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Terms & Conditions

My Therapist Kelsey, LLC provides counseling, coaching, and yoga services to help individuals achieve maximum well-being (together referred to as the “Services”).

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These Terms and Conditions (“Terms”) describe the specifications on which any registered user, Client, or browser (referred to as “you”, “your”, or a “Client”) may access, browse, and use the website, mytherapistkelsey.com (the “Website”). Any use of the Website, as well as all information, tools, materials, and Services available, is conditioned upon your acceptance of all of the policies and notices stated herein.

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Registration​

  • Upon enrolling in our Services, you will create an account (“Client Account”) using your name, address, email address, and payment information (together your “Personal Information”) through our portal and send you the access details.​

  • You shall be responsible for maintaining the secrecy and confidentiality of your password and for all activities that transpire on or with your Client Account. You are responsible for any act or omission of any individual that accesses your Client Account that would be deemed a violation of these Terms. You agree to notify My Therapist Kelsey, LLC immediately if you notice any unauthorized access or use of your Client Account or password, or any other breach of security. My Therapist Kelsey, LLC shall not be held liable for any losses and/or damages arising from any failure to comply with this clause. Clients may pause their accounts only on a case-by-case basis, at the sole discretion of My Therapist Kelsey, LLC. To pause your account, please contact My Therapist Kelsey, LLC directly via email.    

 

General Conditions of Use

  • Minors. By agreeing to these Terms, or by using any of the Services, you represent that you are at least the age of majority in your state or province of residence. Minors may use the Website under the supervision of their parents or legal guardians who agree to be bound by these Terms on their behalf. If you are a parent or legal guardian agreeing to these Terms on behalf of a minor, then you are fully responsible for their use of the Website, including all liabilities.

  • Communications. You consent to receiving communications from My Therapist Kelsey, LLC, including but not limited to, e-mails, text messages, and/or calls regarding updates to the Website, marketing, advertisements, and any other relevant information.

  • Right of Refusal. My Therapist Kelsey, LLC reserves the right to refuse Services and access to the Website to anyone, for any reason, at its own discretion. My Therapist Kelsey, LLC reserves the right, but does not have any obligation to pre-screen, refuse, and/or delete any content.

  • Representations and Warranties. You represent and warrant that you are using the Website and Services for your personal use only, and not for resale, export, re-use or any other similarly unauthorized use. You shall be responsible for maintaining the secrecy and confidentiality of your password and for all activities that transpire on or with your Client Account. You are responsible for any act or omission of any individual that accesses your Client Account that would be deemed a violation of these Terms. It shall be your responsibility to notify My Therapist Kelsey, LLC immediately if you notice any unauthorized access or use of your account or password, or any other breach of security. My Therapist Kelsey, LLC not be held liable for any losses and/or damages arising from any failure to comply with this clause.

 

Prices and Payments​

  • The price charged for the Services will be the price listed on this Website or otherwise in effect at the time of purchase and will be set out in your order confirmation, receipt, or other relevant correspondence. Clients may also be subject to additional charges, which may include but are not limited to: currency fees, exchange fees, VAT, and/or local taxes. All such fees shall be added to the Client’s total fee. My Therapist Kelsey, LLC accepts electronic payments through the EHR platform (collectively the “Payment Method”).

  • If you do not pay the amounts owed when due, or your payment method continuously fails, we may cancel your purchase and initiate collection procedures. You agree to pay the cost of collection for any overdue payments, including, without limitation to, reasonable attorney’s fees.

 

Cancellation, Refunds, and Disputes​

  • Generally, all payments rendered are non-refundable and non-cancellable. My Therapist Kelsey, LLC is not responsible for errors made by the Client during the purchasing process. We may allow refunds under limited circumstances. If you feel that the Services are not working for you, please contact us directly so that we can attempt to find a solution. Should My Therapist Kelsey, LLC, in its sole discretion, decide to refund or credit you on any amounts paid, that refund or credit shall constitute its entire, sole, and exclusive liability, and your sole and exclusive remedy, with respect to that order.

