Terms and Conditions And Privacy Policy
TERMS AND CONDITIONS OF USE
This website (the “site”) is owned and operated by Annette Childs, Ltd. (“Annette Childs, Ltd.,” “we,” “our,” or “us”), d/b/a “rxforthesoul.com.” Please read these Terms and Conditions of Use (“Terms of Use”) carefully before using this site. By using this site, you agree to be bound by these Terms of Use, our Privacy Policy, which is incorporated herein by reference, and any additional terms and conditions that may apply to specific sections of the site or to the products and services available through the site. THE ADDITIONAL TERMS CONTAIN A BINDING ARBITRATION CLAUSE. IF YOU LIVE IN THE UNITED STATES, THESE AFFECT YOUR
RIGHTS TO RESOLVE A DISPUTE WITH ANNETTE CHILDS, LTD.. Accessing this site, in any manner, whether automated or otherwise, constitutes use of the site and your agreement to be bound by these Terms of Use.
All references to "you" or "your," as applicable, mean the person who accesses, or in any manner uses the rxforthesoul.com website, and each of your heirs, assigns, and successors. If you use the rxforthesoul.com website on behalf of an entity, you represent and warrant that you have the authority to bind that entity, your acceptance of the Terms of Use will be deemed an acceptance by that entity, and "you" and "your" herein shall refer to that entity.
We reserve the right to change these Terms of Use or to impose new conditions on the use of the site, from time to time, in which case we will post the revised Terms of Use on this website. By continuing to use the site after we post any such changes, you accept the Terms of Use, as modified.
MEDICAL DISCLAIMER.
THIS SITE OFFERS HEALTH, GRIEF AND GENERAL WELLNESS INFORMATION AND IS DESIGNED FOR EDUCATIONAL AND INFORMATIONAL PURPOSES ONLY. YOU SHOULD NOT RELY ON THIS INFORMATION AS A SUBSTITUE FOR, NOR DOES IT REPLACE, PROFESSIONAL THERAPEUTIC, PSYCHOLOGICAL, PSYCHIATRIC OR MEDICAL ADVICE, DIAGNOSIS, OR TREATMENT. IF YOU HAVE ANY CONCERNS OR QUESTIONS ABOUT YOUR HEALTH, YOU SHOULD ALWAYS CONSULT WITH A PROFESSIONAL LICENSED THERAPIST, PHYSICIAN, OR OTHER HEALTH-CARE PROFESSIONAL. DO NOT DISREGARD, AVOID OR DELAY OBTAINING THERAPEUTIC OR MEDICAL RELATED ADVICE FROM YOUR HEALTH-CARE PROFESSIONAL BECAUSE OF SOMETHING YOU MAY HAVE READ ON THIS SITE. THE USE OF ANY INFORMATION PROVIDED ON THIS SITE IS SOLELY AT YOUR OWN RISK.
NOTHING STATED, POSTED, OR CONTAINED WITHIN THIS SITE, BLOG, PRODUCT OR SERVICE IS INTENDED TO BE, AND MUST NOT BE TAKEN TO BE, THE PRACTICE OF THERAPY OR MEDICINE. FOR PURPOSES OF THIS AGREEMENT, THE PRACTICE OF THERAPY AND MEDICINE INCLUDES WITHOUT LIMITATION, PSYCHIATRY, PSYCHOLOGY, PSYCHOTHERAPY, OR PROVIDING HEALTH CARE TREATMENT, INSTRUCTIONS, DIAGNOSIS, PROGNOSIS OR ADVICE.
THE USE OF THIS SITE DOES NOT IMPLY NOR ESTABLISH ANY TYPE OF DOCTOR/PATIENT RELATIONSHIP. THIS SITE IS NOT RESPONSIBLE FOR ANY MISREPRESENTATION OF THE INFORMATION PROVIDED WITHIN THIS WEBSITE OR ANY CONSEQUENCES RESULTING FROM THE USE OF THIS WEBSITE.
IF YOU THINK YOU HAVE A MEDICAL EMERGENCY, CALL YOUR DOCTOR OR 911 IMMEDIATELY.
