Terms of Use

Last updated: July 31, 2024

1. AGREEMENT TO TERMS

These Terms of Use con­sti­tute a legal­ly bind­ing agree­ment made between you, whether per­son­al­ly or on behalf an enti­ty (“you”) and Bridge­Hope Fam­i­ly Ther­a­py (“Com­pa­ny,” “we,” “us,” or “our”), con­cern­ing your access to and use of the

http://www.bridgehopefamilytherapy.com web­site as well as any oth­er media form, media chan­nel, mobile web­site, or mobile appli­ca­tion relat­ed, linked, or oth­er­wise con­nect­ed there­to (col­lec­tive­ly, the “Site”). We are reg­is­tered in Utah, Unit­ed States and have our reg­is­tered office at 881 Bax­ter Dr. STE 100, South Jor­dan, UT 84095. You agree that by access­ing the Site, you have read, under­stood, and agreed to be bound by all of these Terms of Use. IF YOU DO NOT AGREE WITH ALL FO THESE TERMS OF USE, THEN YOU ARE EXPRESSLY PROHIBITED FROM USING THE SITE AND YOU MUST DISCONTINUE USE IMMEDIATELY.

Sup­ple­men­tal terms and con­di­tions or doc­u­ments that may be post­ed on the Site from time to time are here­by express­ly incor­po­rat­ed here­in by ref­er­ence. We reserve the right, in our sole dis­cre­tion, to make changes or mod­i­fi­ca­tions to these Terms of Use at any time and for any rea­son. We will alert you about any changes by updat­ing the “Last updat­ed” date of these Terms of Use, and you waive any right to receive spe­cif­ic notice of each such change. Please ensure that you check the applic­a­ble Terms every time you use our Site so that you under­stand which Terms apply. You will be sub­ject to, and will be deemed to have been made aware of and to have accept­ed, the changes in any revised Terms of Use by your con­tin­ued use of the Site after the date such revised Terms of Use are post­ed.

The infor­ma­tion pro­vid­ed on the Site is not intend­ed for dis­tri­b­u­tion to or use by any per­son or enti­ty in any juris­dic­tion or coun­try where such dis­tri­b­u­tion or use would be con­trary to law or reg­u­la­tion or which should sub­ject us to any reg­is­tra­tion require­ment with­in such juris­dic­tion or coun­try. Accord­ing­ly, those per­sons who choose to access the Site from oth­er loca­tions do so on their own ini­tia­tive and are sole­ly respon­si­ble for com­pli­ance with local laws, if and to the extent local laws are applic­a­ble.

The Site is tai­lored to com­ply with indus­try-spe­cif­ic reg­u­la­tions (Health Insur­ance Porta­bil­i­ty and Account­abil­i­ty Act (HIPAA). You may not use the Site in a way that would vio­late the Gramm-Leach-Bil­ley Act (GLBA).
The Site is intend­ed for users who are at least 18 years old. Per­sons under the age of 18 are not per­mit­ted to use this Site.

2. INTELLECTUAL PROPERTY RIGHTS

Unless oth­er­wise indi­cat­ed, the Site is our pro­pri­etary prop­er­ty and all source code, data­bas­es, func­tion­al­i­ty, soft­ware, web­site designs, audio, video, text, pho­tographs (unless oth­er­wise indi­cat­ed), and graph­ics on the Site (col­lec­tive­ly, the “Con­tent”) and the trade­marks, ser­vice marks, and logos con­tained there­in (the “Marks”) are owned or con­trolled by us or licensed to us, and are pro­tect­ed by copy­right and trade­mark laws and var­i­ous oth­er intel­lec­tu­al prop­er­ty rights and unfair com­pe­ti­tion laws of the Unit­ed States, inter­na­tion­al copy­right laws, and inter­na­tion­al con­ven­tions. The Con­tent and the Marks are pro­vid­ed on the Site “AS IS” for your infor­ma­tion and per­son­al use only. Except as express­ly pro­vid­ed in these Terms of Use, no part of the Site and no Con­tent or Marks may be copied, repro­duced, aggre­gat­ed, repub­lished, uploaded, post­ed, pub­licly dis­played, encod­ed, trans­lat­ed, dis­trib­uted, sold, licensed, or oth­er­wise exploit­ed for any com­mer­cial pur­pose what­so­ev­er, with­out our express pri­or writ­ten per­mis­sion.

 
Pro­vid­ed that you are eli­gi­ble to use the Site, you are grant­ed a lim­it­ed license to access and use the Site and to down­load or print a copy of any por­tion of the Con­tent to which you have prop­er­ly gained access sole­ly for your per­son­al, non-com­mer­cial use. We reserve all rights not express­ly grant­ed to you in and to the Site, the Con­tent, and the Marks.

3. USER REPRESENTATIONS

By using the Site, you rep­re­sent and war­rant that: (1) you have the legal capac­i­ty and you agree to com­ply with these Terms of Use; (2) you are not a minor in the juris­dic­tion in which you reside; (3) you are 18 years of age or old­er; (4) you will not access the Site through auto­mat­ed or non-human means, whether through a bot, script, or oth­er­wise; (5) you will not use the Site for any ille­gal or unau­tho­rized pur­pose; and (6) your use of the Site will not vio­late any applic­a­ble law or reg­u­la­tion.

 
If you pro­vide any infor­ma­tion that is untrue, inac­cu­rate, not cur­rent, or incom­plete, we have the right to sus­pend or ter­mi­nate your account and refuse any and all cur­rent or future use of the Site (or any por­tion there­of).

