call 561 810-1935 for a free consultation
call 561 810-1935 for a free consultation
These terms and conditions act as a contractual agreement (“Agreement”) between you and LIFESAVERSSOFTWARE INC (“LIFESAVERS”, “us”, “we”, “our”) and applies to your use of use of https://lifesaverssoftware.com (“Site”) and to counseling services provided through the Site. If you do not agree to be bound by the terms of this Agreement as detailed herein, please do not use or access the website. You represent that you are at least 18 years old and legally competent to enter into this agreement.
By agreeing to these Terms & Conditions, you expressly agree to mandatory arbitration to resolve any legal claims against us and waive your right to pursue a jury trial or participate in a class action lawsuit filed against LIFESAVERSSOFTWARE INC.
1. COUNSELING SERVICES. You have the option, but not obligation, to purchase counseling services (“Counseling”) from us, with pricing detailed on the “Pricing” page of the Site on the following terms:
2. Services. Should you select to purchase a Counseling Package, we agree to provide you with counseling sessions for the listed duration of the package. We are not obligated to provide you with sessions with any particular counselor. The parties agree the initial counseling session and any subsequent sessions shall be governed by the terms and conditions of this Agreement.
3. Fees. The fees for Counseling Packages are detailed on the Pricing page on the Site, which is incorporated herein. Should you wish to pursue additional Counseling Packages, the fees for such sessions may be found on the Site Pricing page and are incorporated into this Agreement by reference. For Counseling Packages, payment is made through our website prior to services being rendered. After each counseling session is completed, a confirmation of completion is sent via text message or email.
4. Canceling. Counseling packages purchases are non-refundable, however, individual counseling sessions may be rescheduled. You may reschedule Counseling sessions by giving twenty-four (24) hours’ notice of said cancellation prior to the next scheduled Counseling session. Notice may be provided by sending a message of cancellation to the email accounts used by either party to schedule Counseling sessions. Notice shall be considered given when sent. Failure to provide twenty-four (24) hours’ notice for changes to sessions will result in a penalty of the hours allocated for that session, to wit, you will lose such time and the entire associated “no show” fee or package credit and will not be allowed to reschedule the hours. In turn, we agree to make all reasonable efforts to keep to the agreed upon times for Individual Counseling sessions with you. However, you agree that we may reschedule counseling sessions as needed without penalty given, but not limited to, the fact your counselor may have other obligations that arise on short notice. If we are required to reschedule at the last moment, we will provide you with notice and reschedule the Individual Counseling session at a time convenient to both parties.
5. Refunds. All sales are final policy- states that once customers make a purchase, they will not be able to return that item for a replacement or refund. You agree that a refund request will only be considered under extraordinary circumstances that prevent you from ever taking another counseling session, such as significant illness or injury as documented by a medical professional. Any refunds provided will be under the sole discretion of LIFESAVERSOFTWARE INC.
6. No Guarantees. You understand and agree that we are providing no guarantee or warranty that Counseling Packages will provide a particular result. While our Individual Counseling is designed to provide users with information to choose therapeutic education options, understand the mental health industry, and to find consultants and support in their community. You therefore assume sole responsibility for any consequences whatsoever to anyone arising from your use or interpretation of any information contained within or linked to from the Service. LIFESAVERS, including all our affiliates, has no liability whatsoever for your use of our website or services. LIFESAVERS cannot guarantee and does not promise any specific result from the use of our website or services including, but not limited to, related software. LIFESAVERS does not represent or warrant that our content, services, or any software found within are accurate, complete, reliable, current, error-free, or free of viruses or other harmful components. Therefore, you should exercise caution in the use and downloading of any such content or software and use industry-recognized software to detect and remove viruses. All responsibility or liability for any damages causes by viruses somehow attributed to our content, services, and related software is disclaimed.
UNITED STATES APPLICATION. The Site contains information and counseling services intended for use by individuals. We make no representation or warranty that any of the information you are given access to is appropriate for use in other jurisdictions.