Furthermore, Annette Childs, Ltd. does not recommend or endorse any specific therapists, psychologists, psychiatrists, physicians, products, procedures, opinions, or other information that may be mentioned on the site. Reliance on any information provided by Annette Childs, Ltd., Annette Childs, Ltd. employees, others appearing on the site at the invitation of Annette Childs, Ltd., or other visitors to the site is solely at your own risk. Never disregard professional therapeutic, psychological, or medical advice or delay in seeking it because of something you have read on this site.
This website includes links to other websites for informational and reference purposes only. This website does not endorse, warrant or guarantee the products, services or information described or offered at these other websites. Examine the content carefully.
DR. ANNETTE CHILDS’ SOCIAL MEDIA POLICY FOR THIS WEBSITE.
This website is for educational and informational purposes only and as such is open and accessible to the public. Dr. Childs, through this site, publishes a blog, publishes or posts articles, content, media, and provides interactive features and programs. As a licensed psychotherapist, a client’s privacy and confidentiality are of paramount concern to Dr. Childs. She is committed professionally, ethically, and personally to maintaining her clients’ confidentiality.
Former and Existing Clients. If you are a former or current client of Dr. Childs, you are welcome to view, read, and share the content on this website. There is certainly no expectation that you do so. Prior to using this website, it is advisable to speak with Dr. Childs beforehand to not only protect doctor-patient confidentiality but the boundaries of your therapeutic relationship. If you choose to follow Dr. Childs on this site, be advised that doing so with an easily recognizable name could compromise your confidentiality. There are more anonymous and private methods to use this site without jeopardizing your confidentiality. It is your discretion how you use and participate on this website. Please note that Dr. Childs does not follow any of her former or existing clients on blogs, twitter, message boards or forums, or on any social media. This is to protect client confidentiality and your therapeutic relationship.
Interaction with Clients Through this Website or Social Media. Dr. Childs does not accept friend or contact requests from former or current clients on any social media including this site as it may compromise your confidentiality and privacy. Please do not contact Dr. Childs via email, bulletin or message boards, web logs, chat rooms, or through other means provided by this site about your therapy as these means are not secure and confidential. Furthermore, Dr. Childs does not always review nor see these messages and media. DR. CHILDS IS PROFESSIONALLY AND ETHICALL PROHIBITED FROM COMMUNICATING WITH A CLIENT ABOUT THEIR THERAPY BY MEANS OTHER THAN IN-PERSON, THERAPEUTIC SESSIONS. ALL
COMMUNICATIONS REGARDING YOUR THERAPY SHOULD AND MUST BE RESERVED FOR THERAPY SESSIONS. NONE OF THE INFORMATION CONTAINED ON THIS SITE, WHETHER CONTAINED ON A MESSAGE BOARD, BLOG, WEB LOG, CHAT ROOM OR IN ANY OTHER FORM, SHOULD BE MISCONSTRUED AS A REFERENCE TO OR THERAPEUTIC ADVICE TO ANY FORMER OR CURRENT CLIENT. IF YOU HAVE ANY QUESTIONS ABOUT THESE POLICIES, PLEASE RAISE THEM WHEN YOU MEET WITH DR. CHILDS. IF YOU NEED TO CONTACT DR. CHILDS BETWEEN SESSIONS THEN CONTACT HER BY TELEPHONE.
If you have any questions or concerns about any of these policies and procedures or regarding potential interactions on this site, please bring them to Dr. Childs’ attention during your therapy session.
LIMITED LICENSE TO USE MATERIALS.
This site and all materials available on this site are the property of Dr. Annette Childs, Ph.D., Annette Childs, Ltd., and/or our affiliates or licensors, and are protected by the copyright, trademark, and other intellectual property laws in the United States. This site is provided solely for your personal non- commercial use. You may not use this site or materials available on the site in a manner that constitutes an infringement of our rights or that has not been authorized by us. More specifically, unless explicitly authorized in these Terms of Use or by the owner of the materials, you may not modify, copy, reproduce, republish, upload, post, transmit, translate, sell, create derivative works, exploit, or distribute in any manner or medium (including by email or other electronic means) any material from the site. However, we authorize you to view the material on this site and from time to time to download a single copy of the material on this site solely for your personal, non- commercial use provided that you include all the copyright and other proprietary notices contained in the materials, for example: "©2017, Annette Childs, Ltd. All rights reserved.” Any special rules for the use of certain products and other items accessible on the rxforthesoul.com. site may be included elsewhere within the site and are incorporated into these Terms of Use by reference.
