Definitions
The following Terms of Use are entered into by and between You and Lymphedema Therapy Source, PLLC (“Company”, “We”, “Us” or “Rebecca Summers”). Together these Terms of Use and any documents they expressly incorporate by reference (collectively, these “Terms of Use”) govern Your access and use of the Website: www.LTStherapy.com, YouTube channel (Lymphedema SavvyTM) or other social media, membership group and any other platforms (hereinafter collectively referred to as “Website“). This Agreement shall govern the use of all pages on this Website and any content and services provided by or on this Website (“Services“), whether You are a guest or registered user.
The parties referred to in this Agreement shall be defined as follows:
a) Company, We, Us: The Company, as the creator, operator, and publisher of the Website, makes the Website, and certain Services on it, available to users. Lymphedema Therapy Source, PLLC, Company, Us, We, Our, Ours and other first-person pronouns will refer to the Company, as Well as all employees, subsidiaries, licensees, successors, assignees, and affiliates of the Company.
b) User, You, Your: You, as the user of the Website, will be referred to throughout this Agreement with second-person pronouns such as You, Your, Yours, or as User or User.
c) Parties: Collectively, the parties to this Agreement (the Company and You) will be referred to as Parties.
Age Restriction
You must be at least 18 (eighteen) years of age to use this Website or any Services contained herein. By using this Website, You represent and agree that You are at least 18 years of age and may legally attest to this Agreement. The Company assumes no responsibility or liability for any misrepresentation of Your age.
I. What users can & can’t do (In simple terms: There are certain things You can and cannot do in using this Website & Services. If You disagree with these things, do not use this Website or Services. If We suspect You are doing something You should not do, We may terminate Your account. We are not liable for any information You lose. We own everything on this Website & related platforms.)
Agreement to Use
By using this Website and Services, You accept and agree to be bound by and abide by these Terms of Use, Our Privacy Policy (incorporated herein by reference) and Our Disclaimers. If You do not accept and agree, You must not access or use the Website. You must leave the Website immediately. The Company only allows use of this Website and Services to You if You accept and agree to be bound by and abide by this Agreement.
Access and Security
As a user of the Website or Services, You may be asked to register with Us. When You do, You will provide certain registration details or other information such as (but not limited to) Your name and email address. By using this Website and Services, You agree to provide correct, complete and current information. All information You provide to register or to use otherwise with Our Website or Services, including but not limited to any interactive features, is governed by Our Privacy Policy. By using the Website or Services, You consent to all actions We take with respect to Your information as is described in Our policy. You are responsible for ensuring the accuracy of this information. This identifying information will enable You to use the Website and Services. You must not share such identifying information with anyone else. You agree to exit from Your account at the end of every session. If using a public or shared computer, You agree to ensure that others are not able to view or record Your password or other information. Your account is for Your use only and You agree not to provide any other person with access to the Website or Services using Your name, password or other security information. If You discover that Your identifying information has been compromised, You agree to notify Us immediately in writing. Email notification will suffice. You are responsible for maintaining the safety and security of Your identifying information as Well as keeping Us apprised of any changes to Your identifying information. We do not accept responsibility for security of Your account or content.
Providing false or inaccurate information, or using the Website or Services to further fraud or unlawful activity, is grounds for immediate termination of this Agreement. You agree not to use the Website or Services for any unlawful purpose or any purpose prohibited in this Agreement. You agree not to use the Website or Services in any way that could damage the Website, Services, or general business of the Company. You agree You will not attempt to reverse engineer or disassemble any code or software from the Website or Services. You agree You will not attempt unauthorized access or violate the security of the Website or Services in any other way.
Conduct
By using this Website or Services, You may gain access to chat areas, groups, forums, the blog comment section or other communication sections created to allow You to communicate with others (collectively, “Communication Services”). You agree not to use the Website, Services or Communication Services:
I) To harass, abuse, or threaten others or otherwise violate any person’s legal rights;
II) To violate any intellectual property rights of the Company or any third party;
III) To upload or otherwise disseminate any computer viruses or other software that may damage the property of another;
IV) To perpetrate any fraud;
V) To engage in or create any unlawful gambling, sweepstakes, or pyramid scheme;
VI) To publish or distribute any obscene or defamatory material;
VII) To publish or distribute any material that incites violence, hate, or discrimination towards any group;
VIII) To unlawfully gather information about others including but not limited to illegal spam activities such as gathering email addresses and personal information from others or sending any mass commercial emails.
IX) offer to sell or promote any goods or services for business purposes, or conduct or forward surveys unless the Communication Service specifically allows for it.
Termination and Suspension
The Company has no obligation to monitor Communication Service but may do so.
