Introduction

 

The following terms of use (this "Agreement") govern the use of the https://www.sanityplea.com website (the "Website") and services, products, and content advertised or available on or at the Website (“Services”). The Website is owned and operated by The Sanity Plea LLC (“we,” “our,” “us,” or “TSP”). Please read this Agreement carefully before using the Website or Services. By accessing or using the Website or Services, you and your agents and representatives (collectively, the "User," "you," or “your”) agree to by bound by all of the terms and conditions contained herein and all other operating rules, policies, and procedures that may be modified and published from time to time by us on the Website—including the Privacy Policy and others—which are hereby incorporated herein by reference. If you do not agree to this Agreement in its entirety, please do not use the Website or Services.

 

Failure to comply with this Agreement may result in you being removed, suspended, banned, or restricted in relation to the Website, Services, or our social media pages.

 

Age Restrictions

 

The User certifies to us that if the User is an individual, the User is at least 18 years of age. The User has the requisite power and authority to enter into this Agreement.

 

Sales and Payments

 

You can shop at www.sanityplea.com with confidence. We have partnered with Authorize.Net, a leading payment gateway since 1996, to accept credit cards and electronic check payments safely and securely for our customers.

 

The Authorize.Net Payment Gateway manages the complex routing of sensitive customer information through the electronic check and credit card processing networks. See an online payments diagram to see how it works.

 

The company adheres to strict industry standards for payment processing, including:

 

-128-bit Secure Sockets Layer (SSL) technology for secure Internet Protocol (IP) transactions.

-Industry leading encryption hardware and software methods and security protocols to protect customer information.

-Compliance with the Payment Card Industry Data Security Standard (PCI DSS).

 

For additional information regarding the privacy of your sensitive cardholder data, please read the Authorize.Net Privacy Policy.

 

www.sanityplea.com is registered with the Authorize.Net Verified Merchant Seal program.

 

By using the Website, the User is confirming that it is legally entitled to use the means of payment tendered and, in the case of card payments, that the User is either the cardholder or has the cardholder's express permission to use the card to make payment. We may refuse to process a transaction or refuse Service to anyone at any time in our sole discretion, for any reason that does not violate applicable law. We shall not be liable to User or any third party by reason of refusing or suspending any transaction, regardless of whether processing has begun.

 

Unless stated otherwise, all fees and payments are quoted in U.S. Dollars. The User is responsible for paying all fees, payments, and applicable taxes associated with our Website and Services.

 

All sales are final, and we do not offer refunds unless otherwise explicitly stated in specific cases or as otherwise required by applicable law.

 

You agree that the charges on a credit card, debit card, or other form of payment through the Website or for Services are undisputable and may not be charged back, contested, or challenged at any time, provided that we have honored the terms applicable to the purchase. In the event of a chargeback, we reserve the right to report the account to credit bureaus as delinquent, turn the charges over to a collection agency, and pursue any other legal remedy. You agree that our proof of purchase is legally sufficient for the credit card company, banking institution, or other payment agency to deny a chargeback to you.

 

Access, User Accounts, and Content

 

Users can create accounts, provide personal information, and upload content to the Website. However, we reserve the right to remove or moderate any user-provided content that violates our guidelines or infringes on third-party rights. You must notify us immediately of any breach of security, unauthorized use of your account, or infringement on third-party rights that you become aware of at the following email address: tara@sanityplea.com

 

We may change, suspend, or discontinue the Services, the Website, and terms of use of the Website (including this Agreement and the Privacy Policy) at any time without notice, including the availability of any feature or content. We may also impose limits on certain features and Services or restrict User's access to parts or all of the Services without notice or liability.

 

The User certifies that it is legally permitted to use the Website, represents that it has all necessary permissions to provide us with the personal data to fulfill this Agreement, and takes full responsibility for the selection and use of the Website and Services. This Agreement is void where prohibited by law, and the right to access the Website and Services is revoked in such jurisdictions.

 

Services Involving Other Users

 

If you participate in any Services that involve other users, such as masterclasses, you agree to abide by any attendance criteria provided. If you are disruptive or abusive during any such Services, or you violate any of the attendance criteria, we reserve the right to expel you with no refund.

