Last updated: January 2023
The words of which the initial letter is capitalized have meanings defined under the following conditions.
The following definitions shall have the same meaning regardless of whether they appear in singular or in plural.
Affiliate means an entity that controls, is controlled by or is under common control with a party, where "control" means ownership of 50% or more of the shares, equity interest or other securities entitled to vote for election of directors or other managing authority.
Company (referred to as either "the Company", "We", "Us" or "Our" in this Agreement) refers to CreateWellness LLC
Country refers to: California, United States
Device means any device that can access the Service such as a computer, a cellphone or a digital tablet.
Service refers to the Website.
Third-party Social Media Service means any services or content (including data, information, products or services) provided by a third-party that may be displayed, included or made available by the Service.
Website refers to the official website for CreateWellness, Licensed Clinical Social Worker Corporation accessible from createwellnesstherapy.com
You means the individual accessing or using the Service, or the company, or other legal entity on behalf of which such individual is accessing or using the Service, as applicable.
These are the Terms governing the use of this Service and the agreement that operates between You and the Company. These Terms set out the rights and obligations of all users regarding the use of the Service.
Your access to and use of the Service is conditioned on Your acceptance of and compliance with these Terms. These Terms apply to all visitors, users and others who access or use the Service.
By accessing or using the Service You agree to be bound by these Terms. If You disagree with any part of these Terms then You may not access the Service.
You represent that you are over the age of 18. The Company does not permit those under 18 to use the Service.
The Service and its original content (excluding Content provided by You or other users), features and functionality are and will remain the exclusive property of the Company and its licensors.
The Service is protected by copyright, trademark, and other laws of both the Country and foreign countries.
Our trademarks and trade dress may not be used in connection with any product or service without the prior written consent of the Company.
Links to Other Websites
Our Service may contain links to third-party web sites or services that are not owned or controlled by the Company.
The Company has no control over, and assumes no responsibility for, the content, privacy policies, or practices of any third party web sites or services. You further acknowledge and agree that the Company shall not be responsible or liable, directly or indirectly, for any damage or loss caused or alleged to be caused by or in connection with the use of or reliance on any such content, goods or services available on or through any such web sites or services.
We may terminate or suspend Your access immediately, without prior notice or liability, for any reason whatsoever, including without limitation if You breach these Terms.
Upon termination, Your right to use the Service will cease immediately.
Limitation of Liability
To the maximum extent permitted by applicable law, in no event shall the Company be liable for any special, incidental, indirect, or consequential damages whatsoever (including, but not limited to, damages for loss of profits, loss of data or other information, for business interruption, for personal injury, loss of privacy arising out of or in any way related to the use of or inability to use the Service, third-party software and/or third-party hardware used with the Service, or otherwise in connection with any provision of this Terms).
You understand that any information and content such as text, graphics, and images found within our Website is for general educational and informational purposes only. You understand that such information is not intended nor otherwise implied to be medical advice or a substitute for medical advice, diagnosis, or treatment.
This Website does not guarantee accuracy nor completeness of the information and content on it, and as a result such information does not encompass all conditions, disorders, health-related issues, or respective treatments. You understand that you should always consult your physician or other qualified healthcare provider to determine the appropriateness of this information for your own situation or if you have any questions regarding a medical condition, disorder, treatment plan, or other health-related issues.
This Website and its owners, contributors, and assignees expressly disclaim any and all responsibility for any liability, loss, or risk personal or otherwise, which may be or is incurred as a direct or indirect consequence of the use or application of any of the advice, comments, or information contained on this Website. In no event shall we be liable for direct, indirect, consequential, special, exemplary, or other damages related to your use of the information on our Website.
If you think that you may have a medical emergency, call your doctor or 911 immediately. No action or inaction should be taken based solely on the contents of this information. Nor should you ever delay seeking medical advice or treatment due to the information contained on this Website.
This Website does not recommend or endorse any specific tests, physicians, products, procedures, opinions, or other information that may be mentioned on this site. Reliance upon the information provided by this Website is solely at your own risk. In this regard you agree not to use any information on our Website, including but not limited to product descriptions, customer testimonials, etc. for the diagnosis and treatment of any health issue or for the prescription of any medication or treatment.
This information has not been evaluated or approved by the FDA and is not necessarily based on scientific evidence from any source. These statements have not been evaluated by the Food and Drug Administration (FDA). These products intend to support general wellbeing and do not intend to treat, diagnose, mitigate, prevent, or cure any condition or disease.
You further acknowledge that all customer testimonials as found on our Website are strictly the opinions of their writers and any results achieved are solely individual in nature; your results may vary.
"AS IS" and "AS AVAILABLE" Disclaimer
The Service is provided to You "AS IS" and "AS AVAILABLE". To the maximum extent permitted under applicable law, the Company, on its own behalf and on behalf of its Affiliates and its and their respective licensors and service providers, expressly disclaims all warranties, whether express, implied, statutory or otherwise, with respect to the Service, including all implied warranties. The Company provides no warranty or undertaking, and makes no representation of any kind that the Service will meet Your requirements or achieve any intended results. Without limiting the foregoing, neither the Company nor any of the company's provider makes any representation or warranty of any kind, express or implied: (i) as to the operation or availability of the Service, or the information, content, and materials or products included thereon; (ii) that the Service will be uninterrupted or error-free; (iii) as to the accuracy, reliability, or currency of any information or content provided through the Service; or (iv) that the Service, its servers, the content, or e-mails sent from or on behalf of the Company are free of viruses or other harmful components. Any content downloaded or otherwise obtained through the use of our Service is done at your own discretion and risk, and that you are solely responsible for any damage to your computer or other devices for any loss of data that may result from the download of such content.
