Website Terms of Use
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Last Updated 12/11/2022
Thank you for visiting our website (“Website”). We hope you find what you are looking for and enjoy our content, which has been thoughtfully crafted for users like you.
Consent: By accessing our Website, you are agreeing that you have been given reasonable access to review these Terms prior to your continued use the Website. This Agreement is binding as of the date you access our Website.
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General Purpose. These Terms of Use (“Terms,” or “Agreement”) that you, the Website user, are entering into with THERAPY EN POINTE, LLC ("Company," "we," "us," “our”) govern how you may access and use our Website. The Company and you will collectively be referred to as “Parties,” and each individually as a “Party.”
By accessing our Website, you are agreeing to these Terms and our Privacy Policy, which is hereby incorporated by reference. If you do not wish to agree to these Terms and our Privacy Policy, or are not legally able to form a binding contract, you may not continue your use of our Website.
Children. Our Website is offered to users who are at least 18 years old. By continuing to use our Website you are representing that you meet the minimum age requirements to form a binding contract in your jurisdiction.
Revision of Terms. We reserve the right to update and revise these Terms at any time without notice to you. The date that these Terms were last updated is noted on the top of this Agreement. Your continued use of the Website after we have updated these Terms indicates your acceptance and agreement to the changes.
Intellectual Property. We enjoy sharing and creating valuable content on our Website for all of our users to engage with and enjoy. However, making this content publicly available, does not mean that we no longer hold all Intellectual Property Rights to the work. The Company has the sole exclusive right to reproduce, share and create derivative works from this intellectual property.
Commercial Use. You understand and agree that you are only allowed to access the Website and our content for your personal, non-commercial use.
We understand and agree that your computer may incidentally and automatically store copies of our content and website for ease of accessing those materials. However, you are not allowed to reproduce, modify, or share the material contained on or downloaded from our Website.
You may not use the Company’s trademarks including, but not limited to, brand names, logo marks, service marks, designs, and slogans, without written permission from the Company.
Sharing and Citing Content. Thank you for your interest in linking to our Website and/or social media accounts. Before you place a link on your website or another platform, please adhere to these guidelines to ensure our reputation is left intact.
If you are using our Website as a credited source for an article, blog or press, you must include a link to our Website in the cited material. However, no information or content from our Website should be copied in its entirety without express written permission of the Company.
Restricted Uses. To aid in keeping our Website safe and secure for all of its users, you agree not use the Website:
In violation of any State, Federal or International Laws.
For any discriminatory purpose.
For any purpose in violation of our User Content provision in the Terms, incorporated by reference herein.
For any spoofing, spamming, or impersonating the Company purposes.
To transmit or distribute spam email or messaging.
Further, you may not:
Implement or use any spider, crawler, scraping, bots, or other automated processes to access the Website for any purpose.
Interfere with the Website’s operation in any way including, but not limited to, the use of viruses, malicious codes, attacks or programs.
Bypass or hack authentication processes or gain any unauthorized access to the Website.
User Submissions. From time to time, our Website may contain features which enable you to submit or post content and material to the Website and/or submit directly to the Company. We prioritize the safety and environment of our Website and require that all your submissions comply with this Agreement.
All user submissions are non-confidential. You relinquish to the Company all proprietary rights in the same upon submission. You understand and agree that anything you submit or post through our Website grants the Company and our designees the right to use such material in any capacity and for any purpose.
You understand and agree that you are solely responsible and liable for any submissions you make. The Company will not be held liable in any way for your submissions or posts.
Consent to Use. By submitting reviews, images, comments, testimonials, or tags to us on any platform including, but not limited to social media and online reviews, you are by default granting us a commercial license and voluntarily releasing us to use your submissions for any reasonable future business use. In doing so, we may use your name and/or photo along with any other publicly acknowledged information that has been revealed by you when referring to your submissions on our Website, marketing materials, guides, and any other platform not expressed in this agreement.
Removal of User Submissions. We value all user submissions, but we are unable to review all submissions, posts and materials before they are posted to the Website. Therefore, we cannot be held liable for the failure to remove objectionable submissions or posts from the Website. However, the Company may remove user submissions and content for any reason and at its sole discretion without notice to you. Further, the Company may terminate user access to the website for any reason without notice.