Title to the materials remains with Dr. Annette Childs, Annette Childs, Ltd. or its licensors. Any use of the materials not expressly permitted by these Terms of Use is a breach of these Terms of Use and may violate copyright, trademark, and other laws. Content and features are subject to change or termination without notice in the editorial discretion of Dr. Annette Childs, and Annette Childs, Ltd.. All rights not expressly granted herein are reserved to Dr. Annette Childs, Annette Childs, Ltd., and its licensors.
If you violate any of these Terms of Use, your permission to use the materials automatically terminates and you must immediately destroy any copies you have made of any portion of the materials.
USER CONTENT AND SUBMISSIONS.
By posting or submitting any material (including, without limitation, comments, blog entries, Facebook postings, photos and videos) to us via the site, internet groups, social media venues, or to any of our staff via email, text or otherwise, you are representing: (i) that you are the owner of
the material, or are making your posting or submission with the express consent of the owner of the material; and (ii) that you are eighteen years of age or older. In addition, when you submit, email, text or deliver or post any material, you are granting us, and anyone authorized by us, a royalty-free, perpetual, irrevocable, non-exclusive, unrestricted, worldwide license to use, copy, modify, transmit, sell, exploit, create derivative works from, distribute, and/or publicly perform or display such material, in whole or in part, in any manner or medium, now known or hereafter developed, for any purpose. The foregoing grant shall include the right to exploit any proprietary rights in such posting or submission, including, but not limited to, rights under copyright, trademark, service mark or patent laws under any relevant jurisdiction. Also, in connection with the exercise of such rights, you grant us, and anyone authorized by us, the right to identify you as the author of any of your postings or submissions by name, email address or screen name, as we deem appropriate.
In you use a public area such as bulletin or message boards, blogs, web logs, chat rooms, and user reviews, you are solely responsible for your own communications, the consequences of posting those communications, and your reliance on any communications found in the public areas.
INTERACTIVE FEATURES.
This site may include a variety of features, such as bulletin or message boards, web logs, chat rooms, and email services, which allow feedback to us and real-time interaction between users, and other features which allow users to communicate with others. Responsibility for what is posted on bulletin boards, web logs, chat rooms, and other public posting areas on the site, or sent via any email services on the site, lies with each user – you alone are responsible for the material you post or send. We do not control the messages, information or files that you or others may provide through the site. It is a condition of your use of the site that you do not:
Restrict or inhibit any other user from using and enjoying the site.
Use the site to impersonate any person or entity, or falsely state or otherwise misrepresent your affiliation with a person or entity.
Interfere with or disrupt any servers or networks used to provide the site or its features, or disobey any requirements, procedures, policies or regulations of the networks we use to provide the site.
Use the site to instigate or encourage others to commit illegal activities or cause injury or property damage to any person.
Gain unauthorized access to the site, or any account, computer system, or network connected to this site, by means such as hacking, password mining or other illicit means.
Obtain or attempt to obtain any materials or information through any means not intentionally made available through this site.
Use the site to post or transmit any unlawful, threatening, abusive, libelous, defamatory, obscene, vulgar, pornographic, profane or indecent information of any kind, including without limitation any transmissions constituting or encouraging
conduct that would constitute a criminal offense, give rise to civil liability or otherwise violate any local, state, national or international law.
Use the site to post or transmit any information, software or other material that violates or infringes upon the rights of others, including material that is an invasion of privacy or publicity rights or that is protected by copyright, trademark or other proprietary right, or derivative works with respect thereto, without first obtaining permission from the owner or rights holder.
Use the site to post or transmit any information, software or other material that contains a virus or other harmful component.
Use the site to post, transmit or in any way exploit any information, software or other material for commercial purposes, or that contains advertising.
Use the site to advertise or solicit to anyone to buy or sell products or services, or to make donations of any kind, without our express written approval.
Gather for marketing purposes any email addresses or other personal information that has been posted by other users of the site.
Annette Childs, Ltd. or its licensors have no liability or responsibility to users of the rxforthesoul.com site or any other person or entity for performance or non-performance of the aforementioned activities.
