TERMS AND CONDITIONS
Effective June 30, 2017
1.1 Welcome to MovingOnHelp.com (“Moving On”), a Program to help people recover from divorce or separation. We offer a Program designated to assist you in overcoming the stress and pain of a broken relationship through our interactive videos, interactive exercises, professional support and an online community (the “Service”).
1.2 The Program is available through our website MovingOnHelp.com (the “Site”). The Program, Services, and content (the “Content”) available on the Site are provided to you by Dr. C Therapist, PLLC.
1.4 We may change our Terms from time to time. Current version of the Terms will include the effective date and will be published on the Site. You are responsible for visiting the Terms page and complying with any changes to the Terms. By continuing the usage of the Site and Services you confirm that you agree to be bound by the latest version of the Terms. If you do not wish to comply or do not agree with any part of the Terms please do not use our Program and Services.
II MEDICAL SERVICE DISCLAIMER
2.1 Our Program should not serve as a replacement for specialized psychotherapy. For the avoidance of doubt, in no event whatsoever is Moving On claiming to be a substitute for specialized psychotherapy. The Content on the Site is not, nor it should be considered as, without limitations, medical or psychological advice.
2.2 In the event that information on the Site relates to any health or medical suggestions to be provided/advertised, in no circumstances should such content be construed and/or an attempt to be considered for the use of diagnose, treatment, cure or prevention of any psychological conditions, health problems or illnesses.
2.3 You are specifically reminded and advised to contact your primary care physician and/or psychotherapist for specific treatment and care. If your health issues do not subside or your health condition deteriorates you should visit your doctor and/or psychotherapist immediately.
2.4 Our Program is not suited for medical emergencies or urgent situations. If your life is in danger, or you suffer from suicidal thoughts, please get in touch with emergency services immediately.
III APPLICABLE LOCAL LAWS
3.1 The Site is available to Users located all around the world, so it is upon you to assess whether visiting the Site or using our Services is in compliance with any local laws and regulations. All information and content on the Site is controlled operated and administered by Moving On from our offices within the United States of America. Whenever you are visiting our Site or using our Services you will need to comply with these Terms and any applicable laws, regulations, and policies. If any part of the Site or the Services is not in compliance with your local laws, you may not use the Site and the Services. Any such Service will be considered as ‘not available in your country’.
IV MINIMUM AGE REQUIREMENT
4.1 By registering on the Site or by accessing the Program you confirm that you are at least 18 years of age, or at least of the age of legal consent in your jurisdiction.
4.2 We do not knowingly collect any information from children under the age of 13, and we are in full compliance with COPPA.
VI USER REGISTRATION
6.1 Access to the Services and most of the Content available on the Site require you to register as a user of the Program.
6.2 The Program is only for personal use. You are not allowed to use our Program in someone else’s name or in their account. You may only register one account under your name.
6.3 When registering for the Program you are responsible for providing information that is true, accurate, and complete, since otherwise we may not be able to provide you with the Service. If any information is changed after your registration, it is up to you to update it, so we may continue providing you with the Service.
6.4 Your data – your responsibility: we are not responsible for any issues which might arise in connection with untrue or inaccurate information or information which is not complete.
7.1 Certain aspects of the Program and Services may be provided for a fee, subscription or other charge. If you purchase a subscription from Moving On, this subscription will automatically renew at the end of each billing cycle, typically every thirty (30) days, at which point you will automatically be charged on your anniversary date for the next billing cycle.
7.2 You may cancel your subscription at any time by notifying us in writing. Cancellation will take effect at the end of the then-current billing cycle. There will be no refunds or return of prorated subscription fees for unused days in a subscription cycle.
7.3 We are constantly growing and improving, so we may add new services for additional fees and charges or add or amend fees and charges for existing services, at any time in our sole discretion. Any change to our pricing or payment terms will become effective in the billing cycle following notice of such change to you as provided in these Terms.
VIII PAYMENT, FEES & BILLING CYCLE
8.1 Usage of our Services may be subjected to certain fees. You agree that you will cover all such fees, including taxes, associated with your use of the Service.
8.2 You are responsible for providing us with a valid means of payment through either a valid credit card or PayPal account. If we cannot charge your means of payment, we cannot provide the Service. For as long as you are using our Services you must keep current payment information on file with Moving On. You guarantee that the payment method you provided is adequately funded to pay for any Services rendered.