  • In order to process a refund, you must first contact My Therapist Kelsey, LLC. If you file a dispute through your electronic Payment Method before contacting My Therapist Kelsey, LLC, we reserve the right to dispute the refund and initiate collection procedures. Once a dispute is made through your electronic Payment Method, you no longer have the opportunity to request a refund. Under these circumstances, My Therapist Kelsey, LLC, reserves the right to share the disputing Client’s signed contract to verify the disputed purchase.

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Wireless and Location-Based Features; Social Media Plug-ins​

  • Data Sharing. By using this Website, you affirmatively consent that My Therapist Kelsey, LLC may use and share your video and image viewing data with third parties until consent is withdrawn. We may track your use for its research, analytics, or ad serving purposes.

  • Location-Based Features. When you use one of our location-enabled features, we may collect and process information about your actual location. If you have enabled GPS, geo-location or other location-based features on a device, you acknowledge that your device location may be tracked and may be shared with others consistent with the Privacy Policy. Your browser features should allow for you to disable the location-based features or manage preferences related to them.

  • Social Media Plug-Ins. Social media plug-ins of social networks such as Facebook, Twitter, Instagram, LinkedIn, and YouTube, (among others) may be integrated on the Website. If you choose to click on one of these links via the Website, your browser will connect directly to the servers of that social network. The social network directly transmits the content of the plugin to your browser. If you don’t want a social network to collect information or share it with us and other third parties, please review the privacy policy of the relevant social network and/or log out of the relevant social network before you use the Website. As with other websites, you may be able to delete any existing cookies placed on your computer by the social network via your browser.

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Termination​

  • You agree that My Therapist Kelsey, LLC may, without prior written notice, immediately suspend, terminate, discontinue or limit your access to the Website and Services at its sole discretion, for any reason, including but not limited to: (a) any breach or violation of these Terms or any other incorporated agreement, regulation or guideline; (b) by way of request from law enforcement or other governmental agencies; (c) the discontinuance, alteration, copying, or material modification to the Website and/or Services; (d) any engagement by you in fraudulent or illegal activities; (e) the selling, attempting to sell, or marketing of any Services as your own for financial gain; and/or (f) the non-payment of any associated fees that may be owed by you in connection with the Services.  

  • Furthermore, you herein agree that any and all terminations, suspensions, discontinuances, and or limitations of access for cause shall be made at our sole discretion and that we shall not be liable to you or any other third party with regards to the termination of your Client Account, associated e-mail address and/or access to the Website or Services.

  • You may not use the Website for any illegal or unauthorized purpose, nor may you violate any laws, rules, or regulations in your jurisdiction. You agree not to make use of the Website or Services for the purpose of any harmful or deceitful conduct, including, but not limited to: (a) causing harm to minors in any manner whatsoever; or (b) impersonating any individual or entity, or otherwise misrepresenting any affiliation with an individual or entity. A breach or violation of any of the Terms will result in an immediate termination as a Client.

 

Intellectual Property & Proprietary Rights​

  • My Therapist Kelsey, LLC owns, solely and exclusively, all right, title, and interest in and to all “Intellectual Property” which is defined as:

  • (a) the Website, including all content, software code, data, the design and organization of the Website, and the compilation of the content, code, data, and materials on the Website including any intellectual property and/or proprietary rights;

  • (b)  the Services, including all videos, materials, outlines, tools, techniques, and concepts uniquely created by My Therapist Kelsey, LLC; an

  • (c)  My Therapist Kelsey, LLC’s business model, including any program, Client base, methodology, pricing, and any other relevant information.

  • My Therapist Kelsey, LLC reserves all rights in and to the Intellectual Property not granted expressly in these Terms. You acknowledge and agree that you will not sell, distribute, transmit, broadcast, publicly perform and/or create any plagiaristic works which are based on My Therapist Kelsey, LLC’s Intellectual Property, in whole or in part.

