Terms of Use

WITHOUT LIMITING ANY OTHER PROVISION OF THIS AGREEMENT, COMPANY RESERVES THE

RIGHT TO, IN COMPANY’S SOLE DISCRETION AND WITHOUT NOTICE OR LIABILITY, DENY

ACCESS TO AND USE OF THE WEBSITE AND THE COMPANY SERVICES, TO ANY PERSON FOR

ANY REASON OR FOR NO REASON AT ALL, INCLUDING WITHOUT LIMITATION FOR BREACH OF

ANY REPRESENTATION, WARRANTY OR COVENANT CONTAINED IN THIS AGREEMENT, OR OF

ANY APPLICABLE LAW OR REGULATION, AND COMPANY MAY TERMINATE YOUR USE OR

PARTICIPATION IN THE WEBSITE AND THE COMPANY SERVICES, DELETE YOUR PROFILE AND

ANY CONTENT OR INFORMATION THAT YOU HAVE POSTED AT ANY TIME, WITHOUT WARNING,

IN COMPANY’S SOLE DISCRETION.

In order to protect the integrity of the Website and Company Services, Company reserves the right at any time in its sole discretion to block certain IP addresses from accessing the Website and Company

Services. Any provisions of this Agreement that, in order to fulfill the purposes of such provisions, need to survive

the termination or expiration of this Agreement, shall be deemed to survive for as long as necessary to

fulfill such purposes.

YOU UNDERSTAND THAT CERTAIN STATES ALLOW YOU TO CANCEL THIS AGREEMENT,

WITHOUT ANY PENALTY OR OBLIGATION, AT ANY TIME PRIOR TO MIDNIGHT OF COMPANY’S

THIRD BUSINESS DAY FOLLOWING THE DATE OF THIS AGREEMENT, EXCLUDING SUNDAYS

AND HOLIDAYS. TO CANCEL, CALL A COMPANY CUSTOMER CARE REPRESENTATIVE DURING

NORMAL BUSINESS HOURS USING THE CONTACT INFORMATION LISTING BELOW IN THIS

AGREEMENT OR BY ACCESSING YOUR ACCOUNT SETTINGS. THIS SECTION APPLIES ONLY TO

INDIVIDUALS RESIDING IN STATES WITH SUCH LAWS.

If Company terminates or suspends your account for any reason, you are prohibited from registering and

creating a new account under your name, a fake or borrowed name, or the name of any third party, even

if you may be acting on behalf of the third party. In addition to terminating or suspending your account,

Company reserves the right to take appropriate legal action, including without limitation pursuing civil,

criminal, and injunctive redress.

MODIFICATIONS

To Agreement

Company may modify this Agreement from time to time. Any and all changes to this Agreement will be

posted on the Website and revisions will be indicated by date. You agree to be bound to any changes to

this Agreement when you use the Company Services after any such modification becomes effective.

Company may also, in its discretion, choose to alert all users with whom it maintains email information of

such modifications by means of an email to their most recently provided email address. It is therefore

important that you regularly review this Agreement and keep your contact information current in your

account settings to ensure you are informed of changes. You agree that you will periodically check the

Website for updates to this Agreement and you will read the messages we send you to inform you of any

changes. Modifications to this Agreement shall be effective after posting.

To Services

Company reserves the right at any time to modify or discontinue, temporarily or permanently, the

Company Services (or any part thereof) with or without notice. You agree that Company shall not be

liable to you or to any third party for any modification, suspension or discontinuance of the Company

Services.

DISPUTES

Between Users

If there is a dispute between users of the Website, or between users and any third party, you understand

and agree that Company is under no obligation to become involved. In the event that you have a dispute

with one or more other users, you hereby release Company, its officers, employees, agents and

successors in rights from claims, demands and damages (actual and consequential) of every kind or

nature, known or unknown, suspected and unsuspected, disclosed and undisclosed, arising out of or in

any way related to such disputes and/or the Company Services.

With Company

All questions of law, rights, and remedies regarding any act, event or occurrence undertaken pursuant or

relating to this Website or the Company Services shall be governed and construed by the laws of the

State of Texas, excluding such state’s conflicts of law rules. Any legal action of whatever nature by or

against Company arising out of or related in any respect to this Website and the Company Services shall

be brought solely in either the applicable federal or state courts located in or with jurisdiction over Dallas

County, State of Texas; subject, however, to the right of Company, at the Company's sole discretion, to

bring an action to seek injunctive relief to enforce this Agreement or to stop or prevent an infringement of

proprietary or other third party rights (or any similar cause of action) in any applicable court in any

jurisdiction where jurisdiction exists with regard to a user. You hereby consent to (and waive any

challenge or objection to) personal jurisdiction and venue in the above-referenced courts. Application of

the United Nations Convention on Contracts for the International Sale of Goods is excluded from this

Agreement. Additionally, application of the Uniform Computer Information Transaction Act (UCITA) is

excluded from this Agreement. In no event shall any claim, action or proceeding by you related in any

way to the Website and/or the Company Services (including your visit to or use of the Website and/or the

Company Services) be instituted more than two (2) years after the cause of action arose. You will be

liable for any attorneys' fees and costs if we have to take any legal action to enforce this Agreement.