Annette Childs, Ltd. may host message boards, chats and other public forums on its sites. Any user failing to comply with the terms and conditions of this Agreement may be expelled from and refused continued access to, the message boards, chats or other public forums in the future. Annette Childs, Ltd. or its designated agents may remove or alter any user-created content at any time for any reason. Message boards, chats and other public forums are intended to serve as discussion centers for users and subscribers. Information and content posted within these public forums may be provided by Annette Childs, Ltd. staff, Annette Childs, Ltd.’s outside contributors, or by users not connected with Annette Childs, Ltd., some of whom may employ anonymous user names. Annette Childs, Ltd. expressly disclaims all responsibility and endorsement and makes no representation as to the validity of any opinion, advice, information or statement made or displayed in these forums by third parties, nor are we responsible for any errors or omissions in such postings, or for hyperlinks embedded in any messages. Under no circumstances will we, our affiliates, suppliers or agents be liable for any loss or damage caused by your reliance on information obtained through these forums. The opinions expressed in these forums are solely the opinions of the participants, and do not reflect the opinions of Annette Childs, Ltd. or any of its subsidiaries or affiliates.
Annette Childs, Ltd. has no obligation whatsoever to monitor any of the content or postings on the message boards, chat rooms or other public forums on the site. However, you acknowledge and agree that we have the absolute right to monitor the same at our sole discretion. In addition, we reserve the right to alter, edit, refuse to post or remove any postings or content, in whole or in part, for any reason and to disclose such materials and the circumstances surrounding their transmission to any third party in order to satisfy any applicable law, regulation, legal process or governmental request and to protect ourselves, our clients, sponsors, users and visitors.
USER PROFILE AND REGISTRATION INFORMATION.
Access to Additional Content and Features. To use certain features of this site, you will be required to register or provide information to participate in certain features or access content. You must be eighteen years of age or older to create a User Profile. As a registered user of the site you may set up a personal, User Profile on the site for the purpose of enhancing your ability to access information, content, participate in programs and interactive forums with other registered users, blogs, and purchase products offered by rxforthesoul.com. You may enter personal information and preferences in your profile in order to enhance your website experience. The information in your personal User Profile is for the exclusive use of rxforthesould.com administrators and staff and may not be viewed by other site users.
Optional User Registration. The decision to register and create a User Profile is purely optional; however, if you elect not to provide such information, you may not be able to access certain content, features, or participate in various programs, and areas of the website. When you register with this site and provide information to create your User Profile, you agree to provide only true, accurate, current and complete information on any registration pages. Using a name other than your own legal name is prohibited. You agree Annette Childs, Ltd. may use the information you provide to us according to these Terms of Use and the Privacy Policy set forth on this site.
Safeguarding Your Information. As a registered user of the site, you are responsible for maintaining the confidentiality of your User Name, User Password, profile information, and restricting access to your computer, and you agree to accept responsibility for all activities that occur under your User Profile. You may not use a false email address, impersonate any person or entity, or otherwise mislead as to the origin of any information or content provided by you in your User Profile. Furthermore, you agree not to sell, transfer or assign your User Profile or any rights associated as a registered user of this site. You may use your User Profile solely for the purposes for which they were intended.
Updating Your Personal Information. You are required to keep the information of your User Profile accurate and up to date. Continued use of your User Profile with inaccurate information may be regarded by us as a breach of these Terms of Use and may result in the termination of your User Profile. You agree that we may require you to provide additional information at any time in order to participate in programs or interactive forums.
Right of Cancellation. Annette Childs, Ltd. has the right to cancel a user’s User Profile at any time without detailing a reason. A user may cancel their User Profile at any time without detailing a reason by sending a Notice of Cancellation to us. To contact Annette Childs, Ltd., please see our Contact Us page.
THIRD-PARTY INFORMATION.
This site may feature materials, information, products, and services provided by third parties. Any such information, including but not limited to articles, press clippings, opinions, advice, statements, services, offers or other information made available by third parties such as content providers and other users of this site are those of the respective third party and not of Annette Childs, Ltd. or its affiliates. Annette Childs, Ltd. makes no representation with respect to, nor does it guarantee or
endorse, the quality, non-infringement, accuracy, completeness, timeliness, or reliability of such third-party materials, information, services or products.
LINKS TO THIRD-PARTY WEBSITES.
