St. Johns Women’s Counseling & Therapy

Terms of Service

Updated July 2024

BY ACCESSING OR USING THE SERVICES, OR BY OTHERWISE SIGNIFYING YOUR ACCEPTANCE THESE TERMS OF SERVICE BY ANY MEANS INCLUDING AS FURTHER DESCRIBED BELOW, YOU AGREE TO THESE TERMS OF SERVICE ON BEHALF OF YOURSELF, ON BEHALF OF THE PRACTICE OR OTHER ENTITY LISTED IN THE ACCOUNT CREATION, SIGN UP OR SIMILAR FORM (“Registration Form”) AND IF A PRACTICE IS SO IDENTIFIED, ON BEHALF OF THE PROVIDERS FOR SUCH PRACTICE.

If you are an individual accessing or using the Services on behalf of, or for the benefit of any person or entity with which you are associated and identified in the Account, then you are agreeing to this Agreement on behalf of Yourself and such person you represent and warrant that You have the legal authority to bind such person to this Agreement. References to “You” and “Your” in this agreement refer to both any such person and to the individual accessing or using the services on behalf of the person (including the Account Owner). IF YOU DO NOT AGREE TO THESE TERMS OF SERVICE OR DO NOT HAVE THE AUTHORITY AS PROVIDED HEREIN, YOU MAY NOT AND SHALL NOT ACCESS OR USE THE SERVICES (AS DEFINED IN THESE TERMS OF SERVICE).

These Terms of Service (referred to herein as “Agreement” or “Terms of Service,” are a binding contract between You and St. Johns Women’s Counseling & Therapy, LLC (referred to herein as SJWCandT or “Us,” “Our,” or “We.” This Agreement shall govern Your use of the Services and Your rights and obligations with respect to User Data placed in the Services, as well as Your creation of an account through which You will access the Services (hereinafter, an “Account”). By accessing, using, subscribing, or downloading the Services, You agree to follow and be bound by the following terms and conditions and any other terms and conditions in any other agreements You enter into with Us relating to specific Services. If You do not agree with this Agreement, You may not use the Services.

This Agreement applies to Your use of the Services and all transactions made in connection with the Services. Manifestation of agreement to this Agreement may arise by any act demonstrating Your assent to them, including clicking any button containing the words “I agree,” “Create my account,” or similar syntax, by accessing or using any of the Services or by establishing an Account, whether You have read this Agreement or not. By clicking any such button or otherwise indicating Your assent, You agree to this Agreement. You should print a copy of these Terms of Service for Your personal records.

NOTICE OF ARBITRATION AGREEMENT AND CLASS ACTION WAIVER: THIS AGREEMENT INCLUDES A BINDING ARBITRATION CLAUSE (UNLESS YOU OPT OUT) AND A CLASS ACTION WAIVER, SET FORTH BELOW, WHICH AFFECT YOUR RIGHTS ABOUT RESOLVING ANY DISPUTE WITH US. PLEASE READ THESE REQUIREMENTS CAREFULLY.

This Agreement may be modified by SJWCandT by notifying You as provided in Section 29 (Notices) below. By continuing to access or use the Services after the effective date of any such change. You agree to be bound by the modified Agreement.

1. Definitions

  • “Client” means a customer of the Organization including a patient of the Organization’s healthcare provider. The Client’s activities under the “Client Profile” within the Client Portal are subject to additional terms and conditions located within the Client Portal.

  • “Client Portal” means the website and application-based Services in which Clients can manage their appointments, process payments, securely message, or perform and manage other tasks and information related to their relationship with the Organization (including healthcare providers of the Organization).

  • “Client Profile” means the record specific to an individual Client and their information that is maintained within Your Account, and as applicable, the Client Portal.

  • “Content” means template and template libraries, information, data, content, and other materials provided through the Services and includes, without limitation, Third-Party materials.

  • “Dispute” will have the broadest meaning possible and means any dispute, action, or other controversy between You and SJWCandT relating to the Services, any transaction or relationship between You and SJWCandT resulting from Your use of the Services, communications between You and SJWCandT, or this Agreement – whether in contract, warranty, tort, laws, or regulations.