4. PROHIBITED ACTIVITIES

You may not access or use the Site for any pur­pose oth­er than that for which we make the Site avail­able. The Site may not be used in con­nec­tion with any com­mer­cial endeav­ors except those that are specif­i­cal­ly endorsed or approved by us.
As a user of the Site, you agree not to:

· Sys­tem­i­cal­ly retrieve data or oth­er con­tent from the Site to cre­ate or com­pile, direct­ly or indi­rect­ly, a col­lec­tion, com­pi­la­tion, data­base, or direc­to­ry with­out writ­ten per­mis­sion from us.

· Trick, defraud, or mis­lead us, or oth­er users, espe­cial­ly in any attempt to learn sen­si­tive account infor­ma­tion such as user pass­words.

· Cir­cum­vent, dis­able, or oth­er­wise inter­fere with secu­ri­ty-relat­ed fea­tures of the Site, includ­ing fea­tures that pre­vent or restrict the use or copy­ing of any Con­tent or enforce lim­i­ta­tions on the use of the Site and/or the Con­tent con­tained there­in.

· Dis­par­age, tar­nish, or oth­er­wise harm, in our opin­ion, us and/or the Site.

· Use any infor­ma­tion obtained from the Site in order to harass, abuse, or harm anoth­er per­son.

· Make improp­er use of our sup­port ser­vices or sub­mit false reports of abuse or mis­con­duct

· Use the Site in a man­ner incon­sis­tent with any applic­a­ble laws or reg­u­la­tions.

· Engage in unau­tho­rized fram­ing or link­ing to the Site.

· Upload or trans­mit (or attempt to upload or to trans­mit) virus­es, Tro­jan hors­es, or oth­er mate­r­i­al, includ­ing exces­sive use of cap­i­tal let­ters and spam­ming (con­tin­u­ous post­ing of repet­i­tive text), that inter­feres with any party’s unin­ter­rupt­ed use and enjoy­ment of the Site or mod­i­fiers impairs, dis­rupts, alters, or inter­feres with the use, fea­tures, func­tions, oper­a­tion, or main­te­nance of the Site.

· Engage in any auto­mat­ed use of the sys­tem, such as using scripts to send com­ments or mes­sages, or using any data min­ing, robots, or sim­i­lar data gath­er­ing and extrac­tion tools.

 
· Delete the copy­right or oth­er pro­pri­etary rights notice from any Con­tent.

 
· Attempt to imper­son­ate anoth­er user or per­son or use the user­name of anoth­er user.

· Upload or trans­mit (or attempt to upload or to trans­mit) any mate­r­i­al that acts as a pas­sive or active infor­ma­tion col­lec­tion mech­a­nism, includ­ing with­out lim­i­ta­tion, clear graph­ics inter­change for­mats (“gifs”), 1x1 pix­els, web bugs, cook­ies, or oth­er sim­i­lar devices (some­times referred to as “spy­ware” or “pas­sive col­lec­tive mech­a­nisms” or “pcms”).

· Inter­fere with, dis­rupt, or cre­ate an undue bur­den on the Site or the net­works con­nect­ed to the Site.

· Harass, annoy, intim­i­date, abuse, or threat­en any of our employ­ees or agents engaged in pro­vid­ing any por­tion of the Site to you.

· Attempt to bypass any mea­sures of the Site designed to pre­vent or restrict access to the Site, or any por­tion of the Site.

 
· Copy or adapt the Site’s soft­ware, includ­ing but not lim­it­ed to Flash, PHP, HTML, JavaScript, or oth­er code.

 
· Except as per­mit­ted by applic­a­ble law, deci­pher, decom­pile, dis­as­sem­ble, or reverse engi­neer any of the soft­ware com­pris­ing or in any way mak­ing up a part of the Site.

 
· Except as may be the result of stan­dard search engine or Inter­net brows­er usage, use, launch, devel­op, or dis­trib­ute any auto­mat­ed sys­tem, includ­ing with­out lim­i­ta­tion, any spi­der, robot, cheat util­i­ty, scraper, or offline read­er that access­es the Site, or using or launch­ing any autho­rized script or oth­er soft­ware.

 
· Use a busy­ing agent or pur­chas­ing agent to make pur­chas­es on the site.

 
· Make any autho­rized use of the Site, includ­ing col­lect­ing user­names and/or email address­es of users by elec­tron­ic or oth­er means for the pur­pose of send­ing unso­licit­ed email, or cre­at­ing user accounts by auto­mat­ed means or under false pre­tens­es.

 
· Use the Site as part of any effort to com­pete with us or oth­er­wise use the Site and/or the Con­tent for any rev­enue-gen­er­at­ing endeav­or or com­mer­cial enter­prise.

 
· Use the Site to adver­tise or offer to sell goods and ser­vices.


· Sell or oth­er­wise trans­fer your pro­file.

 
· Copy­ing of terms, poli­cies, pri­va­cy prac­tices, dis­claimers, or any oth­er mate­r­i­al with­out writ­ten con­sent.

 
· Using this web­site to dis­sem­i­nate or trans­mit pro­mo­tion­al mate­ri­als or any unap­proved adver­tis­ing.

 
· Use any bots, auto­mat­ed devices, or soft­ware pro­grams to access the Web­site for any pur­pose, includ­ing but not lim­it­ed to mon­i­tor­ing or copy­ing web­site mate­r­i­al.