 

We are not responsible or liable for the conduct of other users involved in any such Services, regardless of any attendance criteria or otherwise. 

 

No Offer

 

Nothing on the Website or on our social media pages constitutes an offer. In all cases, the provision of Services is subject to our prior approval based on particular circumstances. We reserve the right to refuse to provide, and to discontinue providing, Services for any reason that does not violate applicable law. The terms, including pricing, of Services are subject to change.

 

No Confidentiality

 

TSP is not a law firm or medical provider. TSP is not subject to the confidentiality rules that apply to the attorney-client relationship or therapist-client relationship. To the extent permitted by applicable law, we may disclose your information for certain reasons, including if required by law, court order, subpoena, or ethical rules or to address any imminent health or safety issue or illegal activity (e.g., plans of suicide, threats of violence, apparent need for immediate medical attention, or suspicion of abuse, neglect, or exploitation by any person of a protected class of individual, such as children, persons with disabilities, or the elderly, etc.).

 

You agree not to disclose to TSP any information (via the Website, Services, or otherwise) that you are required to keep confidential, such as the confidences of your clients (e.g., if you are an attorney, law clerk, physician, therapist, etc.) or confidential business information of your employer that you are obligated not to disclose (by law or by contract). Do not disclose any health information via the Website or Services.

 

Lawful Use

 

You shall not use the Website, our social media pages, or Services for any unlawful purpose. You shall not upload, display, post, transmit, distribute, send, email, or submit through the Website, Services, or any of our social media pages anything that is (a) false, defamatory, infringing on third-party rights, misrepresenting, or would interfere with or restrict any other user from using the Website or social media page, including posting anything unlawful, obscene, abusive, profane, hateful, vulgar, libelous, indecent, threatening, invasive of privacy, or anything that would cause the potential for civil liability or criminal charges, (b) spyware, a computer virus, or malicious software or code, (c) intended to gain unauthorized access to, or send unsolicited material through, any feature or portion of the Website or any of our social media pages, or (d) encouraging of any conduct described in clauses (a)-(c).

 

You agree that any information you give to us shall always be accurate, correct, and up to date. You shall only be allowed to provide your own personal information and not the information of others. You shall not share your password or other login credentials for the Website or Services with anyone and shall protect such credentials from any unauthorized use or disclosure.

 

Intellectual Property

 

The Website, Services, and our social media pages contain intellectual property owned by us, including “The Sanity Plea” and “The Sanity Plea LLC” and other trademarks, servicemarks, tradenames, copyrights, proprietary information, content, logos, videos, designs, text, graphics, other files, and the selection and arrangement thereof (collectively, “Our IP”). 

 

You may not use in any format or manner whatsoever any of Our IP, in whole or in part, without our prior written consent. This means, among other things, that you may not reproduce, create derivative works of, redistribute, sell, or exploit the Website, Services, or our social media pages (or any of their content), in whole or in part, without our prior written consent, regardless of whether your access thereto was free or paid. We reserve the right to take legal action against any infringement of Our IP or under unfair competition laws.

 

For any content that you upload, display, post, or submit to us on the Website or on any of our social media pages or through any of our Services, (i) you warrant that you are the owner of such content, (ii) you grant the Indemnitees a royalty-free, perpetual, irrevocable, worldwide, non-exclusive right and license to identify you, publish, post, reformat, copy, distribute, display, edit, and reproduce any such content for any purpose without any compensation, and (iii) you waive any right to inspect, approve, or restrict the use of such content.

 

You agree not to (1) disclose or communicate any non-public information about TSP’s or your coach’s practice, materials, or methods to any third party or (2) use in any format or manner whatsoever any of Our IP, in whole or in part, without our prior written consent. You agree to indemnify, defend, and hold harmless the Indemnitees against any and all liabilities, damages, losses, costs, and expenses (including attorneys’ fees) to the extent resulting from, arising out of, or relating to your disclosure, communication, or use described in the foregoing clauses (1) and (2).

