SacWellness Terms of Service

Last Updated 9/29/2018

 

OVERVIEW

 

This website is operated by Joseph B. Borders, D.B.A SacWellness, hereinafter referred to as SacWellness. Throughout the site, the terms “we”, “us” and “our” refer to SacWellness. SacWellness offers this website, including all information, tools and Services available from this site to you, the user, conditioned upon your acceptance of all terms, conditions, policies and notices stated here.

By visiting our site and/ or purchasing the ability to list your Services on our site, you engage in our “Service” and agree to be bound by the following terms and conditions (“Terms of Service”, “Terms”), including those additional terms and conditions and policies referenced herein and/or available by hyperlink. These Terms of Service apply to all users of the site, including without limitation users who are browsers, vendors, therapists, customers, merchants, and/ or contributors of content.

Please read these Terms of Service carefully before accessing or using our website. By accessing or using any part of the site, you agree to be bound by these Terms of Service. If you do not agree to all of the terms and conditions of this agreement, then you may not access the website or use any of the Services available on it. If these Terms of Service are considered an offer, acceptance is expressly limited to these Terms of Service.

Any new features or tools which are added to the current website shall also be subject to the Terms of Service. You can review the most current version of the Terms of Service at any time on this page. We reserve the right to update, change or replace any part of these Terms of Service by posting updates and/or changes to our website. It is your responsibility to check this page periodically for changes. Your continued use of or access to the website following the posting of any changes constitutes acceptance of those changes.

 

SECTION 1 – THERAPIST DIRECTORY TERMS

 

By agreeing to these Terms of Service, you represent that you are at least 13 years of age, or that you are the age of majority in your state or province of residence and you have given us your consent to allow any of your minor dependents to use this site.

You may not use our service for any illegal or unauthorized purpose nor may you, in the use of the Service, violate any laws in your jurisdiction (including but not limited to copyright laws).

You may not use your listing or materials on your listing to impersonate another person living, or dead.

Sending unsolicited commercial emails to our users is not allowed.

You must not transmit any worms or viruses or any code of a destructive nature.

A breach or violation of any of the Terms will result in an immediate termination of your account and/or listing(s) on our Service.

 

SECTION 2 – GENERAL CONDITIONS

 

We reserve the right to refuse Service to anyone for any reason at any time.

You understand that your content (not including credit card information), may be transferred unencrypted and involve (a) transmissions over various networks; and (b) changes to conform and adapt to technical requirements of connecting networks or devices. Credit card information is always encrypted during transfer over networks.

You agree not to reproduce, duplicate, copy, sell, resell or exploit any portion of the Service, use of the Service, or access to the Service or any contact on the website through which the Service is provided, without express written permission by us.

The headings used in this agreement are included for convenience only and will not limit or otherwise affect these Terms.

 

SECTION 3 – ACCURACY, COMPLETENESS AND TIMELINESS OF INFORMATION

 

We are not responsible if information made available on this site is not accurate, complete or current. The material on this site is provided for general information only and should not be relied upon or used as the sole basis for making decisions without consulting primary, more accurate, more complete or more timely sources of information. We shall not be held responsible in any way for any loss or damages resulting from your reliance on the material presented on sacwellness.com. Any reliance on the material on this site is at your own risk.

A service being listed on sacwellness.com does not constitute an endorsement or recommendation of specific professionals, procedures, opinions, medications, tests, third parties (including professionals listing their services on our site), or other information that may be mentioned on the Site. Further, SacWellness does not examine, guarantee, or verify the credentials or competence of any professional listed on sacwellness.com. It is the responsibility of the user to verify the credentials of any professionals they choose to contact. The California Department of Consumer Affairs maintains a license status database. This may help you to verify the licensing status of a professional, but this service is separate from SacWellness and is not backed by or guaranteed by SacWellness in any way.

This site may contain certain historical information. Historical information, necessarily, is not current and is provided for your reference only. We reserve the right to modify the contents of this site at any time, but we have no obligation to update any information on our site. You agree that it is your responsibility to monitor changes to our site.