  • “HIPAA” means the Health Insurance Portability and Accountability Act of 1996, the Health Information Technology for Economic and Clinical Health Act and their implementing regulations as amended from time to time.

  • “Intellectual Property Rights” means copyrights, trademarks, service marks, trade dress, publicity rights, database rights, patent rights, and other intellectual property rights or proprietary rights recognized by law.

  • “Payment Data” means any personal or financial information collected from a credit card, debit card, or other payment method, including by not limited to a cardholder’s account number, card expiration date, and CVV2.

  • “Personal Information” is information that identifies, relates to, describes, is capable of being associated with, or could reasonably by linked, directly or indirectly with an individual or a household, such as a name, email address, IP address, telephone number, and broader categories of information such as professional, educational or health information, commercial information and internet activity.

  • “Protected Health Information” or “PHI” means protected health information as defined by HIPAA’s Privacy Rule found at 45 C.F.R. §160.103.

  • “Services” means SJWCandT technology and software platforms. Websites and any affiliated sub-domains, mobile applications, software, and servers. Services include but are not necessarily limited to the Client Portal, Telehealth Service, and Measurement-Based Care Service, whether or not stated separately within this Agreement.

  • “Stripe Payment Processing Services” means third-party services that enable the acceptance of payments, management of subscriptions, and performance transaction reporting, as well as analytics and other business services.

  • “Telehealth” means the video, audio, streaming, and media service available through the Services whether or not it is used for streaming of health care services.

  • “Territory” means the following, which may be modified by SJWCandT or its licensors from time to time: the United States and its territories.

  • “Transaction Data” means Your information, Payment Data, transaction information and credit card information including without limitation tokenized account information, tokens and token access codes, account information.

  • “User Data” means any data or images that We or Our clients upload, stream or submit to or through the Services, or generated or collected on Your behalf from the Services or third parties, including but not limited to Protected Health Information as that term is defined above, video, image and sound data, Transaction Data, Practice Information, and Our listing information.

  • “User” means Us and/or Clients

  • “Website” means the websites and services available from the domain and subdomains of stjohnswomenscounseingandtherpy.com provided to You through the Professional Website and any related or successor domains and subdomains.

2. Verification for St. Johns Women’s Counseling & Therapy, LLC

By accepting this Agreement in connection with Services from SJWCandT, the person acknowledging agreement or assenting to this Agreement represents that they are at least 18 years of age, or the legal age of majority where in the place of residence if that jurisdiction has an older age of majority. You further agree that as a condition to accessing Services, You will submit to Client and Client Portal verification as required by SJWCandT, and provide only true and accurate identification, documentation, and location information to SJWCandT or its third party service providers as requested by SJWCandT. You are responsible for the security of any Client verification information, such as email addresses, including without limitation, Your User’s email address. You are responsible for ensuring that Users under the age of 18 years old obtain their parent or legal guardian’s consent to utilize the Services, unless applicable laws allow Us to provide care or Our Services to a minor (under 18 years of age) without such consent. You agree that any Users who are under 13 years old require their parent or legal guardian’s consent to collect User data, which consent You are responsible for obtaining, prior to the use by such User of the Services.

3. Accessing Your Client Portal

You may access Your Client Portal from the Territory (United States). You acknowledge that SJWCandT bears no responsibility in connection with Clients who access their accounts from outside the Territory.

Notwithstanding the foregoing, You acknowledge that the Services provided by SJWCandT are Florida and United States based. We make no warranty or representation that any aspect of the Services is appropriate for use outside of Florida or the United States or may be used for persons who are not then located inside Florida and the United States. Those who access the Services from other locations are responsible for compliance with applicable laws. SJWCandT bears no liability or responsibility in connection with Clients who access the Client Portal from any country outside of the United States.

4. Responsibility for Use of Your Client Portal

You are responsible for all obligations and activities conducted through Your Client Portal, including obligations and activities of other Users, and You are responsible for all activities conducted through Your email address and are responsible for other Users to whom You grant access to Your Client Portal on behalf of Yourself. As between You and SJWCandT, You are responsible for all information and User Data that You and other Users input into the Services. In the event that fraud, violation of law, regulation or rule, or conduct that violates this Agreement occurs (whether by You or someone else) that is in any way connected with your Portal, We may suspend or terminate Your use of the Services and Your Portal as described herein and You shall be financially responsible to SJWCandT for the consequences of such use.

