Lexercise® Client Terms of Service
Last Modified: July 30, 2021
IF YOU PURCHASE A RECURRING SUBSCRIPTION TO USE OUR PLATFORM, WHETHER IN CONNECTION WITH PROFESSIONAL THERAPY, BASIC THERAPY, MASTER THERAPY OR OTHERWISE, THE ASSOCIATED CHARGES WILL RECUR ON YOUR PAYMENT CARD AUTOMATICALLY UNLESS YOU CANCEL IN ACCORDANCE WITH THESE TERMS OF SERVICE. PLEASE SEE SECTION 15(E) BELOW TO LEARN MORE.
Mind InFormation, Inc. (the “Company,” “we” or “us”) maintains the websites located at www.lexercise.com, app.lexercise.com (together with all related domains, the “Website”) pursuant to which we provide an integrated instructional online platform for the identification and treatment of dyslexia and other similar learning difficulties (including the Website and all functionality, software, content and services made available thereon, the “Platform”). The Platform aims to assist children or adults with learning difficulties (when registered to use the Platform, a “User”) in overcoming dyslexia or other learning difficulties by providing information, tools and exercises and by facilitating interactions with registered teletherapy partners, including registered teletherapy groups and individual therapists (whether associated with a therapy group or otherwise) (each, a “Therapist”). If the User is a minor child, we require a parent or other legal guardian or entity representative who has custody or control over the User (each, a “Guardian,” and together with the associated User, the “Clients”) to use the Platform in conjunction with the User to supervise the User’s use of and interactions with the Platform. “You” are the User if you are 18 years of age or older or otherwise have the legal capacity to enter into a binding agreement in your jurisdiction of residence, in which case you accept these Client Terms of Service (as defined below) on your own behalf. Otherwise “You” are the Guardian managing the User’s account and accepting these Client Terms of Service on behalf of yourself and on behalf of the User, and you will be responsible for ensuring the User complies with these Client Terms of Service and you will be liable for any breach or violation of these Client Terms of Service by the User.
The following terms and conditions (“Client Terms of Service”) govern your access to and use of the Platform and form a binding agreement between you and us. Please read these Client Terms of Service carefully before you start to use the Platform.
BY USING THE WEBSITE, OR BY REGISTERING FOR THE PLATFORM (INCLUDING, IF APPLICABLE, CLICKING TO ACCEPT OR AGREE TO THESE CLIENT TERMS OF SERVICE WHEN THE OPTION IS MADE AVAILABLE TO YOU): (A) IF YOU ARE ACCEPTING THESE CLIENT TERMS OF SERVICE IN YOUR INDIVIDUAL CAPACITY, YOU ACKNOWLEDGE THAT YOU HAVE READ AND UNDERSTAND THESE CLIENT TERMS OF SERVICE AND YOU REPRESENT THAT YOU ARE 18 YEARS OF AGE OR OLDER OR OTHERWISE HAVE THE LEGAL CAPACITY TO ENTER INTO A BINDING AGREEMENT IN YOUR JURISDICTION OF RESIDENCE AND YOU AGREE THAT YOU ARE LEGALLY BOUND BY THESE CLIENT TERMS OF SERVICE; AND (B) IF YOU ARE A GUARDIAN ACCEPTING THESE CLIENT TERMS OF SERVICE ON YOUR OWN BEHALF AND ON BEHALF OF A USER, YOU ACKNOWLEDGE THAT YOU ARE SUCH USER’S PARENT OR LEGAL GUARDIAN OR OTHER PERSON OR ENTITY WHO HAS CUSTODY OR CONTROL OVER THE USER, YOU ACKNOWLEDGE THAT YOU HAVE READ AND UNDERSTAND THESE CLIENT TERMS OF SERVICE, AND YOU REPRESENT THAT YOU ARE CAPABLE OF ENTERING INTO BINDING AGREEMENTS ON YOUR OWN BEHALF AND ON THE USER’S BEHALF. IF YOU DO NOT AGREE TO THESE CLIENT TERMS OF SERVICE, DO NOT USE THE WEBSITE OR OTHERWISE REGISTER TO ACCESS AND USE THE PLATFORM.
