Terms of Service Waystone — Waystone Therapy

Terms & Conditions

Overview

Welcome to bythewaystone.com. This website is operated by Waystone Therapy LLC. Throughout these terms, “we”, “us” and “our” refer to Waystone Therapy LLC (“Waystone”). Waystone offers this website, including all information, tools and services available from this site to you, the user, conditioned upon your acceptance of all terms, conditions, policies and notices stated here.

By visiting our site you engage in our “Service” and agree to be bound by the following terms, conditions, and notices (“Terms of Service,” “Terms”), including those additional terms and conditions and policies referenced herein and/or available by hyperlink. These Terms of Service apply to all users of the site, including without limitation users who are browsers, vendors, customers, merchants, and/or contributors of content.

Please read these Terms of Service carefully before accessing or using our website. By accessing or using any part of the site, you agree to be bound by these Terms of Service. If you do not agree to all the terms and conditions of this agreement, you may not access the website or use any services. Bythewaystone.com is offered to you conditioned upon your acceptance without modification of these Terms of Service. Your use of bythewaystone.com constitutes your agreement to all such terms. Please read these terms carefully and keep a copy of them for your reference.

Agreement Between User and Bythewaystone.com

The bythewaystone.com website (the “Site”) consists of various web pages operated by Waystone Therapy LLC (“Waystone“).

Waystone offers individual counseling services within the bounds of Oregon State Law. Our mission is to provide a trauma-informed, inclusive approach. This website provides information about our services and allows our guests to book appointments and contact the company.

Privacy

Your use of bythewaystone.com is subject to Waystone’s Privacy Policy. Please review our Privacy Policy, which also governs the Site and informs users of our data-collection practices.

Electronic Communications

Visiting bythewaystone.com or sending emails to Waystone constitutes electronic communications. You consent to receive electronic communications, and you agree that all agreements, notices, disclosures, and other communications that we provide to you electronically, via email and on the site, satisfy any legal requirement that such communications be in writing.

Children Under 13 Years of Age

Waystone does not knowingly collect, either online or offline, personal information from persons under the age of 13. If you are under the age of 18, you may use bythewaystone.com only with permission of a parent or guardian.

General Conditions

We reserve the right to refuse service to anyone for any reason at any time. You understand that your content (not including credit card information) may be transferred unencrypted and involve (a) transmissions over various networks; and (b) changes to conform and adapt to technical requirements of connecting networks or devices. Credit card information is always encrypted during transfer over networks.

You agree not to reproduce, duplicate, copy, sell, resell, or exploit any portion of the Service, use of the Service, or access to the Service or any contact on the website through which the Service is provided, without express written permission by us.

The headings used in this agreement are included for convenience only and will not limit or otherwise affect these Terms.

Services

We reserve the right, but are not obligated, to limit the sales of our Services to any person, geographic region, or jurisdiction. We may exercise this right on a case-by-case basis. We reserve the right to limit the quantities of services that we offer. All descriptions of service pricing are subject to change at anytime without notice, at the sole discretion of us. We reserve the right to discontinue any service at any time. Any offer for any product or service made on this Site is void where prohibited.

We do not warrant that the services, information, or other material purchased or obtained by you will meet your expectations, or that any errors in the Service will be corrected.

Prices for our services are subject to change without notice. We reserve the right at any time to modify or discontinue the Service (or any part or content thereof) without notice at any time. We shall not be liable to you nor to any third party for any modification, price change, suspension, or discontinuance of the Service.

You agree to provide current, complete, and accurate purchase and account information for any services you use. You agree to promptly update your account and other information, including your email address and your credit card numbers and expiration dates, so that we can complete your transactions and contact you as needed.

Links to Third-Party Sites/Third-Party Services

Bythewaystone.com may contain links to other websites (“linked sites”). The linked sites are not under the control of Waystone, and Waystone is not responsible for the contents of any linked site, including without limitation any link contained in a linked site, or any changes or updates to a linked site. Waystone provides these links to you as a convenience, and the inclusion of any link does not imply endorsement of the Site by Waystone or any association with its operators.

Third-party links on this Site may direct you to third-party websites that are not affiliated with us. We are not responsible for examining or evaluating the content or accuracy and we do not warrant and will not have any liability or responsibility for any third-party materials or websites, or for any other materials, products, or services of third parties.

We are not liable for any harm or damages related to the purchase or use of goods, services, resources, content, or any other transactions made in connection with any third-party websites. Please review carefully the third party’s policies and practices and make sure you understand them before you engage in any transaction. Complaints, claims, concerns, or questions regarding third-party products should be directed to the third party.

Certain services made available via bythewaystone.com are delivered by third-party sites and organizations. By using any product, service, or functionality originating from the bythewaystone.com domain, you hereby acknowledge and consent that Waystone may share such information and data with any third party with whom Waystone has a contractual relationship to provide the requested product, service, or functionality on behalf of bythewaystone.com users and customers.