5. USER GENERATED CONTRIBUTIONS

The Site may invite you to chat, con­tribute to, or par­tic­i­pate in blogs, mes­sage boards, online forums, and oth­er func­tion­al­i­ty, and may pro­vide you with the oppor­tu­ni­ty to cre­ate, sub­mit, post, dis­play, trans­mit, per­form, pub­lish, dis­trib­ute, or broad­cast con­tent and mate­ri­als to use or on the Site, includ­ing but not lim­it­ed to text, writ­ings, video, audio, pho­tographs, graph­ics, com­ments, sug­ges­tions, or per­son­al infor­ma­tion or oth­er mate­r­i­al (col­lec­tive­ly, “Con­tri­bu­tions”). Con­tri­bu­tions may be view­able by oth­er users of the Site and through third-par­ty web­sites. As such, any Con­tributes you trans­mit may be treat­ed as non-con­fi­den­tial and non-pro­pri­etary. When you cre­ate or make avail­able any Con­tri­bu­tions, you there­by rep­re­sent and war­rant that:

· The cre­ation, dis­tri­b­u­tion, trans­mis­sion, pub­lic dis­play, or per­for­mance, and the access­ing, down­load­ing, or copy­ing of your Con­tri­bu­tions do not and will not infringe the pro­pri­etary rights, includ­ing but not lim­it­ed to the copy­right, patent, trade­mark, trade secret, or moral rights of any third par­ty

· You are the cre­ator and own­er of or have the nec­es­sary licens­es, rights, con­sents, releas­es, and per­mis­sions to use and to autho­rize us, the Site, and oth­er users of the Site to use your Con­tri­bu­tions in any man­ner con­tem­plat­ed by the Site and these Terms of Use.

· You have the writ­ten con­sent, release, and/or per­mis­sion of each and every iden­ti­fi­able indi­vid­ual per­son in your Con­tri­bu­tions to use the name or like­ness of each and every such iden­ti­fi­able indi­vid­ual per­son to enable inclu­sion and use of your Con­tri­bu­tions in any man­ner con­tem­plat­ed by the Site and these Terms of Use.

· Your Con­tri­bu­tions are not false, inac­cu­rate, or mis­lead­ing.

· Your Con­tri­bu­tions are not unso­licit­ed or unau­tho­rized adver­tis­ing, pro­mo­tion­al mate­ri­als, pyra­mids schemes, chain let­ters, spam, mass mail­ings, or oth­er forms of solic­i­ta­tion.

· Your Con­tri­bu­tions are not obscene, lewd, las­civ­i­ous, filthy, vio­lent, harass­ing, libelous, slan­der­ous, or oth­er­wise objec­tion­able (as deter­mined by us).

· Your Con­tri­bu­tions do not ridicule, mock, dis­par­age, intim­i­date, or abuse any­one.

· Your Con­tri­bu­tions are not used to harass or threat­en (in the legal sense of those terms) any oth­er per­son and to pro­mote vio­lence against a spe­cif­ic per­son or class of peo­ple.

· Your Con­tri­bu­tions do not vio­late any applic­a­ble law, reg­u­la­tion, or rule. 

· Your Con­tri­bu­tions do not vio­late the pri­va­cy or pub­lic­i­ty rights of any third par­ty. 

· Your Con­tri­bu­tions do not vio­late any applic­a­ble law, reg­u­la­tion, or rule.

· Your Con­tri­bu­tions do not vio­late the pri­va­cy or pub­lic­i­ty rights of any third par­ty. 

· Your Con­tri­bu­tions do not vio­late any applic­a­ble law con­cern­ing child pornog­ra­phy, or oth­er­wise intend­ed to pro­tect the health or well-being of minors. 

· Your Con­tri­bu­tions do not include any offen­sive com­ments that are con­nect­ed to race, nation­al ori­gin, gen­der, sex­u­al pref­er­ence, or phys­i­cal hand­i­cap. 

· Your Con­tri­bu­tions do not oth­er­wise vio­late, or link to mate­r­i­al that vio­lates, any pro­vi­sion of these Terms of Use, or any applic­a­ble law or reg­u­la­tion. 

Any use of the Site in vio­la­tion of the fore­go­ing vio­lates the­ses Terms of Use and may result in, among oth­er things, ter­mi­na­tion or sus­pen­sion of your rights to use the Site.

6. CONTRIBUTION LICENSE

By post­ing your Con­tri­bu­tions to any part of the Site, you auto­mat­i­cal­ly grant, and you rep­re­sent and war­rant that you have the right to grant, to us an unre­strict­ed, unlim­it­ed, irrev­o­ca­ble, per­pet­u­al, non-exclu­sive, trans­fer­able, roy­al­ty-free, ful­ly-paid, world­wide right, and license to host, use, copy, repro­duce, dis­close, sell, resell, pub­lish, broad­cast, reti­tle, archive, store, cache, pub­licly per­form, pub­licly dis­play, refor­mat, trans­late, trans­mit, excerpt (in whole or in part), and dis­trib­ute such Con­tri­bu­tions for any pur­pose, com­mer­cial, adver­tis­ing, or oth­er­wise, and to pre­pare deriv­a­tive works of, or incor­po­rate into oth­er works, such Con­tri­bu­tions, and grant and autho­rize sub­li­cens­es of the fore­go­ing. The use and dis­tri­b­u­tion may occur in any media for­mats and through any media chan­nels.