We may revise and update these Client Terms of Service from time to time in our sole discretion. Changes are effective immediately when we post them, but are not retroactive. We will endeavor to notify you of these changes via a conspicuous posting within the Platform itself or via notice by e-mail to the e-mail address we have on file for you, but will not be liable for any failure to do so. Your continued use of the Platform following the posting of revised Client Terms of Service means that you accept and agree to the changes. If any future changes to these Client Terms of Service are unacceptable to you or cause you to no longer be in compliance with these Client Terms of Service, you must immediately stop using the Platform. You must check this page frequently so that you are aware of any changes, and immediately discontinue access or use of the Platform if you do not want to agree to the revised Client Terms of Service.
If the User is under the age of 18, the Guardian has additionally reviewed and has clicked “I AGREE” with respect to the Parental Consent to Collection and Use of Child User’s Information available online at https://www.lexercise.com/about/legal/parental-consent.
We reserve the right to update, alter, enhance, amend or otherwise change the Platform (including, without limitation, the design, look and feel, functionality, content, material, information and/or services provided via the Platform), in our sole discretion without notice. We will not be liable if for any reason all or any part of the Platform is unavailable at any time or for any period. You are responsible for making all arrangements necessary for you to have access to the Platform.
If you choose, or are provided with, a user name, password or any other piece of information as part of our security procedures, you must treat such information as confidential, and you must not disclose it to any other person or entity. You acknowledge that your account is personal to you and agree not to provide any other person with access to the Platform or portions of it using your user name, password or other security information. You agree to notify us immediately of any unauthorized access to or use of your user name or password or any other breach of security. You should use particular caution when accessing your account from a public or shared computer so that others are not able to view or record your password or other personal information. We have the right to disable any user name, password or other identifier, whether chosen by you or provided by us, at any time in our sole discretion if, in our opinion, the continued use of that user name, password or other identifier would be inappropriate.
Accessing the Platform without proper user name and password is strictly prohibited, constitutes a breach of these Client Terms of Service resulting in the immediate termination of your right to use the Platform, and may violate copyright, trademark and other laws.
The Website and the Platform and their entire contents, features and functionality (including but not limited to all information, instructional materials, exercises, software, text, displays, images, video and audio, and the design, selection and arrangement thereof) are owned by us, our licensors or other providers of such material and are protected by United States and international copyright, trademark, patent, trade secret and other intellectual property or proprietary rights laws. These Client Terms of Service permit you to use the Platform for your personal, non-commercial use only.
Your computer may temporarily store copies of the materials available via the Website or Platform incidental to your accessing and viewing those materials, and your Web browser may store files that are automatically cached for display enhancement purposes. You must not otherwise reproduce, distribute, modify, edit, create derivative works of, publicly display, publicly perform, republish, reverse engineer, decompile, download, store or transmit any of the material on the Website or Platform, except as follows:
Other than as expressly provided elsewhere in this section, you must not modify copies of any materials from the Website or the Platform nor use any illustrations, photographs, video or audio sequences or any graphics separately from the accompanying text. You must not copy, modify, use or attempt to use any of the web-based tools provided through the Platform, such as the scheduling tool or the activity planning tool, except in the form that such tools are specifically provided to you via your authorized use of the Platform. You must never delete or alter any copyright, trademark or other proprietary rights notices from copies of materials from the Website or the Platform. If you wish to obtain consent to use of material available via the Website or Platform other than as set out in this section, please submit your request for approval to email@example.com.
If you access, print, copy, modify, download or otherwise use or provide any other person with access to any part of the Platform in breach of the Client Terms of Service, your right to use the Platform will cease immediately and you must, at our option, return or destroy any copies of any materials you have made. No right, title or interest in or to the Platform or any content on the Platform is being transferred to you, and all rights not expressly granted are reserved by us. Any use of the Platform not expressly permitted by these Client Terms of Service is a breach of these Client Terms of Service and may violate copyright, trademark and other laws.