  • For clarity, My Therapist Kelsey, LLC has granted you a personal, non-transferable, non-exclusive right and license to make use of its Intellectual Property as long as you do not, and shall not, allow any third party to duplicate, create or plagiarize work from, reverse engineer, or otherwise make an attempt to sublicense, sell, assign, grant a security interest in and/or otherwise transfer any such right in the Website or the Services.

 

Disclaimer of Warranties and Limitation of Liability​

  • YOU REPRESENT THAT YOU ARE USING OUR SERVICES AT YOUR OWN RISK. ALL SERVICES OFFERED ON THIS WEBSITE ARE PROVIDED “AS IS” WITHOUT ANY WARRANTY WHATSOEVER, INCLUDING, WITHOUT LIMITATION, ANY: (a) WARRANTY OF MERCHANTABILITY; (b) WARRANTY OF FITNESS FOR A PARTICULAR PURPOSE; OR (c) WARRANTY AGAINST INFRINGEMENT OF INTELLECTUAL PROPERTY RIGHTS OF A THIRD PARTY; WHETHER EXPRESS OR IMPLIED BY LAW, COURSE OF DEALING, COURSE OF PERFORMANCE, USAGE OF TRADE, OR OTHERWISE.

 

Limitation of Liability​

  • IN NO EVENT SHALL [My Therapist Kelsey, LLC] BE LIABLE TO YOU OR ANY THIRD PARTY FOR ANY CONSEQUENTIAL, INCIDENTAL, INDIRECT, EXEMPLARY, SPECIAL OR PUNITIVE DAMAGES WHETHER ARISING OUT OF BREACH OF CONTRACT, TORT (INCLUDING NEGLIGENCE), MISREPRESENTATION, RESTITUTION OR OTHERWISE, REGARDLESS OF WHETHER SUCH DAMAGES WERE FORESEEABLE AND WHETHER [My Therapist Kelsey, LLC] HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES, AND NOTWITHSTANDING THE FAILURE OF ANY AGREED OR OTHER REMEDY OF ITS ESSENTIAL PURPOSE.

  • OUR SOLE AND ENTIRE MAXIMUM LIABILITY, FOR ANY REASON, AND YOUR SOLE AND EXCLUSIVE REMEDY FOR ANY CAUSE WHATSOEVER, SHALL BE LIMITED TO THE ACTUAL AMOUNT YOU PAID FOR THE SERVICES.

  • The limitation of liability set forth above shall: (a) only apply to the extent permitted by law; and (b) not apply to: (i) liability resulting from our gross negligence or willful misconduct, or (ii) death or bodily injury resulting from our acts or omissions.

 

Health and Well-Being​

  • You are responsible for your own health and well-being at all times while receiving the Services. If you have any questions with regard to your ability to participate in any of the Services, you are solely responsible for consulting a medical doctor or health care professional prior to enrolling in and receiving the Services.

  • Coaching is neither health care nor rehabilitation, nor is coaching anything medical in nature. If you have any health or well-being concerns, My Therapist Kelsey, LLC recommends that you consult a medical healthcare professional. Due to the nature of coaching, we cannot guarantee any specific results or that all Clients will achieve the same results. 

 

Confidentiality​

  • Any Personal Information you provide will be kept in the strictest confidentiality. Please note that the law does not protect the confidential communications between My Therapist Kelsey, LLC and Client as privileged, as My Therapist Kelsey, LLC is not a healthcare or legal professional. My Therapist Kelsey, LLC will only suspend this confidentiality in the following cases: (a) your report of imminent suicidal or homicidal ideation; (b) your report of abuse or neglect of a child, dependent, or older adult; (c) your report anything that causes concern for health and safety of yourself or others; or (d) where it is reported by law to do so.

 

Non-Disparagement​

  • You agree not to make or communicate to any person or entity, in any media or public forum, including any social media network, any comments or statements (written or oral) that intentionally or unintentionally, or is reasonably certain to, disparage, create a negative impression of, or is detrimental to the reputation of My Therapist Kelsey, LLC or the Services.