This license will apply to any form, media, or tech­nol­o­gy no known or here­after devel­oped, and includes our use of your com­pa­ny name and fran­chise name, as applic­a­ble, and any of the trade­marks, ser­vice marks, trade names, logos, and per­son­al and com­mer­cial images you pro­vide. You waive all moral rights in your Con­tri­bu­tions, and you war­rant that moral rights have not oth­er­wise been assert­ed in your Con­tri­bu­tions. 

We do not assert any own­er­ship over your Con­tri­bu­tions. You retain full own­er­ship of all your Con­tri­bu­tions and any intel­lec­tu­al prop­er­ty rights or oth­er pro­pri­etary rights asso­ci­at­ed with your Con­tri­bu­tions. We are not liable for any state­ments or rep­re­sen­ta­tions in your Con­tri­bu­tions pro­vid­ed by you in any area on the Site. You are sole­ly respon­si­ble for your Con­tri­bu­tions to the Site and you express­ly agree to exon­er­ate us from any and all respon­si­bil­i­ty and to refrain from any legal action against us regard­ing your Con­tri­bu­tions. 

We have the right, in our sole and absolute dis­cre­tion, (1) to edit, redact, or oth­er­wise change any Con­tri­bu­tions; (2) to re-cat­e­go­rize any Con­tri­bu­tions to place them in more appro­pri­ate loca­tions on the Site; and (3) to pre-screen or delete any Con­tri­bu­tions at any time and for any rea­son, with­out notice. We have no oblig­a­tion to mon­i­tor your Con­tri­bu­tions.

7. SUBMISSIONS

You acknowl­edge and agree that any ques­tions, com­ments, sug­ges­tions, ideas, feed­back, or oth­er infor­ma­tion regard­ing the Site (“Sub­mis­sions”) pro­vid­ed by you to us are non-con­fi­den­tial and shall become our sole prop­er­ty. We shall own exclu­sive rights, includ­ing all intel­lec­tu­al prop­er­ty rights, and shall be enti­tle to the unre­strict­ed use and dis­sem­i­na­tion of these Sub­mis­sions for any law­ful pur­pose, com­mer­cial or oth­er­wise, with­out acknowl­edge­ment or com­pen­sa­tion to you. You here­by waive all moral rights to any such Sub­mis­sions, and you here­by war­rant that any such Sub­mis­sions are orig­i­nal with you or that you have the right to sub­mit such Sub­mis­sions. You agree there shall be no recourse against us for any alleged or actu­al infringe­ment or mis­ap­pro­pri­a­tion of any pro­pri­etary right in your Sub­mis­sions.

8. SITE MANAGEMENT

We reserve the right, but not the oblig­a­tion, to: (1) mon­i­tor the Site for vio­la­tions of these Terms of Use; (2) take appro­pri­ate legal action against any­one who, in our sole descrip­tion, vio­lates the law or these Terms of Use, includ­ing with­out lim­i­ta­tion, report­ing such user to law enforce­ment author­i­ties; (3) in our sole dis­cre­tion and with­out lim­i­ta­tion, refuse, restrict access to, lim­it the avail­abil­i­ty of, or dis­able (to the extent tech­no­log­i­cal­ly fea­si­ble) any of your Con­tri­bu­tions or any por­tion there­of; (4) in our sole dis­cre­tion and with­out lim­i­ta­tion, notice, or lia­bil­i­ty, to remove from the Site or oth­er­wise dis­able all files and con­tent that are exces­sive in size or are in any way bur­den­some to our sys­tems; and (5) oth­er­wise man­age the Site in a man­ner designed to pro­tect our rights and prop­er­ty and to facil­i­tate the prop­er func­tion­ing of the Site.

9. PRIVACY POLICY

We care about data pri­va­cy and secu­ri­ty. Please review our Pri­va­cy Pol­i­cy at: https://www.bridgehopefamilytherapy.com/privacy-policy. By using the Site, you agree to be bound by our Pri­va­cy Pol­i­cy, which is incor­po­rat­ed into these Terms of Use. Please be advised the Site is host­ed in the Unit­ed States. If you access the Site from any oth­er region of the world with laws or oth­er require­ments gov­ern­ing per­son­al data col­lec­tion, use, or dis­clo­sure that dif­fer­ent from applic­a­ble laws in the Untied States, then through your con­tin­ued use of the Site, you are trans­fer­ring your data to the Untied States, and you agree to have your data trans­ferred to and processed in the Unit­ed States.

10. COPYRIGHT INFRINGEMENTS

We respect the intel­lec­tu­al prop­er­ty rights of oth­ers. If you believe that any mate­r­i­al avail­able on or through the Site infringes upon any copy­right you own or con­trol, please imme­di­ate­ly noti­fy us using the con­tact infor­ma­tion pro­vid­ed below (a “Noti­fi­ca­tion”). A copy of your Noti­fi­ca­tion will be sent to the per­son who post­ed or stored the mate­r­i­al addressed in the Noti­fi­ca­tion. Please be advised that pur­suant to applic­a­ble law you may be held liable for dam­ages if you make mate­r­i­al mis­rep­re­sen­ta­tions in a Noti­fi­ca­tion. Thus, if you are not sure that mate­r­i­al locat­ed on or linked to by the Site infringes your copy­right, you should con­sid­er first con­tact­ing an attor­ney.

