TERMS OF USE
October, 2023
PLEASE CAREFULLY READ THE FOLLOWING TERMS OF USE BEFORE USING ANY WEBSITE OR OTHER PLATFORM TO WHICH THEY APPLY.
These terms of use apply to www.allisonlytherapy.com and all other web pages, web content, or other services that both (a) are owned, operated, or provided by AllisonLy (“Company”) and (b) link to these Terms of Use.
THESE TERMS OF USE ARE A BINDING AGREEMENT BETWEEN THE COMPANY AND YOU, THE USER OF THE WEBSITE OR PERSON OR ENTITY ON WHOSE BEHALF THE WEBSITE IS USED (“YOU”). AS SUCH, THESE TERMS OF USE GOVERN YOUR USE OF THE WEBSITE. UNDER THESE TERMS OF USE, YOU ARE GIVING UP IMPORTANT RIGHTS, INCLUDING WAIVING YOUR RIGHT TO A JURY TRIAL OR PARTICIPATE IN A CLASS ACTION (SEE SECTION 27); AND YOUR RIGHT TO CERTAIN DAMAGES (SEE SECTION 24). ANY DISPUTE (AS DEFINED BELOW) MUST BE RESOLVED BY ARBITRATION, EXCEPT AS PROVIDED OTHERWISE IN SECTION 27 (TITLED “ARBITRATION AND DISPUTE RESOLUTION”).
Acceptance of the Terms of Use
By using the Website, you agree to these terms of use. You must not use the Website if you do not agree to these terms of use.
Eligibility
You may use this Website only if you meet each of the following requirements:
(a) you are either (1) at least 18 years old and of the legal age of majority in the state or providence where you reside;
(b) you reside in the United States of America or any of its territories or possessions; and
(c) you operate or are a business.
By using this Website, you state to the Company that you meet each eligibility requirement. You shall not use the website if you do not meet each eligibility requirement stated in this section.
Changes to these Terms of Use
You are responsible to regularly review these terms of use, the most recent version of which is maintained on the Website at [www.allisonlytherapy.com/termsofuse]. The Company may amend, replace, or make other changes to these terms of use on one or more occasions. Any such changes will become effective immediately when the Company posts on the Website the changed terms of use. The changes will apply to your use of the Website that occurs after the changes take effect. No change to section 27 (titled “Arbitration and Dispute Resolution”) will apply to any investigation, negotiation, arbitration, mediation, lawsuit, or other legal proceeding (“Proceeding”) between you and the Company that exists before that change became effective. You agree to all changes to these terms of use by continuing to use the Website after the Company posts those changes on the Website.
Access to the Website
The Company makes reasonable efforts to keep the Website available to customers. However, the Company makes no guarantee the Website will always be up and running. The Company will not be liable if the Website, any part of it, any content on it, or any service provided on it becomes temporarily unavailable.
Information You Provide Us
The Company might require you to provide information to do any of the following:
to create an account;
to purchase or obtain goods or services through the Website;
to use message boards, comment fields, or other interactive features of the website;
to register for or participate in contests, events, giveaways, programs, special promotions, or other activities; or
to otherwise access or use parts of the Website or content provided through it.
Any information you provide the Company through the Website must be accurate, complete, and up to date. If you provide the Company information that does not meet these standards, the Company may deny you access to the Website or any content, event, program, or other activity provided through it.
Privacy
The Company takes privacy seriously.
All information about you that the Company collects on the Website or that you provide to the Company (whether through the Website, by email, by phone, or otherwise) is subject to the Company’s privacy policy, as in effect at any given time (“Privacy Policy”), which is available at [http://www.allisonlytherapy.com/privacy]. By using the Website, you agree to the Privacy Policy and consent to the Company collecting and using your information in accordance with the Privacy Policy.
You shall not use any personal identifying information of any Website user that you obtain on or by using the Website to send one or more unsolicited commercial communications (including emails, texts, instant messages, or phone calls) to any such Website user or for any other commercial purpose.
Intellectual Property Rights
The Website and all content, design elements, images, information, logos, metatags, recordings, taglines, and other intellectual property used or available through the Website is owned by the Company and any persons or entities from whom the Company licensed or obtained such intellectual property. The intellectual property is protected by United States and international copyright, trademark, patent, trade secret, and other intellectual property or proprietary rights laws.