 

As used in this Agreement, “Indemnitees” is defined as Tara Rhoades and The Sanity Plea LLC, a Delaware limited liability company, and their respective predecessors, successors, affiliates, assigns, current and former direct and indirect shareholders and equityholders, directors, officers, parents, affiliates, subsidiaries, guarantors, fiduciaries, members, partners, managers, employees, trustees, beneficiaries, insurers, agents, representatives, spouse, cohabitants, attorneys, heirs, executors, and administrators.

 

Infringement notices must be sent to the following email address: tara@sanityplea.com

 

Third-Party Links; No Endorsement

 

The Website, Services, and our social media pages may contain links to other websites that are not operated by us. If you click on a third-party link, you will be directed to that third party's site. This Agreement and the Privacy Policy do not cover your use of any third-party sites, regardless of whether the Website, Services, or our social media page contains a link thereto. We strongly advise you to review the terms and policies of every site you visit. We have no control over and assume no responsibility or liability for the content, policies, terms, or practices of any third-party sites or services.

 

References or links on or in the Website, Services, and our social media pages to the services, products, or content of any other person (“Third-Party Content”) do not constitute our endorsement of such Third-Party Content, and we are not responsible or liable for any such Third-Party Content. If a reference or link to the Website, Services, or any of our social media pages appears in any other person’s Third-Party Content, this does not constitute our endorsement of such person or Third-Party Content.

 

Disclaimers

 

In emergency situations or if in crisis, Users should contact emergency services immediately.

 

Nothing on the Website or our social media pages and no aspect of the Services are to be construed as counseling, psychoanalysis, healthcare, physical therapy, personal training, nutrition/dietary services, diagnosis, treatment, consultation, or any type of therapy. This means, among other things, that the content of the Website, Services, and our social media pages does not constitute diagnosis or treatment of chemical dependency, substance use disorders, mental health conditions, physical health conditions, or any other conditions. If you feel the need for professional help of that kind, or if you feel psychologically stressed to the point that it is interfering with your ability to function, please have the courage to seek a licensed professional. It is your responsibility to do so.

 

We are not responsible or liable for any omissions or errors on the Website or our social media pages or in the Services. Nothing on the Website or our social media pages or in the Services is to be construed as professional advice. We do not assume responsibility or liability for actions taken or not taken based on the Website, Services, or our social media pages. Such information has not been evaluated by the Food and Drug Administration.

 

You are free to accept or reject any guidance, advice, or information on the Website or our social media pages or contained in the Services at any time, and you do so at your own risk. You acknowledge that you are fully responsible for decisions and actions taken or not taken by you, regardless of anything contained on the Website or our social media pages or in the Services.

 

Nothing on the Website or our social media pages or in the Services constitutes legal advice or legal opinion, and we do not have an attorney-client relationship with you. The Website, our social media pages, and Services are not substitutes for mental health care, treatment of substance use disorders, or professional advice, diagnosis, or treatment by legal, medical, financial, business, chemical dependency, or other qualified professionals. Tara Rhoades (a) is not acting as a therapist, physician, legal representative, financial professional, physical therapist, personal trainer, nutritionist, dietitian, or any other type of licensed professional and (b) does not purport to offer mental health, medical, financial, legal, or other professional services.

 

No promises or guarantees have been made to you, express or implied, regarding your outcomes, and no statements made on the Website or our social media pages or contained in the Services constitute a promise or guarantee. Any comments about your outcomes are simply expressions of judgment and are not binding. Testimonials on the Website or our social media pages or in the Services are not intended to represent or guarantee that you will achieve similar results.

 

Any earnings or income statements or examples shown through the Website, or our social media pages, or Services are for illustrative purposes only and are not intended to represent or guarantee that you will achieve similar results. There can be no assurance as to any particular financial outcome based on the use of the Website, our social media pages, or Services, and we are not responsible or liable for your financial outcomes.

 

Professional Coach Accreditation or Certification; Consent to Use of Information

 

The time for your coaching sessions, including introductory and pro bono sessions, may count towards your coach’s future professional coaching accreditation(s) or certification(s). You consent to the recording, storage, and disclosure of the dates and lengths of your coaching sessions, whether each session was paid or pro bono, a general overview of topics discussed, your name and contact details, and other necessary information to the extent required by the International Coaching Federation, the National Board for Health and Wellness Coaching, the Professional Association for ADHD Coaches, and similar organizations to meet the requirements for obtaining or renewing your coach’s accreditation(s) or certification(s).