11. TERM AND TERMINATION

These Terms of Use shall remain in full force and effect while you use the Site. WITHOUT LIMITING ANY OTHER PROVISION OF THESE TERMS OF USE, WE RESERVE THE RIGHT TO, IN OUR SOLE DISCRETION AND WITHOUT NOTICE OR LIABILTY, DENY ACCESS TO AND USE OF THE SITE (INCLUDING BLOCKING CERTAIN IP ADDRESSES), TO ANY PERSON FOR ANY REASONS OR FOR NO REASON, INCLUDING WITHOUT LIMITATION FOR BREACH OF ANY REPRESENTATION, WARRANTY, OR COVENANT CONTAINED IN THESE TERMS OF USE OR OF ANY APPLICALBE LAW OR REGULATION. WE MAY TERMINATE YOUR USE OR PARTICIPATION IN THE SITE OR DELETE ANY CONTENT OR INFORMATION THAT YOU PSOTED AT ANY TIME, WITHOUT WARNING, IN OUR SOLE DISCRETION. 

If we ter­mi­nate or sus­pend your account for any rea­son, you are pro­hib­it­ed from reg­is­ter­ing and cre­at­ing a new account under your name, a fake or bor­rowed name, or the name of any third par­ty, even if you may be act­ing on behalf of the third par­ty. In addi­tion to ter­mi­na­tion or sus­pend­ing your account, we reserve the right to take appro­pri­ate legal action, includ­ing with­out lim­i­ta­tion pur­su­ing civ­il, crim­i­nal, and injunc­tive redress.

12. MODIFCATIONS AND INTERRUPTIONS

We reserve the right to change, mod­i­fy, or remove the con­tents of the Site at any time or for any rea­son at our sole dis­cre­tion with­out notice. How­ev­er, we have no oblig­a­tion to update any infor­ma­tion on our Site. We also reserve the right to mod­i­fy or dis­con­tin­ue all or part of the Site with­out notice at any time. We will not be liable to you or any third par­ty for any mod­i­fi­ca­tion, price change, sus­pen­sion, or dis­con­tin­u­ance of the Site.

We can­not guar­an­tee the Site will be avail­able at all times. We may expe­ri­ence hard­ware, soft­ware, or oth­er prob­lems or need to per­form main­te­nance relat­ed to the Site, result­ing in inter­rup­tions, delays, or errors. We reserve the right to change, revise, update, sus­pend, dis­con­tin­ue, or oth­er­wise mod­i­fy the Site at any time or for any rea­son with­out notice to you. You agree that we have no lia­bil­i­ty what­so­ev­er for any loss, dam­age, or incon­ve­nience caused by your inabil­i­ty to access or use the Site dur­ing any down­time or dis­con­tin­u­ance of the Site. Noth­ing in these Terms of Use will be con­strued to oblig­ate use to main­tain and sup­port the Site or to sup­ply any cor­rec­tions, updates, or releas­es in con­nec­tion there­with.

13. GOVERNING LAW

These Terms of Use and your use of the Site are gov­erned by and con­strued in accor­dance with the laws of the State of Utah applic­a­ble to agree­ments made and to be entire­ly per­formed with­in the State of Utah, with­out regard to its con­flict of law prin­ci­ples.

14. DISPUTE RESOLUTION

Infor­mal Nego­ti­a­tions
To expe­dite res­o­lu­tion and con­trol the cost of any dis­pute, con­tro­ver­sy, or claim relat­ed to these Terms of Use (each “Dis­pute” and col­lec­tive­ly, the “Dis­putes”) brought by either you or us (indi­vid­u­al­ly, a “Par­ty” and col­lec­tive­ly, the “Par­ties”), the Par­ties agree to first attempt to nego­ti­ate any Dis­pute (except those Dis­putes express­ly pro­vid­ed below) infor­mal­ly for at least thir­ty (30) days before ini­ti­at­ing arbi­tra­tion. Such infor­ma­tion nego­ti­a­tions com­mence upon writ­ten notice from one Par­ty to the oth­er Par­ty.