The Lexercise name, the Company’s stylized “LEXERCISE” logo and all other names, logos, product and service names, designs and slogans used as trademarks by us on the Website and the Platform are trademarks of the Company or its affiliates or licensors. You must not use such marks without our prior written permission. All other names, logos, product and service names, designs and slogans on the Platform, including (but not limited to) those of International Dyslexia Association, University of North Carolina at Greensboro, Learning Ally, the Dyslexia Services Foundation, the Donegan Burns Foundation, Home School Legal Defense Association, Better Business Bureau and Digicert are the trademarks of their respective owners. You must not use such marks without the prior written permission of the owner of such marks.
We take claims of copyright infringement seriously and will respond to notices of alleged copyright infringement that comply with applicable law. If you believe that any materials available on the Platform, including any User Contributions, violate your copyright, please see our Copyright Infringement / DMCA Policy https://www.lexercise.com/about/legal/copyright-dmca for instructions on sending us a notice of copyright infringement. It is our policy to terminate the user accounts of repeat infringers.
You may use the Website and the Platform only for lawful purposes and in accordance with these Client Terms of Service. Specifically, you agree not to use the Website or Platform:
Additionally, you agree not to use the Website or the Platform in any manner that could disable, overburden, damage, or impair the Website or the Platform or interfere with any other party’s use of the Website or Platform, including their ability to engage in real time activities through the Platform. Without limitation, you must not:
We provide a one-time, limited guarantee of success for each User that engages in Professional Therapy sessions via the Platform (the “Lexercise Guarantee”). The Lexercise Guarantee is subject to the terms and conditions detailed here https://www.lexercise.com/about/legal/guarantee.
The Platform is solely a communications, payment and workflow management facilitation tool that enables connections between Guardians, Users and Therapists. We do not take part in the interactions between Clients and Therapists. We are not responsible for such interactions. You are solely responsible for such interactions. We are not engaged in the business of selling any consumer goods or products to Clients or Therapists; our business is solely the provision of the content and services made available to registered users of the Platform. We are not a party to any relationship or contract between Clients and Therapists, except for our role as the limited authorized agent acting on behalf of the applicable Therapist for the purpose of accepting payments from Clients on behalf of the applicable Therapist and transmitting such payments to the applicable Therapist. We are not responsible for any such contracts or proposals that you may upload to the Platform other than making such contracts or proposals available for review and signature (including e-signature) as authorized by you. All such dealings are solely between Clients and Therapists.
We will endeavor to use reasonable efforts to vet and to validate the qualifications of Therapists who wish to register for the Platform, including by (1) requiring each individual Therapist to pass a qualification examination, (2) requiring each individual Therapist to provide documentation of their relevant education and experience, (3) requiring each individual Therapist to have earned at least 100 hours of practical experience serving clients with dyslexia or other similar learning difficulties, and (4) engaging in on-going review of Client feedback regarding such Therapists. Beyond this, and except to the extent provided for in the Lexercise Guarantee described above in Section 11, we cannot and do not control, are not responsible for, and make no representations regarding (i) the quality, timing, availability for scheduling, suitability, reliability, safety, or legality of any services advertised or promoted by Therapists, (ii) the truth or accuracy of any advertisements or promotional materials supplied by Therapists, (iii) the skills, talents, experience and/or qualifications of Therapists, or (iv) whether any service offered by Therapists will meet a particular User’s requirements. The availability of any Therapist to provide teletherapy services on the Platform does not imply our endorsement of such services for the unique needs of a particular User.
Reviews and testimonials are solely the opinions of the Clients that post them, and no reviews or testimonials contain or reflect any opinions or views of the Company.