5. Selection and Use of Client Portal Password

At the time Your Client Portal is created by the Client, the Client must select a password. You are responsible for maintaining the confidentiality of Your password. You are responsible for any damages, claims, losses or other harm resulting from the disclosure of Your password, authorization of the disclosure of Your password, or any person’s use of Your password or Your Client Portal. You agree that You will not respond to an online request for a password other than in connection with the log-in process to the Services. Your disclosure of Your password to any other person is at Your own risk.

Users may not share entry identifications and authentication passwords and any sharing may result in a suspension of termination of access for the User.

6. Fees and Billing

SJWCandT provides the Services for the fees and other charges set forth on the Website at stjohnswomenscounselingandtherapy.com. All prices listed exclude taxes, fees, charges, levies and similar governmental charges imposed on the provision on the Services and all such taxes, fees, etc. shall be borne solely by and paid by You to SJWCandT and will be deemed to be in addition to the fees charged in connection with the Services. We may, at any time, add new Services for additional fees and charges, prospectively modify fees and charges for existing Services (including prospectively charging fees for the Services not previously charged for) on notice as provided herein. You acknowledge that it is Your responsibility to ensures payment is made for all paid aspects of the Services, and to ensure that Your credit or debit cards or other payment instruments accepted by SJWCandT and/or its processor, including Stripe, continue to be valid and sufficient for such purposes. We may suspend or terminate Your use of the Service and Your use of the Client Portal in the event of any payment delinquency. You will not be entitled to any refund on termination or expiration of the Agreement. All payments once made to SJWCandT shall have been earned ty SJWCandT as of the date of payment. You will not be entitled to any refund or credits for the partial use of the Services at any time.

7. Modification of Service

SJWCandT reserves the right, upon providing notice to You (via email, through posting on the SJWCandT website or through any other reasonable means), to add, modify, discontinue, or eliminate aspect(s), features or functionality of the Services from time to time for any reason including without limitation for purposes of compliance with applicable laws and regulations, to effect improvements in security and functionality, to correct errors, or for any other purpose, at its sole discretion.

8. User Data

8.1 Ownership in User Data. In connection with User Data that a User uploads or submits to, or which is created by the Services, You affirm, represent, and warrant that You own or have all necessary Intellectual Property Rights, licenses, consents, and permissions to use and authorize SJWCandT to use, retain, and process the User Data in connection with the Services and as contemplated by this Agreement, and Your provision thereof through and in connection with the Services are complete and accurate, and are not fraudulent, tortious or otherwise in violation of any applicable law or any right of any third party.

8.2 User Data from Payment Processors. Notwithstanding anything to the contrary herein, or in any payment processing agreement between You and the payment processor, including Stripe, You also hereby grant SJWCandT a non-exclusive, worldwide, irrevocable, perpetual, royalty free, fully paid-up, assignable, and sublicensable (through multiple tiers) license, authority, and permission to obtain, copy, and use, at SJWCandT’s request, without notice to You, User Data received from payment processors, bands, card and ACH processors and gateway provider, which support the Services, for purposes of providing You the Services, and to develop, improve, and market SJWCandT’s Services, it being understood that the results generated from use for purposes other than providing the Services are not identifiable with the Organization or any natural person.

8.3 Our Responsibilities to User Data. You acknowledge that You are responsible for all User Data You input into the Client Portal, including changes made to Client demographic information.

8.4 Additional User Data Restrictions. You may not post, upload, store, or share any User Data that:

a. Is unlawful, libelous, defamatory, obscene, pornographic, indecent, lewd, suggestive, harassing, threatening, invasive of privacy or publicity rights, abusive, inflammatory, or fraudulent.

b. Would constitute, encourage, or provide instructions for a criminal offense, violate the rights of any party, or otherwise create liability, or violate any local, state, national, or international law.

c. May infringe, misappropriate, or otherwise violate any patent, trademark, trade secret, copyright or other Intellectual Property Right or any other proprietary rights, unless You are the owner of such rights and have permission from the rightful owner to upload or submit the User Data.

d. Contains any private or Personal Information of a third party or a Client without such third party’s or Client’s consent.