 

SECTION 4 – MODIFICATIONS TO THE SERVICE AND PRICES

 

Prices for our Services are subject to change. In the event that we change our prices we will notify all paying users at least 3 months in advance.

We reserve the right at any time to modify or discontinue the Service (or any part or content thereof) without notice at any time.

We shall not be liable to you or to any third-party for any modification, price change, suspension or discontinuance of the Service.

 

SECTION 5 – SERVICES

 

Certain Services may be available exclusively online through the website. These Services may have limited quantities and are subject to return or exchange only according to our Refund Policy.

We reserve the right, but are not obligated, to limit the sales of our Services to any person, geographic region or jurisdiction. We may exercise this right on a case-by-case basis. We reserve the right to limit the quantities of any Services that we offer. All descriptions of Services and Service pricing are subject to change at any time, at the sole discretion of us. In the event that we change service pricing we will notify all paying users at least 3 months in advance. We reserve the right to discontinue any Service at any time. Any offer for any Service made on this site is void where prohibited.

We do not warrant that the quality of any Services, information, or other material purchased or obtained by you will meet your expectations, or that any errors in the Service will be corrected.

 

SECTION 6 – ACCURACY OF BILLING AND ACCOUNT INFORMATION

 

We reserve the right to refuse any order you place with us. We may, in our sole discretion, limit or cancel quantities purchased per person, per household or per order. These restrictions may include orders placed by or under the same customer account, the same credit card, and/or orders that use the same billing and/or shipping address. In the event that we make a change to or cancel an order, we may attempt to notify you by contacting the e-mail and/or billing address/phone number provided at the time the order was made. We reserve the right to limit or prohibit orders that, in our sole judgment, appear to be placed by automated means or by otherwise malicious intent.

You agree to provide current, complete and accurate purchase and account information for all purchases made on our site. You agree to promptly update your account and other information, including your email address and credit card numbers and expiration dates, so that we can complete your transactions and contact you as needed.

 

SECTION 7 – OPTIONAL TOOLS

 

We may provide you with access to third-party tools over which we neither monitor nor have any control nor input.

You acknowledge and agree that we provide access to such tools ”as is” and “as available” without any warranties, representations or conditions of any kind and without any endorsement. We shall have no liability whatsoever arising from or relating to your use of optional third-party tools.

Any use by you of optional tools offered through the site is entirely at your own risk and discretion and you should ensure that you are familiar with and approve of the terms on which tools are provided by the relevant third-party provider(s).

We may also, in the future, offer new Services and/or features through the website (including, the release of new tools and resources). Such new features and/or Services shall also be subject to these Terms of Service.

 

SECTION 8 – THIRD-PARTY LINKS

 

Certain content and Services available via our Service may include materials from third-parties.

Third-party links on this site may direct you to third-party websites that are not affiliated with us. We are not responsible for examining or evaluating the content or accuracy and we do not warrant and will not have any liability or responsibility for any third-party materials or websites, or for any other materials, products, or Services of third-parties.

We are not liable for any harm or damages related to the purchase or use of goods, Services, resources, content, or any other transactions made in connection with any third-party websites. Please review carefully the third-party’s policies and practices and make sure you understand them before you engage in any transaction. Complaints, claims, concerns, or questions regarding third-party products should be directed to the third-party.

 

SECTION 9 – USER COMMENTS, FEEDBACK AND OTHER SUBMISSIONS

 

If, at our request, you send certain specific submissions (for example blog posts) or without a request from us you send creative ideas, suggestions, proposals, plans, or other materials, whether online, by email, by postal mail, or otherwise (collectively, ‘comments’), you agree that we may, at any time, without restriction, edit, copy, publish, distribute, translate and otherwise use in any medium any comments that you forward to us. We are and shall be under no obligation (1) to maintain any comments in confidence; (2) to pay compensation for any comments; or (3) to respond to any comments.