IN THE EVENT THAT YOU HAVE A DISPUTE WITH ONE OR MORE THERAPISTS, YOU HEREBY AGREE TO RELEASE US (AND ALL OF OUR OFFICERS, DIRECTORS, AGENTS, INVESTORS, SUBSIDIARIES, AND EMPLOYEES) FROM ANY AND ALL CLAIMS, DEMANDS, DAMAGES (ACTUAL OR CONSEQUENTIAL) OF EVERY KIND AND NATURE, KNOWN AND UNKNOWN, SUSPECTED AND UNSUSPECTED, DISCLOSED AND UNDISCLOSED, ARISING OUT OF OR IN ANY WAY CONNECTED WITH SUCH DISPUTES.
The information presented on or through the Website and the Platform is made available solely for general information purposes. We do not warrant the accuracy, completeness or usefulness of this information, and any reliance you place on such information is strictly at your own risk. We disclaim all liability and responsibility arising from any reliance placed on such materials by you or any other user of the Website or the Platform, or by anyone who may be informed of any of its contents.
The Platform may include content provided by third parties, including materials provided by Therapists, non-profit or educational organizations and foundations, or other users of the Platform. All statements and/or opinions expressed in these materials, and all articles and responses to questions and other content, other than the content provided by us, are solely the opinions and the responsibility of the person or entity providing those materials. These materials do not necessarily reflect our opinions. We are not responsible, or liable to you or any third party, for the content or accuracy of any materials provided by any third parties.
(a) Sessions. Each “Session” will typically take place over a week-long period and will typically consist of (i) one one-on-one video-conference teletherapy session with your Therapist and (where applicable) attended by both a Guardian and a User, and (ii) a series of online practice exercises and other activities as assigned by the Therapist and for the User and (where applicable) the Guardian to complete.
(b) Preparation for Sessions. You understand that it is your responsibility to:
(ii) At least three (3) business days prior to your first Session, enter into a written service agreement with your Therapist outlining the terms and conditions of your relationship with your Therapist (“Service Agreement”).
(iii) Ensure the technology you use for video-conference teletherapy sessions (including your computer, internet connectivity, etc.) is adequate. More information about the Platform’s technology requirements and setting up such technology is available here, in our Technology Checklist https://www.lexercise.com/about/legal/technology.
In exchange for and as a condition of your access to and use of the Platform, and unless otherwise agreed by us in writing, you agree to promptly pay to us (or cause a Funding Organization to promptly pay to us) all Platform fees and charges at the current list prices set forth on our Website or as otherwise displayed to you at the time of checkout, including, but not limited to, all Session Charges (as defined below) for Professional Therapy or One-Off Charges (as defined below), as you incur them, subject to the terms and conditions of this Section 15.
In some cases, payment of fees and charges for your access to and use of the Platform may be sponsored by a third party organization (a “Funding Organization”) that has agreed to make payments on your behalf under these Client Terms of Service. Such Funding Organization, if any, is identified in a separate addendum or written agreement between you and us. In the event a Funding Organization is making payments on your behalf, you may nevertheless be asked to pay to us one or more refundable deposits in an amount (or amounts) that you and we mutually agree upon. A portion of each refundable deposit will be refunded to you for each week that you are meeting all participation commitments with respect to access to and use of the Platform, as determined in our discretion.
(a) Managing Payment Information.
To make payment of any fees or charges you incur while using the Platform, you (or the Funding Organization as applicable) will be asked to provide at least one valid credit card, debit card, or other method of payment (your “Payment Account”). It is your responsibility and obligation to provide accurate information (or to ensure the Funding Organization has provided accurate information) pertaining to your Payment Account and to keep all such information current. By providing any payment information to us (or causing a Funding Organization to provide any payment information to us), you represent and warrant to us that you are (or the Funding Organization is) authorized to use the payment instrument provided for payment of all Platform fees and charges under these Client Terms of Service.
It is your responsibility to ensure the applicable Payment Account has sufficient funds. We are not responsible, and Therapists are not responsible, for bank or credit card fees associated with an overdraft on the applicable Payment Account.