Unlawful or Prohibited Use/Intellectual Property

You are granted a nonexclusive, nontransferable, revocable license to access and use bythewaystone.com strictly in accordance with these terms of use. As a condition of your use of the site, you agree that you will not use the Site for any purpose that is unlawful or prohibited by these terms. You may not use the Site in any manner that could damage, disable, overburden, or impair the Site or interfere with any other party’s use and enjoyment of the site. You may not obtain or attempt to obtain any materials or information through any means not intentionally made available or provided for through the site.

All content included as part of the Service — such as text, graphics, logos, images, and/or the compilation thereof — and any software used on the Site is the property of Waystone Therapy LLC or its suppliers and is protected by U.S. laws governing copyrights, trademarks, intellectual property, and proprietary rights. You agree to observe and abide by all copyright and other proprietary notices or other restrictions contained in any such content and will not make any changes thereto.

You will not modify, publish, transmit, reverse-engineer, participate in the transfer or sale, create derivative works, or in any way exploit any of the content, in whole or in part, found on the site. Waystone’s content is not for resale. You will use protected content solely for your personal use, and will make no other use of the content without the express written permission of Waystone and the copyright owner. Your use of the Site does not entitle you to make any unauthorized use of any protected content, and in particular you will not delete or alter any proprietary rights or attribution notices in any content. You agree that you do not acquire any ownership rights in any protected content. We do not grant you any licenses, express or implied, to the intellectual property of Waystone or our licensors except as expressly authorized by these terms.

International Users

The Service is controlled, operated, and administered by Waystone from our offices within the United States of America. If you access our Service from a location outside the U.S., you are responsible for compliance with all local laws. You agree that you will not use the content accessed through bythewaystone.com in any country or in any manner prohibited by any applicable laws, restrictions, or regulations.

Indemnification

You agree to indemnify, defend, and hold harmless Waystone Therapy LLC and its parent, subsidiaries, affiliates, partners, insurers, officers, directors, stockholders, successors, employees, contractors, subcontractors, suppliers, licensors, and agents for:

any losses, costs, liabilities, and expenses (including reasonable attorney’s fees) relating to or arising out of your use of or inability to use the Site or services;
any user postings made by you;
your breach or violation of these Terms of Service or the documents they incorporate by reference;
your violation of any rights of a third party;
any claim or demand, including reasonable attorneys’ fees, made by any third party due to or arising out of your breach of these Terms of Service or the documents they incorporate by reference, or arising out of your violation of any law or the rights of a third party; and/or
your violation of any applicable laws, rules or regulations.

Waystone Therapy LLC reserves the right, at its own cost, to assume the exclusive defense and control of any matter otherwise subject to indemnification by you, in which event you will fully cooperate with Waystone in asserting any available defenses.

Severability

In the event that any provision of these Terms of Service is determined to be unlawful, void, or unenforceable, such provision shall nonetheless be enforceable to the fullest extent permitted by applicable law, and the unenforceable portion shall be deemed to be severed from these Terms of Service. Such determination shall not affect the validity and enforceability of any other remaining provisions.

Arbitration

In the event the parties are not able to resolve any dispute between them arising out of or concerning these terms and conditions, or any provisions hereof, whether in contract, tort, or otherwise at law or in equity for damages or any other relief, then such dispute shall be resolved only by final and binding arbitration pursuant to the Federal Arbitration Act, conducted by a single neutral arbitrator and administered by the American Arbitration Association or a similar arbitration service selected by the parties, in a location mutually agreed upon by the parties. The arbitrator’s award shall be final, and judgment may be entered upon it in any court having jurisdiction. In the event that any legal or equitable action, proceeding, or arbitration arises out of or concerns these terms and conditions, the prevailing party shall be entitled to recover its costs and reasonable attorney’s fees. The parties agree to arbitrate all disputes and claims in regards to these terms and conditions or any disputes arising as a result of these terms and conditions, whether directly or indirectly, including tort claims that are a result of these terms and conditions. The parties agree that the Federal Arbitration Act governs the interpretation and enforcement of this provision. The entire dispute, including the scope and enforceability of this arbitration provision, shall be determined by the arbitrator. This arbitration provision shall survive the termination of these terms and conditions.

Class-Action Waiver

Any arbitration under these Terms and Conditions will take place on an individual basis; class arbitrations and class/representative/collective actions are not permitted. THE PARTIES AGREE THAT A PARTY MAY BRING CLAIMS AGAINST THE OTHER ONLY IN EACH’S INDIVIDUAL CAPACITY AND NOT AS A PLAINTIFF OR CLASS MEMBER IN ANY PUTATIVE CLASS, COLLECTIVE, AND/ OR REPRESENTATIVE PROCEEDING, SUCH AS IN THE FORM OF A PRIVATE ATTORNEY GENERAL ACTION AGAINST THE OTHER. Further, unless both you and Waystone Therapy LLC agree otherwise, the arbitrator may not consolidate more than one person’s claims, and may not otherwise preside over any form of a representative or class proceeding.