9. Data Privacy

In providing You the Services, SJWCandT will not sell any Personal Information contained in User Data.

We will make no use of PHI that is not permitted in the Agreement, or that is prohibited by applicable law, including but not limited to HIPAA.

It is Your responsibility to comply with all applicable privacy and data protection laws and to ensure that You have provided all notices and consents (including with respect to third parties access) to SWJCandT and that you have agreed to the collection of User Data (including PHI) and the access of User Data by SJWCandT, and where applicable, other third parties. Any sample document that is provided by SJWCandT for obtaining consent or other information from Users is for illustration only, and You alone (not SJWCandT) are responsible to ensure that such documentation id adequate and enforceable. SJWCandT does not provide legal or compliance advice and You are responsible for retaining competent counsel and advisors for these purposes.

In the event that We receive a subpoena, court order, or other legal request compelling the disclosure of Your Client User Data (including PHI) or any of Your data or information or any User Data, We will notify You of the existence of such subpoena, court order, or other legal request prior to disclosing the PHI or other data or information or any other User Data, unless ordered to not do so by a court of competent jurisdiction, requested not to do so by law enforcement, or unless Our legal counsel advises Us that prior notification is not required or in violation of applicable law.

10. Third Party Materials, Service Providers

The Services may incorporate, contain links to, or otherwise allow connections to, third-party websites, servers, and online products, services, or environments, including other materials that are not owned or controlled by SJWCandT (“Third Party Materials”). You agree that SJWCandT is not responsible or liable for Third Party Materials, including the accuracy, validity, timeliness, completeness, reliability, integrity, quality, legality, usefulness, or safety of Third Party Materials, or any Intellectual Property Rights therein or thereto. Nothing in this Agreement will be deemed to be a representation or warranty by SJWCandT with respect to any Third Party Materials. SJWCandT has no obligation to monitor Third Party Materials, and SJWCandT may block or disable access to any Third Party Materials (in whole or part) through the Services at any time. Your use of Third Party Materials is at Your own risk and is subject to nay additional terms and conditions of use for such Third Party Materials.

SJWCandT may refer names of certain third party service providers (“Service Providers”) to You

Upon Your request or in connection with the Services. Any Service Providers referred to You by SJWCandT are not owned or controlled by SJWCandT. You agree that SJWCandT is not responsible or liable in any way for the acts or omissions of any Service Providers, including without limitation, any negligent, willful, or illegal conduct. You further agree to conduct Your own investigation and due diligence regarding any Service Providers referred to You by SJWCandT. You agree to defend (at SJWCandT’s option) indemnify, and hold harmless SJWCandT from all damages, liabilities, claims, expenses, and losses relation to the referral of Service Providers to You.

11. Payment and Billing Services

In order to use payment processing services and the billing services (“Stripe Payment Processing Services”). You must agree to the Stripe Connected Account Agreement and any other applicable Stripe agreement (incorporated herein by reference) that is available to You when the Account is created for the Services and afterward through the Services. No transactions will occur in Your Account until You click to agree with the Stripe Services Agreement or the Stripe Connected Account Agreement (as applicable). In addition to other terms and conditions herein as it relates to Your payments as a Client, You hereby agree that:

  • SJWCandT may conduct certain activities related to the Stripe Payment Processing Services such as communication or information about transactions and refunds, Stripe account balance adjustments, the handling of disputes (including chargebacks), as well as other features described in the Stripe documentation.

  • Certain use, recurring, or application fees may be charged to You for Your use of the Stripe Payment Processing Services.

  • You will comply with all terms and conditions of Your Stripe Connected Account Agreement and not violate such agreement including processing payments from the Prohibited Business List provided by the Stripe Connected Account Agreement.

  • Stripe may suspend or terminate the provision of Stripe Payment Processing Services in accordance with the terms of the Stripe Connected Account Agreement.

  • SJWCandT may use and share with Stripe, and Stripe may use and share with SJWCandT Transaction Data, Payment Data, data about Your Account, Your activity on Your Stripe Account, and transactions. … As a condition of SJWCandT enabling payment processing services through Stripe Payment Processing Services, You must provide SJWCandT accurate and complete information about You.

