website or in these Terms should be construed as granting, by implication, estoppel, or otherwise, any license or right to use any of the Trademarks without the express written permission of the Company, or such other party that may own the applicable Trademarks.
Restricted Usage Activities
By using the Website and App you agree that you will not:
- Give the Company speculative, false or fraudulent informationl
- Impersonate any person or entity, or falsely state or otherwise misrepresent your affiliationwith a person or entity;
- Use or launch any automated system, software or device, including without limitation,”robots,” “spiders,” and “offline readers,” that accesses any other part of the Website or App
without Company’s express written permission;
- Take any action that imposes, or may impose in Company’s sole discretion an unreasonableor disproportionately large load on Company’s infrastructure;
- Interfere or attempt to interfere with the proper working of the Website or any activitiesconducted on the Website;
- Upload, post, display, transmit or otherwise make available any unlawful, threatening,libelous, defamatory, obscene, indecent, inflammatory, pornographic or profane material or any material that could constitute or encourage conduct that would be considered a criminal offense, give rise to civil liability, or otherwise violate any law;
- Post or transmit any information or content that (a) infringes the rights of others or violates their privacy or publicity rights, (b) is protected by copyright, trademark or other proprietary right, unless with the express written permission of the owner of such right, (c) contains a virus, bug or other harmful item, or (d) is used to unlawfully collude against another person in restraint of trade or competition; or
- Disguise the origin of any content transmitted through the Website or App.
Failure to comply with these terms may result in the cancellation of your account and/or lead to
forfeiture of your deposit.
Fees & Services
Should you proceed to reserve or attempt to reserve a Venue, you shall do so directly with the Venue, and all payments and monetary or contractual transactions you make regarding that reservation shall be between you and the Venue. The Company, or its employees, members, or managers, shall not be responsible for any action, inaction, breach, or omission by either party, whether you or the Venue, in the preparation, execution, effects, or aftermath, of such transactions or the negotiations surrounding them.
It is the responsibility of the Venue to communicate its refund policy to Users and to issue refunds to Users according to the applicable policies. If a User desires to request a refund, User must request the refund from the Venue. All communications or disputes regarding refunds are between the Venue and User, and The Company will not be responsible or liable in any way for refunds, errors in issuing refunds, or lack of refunds in connection with the Services. All communications and disputes
regarding chargebacks and refunds are between the Venue and User, and The Company will not be responsible or liable in any way for chargebacks in connection with a User’s use of the Services. If you are a User and you wish to request a refund in connection with an event listed on the Services, you should contact the applicable Venue directly.
If you are unable to keep an order or reservation that you make through the Website, you must cancel your order or reservation in accordance with the applicable Venue’s cancellation policy.
Links to Other Sites
The Website may contain links to websites operated by parties other than the Company and which are provided solely as a convenience to you and not as an endorsement by the Company. The Company is not responsible for the content of any other web sites. If you decide to access other web sites, you do so at your own risk.
Without limiting other remedies, the Company may limit your activity, issue a warning, temporarily suspend, indefinitely suspend, or refuse to provide Company’s Services to you if: (a) you breach this Agreement or the documents it incorporates by reference; (b) the Company is unable to verify or authenticate any information you provide to us; or (c) the Company believes that your actions may cause financial loss or legal liability for you, our users, any Venues, the Company, or any of the Company members, managers, agents, or licensees.
Intellectual Property Rights
The content on the Website, including all User Submissions, including without limitation, the text, software, scripts, graphics, photos, sounds, music, videos and interactive features (“Content”) and the trademarks, service marks and logos contained therein (“Marks”), are owned by or licensed to the Company. Content on the Website is provided to you “AS IS” for your information and personal use only and may not be used, copied, distributed, transmitted, broadcast, displayed, sold, licensed, reverse engineered, de-compiled, or otherwise exploited for any other purposes whatsoever without the Company’s prior written consent. The Company reserves all rights not expressly granted in and to the Website. If you download or print a copy of the Content for personal use, you must retain all copyright and other proprietary notices contained therein. You agree not to circumvent, disable or otherwise interfere with security-related features of the Website or features that prevent or restrict use or copying of any Content or enforce limitations on use of the Website.
