Terms of Use

Terms of Use

Effective August 2015

emoWellness is a service that helps grieving individuals and groups heal their pain and move beyond their grief. We also help clients learn to build healthy relationships and improve their quality of life. The Terms of Use govern the use of the emoWellness website and any services, applications, documents, and software, and all its versions and formats, online and mobile (collectively called the “Site”) made available on the emoWellness website. The Site is owned by emoWellness Inc., which also operates under the domain names of www.emoWellness.com, www.comfortmethod.com, and www.comfortmethod.net (collectively with emoWellness, Inc., called the “Company”).

In some instances, the Company may offer special features or offers that has its own terms and conditions that apply in addition to these Terms of Use. In those cases, the terms specific to the special feature control, to the extent there is a conflict with these Terms of Use. These special features and offers may include access to workshops, books and other publications, therapy sessions, and tele-mental health sessions.

ARBITRATION NOTICE: THIS TERMS OF USE CONTAINS AN ARBITRATION PROVISION, AND YOU AGREE THAT DISPUTES BETWEEN YOU AND THE COMPANY WILL BE RESOLVED BY BINDING, INDIVIDUAL ARBITRATION AS DESCRIBED IN THIS TERMS OF USE. BY ACCEPTING THE TERMS OF USE AND THE ARBITRATION PROVISION DESCRIBED HEREIN, YOU WAIVE YOUR RIGHT TO PARTICIPATE IN A CLASS ACTION LAWSUIT, CLASS-WIDE ARBITRATION, OR JURY TRIAL.

Acceptance of Terms

By accessing or using the Service, you agree that you have read, understand, and agree to be bound by the Terms of Use. The Terms of Use affects your legal rights and obligations. It is a legal agreement between you and emoWellness Inc., also referred to as “us,” “we,” or “Company.” If you do not agree to be bound by all of the Terms of Use, do not access or use the Site.

The Company reserves the right to make unilateral modifications to the Terms of Use and will provide notice of these changes as described herein. The Terms of Use applies to all visitors, users, and others who access the Site and who are collectively referred to as “you” or “Users.”

Please read the Terms of Use carefully to ensure that you understand the Terms of Use. The Terms of Use contains a mandatory arbitration of disputes provision that requires the use of arbitration on an individual basis to resolve disputes, rather than by jury trials or class actions. The Terms of Use also limits the remedies available to you in the event of a dispute.

Eligibility

Any registration by, use of or access to the Site by anyone under 18 is unauthorized, unlicensed and in violation of the Terms of Use. By using the Site, you represent and warrant that you are 18 years of age or older and that you are fully able to enter into and abide by all of the terms and conditions of the Terms of Use. Your account may be terminated and any information you have provided may be deleted if we believe you are less than 18 years of age. You may use the Site only in compliance with the Terms of Use and all applicable local, state, national, and international laws, rules and regulations. Access to the Site is not available to any Users previously removed by the Company.

Service

Subject to the terms and conditions of the Terms of Use, you are hereby granted a non-exclusive, limited, non-transferable, freely revocable license to use the Site as permitted by the Terms of Use. To access some features of the Site, you must create an individual account, and you must not use any other person’s account without permission. As a requirement of creating your individual account, you agree to provide accurate and complete information; to maintain the security of your password and identification; to maintain and promptly update any information you provide; and be responsible for your account and for any actions that take place using your account. You agree to notify us immediately of any unauthorized use of or any breach of security of your account. We may terminate this license at any time with or without cause.

By providing us with your email address, you authorize us to use the email address provided to send you information related to the Site, in lieu of sending the information by postal mail. This information may include notices required by law, updates to our policies, and/or new information regarding Site features.

We may, without prior notice, change the Site or terminate access to the Site. We may permanently or temporarily terminate or suspend your access to the Site without notice and without liability, with or without cause. Upon termination or suspension, you continue to be bound by the Terms of Use.

Although it is the Company’s intention to provide convenient and interrupted access to the Site, there may be occasions when the Site may be interrupted, including, without limitation, for scheduled maintenance or upgrades, for emergency repairs, or due to the failure of telecommunications links and/or equipment. The Company urges you not to rely on the Site for content backup or storage. The Company will not be liable to you for any modification, suspension, or discontinuation of the Site, or the loss of any content owned by you or any other party. You also acknowledge that the internet and the Site may be subject to breaches of security and that the submission of content or participation in services via the Site may not be secure.

You agree that your use of or participation in the Site does not create a professional, confidential, fiduciary, or any other type of special relationship with Company.

You are solely responsible for your interactions and communications with other Users, whether online or offline. Any Terms of Use you enter into with other Users are solely between you and that User, and the Company is not a party thereto. We reserve the right, but have no obligation, to monitor disputes between you and other Users. However, we shall have no liability for your interactions with other Users or for any profile or content, or for any User’s action or inaction.

You agree that you are responsible for all data charges you incur through use of the Site.

Notices and Disclaimers

The Terms of Use, and any rights and licenses granted herein, may not be transferred or assigned by you, but may be assigned by us without restriction. Any attempted transfer or assignment in violation hereof shall be null and void.

