These Terms of Service are effective as of February 1, 2022.
The terms set forth below apply to all fertility counseling services provided by Dr. Loree A. Johnson, LMFT to individuals and couples.
BY VISITING www.drloreejohnson.com YOU ARE CONSENTING TO OUR TERMS AND CONDITIONS.
Copyright © 2022 by Dr. Loree A. Johnson, LMFT
All rights reserved.
The terms “we”, “us”, “our”, and Dr. Loree Johnson refers to Loree A. Johnson, Ph.D., LMFT, and to Dr. Loree A. Johnson, Marriage Therapist, Inc. The term the “Site” refers to drloreejohnson.com. The term “user,” “you” and “your” refer to Site visitors, clients, any other users of the Site.
Loree A. Johnson, Ph.D., LMFT & Associates provides a website where users can gain information about emotional health and wellness, in addition to infertility and IVF. Use of drloreejohnson.com including all materials presented herein and all online services provided is subject to the following Terms and Conditions. These Terms & Conditions apply to all Site visitors, clients, and all other users of the Site. By using the Site or Service, and/or ordering a product from the Site, you agree to these Terms & Conditions, without modification, and acknowledge reading them.
We make no representation or warranty that the information provided, regardless of its source (the “Content”), is accurate, complete, reliable, current or error-free.
Dr. Loree A. Johnson disclaims all liability for any inaccuracy, error or incompleteness in the Content.
(i) “Fee” means the sum payable by you to us for the Services
(ii) “Services” means fertility counseling services (including but not limited to individual or couples counseling sessions, online or in-person, and any fertility counseling package comprised of numerous sessions) requested by you.
(iii) “Sessions” means fertility counseling sessions lasting 50 minutes in length.
(iv) “Program” means fertility counseling sessions and/or package consisting of several sessions.
(i) Upon execution of this Agreement, verbally, or otherwise, Dr. Loree A. Johnson agrees to render services related to emotional well-being by means of fertility counseling.
(ii) The terms of this Agreement shall be binding for any further goods/services supplied by Dr. Loree A. Johnson to the Client.
(iii) Parties agree that the Services are the nature of therapeutic coaching.
(iv) The scope of Services rendered by Dr. Loree A. Johnson pursuant to this contract shall be solely limited to those contained therein and provided for on Dr. Loree A. Johnson’s website as part of the Session and Program.
3. Appointment Scheduling/Cancellation
(i) Dr. Loree A. Johnson agrees to supply the Services to you and you agree to pay the Fee for the same subject to these Terms.
(ii) The exact date and time of our supply of Services agreed when you book one of the session slots in the online scheduling platform, or both parties confirm a date and time via email.
(iii) The amount of the Fee shall be agreed in advance between the two parties when you select one of the Services. By selecting a specific service, you are agreeing to pay the Fee in full at booking or in installments as stated in the booking form.
(iv) No variation of these Terms shall be binding unless agreed in writing and signed by both parties.
4. Session and Program Rules
(i) Each appointment at which time the Services are provided (the “Session”) will last for the time specified in the Service you booked and will take place over Zoom, Simple Practice, or telephone.
(ii) We require a 24-hour notice to reschedule a session, excluding weekends. Any session booked for a Monday will need to cancelled no later than noon the preceding Friday to avoid late cancellation charge of the full session fee.
(iii) Client agrees to abide by any Session and Program rules and/or regulations presented by Dr. Loree A. Johnson
(iv) The failure to abide by Session and Program rules and regulations shall be a material breach of this Agreement and therefore sufficient cause for immediate termination of this Agreement by Dr. Loree A. Johnson
(v) In the event of such termination, Client shall not be entitled to a refund of any monies paid and shall remain responsible for any outstanding amounts of the Fee.
(i) Client agrees to pay fees to Dr. Loree A. Johnson according to the payment schedule set forth on Company’s website, or otherwise provided to Client, and the payment plan selected by Client (the “Fee”).
(ii) Company shall charge a 5% (five percent) late fee on all outstanding balances not paid by date or dates as agreed between the parties.
6. Refund Policy
(i) Client agrees to pay to Company full amount of the Fee at time of booking.
