The Essential Mind and Body website (the “Website”) is a service for patients to educate themselves about our offerings and the kinds of care we provide. By using the Website you agree to be bound by these Terms of Use (as updated from time to time, this “Agreement”). If you object to anything in this Agreement or the Essential Mind and Body Privacy Policy, please refrain from using the Website or our services. The Terms of Use are subject to change by Essential Mind and Body at any time, effective upon posting on the Website, and your use of the Website or our services after such posting will constitute acceptance by you of such changes.

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1. Acceptance of Terms of Use Agreement

 

a. Electronic Agreement. This Agreement is an electronic contract that sets out the legally binding terms of your use of the Website. This Agreement may be modified by Essential Mind and Body from time to time, such modifications to be effective upon posting by Essential Mind and Body on the Website. This Agreement includes, and hereby incorporates by reference, Essential Mind and Body’s acceptable use policy for content posted on the Website, Essential Mind and Body’s Privacy Policy, and any notices regarding the Website. By accessing the Website, you accept this Agreement and agree to the terms, conditions and notices contained or referenced herein.

 

b. Access and Retention. In order to access and retain this electronic Agreement, you must have access to the World Wide Web, either directly or through devices that access web-based content, and pay any service fees associated with such access. In addition, you must use all equipment necessary to make such connection to the World Wide Web, including a computer and modem or other access device. Please print a copy of this document for your records. To retain an electronic copy of this Agreement, you may save it into any word processing program. Via the Website, we will notify you of any changes in the hardware or software requirements needed to access and/or retain this Agreement that create a material risk that you will not be able to continue to access and/or retain this electronic Agreement.

 

2. Eligibility

 

By using the Website, you represent and warrant that you have the right, authority and capacity to enter into this Agreement and to abide by all of the terms and conditions of this Agreement.

 

3. Permitted Use

 

The Website is for personal informational use only and may not be used in connection with any commercial endeavors. Use of the Website is with the permission of Essential Mind and Body, which may be revoked at any time, for any reason, in Essential Mind and Body’s sole discretion.

 

4. Content on Essential Mind and Body

 

a. Essential Mind and Body owns and retains all intellectual property and other proprietary rights in and to the Website, including without limitation, the content contained within the Website. The Website contains the copyrighted material, trademarks, and other proprietary information of Essential Mind and Body, and its licensors. Except for that information which is in the public domain or for which you have been given written permission, you may not copy, modify, publish, transmit, distribute, perform, display, or sell any such proprietary information.

 

b. Opinions, advice, statements, offers, or other information or content made available through the Website, but not directly by Essential Mind and Body, are those of their respective authors, and should not necessarily be relied upon. Such authors are solely responsible for such content. Essential Mind and Body does not: (i) guarantee the accuracy, completeness, or usefulness of any information on the Website, or (ii) adopt, endorse or accept responsibility for the accuracy or reliability of any opinion, advice, or statement made by any party that appears on the Website. Under no circumstances will Essential Mind and Body or its affiliates be responsible for any loss or damage resulting from your reliance on information or other content posted on the Website.

 

5. Content Posted by You on Essential Mind and Body

 

a. You are solely responsible for the content that you publish, display or otherwise transmit (hereinafter, “post”) on or to the Website. You agree to not post inaccurate, misleading or false information. If information provided to Essential Mind and Body subsequently becomes inaccurate, misleading or false, you will promptly notify Essential Mind and Body of such change.

 

b. You understand and agree that Essential Mind and Body may review and delete any content, messages, double-blind emails, photos or profiles posted to the Website, in each case in whole or in part, that in the sole judgment of Essential Mind and Body violate this Agreement or which might be offensive, illegal, or that might violate the rights, harm, or threaten the safety of others.

 

c. By posting content to any public area of Essential Mind and Body, you automatically grant, and you represent and warrant that you have the right to grant, to Essential Mind and Body, its affiliates, licensees and successors, an irrevocable, perpetual, non-exclusive, fully paid, worldwide license to use, copy, perform, display, reproduce, adapt, modify and distribute such information and content and to prepare derivative works of, or incorporate into other works, such information and content, and to grant and authorize sublicenses of the foregoing. You further represent and warrant that public posting and use of your content by Essential Mind and Body will not infringe or violate the rights of any third party and will be in accordance with any and all applicable laws and regulations.