The following are trademarks owned by the Company or Related Persons and are protected by law: (a) the Company’s name; (b) the terms [YOUR TRADE NAMES, PRODUCT AND SERVICE NAMES AND BRAND NAMES], (c) [the [LIST AND DESCRIBE YOUR COMPANY’S LOGOS, IF ANY] logo[s], and [(d)] any other designs, images, sounds, words, or identifiers used by the Company to distinguish its goods and services. You must not use such trademarks without the Company’s (or if the Related Person is the owner, that Related Person’s) prior written permission. All other names, logos, product and service names, designs, and slogans on the Website are the trademarks of their respective owners.
“Related Persons” means, as of the time of determination, each entity controlled directly or indirectly by the Company, each individual or entity controlling the Company directly or indirectly, each entity directly or indirectly controlled by an individual or entity who controls the Company. For the purpose of the definition of "Related Persons,” “control” means ownership of at least 50% of an entity’s ownership interests, the ability to direct the vote of at least 50% of the total voting power of that entity’s ownership interests, or the ability to appoint 50% or more of that entity’s board of directors if it is a corporation or association, managers it is a limited liability company, or such other comparable organizational leadership if it is a different type of entity.
Limited License
You shall not copy, create derivative works from, display, distribute, download, modify, publish, store, transmit, commercially exploit, or otherwise use the Website or any audio recordings, images, information, videos, or other content available on it (collectively with the Website, “Website Content”) without the Company’s written permission.
Among other uses excluded from the forgoing license, the license granted under these Terms of Use does not permit you to –
modify or delete any notice of any copyright, trademark, or other proprietary rights notices on the Website Content;
use the Website Content to associate yourself or another person with any of the Company’s products, services, or brands or suggest you or another person are an affiliate of the Company, except as permitted in an affiliate agreement entered between you and the Company;
resell or commercially exploit the Website Content;
make any derivative works from the Website Content, such as your own videos or images using Website Content;
download or copy account information for the benefit of anyone else; or
use bots, data mining software, or similar data gathering and extraction tools on the Website.
If you copy, excerpt, modify, or make derivative works from the Website Content in a manner that would constitute fair use, you must prominently and in close proximity to your use of the Website Content give proper attribution to the Company as the source of the Website Content and provide a link to the Website in accordance with section 12 (titled “Linking to the Website”).
If you want to commercially exploit or otherwise use the Website or Website Content other than that set out in this section, you may submit a request to hello@allisonlytherapy.com. The Company is not obligated to grant or respond to such a request.
The Company does not transfer to you any interest in the Website Content. The Company reserves all rights that are not expressly granted under these terms of terms of use.
Linking to the Website
You may link to any page of the Website that is readily available to the public if you comply with the following conditions:
you link in a way that is not false, misleading, derogatory, or offensive with respect to the Company, any Related Person, or any of the Company’s or its Related Person’s respective products, services, brands, or Representatives;
you will not cause Website Content to be displayed in a way that makes Website Content appear to be a part of another website, such as by use of framing, deep linking, or in-line linking;
you will not, without the Company’s written permission, suggest that you are associated with the Company or that the Company approved or endorsed the link;
you will not use the Company’s intellectual property, including the Website Content, except in accordance with these terms of use or the Company’s written permission; and
with respect to the Website Content, you in all ways act in accordance with these terms of use.
“Representative” means, with respect to an entity at the time of determination, any of that entity’s agents, advisors, coaches, consultants, employees, directors, officers, principals, and other representatives.
The Company might, on one or more occasions, provide on the Website social media features that enable you to:
link to Website Content from your own or another person’s or entity’s website;
cause parts of the Website Content to display on your own or another person’s or entity’s website; or
send emails, messages, or other communications containing or linking to certain Website Content.
You may use these features only as the Company provides them, only with respect to the Website Content the features are associated with, and only if you comply with these terms of use and all additional terms the Company states with respect to those social media features.
The Company may, without notice to you, withdraw any linking permission granted in this section. The Company may disable one or more links and social media features at any time without notice to you or anyone else.
You shall immediately comply with any request of the Company for removal from your website or social media of any unauthorized framing, linking, or other unauthorized use of Website Content in violation of these terms of use.
Copyright Fair Use
The Company provides content on the Website for educational and informational purposes.
To the extent copyrighted content is used on the Website, the Company has purchased, used with permission, credited and linked back to the original source, believes the content is public domain, or believes the use is fair use.