The site may provide links to other sites on the Internet for your convenience. These other sites are maintained by third parties over which Annette Childs, Ltd. exercises no control. The appearance of any such third-party links is not intended to endorse any particular company or product. If you decide to access any of the third-party sites linked to the rxforthesoul.com site, you do so entirely at your own risk. Annette Childs, Ltd. shall not be responsible for any loss or damage of any kind incurred as a result of the presence of such advertisements on the rxforthesoul.com website. Further, Annette Childs, Ltd. shall not be responsible or liable for the statements or conduct of any third party advertisers appearing on the rxforthesoul.com site. You shall be solely responsible for any correspondence or transactions you have with any third party advertisers.
BINDING ARBITRATION.
Application. This section applies to any dispute except it does not include a dispute relating to the enforcement or validity of Annette Childs, Ltd.’s or either of our Licensors’ intellectual property rights. Dispute means any dispute, action, or other controversy between you and Annette Childs, Ltd. concerning the information, products and services offered (including their price) on or through the site, or this agreement, whether in contract, warranty, tort, statute, regulation, ordinance, or any other legal or equitable basis. “Dispute” will be given the broadest possible meaning allowable under law.
Notice of Dispute. In the event of a dispute, you or Annette Childs, Ltd. must give the other a Notice of Dispute, which is a written statement of the name, address and contact information of the party giving it, the facts giving rise to the dispute, and the relief requested. You must send any Notice of Dispute by U.S. Mail to Annette Childs, Ltd., ATTN: Bonnie Drinkwater, Esq., 5421 Kietzke Lane, Reno, NV 89509. Annette Childs, Ltd. will send any Notice of Dispute to you by U.S. Mail to your address if we have it, or otherwise to your email address. You and Annette Childs, Ltd. will attempt to resolve any dispute through informal negotiation within 60 days from the date the Notice of Dispute is sent. After 60 days, you or Annette Childs, Ltd. may commence arbitration.
BINDING ARBITRATION. IF YOU AND ANNETTE CHILDS, LTD. DO NOT RESOLVE ANY DISPUTE BY INFORMAL NEGOTIATION OR ANY OTHER EFFORT TO RESOLVE THE DISPUTE WILL BE CONDUCTED EXCLUSIVELY BY BINDING ARBITRATION. YOU ARE GIVING UP THE RIGHT TO LITIGATE (OR PARTICIPATE IN AS A PARTY OR CLASS MEMBER) ALL DISPUTES IN COURT BEFORE A JUDGE OR JURY. Instead, all
disputes will be resolved before a neutral arbitrator, whose decision will be final except for a limited right of appeal under the Federal Arbitration Act. Any court with jurisdiction over the parties may enforce the arbitrator’s award.
Arbitration Procedure, Costs, Fees and Incentives. Any arbitration will be conducted by the American Arbitration Association (the “AAA”) under its Commercial Arbitration Rules and in many cases its Supplementary Procedures for Consumer-Related Disputes. For more information, see adr.org or call 1-800-778-7879. You agree to commence arbitration only in the County of Washoe, Nevada. Annette Childs, Ltd. agrees to commence arbitration only in the County of Washoe, Nevada.
Claims or Disputes Must be Filed Within One Year. To the extent permitted by law, any claim or dispute under this agreement to which this Section applies must be filed within one year in arbitration. The one-year period begins when the claim or dispute first could be filed. If such a claim or dispute is not filed within one year, it is permanently barred.
Exception: Litigation of Intellectual Property. Notwithstanding the parties' decision to resolve all disputes through arbitration, either party may bring enforcement actions, validity determinations or claims arising from or relating to theft, piracy or unauthorized use of intellectual property in state or federal court or in the U.S. Patent and Trademark Office to protect its intellectual property rights ("intellectual property rights" means patents, copyrights, moral rights, trademarks, and trade secrets, but not privacy or publicity rights)
Severability. If any part of this Section 9 is found to be illegal or unenforceable as to all or some parts of a dispute, then Section 9 (arbitration) will not apply to those parts. Instead, those parts will be severed and proceed in a court of law, with the remaining parts proceeding in arbitration. If any other provision of Section 9 is found to be illegal or unenforceable, that provision will be severed with the remainder of Section 9 remaining in full force and effect.
WARRANTY AND DISCLAIMERS.
Annette Childs, Ltd. cannot guarantee that the site or its content is error free and Annette Childs, Ltd. makes no representations about the accuracy or functionality of the site or that the Content is accurate, error free or up to date.