8.3 By agreeing to these terms, you are giving Moving On permission to charge your credit card or PayPal account on-file for fees for your subscription.
8.4 We may, at our own discretion, limit the number of available Services or refuse to provide the Service without the need to deliberate on the reasons for such action. We may especially refuse to accept your subscription/purchase if:
a) The billing information you provided is incorrect, invalid, lacks the necessary funds, or we are otherwise unable to process the payment;
b) We suspect that order is fraudulent. We reserve the right to refuse any subscription/purchase which we, in our sole discretion, find to have been placed as a result of fraudulent activity; or
c) Your subscription/purchase is placed pursuant to previous credit card dispute.
8.5 Dr. C Therapist, PLLC, offers a very flexible refund policy in regard to the Program and Service. You agree not to file a credit card, debit card, or PayPal charge back or dispute with regard to any subscription to or purchase of the Program and Service. If you attempt to file a charge back or dispute, Dr. C Therapist, PLLC, will take all appropriate actions through any legal means available to recover the charged back or disputed funds. You agree to pay for all legal and administrative fees associated with the recovery of the disputed funds, included potential fees from the financial institutions involved in the transaction.
IX CODE OF CONDUCT
9.1 We aim to create a supporting community on our Site. You agree not to post or transmit content which is illegal, hateful, obscene, threatening, incites violence, insulting, defamatory, infringing of intellectual property rights, invasive of privacy, or contains nudity or graphic or gratuitous violence or is otherwise objectionable to third parties. You will not bully, intimidate, or harass any other User.
9.2 Some of the content provided by Users may be subjected to prior approval by the content administrators, however, we do not take any obligation to pre-screen the content. Although we do not constantly monitor content posted on the Site, we reserve the right to remove any content which we find to constitute a breach of these Terms or relevant laws, without notifying the users or providing reasoning for such action. Users are solely responsible for their own content and the consequences of making the content available to third-parties.
9.3 During your use of our Services, you will not send or otherwise post unauthorized commercial communications (such as spam) on the Site. You will not collect users’ content or information, or otherwise access the Site, using automated means (such as harvesting bots, robots, spiders, or scrapers). You will not upload viruses or other malicious code. You will not solicit login information or access an account belonging to someone else. You will not provide any false personal information on the Site, or create an account for anyone other than yourself. You will not create more than one personal profile.
9.4 You understand that the results of the program depend largely on your part and how invested you are with achieving the purpose of the program. We provide you with resources and guidance necessary for overcoming the issues, but the final result is up to you. We do not guarantee that you will achieve desired outcome, but if you dedicate yourself to the program you may see the improvement.
X TERMINATION AND ACCESS RESTRICTION
10.1 We may limit or completely cancel your access to the Program and Services if you are not complying with our Terms. We can, in our sole discretion, suspend or terminate access to all or parts of the Site and Services to anyone, without prior notice or need to deliberate on reasons for such measure.
10.2 We reserve the right to deny Services to anyone at any time.
XI LICENSE AND INTELLECTUAL PROPERTY RIGHTS
11.1 Subject to your compliance with these Terms, we grant you a limited, non-exclusive, non-transferable, non-sub licensable license to use the Site and the Program. Except as expressly permitted in these Terms, you may not: copy, modify or create derivative works based on the Site, the Program or the Content; distribute, transfer, sublicense, lease, lend or rent the Site, the Program or the Content to any third party; reverse engineer, decompile or disassemble the Site, the Program or the Content; or make the functionality of the Site or the Program available to multiple users through any means.
11.2 Everything that we have placed on the Site, or made available to you through the Site, including but not limited to text, images, videos, information, applications, software, music, sound and other files (altogether Content) is the copyrighted and property of Dr. C Therapist, PLLC. Content on the Site is available only for fair use to you. Be mindful that our Program is the result of years of hard work, research and development. For this reason, we believe that it is our obligation to take all available legal measures if we find that you are using our Content contrary to these Terms and applicable laws.
11.3 You must obtain our written permission if you wish to use our Content for any purpose other than your own personal use. You must reference the Site, its respectful owners, and authors of the content where available if you are using content for non-commercial use.
11.4 If you post content on the Site, you grant us a non-exclusive, royalty-free, perpetual, irrevocable right to use, reproduce, modify, adapt, publish, distribute, and display such content on the Site and on any other marketing material we may create. Whenever we might use the User generated content we will give appropriate credit to the content provider through their first name. Except before mentioned usage of user-generated content, you retain copyright and any other rights you already hold in content which you submit, post or display on or through the Services.