You acknowledge and accept that We have the right to disable any user name, password or other identifier, chosen by You or us, at any time in Our sole discretion for any or no reason, including, but not limited to Our belief that You have violated any terms in this agreement or violated the intellectual property rights of the Company or a third party, failed to comply with applicable laws or other legal obligations, and/or published or distributing illegal material.
Service Interruptions
We reserve the right to change or remove this Website or any Service We provide at Our sole discretion without notice. We may need to interrupt Your access to the Website to perform maintenance or emergency services on a scheduled or unscheduled basis. You agree that Your access to the Website may be affected by unanticipated or unscheduled downtime, for any reason, but that the Company shall have no liability for any damage or loss caused as a result of such change, removal, interruption or downtime.
Opt-Out
If You have registered for an account with Us, You may also terminate this Agreement at any time by contacting Us and requesting termination by email: info@LTStherapy.com. At the termination of this Agreement, any provisions that would be expected to survive termination by their nature shall remain in full force and effect.
Limited License and Intellectual Property
You agree that the Website and all Services provided by the Company are the property of the Company, including all text, graphics, logos, images, copyrights, trademarks, trade secrets, patents, free downloads & purchasable content (such as digital products, physical products or membership), and other intellectual property (“Company IP“). You agree that the Company owns all right, title and interest in and to the Company IP and that You will not use the Company IP for any unlawful or infringing purpose, including but not limited to offering any competing products or services based on any information contained within the Website or through Our Services.
The use of the Website and/or Services (including any free or purchasable content, digital or physical) is for You and Your personal use only. You agree You will not sell, redistribute, transmit, publicly display, edit, copy, modify, create derivative works, reverse engineer, alter, enhance, reproduce, exploit or use any Company IP for any other purpose in any way, including electronically or via registration of any new trademarks, trade names, service marks or Uniform Resource Locators (URLs), without express written permission from the Company. You agree that You do not acquire any ownership rights or licenses (expressed or implied) to Company IP except as indicated according to these Terms of Use.
In accessing the Website and/or Services (including any free or purchased content), The Company grants You a non-exclusive, limited, non-transferable and revocable license solely in connection with Your use of the Website and Services. The use of the Website and/or Services (including any free or purchased content) is for You and Your personal use only and may not be sold, redistributed, transmitted, publicly displayed, edited, copied, modified, used to create derivative works, reverse engineered, altered, enhanced, reproduced, exploited or used for any other purpose without Our written consent. Your license terminates upon cessation of use of the Website or Services or at the termination of this Agreement.
Your Materials
You may post, upload or submit materials including but not limited to feedback, suggestions, comments and images (collectively “Your Materials”) to Our Website. We do not own Your Material, however, by posting, uploading or submitting Your Materials to Our Website, You are granting us, Our affiliated companies and necessary sub-licensees permission to use Your Materials. This permission includes but is not limited to the rights to copy, reproduce, distribute, transmit, publicly display, edit, reformat, or translate Your Materials, and to publish Your name in connection with Your Materials.
Affiliate Marketing and Advertising
The Company, through the Website and Services, may engage in affiliate marketing whereby the Company receives a commission on or percentage of the sale of goods or services on or through the Website. The Company may also accept advertising and sponsorships from commercial businesses or receive other forms of advertising compensation. This disclosure is intended to comply with the US Federal Trade Commission Rules on marketing and advertising, as Well as any other legal requirements which may apply.
Membership Sales
If You join Our membership platform, payment is required at the time of joining and every month on the same date thereafter. Payment can be made by credit card, debit card, Paypal or bank transfer using Zelle (collectively, “Merchant”). Please read the privacy policy of Paypal and Zelle below.
https://www.paypal.com/us/Webapps/mpp/ua/privacy-full
https://www.zellepay.com/legal-and-privacy
If a payment fails, the Company may terminate Your access to the membership platform and all related platforms (including but not limited to Facebook groups). It is Your responsibility to ensure Your payment method is up-to-date. The Company is not liable for any late fees or other penalties implemented by Your Merchant. If You cancel Your membership, it is Your responsibility to ensure Your recurring payment is cancelled with Your Merchant. All products and services within the membership remain Company IP and for Your personal use only. See section “Limited Liability and Intellectual Property.” If You choose to join again, You will be subject to any new pricing and may lose any prior data associated with Your user.
If You want to change membership from a monthly subscription to an annual subscription, please allow up to 3 business days prior to Your monthly billing date for this change to occur. If You want to change membership from an annual to a monthly subscription, You can do so at the end of Your 12-month subscription. It is not possible to change annual to monthly once an annual membership is purchased.