We may, but have no obligation to, monitor, edit or remove content that we determine in our sole discretion are unlawful, offensive, threatening, libelous, defamatory, pornographic, obscene or otherwise objectionable or violates any party’s intellectual property or these Terms of Service.

You agree that your comments will not violate any right of any third-party, including copyright, trademark, privacy, personality or other personal or proprietary right. You further agree that your comments will not contain libelous or otherwise unlawful, abusive or obscene material, or contain any computer virus or other malware that could in any way affect the operation of the Service or any related website. You may not use a false e-mail address, pretend to be someone other than yourself, or otherwise mislead us or third-parties as to the origin of any comments. You are solely responsible for any comments you make and their accuracy. We take no responsibility and assume no liability for any comments posted by you or any third-party.

 

SECTION 10 – PERSONAL INFORMATION

 

Your submission of personal information through the website is governed by our Privacy Policy.

-Emailing

Sacwellness.com includes a function that allows users to directly contact listing owners through an email contact form. Using this form to contact a listing owner, or contacting a listing owner through email should be done with caution.  Emailing is not a reliable means of confidential communication and it is possible for such messages to be intercepted by third parties and/or for users to receive viruses and/or other malware through email communication. SacWellness does not guarantee the security of communication through email or through the use of the contact form on the site.

 

SECTION 11 – ERRORS, INACCURACIES AND OMISSIONS

 

Occasionally there may be information on our site or in the Service that contains typographical errors, inaccuracies or omissions that may relate to Service descriptions, pricing, promotions, offers, and availability. We reserve the right to correct any errors, inaccuracies or omissions, and to change or update information or cancel orders if any information in the Service or on any related website is inaccurate at any time without prior notice (including after you have submitted your order).

We undertake no obligation to update, amend or clarify information in the Service or on any related website, including without limitation, pricing information, except as required by law. No specified update or refresh date applied in the Service or on any related website, should be taken to indicate that all information in the Service or on any related website has been modified or updated.

 

SECTION 12 – PROHIBITED USES

 

In addition to other prohibitions as set forth in the Terms of Service, you are prohibited from using the site or its content: (a) for any unlawful purpose; (b) to solicit others to perform or participate in any unlawful acts; (c) to violate any international, federal, provincial or state regulations, rules, laws, or local ordinances; (d) to infringe upon or violate our intellectual property rights or the intellectual property rights of others; (e) to harass, abuse, insult, harm, defame, slander, disparage, intimidate, or discriminate based on gender, sexual orientation, religion, ethnicity, race, age, national origin, or disability; (f) to submit false or misleading information; (g) to upload or transmit viruses or any other type of malicious code that will or may be used in any way that will affect the functionality or operation of the Service or of any related website, other websites, or the Internet; (h) to collect or track the personal information of others; (i) to spam, phish, pharm, pretext, spider, crawl, or scrape; (j) for any obscene or immoral purpose; or (k) to interfere with or circumvent the security features of the Service or any related website, other websites, or the Internet. We reserve the right to terminate your use of the Service or any related website for violating any of the prohibited uses.

 

SECTION 13 – DISCLAIMER OF WARRANTIES; LIMITATION OF LIABILITY

 

We do not guarantee, represent or warrant that your use of our Service will be uninterrupted, timely, secure or error-free.

We do not warrant that the results that may be obtained from the use of the Service will be accurate or reliable.

You agree that from time to time we may remove the Service for indefinite periods of time or cancel the Service at any time, without notice to you.

You expressly agree that your use of, or inability to use, the Service is at your sole risk. The Service and all Services delivered to you through the Service are (except as expressly stated by us) provided ‘as is’ and ‘as available’ for your use, without any representation, warranties or conditions of any kind, either express or implied, including all implied warranties or conditions of merchantability, merchantable quality, fitness for a particular purpose, durability, title, and non-infringement.

SacWellness assumes no responsibility for the actions, omissions, or content posted by our users. We do not take on the responsibility for screening content posted by our users. If you believe that material you own the copyright to is being used without proper permission, please see the page about our DMCA take down process.