We may provide links and references to other websites maintained by third parties. Our linking to such third-party sites does not imply an endorsement or sponsorship of such sites, or the information, products or services offered on or through the sites. In addition, neither we nor affiliates operate or control in any respect any information, products or services that third parties may provide on or through the site or on websites linked to by us on the site.
If applicable, any opinions, advice, statements, services, offers, or other information or content expressed or made available by third parties, including information providers, are those of the respective authors or distributors, and not Annette Childs, Ltd.. Neither Annette Childs, Ltd. nor any third-party provider of information guarantees the accuracy, completeness, or usefulness of any content. Furthermore, Annette Childs, Ltd. neither endorses nor is responsible for the accuracy and reliability of any opinion, advice, or statement made on any of the sites by anyone other than an authorized Annette Childs, Ltd. representative while acting in his/her official capacity.
THIS SITE IS PROVIDED BY ANNETTE CHILDS, LTD. ON AN “AS IS” AND “AS AVAILABLE” BASIS. ANNETTE CHILDS, LTD. MAKES NO REPRESENTATIONS OR WARRANTIES OF ANY KIND, EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, THE IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE, OR NON-INFRINGEMENT OF THIRD-PARTY RIGHTS OR INTELLECTUAL PROPERTY. YOU EXPRESSLY AGREE THAT YOUR USE OF THIS SITE IS AT YOUR SOLE RISK. ANNETTE CHILDS, LTD. DOES NOT WARRANT THAT THE INFORMATION IN THIS SITE IS ACCURATE, RELIABLE, UP TO DATE OR CORRECT, THAT THIS SITE WILL BE AVAILABLE AT ANY PARTICULAR TIME OR LOCATION OR THAT THE SITE IS FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS. THE CONTENT MAY INCLUDE
THERAPUETIC, PSYCHOLOGICAL, OR MEDICAL INACCURACIES OR ERRORS, AND ANNETTE CHILDS, LTD. MAY MAKE CHANGES, UPDATES, OR IMPROVEMENTS TO THIS SITE AT ANY TIME. YOU, AND NOT ANNETTE CHILDS, LTD., ASSUME THE ENTIRE COSTS AND EXPENSES OF ANY AND ALL INJURIES, LOSSES, CLAIMS, AND DAMAGES ARISING FROM THE USE OF THIS SITE OR ITS CONTENT. ANNETTE CHILDS, LTD. MAKES NO WARRANTIES THAT YOUR USE OF THE CONTENT WILL NOT INFRINGE THE RIGHTS OF OTHERS AND ASSUMES NO LIABILITY OR RESPONSIBILITY FOR ERRORS OR OMISSIONS IN SUCH CONTENT.
INDEMNIFICATION.
To the fullest extent permitted by applicable law, you agree to indemnify and hold Annette Childs, Ltd., its officers, directors, employees, agents, licensors, vendors, and suppliers harmless from and against any claims, actions, demands, damages, losses, and expenses of any kind including without limitation reasonable legal and accounting fees and costs resulting from, or alleged to result from your violation of these Terms of Use or Privacy Policy; any User Content; any activity in which you engage on or through the use of this site; and your violation of any law or the rights of a third party. "User Content" means all content submitted, posted, uploaded, published, or transmitted on or through the site by any user of the site, including but not limited to postings, reviews, descriptions, information, photographs, profile information, web logs, and blogs made through this site.
GOVERNING LAW.
THIS AGREEMENT WILL BE GOVERNED BY AND CONSTRUED AND INTERPRETED IN ACCORDANCE WITH THE SUBSTANTIVE LAWS OF THE STATE OF NEVADA, WITHOUT GIVING EFFECT TO ANY CONFLICTS OF LAW RULE OR PRINCIPLE THAT MIGHT RESULT IN THE APPLICATION OF THE LAWS OF ANOTHER JURISDICTION.
