Terms of Use
Agreement Between User and Earth & Sky Psychotherapy
The Earth & Sky Psychotherapy website located at www.earthskypsychotherapy.com and related platforms and services (together the “Website”) is comprised of various web pages operated by Earth & Sky Psychotherapy and through which you may inquire about our services.
The Website is offered to you conditioned on your acceptance without modification of the terms, conditions, and notices contained herein. Your use of the Website constitutes your agreement to all such terms, conditions, and notices. If you do not agree with these Terms of Use or any part of them, you should not use the Website.
Modification of These Terms of Use
Earth & Sky Psychotherapy reserves the right to change these terms, conditions, and notices, including fees, charges, and other required payments associated with use, at any time and for any reason. You must review these Terms of Use frequently for updates and changes to them. If, at any time, you do not agree with these Terms of Use or any part of them, you should not use the Website.
Links to Third Party Sites
The Website may contain links to other websites ("Linked Sites"). The Linked Sites are not under the control of Earth & Sky Psychotherapy and Earth & Sky Psychotherapy is not responsible for the contents of any Linked Site, including without limitation any link contained in a Linked Site, or any changes or updates to a Linked Site. Earth & Sky Psychotherapy is not responsible for webcasting or any other form of transmission received from any Linked Site. Earth & Sky Psychotherapy is providing these links to you only as a convenience, and the inclusion of any link does not imply endorsement by Earth & Sky Psychotherapy of the site or any association with its operators.
No Unlawful or Prohibited Use
As a condition of your use of the Website, you warrant to Earth & Sky Psychotherapy that you will not use the Website for any purpose that is unlawful or violates any applicable rule, regulation, ordinance or other legal edict, or is prohibited by these terms, conditions, and notices. You may not use the Website in any manner which could damage, disable, overburden, or impair the Website or interfere with any other party's use and enjoyment of the Website. You may not obtain or attempt to obtain any materials or information through any means not intentionally made available or provided for your access or use through the Website.
Earth & Sky Psychotherapy always reserves the right to disclose any information as necessary to satisfy any applicable law, regulation, legal process, or governmental request, in Earth & Sky Psychotherapy’s sole discretion.
Always use caution when giving out any personal information, sensitive data, or personally identifying information about yourself or your children in any communication, particularly electronic mail. Earth & Sky Psychotherapy does not control the security of any messages submitted electronically via the Website, and therefore, Earth & Sky Psychotherapy specifically disclaims any liability about such transmission.
Materials Provided to Earth & Sky Psychotherapy via the Website
Earth & Sky Psychotherapy does not claim ownership of the materials you provide to Earth & Sky Psychotherapy (including feedback and suggestions) or post, upload, input or submit to the Website (collectively "Submissions"). However, by posting, uploading, inputting, providing or submitting your Submission you are granting Earth & Sky Psychotherapy, its affiliated companies, sublicensees, and assigns permission and an unlimited, unpaid, worldwide and perpetual license to use your Submission in connection with the Website and operation of their legitimate business interests, including, without limitation, and subject to all privacy rights provided to you by law, the rights to: copy, distribute, transmit, publicly display, publicly perform, reproduce, edit, translate and reformat your Submission.
No compensation will be paid with respect to the use of your Submission, as provided herein. Earth & Sky Psychotherapy is under no obligation to post or use any Submission you may provide and may remove any Submission at any time in Earth & Sky Psychotherapy sole discretion.
By posting, uploading, inputting, providing or submitting your Submission you warrant and represent that you own or otherwise control all of the rights to your Submission as described in this section including, without limitation, all the rights necessary for you to provide, post, upload, input or submit the Submissions.
Liability Disclaimer
FOR PURPOSES OF THIS LIABILITY DISCLAIMER SECTION, “EARTH & SKY PSYCHOTHERAPY” SHALL INCLUDE THE COMPANY, ITS OWNERS, EMPLOYEES, CONTRACTORS, AND AGENTS INDIVIDUALLY, AND ALL SUPPLIERS, PARTNERS, AFFILIATES, AND ASSIGNS OF EARTH & SKY PSYCHOTHERAPY
THE INFORMATION AND SERVICES INCLUDED IN OR AVAILABLE THROUGH THE EARTH & SKY PSYCHOTHERAPY WEBSITE MAY INCLUDE INACCURACIES OR TYPOGRAPHICAL ERRORS. CHANGES ARE PERIODICALLY ADDED TO THE INFORMATION HEREIN. EARTH & SKY PSYCHOTHERAPY MAY MAKE OR COMMISSION IMPROVEMENTS AND/OR CHANGES TO THE WEBSITE AT ANY TIME. ANY ADVICE YOU RECEIVE VIA THE WEBSITE FROM ANY PERSON OR ENTITY, INCLUDING EARTH & SKY PSYCHOTHERAPY, SHOULD NOT BE RELIED UPON FOR PERSONAL, PSYCHOLOGICAL, MEDICAL, LEGAL OR FINANCIAL DECISIONS UNLESS AND UNTIL A SPECIFIC AGREEMENT IS ENTERED INTO BETWEEN YOU AND SUCH PERSON OR ENTITY AND YOU SHOULD CONSULT AN APPROPRIATE PROFESSIONAL FOR SPECIFIC ADVICE TAILORED TO YOUR SITUATION UNTIL SUCH RELATIONSHIP IS ESTABLISHED WITH SUCH PERSON OR ENTITY VIA THIS WEBSITE.