This Service is not intended to be a substitute for professional advice. Under no circumstances will we be liable for any loss or damage caused by your reliance on information obtained through the Service. It is your responsibility to evaluate the accuracy, completeness or usefulness of any information, opinion, advice or other content available through the Service. Please seek the advice of professionals, as appropriate, regarding the evaluation of any specific information, opinion, advice or other content. Never disregard professional advice, including medical advice, or delay in seeking it, because of something you have read on this Service.
Indemnification: You shall indemnify and defend us, and our officers, employees, contractors, and consultants against any costs, expenses (including reasonable attorneys’ fees whether arising out of a third-party claim or in informing this indemnification), claims, judgments, settlements and damages (including all damages awarded to third parties payable by us, but in all cases only our direct damages) arising out of, or related to, your use of the Service, any materials posted to the Service or provided to other users by you or any violation of these Terms.
NEITHER WE, NOR ANY OF OUR OFFICERS, DIRECTORS, EMPLOYEES, CONTRACTORS OR AGENTS, WILL BE LIABLE TO YOU OR TO ANY OTHER PERSON FOR ANY INDIRECT, CONSEQUENTIAL, PUNITIVE OR SPECIAL DAMAGES (“NON-DIRECT DAMAGES”), OF ANY CHARACTER, WHETHER IN AN ACTION IN CONTRACT, TORT OR OTHERWISE, ARISING OUT OF OR IN CONNECTION WITH THESE TERMS, EVEN IF WE HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.
THE LIABILITY OF US AND ANY OF OUR OFFICERS, DIRECTORS, EMPLOYEES, CONTRACTORS OR AGENTS TO YOU OR TO ANY OTHER PERSON FOR DIRECT DAMAGES SHALL BE LIMITED TO THE GREATER OF US$100 OR THE FEES PAID BY YOU FOR OUR SERVICES DURING THE 12 MONTHS PRECEDING THE EVENTS THAT GIVE RISE TO YOUR FIRST CLAIM AGAINST US FOR DAMAGES.
Some jurisdictions do not allow the exclusion of certain types of warranties or limitations on applicable statutory rights of a consumer, so some or all of the above exclusions and limitations may not apply to You. But in such a case the exclusions and limitations set forth in this section shall be applied to the greatest extent enforceable under applicable law.
Copyrights and Copyright Agent
We respect the rights of all copyright holders. If you believe that your work has been copied in a way that constitutes copyright infringement, please send here the following information required by the Online Copyright Infringement Liability Limitation Act of the Digital Millennium Copyright Act, 17 U.S.C. §512.
a) A physical or electronic signature of a person authorized to act on behalf of the owner of an exclusive right that is allegedly infringed.
b) Identification of the copyright work claimed to have been infringed, or, if multiple copyrighted works at a single online site are covered by a single notification, a representative list of such works at that site.
c) Identification of the material that is claimed to be infringing or to be the subject of infringing activity and that is to be removed or access to which is to be disabled, and information reasonably sufficient to permit us to locate the material.
d) Information reasonably sufficient to permit us to contact the complaining party.
e) A statement that the complaining party has a good-faith belief that use of the material in the manner complained of is not authorized by the copyright owner, its agent, or the law.
f) A statement that the information in the notification is accurate, and under penalty of perjury, that the complaining party is authorized to act on behalf of the owner of an exclusive right that is allegedly infringed.
If You have any concern or dispute about the Service, You agree to first try to resolve the dispute informally by contacting the Company.
Governing Law and Waiver of Jury Trial
These Terms and any claim or dispute arising out of, relating to or in connection with these Terms or the transactions contemplated hereby, whether in contract, tort or otherwise, shall be governed by and construed in accordance with the laws of the State of California. Each party irrevocably consents and agrees that any legal action, suit or proceeding against either of them arising out of, relating to or in connection with the transaction contemplated hereby or disputes relating hereto may be brought only in the courts of the State of California located in Los Angeles County and hereby irrevocably accepts and submits to the exclusive jurisdiction of the aforesaid courts, with respect to any such action, suit or proceeding. Each party waives to the fullest extent permitted by law any right to trial by jury in any action, suit or proceeding brought to enforce, defend or interpret any rights or remedies arising under, relating to or in connection with these Terms.
If any provision of these Terms is held to be unenforceable or invalid, such provision will be changed and interpreted to accomplish the objectives of such provision to the greatest extent possible under applicable law and the remaining provisions will continue in full force and effect.
Except as provided herein, the failure to exercise a right or to require performance of an obligation under this Terms shall not effect a party's ability to exercise such right or require such performance at any time thereafter nor shall be the waiver of a breach constitute a waiver of any subsequent breach.
These Terms may have been translated if We have made them available to You on our Service. You agree that the original English text shall prevail in the case of a dispute.
We reserve the right to change this User Agreement from time to time without notice. You acknowledge and agree that it is your responsibility to review this User Agreement periodically to familiarize yourself with any modifications. Your continued use of this site after such modifications will constitute acknowledgment and agreement of the modified Terms. By continuing to access or use Our Service after those revisions become effective, You agree to be bound by the revised terms. If You do not agree to the new terms, in whole or in part, please stop using the website and the Service.
If you have any questions about these Terms, You can contact us here.