EACH OF THE PARTIES HERETO HEREBY IRREVOCABLY AND UNCONDITIONALLY CONSENTS TO SUBMIT TO THE EXCLUSIVE JURISDICTION OF THE COURTS OF THE STATE OF NEVADA AND OF THE UNITED STATES OF AMERICA LOCATED IN THE STATE OF NEVADA, FOR ANY LITIGATION, CLAIM OR DISPUTE UNDER THIS AGREEMENT AND THE TRANSACTIONS CONTEMPLATED HEREBY (AND AGREES NOT TO COMMENCE ANY LITIGATION, CLAIM OR DISPUTE RELATING HERETO EXCEPT IN SUCH COURTS); PROVIDED, THAT THIS SECTION 12 SHALL NOT PRECLUDE ANY PARTY TO THIS AGREEMENT FROM COMMENCING LITIGATION, CLAIM OR DISPUTE IN ANOTHER JURISDICTION TO SECURE ENFORCEMENT OF ANY JUDGMENT OR AWARD OBTAINED IN ACCORDANCE WITH THE TERMS OF THIS AGREEMENT, INCLUDING AN AWARD OF SPECIFIC PERFORMANCE. EACH OF THE PARTIES HERETO HEREBY IRREVOCABLY AND UNCONDITIONALLY WAIVES ANY OBJECTION TO THE LAYING OF VENUE OF ANY LITIGATION, CLAIM OR DISPUTE ARISING OUT OF THIS AGREEMENT OR THE TRANSACTIONS CONTEMPLATED HEREBY IN THE COURTS OF THE STATE OF NEVADA OR THE UNITED STATES OF AMERICA LOCATED IN NEVADA, HEREBY FURTHER IRREVOCABLY AND UNCONDITIONALLY WAIVES AND AGREES NOT TO PLEAD OR
CLAIM IN ANY SUCH COURT THAT ANY SUCH LITIGATION BROUGHT IN ANY SUCH COURT HAS BEEN BROUGHT IN AN INCONVENIENT FORUM.
ATTORNEYS’ FEES AND COSTS. If attorneys' fees or other costs are incurred to secure performance of any obligations hereunder, or to establish damages for the breach thereof or to obtain any other appropriate relief, whether by way of prosecution or defense, the Prevailing Party (as defined below) will be entitled to recover reasonable attorneys' fees and costs incurred in connection therewith. A party will be considered the "Prevailing Party" if: (a) it initiated the litigation and substantially obtained the relief it sought, either through a judgment or the losing party's voluntary action before trial or judgment; (b) the other party withdraws its action without substantially obtaining the relief it sought; or (c) it did not initiate the litigation and judgment is entered into for any party, but without substantially granting the relief sought by the initiating party or granting more substantial relief to the non-initiating party with respect to any counterclaim asserted by the non-initiating party in connection with such litigation.
HEADINGS. The article and section headings contained in this Agreement are solely for the purpose of reference, are not part of the agreement of the parties and will not in any way affect the meaning or interpretation of this Agreement.
SEVERABILITY. The invalidity or unenforceability of any provision of this Agreement will not affect the validity or enforceability of any other provision of this Agreement, each of which will remain in full force and effect, so long as the economic or legal substance of the transactions contemplated by this Agreement is not affected in a manner materially adverse to any party.
BINDING EFFECT. This Agreement will be binding upon and inure to the benefit of the parties and their respective successors and permitted assigns.
ENTIRE AGREEMENT. This Agreement constitutes the entire understanding of the parties and supersedes all prior written or oral and all contemporaneous oral agreements and understandings relating to the subject matter hereof. This Agreement may be amended, supplemented or modified, and any provision hereof may be waived, only by written instrument making specific reference to this Agreement signed by the party against whom enforcement is sought. The recitals to this Agreement are hereby incorporated by reference and made a part of this Agreement for all purposes.
CONSTRUCTION. Neither this Agreement nor any provision contained in this Agreement will be interpreted in favor of or against any party hereto because such party or its legal counsel drafted this Agreement or such provision. Whenever the plural form of a word is used in this Agreement, that word will include the singular form of that word. Whenever the singular form of a word is used in this Agreement, that word will include the plural form of that word. The term "and" shall also mean "or" and "or" shall also mean "and" as the context permits or requires to provide the broadest meaning or inclusion of the subject. The term "include" or any derivative of such term does not mean that the items following such term are the only types of such items.
CONTACT INFORMATION.
If you have any questions concerning these Terms of Use, Privacy Policy or other questions regarding the content of this website, or the services or products offered on this site, please contact Annette Childs, Ltd. customer service by visiting the Contact Us section of our website.
Thank you for reading our Terms of Use and Privacy Policy. rxforthesoul.com!