(b) Professional Therapy – Session Charges. The cost for a set of four (4) Sessions (a “Session Set”) will be set in part based upon the current rates of your assigned Therapist (“Session Charges”). You (or the Funding Organization, as applicable) will be billed for Session Charges in one of three ways:
(i) Initiating Sessions. When you first register for the Platform and are assigned a Therapist to work with, one Session Set will be added to your account and the applicable Payment Account will be billed for the applicable Session Charges.
(ii) Manual Pre-Payment of Session Charges. You may manually choose to pre-charge the applicable Payment Account for as many Session Sets as you wish (with proper authorization from the Funding Organization, as applicable). When you select and pay for additional Session Sets, those Session Sets will be added to your account for your future use.
(iii) Automatic Payment of Session Charges. Once you initiate Sessions, you (or the Funding Organization, as applicable) will automatically be billed for an additional Session Set after using the last Session in your User’s account. You may stop these recurring charges at any time by following the procedures for terminating recurring charges noted in Section 15(e) below (“Terminating Recurring Charges”).
(iv) Non-Transferability. Purchased Sessions may not be transferred from one User to another User.
(c) One-Off Charges. You and your Therapist may arrange for payment for one-time expenses for items such as books, other instructional materials or additional consultation sessions as specifically agreed between you and your Therapist or for the payment of certain other one-time fees or charges, such as session rescheduling fees (collectively, “One-Off Charges”). All One-Off Charges will be facilitated and processed through the Platform, and the applicable Payment Account will be billed for such One-Off Charges.
We may also charge you certain $25 processing fees, as described in Section 15(d) below (“Terms of Payment”).
(d) Terms of Payment.
All Platform fees and charges, including, but not limited to Session Charges and One-Off Charges are due immediately when incurred. Payment will be made for any fees or charges you incur, including Session Charges, by charging the Payment Account provided. You (or, as applicable, the Funding Organization) will be sent an e-mail receipt itemizing all charges each time the applicable Payment Account is charged. If the primary Payment Account is determined to be expired, invalid, or otherwise unable to be charged, you agree that we may use a secondary Payment Account you have provided, if available.
ALL PURCHASES ARE FINAL; NO REFUNDS WILL BE PROVIDED FOR PAYMENTS ALREADY MADE, EXCEPT TO THE LIMITED EXTENT SET FORTH IN THESE TERMS OF SERVICE OR UNLESS OTHERWISE AGREED BY THE COMPANY IN ITS SOLE DISCRETION.
In certain cases we may in our sole discretion agree to refund fees and/or charges you have incurred via the Platform. Our choice to provide a discretionary refund of fees and/or charges for any one Client in any particular set of circumstances does not create any express or implied obligation to refund fees and/or charges for any particular Client in any particular set of circumstances at any time in the future.
Additionally, if you have a dispute relating to any Session Charges or One-Off Charges directly with a Therapist, you must contact the Therapist directly to resolve such disputes or discrepancies, and your claim must be in writing and be made within fifteen (15) days of such charges being billed to the applicable Payment Account. If you contact us in regards to such disputes, as a courtesy we may in our discretion use reasonable efforts to relay your communication to the applicable Therapist and we may in our discretion process a refund on your behalf , including (but not limited to) if we receive no response from the Therapist or if the Therapist confirms in writing that such Session Charges or One-Off Charges should be refunded. To the extent we choose to assist in resolving any such problems, we do so for your convenience only, and our choice to assist in resolving any such problem for any one Client in any particular set of circumstances does not create any express or implied obligation to continue doing so at any time in the future. If the dispute or discrepancy is not resolved in this manner (i.e., the Therapist disputes your claim), you understand that it is your responsibility, and not our responsibility, to contact the Therapist to attempt to attempt to resolve such dispute. You understand that, because we are not a party to the relationship between Clients and Therapists, we are not responsible for mediating or resolving disputes between Clients and Therapists.
