Terms of Use Agreement

PLEASE READ THE FOLLOWING TERMS OF SERVICE AGREEMENT CAREFULLY. BY ACCESSING OR USING OUR SITES AND OUR SERVICES, YOU HEREBY AGREE TO BE BOUND BY THE TERMS AND ALL TERMS INCORPORATED HEREIN BY REFERENCE. IT IS THE RESPONSIBILITY OF YOU, THE USER, CUSTOMER, OR PROSPECTIVE CUSTOMER TO READ THE TERMS AND CONDITIONS BEFORE PROCEEDING TO USE THIS SITE. IF YOU DO NOT EXPRESSLY AGREE TO ALL OF THE TERMS AND CONDITIONS, THEN PLEASE DO NOT ACCESS OR USE OUR SITES OR OUR SERVICES. THIS TERMS OF SERVICE AGREEMENT IS EFFECTIVE AS OF MAY 1, 2020.

Introduction

Welcome to LifeSpring Counseling Service, LLC (hereafter “LifeSpring Counseling”). We are a mental health practice that provides mental health therapy to clients.

This is our website, https://lifespringcounseling.net (the “Site”), which we use to provide information all about our practice, our dedicated practitioners, and access to our blog and other informational resources for users and others who visit the Site. For the purposes of this Term of Services (herein the “Terms of Use Agreement”), any and all visitors to the Site shall be defined as a “User”.

Age Restrictions on Accessing the Site

Use of our Site is limited to Users that lawfully can enter into and form contracts under applicable law. Individuals under the age of 18, for example, may not enter into legal contracts on their own. This Terms of Use Agreement is a contract between the User and LifeSpring Counseling; thus, certain Users, depending on their age, are restricted from accessing and using this site as follows:

If you are under the age of sixteen (16) years old you may not use or access this Site and must immediately navigate away from this site;
If you are between the ages of 16 and 17 years old, you may continue to access and use this Site, but only under and with the supervision of a parent or guardian.

Users under the age of 18 who disregard this provision do so at their own risk; LifeSpring Counseling (and its Members, employees, agents, parent subsidiaries, affiliates, co-branders, partners, and any other third parties) shall not be liable for any harm or damage of every kind and nature, known and unknown, suspected or unsuspected, disclosed or undisclosed, arising out of or in any way connected to the use of this Site by unauthorized and/or unaccompanied minors.

Use of the Site

By proceeding to use and access this Site, you agree that you shall not use any “deep-link”, “page-scrape”, “robot”, “spider” or other automatic device, program, algorithm or methodology, or any similar or equivalent manual process, to access, acquire, copy, or monitor any portion of the Site or any Site Content, or in any way reproduce or circumvent the navigational structure or presentation of the Site or any Site Content, to obtain or attempt to obtain any materials, documents or information through any means not purposely made available through the Site. We reserve the right to restrict any such activity and/or block any User who violates this provision.

You may not attempt to gain unauthorized access to any portion or feature of the Site, or any other systems or networks connected to the Site or to any of LifeSpring Counseling’s server, or to any of the services offered on or through the Site, by hacking, password “mining” or any other illegitimate means.

You may not probe, scan or test the vulnerability of the Site or any network connected to the Site, nor breach the security or authentication measures on the Site or any network connected to the Site. You may not reverse look-up, trace or seek to trace any information on any other User to the Site, or any client, contractor, employee, LLC Member, or any other party associated with LifeSpring Counseling or any other related third-party.

You agree that you will not take any action that imposes an unreasonable or disproportionately large load on the infrastructure of the Site or LifeSpring Counseling’s systems or networks, or any systems or networks connected to the Site or to LifeSpring Counseling.

You agree not to use any device, software or routine to interfere or attempt to interfere with the proper working of the Site or any transaction being conducted on the Site, or with any other person’s use of the Site.

You may not forge headers or otherwise manipulate identifiers in order to disguise the origin of any message or transmittal you send to LifeSpring Counseling on or through the Site or any service offered on or through the Site. You may not pretend that you are, or that you represent, someone else, or impersonate any other individual or entity, other than yourself.

You may not use the Site or any Site Content for any purpose that is unlawful or prohibited by this Terms of Use Agreement, or to solicit the performance of any illegal activity or other activity which infringes the rights of LifeSpring Counseling or others.

You may not use this Site for any abusive or illegal purpose. You may not harm others in any way. You may not use the Site to perform any form of bullying, threatening, cyberstalking, intimidation, or any other type of harassment. Company reserves the right to contact appropriate legal authorities in the event that you are suspected to have performed such actions.