In no case shall SacWellness, our directors, officers, employees, affiliates, agents, contractors, interns, suppliers, Service providers or licensors be liable for any injury, loss, claim, or any direct, indirect, incidental, punitive, special, or consequential damages of any kind, including, without limitation lost profits, lost revenue, lost savings, loss of data, replacement costs, or any similar damages, whether based in contract, tort (including negligence), strict liability or otherwise, arising from your use of any of the Service or any products procured using the Service, or for any other claim related in any way to your use of the Service or any product, including, but not limited to, any errors or omissions in any content, or any loss or damage of any kind incurred as a result of the use of the Service or any content (or product) posted, transmitted, or otherwise made available via the Service, even if advised of their possibility. Because some states or jurisdictions do not allow the exclusion or the limitation of liability for consequential or incidental damages, in such states or jurisdictions, our liability shall be limited to the maximum extent permitted by law.

 

SECTION 14 – INDEMNIFICATION

 

You agree to indemnify, defend and hold harmless SacWellness and our parent, subsidiaries, affiliates, partners, officers, directors, agents, contractors, licensors, Service providers, subcontractors, suppliers, interns 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 these Terms of Service or the documents they incorporate by reference, or your violation of any law or the rights of a third-party.

 

SECTION 15 – SEVERABILITY

 

In the event that any provision of these Terms of Service is determined to be unlawful, void or unenforceable, such provision shall nonetheless be enforceable to the fullest extent permitted by applicable law, and the unenforceable portion shall be deemed to be severed from these Terms of Service, such determination shall not affect the validity and enforceability of any other remaining provisions.

 

SECTION 16 – TERMINATION

 

The obligations and liabilities of the parties incurred prior to the termination date shall survive the termination of this agreement for all purposes.

These Terms of Service are effective unless and until terminated by either you or us. You may terminate these Terms of Service at any time by notifying us that you no longer wish to use our Services, or when you cease using our site.

If in our sole judgment you fail, or we suspect that you have failed, to comply with any term or provision of these Terms of Service, we also may terminate this agreement at any time without notice and you will remain liable for all amounts due up to and including the date of termination; and/or accordingly may deny you access to our Services (or any part thereof).

 

SECTION 17 – ENTIRE AGREEMENT

 

The failure of us to exercise or enforce any right or provision of these Terms of Service shall not constitute a waiver of such right or provision.

These Terms of Service and any policies or operating rules posted by us on this site or in respect to The Service constitutes the entire agreement and understanding between you and us and govern your use of the Service, superseding any prior or contemporaneous agreements, communications and proposals, whether oral or written, between you and us (including, but not limited to, any prior versions of the Terms of Service).

Any ambiguities in the interpretation of these Terms of Service shall not be construed against the drafting party.

 

SECTION 18 – GOVERNING LAW

 

Except to the extent applicable law, if any, provides otherwise, these Terms of Service and any separate agreements whereby we provide you Services shall be governed by and construed in accordance with the laws of the state of California, United States.

 

SECTION 19 – LISTING YOUR SERVICES ON SACWELLNESS.COM

 

Listing your Services on sacwellness.com requires a sacwellness.com account. You agree to provide us with complete and accurate information when you register for an account.

you are responsible for maintaining the security of your account and listing(s), and you are fully responsible for all activities that occur under the account and any other actions taken in connection with the listing(s). You must immediately notify SacWellness of any unauthorized uses of your account or any other breaches of security. SacWellness will not be liable for any acts or omissions by you, including any damages of any kind incurred as a result of such acts or omissions.

We make every effort to ensure the quality and appearance of listings on sacwellness.com. However, different computers and different browsers may render your listing(s) in different manners, resulting in disparate appearance(s) from that which you view on your own computer. We shall not be liable to you or to any third-party for any such disparities.

 

-Responsibility of Contributors.