CORRECTIONS

Occasionally there may be information on the Website that contains typographical errors, inaccuracies or

omissions that may relate to service descriptions, pricing, availability, and various other information.

Company reserves the right to correct any errors, inaccuracies or omissions and to change or update the

information at any time, without prior notice.

DISCLAIMERS

Company cannot control the nature of all of the content available on the Website. By operating the

Website, Company does not represent or imply that Company endorses any blogs, contributions or other

content available on or linked to by the Website, including without limitation content hosted on third party

websites or provided by third party applications, or that Company believes contributions, blogs or other

content to be accurate, useful or non-harmful. We do not control and are not responsible for unlawful or

otherwise objectionable content you may encounter on the Website or in connection with any

contributions. The Company is not responsible for the conduct, whether online or offline, of any user of

the Website or Company Services.

YOU AGREE THAT YOUR USE OF THE WEBSITE AND COMPANY SERVICES WILL BE AT YOUR

SOLE RISK. TO THE FULLEST EXTENT PERMITTED BY LAW, COMPANY, ITS OFFICERS,

DIRECTORS, EMPLOYEES, AND AGENTS DISCLAIM ALL WARRANTIES, EXPRESS OR IMPLIED, IN

CONNECTION WITH THE WEBSITE AND THE COMPANY SERVICES AND YOUR USE THEREOF,

INCLUDING, WITHOUT LIMITATION, THE IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS

FOR A PARTICULAR PURPOSE AND NON-INFRINGEMENT. COMPANY MAKES NO WARRANTIES

OR REPRESENTATIONS ABOUT THE ACCURACY OR COMPLETENESS OF THE WEBSITE’S

CONTENT OR THE CONTENT OF ANY WEBSITES LINKED TO THIS WEBSITE AND ASSUMES NO

LIABILITY OR RESPONSIBILITY FOR ANY (A) ERRORS, MISTAKES, OR INACCURACIES OF

CONTENT AND MATERIALS, (B) PERSONAL INJURY OR PROPERTY DAMAGE, OF ANY NATURE

WHATSOEVER, RESULTING FROM YOUR ACCESS TO AND USE OF OUR WEBSITE, (C) ANY

UNAUTHORIZED ACCESS TO OR USE OF OUR SECURE SERVERS AND/OR ANY AND ALL

PERSONAL INFORMATION AND/OR FINANCIAL INFORMATION STORED THEREIN, (D) ANY

INTERRUPTION OR CESSATION OF TRANSMISSION TO OR FROM THE WEBSITE OR COMPANY

SERVICES, (E) ANY BUGS, VIRUSES, TROJAN HORSES, OR THE LIKE WHICH MAY BE

TRANSMITTED TO OR THROUGH THE WEBSITE BY ANY THIRD PARTY, AND/OR (F) ANY ERRORS

OR OMISSIONS IN ANY CONTENT AND MATERIALS OR FOR ANY LOSS OR DAMAGE OF ANY

KIND INCURRED AS A RESULT OF THE USE OF ANY CONTENT POSTED, TRANSMITTED, OR

OTHERWISE MADE AVAILABLE VIA THE WEBSITE. COMPANY DOES NOT WARRANT, ENDORSE,

GUARANTEE, OR ASSUME RESPONSIBILITY FOR ANY PRODUCT OR SERVICE ADVERTISED OR

OFFERED BY A THIRD PARTY THROUGH THE WEBSITE OR ANY HYPERLINKED WEBSITE OR

FEATURED IN ANY BANNER OR OTHER ADVERTISING, AND COMPANY WILL NOT BE A PARTY

TO OR IN ANY WAY BE RESPONSIBLE FOR MONITORING ANY TRANSACTION BETWEEN YOU

AND THIRD-PARTY PROVIDERS OF PRODUCTS OR SERVICES. AS WITH THE PURCHASE OF A

PRODUCT OR SERVICE THROUGH ANY MEDIUM OR IN ANY ENVIRONMENT, YOU SHOULD USE

YOUR BEST JUDGMENT AND EXERCISE CAUTION WHERE APPROPRIATE.