You may not use the Site in a manner that:

Infringes on any third party’s intellectual property or proprietary rights, or rights of publicity or privacy;
Violates any law, statute, ordinance, or regulation;
Is defamatory, trade libelous, threatening, unlawfully harassing, indecent, abusive, obscene, or contains child pornography of any sort;
That you know contains Viruses or other malicious coding or harmful content;
That you know will materially damage, disable, overburden, or impair the Site or any other party’s use of the Site;
That you know contains links to any sites that do any of the aforementioned prohibited acts;
To send spam, either directly or indirectly, or that in any way violates the CAN-SPAM Act of 2003, 15 U.S.C. 7701, as amended.

LifeSpring Counseling does not assume responsibility for the accuracy, completeness, safety, innocuousness, slanderous nature of, legality, or applicability of anything posted, displayed, linked, uploaded, recorded, broadcasted, or otherwise made available by any User, where applicable. Notwithstanding anything within this provision of this Terms of Use Agreement, LifeSpring Counseling reserves the right to suspend or terminate any User’s account with or without notice to said user for any reason, at its sole discretion.

Acceptance of Terms

By visiting and accessing this Site, you, the User, understand and agree to accept and adhere to the following terms and conditions, along with the terms and conditions stated in our Privacy Policy (please refer to the Privacy Policy here). It is important that you understand this Terms of Use Agreement is a legally binding agreement that governs our relationship with you as well as all other Users who may use, interact, or interface with us through the Site.

We reserve the right to change this Terms of Use Agreement from time to time without notice. You acknowledge and agree that it is your responsibility to review this Terms of Use Agreement periodically to familiarize yourself with any modifications. Your continued use of this Site after such modifications will constitute acknowledgement and agreement of the modified terms and conditions. At our sole discretion, to change, modify, add, or remove portions of this Terms of Use Agreement, at any time. It is your responsibility to check this Terms of Use Agreement periodically for changes. Your continued use of our Site following the posting of changes will mean that you accept and agree to the changes. As long as you comply with this Terms of Use Agreement, you are permitted a personal, non-exclusive, non-transferable, limited privilege to enter and use the Site.

We also reserve the right to do any of the following, at any time, without notice: (1) to modify, suspend, or terminate operation of or access to the Site, or any portion of the Site, for any reason; (2) to modify or change the Site, or any portion of the Site, and any applicable policies or terms; (3) to interrupt the operation of the Site, or any portion of the Site, as necessary to perform routine or non-routine maintenance, error correction, or other changes; (4) to delete or remove (without notice) any User content or account; and or (5) to terminate access of any User in its sole discretion, for any reason or no reason.

Responsible Use and Conduct

By visiting our Site and accessing the information and resources we may provide (hereafter referred to as “Site Content”), you agree to use Site Content only for the purposes intended as permitted by (1) the terms of this Terms of Use Agreement, and (2) applicable laws, regulations, and generally accepted online practices or guidelines.

Privacy Policy

Please see LifeSpring Counseling’s Privacy Policy (see the full Privacy Policy at here) for information on the Privacy Policy for use and access of this Site.

Warranty Disclaimers

YOU HEREIN EXPRESSLY ACKNOWLEDGE AND AGREE THAT:

The use of LifeSpring Counseling’s Site is at the sole risk by you. Our Site and any Site Content we provide shall be provided on an “as is” and/or “as available” basis. LifeSpring Counseling and our subsidiaries, affiliates, officers, employees, agents, partners, and licensors expressly disclaim any and all warranties of any kind whether expressed or implied, including, but not limited to any implied warranties of title, merchantability, fitness for a particular purpose and non-infringement;
LifeSpring Counseling and our subsidiaries, officers, employees, agents, partners, and licensors make no such warranties that:

a. LifeSpring Counseling’s Site or Site Content will meet your requirements;

b. access to LifeSpring Counseling’s Site and/or any Site Content shall be uninterrupted, timely, secure, or error-free;

c. that such results which may be obtained from the use of the LifeSpring Counseling Site and/or Site Content will be accurate or reliable;

d. the quality of any Site Content or other material which may be purchased or obtained by you through our site will meet your expectations; and

e. that any such errors contained on our Site within any Site Content shall be corrected

3. Any information or material downloaded or otherwise obtained by way of our Site shall be accessed by your sole discretion and sole risk, and as such you shall be solely responsible for and hereby waive any and all claims and causes of action with respect to any damage to your computer and/or internet access, downloading and/or displaying, or for any loss of data that could result from the download of any such information or material;