All payments processed via the Platform will be encrypted and transmitted securely using Secure Sockets Layer (SSL) technology through a reputable third-party payment processor.
You also understand that you are (or, as applicable, the Funding Organization is) responsible for a $25 processing fee, which we may choose to apply to your account in our discretion, if (i) we have to make any reimbursement as a result of your failure to terminate Session Sets in a timely manner, (ii) you take a break between Session Sets and wish to re-initiate your subscription, (iii) you request certain additional services beyond those customarily provided (e.g., special receipts, letters, memos, or additional technology checks) from us.
(e) Terminating Recurring Charges. To terminate recurring Session Sets and the automatic payment of Session Charges noted in Section 15(b)(iii) above, or to terminate any other automatically recurring charges such as recurring subscription fees for our Mastery Therapy or Basic Therapy subscriptions, you must cancel your subscription by (i) logging in to your account online and selecting the “Cancel My Subscription” (or similarly-worded) option and following the prompts that appear, or (ii) contacting us using one of the methods described on the “Contact Us” page on our Website (https://www.lexercise.com/contact-us) and indicating in your message that you wish to cancel your subscription. Professional Therapy subscribers must submit their cancellation request prior to 11:55 p.m. UTC on the day you use the last Session in the set to stop the next recurring charge. Mastery Therapy and Basic Therapy subscribers must submit their cancellation request prior to 11:55 p.m. UTC on the last day of the current subscription period to stop the next recurring charge.
Cancelling your subscription within the required time period will stop any future recurring monthly charges, but this will not result in a refund of any previously-paid fees or charges. No refunds are provided for fees or charges already paid, with limited exceptions described in these Terms of Service. The only other exception is if we process a subscription order after we have already received your timely cancellation request. If charges are made to your payment account after we have received your cancellation request, then we will refund these charges upon your request. If you cancel, your subscription benefits will continue until the end of the last subscription period for which you have paid (which, in the case of Professional Therapy subscribers, will be at the time of the last Session for which you have paid).
(f) Changes to Recurring Charges. All posted prices are subject to change. Any recurring subscription fees are subject to change with prior notice to you. In connection with this prior notice to you of any fee increase for recurring charges, you will be given an opportunity to cancel your subscription before incurring any charges at the increased rates. If you do not cancel before the next payment is scheduled to be charged (when we have indicated the fee increase will take effect), the subscription fee at the increased rate will automatically be charged to your Payment Account at the beginning of the subscription period in which the fee increase will take effect and in each subscription period thereafter until you cancel.
(g) No Outside Payments. All applicable Session Charges, One-Off Charges, and any other charges or fees associated with your use of the Platform must be paid through the Platform using the payment system that has been provided to you by us. You are prohibited from attempting in any way to avoid paying any such charges or fees by making payment outside of or apart from the Platform.
If the Website or Platform contains links to other sites and resources provided by third parties, these links are provided for your convenience only. We have no control over the contents of those sites or resources, and accept no responsibility for them or for any loss or damage that may arise from your use of them. If you decide to access any of the linked third party websites, you do so entirely at your own risk and subject to the terms and conditions of use for such websites.
We cannot and do not guarantee or warrant that files available for downloading from the Internet, Website or the Platform will be free of viruses or other destructive code. You are responsible for implementing sufficient procedures and checkpoints to satisfy your particular requirements for anti-virus protection and accuracy of data input and output, and for maintaining a means external to our site for any reconstruction of any lost data. WE WILL NOT BE LIABLE FOR ANY LOSS OR DAMAGE CAUSED BY A DISTRIBUTED DENIAL-OF-SERVICE ATTACK, VIRUSES OR OTHER TECHNOLOGICALLY HARMFUL MATERIAL THAT MAY INFECT YOUR COMPUTER EQUIPMENT, COMPUTER PROGRAMS, DATA OR OTHER PROPRIETARY MATERIAL DUE TO YOUR USE OF THE PLATFORM OR ANY SERVICES OR ITEMS OBTAINED THROUGH THE PLATFORM OR TO YOUR DOWNLOADING OF ANY MATERIAL POSTED ON IT, OR ON ANY WEBSITE LINKED TO IT.