If you believe that your copyrighted work has been copied in a way that constitutes copyright infringement and is accessible via the Site, please notify us as set forth in the Digital Millennium Copyright Act.

The information on this Site is provided “as is” without warranties of any kind. We do not represent, warrant, guarantee, or assume responsibility for any services and products provided by a third party via this Site.

The Terms of Use, together with any amendments and additional Terms of Uses shall constitute the entire Terms of Use between you and the Company, superseding any prior Terms of Uses between you and the Company relating to your use of the Site. If any provision of the Terms of Use is deemed invalid by a court of competent jurisdiction, the invalidity of such provision shall not affect the validity of the remaining provisions of the Terms of Use, which shall remain in full force and effect.

No waiver of any term of the Terms of Use shall be deemed a further or continuing waiver of such term or any other term, and our failure to assert any right or provision under the Terms of Use shall not constitute a waiver of such right or provision.

These terms may not be assigned or transferred, by operation of law or otherwise, without the prior written consent of the Company. Any attempt to assign or transfer these terms, without consent, will be null and void. We may assign or transfer these terms, at our sole discretion, without any restriction whatsoever. Subject to the foregoing language, these terms bind and inure to the benefit of the parties, their successors and assigns.

Indemnity

You agree to indemnify and hold the Company, its subsidiaries and affiliates, and each of their directors, officers, agents, contractors, partners and employees, harmless from and against any loss, liability, claim, demand, damages, costs and expenses, including reasonable attorneys’ fees, arising out of or in connection with any User content or any third party content you share on or through the Site.

Limitation of Liability

In no event will the Company or its directors, employees, or agents be liable to you or any third person for any lost profits, lost or stolen data, costs, materials, personal injury, property damage, or any other damages arising from your use of the Site or any of the Site content. You agree that you will be entitled to injunctive relief only, unless permitted by law and that you shall not be entitled to damages of any kind from the Company, regardless of the cause of action. Notwithstanding anything to the contrary contained herein, you agree that any claim you may have arising out of or related to your relationship with the Company must be filed within one year after such claim arose; otherwise your claim is permanently barred.

Entire Agreement

You agree that the Terms of Use constitute the entire agreement between you and the Company. If any provision of the Terms of Use is found by a court of competent jurisdiction to be invalid or otherwise unenforceable, the parties nevertheless agree that such portion will be deemed severable from the Terms of Use and will not affect the validity and enforceability of the remaining provisions, and the remaining provisions of the Terms of Use remain in full force and effect. No waiver of the Terms of Use will be deemed a further or continuing waiver of such term or condition or any other term or condition.

Governing Law

You agree that the Company shall be deemed solely based in North Carolina and that the Terms of Use shall be governed by the internal substantive laws of the State of North Carolina, without respect to its conflict of laws principles. You agree to submit to the personal jurisdiction of the federal and state courts located in North Carolina for any actions for which we retain the right to seek injunctive or other equitable relief in a court of competent jurisdiction. With respect to any claims not subject to arbitration, you agree that North Carolina is the proper forum for any appeals or for any trial court proceedings.

Arbitration 

YOU AND THE COMPANY AGREE THAT THE SOLE AND EXCLUSIVE FORUM AND REMEDY FOR ANY AND ALL DISPUTES AND CLAIMS RELATING IN ANY WAY TO OR ARISING OUT OF THE TERMS OF USE AND THE SITE, WHETHER BY CONTRACT OR BY TORT, SHALL BE FINAL AND BINDING ARBITRATION, EXCEPT THAT NOTHING IN THIS SECTION SHALL BE DEEMED AS PREVENTING THE COMPANY FROM SEEKING INJUNCTIVE OR OTHER EQUITABLE RELIEF FROM THE COURTS TO PROTECT THE COMPANY’S PROPRIETARY INTERESTS.

Arbitration shall be conducted by the American Arbitration Association, referred to as “AAA” under its Commercial Arbitration Rules and, in the case of consumer disputes, the AAA’s Supplementary Procedures for Consumer Related Disputes. The arbitration shall be conducted in North Carolina, and the allocation of costs and fees for such arbitration shall be determined in accordance with the AAA Rules and shall be subject to the limitations provided for in the AAA Consumer Rules. The arbitrator’s award shall be binding and may be entered as a judgment in any court of competent jurisdiction.

To the fullest extent permitted by applicable law, no arbitration or claim under the Terms of Use shall be joined to any other arbitration or claim, including any arbitration or claim involving any other current or former User of the Site, and no class arbitration proceedings shall be permitted. This arbitration provision shall survive the termination of any or all of your interactions with the Company.

Class Action and Jury Trial Waiver

All claims must be brought in the party’s individual capacity, and not as a class member in any class or representative proceeding. Unless the Company agrees otherwise, the arbitrator shall not consolidate more than one person’s claim. You agree that, by entering into this Terms of Use, you and the Company are each waiving the right to a trial by jury or to participate in a class action.