The Copyright Act of 1976 (“Copyright Act”) governs copyrights in the United States. Section 107 of the Copyright Act permits “fair use” of copyrighted content for the purpose of criticism, comment, news reporting, teaching, scholarship, and research. A use of copyrighted content that is “fair use” will not be infringement under the Copyright Act. You can learn more about fair use at https://www.copyright.gov/fair-use/more-info.html.
Reporting Copyright Infringement
The Company takes seriously the copyrights of others. It adopted the following process for you to report possible infringement in accordance with the Online Copyright Infringement Liability Limitation Act of the Digital Millennium Copyright Act (17 U.S.C. § 512) (“DMCA”).
The Company designates the following person to be its copyright agent for purposes of the DMCA:
Allison Ly
hello@allisonlytherapy.com
If you believe that a copyright you own has been infringed by User Content or other aspect of the Website, you or your authorized representative may request that the Company remove or disable access to the disputed content. To be effective, your request must be submitted in writing to the Company’s copyright agent at the email address provided above and must include substantially the following:
your electronic or physical signature or such a signature of the person authorized to act on your behalf;
a description identifying each copyrighted work that you claim has been infringed;
a description identifying each piece of disputed content you claim violates a copyright you own and where that disputed content is located on the Website;
your address, telephone number, and, if available, e-mail address;
a statement that you have a good-faith belief that the use of your copyrighted work is not authorized by the copyright owner, its agent, or the law; and
a statement that the foregoing information in the request is accurate and, under penalty of perjury, that you are the copyright owner or authorized to act on the copyright owner's behalf.
The Company will terminate the user account of any person or entity who is a repeat infringer.
Links to Websites Operated by Other People
To the extent the Website provides links to other websites and content operated by other persons (including links that are or contain advertisements), the Website does so for your convenience only. You acknowledge that the Company has no control over the content or websites operated by other persons. The Company will not be liable for any damage or other loss that may arise from your use of those websites or resources. You use those websites and resources at your own risk, and your use will be subject to the terms of use and privacy policies for those websites.
Statements by Others
This Website might contain statements by guest speakers, Website users, and other persons or entities who are not the Company. Each such statement is the sole opinion and the responsibility of the person or entity providing it and does not necessarily reflect the opinion of the Company. The Company is not responsible or liable to you or any other person or entity for the statements provided by others.
Updating Website Content
The Company may update Website on one or more occasions. You acknowledge that although the Company may do so, any of the Website Content might be out of date at any given time. The Company is not obligated to update the Website Content or otherwise keep it up to date.
Disclaimers
THE FOLLOWING DISCLAIMERS APPLY TO YOUR USE OF THE WEBSITE, EXCEPT TO THE EXTENT THE DISCLAIMERS ARE PROHIBITED BY LAW OR SUPERSEDED BY A SEPARATE AGREEMENT BETWEEN YOU AND THE COMPANY:
All Information Is “As Is”
THE COMPANY PROVIDES ALL INFORMATION ON THE WEBSITE “AS IS,” AND MAKES NO CLAIMS OR PROMISES (EXPRESS OR IMPLIED) REGARDING THE WEBSITE OR ITS CONTENT’S ACCURACY, CURRENTNESS, COMPLETENESS, EFFICACY, LEGALITY, QUALITY, OR RELIABILITY. THE COMPANY ASSUMES NO RESPONSIBILITY OR LIABILITY FOR ANY ERRORS OR OMISSIONS IN, OR THE RESULTS FROM YOUR USE OF, THE WEBSITE OR ITS CONTENT. YOU USE THE WEBSITE AND ITS CONTENT AT YOUR OWN RISK.
THE COMPANY ENCOURAGES YOU TO RETAIN THE SERVICES OF A LICENSED PROFESSIONAL TO ANSWER YOUR SPECIFIC QUESTIONS OR ASSIST YOU WITH YOUR SPECIFIC MATTER, WHICH MAY INVOLVE A COMBINATION OF SPECIAL CIRCUMSTANCES UNIQUE TO YOU.
No Promised Outcome
THE COMPANY MAKES NO GUARANTEES, PROMISES, OR PROJECTIONS ABOUT ANY OUTCOME FROM YOUR USE OF THE WEBSITE OR ANY INFORMATION OR OTHER CONTENT PROVIDED ON IT. YOUR RESULTS MAY VARY FROM THE RESULTS OBTAINED BY ANYONE ELSE, INCLUDING ANY PERSON WHO HAS PROVIDED USER CONTENT OR PROVIDED A TESTIMONIAL ABOUT THE COMPANY’S PRODUCTS AND SERVICES.