YOUR USE OF THE WEBSITE AND THE PLATFORM IS AT YOUR OWN RISK. THE WEBSITE AND THE PLATFORM (INCLUDING, WITHOUT LIMITATION, ANY SERVICES OBTAINED THROUGH IT) ARE PROVIDED ON AN “AS IS” AND “AS AVAILABLE” BASIS, WITHOUT ANY WARRANTIES OF ANY KIND, EITHER EXPRESS OR IMPLIED. NEITHER THE COMPANY NOR ANY PERSON ASSOCIATED WITH THE COMPANY MAKES ANY WARRANTY OR REPRESENTATION WITH RESPECT TO THE COMPLETENESS, SECURITY, RELIABILITY, QUALITY, ACCURACY OR AVAILABILITY OF THE WEBSITE OR THE PLATFORM (INCLUDING, WITHOUT LIMITATION, ANY SERVICES OBTAINED THROUGH IT). WITHOUT LIMITING THE FOREGOING, NEITHER THE COMPANY NOR ANYONE ASSOCIATED WITH THE COMPANY REPRESENTS OR WARRANTS THAT THE WEBSITE OR THE PLATFORM WILL BE ACCURATE, RELIABLE, ERROR-FREE OR UNINTERRUPTED, THAT DEFECTS WILL BE CORRECTED, THAT OUR SERVERS THAT MAKE IT AVAILABLE ARE FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS OR THAT THE PLATFORM (INCLUDING, WITHOUT LIMITATION, ANY SERVICES OBTAINED THROUGH IT) WILL OTHERWISE MEET YOUR NEEDS OR EXPECTATIONS.
NEITHER THE COMPANY NOR ANY PERSON ASSOCIATED WITH THE COMPANY MAKES AND WARRANTY OR REPRESENTATION WITH RESPECT TO (A) THE QUALITY, TIMING, AVAILABILITY FOR SCHEDULING SUITABILITY, RELIABILITY, SAFETY, OR LEGALITY OF ANY SERVICES ADVERTISED, PROMOTED OR MADE AVAILABLE BY THERAPISTS, (B) THE TRUTH OR ACCURACY OF ANY ADVERTISEMENTS OR PROMOTIONAL MATERIALS SUPPLIED BY THERAPISTS, (C) the skills, talents, experience and/or qualifications of THERAPISTS, OR (D) WHETHER ANY GOOD OR SERVICE OFFERED BY A THERAPIST WILL MEET A PARTICULAR USER’S REQUIREMENTS.
EXCEPT AS EXPRESSLY PROVIDED IN SECTION 11 OF THESE CLIENT TERMS OF SERVICE, THE COMPANY HEREBY DISCLAIMS ALL WARRANTIES OF ANY KIND, WHETHER EXPRESS OR IMPLIED, STATUTORY OR OTHERWISE, INCLUDING BUT NOT LIMITED TO ANY WARRANTIES OF MERCHANTABILITY, NON-INFRINGEMENT AND FITNESS FOR PARTICULAR PURPOSE.
THE FOREGOING DOES NOT AFFECT ANY WARRANTIES WHICH CANNOT BE EXCLUDED OR LIMITED UNDER APPLICABLE LAW.