4. No advice and/or information, despite whether written or oral, that may be obtained by your from our Site or by way of or from any Site Content shall create any warranty not expressly stated in this Terms of Use Agreement;

5. A small percentage of some Users may experience some degree of epileptic seizure when exposed to certain light patterns or backgrounds that may be contained on a computer screen or while using the Site. Certain conditions may induce a previously unknown condition or undetected epileptic symptom in Users who have shown no history of any prior seizure or epilepsy. Should you, anyone you know, or anyone in your family have an epileptic condition, please consult a physician if you experience any of the following symptoms while using our services: dizziness, altered vision, eye or muscle twitches, loss of awareness, disorientation, any involuntary movement, or convulsions.

Limitation of Liability

You explicitly acknowledge, understand, and agree that LifeSpring Counseling and our subsidiaries, affiliates, officers, employees, agents, partners, and licensors shall not be liable to you for any punitive, indirect, incidental, special, consequential, or exemplary damages, including, but not limited to, damages which may be related to the loss of any profits, goodwill, use, data, and/or other intangible losses, even though we may have been advised of such possibility that said damages may occur, and result from:

the use or inability to use our Site or access Site Content;
unauthorized access to or the alteration of your transmissions and/or data;
statements or conduct of any such third party regarding our Site and any Site Content;
and any other matter which may be related to the Site or Site Content provided therein.

Release

In the event you have a dispute, you agree to release LifeSpring Counseling (and its officers, directors, employees, agents, parent subsidiaries, affiliates, co-branders, partners, and any other third parties) from claims, demands, and damages (actual and consequential) of every kind and nature, known and unknown, suspected or unsuspected, disclosed and undisclosed, arising out of or in any way connected to such dispute.

Indemnity

All Users of the Site herein agree to insure and hold LifeSpring Counseling, our subsidiaries, affiliates, agents, employees, officers, partners, and/or licensors blameless or not liable for any claim or demand, which may include, but is not limited to, the use of LifeSpring Counseling’s Site Content, your violations of the Terms of Use Agreement, and/or your violation of any such rights of another person.

Exclusion and Limitations

There are some jurisdictions which do not allow the exclusion of certain warranties or the limitation of exclusion of liability for incidental or consequential damages. Therefore, some of the above limitations of sections warranty disclaimers and limitation of liability may not apply to you.

Commercial Reuse of Services

The user herein agrees not to replicate, duplicate, copy, trade, sell, resell nor exploit for any commercial reason any part, use of, or access to the Site.

Advertisers

Any correspondence or business dealings with, or the participation in any promotions of, advertisers located on or through the Site or contained in any Site Content, and any such other term, condition, warranty and/or representation associated with the Site Content, are and shall be solely between you and any such advertiser. Moreover, you herein agree that LifeSpring Counseling shall not be held responsible or liable for any loss or damage of any nature or manner incurred as a direct result of any such dealings or as a result of the presence of such advertisers on our Site.

Links

At times we may provide links to other websites and/or resources. Thus, you acknowledge and agree that we are not responsible for the availability of any such external sites or resources, and as such, we do not endorse nor are we responsible or liable for any content, products, advertising or any other materials, on or available from such third party sites or resources. Furthermore, you acknowledge and agree that LifeSpring Counseling shall not be responsible or liable, directly or indirectly, for any such damage or loss which may be a result of, caused or allegedly to be caused by or in connection with the use of or the reliance on any such content, or any part of the Site Content made available on or through any such site or resource

Proprietary Rights

All content and materials available on the Site, including but not limited to text, graphics, website name, code, images and logos are the intellectual property of LifeSpring Counseling, and are protected by applicable copyright and trademark law. Any inappropriate use, including but not limited to the reproduction, distribution, display or transmission of any content on this site is strictly prohibited, unless specifically authorized by LifeSpring Counseling.

Third Party Beneficiaries

You herein acknowledge, understand and agree, unless otherwise expressly provided in this Terms of Use Agreement, that there shall be no third-party beneficiaries to this agreement.

Notice

LifeSpring Counseling reserves the right, but shall not be required, to furnish you with notices, including those with regards to any changes to the Terms of Use Agreement, including but not limited to email, regular mail, MMS or SMS, text messaging, postings on the Site, or other reasonable means currently known or any which may be herein after developed. Any such notices may not be received if you violate any aspects of this Terms of Use Agreement by accessing the Site and the Site Content in an unauthorized manner. Your acceptance of this Terms of Use Agreement constitutes your agreement that you are deemed to have received any and all notices that would have been delivered had you accessed our Site and Site Content in an authorized manner.