Additionally, you understand and agree that the Company may be required to disclose your identity or personally identifiable information due to third-party claims, legal matters or for other purposes in compliance with law enforcement agencies, court orders or appropriate directives. You agree that the Company will not be liable to you in any way for the disclosure of your identity or other information under the foregoing circumstances.
The Company reserves the right to take legal action against any user, person or entity who violates this Agreement.
User Content Guidelines. User submissions may not:
Violate any state, federal, or local laws and regulations or promote illegal activities.
Violate any other person or entity’s intellectual property or legal rights.
Contain or encourage any obscene, indecent, sexually explicit or violent material and/or acts.
Contain any hateful, discriminatory or other objectionable content.
Embarrass, stalk, harass, or harm another person.
Misrepresent any person’s identity or organizational affiliation.
Be used for any promotional or commercial purposes including advertising.
The Company is not liable for any content that is not in compliance with these Terms and guidelines.
If you see content that does follow these Terms, please inform us immediately so we can look into this issue and determine how to move forward. Together, we can keep our Website free of language and materials that are intended to hurt, harm, or infringe on the rights of others. Thank you.
Disclaimer. We do not warrant the accuracy, completeness, or usefulness of the information you find on our Website. Any reliance you place on such information is at your own risk.
You understand and agree that the Website and its content is merely informational in nature and does not represent any level of medical advice. As such, our Company will not be responsible for any damages that result from the use of our Website and its content.
External Links. From time to time, we will link to external websites and sources that are not owned by our Company. These links may include, but are not limited to advertisements, affiliate links, 3rd party website links, and sponsored links. By continuing to use our Website, you agree that you understand we have no control over the contents of these sites nor do we have any access to making changes or amendments to them.
No Warranties or Guarantees. The Company is providing this Website and all content accessible through it on an “as-is” basis for individual use by you at your own risk and without any warranties, express or implied, including, but not limited to warranties of title; merchantability; fitness for a particular use; or any rights or licenses in this Agreement. We cannot guarantee that the Website and any downloadable content will be free from viruses or other harmful code. The Company makes no warranty as to the accuracy and reliability of information set forth on the Website and its content. To the fullest permissible extent, the Company disclaims liability for any damages you sustain as a result of use or access of the Company’s Website, content and any linked 3rd party Websites or content.
Limitation of Liability. The Company is in no way liable to you or any other third party for any damages including, but not limited to, punitive or exemplary damages or those resulting from negligence relating to this Agreement or your use of this Website, regardless of the foreseeable nature of the damages or the legal or equitable theory upon which the claim for damages is based. If found to be applicable by a court of competent jurisdiction or by law, the Company’s total liability arising out of or related to this Agreement and your use of the Website will be limited to the total amount paid to the Company preceding the event giving rise to the claim.
This Limitation of Liability provision does not purport to affect any liability that cannot be excluded or limited under the law.
Indemnification. You agree to defend, indemnify, and hold harmless the Company and its designees in all cases arising out of your use of our Website, web content, services or any information contained therein.
Binding Arbitration. In the event there is a dispute between the Parties that cannot be brought to an amicable mutual understanding, the Parties understand and agree that such dispute will be handled through binding arbitration in alignment with the rules of the American Arbitration Association. The Parties understand that they will be bound by any decision rendered by the arbitrator and/or arbitration proceedings. The arbitration itself will be held in the United States, Arkansas. If the arbitration is unable to move forward in the designated jurisdiction, the Company will unilaterally elect another venue for the arbitration. The Parties will equally share in the costs and expenses of arbitration and any related proceedings.
Choice of Law. This Agreement and the Parties’ relationship are governed by the laws of the State of Arkansas. In the event of conflicting laws, the laws of the State of Arkansas will control.
Severability. If any provision of these Terms is held to be invalid, illegal, or unenforceable by a court with jurisdiction, all other provisions set forth in this Agreement will remain valid and enforceable. By failing to enforce any right or provision of this Agreement, the Company is not waiving the right or ability to enforce the same rights or provisions in the future. Any right or provision in this Agreement will only be considered waived if done so in writing by an authorized representative of the Company.
Entire Agreement. These Terms of Use include the entire agreement of the parties and supersede any previous agreements between the parties, whether oral or in writing.