Compliance with Local Laws
The Company makes no claims that the Website or any of its content is accessible or appropriate outside of the United States. To the extent you are not located in the United States at the time you access the Website, you acknowledge you access the Website by your own choice and you agree you are responsible to comply with all the laws of the country and local governments in which you are located.
Indemnification
You shall pay the Company, its Related Persons, and each Representative of the forgoing (collectively, the “Company Indemnitees”) for all their arbitration fees, court costs, legal costs, payments according to one or more judgments or settlements, professional fees, and other out-of-pocket costs and losses (“Indemnified Losses”) incurred in defending against, litigating, settling, or otherwise resolving any claims, damages, demands, investigations, liabilities, negotiations, subpoenas, suits, or other proceedings, criminal or civil, that arise out of your User Content, your negligent use of the Website, your intentional acts through or with respect to the Website, or your violation of these terms of use or applicable law (“Proceedings”).
Arbitration and Dispute Resolution
Negotiation and Mediation
If any dispute arising out of these terms of use, your use of the Website, or your User Content ("Dispute") cannot be resolved through negotiation, the parties shall discuss in good faith the use of mediation before resorting to arbitration, litigation, or any other type of adversarial proceeding.
Arbitration
Subject to the other provisions of this section, as the exclusive means of initiating adversarial proceedings to resolve any Dispute, a party may demand that the Dispute be resolved by arbitration administered by the American Arbitration Association in accordance with its commercial arbitration rules, and each party hereby consents to any such Dispute being so resolved. The arbitration will occur on an individual basis before a panel of one arbitrator sitting in Los Angeles County, California. Judgment on any award rendered in any such arbitration will be binding and may be entered in any court having jurisdiction.
YOU ACKNOWLEDGE THAT BY AGREEING TO ARBITRATE DISPUTES BETWEEN US UNDER THESE TERMS OF USE, YOU WILL BE WAIVING YOUR RIGHT TO A JURY TRIAL, ANY RIGHTS TO BRING A CLASS ACTION, OR RIGHTS TO HAVE CERTAIN CLAIMS AND ISSUES DECIDED IN A COURT.
Miscellaneous Provisions
Assignment
You shall not, without the Company‘s prior written consent, transfer to any other person any discretion granted under, right to satisfy a condition under, remedy under, or obligation imposed under these terms of use. Any attempted transfer violating this provision will be deemed void.
The Company may transfer to another person (including an entity) any of the Company’s discretion granted under, rights to satisfy a condition under, remedies under, or obligations imposed under these terms of use. The Company is not required to obtain your consent to such a transfer.
Waiver and Severability
To be effective, any waiver of satisfaction of a condition or nonperformance of an obligation under these terms of use must be in writing and signed by the party granting the waiver. A party’s waiver on one occasion will not operate as a waiver of satisfaction of a condition or nonperformance of an obligation on other occasions.
Severability
If a Dispute arises and the tribunal holds one or more provisions of these terms of use are unenforceable, the parties want the tribunal to order as follows:
that each such unenforceable provision will be modified to the minimal extent necessary to make it enforceable or, if that modification is not permitted by law, each such provision will be disregarded;
that any such unenforceable provision will remain in effect as written in any circumstances except those in which the provision is held to be unenforceable; and
that the remainder of these terms of use will remain in effect as written by the parties.
Interpretation
The parties want this agreement to be interpreted in accordance with A Manual of Style for Contract Drafting, Fourth Edition.
Section Headings
If a Dispute arises, the parties want the tribunal to disregard section headings in these terms of use when interpreting these terms of use and not use those headings to determine the intent of the parties.
Entire Agreement
The following documents comprise part of these terms of service:
and the Privacy Policy.
These terms of service (including the documents listed above) constitute the entire understanding between the parties regarding the Website Content, your use of the Website, and other subject matter of the terms of service.
Electronic Communications
By browsing the Website, using its interactive features, emailing the Company, or otherwise communicating with the Company electronically, you agree to receive notices posted on the Website, email, and other electronic communications from the Company. You also agree that each agreement, disclosure, notice, and other communication that the Company provides you electronically satisfies each legal obligation (if any) to provide that communication in writing.
Communicating with Us
Any notice of copyright infringement claims should be sent to the copyright agent in accordance with section 19 (titled “Reporting Copyright Infringement”).
All other communications with respect to the Website must be directed to the Company as follows:
by email to hello@allisonlytherapy.com