Trademark Information

You herein acknowledge, understand, and agree that all of LifeSpring Counseling’s trademarks, copyright, trade name, service marks, and other LifeSpring Counseling logos and any brand features, and/or product and service names are trademarks and as such, are and shall remain the property of LifeSpring Counseling. You herein agree not to display and/or use in any manner the LifeSpring Counseling logo or marks without obtaining LifeSpring Counseling’s prior written consent.

Copyright or Intellectual Property Infringement Claims Notice & Procedures

All Site Content featured and contained on our Site, including but not limited to text, graphics, website name, code, images, and logos are the intellectual property of LifeSpring Counseling Services, and are protected by applicable copyright and trademark law. Any inappropriate use, including but not limited to the unauthorized reproduction, distribution, display or transmission of any content on this Site is strictly prohibited.

LifeSpring Counseling Services will always respect the intellectual property of others. If you feel that any Content on the Site is your work and/or has been duplicated in such a way that would constitute copyright infringement, or if you believe your intellectual property rights have been otherwise violated, you should contact us in writing and provide the following information:

a) The electronic or the physical signature of the individual that is authorized on behalf of the owner of the copyright or other intellectual property interest;

b) A description of the copyrighted work or other intellectual property that you believe has been infringed upon;

c) A description of the location of the site which you allege has been infringing upon your work;

d) Your physical address, telephone number, and email address;

e) A statement in, which you state that the alleged and disputed use of your work is not authorized by the copyright owner, its agents, or the law;

f) And finally, a statement, made under penalty of perjury, that the aforementioned information in your notice is truthful and accurate, and that you are the copyright or intellectual property owner, representative, or agent authorized to act on the copyright or intellectual property owner’s behalf.

Please provide the above information and contact us at the following address:

LifeSpring Counseling Services, LLC
Attn: Melissa Wesner
14815 Manor Road
Monkton, MD 21111

Telephone: 410-205-5123
Email: Melissa@lifespringcounseling.net

Entire Agreement

This Terms of Use Agreement constitutes the entire agreement between you and LifeSpring Counseling and shall govern the use of our Site and access of any Site Content, superseding any prior version of any other Terms of Service or Terms of Use Agreements between you and us with respect to LifeSpring Counseling’s website(s), including this Site. You may also be subject to additional terms and conditions that may apply when/if you access, se, or purchase certain other services, content, or resources as may be provided by LifeSpring Counseling, third-party content, or third-party resources.

Governing Law

It is at the mutual agreement of both you and LifeSpring Counseling with regard to this Terms of Use Agreement that the relationship between the parties shall be governed by the laws of the state of Maryland without regard to its conflict of law provisions and that any and all claims, causes of action and/or disputes, arising out of or relating to the TOS, or the relationship between you and LifeSpring Counseling.

This website is controlled by LifeSpring Counseling from our offices located in the state of Maryland, in the United States of America. It can be accessed by most countries around the world. As each country has laws that may differ from those of Maryland, by accessing our website, you agree that the statutes and laws of Maryland, without regard to the conflict of laws and the United Nations Convention on the International Sales of Goods, will apply to all matters relating to the use of this Site, and access and use of any Site Content, and/or the purchase of any products or services through this Site.

Furthermore, any action to enforce this Terms of Use Agreement shall be filed within the courts having jurisdiction within the County of Baltimore County, Maryland or the U.S. District Court located in Maryland. You and LifeSpring Counseling agree to submit to the jurisdiction of the courts as previously mentioned, and agree to waive any and all objections to the exercise of jurisdiction over the parties by such courts and to venue in such courts.

Waiver and Severability of Terms

At any time, should LifeSpring Counseling fail to exercise or enforce any right or provision of the Terms of Use Agreement, such failure shall not constitute a waiver of such right or provision. If any provision of this Terms of Use Agreement is found by a court of competent jurisdiction to be invalid, the parties nevertheless agree that the court should endeavor to give effect to the parties' intentions as reflected in the provision, and the other provisions of the Terms of Use Agreement remain in full force and effect.

Statute of Limitations

You acknowledge, understand and agree that regardless of any statute or law to the contrary, any claim or action arising out of or related to the use of our Site and/or Site Content or the Terms of Use Agreement must be filed within three (3) year(s) after said claim or cause of action arose or shall be forever barred.