  • You agree to only enter Payment Data into designated payment fields within the app and not to enter any Payment Data into any other non-payment related areas of the app.

  • “Stripe” is a registered trademark of Stripe, Inc.

  • “Stripe” is where Clients pay for Services provided.

  • SJWCandT reserves the right to suspend Your Stripe account in the event of excessive disputes or chargebacks.

  • SJWCandT reserves the right to withhold payment to You of the funds in Your Stripe account to review for suspicious or fraudulent activity, or if here is a lien or levy placed on Your account, and to prevent payouts during the review period, or until the lien or levy has been resolved.

  • SJWCandT reserves the right to deny online payment processing for any reason, including for fraud or any other suspicious activity.

  • You will ensure that no payments are processed in any country sanctioned by the U.S. Office of Foreign Assets Control (OFAC) which list may be updated by OFAC from time to time.

12. Interruption of Service

SJWCandT may on occasion need to interrupt or suspend the Services, with or without prior notice, to protect the functionality of the Services or for maintenance purposes. You agree that SJWCandT is not liable for any interruption of Services (whether intentional or not), and You understand that either You nor any other Users will be entitled to refunds of fees or other compensation for interruption or suspension of service. Likewise, You agree that in the event of loss of any User Data, We will not be liable for any purported damage or harm arising therefrom.

13. SJWCandT’s Intellectual Property Rights and Limited License Granted to You

You acknowledge and agree that except for the express licenses granted herein, SJWCandT and its licensors retain all of their respective Intellectual Property Rights in and to the Services, including in and to Our trademarks, service marks, trade names, logos, domain names, talines, and trade dress (collectively, the “SJWCandT Practice Marks”). You understand that such Intellectual Property Rights are apart from any rights You may have in User Data You upload or submit to the Services, as discussed above. Copyright, trademark, and other laws of the United States and foreign countries protect the Services that are included in the Services.

14. Service-Specific Terms

The following additional terms and conditions apply to Your access and use of the following specific Services:

14.1 Telehealth Service. The SJWCandT telehealth service is a solution for You to use if You wish to meet with a Counselor or Therapist remotely using video, audio, and other media capabilities. Telehealth is part of the Services and allows You to schedule and connect for telehealth consultations.

a. Prior to using the SJWCandT telehealth service, You must provide written notice to any person who attends a session through telehealth and it is Your obligation to provide a written consent that contains the following minimum terms:

1. SJWCandT is not an emergency service. In the event of an emergency, recipients of Telehealth service must use a phone call to call 911 or an emergency service.

2. Though recipients of the telehealth service may be in direct, virtual contact with You through SJWCandT, neither SJWCandT nor the SJWCandT telehealth service provides any medical services or advice, but not limited to, emergency or urgent medical services.

3. Recipients of the telehealth service should not assume that You have access to any or all of the User Data in the Services or that such information is current or up-to-date. SJWCandT is not responsible for Your reliance or non-reliance on any information in the SJWCandT telehealth service.

b. YOU ACKNOWLEDGE AND AGREE THAT SJWCANDT IS SOLELY PROVIDING A TELEHEALTH TECHNOLOGY SERVICE AND IS NOT PROVIDING MEDICAL ADVICE. SJWCANDT DISCLAIMS ALL WARANTIES, EXRESS OR IMPLIED – AND SHALL HAVE NO LIABILITY OR RESPONSIBILITY – IN CONNECTION WITH ANY MEDICAL ADVICE, PRESCRIPTIONS OR MEDICATIONS RECOMMENDATIONS DELIVERED THROUGHT SERVICES.

c. You may not, nor may You permit other Users to upload, store, or share any User Data with respect to telehealth in a manner that violates this Agreement or applicable law. Although We have no obligation to screen, edit, or monitor User Data, We may delete or remove User Data at any time and for any reason.

d. Users of the SJWCandT telehealth service are solely responsible for their conduct while accessing or using telehealth. Such conduct will not violate this Agreement or any applicable law, contract, intellectual property or other third-party right or commit a tort. Without limitation to the foregoing, You will not:

1. Engage in any harassing, threatening, intimidating, predatory, or stalking conduct;

2. Attempt to circumvent any content-filtering techniques We employ or attempt to access any feature or area of the SJWCandT telehealth service that Users are permitted to access; or

3. Use the SJWCandT telehealth service for any illegal or unauthorized purpose, or engage in, encourage or promote any activity that violates this Agreement.

e. Publishing Testimonials. If We choose to publish testimonials on Our website, We are responsible for obtaining the necessary consent from the individual prior to publishing the testimonial on Our website.

f. Advertisement. We reserve the right to display advertisements on Our professional website.

g. Attribution. We reserve the right to display attribution text or links in Our professional website footer or toolbar, attributing SJWCandT or the theme author, for example. We also reserve the right to display legal terms that protect SJWCandT. These attributions and legal terms may not be altered or removed.

15. Mobile Applications.

SJWCandT may make available one or more software applications to access Services via a mobile device. To use any such software applications, You must have a mobile device that is compatible with the applicable software application.

a. SJWCandT does not warrant that the software applications will be compatible with any mobile device used by You or any other User. You may use mobile data in connection with the software applications and may incur additional charges from Your wireless provider for these services. You agree that You are solely responsible for any such charges.

b. Subject to Your compliance with this Agreement, and solely for so long as you are permitted by SJWCandT to use the applicable software applications, SJWCandT hereby permits You, on a limited, non-exclusive, non-transferable, non-sublicensable, revocable basis, to install and use the applicable software applications for one account on one mobile device owned or leased solely by You, to access and use the Services. The foregoing license grant is not a sale of the software applications or any copy thereof, and SJWCandT or its third-party partners or suppliers retain all right, title, and interest in the software applications (and any copy thereof).

16. Releases.

Except to the extent caused by SJWCandT’s gross negligence or willful misconduct, You agree not to hold SJWCandT liable for any User Data, the actions or inactions of You or other Users of the Services or of other third parties. As a condition of access to the Services, and except to the extent arising out of SJWCandT’s gross negligence or willful misconduct, You release SJWCandT (and its officers, directors, shareholders, agents, parents, subsidiaries, and employees) from claims, demands, losses, liabilities and damages (actual and consequential) of every kind and nature, known and unknown, arising out of or in any way connected with any Dispute You have or claim to have with one or more other Users of the Services or with other third parties, including whether or not SJWCandT becomes involved in any resolution or attempted resolution of the Dispute.

17. Disclaimer of Express and Implied Warranties.

SJWCANDT PROVIDES THE SERVICES, THIRD PARTY MATERIALS (INCLUDING CONTENT), AND YOUR ACCOUNT, STRICTLY ON AN “AS IS” BASIS, AND HEREBY EXPRESSLY DISCLAIMS ALL WARRANTIES OR CONDITIONS OF ANY KIND, WRITTEN OR ORAL, EXPRESS, IMPLIED, OR STATUTORY, INCLUDING WITHOUT LIMITAITON ANY IMPLIED WARRANTY OF TITLE, NONINFRINGEMENT, MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE. NO VALUE, EITHER EXPRESS OR IMPLIED, IS GUARANTEED OR WARRANTED WITH RESPECT TO THE SERVICES, ANY THIRD-PARTY MATERIALS (INCLUDING CONTENT), OR YOUR ACCOUNT. NOTWITHSTANDING ANY INTELLECTUAL PROPERTY RIGHTS YOU MAY HAVE IN USER DATA OR ANY EXPENDITURE ON YOUR PART, SJWCANDT AND YOU EXPRESSLY DISCLAIM ANY COMPENSABLE VALUE RELATING TO OR ATTIRBUTABLE TO ANY DATA RELATING TO YOUR ACCOUNT RESIDING ON SJWCANT’S SERVERS. YOU ASSUME ALL RISK OF LOSS FROM USING THE SERVICES ON THIS BASIS.