Contracting entity:
Dr. Annette Childs, Ph.D. Annette Childs, Ltd.
We hope you enjoy
PRIVACY POLICY
The following Privacy Policy governs the online information collection practices of Annette Childs, Ltd. (“we” or “us”). Specifically, it outlines the types of information that we gather about you while you are using the rxforthesoul.com website.
Please read this Privacy Policy carefully. By visiting and using the site, you agree that your use of our site, and any dispute over privacy, is governed by this Privacy Policy. Because the internet is an evolving medium, we may need to change our Privacy Policy at some point in the future, in which case we’ll post the changes to this Privacy Policy on this website. By continuing to use the Site after we post any such changes, you accept the Privacy Policy as modified.
How We Collect and Use Information.
We may collect and store personal or other information that you voluntarily supply to us online while using the site (e.g., while on the site or in responding via email to a feature provided on the site). rxforthesoul.com only contacts individuals who specifically request that we do so or in the event that they have signed up to receive our messaging, attended one of our events, or have purchased one of our products. rxforthesoul.com collects personally identifying information from our users during online registration and online purchasing. Generally, this information includes name and email address for registration or opt-in purposes and name, postal address, and credit card information when registering for our events or purchasing our products. All of this information is provided to us by you.
We also collect and store information that is generated automatically as you navigate online through the site. For example, we may collect information about your computer’s connection to the Internet, which allows us, among other things, to improve the delivery of our web pages to you and to measure traffic on the site. We also may use a standard feature found in browser software called a “cookie” to enhance your experience with the site. Cookies are small files that your web browser places on your hard drive for record-keeping purposes. By showing how and when visitors use the site, cookies help us deliver advertisements, identify how many unique users visit us, and track user trends and patterns. They also prevent you from having to re-enter your preferences on certain areas of the site where you may have entered preference information before.
We use the information we collect from you while you are using the site in a variety of ways, including using the information to customize features; advertising that appear on the site; and, making other offers available to you via email, direct mail or otherwise. We also may provide your information to third parties, such as service providers, contractors, third-party publishers, and advertisers for a variety of purposes. Unless you inform us in accordance with the process described below, we reserve the right to use, and to disclose to third parties, all of the information collected from and about you while you are using the site in any way and for any purpose, such as to enable us or a third party to provide you with information about products and services. If you do not wish your information to be used for these purposes, you must send a letter to: Attention Dr. Annette Childs, Ph.D., whose address is listed on the Contact Us page, requesting to be taken off any lists of information that may be used for these purposes or that may be given or sold to third-parties.
Please keep in mind that whenever you voluntarily make your personal information available for viewing by third parties online – for example on message boards, web logs, through email, or in chat areas – that information can be seen, collected and used by others besides us. We cannot be responsible for any unauthorized third-party use of such information.
Some of our third-party advertisers and ad servers that place and present advertising on the site also may collect information from you via cookies, or similar technologies. These third-party advertisers and ad servers may use the information they collect to help present their advertisements, to help measure and research the advertisements’ effectiveness, or for other purposes. The use and collection of your information by these third-party advertisers and ad servers is governed by the relevant third-party’s privacy policy and is not covered by our Privacy Policy. Indeed, the privacy policies of these third-party advertisers and ad servers may be different from ours. If you have any concerns about a third party’s use of cookies or use of your information, you should visit that party’s website and review its privacy policy.
The site also includes links to other websites and provides access to products and services offered by third parties, whose privacy policies we do not control. When you access another website or purchase third-party products or services through the site, use of any information you provide is governed by the privacy policy of the operator of the site you are visiting or the provider of such products or services.
We may also make some content, products and services available through our site or by emailing messages to you through cooperative relationships with third-party providers, where the brands of our provider partner appear on the site in connection with such content, products and/or services. We may share with our provider partner any information you provide, or that is collected, in the course of visiting any pages that are made available in cooperation with our provider partner. In some cases, the provider partner may collect information from you directly, in which cases the privacy policy of our provider partner may apply to the provider partner’s use of your information. The privacy policy of our provider partners may differ from ours. If you have any questions regarding the privacy policy of one of our provider partners, you should contact the provider partner directly for more information.
Be aware that we may occasionally release information about our visitors when release is appropriate to comply with law or to protect the rights, property or safety of users of the site or the public.
We hope you enjoy the rxforthesoul.com website!