EARTH & SKY PSYCHOTHERAPY MAKES NO REPRESENTATIONS ABOUT THE SUITABILITY, RELIABILITY, AVAILABILITY, TIMELINESS, AND ACCURACY OF THE INFORMATION, SERVICES AND RELATED GRAPHICS CONTAINED ON THE WEBSITE FOR ANY PURPOSE. TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, ALL SUCH INFORMATION, SOFTWARE, PRODUCTS, SERVICES AND RELATED GRAPHICS ARE PROVIDED "AS IS" WITHOUT WARRANTY OR CONDITION OF ANY KIND. EARTH & SKY PSYCHOTHERAPY HEREBY DISCLAIMS ALL WARRANTIES AND CONDITIONS WITH REGARD TO THIS INFORMATION, SOFTWARE, PRODUCTS, SERVICES AND RELATED GRAPHICS, INCLUDING ALL IMPLIED WARRANTIES OR CONDITIONS OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE AND NON-INFRINGEMENT.
TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, IN NO EVENT SHALL EARTH & SKY PSYCHOTHERAPY BE LIABLE FOR ANY DIRECT, INDIRECT, PUNITIVE, INCIDENTAL, SPECIAL, CONSEQUENTIAL DAMAGES OR ANY DAMAGES WHATSOEVER INCLUDING, WITHOUT LIMITATION, DAMAGES FOR LOSS OF USE, DATA OR PROFITS, ARISING OUT OF OR IN ANY WAY CONNECTED WITH THE USE OR PERFORMANCE OF THE WEBSITE, WITH THE DELAY OR INABILITY TO USE THE WEBSITE OR RELATED SERVICES OR TO OBTAIN ANY GOOD ORDERED THROUGH THE WEBSITE OR FROM EARTH & SKY PSYCHOTHERAPY, THE PROVISION OF OR FAILURE TO PROVIDE SERVICES, OR FOR ANY INFORMATION, SOFTWARE, PRODUCTS, SERVICES AND RELATED GRAPHICS OBTAINED THROUGH THE WEBSITE, OR OTHERWISE ARISING OUT OF THE USE OF THE WEBSITE, WHETHER BASED ON CONTRACT, TORT, NEGLIGENCE, STRICT LIABILITY OR OTHERWISE, EVEN IF EARTH & SKY PSYCHOTHERAPY HAS BEEN ADVISED OF THE POSSIBILITY OF DAMAGES. BECAUSE SOME STATES/JURISDICTIONS DO NOT ALLOW THE EXCLUSION OR LIMITATION OF LIABILITY FOR CONSEQUENTIAL OR INCIDENTAL DAMAGES, THE ABOVE LIMITATION MAY NOT APPLY TO YOU. IF YOU ARE DISSATISFIED WITH ANY PORTION OF THE WEBSITE, OR WITH ANY OF THESE TERMS OF USE, YOUR SOLE AND EXCLUSIVE REMEDY IS TO DISCONTINUE USING THE WEBSITE.
Service Contact: emily@earthskypsychotherapy.com
Termination / Access Restriction
Earth & Sky Psychotherapy reserves the right, in its sole discretion, to terminate your access to the Website or any portion thereof at any time, without notice.
Copyright and Trademark
The Website and all contents are copyrighted by Earth & Sky Psychotherapy. You may not publish or otherwise use any part of the Website, or any related trademarks or other intellectual property associated with or available through it, other than as expressly authorized by these Terms of Use, without our prior written consent. Any rights not expressly granted herein are reserved.
General
To the maximum extent permitted by law, this agreement is governed by the laws of the State of New Mexico, U.S.A. and you hereby consent to the exclusive jurisdiction and venue of courts in Bernalillo County, New Mexico, U.S.A. in all disputes arising out of or relating to your use of the Website. Use of the Website is unauthorized in any jurisdiction that does not give effect to all provisions of these terms and conditions, including without limitation this paragraph.
You agree that no joint venture, partnership, employment, or agency relationship exists between you and Earth & Sky Psychotherapy as a result of this agreement or your use of the Website.
Earth & Sky Psychotherapy's performance of this agreement is subject to existing laws and legal process, and nothing contained in this agreement is in derogation of Earth & Sky Psychotherapy's right or obligation to comply with governmental, court and law enforcement requests or requirements relating to your use of the Website or information provided to or gathered by Earth & Sky Psychotherapy with respect to such use.
If any part of this agreement is determined to be invalid or unenforceable pursuant to applicable law including, but not limited to, the warranty disclaimers and liability limitations set forth above, then the invalid or unenforceable provision will be deemed superseded by a valid, enforceable provision that most closely matches the intent of the original provision and the remainder of the agreement shall continue in effect.
Unless otherwise specified herein, this agreement constitutes the entire agreement between the user and Earth & Sky Psychotherapy with respect to the Website and it supersedes all prior or contemporaneous communications and proposals, whether electronic, oral or written, between you and Earth & Sky Psychotherapy with respect to the Website. A printed version of this agreement and of any notice given in electronic form shall be admissible in judicial or administrative proceedings based upon or relating to this agreement to the same extent and subject to the same conditions as other business documents and records originally generated and maintained in printed form.
The Website is also governed by a Privacy Policy which is hereby incorporated into these Terms of Use by reference. Any comments, questions, or requests about these Terms of Use or the Website should be directed to emily@earthskypsychotherapy.com.