18. Limitation of Liability

TO THE FULLEST EXTENT PERMITTED UNDER APPLICABLE LAW, IN NO EVENT SHALL SJWCANDT OR ANY OF ITS DIRECTORS, OFFICER, EMPLOYEES, OR LICENSORS BE LIABLE TO YOU OR ANY THIRD PARTY FOR ANY SPECIAL, INCIDENTAL, INDIRECT, CONSEQUENTIAL, RELIANCE, PUNITIVE, OR EXEMPLARY DAMAGES OF DISGORGEMENT OR COMPARABLE EQUITABLE REMEDY, INCLUDING WITHOUT LIMITATION ANY DAMAGES FOR LOST DATA OR LOST PROFITS, ARISING (WHETHER IN CONTRACT, TORT, STRICT LIABILITY OR OTHERWISE) OUT OF OR IN CONNECTION WITH THE SERVICES (INCLUDING ITS MODIFICATION OR TERMINATION), THIRD PARTY MATERIALS (INCLUDING CONTENT), OR THIS AGREEMENT, WHETHER OR NOT SJWCANDT HAS BEEN ADVISED THAT ANY SUCH DAMAGES MIGHT OR COULD OCCUR AND NOTWITHSTANDING THE FAILURE OF ESSENTIAL LPURPOSE OF ANY REMEDY, IN NO EVENT WILL SJWCANDT’S CUMULATIVE LIABILITY TO YOU EXCEED ONE HUNDRED FIFTY DOLLARS (U.S. $150.00).

19. Indemnification

At SJWCandT’s request, You agree to defend, indemnify, and/or hold harmless SJWCandT, its officers, directors, shareholders, employees, and agents from all damages, liabilities, claims, losses, and expenses, including without limitation attorneys’ fees and costs, arising from (i) any breach or alleged breach of this Agreement by You or other Users, including without limitation Your representations and warranties related to User Data; (ii) allegations by any third party that User Data (including the use thereof) is false, intentionally misleading, defamatory, or infringes, misappropriates, or otherwise violates such third party’s Intellectual Property Rights, privacy rights, right of publicity, or other proprietary rights; contains material that is unlawful, including illegal hate speech or pornography; exploits or otherwise harms minors; or violates or advocates the violation of any law or regulation.

20. Liability for Unpaid Fees

Upon termination of this Agreement or Services, You will not receive a refund of any amounts previously paid and You will remain liable for any charges incurred or unpaid amounts owed by You to SJWCandT.

21. Dispute Resolution

IN THE EVENT OF A DISPUTE BETWEEN YOU AND SJWCANDT (INCLUDING ANY DISPUTE OVER THE VALIDITY, ENFORCEABILITY, OR SCOPE OF THIS DISPUTE RESOLUTION PROVISION), OTHER THAN WITH RESPECT TO CLAIMS FOR INJUNCTIVE RELIEF AND DISPUTES THAT QUALIFY FOR SMALL CLAIMS COURT, THE DISPUTE WILL BE RESOLVED BY FINAL, AND BINDING ARBITRATION BEFORE A NEUTRAL ARBITRATOR INSTEAD OF IN A COURT BY A JUDGE OR JURY.

CLASS ACTION WAIVER

YOU AGREE THAT ANY PROCEEDINGS TO ARBITRATE, LITIGATE, OR OTHERWISE RESOLVE A DISPUTE IN ANY FORUM ARISING OUT OF OR RELATING TO THIS AGREEMENT WILL BE CONDUCTED SOLELY ON AN INDIVIDUAL BASIS. CLASS ARBITRATIONS, CLASS ACTIONS, PRIVATE ATTORNEY GENERAL ACTIONS, CONSOLIDATIION OF YOUR DISPUTE WITH OTHER ARBITRATIONS, OR ANY OTHER PROCEEDING IN WHICH EITHER PARTY ACTS OR PROPOSES TO ACT IN A REPRESENTATIVE CAPACITY OR AS A PRIVATE ATTORNEY GENERAL ARE NOT PERMITTED AND ARE WAIVED BY YOU, AND AN ARBITRATOR WILL HAVE NO JURISDICTION TO HEAR SUCH CLAIMS.

22. Consent to Electronic Communications

We provide Users information by email or posting through the Services. The emails and other communications You will receive from Us include those relating to billing, Account verification, survey requests, administrative announcements, therapeutic information or handouts. You do have the right to opt out of survey or interview requests.