 

d. You may not engage in advertising to, or solicitation of, others via the Website. This includes but is not limited to solicitation or advertising to buy or sell any products or services or to attend parties or other social functions or networking for commercial purposes. You may not transmit any chain letters or junk email. Although Essential Mind and Body cannot monitor the conduct of its users off the Website, it is also a violation of these rules to use any information obtained from the Website in order to harass, abuse, or harm another person, or in order to contact, advertise to, solicit, or sell to any third party without their prior explicit consent.

 

e. All information you provide to us must be accurate, current and complete.

 

5. Prohibited Activities

 

Essential Mind and Body reserves the right to investigate and terminate your use of the Website if you have misused the Website, or behaved in a way which could be regarded as inappropriate or whose conduct is unlawful or illegal. The following is a partial list of the type of actions that you may not engage in with respect to the Website:

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• • You will not express or imply that any statements you make are endorsed by Essential Mind and Body without our specific prior written consent.

  • You will not use any robot, spider, site search/retrieval application, or other manual or automatic device or process to retrieve, index, “data mine”, or in any way reproduce or circumvent the navigational structure or presentation of the Website or its contents.

  • You will not post, distribute or reproduce in any way any copyrighted material, trademarks, or other proprietary information without obtaining the prior consent of the owner of such proprietary rights.

  • You will not remove any copyright, trademark or other proprietary rights notices contained in the Website.

  • You will not interfere with or disrupt the Website or the site or the servers or networks connected to the Website.

  • You will not post, email or otherwise transmit any material that contains software viruses or any other computer code, files or programs designed to interrupt, destroy or limit the functionality of any computer software or hardware or telecommunications equipment.

  • You will not forge headers or otherwise manipulate identifiers in order to disguise the origin of any information transmitted through the Website.

  • You will not “frame” or “mirror” any part of the Website without Essential Mind and Body’s prior written authorization. You also shall not use meta tags or code or other devices containing any reference to Essential Mind and Body or the Website or the site in order to direct any person to any other web site for any purpose.

  • You will not modify, adapt, sublicense, translate, sell, reverse engineer, decipher, decompile or otherwise disassemble any portion of the Website or any software used on or for the Website or cause others to do so.
     

6. Appointments: Missed/Late Cancellation

 

You understand and agree that if you do not show for your appointment or fail to cancel your appointment with less than 24 hours notice, Essential Mind and Body may charge you $50 for a missed/late cancelled appointment.

 

7. Modifications to Service

 

Essential Mind and Body reserves the right at any time to modify or discontinue, temporarily or permanently, the Website or any of our services (or any part thereof) with or without notice. You agree that Essential Mind and Body shall not be liable to you or to any third party for any modification, suspension or discontinuance of the Website or our services.

 

8. Blocking of IP Addresses

 

In order to protect the integrity of the Website, Essential Mind and Body reserves the right at any time in its sole discretion to block users from certain IP addresses from accessing the Website.

 

9. Copyright Policy

 

You may not post, distribute, or reproduce in any way any copyrighted material, trademarks, or other proprietary information without obtaining the prior written consent of the owner of such proprietary rights. Without limiting the foregoing, if you believe that your work has been copied and posted on the Website in a way that constitutes copyright infringement, please provide our Copyright Agent with the following information: an electronic or physical signature of the person authorized to act on behalf of the owner of the copyright interest; a description of the copyrighted work that you claim has been infringed; a description of where the material that you claim is infringing is located on the Website; your address, telephone number, and email address; a written statement by you that you have a good faith belief that the disputed use is not authorized by the copyright owner, its agent, or the law; a statement by you, made under penalty of perjury, that the above information in your notice is accurate and that you are the copyright owner or authorized to act on the copyright owner’s behalf. Essential Mind and Body’s Copyright Agent for notice of claims of copyright infringement can be reached as follows: Essential Mind and Body, 415 E. Michigan Street, Orlando, FL 32806.

 

10. Privacy

 

Please see our Privacy Policy to review our data collection and usage practices.