LIMITATIONS OF LIABILITY

IN NO EVENT SHALL COMPANY OR ITS DIRECTORS, EMPLOYEES, OR AGENTS BE LIABLE TO

YOU OR ANY THIRD PARTY FOR ANY DIRECT, INDIRECT, CONSEQUENTIAL, EXEMPLARY,

INCIDENTAL, SPECIAL OR PUNITIVE DAMAGES, INCLUDING LOST PROFIT, LOST REVENUE,

LOSS OF DATA OR OTHER DAMAGES ARISING FROM YOUR USE OF THE WEBSITE OR

COMPANY SERVICES, EVEN IF COMPANY HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH

DAMAGES. NOTWITHSTANDING ANYTHING TO THE CONTRARY CONTAINED HEREIN,

COMPANY’S LIABILITY TO YOU FOR ANY CAUSE WHATSOEVER AND REGARDLESS OF THE

FORM OF THE ACTION, WILL AT ALL TIMES BE LIMITED TO THE AMOUNT PAID, IF ANY, BY YOU

TO COMPANY FOR THE COMPANY SERVICES DURING THE PERIOD OF 3 MONTHS PRIOR TO

ANY CAUSE OF ACTION ARISING.

CERTAIN STATE LAWS DO NOT ALLOW LIMITATIONS ON IMPLIED WARRANTIES OR THE

EXCLUSION OR LIMITATION OF CERTAIN DAMAGES. IF THESE LAWS APPLY TO YOU, SOME OR

ALL OF THE ABOVE DISCLAIMERS OR LIMITATIONS MAY NOT APPLY TO YOU, AND YOU MAY

HAVE ADDITIONAL RIGHTS.

IF YOU ARE A CALIFORNIA RESIDENT, YOU WAIVE CALIFORNIA CIVIL CODE SECTION 1542,

WHICH SAYS: "A GENERAL RELEASE DOES NOT EXTEND TO CLAIMS WHICH THE CREDITOR

DOES NOT KNOW OR SUSPECT TO EXIST IN HIS FAVOR AT THE TIME OF EXECUTING THE

RELEASE, WHICH, IF KNOWN BY HIM MUST HAVE MATERIALLY AFFECTED HIS SETTLEMENT

WITH THE DEBTOR."

INDEMNITY

You agree to defend, indemnify and hold Company, its subsidiaries, and affiliates, and their respective

officers, agents, partners and employees, harmless from and against, any loss, damage, liability, claim, or

demand, including reasonable attorneys’ fees and expenses, made by any third party due to or arising out

of your contributed content, use of the Company Services, and/or arising from a breach of this Agreement

and/or any breach of your representations and warranties set forth above. Notwithstanding the foregoing,

Company reserves the right, at your expense, to assume the exclusive defense and control of any matter

for which you are required to indemnify Company, and you agree to cooperate, at your expense, with

Company’s defense of such claims. Company will use reasonable efforts to notify you of any such claim,

action, or proceeding which is subject to this indemnification upon becoming aware of it.

NOTICES

Except as explicitly stated otherwise, any notices given to Company shall be given by email to the

address listed in the contact information below. Any notices given to you shall be given to the email

address you provided during the registration process, or such other address as each party may specify.

Notice shall be deemed to be given twenty-four (24) hours after the email is sent, unless the sending

party is notified that the email address is invalid. We may also choose to send notices by regular mail.

USER DATA

Our Website will maintain certain data that you transfer to the Website for the purpose of the performance

of the Company Services, as well as data relating to your use of the Company Services. Although we

perform regular routine backups of data, you are primarily responsible for all data that you have

transferred or that relates to any activity you have undertaken using the Company Services. You agree

that Company shall have no liability to you for any loss or corruption of any such data, and you hereby

waive any right of action against Company arising from any such loss or corruption of such data.

ELECTRONIC CONTRACTING

Your use of the Company Services includes the ability to enter into agreements and/or to make

transactions electronically. YOU ACKNOWLEDGE THAT YOUR ELECTRONIC SUBMISSIONS

CONSTITUTE YOUR AGREEMENT AND INTENT TO BE BOUND BY AND TO PAY FOR SUCH

AGREEMENTS AND TRANSACTIONS. YOUR AGREEMENT AND INTENT TO BE BOUND BY

ELECTRONIC SUBMISSIONS APPLIES TO ALL RECORDS RELATING TO ALL TRANSACTIONS YOU

ENTER INTO RELATING TO THE COMPANY SERVICES, INCLUDING NOTICES OF CANCELLATION,

POLICIES, CONTRACTS, AND APPLICATIONS. In order to access and retain your electronic records,

you may be required to have certain hardware and software, which are your sole responsibility.