If you share a blog post on sacwellness.com, post links on sacwellness.com, or otherwise make (or allow any third party to make) material available (any such material, “Content”), you are entirely responsible for the content of, and any harm resulting from, that Content or your conduct. That is the case regardless of what form the Content takes, which includes, but is not limited to text, photo, video, audio, or code. By using sacwellness.com, you represent and warrant that your Content and conduct do not violate these Terms. Materials that you post on SacWellness may not contain copyrighted material or trade secrets unless you own the copyright or have written permission from the copyright holder to use the content.

By writing content for inclusion in our blog, you grant SacWellness a world-wide, royalty-free, and non-exclusive license to reproduce, modify, adapt and publish the Content solely for the purpose of displaying, distributing, and promoting our blog and/or the post containing your content. Distributing of your content may include but is not limited to sharing on the social media accounts of SacWellness and inclusion in advertising campaigns. If you delete Content, SacWellness will use reasonable efforts to remove it from sacwellness.com, but you acknowledge that caching or references to the Content may not be made immediately unavailable. Without limiting any of those representations or warranties, SacWellness has the right (though not the obligation) to, in SacWellness’s sole discretion, (i) refuse or remove any content that, in SacWellness’s reasonable opinion, violates any SacWellness policy or is in any way harmful or objectionable, or (ii) terminate or deny access to and use of sacwellness.com to any individual or entity for any reason. SacWellness will have no obligation to provide a refund of any amounts previously paid.

Users who post blog content on the site are not employed by Sacwellness and are responsible for their content. Users who share content for blog posts on SacWellness or who write posts for SacWellness own the copyrights to their posts. We do not screen our users’ content for copyrighted material. When writing content for Sacwellness and/or sharing blog posts on the site, users agree to our terms of service which include stipulation that they may not post content that includes copyrighted material without permission from the copyright holder. As such, it is the responsibility of the user posting the content to ensure that it does not contain any copyrighted material. The opinions expressed by those sharing blog posts on the site or writing content for the site are their own and are not necessarily shared by or endorsed by Sacwellness.

-Payment and Renewal

  • General Terms. Optional paid Services such as listings are available for purchase. By selecting opting to purchase a listing you agree to pay us the monthly or annual subscription fees indicated for that Service. Payments will be charged on a pre-pay basis on the day you sign up for a listing and will cover the use of that Service for a monthly or annual subscription period as indicated. Monthly subscriptions are defined as periods of 30 days, while yearly subscriptions are defined as periods of 365 days. More details are available in our refund policy.
  • Automatic Renewal. Unless you notify us before the end of the applicable subscription period that you want to cancel a listing, your listing subscription will automatically renew and you authorize us to collect the then-applicable annual or monthly subscription fee for such listing(s) using any credit card or other payment mechanism we have on record for you. Listings can be canceled at any time in the user dashboard.

 

SECTION 20 – RESPONSIBILTY OF VISITORS

 

SacWellness does not review all of the material posted to our Services, and cannot therefore be responsible for that material’s content, use or effects. By operating our Services, SacWellness does not represent or imply that it endorses the material there posted, or that it believes such material to be accurate, useful, or non-harmful. You are responsible for taking precautions as necessary to protect yourself and your computer systems from viruses, worms, Trojan horses, and other harmful or destructive content. Our Services may contain content that is offensive, indecent, or otherwise objectionable, as well as content containing technical inaccuracies, typographical mistakes, and other errors. SacWellness disclaims any responsibility for any harm resulting from the use by visitors of our Services, or from any downloading by those visitors of content there posted.

 

CHANGES TO TERMS OF SERVICE

 

You can review the most current version of the Terms of Service at any time at this page.

We reserve the right, at our sole discretion, to update, change or replace any part of these Terms of Service by posting updates and changes to our website. It is your responsibility to check our website periodically for changes. Your continued use of or access to our website or the Service following the posting of any changes to these Terms of Service constitutes acceptance of those changes.

Section 23 – AMENDMENTS

September 28, 2018

Changed the wording from “prices are subject to change without notice” to “In the event that we change our prices we will notify all paying users at least 3 months in advance”

 

SECTION 22 – CONTACT INFORMATION

 

Questions about the Terms of Service should be sent to us at info@sacwellness.com.