Terms & Conditions
Last updated: May 2024
Overview
This agreement (this “Agreement”) sets forth the terms and conditions and is a legal agreement between you (“user”, “you”, “your”) and Elite Psychology and Wellness, PLLC (“Elite Psychology and Wellness”, “We”, “Our”, Us”). This Agreement manages your use of the Elite Psychology and Wellness website www.elitepsychologyandwellness.com (the “Site”) and all its social media accounts, the purchase or access of the Site’s services, its courses, advice, resources, coaching and support (“Services”).
Elite Psychology and Wellness, PLLC is a mental health group practice. The services provided by Elite Psychology and Wellness, can include all or some, individual counseling sessions, group counseling sessions, sports performance counseling, online courses, mental health resources, coaching services, education, and support are referred to as the “Service”. Use of Elite Psychology and Wellness and www.elitepsychologyandwellness.com including all materials presented herein and all online services provided on the Site and social media, is subject to the following Terms and Conditions. These Terms & Conditions apply to all Site visitors, customers, and all other users of the Site. By using the Site or Service, and/or ordering a product from the Site, you agree to these Terms & Conditions, without modification, and acknowledge reading them.
By using the Site, submitting information, and purchasing services from this Site, you indicate that you have read, understand, and agree to these Terms and Conditions and agree to abide by them at all times. If you do not agree with or accept these Terms and Conditions, you should stop using the Site immediately.
The Site and all materials on the Site are the property of Elite Psychology and Wellness, PLLC and are protected by copyright and trademark law. All rights are reserved and nothing on the Site can be used without our permission. All rights reserved.
Use of the Site and the Services
To access and/or use the Site and Services, you must be 18 years or older and have the authority to enter into these Terms and Conditions. Minors under the age of 18 are prohibited from using the Site.
When you create an account on our Site, you agree to the following: you are solely responsible for your account and the security and privacy of your account, including passwords or sensitive information attached to your account and all personal information you provide to us through your account is up to date, accurate, and truthful and that you will update your personal information if it changes.
To use portions of the Site and to purchase Services, you will be required to provide a credit card, banking and/ or other personal information, including personal data such as your name, phone number, and address. You agree to provide information regarding this as true, accurate, complete, current, and not misleading.
To purchase Services from the Site or receive communication from the Site, you are required to provide information about yourself, including but not limited to, your name, email address, phone number, address, and other personal information. You agree that any registration information you give to us will always be accurate and correct and you will not provide account information other than your own and you agree to not violate any laws in your jurisdiction. We reserve the right to refuse service or temporarily or permanently suspend service at any time for any reason.
We reserve the right to refuse any order you place with us at any time and for any reason. We may cancel or limit restriction to your order at any time for any reason and especially if we feel you may be in violation of upholding our terms and conditions. If we do decide to limit or cancel an order made by you, we will attempt to contact you by the email address you provided to us.
Some Services on this Site may be available to you only online and have limited registration slots. We reserve the right to limit the quantity of any Service on the Site that we offer. All descriptions of Services, pricing and availability are subject to change without notice and at any time. We also reserve the right to discontinue Services at any time and without notice. All Services are intended for your personal, non-commercial use and you agree to not share the Services.
All prices for Services on the Site are listed in U.S. dollars. If you purchase our Services, then you are agreeing to pay the amount listed, and we will charge you for said amount. You will be able to make payment by credit card or other methods of payment offered by the Site. We reserve the right to change our prices for Services at any time and without notice to you.
Payment for Services purchased on our Site may be paid by an authorized credit card. We use a third-party credit card processing company to process these fees. You agree that the credit card processing company, and not us, will be responsible for any errors made in processing fees. When you provide your credit card information, you authorize that you are permitted to use the credit card you are using, and that all information and billing information is current and correct. If you have any questions about a charge on your credit card you can provide written notice to us. You agree that you will not exercise any chargeback rights you may have by your credit card company, financial institution, or third party credit card processing company we use to process payment on our Site. If you deliberately or inadvertently issue a chargeback to your credit card, we reserve the right to terminate your account, present acceptance of these Terms and Conditions to any third party investigating this dispute, and you agree to pay us any standard fees we may accrue.
We do not provide refunds. Once a purchase is made for our Services (online course or coaching package) these Services are not eligible for a refund.