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11. Disclaimers

 

Essential Mind and Body is not responsible for any incorrect or inaccurate content posted on the Website, whether caused by users of the Website or by any of the equipment or programming associated with or utilized in the Website. Essential Mind and Body is not responsible for the conduct, whether online or offline, of any user of the Website. Essential Mind and Body assumes no responsibility for any error, omission, interruption, deletion, defect, delay in operation or transmission, communications line failure, theft or destruction or unauthorized access to, or alteration of, user communications. Essential Mind and Body is not responsible for any problems or technical malfunction of any telephone network or lines, computer online systems, servers or providers, computer equipment, software, failure of email or players on account of technical problems or traffic congestion on the Internet or at any website or combination thereof, including injury or damage to users or to any other person’s computer related to or resulting from downloading materials from the Website. Under no circumstances will Essential Mind and Body or any of its affiliates, advertisers, promoters or distribution partners be responsible for any loss or damage, including personal injury or death, resulting from anyone’s use of the Website, any content posted on the Website, or any interactions between users of the Website, whether online or offline. The Website is provided “AS-IS” and Essential Mind and Body expressly disclaims any warranty of fitness for a particular purpose or non-infringement. Essential Mind and Body cannot and does not guarantee and does not promise any specific results from use of the Website.

 

In addition to the preceding paragraph and other provisions of this Agreement, any advice that may be posted on the Website is for informational and entertainment purposes only and is not intended to replace or substitute for any professional financial, medical, legal, or other advice. Essential Mind and Body makes no representations or warranties and expressly disclaims any and all liability concerning any treatment, action by, or effect on any person following the information offered or provided within or through the Website. If you have specific concerns or a situation arises in which you require professional or medical advice, you should consult with an appropriately trained and qualified specialist.

 

12. Links

 

We may provide links to other World Wide Web sites or resources. Because Essential Mind and Body has no control over such sites and resources, you acknowledge and agree that Essential Mind and Body is not responsible for the availability of such external sites or resources, and does not endorse and is not responsible or liable for any content, advertising, products or other materials on or available from such sites or resources. You further acknowledge and agree that Essential Mind and Body shall not be responsible or liable, directly or indirectly, for any damage or loss caused or alleged to be caused by or in connection with the use of, or reliance upon, any such content, goods or services available on or through any such site or resource.

 

13. Limitation on Liability

 

Except in jurisdictions where such provisions are restricted, in no event will Essential Mind and Body be liable to you or any third person for any indirect, consequential, exemplary, incidental, special or punitive damages, including also lost profits arising from your use of the Website, even if Essential Mind and Body has been advised of the possibility of such damages. Notwithstanding anything to the contrary contained herein, Essential Mind and Body’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 Essential Mind and Body.

 

14. U.S. Export Controls

 

Software from this Website (the “Software”) may be subject to United States export controls. No Software may be downloaded from the Website or otherwise exported or re-exported (i) into (or to a national or resident of) Cuba, Iraq, Libya, North Korea, Iran, Syria, or any other Country to which the U.S. has embargoed goods; or (ii) to anyone on the U.S. Treasury Department’s list of Specially Designated Nationals or the U.S. Commerce Department’s Table of Deny Orders. By downloading or using the Software, you represent and warrant that you are not located in, under the control of, or a national or resident of any such country or on any such list.

 

15. Jurisdiction and Choice of Law

 

If there is any dispute arising out of the Website and/or the services we provide, by using the Website, you expressly agree that any such dispute shall be governed by the laws of the State of Florida, without regard to its conflict of law provisions, and you expressly agree and consent to the exclusive jurisdiction and venue of the state and federal courts of Orange County, Florida for the resolution of any such dispute.

 

16. Indemnity by You

 

You agree to indemnify and hold Essential Mind and Body, its subsidiaries, affiliates, officers, agents, and other partners and employees, harmless from any loss, liability, claim, or demand, including reasonable attorney’s fees, made by any third party due to or arising out of your use of the Website in violation of this Agreement and/or arising from a breach of this Agreement and/or any breach of your representations and warranties set forth above.

 

17. No Third Party Beneficiaries

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You agree that, except as otherwise expressly provided in this Agreement, there shall be no third party beneficiaries to this Agreement.

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YOUR USE OF THE WEBSITE INDICATES THAT YOU HAVE READ THIS AGREEMENT AND AGREE TO ALL OF THE PROVISIONS CONTAINED ABOVE.