You may be offered a 7-day free trial membership after which time paid subscription begins. You will lose access on the seventh day unless You have chosen a paid subscription and made payment. You must complete the registration process and be approved. Only new members are eligible for trial memberships. Previous members or those who have had a free trial do not qualify.
If You do not want to continue membership at the end of Your free trial, You must log into Your account and cancel 48 hours before Your trial ends to ensure the membership does not convert to a paid membership with payment charged to the form of payment You provided at the time of registration.
Membership Refunds
After the free trial, a monthly subscription will not be refundable. An annual subscription is also not refundable and cannot be converted to a monthly subscription until the subscription end.
Digital Product Sales
The Company may offer digits products such as courses and eBooks for sale separate from the membership. Payment is due at the time of purchase. Upon purchase, You are given lifetime access to the product for Your own personal use. All products and services remain Company IP. See section “Limited Liability and Intellectual Property.”
Digital Refunds
There are no refunds for memberships or digital sales. Digital products are not refundable. This is why You are given a preview of material.
Physical Product Sales
The Company may sell products or services on the Website. The Company undertakes to be as accurate as possible with all information regarding the products and services, including product descriptions and images. However, the Company does not guarantee the accuracy or reliability of any product information, and You acknowledge and agree that You purchase such products at Your own risk.
For goods or services that may be sold by others on the Website, the Company assumes no liability for any product and cannot make any guarantees about the merchantability, fitness, quality, safety or legality of these products. For any claim You may have against the manufacturer or seller of the product, You agree to pursue that claim directly with the manufacturer or seller and not with the Company. You hereby release the Company from any claims related to goods or services manufactured or sold by third parties, including any and all complaints or product liability claims.
See section “Limited Liability and Intellectual Property.”
Shipping, Delivery and Returns
You agree to ensure payment for any items You may purchase from Us, and You acknowledge and affirm that prices are subject to change. When purchasing a physical good, You agree to provide Us with a valid email and shipping address, as Well as valid billing information. We reserve the right to reject or cancel an order for any reason, including errors or omissions in the information that You provide to us. If We do so after payment has been processed, We will issue a refund to You in the amount of the purchase price. We also may request additional information from You prior to confirming a sale, and We reserve the right to place any additional restrictions on the sale of any of Our products. You agree to ensure payment for any items You may purchase from Us, and You acknowledge and affirm that prices are subject to change.
For the sale of physical products, We may pre-authorize Your credit or debit card at the time You place the order, or We may simply charge Your card upon shipment. You agree to monitor Your method of payment. Shipment costs and dates are subject to change from the costs and dates that You are quoted due to unforeseen circumstances. For any questions, concerns, or disputes, You agree to contact Us in a timely manner at the following: info@LTStherapy.com.
Physical Product Refunds
We are unable to offer any refunds on physical products sold through the Website at this time.
II. Third parties (In simple terms: Anything that You do that causes You harm as a result of reading or viewing what someone else has written, said or done on this Website, social media or other Company platform isn’t Our fault.)
Third Party Links and Consent
The Company may occasionally post links to third-party Websites. You agree that the Company is not responsible or liable for any loss or damage caused as a result of Your use of any third-party services linked to or accessed from Our Website. Including any links in Our Website or Services does not imply endorsement or association of those links or associated companies or operators by the Company.
You may use some products, services and functionalities made available by third-party Websites or organizations through Our Website or Services including but not limited to payment processors. By using this Website or Services, You agree that the Company may share Your information and data with third-parties with whom We have a contractual relationship to provide these products, services or functionalities.
Third Party Guests
Third-party guests who appear on any platform or in any media offered by The Company agree to transfer all intellectual property rights they have in any such interviews, guest writing or other medium to The Company and also provide a license to any rights they are unable to assign.
See Disclaimers section.
III. Limitation of Liability (In simple terms: Anything that You that causes You harm as a result of reading or viewing content on this Website, social media or other Company platform isn’t Our fault.)
The Company is not liable for any damages that You may occur as a result of Your use of the Website or Services. By using this Website or Services, You agree that You alone are responsible for any liability or loss that You or any person or entity associated with You may incur as a result of information on this Website or through the Services offered. You agree The Company is not liable to You or anyone associated with You for any type of damages of any kind.
While The Company strives to ensure all information contained in this Website, related platforms or Services is accurate. However, information may contain inaccuracies. The Company is not liable for any incorrect information. The Company makes no representations about the reliability, availability or timeliness of the information, products or Services on the Website for any purpose. The Company may make changes to the Website or Services at any time. To the maximum permitted by law, the information and products provided on the Website, related platforms or Services are provided “as is” without warranty or condition of any kind, including but not limited to any implied warranty or condition.
Force Majeure
The Company is not liable for any failure to perform due to causes beyond its reasonable control including, but not limited to, acts of God, acts of civil authorities, acts of military authorities, riots, embargoes, acts of nature and natural disasters, and other acts which may be due to unforeseen circumstances.