The communication between you and us is through electronic means, whether you use the Site, use our contact forms, send us email communication, or post comments to the Site, or through our social media, or we post notices on the Site or communicate with you via email. By doing so, you consent to receive communications from us in electronic form and agree that all terms and conditions, agreements, notices, disclosures, and other communications that we provide to you electronically satisfy any legal requirements such communications would satisfy if it were in writing. We do not guarantee that email is sent or transmitted without error or is not held privileged or confidential and may be subject to viewing to viewing or distribution by third parties. We own all communication and material displayed on our Site by emails, comments, posts, and will not give credit for this material.
From time to time while using our Site and Services we will communicate with you through SMS, MMS, and email. By clicking subscribe to our consent, you agree to receive recurring information SMS, MMS and email messages from Elite Psychology and Wellness. Your click on such forms is your electronic signature and you agree for us to send your electronic messages on your mobile phone or landline device. You understand that consenting to receive SMS messages is not a condition of purchase or service. You also understand there is a standard rate subscription service available on most carriers, Msg & Data Rates May Apply. You can also request additional information by texting HELP or sending an email to info@elitepsychologyandwellness.com. Service will continue until you opt out. Messaging frequency will vary. Subscription may be canceled by texting STOP.
No mobile information will be shared with third parties/ affiliates for marketing/promotional purposes. All the above categories exclude text messaging originator opt-in-data and consent; this information will not be shared with any third parties except for billing purposes.
When you receive text messages from us or sign up for our mailing list, you are registering to receive SMS and email communication from us. If you chose to later opt out of this service, you can contact us to request to have your name removed from our SMS and mailing list. When you sign up for our SMS and mailing list you agree to receive SMS and email communication from us with regard to special offerings and programs and services we offer. If you provide your information to us, you are consenting to agree to our Terms and Conditions and our Privacy Policy and agree to receive communication from us. It is then your responsibility to opt out of any future communication should you want to.
Confidentiality and Privacy Policy
The law protects the relationship between a client and a counselor, and information cannot be disclosed without written permission.
Exceptions to the Confidentiality & Privacy Policy include:
Suspected child abuse or dependent adult or elder abuse, for which we are required by law to report to the appropriate authorities immediately.
If a client is threatening serious bodily harm to another person/s, we must notify the police and inform the intended victim.
If a client intends to harm him or herself, we will make every effort to enlist their cooperation in ensuring their safety. If they do not cooperate, we will take further measures without their permission that are provided to us by law in order to ensure their safety.
If a therapist at Elite Psychology and Wellness is subpoenaed along with their record, we must follow the order of the subpoena.
Disclaimer
We make no warranty that the information provided, on this Site, regardless of its source, is accurate, complete, current or free from error. We disclaim all liability for any inaccuracy or error on the Site.
The Site and Services or other materials we may provide to you are for educational purposes and is not intended to diagnose or treat any medical condition. The Site and Services are not a substitute for medical advice, diagnosis, treatment or medical care and is not a substitute for working with a licensed and qualified medical professional such as a fertility doctor, licensed mental health professional, licensed nutritionist, or other qualified medical or mental health professional. You agree to use our services or other resources together with your medical team and agree to consult with your fertility doctor or other qualified medical/mental health professional. We cannot and do not guarantee the outcomes of any statements or recommendations provided on this Site. If you or someone you know is having any medical emergency, you should call 911 or go to your nearest emergency room for immediate assistance. Do not rely on the Site or the Services for assistance in these cases.
You agree that we shall not be liable for any damage, loss, or expense of any kind arising out of or resulting from your use of the content or information on the Site. There are no guarantees made by us about the information or recommendations on the Site or the Services. You acknowledge that we have not made a guarantee for any particular result by continuing to use the Site. You acknowledge that following any information or recommendations on the Site or Services is completely at your own risk.
Some of the links on this website may be affiliate links, which means that we may receive a commission if you click on the link and make a purchase. We only recommend products and services we know and trust regardless of if an affiliate relationship exists or not.
We make every reasonable effort to provide you with modern and reliable technology and software to use our Site and Services. In the event of a technological failure, you acknowledge that we are not in any way responsible or held liable for such a failure. You understand that some technological issues are out of our control and we are not held liable for such.