Bind­ing Arbi­tra­tion

If the Par­ties are unable to resolve a Dis­pute through infor­ma­tion nego­ti­a­tions, the Dis­pute (except those Dis­putes express­ly exclud­ed below) will be final­ly and exclu­sive­ly resolved through bind­ing arbi­tra­tion. YOU UNDERSTAND THAT WITHOUT THIS PROVISION, YOU WOULD HAVE THE RIGHT TO SUE IN COURT AND HAVE A JURY TRIAL. The arbi­tra­tion shall be com­menced and con­duct­ed under the Com­mer­cial Arbi­tra­tion Rules of the Amer­i­can Arbi­tra­tion Asso­ci­a­tion (“AAA”) and, where appro­pri­ate, the AAA’s Sup­ple­men­tary Pro­ce­dures for Con­sumer Relat­ed Dis­putes (“AAA Con­sumer Rules”), both of which are avail­able at the AAA web­site: www.adr.org. Your arbi­tra­tion fees and your share of the arbi­tra­tor com­pen­sa­tion shall be gov­erned by the AAA Con­sumer Rules and, where appro­pri­ate, lim­it­ed by the AAA Con­sumer Rules. The arbi­tra­tion may be con­duct­ed in per­son, through the sub­mis­sion of doc­u­ments, by phone, or online. The arbi­tra­tor will make a deci­sion in writ­ing, but need not pro­vide a state­ment of rea­sons unless request­ed by either Par­ty. The arbi­tra­tor must fol­low applic­a­ble law, and any aware may be chal­lenged if the arbi­tra­tor fails to do so. Except where oth­er­wise required by the applic­a­ble AAA rules or applic­a­ble law, the arbi­tra­tion will take place in Utah Coun­ty, Utah. Except as oth­er­wise pro­vid­ed here­in, the Par­ties may lit­i­gate in court to com­pel arbi­tra­tion, stay pro­ceed­ings pend­ing arbi­tra­tion, or to con­firm, mod­i­fy, vacate, or enter judg­ment on the award entered by the arbi­tra­tor.
If for any rea­son, a Dis­pute pro­ceeds in court rather than arbi­tra­tion, the Dis­pute shall be com­menced or pros­e­cut­ed in the state and fed­er­al courts locat­ed in Utah Coun­ty, Utah, and the Par­ties here­by con­sent to, and waive all defens­es of lack of per­son­al juris­dic­tion, and forum non con­ve­niens with respect to venue and juris­dic­tion in such state and fed­er­al courts. Appli­ca­tion of the Unit­ed Nations Con­ven­tion on Con­tracts for the Inter­nal Sale of Goods and the Uni­form Com­put­er Infor­ma­tion Trans­ac­tion ACT (UCITA) is exclud­ed from these Terms of Use.
In no event shall any Dis­pute brought by either Par­ty relat­ed in any way to the Site be com­menced more than one (1) year after the cause of action arose. If this pro­vi­sion is found to be ille­gal or unen­force­able, then nei­ther Par­ty will elect to arbi­trate any Dis­pute falling with­in that por­tion of this pro­vi­sion found to be ille­gal or unen­force­able, and such Dis­pute shall be decid­ed by a court of com­pe­tent juris­dic­tion with­in the courts list­ed for juris­dic­tion above, and the Par­ties agree to sub­mit to the per­son­al juris­dic­tion of that court.

Restric­tions

The par­ties agree that any arbi­tra­tion shall be lim­it­ed to the Dis­pute between the Par­ties indi­vid­u­al­ly. To the full extent per­mit­ted by law (1) no arbi­tra­tion shall be joined with any oth­er pro­ceed­ing; (b) there is no right or author­i­ty for any Dis­pute to be arbi­trat­ed on a class-action basis or to uti­lize class action pro­ce­dures; and © there is no right or author­i­ty for any Dis­pute to be brought in a pur­port­ed rep­re­sen­ta­tive capac­i­ty on behalf of the gen­er­al pub­lic or any oth­er per­sons.

Excep­tions to Infor­mal Nego­ti­a­tions and Arbi­tra­tion

The Par­ties agree that the fol­low­ing Dis­putes are not sub­ject to the above pro­vi­sions con­cern­ing infor­ma­tion negao­ti­a­tions and bind­ing arbi­tra­tion: (a) any Dis­putes seek­ing to enforce or pro­tect, or con­cern­ing the valid­i­ty of, any of the intel­lec­tu­al prop­er­ty rights of a Par­ty; (b) any Dis­pute relat­ed to, or aris­ing from, alle­ga­tions of theft, pri­ar­cy, inva­sion of pri­va­cy, or unau­tho­rized use; and © any claim for injunc­tive relief. If this pro­vi­sion is found to be ille­gal or unen­force­able, then nei­ther par­ty will elect to arbi­trate any Dis­pute falling with­in that por­tion of this pro­vi­sion found to be ille­gal or unen­force­able and such Dis­pute shall be decid­ed by a court of com­pe­tent juris­dic­tion with­in the courts list­ed for juris­dic­tion above, and the Par­ties agree to sub­mit to the per­son­al juris­dic­tion of that court.

15. CORRECTIONS

There may be infor­ma­tion on the Site that con­tains typo­graph­i­cal errors, inac­cu­ra­cies, or omis­sions, includ­ing descrip­tions, pric­ing, avail­abil­i­ty, and var­i­ous oth­er infor­ma­tion. We reserve the right to cor­rect any errors, inac­cu­ra­cies, or omis­sions and to change or update the infor­ma­tion on the Site at any time, with­out pri­or notice.