OUTCOMES. You understand and agree that the information, content, and counseling services provided by us are not guaranteed to provide a successful outcome Reviews or testimonials on Lifesaverssoftware.com are not a guarantee you will achieve similar results.
NO AFFILIATION OR ENDORSEMENT. LIFESAVERS is in no way affiliated with or endorsed by the Secretary of the United States Department of Health and Human Services, the Substance Abuse and Mental Health Services Administration or any treatment center.
PROHIBITIONS. You may not use any device, software, or routine to interfere or attempt to interfere with the proper working of the Site. You may not disclose or share your password with any third parties or use your password for any unauthorized purpose.
VIOLATIONS. If you materially breach any term of this Agreement, we may, in our sole discretion, terminate your access to the Site or counseling sessions without a refund. We reserve the right to seek all remedies available by law and in equity for such breaches.
NO WARRANTIES. LIFESAVERSOFTWARE INC HEREBY DISCLAIMS ALL WARRANTIES. WE ARE MAKING THE SITE AVAILABLE “AS IS” WITHOUT WARRANTY OF ANY KIND. YOU ASSUME THE RISK OF ANY AND ALL DAMAGE OR LOSS FROM USE OF, OR INABILITY TO USE, THE SITE. TO THE MAXIMUM EXTENT PERMITTED BY LAW, WE EXPRESSLY DISCLAIM ANY AND ALL WARRANTIES, EXPRESS OR IMPLIED, REGARDING THE SITE, INCLUDING, BUT NOT LIMITED TO, ANY IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE. LIFESAVERS SOFTWARE INC DOES NOT WARRANT THAT THE SITE OR OUR SERVICES WILL MEET YOUR REQUIREMENTS OR THAT THE OPERATION OF THE SITE WILL BE UNINTERRUPTED OR ERROR-FREE.
LIMITED LIABILITY. LIFESAVERSSOFTWARE INC DISCLAIMS ANY AND ALL LIABILITY (WHETHER BASED IN CONTRACT, TORT, STRICT LIABILITY, BREACH OF WARRANTY, OR OTHERWISE) FOR ANY INDIRECT, INCIDENTAL, CONSEQUENTIAL OR SPECIAL DAMAGES ARISING OUT OF OR IN ANY WAY CONNECTED WITH ACCESS TO OR USE OF THE SITE, THIS AGREEMENT, OR COUNSELING SERVICES. THIS LIMITATION SHALL NOT APPLY TO INTENTIONAL OR GROSS NEGLIGENCE ON OUR PART.
SITE TERMINATION. We reserve the right to no longer make available all or part of the Site or Counseling Services at any time in our sole discretion.
USER-GENERATED CONTENT. We allow you to post to certain areas of the Site such as in the Forum page of the Site. We are under no obligation to review any messages, information, or content (“User-Generated Content”) posted on the Site by users and assume no responsibility or liability relating to any such postings. Notwithstanding the above, users are forbidden from posting the following:
Any unlawful, harmful, threatening, abusive, harassing, defamatory, vulgar, obscene, profane, hateful, racial, ethnic, or otherwise objectionable material of any kind, including, but not limited to any material which encourages conduct that would constitute a criminal offense, give rise to civil liability, or otherwise violate any applicable local, state, national, or international law. Advertisements or solicitations of any kind. Messages posted by users impersonating others. Personal information such as messages which state phone numbers, social security numbers, account numbers, addresses, or employer references. Messages by non-spokesperson individuals purporting to speak on behalf of us. Messages that offer unauthorized download of any copyrighted or private information.
RULES AND GOVERNING LAW. These Terms and Conditions of Use shall be governed by and construed in accordance with the laws of the State of Florida, United States of America, without giving effect to any principles of choice of law or conflicts of law that would require the application of the laws of a jurisdiction other than the state of Florida. Venue for all disputes will be the Federal and State courts located in Palm Beach County, Florida. If any provision of these Terms and Conditions of Use shall be unlawful, void or for any reason unenforceable, then that provision shall be deemed severable from these Terms and Conditions of Use and shall not affect the validity and enforceability of any remaining provisions. These Terms and Conditions of Use constitute the entire agreement of the parties with respect to the subject matter hereof and supersedes all previous written or oral agreements between the parties with respect to such subject matter.