Exclusion of Warranty
THE COMPANY AND ANY THIRD PARTY PROVIDERS AND DISTRIBUTORS MAKE NO WARRANTY OF ANY KIND REGARDING THE WEBSITE, INCLUDING, WITHOUT LIMITATION, THE SERVICE, CONTENT, INFORMATION, PROGRAMS, PRODUCTS AND MATERIALS PROVIDED ON THE WEBSITE, ALL OF WHICH ARE PROVIDED ON AN “AS IS” AND “AS AVAILABLE” BASIS. THE COMPANY AND ANY THIRD PARTY PROVIDERS AND DISTRIBUTORS DISCLAIM ALL WARRANTIES, EXPRESS OR IMPLIED, WITH RESPECT TO THE SERVICE, THE SITE, THE CONTENT AND RELATED MATERIALS PROVIDED HEREUNDER, INCLUDING, WITHOUT LIMITATION, ANY WARRANTY OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE AND NON-INFRINGEMENT, AND ANY WARRANTIES ARISING BY STATUTE OR OTHERWISE IN LAW OR FROM A COURSE OF DEALING OR USAGE OF TRADE. NEITHER THE COMPANY NOR ANY THIRD PARTY PROVIDERS OR DISTRIBUTORS WARRANT THAT THE WEBSITE, ITS SERVERS OR ANY EMAIL SENT FROM THE COMPANY ARE FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS. SOME STATES DO NOT ALLOW THE DISCLAIMER OF IMPLIED WARRANTIES, SO THE FOREGOING DISCLAIMER MAY NOT APPLY TO YOU. THIS WARRANTY GIVES YOU SPECIFIC RIGHTS, WHICH VARY FROM STATE TO STATE.
Limitation of Liability
THE COMPANY ASSUMES NO RESPONSIBILITY, AND SHALL NOT BE LIABLE FOR, ANY DAMAGES TO, OR VIRUSES THAT MAY INFECT YOUR COMPUTER EQUIPMENT OR OTHER PROPERTY ON ACCOUNT OF YOUR ACCESS TO, USE OF, OR BROWSING IN THE WEBSITE OR YOUR DOWNLOADING OF ANY MATERIALS, DATA, TEXT, IMAGES, VIDEO OR AUDIO FROM THE WEBSITE. IN NO EVENT SHALL THE COMPANY OR ANY THIRD PARTY PROVIDERS OR DISTRIBUTORS BE LIABLE FOR ANY INJURY, LOSS, CLAIM, DAMAGE, OR ANY SPECIAL, EXEMPLARY, PUNITIVE, INDIRECT, INCIDENTAL OR CONSEQUENTIAL DAMAGES OF ANY KIND (INCLUDING, BUT NOT LIMITED TO LOST PROFITS OR LOST SAVINGS), WHETHER BASED IN CONTRACT, TORT, STRICT LIABILITY, OR OTHERWISE, WHICH ARISES OUT OF OR IS IN ANY WAY CONNECTED WITH (I) ANY USE OF THE WEBSITE OR CONTENT FOUND HEREIN, (II) ANY FAILURE OR DELAY (INCLUDING, BUT NOT LIMITED TO THE USE OF OR INABILITY TO USE ANY COMPONENT OF THIS SITE FOR RESERVATIONS OR ORDERS), OR (III) THE PERFORMANCE OR NON PERFORMANCE BY THE COMPANY OR ANY THIRD PARTY PROVIDERS OR DISTRIBUTORS, INCLUDING, BUT NOT LIMITED TO, NON PERFORMANCE RESULTING FROM BANKRUPTCY, REORGANIZATION, INSOLVENCY, DISSOLUTION OR LIQUIDATION EVEN IF SUCH PARTY HAS BEEN ADVISED OF THE POSSIBILITY OF DAMAGES TO SUCH PARTIES OR ANY OTHER PARTY. IN ADDITION, ALL USERS SPECIFICALLY UNDERSTAND AND AGREE THAT ANY THIRD PARTY DIRECTING USERS TO THE WEBSITE BY REFERRAL, LINK OR ANY OTHER MEANS IS NOT LIABLE TO USER FOR ANY REASON WHATSOEVER, INCLUDING BUT NOT LIMITED TO DAMAGES OR LOSS ASSOCIATED WITH THE USE OF THE SERVICE, THE WEBSITE OR WEBSITE CONTENT. THE COMPANY IS NEITHER AN AGENT NOR IS AFFILIATED WITH ANY SUPPLIER WITH WHICH A USER MAKES A RESERVATION OR PLACES AN ORDER. THE COMPANY IS NOT LIABLE FOR ANY INJURY, LOSS, CLAIM, DAMAGE, OR ANY SPECIAL, EXEMPLARY, PUNITIVE, INDIRECT, INCIDENTAL OR CONSEQUENTIAL DAMAGES OF ANY KIND (INCLUDING, BUT NOT LIMITED TO LOST PROFITS OR LOST SAVINGS), WHETHER BASED IN CONTRACT, TORT, STRICT LIABILITY, OR OTHERWISE, WHICH ARISES OUT OF OR IS IN ANY WAY CONNECTED WITH A USER’S USE OF A SUPPLIER. In its sole discretion, in addition to any other rights or remedies available to the Company and without any liability whatsoever, the Company at any time and without notice may terminate or restrict your access to any component of the Website.