16. DISCLAIMER

THE SITE IS PROVIDED ON AN AS-IS AND AS-AVAILABLE BASIS. YOU AGREE THAT YOUR USE OF THE SITE AND OUR SERVICES WILL BE AT YOUR SOLE RISK. TO THE FULLEST EXTENT PERMITTED BY LAW, WE DISCLAIM ALL WARRANTIES, EXPRESS OR IMPLED, IN CONNECTION WITH THE SITE AND YOUR USE THEREOF, INCLUDING, WITHOUT LIMITATION, THE IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, AND NON-INFRINGEMENT. WE MAKE NO WARRANTIES OR MISREPRESENTATIONS ABOUT THE ACCURACY OR COMPLETENESS OF THE SITE’S CONTENT OR THE CONTENT OF ANY WEBSITES LINKED TO THE SITE AND WE WILL ASSUME NO LAIBLITY OR RESPONSIBILTY FOR ANY (1) ERROR, MISTAKES, OR INACCURACIES OF CONTENT AND MATERIALS, (2) PERSONAL INJURY OR PROPERTY DAMAGE, OF ANY NATURE WHATSOEVER, RESULTING FROM OUR ACCESS TO AND USE OF THE SITE, (3) ANY UNAUTHORIZED ACCESS TO OR USE OF OUR SECURE SERVERS AND/OR ANY AND ALL PERSONAL INFORMATION AND/OR FINANCIAL INFORMATION STORED THEREIN, (4) ANY INTERRUPTION OR CESSATION OF TRANSMISSION TO OR FROM THE SITE, (5) ANY BUGS, VIRUSES, TROJAN HORSES, MALWARE, RANSOMWARE, OR THE LIKE WHICH MAY BE TRANSMITTED TO OR THROUGH THE SITE BY ANY THIRD PARTY, AND/OR (6) ANY ERRORS OR OMISSIONS IN ANY CONTENT AND MATERIALS OR FOR ANY LOSS OR DAMAGE OF ANY KIND INCURRED AS A RESULT OF THE USE OF ANY CONTENT POSTED, TRANSMITTED OR OTHERWISE MADE AVAILABLE VIA THE SITE. WE DO NOT WARRANT, ENDORSE, GUARANTEE, OR ASSUME RESPONSIBILITY FOR ANY PRODUCT OR SERVICE ADVERTISED OR OFFERED BY A THIRD PARTY THROUGH THE SITE, ANY HYPERLINKED WEBSITE, OR ANY WEBSITE OR MOBILE APPLICATION FEATURED IN ANY BANNER OR OTHER ADVERTISING, AND WE WILL NOT BE A PARTY TO OR IN ANY WAY BE RESPONSIBLE FOR MONITORING ANY TRANSACTION BETWEEN YOU AND ANY THIRD-PARTY PROVIDERS OF PRODUCTS OR SERVICES AS WITH THE PURCHASE OF A PRODUCT OR SERVICE THROUGH ANY MEIDUM OR IN ANY ENVIRONMENT, YOU SHOULD USE YOUR BEST JUDGMENT AND EXERCISE CAUTION WHERE APPROPRIATE.

The Site may con­tain views and opin­ions which are those of the authors and do not nec­es­sar­i­ly reflect the offi­cial pol­i­cy or posi­tion of any oth­er author, agency, orga­ni­za­tion, employ­er, or com­pa­ny, includ­ing this Com­pa­ny. Com­ments pub­lished by users are their sole respon­si­bil­i­ty and the users will take full respon­si­bil­i­ty, lia­bil­i­ty, and blame for any libel or lit­i­ga­tion that results from some­thing writ­ten in or as a direct result for any com­ment pub­lished by users and reserves the right to delete any com­ment for any rea­son what­so­ev­er.

Your use of this Site does not make you a client in a client-ther­a­pist rela­tion­ship. The infor­ma­tion on this site is free to you; how­ev­er, it does not con­sti­tute med­ical advice or men­tal health treat­ment, nor does it con­sti­tute legal or finan­cial advice. By your use and con­tin­ued use of this Site, you acknowl­edge that you are nei­ther receiv­ing med­ical advice nor men­tal health treat­ment. You also cer­ti­fy that you are not receiv­ing legal or finan­cial advice.
Your use of this site indi­cates your acknowl­edge­ment of the Terms of Use, Pri­va­cy Pol­i­cy, and under­stand­ing that of this Dis­claimer. You here­by ful­ly and com­plete­ly hold harm­less, indem­ni­fy and release me and any of my agents, con­sul­tants, affil­i­ates, joint ven­ture part­ners, employ­ees, share­hold­ers, direc­tors, staff, team mem­bers, or any­one oth­er­wise affil­i­at­ed with my busi­ness or me from any and all caus­es of action, alle­ga­tions, suits, claims, dam­ages, or demands what­so­ev­er, in law or equi­ty, that may arise in the past, present or future that is in any way relat­ed to my Web­site.

17. LIMITATIONS OF LIABILITY

IN NO EVENT WILL WE OR OUR DIRECTORS, EMPLOYEES, OR AGENTS BE LIABLE TO YOU OR ANY THIRD PARTY FOR ANY DIRECT, INDIRECT, CONSEQUENTIAL, EXEMPLARY, INCIDENTAL, SPECIAL, OR PUNITIVE DAMAGES, INCLUDING LOST PROFIT, LOST REVENUE, LOSS OF DATA, OR OTHER DAMAGES ARISING FROM YOUR USE OF THE SITE, EVEN IF WE HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES NOTWITHSTANDING ANYTHING TO THE CONTRARY CONTAINED HEREIN, OUR LIABILTY TO YOU FOR ANY CAUSE WHATSOEVER AND REGARDLESS OF THE FORM OF THE ACTION, WILL AT ALL TIMES BE LIMITED TO THE LESSER OF THE AMOUNT PAID, IF ANY, BY YOU TO US DURING THE SIX (6) MONTH PERIOD PRIOR TO ANY CAUSE OF ACTION ARISING OR $150.00 USD. CERTAIN US STATE LAWS AND INTERNATIONAL LAWS DO NO ALLOW LIMITATIONS ON IMPLIED WARRANTED OR THE EXCLUSION OR LIMITATION OF CERTAIN DAMAGES. IF THESE LAWS APPLY TO YOU, SOME OR ALL OF THE ABOVE DISCLAIMERS OR LIMITATIONS MAY NOT APPLY TO YOU, AND YOU MAY HAVE ADDITIONAL RIGHTS.