ELECTRONIC SIGNATURES

Users are allowed on Epiphany Lane Counseling to transmit and receive valid electronic signatures in the

United States under the Electronic Signatures in Global and National Commerce Act (E-Sign Act) of 2000

and the Uniform Electronic Transactions Act (UETA) of 1999 as adopted by individual states. Users’

signatures and identities are not authenticated on Epiphany Lane Counseling.

MISCELLANEOUS

This Agreement constitutes the entire agreement between you and Company regarding the use of the

Company Services. The failure of Company to exercise or enforce any right or provision of this

Agreement shall not operate as a waiver of such right or provision. The section titles in this Agreement

are for convenience only and have no legal or contractual effect. This Agreement operates to the fullest

extent permissible by law. This Agreement and your account may not be assigned by you without our

express written consent. Company may assign any or all of its rights and obligations to others at any time.

Company shall not be responsible or liable for any loss, damage, delay or failure to act caused by any

cause beyond Company's reasonable control. If any provision or part of a provision of this Agreement is

unlawful, void or unenforceable, that provision or part of the provision is deemed severable from this

Agreement and does not affect the validity and enforceability of any remaining provisions. There is no

joint venture, partnership, employment or agency relationship created between you and Company as a

result of this Agreement or use of the Website and Company Services. Upon Company’s request, you will

furnish Company any documentation, substantiation or releases necessary to verify your compliance with

this Agreement. You agree that this Agreement will not be construed against Company by virtue of having

drafted them. You hereby waive any and all defenses you may have based on the electronic form of this

Agreement and the lack of signing by the parties hereto to execute this Agreement.

In order to resolve a complaint regarding the Company Services or to receive further information

regarding use of the Company Services, please contact Company as set forth below or, if any complaint

with us is not satisfactorily resolved, and you are a California resident, you can contact the Complaint

Assistance Unit of the Division of Consumer Services of the Department of Consumer Affairs in writing at

400 "R" Street, Sacramento, California 95814 or by telephone at 1-916-445-1254.

Epiphany Lane Counseling

603 W Munger Ave, #100-239

Dallas, TX 75202

Email: [email protected]

Phone: 2145600304

Fax: __________

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GENERAL INSTRUCTIONS

WHAT IS A TERMS OF USE

AGREEMENT?

A Terms of Use Agreement is a written set of

rules and regulations between two parties, the

User and the Company, that the User must

agree to follow in order to use the Company’s

website and services.

WHEN IS A TERMS OF USE

AGREEMENT NEEDED?

While Terms and Conditions are not required by

law, any website, especially e-commerce or

social networking websites or applications and

any website or internet service provider that

stores a User’s personal data, should consider

having Terms and Conditions.

A written set of Terms and Conditions protects

the Company and acts an instruction manual for

its website. It allows the Company to explain

things related to its service or product, including,

among other things:

• how purchases, payment, and returns are

handled

• ownership and use of content and intellectual

property

• how Users must conduct themselves, including

any prohibited behavior

• limitations on liability and disclaimers

• the Company’s privacy policy

WHO NEEDS A TERMS OF USE

AGREEMENT?

Almost every website or application that

provides a service or product has a Terms of

Use Agreement.

Here are some examples of websites and apps

that use a Terms of Use Agreement:

• E-Commerce Company - Ebay, Amazon,

Target, Gap

• Social Media Website or Application -

Facebook, Instagram, Twitter, Snapchat

• Search Engine - Google, Yahoo, Bing

• Website or Application

Providing a Service or Product -

YouTube, Apple, Uber

• Gaming Website or Application -

Playstation, Pokemon Go, Candy Crush

WHAT SHOULD BE INCLUDED IN A

A simple Terms of Service should generally

have at least the following:

• Who is the Company providing the service or

product

• What is the service or product provided by the

Company

• Where is the Company’s website

• When will the agreement terminate

• Why might the User not be granted access to

the website

• How does the User agree to accept the Terms

of Service

The Company can tailor the rules and

regulations, or “terms of use”, according to the

service or product it provides and its specific

needs. The Terms of Use Agreement can be

posted on the Company’s website either as a

browsewrap agreement or a clickwrap

agreement.

OTHER NAMES

As a reference, a Terms of Use Agreement is

known by other names:

• Terms of Service Agreement

• Terms and Conditions

• User Agreement

• Statement of Rights and Responsibilities

• Disclaimer

• TOU

• ToS

• TOS

• TOC