 

You agree that topics you communicate with us or your coach may be anonymously and hypothetically shared with others for training or consultation purposes. In connection with future materials that, for marketing purposes, describe facets of our business and give examples of topics addressed with clients, you agree that, if those materials do not disclose your confidences or identify you as a client, they may contain factual summaries of your coaching topics and general results.

 

We may ask, with your written permission, if we may identify you in connection with marketing materials, such as case studies or testimonials.  If you decide not to consent, or if we do not ask you for consent, then we will not disclose your identity or information from which someone could with reasonable diligence discover your identity in connection with any such marketing materials.

 

The terms that apply to content that you upload, display, post, or submit to us on the Website or on any of our social media pages or through any of our Services are different from the terms in this section—see the section titled “Intellectual Property” above.

 

In each case, you agree that any feedback or suggestions that you provide may be used by us without any compensation or credits.

 

Miscellaneous; Survival

 

No agency, partnership, joint venture, employee-employer relationship, etc. is intended or created by this Agreement or use of the Website, our social media pages, or Services. In our sole discretion, we may assign this Agreement. If this Agreement is terminated for any reason, such termination shall be effective only to terminate Services or use of the Website prospectively, and all other terms of this Agreement shall survive any such termination.

 

Entire Agreement; No Waiver

 

This Agreement represents the parties’ complete understanding regarding the subject matter of this Agreement and replaces any prior agreements, written or oral. No course of dealing shall waive, modify, amend, or discharge any part of this Agreement.

 

Severability

 

Whenever possible, each provision of this Agreement shall be interpreted in such manner as to be effective and valid under applicable law, but if any portion of this Agreement is found to be illegal or otherwise unenforceable, the remainder of this Agreement shall remain in full force and effect and be interpreted to give effect to TSP’s intent to the fullest extent possible under applicable law.

 

Interpretation; Execution; Third-Party Beneficiaries

 

The headings and captions used in this Agreement are for reference purposes only and shall not affect in any way the meaning or interpretation of this Agreement. The word “or” is not exclusive. The word “including” and words of similar import shall be deemed to be followed by the words “without limitation.” The word “person” is defined to include natural persons as well as corporations, partnerships, trusts, incorporated or unincorporated associations, joint ventures, limited liability companies, governmental entities (and agencies and subdivisions thereof), and other entities of any kind.

 

This Agreement is for the sole benefit of TSP and User, and nothing in this Agreement express or implied shall give any person other than TSP and User any legal or equitable rights, except that the Indemnitees are hereby designated as third-party beneficiaries of this Agreement.

 

Governing Law

 

This Agreement shall be construed and enforced in accordance with, and governed by, the laws of the State of Texas (excluding its conflict-of-laws rules).

 

DISPUTE RESOLUTION

 

Any dispute arising out of this Agreement shall be submitted to arbitration under the rules of the American Arbitration Association at their location closest to Dallas, Texas. One arbitrator mutually agreed upon by TSP and User shall hear such dispute, or, if they cannot agree, one arbitrator shall be appointed by the American Arbitration Association. The decision of the arbitrator shall be binding on TSP and User and shall be enforceable in any court that has jurisdiction over the controversy. TSP and User shall bear 50/50 the fees charged by the arbitrator.  By agreeing to arbitration, TSP and User each agrees to waive the right to a jury trial. In the event any dispute or portion thereof cannot be arbitrated, TSP and User consent to the exclusive jurisdiction of the state or federal courts located in Dallas County, Texas with respect to any action or proceeding arising from or related to this Agreement. You agree that any dispute arising out of this Agreement shall be resolved solely between you and TSP. You waive any right to bring a class action against any Indemnitee and agree not to bring claims against any of them as a member of a class or as a representative.

 

LIMITATION OF LIABILITY; MITIGATION; INDEMNITY

 

We limit our liability to the fullest extent permitted by law. You agree to indemnify and hold us harmless from, and that we will not be liable to you for, any claims arising out of your use of our Services, social media pages, or Website.