18. INDEMNIFICATION

You agree to defend, indem­ni­fy, and hold us harm­less, includ­ing our sub­sidiaries, affil­i­ates, and all our respec­tive offi­cers, agents, part­ners, and employ­ees, from and against any loss, dam­age, lia­bil­i­ty, claim, or demand, includ­ing rea­son­able attor­neys’ fees and expens­es, made by any third par­ty due to or aris­ing out of: (1) your Con­tri­bu­tions; (2) use of the Site; (3) breach of these Terms of Use; (4) any breach of your rep­re­sen­ta­tions and war­ran­tees set forth in these Terms of Use; (5) your vio­la­tion of rights of a third par­ty, includ­ing but not lim­it­ed to intel­lec­tu­al prop­er­ty rights; or (6) any overt harm­ful act toward any oth­er user of the Site with whom you con­nect­ed via the Site. Notwith­stand­ing the fore­go­ing, we reserve the right, at your expense, to assume the exclu­sive defense and con­trol of any mat­ter for which you are required to indem­ni­fy us, and you agree to coop­er­ate, at your expense, with our defense of such claims. We will use rea­son­able efforts to noti­fy you of any such claim, action, or pro­ceed­ing which is sub­ject to this indem­ni­fi­ca­tion upon becom­ing aware of it.

19. USER DATA

We will main­tain cer­tain data that you trans­mit to the Site for the pur­pose of man­ag­ing the per­for­mance of the Site, as well as data relat­ing to your use of the Site. Although we per­form reg­u­lar rou­tine back­ups of data, you are sole­ly respon­si­ble for all data that you trans­mit or that relates to any activ­i­ty you have under­tak­en using the Site. You agree that we shall have no lia­bil­i­ty to you for any loss or cor­rup­tion of any such data, and you her­by waive any right of action against us aris­ing from any such loss or cor­rup­tion of such data.

20. ELECTRONIC COMMUNCIATIONS, TRANSACTIONS, AND SIGNATURES

Vis­it­ing the Site, send­ing us emails, send­ing text mes­sages, and com­plet­ing online forms con­sti­tute elec­tron­ic com­mu­ni­ca­tions. You con­sent to receive elec­tron­ic com­mu­ni­ca­tions, and you agree that all agree­ments, notices, dis­clo­sures, and oth­er com­mu­ni­ca­tions we pro­vide to you elec­tron­i­cal­ly, via email and on the Site, sat­is­fy any legal require­ments that such com­mu­ni­ca­tion be in writ­ing. YOU HEREBY AGREE TO THE USE OF ELECTRONIC SIGNATUTRES, CONTRACTS, ORDERS, AND OTHER RECORDS, AND TO ELECTRONIC DELIVERY OF NOTICES, POLICIES, AND RECORDS OF TRANSACTIONS INTIATED OR COMPLETED BY US OR VIA THE SITE. You here­by waive any rights or require­ments under any statutes, reg­u­la­tions, rules, ordi­nances, or oth­er laws in any juris­dic­tion which require an orig­i­nal sig­na­ture or deliv­ery or reten­tion of non-elec­tric records, or to pay­ment or the grant­i­ng of cred­its by any means oth­er than elec­tron­ic means.

21. CALIFORNIA USERS AND RESIDENTS

If any com­plaint with us is not sat­is­fac­to­ri­ly resolved, you can con­tact the Com­plaint Assis­tance Unite of the divi­sion of Con­sumer Ser­vices of the Cal­i­for­nia Depart­ment of Con­sumer Affairs in writ­ing at 1625 North Mar­ket Blvd., Suite N 112, Sacra­men­to, Cal­i­for­nia 95834 or by tele­phone at (800) 952‑5210 or (916) 445‑1254.

22. MISCELLANEOUS

These Terms of Use and any poli­cies or oper­at­ing rules post­ed by us on the Site or in respect to the Site con­sti­tute the entire agree­ment and under­stand­ing between you and us. Our fail­ure to exer­cise or enforce any right or pro­vi­sion of these Terms of Use shall not oper­ate as a wavier of such right or pro­vi­sion. These Terms of Use oper­ate to the fullest extent per­mis­si­ble by law. We may assign any or all of our rights and oblig­a­tions to oth­ers at any time. We shall not be respon­si­ble or liable for any loss, dam­age, delay, or fail­ure to act caused by any cause beyond our respon­si­ble con­trol. If any pro­vi­sion or part of a pro­vi­sion of these Terms of Use is deter­mined to be unlaw­ful, void, or unen­force­able, that pro­vi­sion or part of the pro­vi­sion is deemed sev­er­able from these Terms of Use and does not affect the valid­i­ty and enforce­abil­i­ty of any remain­ing pro­vi­sions. There is no joint ven­ture, part­ner­ship, employ­ment or agency rela­tion­ship cre­at­ed between you and us as a result of these Terms of Use or use of the Stie. You agree that these Terms of Use will not be con­strued against us by virtue of hav­ing draft­ed them. You here­by waive any and all defens­es that you may have based on the elec­tron­ic form of these Terms of Use and the lack of sign­ing by the par­ties there­to to exe­cute these Terms of Use.

23. CONTACT US

In order to resolve a com­plaint regard­ing the Site or to receive fur­ther infor­ma­tion regard­ing the use of the Site, please con­tact us at:
Brad­ford Stuc­ki, Ph.D., LMFT

Bridge­Hope Fam­i­ly Ther­a­py

3325 N. Uni­ver­si­ty Ave., Suite 275

Pro­vo, UT 84604
Unit­ed States

Phone: 801–477-6823

bradford@bridgehopefamilytherapy.com