11.5 The Site is Copyright © 2016 Moving On, all rights reserved.
XII THIRD PARTY CONTENT
12.1 We may provide you with content belonging to the outside sources or links leading to the outside sources. We are not responsible for the content provided by the outside sources. Outside sources are separate entities and are not under our control, and they may have different terms and policies. We are not responsible for the availability and content of the outside sources.
13.1 By providing us your e-mail address you agree to receive periodical emails from us. We may contact you using the available contact information provided by you, for any matters relating to purchasing, paying and delivering of the Service. We may also inform you through e-mail about news, promotions, special offers and or other topics of interest related to the Moving On and related products/services.
13.2 You may choose to stop receiving these promotional e-mails at any time by notifying us via email.
14.1 You will indemnify and hold harmless Moving On, Dr. C Therapist, PLLC, or any of our owners, managers, directors, employees, agents, partners, advertisers or affiliates, from and against any claims, disputes, demands, liabilities, damages, losses, and costs and expenses, including, without limitation, reasonable legal and accounting fees arising out of or in any way connected with your access to or use of the Site and Services, content which you provide, or your violation of these Terms.
14.2 Moving On, Dr. C Therapist, PLLC reserves the right, at its own cost, to assume the exclusive defense and control of any matter otherwise subject to indemnification by you, in which event you will fully cooperate with Moving On, Dr. C Therapist, PLLC in asserting any available defenses.
XV STATUTE OF LIMITATIONS
15.1 You agree that regardless of any statute or law to the contrary, any claim or cause of action arising of or related to use of the Program, Site, Services or the Terms must be filed within one (1) year after such claim or cause of action arose or be forever barred.
16.1 WARRANTY DISCLAIMER AND LIMITATION OF LIABILITY: TO THE FULLEST EXTENT PROVIDED BY LAW, THE WEBSITE AND SERVICES ARE PROVIDED “AS IS,” WITHOUT WARRANTY OF ANY KIND, EITHER EXPRESS OR IMPLIED, INCLUDING BUT NOT LIMITED TO WARRANTIES OF ACCURACY, MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE AND/OR NON-INFRINGEMENT. NONE OF THE PARTIES INVOLVED IN CREATING, PRODUCING, AND/OR DELIVERING THE SERVICES AND THE SITE ARE LIABLE FOR ANY DIRECT, INCIDENTAL, CONSEQUENTIAL, INDIRECT, OR PUNITIVE DAMAGES, OR ANY OTHER LOSSES, COSTS, OR EXPENSES OF ANY KIND WHICH MAY ARISE, DIRECTLY OR INDIRECTLY, THROUGH ACCESS TO, USE OF, OR BROWSING THE SITE OR THROUGH YOUR DOWNLOADING OF MATERIALS FROM THE SITE, INCLUDING BUT NOT LIMITED TO ANYTHING CAUSED BY BUGS, VIRUSES, OR ANY COMPUTER SYSTEM, HARDWARE, SOFTWARE, OR PROGRAM MALFUNCTIONS, OR ANY OTHER ERRORS, FAILURES, OR DELAYS. IN NO EVENT WILL DR. C THERAPIST, PLLC, OR ANY OF OUR OWNERS, MANAGERS, DIRECTORS, EMPLOYEES, AGENTS, PARTNERS, ADVERTISERS OR AFFILIATES BE LIABLE FOR ANY LOST PROFITS, COST OF PROCUREMENT OF SUBSTITUTE PRODUCTS, OR ANY INCIDENTAL OR CONSEQUENTIAL DAMAGES ARISING OUT OF THE USE OF OR OF THE INABILITY TO USE ANY CONTENT ON THE SITE.
16.2 TO THE FULLEST EXTENT PERMITTED BY APPLICABLE LAW, WE MAKE NO REPRESENTATION OR WARRANTY AS TO THE CONTENT OF ANY ADVICE OR OTHER RESPONSE CONTAINED IN THE PROGRAM. THE LIMITATIONS ASSOCIATED WITH ONLINE PROGRAMS EXCLUSIVE OF IN PERSON CONSULTATIONS AND ADVICE SHOULD BE RECOGNIZED. NEITHER WE NOR ANY OF OUR OWNERS, MANAGERS, DIRECTORS, EMPLOYEES, AGENTS, PARTNERS, ADVERTISERS OR AFFILIATES ASSUMES ANY LEGAL RESPONSIBILITY FOR ANY INCORRECT OR MISLEADING INFORMATION PROVIDED BY THE PROGRAM OR INCLUDED IN THE SERVICE. YOU SHOULD NOT USE ANY INFORMATION MADE AVAILABLE IN THE SERVICE TO REPLACE SPECIALIZED PSYCHOTHERAPY AND/OR MEDICAL ADVICE.