 

Arbitration​

  • If a controversy or claim should arise, the parties will first attempt in good faith to resolve such controversy or claim by negotiation. If the matter has not been resolved within thirty (30) days by negotiation, the parties will attempt in good faith to resolve the controversy or claim in accordance with mediation, with mutually agreeable rules. If the matter has not been resolved by mediation within sixty (60) days of the commencement of mediation, or if either party will not participate in mediation, then the controversy shall be settled by binding arbitration administered by the American Arbitration Association in accordance with the provisions of its Commercial Arbitration Rules and supplementary procedures for consumer related disputes of the American Arbitration Association (the “AAA”), excluding rules or procedures governing or permitting class actions. The written decision of the arbitrator shall be binding and conclusive on the parties. The parties agree that there shall be no pre-arbitration discovery and the arbitrator shall not award punitive damages to either of the parties. Judgment may be entered in any court having jurisdiction.

 

Notices

  • My Therapist Kelsey, LLC may provide any notice to you under these Terms by: (a) sending a message to the e-mail address you provided; or (b) by posting directly to this Website. Notices sent by e-mail will be effective on the date the e-mail is sent, and notices that are posted on the Website will be effective upon posting. It is your responsibility to keep your e-mail address current and review any new notices on this Website. To provide My Therapist Kelsey, LLC notice under these Terms, you must contact us by e-mail, personal delivery, overnight courier, or by certified mail. Notice provided by e-mail shall be effective upon being sent. Notice provided by personal delivery shall be effective immediately. Notice provided by overnight courier shall be effective one business day after it is sent. Notice provided by certified mail shall be effective three business days after it is sent.

 

Miscellaneous​

  • Third Party Content. This Website may contain links and references to other third party service providers (“Third Party Content”). This Third Party Content is provided as additional information. My Therapist Kelsey, LLC not responsible for any Third Party Content or the actions of those that provide such content. Any information regarding a Third Party found on the Website does not imply that My Therapist Kelsey, LLC endorses or accepts any responsibility or liability for the Third Party.

  • Indemnification. By using this Website or purchasing the Services, you agree to indemnify, defend, and hold harmless My Therapist Kelsey, LLC (and its parent, subsidiary, associated and affiliated companies, including each of their respective officers, directors, agents and employees) from and against all damages, costs, reasonable attorney’s fees and expenses based upon, arising out of or in connection with: (a) any breach or alleged breach of any representation or warranty by My Therapist Kelsey, LLC; (b) any unauthorized use of your information; or (c) any other actual or alleged unauthorized action by My Therapist Kelsey, LLC, including without limitation, a breach of any term of this Agreement. The obligation for indemnification shall survive termination of the Agreement.

  • Privacy Policy. My Therapist Kelsey, LLC respects your privacy and is committed to protecting it. To learn more please visit our Privacy Policy available on this Website, which governs the processing of all personal data collected from you in connection with your use of this Website.

  • Governing Law and Jurisdiction. This Website is operated from the United States of America. All matters arising out of or relating to these Terms are governed by and construed in accordance with the internal laws of the State of Pennsylvania without giving effect to any choice or conflict of law provision or rule. The governing jurisdiction for any dispute shall be the State of Pennsylvania.

  • Force Majeure. My Therapist Kelsey, LLC will not be liable or responsible to you, nor be deemed to have defaulted or breached these Terms, for any failure or delay in our performance under these Terms when and to the extent such failure or delay is caused by or results from acts or circumstances beyond our reasonable control.

  • Entire Agreement. These Terms and our Website’s Privacy Policy will be deemed the final and integrated agreement between you and My Therapist Kelsey, LLC on the matters contained herein. You acknowledge and agree that these Terms are binding and shall govern the relationship between My Therapist Kelsey, LLC and you, in connection to the use of this Website and the Services provided.

  • Statute of Limitations. You agree that regardless of any statute or law to the contrary, any claim or cause of action against My Therapist Kelsey, LLC arising out of or related to the use of the Website, Services, or the Terms must be filed within one (1) year after such claim or cause of action arose or be forever barred.

  • If you have any questions, please feel free to contact My Therapist Kelsey, LLC directly through this Website.

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