 

In no event shall any Indemnitee be liable, whether in contract or in tort or under any other legal theory (including strict liability and negligence), for any direct, indirect, special, incidental, consequential, punitive, or similar damages arising out of, in connection with, or relating to the performance or non-performance of this Agreement or any of its terms or your use or non-use of the Website, our social media pages, or Services. In no event shall the liability of the Indemnitees, individually or in the aggregate, exceed the total amount of fees paid by you to TSP during the twelve months prior to the date the claim arose. Each of TSP and User agrees to use reasonable efforts to avoid and minimize any damages arising out of, in connection with, or relating to the actions or omissions of the other.

 

To the extent permitted by applicable law, you agree to indemnify, defend, and hold harmless the Indemnitees against any and all claims, whether in contract or in tort or under any other legal theory (including strict liability and negligence), arising out of, in connection with, or relating to (a) the performance or non-performance of this Agreement or any of its terms, (b) your use or non-use of the Website, our social media pages, or Services, (c) any and all actual or alleged decisions or actions taken or not taken by you that (actually or allegedly) arise out of, relate to, or were influenced or caused by your use or non-use of the Website, our social media pages, or Services, or (d) your breach of this Agreement or violation of law or rights of any person, including infringement of intellectual property rights (including Our IP and intellectual property of third parties), in the case of each of clauses (a)-(d), including any and all liabilities, damages, losses, costs, expenses, and attorneys’ fees. You shall fully cooperate and provide assistance and information to us if requested, at your sole cost, to defend any such claims.

 

TO THE FULLEST EXTENT PERMITTED BY APPLICABLE LAW:

 

1. WE MAKE NO WARRANTIES RELATED TO THE PERFORMANCE OR OPERATION OF THE WEBSITE;
2. WE MAKE NO REPRESENTATIONS OR WARRANTIES OF ANY KIND, EXPRESS OR IMPLIED, AS TO THE INFORMATION, CONTENT, MATERIALS, PROGRAMS, PRODUCTS, OR SERVICES INCLUDED ON OR THROUGH THE WEBSITE OR OUR SOCIAL MEDIA PAGES;
3. WE DISCLAIM ALL REPRESENTATIONS AND WARRANTIES, EXPRESS OR IMPLIED, INCLUDING IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, AND ANY WARRANTY AS TO WHETHER ANY INFORMATION IS CURRENT, COMPLETE, ERROR-FREE, OR SUITED TO YOUR PURPOSE; AND
4. THE INDEMNITIES ARE NOT LIABLE, WHETHER IN CONTRACT OR IN TORT OR UNDER ANY OTHER LEGAL THEORY (INCLUDING STRICT LIABILITY AND NEGLIGENCE), FOR (I) ANY FAILURE OF PERFORMANCE, ERROR, OMISSION, DENIAL OR DELAY OF SERVICES OR PRODUCTS, ATTACK, INTERRUPTION, DELETION, DEFECT, DELAY IN OPERATION OR TRANSMISSION, COMPUTER VIRUS, HACKING, OR LINE OR SYSTEM FAILURE; (II) LOSS OF REVENUE, ANTICIPATED PROFITS, BUSINESS, SAVINGS, INCOME, GOODWILL, OR DATA; OR (III) THIRD PARTY THEFT OF, DESTRUCTION OF, UNAUTHORIZED ACCESS TO, ALTERATION OF, OR USE OF YOUR INFORMATION OR PROPERTY, IN THE CASE OF EACH OF CLAUSES (I)-(III), REGARDLESS OF WHETHER ANY OF THE INDEMNITIES HAD BEEN ADVISED OF THE RISK OR COULD HAVE FORESEEN ANY DAMAGES.

 

Updates

 

We may update this Agreement from time to time. We will notify Users of any changes by posting the new Agreement on the Website and updating the "Last updated" date at the top of this Agreement.

You are advised to review this Agreement periodically for any changes. Changes to this Agreement are effective when they are posted on the Website. Use of the Website by the User following such changes constitutes the User's acceptance of such changes.

 

If you have any questions or concerns regarding this Agreement, please contact us at:

tara@sanityplea.com