You agree to indemnify and hold us, the Company, and (as applicable) our parent, subsidiaries, affiliates, officers, directors, agents, and employees, harmless from any claim or demand, including reasonable attorneys fees, made by any third party due to or arising out of your breach of this Agreement or the documents it incorporates by reference, or your violation of any law or the rights of a third party.
These Terms and Conditions shall be governed by the laws of the state of California, United States of America, without regard to its conflict of laws provisions. You consent and submit to the exclusive jurisdiction of the state and federal courts located in Los Angeles, California, in the United States of America, in all questions and controversies arising out of your use of the Website and these Terms and Conditions. If the Company takes any action to enforce these Terms and Conditions, the Company will be entitled to recover from you, and you agree to pay, all reasonable and necessary attorney’s fees and any cost of litigation, in addition to any other relief, to which such parties may be entitled. You acknowledge that a violation or attempted violation of these Terms and Conditions will cause irreparable damage to the Company for which there will be no adequate remedy at law. Accordingly, you agree that the Company shall be entitled to an injunction restraining such violation or attempted violation of these Terms and Conditions by you, your affiliates, partners, or agents, as well as recover from you any and all costs and expenses sustained or incurred by the Company in obtaining such an injunction, including without limitation reasonable attorneys fees. You agree that no bond or other security shall be required in connection with such injunction.
Your acceptance of these Terms and Conditions and your use of the Website do not create a joint venture, partnership, employment, or agency relationship with the Company. Nor do they create one between the Company and any Venue. You may not assign, delegate, or transfer your rights or obligations under these Terms and Conditions; however the Company may assign, delegate or transfer its rights hereunder without your consent, including, but not limited to, an assignment in connection with a sale or other change of control of the Company. If the Company fails to act with respect to your breach or anyone else’s breach on any occasion, the Company is not waiving its right to act with respect to future or similar breaches. In the event that any provision is determined to be unenforceable or invalid, such provision shall nonetheless be enforced to the fullest extent permitted by applicable law, and such determination shall not affect the validity and enforceability of any other remaining provisions. The headings in these Terms and Conditions are for your convenience and reference; they do not limit or affect the interpretation of these Terms and
Conditions. These Terms and Conditions, together with those items made a part of these Terms and Conditions and incorporated by reference, make up the entire agreement between you and the Company relating to your use of the Website, and replaces any prior understandings or agreements (whether oral or written) regarding your use of the Website.
If you have any questions on these Terms and Conditions you can contact Company by mail, e-mail or phone.
- By E-mail: firstname.lastname@example.org
- By Phone: 855-338-9521