Intellectual Property
All content published and made available on this Site is the property of Elite Psychology and Wellness, PLLC and the Site’s creators. This includes, but is not limited to written content, products, images, text, logos, documents, downloadable files and anything that contributes to the composition of our Site. The materials contained on the Site is protected by applicable copyright and trademark law. You may not modify, publish, transmit, participate in the transfer or sale of, distribute, display, reproduce any of the content of the Site or the Service, in whole or in part without our written consent. You may not remove any trademark, copyright, or other notice from the content of the Site or the Service. You do not have the right to reprint any of the materials on the Site or affiliated social media accounts including selling or sharing this material or using the Services without obtaining written permission from us.
We reserve the right to immediately remove you from the Site and any purchases from our Services, without refund, and to pursue all available legal remedies against you if you are in violation of this policy.
Your Participation on the Site
You shall not post or transmit through the Site any material which violates or infringes the rights of others, or which is threatening, abusive, defamatory, invasive of privacy or publicity rights, vulgar, obscene, profane or otherwise objectionable, contains injurious formulas, recipes, or instructions, which encourages conduct that would constitute a criminal offense, give rise to civil liability or otherwise violate any law.
You shall not upload, post or otherwise make available on the Site any materials protected by copyright or trademark without the written permission of the owner. We are not responsible for determining if any materials are not protected and you are liable for any damage resulting from any infringement of copyrights or trademarks, or any other harm resulting from such a submission and shall indemnify us from any claim against us resulting from your posting of such materials to the Site. We reserve the right to remove from the Site (and our social media) any materials submitted by you that we deem inappropriate for the Site (and our social media) or that appears to violate these Terms and Conditions.
Third Party Resources
The Site and Services may contain links to third party websites and resources and other companies to make their products and services available to you. You acknowledge and agree that we are not responsible or liable for the availability, accuracy, content or policies of third-party websites or resources. Links to such websites or resources do not imply any endorsement by or affiliation with us. We are not responsible for and have no liability for the privacy or other practices of any third party. You acknowledge sole responsibility for and assume all risk arising from your use of any such websites or resources. We disclaim any and all liability as a result of your purchase through these links, including but not limited to, the delivery, quality and safety of the purchased product or service.
Limitation of Liability
Elite Psychology and Wellness, PLLC and our directors, officers, agents, employees, subsidiaries, and affiliates will not be liable for any actions, claims, losses, damages, liabilities, and expenses including legal fees from your use of the Site. We cannot predict when or if issues may arise with our Services. Accordingly, our liability shall be limited to the fullest extent permitted by applicable law, and under no circumstance will we be liable to you for any lost profits, revenues, information, or data, or consequential, special, indirect, exemplary, punitive, or incidental damages arising out of our related to these Terms and Conditions or our Services, even if we have been advised of the possibility of such damages.
Indemnity
Except where prohibited by law, by using the Site you indemnify and hold harmless Elite Psychology and Wellness, PLLC and our directors, officers, agents, employees, subsidiaries, and affiliates will not be liable for any actions, claims, losses, damages, liabilities and expenses including legal fees from your use of the Site or your violation of these Terms and Conditions.
Applicable Law
These Terms and Conditions are governed by the laws of the United States and the State of Arizona. We make no representation that the Site or Services are appropriate or available for use in locations outside of the United States. If you choose to access our use the Site from locations outside of the United States, you so at your own risk and are responsible for compliance with all applicable laws of the United States and local laws and regulations.
Severability
If at any time any of the provisions set forth in these Terms and Conditions are found to be inconsistent or invalid under applicable laws, those provisions will be deemed void and will be removed from these Terms and Conditions. All other provisions will not be affected by the removal and the rest of these Terms and Conditions will still be considered valid.
Changes to Terms and Conditions
These Terms and Condition may be amended at any time to maintain compliance with the law and to reflect any changes to the way we operate our Site and the way we expect users to behavior on our Site. Such amendments are effective immediately upon notice to you by us posting the new Terms and Conditions on this Site. Any use of the Site or Service by you after being notified means you accept these amendments. We reserve the right to update any portion of our Site and Services, including these Terms and Conditions at any time. We will post the most recent versions to the Site.