16.3 TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, DR. C THERAPIST, PLLC, OR OUR OWNERS, MANAGERS, DIRECTORS, EMPLOYEES, AGENTS, PARTNERS, ADVERTISERS OR AFFILIATES WILL NOT BE LIABLE FOR ANY DIRECT, INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL OR PUNITIVE DAMAGES, INCLUDING, WITHOUT LIMITATION, IMPROPER DIAGNOSIS, INACCURATE INFORMATION, IMPROPER TREATMENT, LOSS OF DATA, LOSS OF USE, LOSS OF ANTICIPATED SAVINGS; ACCRUED BUT WASTED EXPENDITURE; COST OF PROCUREMENT OF SUBSTITUTE GOODS OR SERVICES, LOSS OF GOOD-WILL, OR OTHER INTANGIBLE LOSSES, RESULTING FROM (i) YOUR ACCESS TO OR USE OF OR INABILITY TO ACCESS OR USE THE SERVICE; (ii) ANY CONDUCT OR CONTENT OF ANY THIRD PARTY ON THE SERVICE; (iii) ANY CONTENT AND/OR INFORMATION OBTAINED FROM THE SERVICE OR RELIANCE UPON THE SERVICE OR THE ANY PART THEREOF; AND (iv) UNAUTHORIZED ACCESS, USE OR ALTERATION OF ANY MATERIAL OR CONTENT, WHETHER BASED ON WARRANTY, CONTRACT, TORT (INCLUDING NEGLIGENCE) OR ANY OTHER LEGAL THEORY, WHETHER OR NOT WE KNEW OF OR OUGHT TO HAVE KNOWN OF THE POSSIBILITY OF SUCH DAMAGES. IN SOME JURISDICTIONS THE APPLICABLE LAW MAY NOT ALLOW THE LIMITATION OR EXCLUSION OF LIABILITY FOR CERTAIN MATTERS, SO THE ABOVE LIMITATION OR EXCLUSION MAY NOT FULLY APPLY TO YOU. IN SUCH CASES, OUR LIABILITY WILL BE LIMITED TO THE FULLEST EXTENT PERMITTED BY APPLICABLE LAW.
16.4 YOU EXPRESSLY ACKNOWLEDGE AND AGREE THAT WE, DR. C THERAPIST, PLLC, OR ANY OF OUR OWNERS, MANAGERS, DIRECTORS, EMPLOYEES, AGENTS, PARTNERS, ADVERTISERS OR AFFILIATES, ARE NOT RESPONSIBLE FOR THE RESULTS OF YOUR DECISIONS RESULTING FROM THE USE OF THE SERVICE OR THE INFORMATION CONTAINED HEREIN, INCLUDING BUT NOT LIMITED TO YOUR CHOOSING TO SEEK OR NOT TO SEEK MEDICAL CARE, OR YOUR CHOOSING OR NOT CHOOSING SPECIFIC TREATMENT BASED ON THE INFORMATION ACQUIRED THROUGH THE SERVICE.
XVII GOVERNING LAWS
17.1 This Agreement shall be governed by and construed under the laws of the state of North Carolina, United States of America, without regard to its conflict of law provisions, as applied to agreements entered into and to be performed in North Carolina by North Carolina residents. You also agree and hereby submit to the non-exclusive jurisdiction of the courts in Guilford County, North Carolina, United States of America, for the resolution of any conflict arising out of or in connection with these Terms, the Site, or the Service.
XVIII FINAL PROVISIONS
18.1 If any part of these Terms is found to be invalid, illegal or unenforceable in any respect, it will not affect the validity or enforceability of the remainder of the Terms.
19.1 We always look forward to your opinion, so if you have any questions, suggestions, or comments, you can address them to Dr. C Therapist, PLLC., 1301 S Capital of Texas Highway Suite B – 128
Austin, TX 78746 USA.