The Company is not liable for damages of any kind, without limitation, including damages for loss of use, data inaccuracy or any other type of damages. If You are unhappy with any of these Terms of Use or the Website or Services, Your sole and exclusive remedy is to stop using the Website.
This section applies to any and all claims by You, including, but not limited to, lost profits or revenues, consequential or punitive damages, negligence, strict liability, fraud, or torts of any kind.
Severability
If any part or sub-part of this Agreement is held invalid or unenforceable by a court of law or competent arbitrator, the remaining parts and sub-parts will be enforced to the maximum extent possible. The invalid or unenforceable provision will be superseded by a valid and enforceable provision that most closely matches the intent of the provision set forth in these Terms of Use and the remainder of the agreement will continue in full force.
International Users
The Company is located & operated in the United States of America (USA). If You access the Website, related platforms or Services from outside the USA, You are responsible for compliance with all laws and regulations covering Your jurisdiction. You agree not to use the Website, platform or Services in any manner that is prohibited by Your laws or regulations.
Indemnification
You agree to defend and indemnify The Company and any of its affiliates and hold The Company and its affiliates harmless against any and all legal claims and demands, including reasonable attorney’s fees, which may arise from or relate to Your use or misuse of the Website or Services, Your breach of this Agreement, or Your conduct or actions. You agree that The Company shall be able to select its own legal counsel and may participate in its own defense, if the Company wishes.
IV. Dispute resolution & jurisdiction (Texas law will govern any lawsuits. Legal costs are expensive; You will be liable for The Company’s attorney fees. Mediation will be the first legal avenue of resolution.)
Jurisdiction
Through Your use of the Website or Services, You agree that the laws of the State of Texas shall govern any matter or dispute relating to or arising out of this Agreement, as Well as any dispute of any kind that may arise between You and the Company, with the exception of its conflict of law provisions. In case any litigation specifically permitted under this Agreement is initiated, the Parties agree to submit to the personal jurisdiction of the state and federal courts of the following county: Denton, Texas. The Parties agree that this choice of law, venue, and jurisdiction provision is not permissive, but rather mandatory in nature. You hereby waive the right to any objection of venue, including assertion of the doctrine of forum non conveniens or similar doctrine.
Arbitration
You agree to waive any claims You may have now or in the future related to Your use of the Website or Services.
In the event You attempt to assert a claim, You agree to attempt to resolve the dispute personally and in good faith. If personal resolution attempts fail, You agree to present Your claim only through binding arbitration in Denton County, Texas. You waive the right to a jury trial or right to class arbitration and, instead, agree to conduct arbitration solely as an individual bringing any related claim(s) You assert against The Company. You have no authority to vary the provisions of this Agreement or award punitive damages. The arbitrator will be bound by applicable and governing Federal law as Well as the laws of Texas. You will be responsible for all costs associated with arbitration and the administration of arbitration to the fullest extent allowable by law.
No Waiver
In the event that We fail to enforce any provision of this Agreement, this shall not constitute a waiver of any future enforcement of that provision or of any other provision. Waiver of any part or sub-part of this Agreement will not constitute a waiver of any other part or sub-part.
Headings for Convenience Only
Headings of parts and sub-parts under this Agreement are for convenience and organization, only. Headings shall not affect the meaning of any provisions of this Agreement.
V. Miscellaneous
Electronic Communications Permitted
By emailing the Company, downloading content, registering as a user, or purchasing items You are consenting to receive electronic communications. You further agree that all disclosures, notices and other communication We provide electronically (by email or on the Website) fulfill any legal requirement that communications be in writing. For any questions or concerns, please email Us at the following address: info@LTStherapy.com.
Changes to the Terms of Use
The Company may, from time to time and at any time without notice to You, modify this Agreement. You agree that the Company has the right to modify this Agreement or revise anything contained herein. You further agree that all modifications to this Agreement are in full force and effect immediately upon posting on the Website and that modifications or variations will replace any prior version of this Agreement, unless prior versions are specifically referred to or incorporated into the latest modification or variation of this Agreement.
You agree to routinely monitor this Agreement and refer to the Effective Date posted on this Agreement to note modifications or variations. You further agree to clear Your cache when doing so to avoid accessing a prior version of this Agreement. You agree that Your continued use of the Website after any modifications to this Agreement means Your agree to the changes.
Entire Agreement
This Agreement constitutes the entire understanding between the Parties with respect to any and all use of this Website. This Agreement supersedes and replaces all prior or contemporaneous agreements or understandings, written or oral, regarding the use of this Website.
Updated: September 23rd, 2021