COMMUNICATION. When you contact us, sign up for our newsletter, or purchase counseling services on the Site, you consent to receive communications from us electronically through email or via text message. You agree that any such communication via email and/or text message shall constitute proper written communication in compliance with any and all legal notice requirements.
USER CONTENT. By posting, uploading, displaying, performing, transmitting, or otherwise distributing information or other content (“User Content”) to the Site, you grant LIFESAVERS SOFTWARE INC, its affiliates, officers, directors, employees, consultants, agents, and representatives a worldwide, royalty-free, non-exclusive, perpetual (for the duration of the applicable copyright) license to use User Content in connection with the Internet business of LIFESAVERS, its affiliates, officers, directors, employees, consultants, agents, and representatives, including without limitation, a right to copy, distribute, transmit, publicly display, publicly perform, reproduce, edit, translate, and reformat User Content. You will not be compensated for any User Content. By posting User Content on the Site, you warrant and represent that you own the rights to the User Content or are otherwise authorized to post, distribute, display, perform, transmit, or otherwise distribute User Content.
COMPLIANCE WITH INTELLECTUAL PROPERTY LAWS. When accessing the Site, you agree to obey the law and to respect the intellectual property rights of others. Your use of the Site is at all times governed by and subject to laws regarding copyright ownership and use of intellectual property. You agree not to upload, download, display, perform, transmit, or otherwise distribute any information or content in violation of any third party’s copyrights, trademarks, or other intellectual property or proprietary rights. You agree to abide by laws regarding copyright ownership and use of intellectual property, and you shall be solely responsible for any violations of any relevant laws and for any infringements of third-party rights caused by any Content you provide or transmit. The burden of proving that any Content does not violate any laws or 3rd party rights rests solely with you.
PROHIBITED USES. LIFESAVERSSOFTWARE INC imposes certain restrictions on your permissible use of the Site. You are prohibited from violating or attempting to violate any security features of the Site, including, without limitation, (a) accessing content or data not intended for you, or logging onto a server or account that you are not authorized to access; (b) attempting to probe, scan, or test the vulnerability of the Site, or any associated system or network, or to breach security or authentication measures without proper authorization; (c) interfering or attempting to interfere with service to any user, host, or network, including, without limitation, by means of submitting a virus to the Site , overloading, “flooding,” “spamming,” “mail bombing,” or “crashing;” (d) forging any TCP/IP packet header or any part of the header information in any e-mail or in any posting using the Service; (e) attempting to modify, reverse-engineer, decompile, disassemble, or otherwise reduce or attempt to reduce to a human-perceivable form any of the source code used by LIFESAVERSSOFTWARE INC; or (f) automatically or manually scraping or copying the content from the Site without our consent. Any violation may subject you to civil and/or criminal liability.
COPYRIGHT. All contents, excluding user generated content, copyright 2021 LIFESAVERSSOFTWARE INC. All rights reserved.
SEVERABILITY; WAIVER. If a court of competent jurisdiction finds any term or condition in this Agreement to be unenforceable or null, all other terms will remain unaffected and in full force and effect. No waiver of any breach of any provision of this Agreement shall constitute a waiver of any prior, concurrent, or subsequent breach of the same or any other provisions hereof, and no waiver shall be effective unless made in writing and signed by an authorized representative of the waiving party.
NO LICENSE. Nothing contained on the Site should be understood as granting you a license to use any of the trademarks, service marks, or logos of LIFESAVERS or by any third party.
MODIFICATIONS. LIFESAVERSSOFTWARE INC may, in its sole discretion, modify or amend this Agreement at any time. LIFESAVERSSOFTWARE INC shall post notice of any such changes on the Site in an area available to you before logging into the member area and shall email you notice of such changes. Your decision to continue to use the Site upon such notice shall constitute your acceptance of any amendments to this document. You may choose to reject the amendments by terminating your use of the Site. Please contact us if you have any questions regarding this agreement.