EXCEPT AS EXPRESSLY PROVIDED IN SECTION 11 OF THESE CLIENT TERMS OF SERVICE, IN NO EVENT WILL THE COMPANY, ITS AFFILIATES OR THEIR LICENSORS, SERVICE PROVIDERS, EMPLOYEES, AGENTS, OFFICERS OR DIRECTORS BE LIABLE FOR DAMAGES OF ANY KIND, UNDER ANY LEGAL THEORY, ARISING OUT OF OR IN CONNECTION WITH YOUR USE, OR INABILITY TO USE, THE WEBSITE OR THE PLATFORM, ANY CONTENT ON THE WEBSITE OR THE PLATFORM, OR ANY SERVICES OR ITEMS OBTAINED THROUGH THE PLATFORM. THIS DISCLAIMER INCLUDES ANY DIRECT, INDIRECT, SPECIAL, INCIDENTAL, CONSEQUENTIAL OR PUNITIVE DAMAGES, INCLUDING BUT NOT LIMITED TO, DAMAGES FOR PERSONAL INJURY, PAIN AND SUFFERING, EMOTIONAL DISTRESS, LOSS OF REVENUE, LOSS OF PROFITS, LOSS OF BUSINESS OR ANTICIPATED SAVINGS, LOSS OF USE, LOSS OF GOODWILL OR LOSS OF DATA, WHETHER CAUSED BY TORT (INCLUDING NEGLIGENCE), BREACH OF CONTRACT OR OTHERWISE, EVEN IF FORESEEABLE.
IN NO EVENT WILL THE COMPANY, ITS AFFILIATES OR THEIR SERVICE PROVIDERS, LICENSORS, EMPLOYEES, AGENTS, OFFICERS OR DIRECTORS BE LIABLE FOR ANY CLAIMS, DEMANDS, DAMAGES (ACTUAL OR CONSEQUENTIAL) OF ANY KIND AND NATURE, KNOWN AND UNKNOWN, SUSPECTED AND UNSUSPECTED, DISCLOSED AND UNDISCLOSED, ARISING OUT OF OR IN ANY WAY CONNECTED WITH ANY SERVICE AGREEMENT BETWEEN A CLIENT AND A THERAPIST AND/OR ANY DISPUTE BETWEEN A CLIENT AND A THERAPIST.
THE FOREGOING DOES NOT AFFECT ANY LIABILITY WHICH CANNOT BE EXCLUDED OR LIMITED UNDER APPLICABLE LAW.
You agree to defend, indemnify and hold harmless the Company, its affiliates, licensors and service providers, and its and their respective officers, directors, employees, contractors, agents, licensors, suppliers, successors and assigns from and against any claims, liabilities, damages, judgments, awards, losses, costs, expenses or fees (including reasonable attorneys’ fees) arising out of or relating to (i) your violation of these Client Terms of Service, (ii) your use of the Platform, including, but not limited to, any use of the Platform’s content, services and products other than as expressly authorized in these Client Terms of Service, or (iii) your violation of the rights of any third party, including Therapists.
All matters relating to the Platform and these Client Terms of Service and any dispute or claim arising therefrom or related thereto (in each case, including non-contractual disputes or claims), shall be governed by and construed in accordance with the internal laws of the State of North Carolina without giving effect to any choice or conflict of law provision or rule (whether of the State of North Carolina or any other jurisdiction).
Any legal suit, action or proceeding arising out of or related to these Client Terms of Service or the Platform shall be instituted exclusively in the federal courts of the United States in North Carolina, or the courts of the State of North Carolina, except that we retain the right to bring any suit, action or proceeding against you for breach of these Client Terms of Service in your country of residence or any other relevant country. You waive any and all objections to the exercise of jurisdiction over you by such courts and to venue in such courts.
No waiver by the Company of any term or condition set forth in these Client Terms of Service shall be deemed a further or continuing waiver of such term or condition or a waiver of any other term or condition, and any failure of the Company to assert a right or provision under these Client Terms of Service shall not constitute a waiver of such right or provision. If any provision of these Client Terms of Service is held by a court or other tribunal of competent jurisdiction to be invalid, illegal or unenforceable for any reason, such provision shall be eliminated or limited to the minimum extent such that the remaining provisions of the Client Terms of Service will continue in full force and effect. These Client Terms of Service do not and are not intended to confer any rights or remedies upon any person other than you.