Liability Disclaimer

The information, software, products, and services included in or available through this Site may include inaccuracies or typographical errors. Changes are periodically added to the information herein. Waystone Therapy LLC and/or its suppliers may make changes to the Site and Service at any time. We do not guarantee, represent, or warrant that your use of our Service will be uninterrupted, timely, secure or error-free. We do not warrant that the results that may be obtained from the use of the Site or Service will be accurate or reliable. We reserve the right to correct any errors, inaccuracies, or omissions, and to change or update information or cancel orders if any information in the Service or on any related website is inaccurate at any time without prior notice (including after you have submitted your order).

You agree that from time to time we may remove the Site or Service for indefinite periods of time or cancel the Site or Service at any time, without notice to you.

Waystone Therapy LLC and/or its suppliers make no representations about the suitability, reliability, availability, timeliness, or accuracy of the information, software, products, services, and related graphics contained on the Site for any purpose. To the maximum extent permitted by applicable law, all such information, software, products, services, and related graphics are provided “as is” without warranty or condition of any kind. Waystone Therapy LLC and/or its suppliers hereby disclaim all warranties and conditions with regard to this information, software, products, services, and related graphics, including all implied warranties or conditions of merchantability, fitness for a particular purpose, title, and non-infringement.

To the maximum extent permitted by applicable law, in no event shall Waystone Therapy LLC and/or its suppliers be liable for any direct, indirect, punitive, incidental, special, or consequential damages or any damages whatsoever including, without limitation, damages for loss of use, data, or profits arising out of or in any way connected with the use or performance of the site; with the delay or inability to use the Site or Services; with the provision of or failure to provide services; or with any information, software, products, services, and related graphics obtained through the Site or otherwise arising out of the use of the site, whether based on contract, tort, negligence, strict liability, or otherwise, even if Waystone Therapy or any of its suppliers has been advised of the possibility of damages. Because some states/jurisdictions do not allow the exclusion or limitation of liability for consequential or incidental damages, the above limitation may not apply to you. If you are dissatisfied with any portion of the site, or with any of these terms of use, your sole and exclusive remedy is to discontinue using the site.

No information provided on this website shall be construed as medical advice. Always seek out the professional service and opinion of your medical provider before starting any new health related product, practice, or service.

Termination/Access Restriction

The obligations and liabilities of the parties incurred prior to the termination date shall survive the termination of this agreement for all purposes.

These Terms of Service are effective unless and until terminated by either you or us. You may terminate these Terms of Service at any time by notifying us that you no longer wish to use our Services, or when you cease using our site.

If, in our sole judgment, you fail, or we suspect that you have failed, to comply with any term or provision of these Terms of Service, we also may terminate this agreement at any time without notice, and you will remain liable for all amounts due up to and including the date of termination. We accordingly may deny you access to our Services (or any part thereof).

Waystone Therapy LLC reserves the right, at its sole discretion, to terminate your access to the Site and the related services or any portion thereof at any time, without notice. To the maximum extent permitted by law, this agreement, and any separate agreements whereby we provide you Services, is governed by and construed in accordance with the laws of the State of Oregon, in the United States of America, and you hereby consent to the exclusive jurisdiction and venue of courts in Oregon in all disputes arising out of or relating to the use of the site. Use of the Site is unauthorized in any jurisdiction that does not give effect to all provisions of these terms, including, without limitation, this section.

You agree that no joint venture, partnership, employment, or agency relationship exists between you and Waystone Therapy LLC as a result of this agreement or use of the site. Waystone Therapy LLC’s performance of this agreement is subject to existing laws and legal process, and nothing contained in this agreement is in derogation of Waystone Therapy LLC’s right to comply with governmental, court, and law enforcement requests or requirements relating to your use of the Site or information provided to or gathered by Waystone Therapy LLC with respect to such use. If any part of this agreement is determined to be invalid or unenforceable pursuant to applicable law including, but not limited to, the warranty disclaimers and liability limitations set forth above, then the invalid or unenforceable provision will be deemed superseded by a valid, enforceable provision that most closely matches the intent of the original provision, and the remainder of the agreement shall continue in effect.

The failure of us to exercise or enforce any right or provision of these Terms of Service shall not constitute a waiver of such right or provision.

Unless otherwise specified herein, this agreement constitutes the entire agreement between the user and Waystone Therapy LLC with respect to the site, and it supersedes all prior or contemporaneous communications and proposals, whether electronic, oral, or written, between the user and Waystone Therapy LLC regarding the Site (including, but not limited to, any prior versions of the Terms of Service).

A printed version of this agreement and of any notice given in electronic form shall be admissible in judicial or administrative proceedings based upon or relating to this agreement to the same extent and subject to the same conditions as other business documents and records originally generated and maintained in printed form. It is the express wish of the parties that this agreement and all related documents be written in English.

Changes to Terms

You can review the most current version of the Terms of Service at any time at this page.

Waystone Therapy LLC reserves the right, at its sole discretion, to change the terms under which bythewaystone.com is offered. The most current version of the terms will supersede all previous versions.

We reserve the right, at our sole discretion, to update, change, or replace any part of these Terms of Service by posting updates and changes to our website. It is your responsibility to check our website periodically for changes. Your continued use of or access to our website or the Service following the posting of any changes to these Terms of Service constitutes acceptance of those changes.