(ii) There is a 24-hour cancellation policy for all Sessions. Sessions canceled within 24 hours of appointment are NOT ELIGIBLE for a refund. In the event that an appointment is scheduled on a Monday, Company needs to be notified the Friday prior BY NOON to avoid forfeiting the cancellation charge of the full session Fee.
(iii) If Client cancels participation in Program for any reason whatsoever, Client WILL NOT be entitled to receive a refund.
(iv) If Company is unable to render a portion of the Session or Program as agreed and no suitable rescheduling is able to be arranged, then a refund for that portion only of the Session or Program will be made to Client.
7. Chargebacks and Payment Security
(i) To the extent that Client provides Company with credit card(s) information for payment on Client’s account, Company shall be authorized to charge Client’s credit card(s) for any unpaid charges on the dates agreed.
(ii) If Client uses multiple payment plan to make payments to Company, Company shall be authorized to make all charges at the time they are due and not require separate authorization in order to do so. Client shall not make any chargebacks to the Company’s account or cancel the credit card that is provided as security without Company’s prior written consent.
(iii) Client is responsible for any fees associated with recouping payment on chargebacks and any collection fees associated therewith. Client shall not charge any of the credit card information provided to Company without notifying Company in advance.
8. Limitation of Liability
(i) By booking a Session and/or enrolling in the Program and using Company’s services, Client releases Company, its owner, employees from any and all damages that may result from the provision of the Services to the Client.
(ii) The Services are educational/informational for the Client’s emotional well-being.
(iii) Client agrees that s/he accepts any and all risks, foreseeable and unforeseeable, arising from such Services.
(iv) In any event, if Company is found to be liable, Company’s liability to Client and to any third party is limited to the lesser of the total fees Client paid to Company in the one month prior to the action giving rise to the liability.
(v) All claims against Company must be logged within 30 calendar days of the date of the cause of action arising or otherwise the right of action is forfeited.
(vi) Client agrees that Company, its owner, and employees shall never be held liable for any damages of any kind resulting or arising from the provision of the services including but not limited to punitive, direct, indirect, incidental, special, negligent, consequential, or exemplary damages happening from the use or misuse of the Company’s Services or booking a Session or enrollment in a Program.
(vii) Client agrees that s/he uses Company’s Services at Client’s own risk.
9. Disclaimer of Guarantee
(i) Client accepts, acknowledges and agrees that s/he is entirely and solely responsible for her/his progress, decisions and results of her/his actions from suing, participating and enrolling in the Services.
(ii) Client accepts and agrees that the Company cannot control the Client’s responses to the provision of the Services under this Agreement.
(iii) Company makes no representations or guarantees whatsoever regarding performance of this Agreement other than those specifically stated herein.
(iv) Company disclaims, as far as is permitted by law, the implied warranties of titles, merchantability and fitness for a particular purpose.
(v) Company makes no guarantee or warranty that the services will meet the Client’s requirements or that all clients will achieve the same or similar results.
10. No Substitute of Medical Treatment
(i) Client agrees to be mindful of her/his own health and well-being during the provision of any services and to seek appropriate medical treatment (including, but not limited to, psychotherapy) if needed.
(ii) Company is a Licensed mental health provider in the state of California. Psychotherapy services are separate and distinct from fertility counseling. If Client resides within the jurisdiction of Company’s license, psychotherapy services provided by Dr. Loree A. Johnson may be discussed. If Client’s clinical presentation is outside of Company’s scope and/or if Client resides outside the State of California, appropriate referrals will be made when therapy is requested.
(iii) Company is not responsible for any decisions made by Client as a result of the Services and any consequences thereof.
Either Party may terminate this Agreement for any or no reason upon five (5) days prior written notice of termination, during which time the Company will provide Services (unless the reason for termination is Client’s non-payment hereunder, in which case the Company may terminate this Agreement immediately and with written notice) and the Client shall continue to pay the Company for its Services pursuant to this Agreement.
(i) The term “Confidential Information” shall mean information which is not generally known to the public relating to the Client’s personal affairs and well-being.
(ii) Company agrees not to disclose, reveal or make use of any Confidential Information of Client, during discussions with Client, the Session with Company, or otherwise, without the written consent of Client.
(iii) Company shall keep the Confidential Information of the Client private and shall use its best efforts to safeguard the Client’s Confidential Information and to protect it against disclosure, misuse, espionage, loss and theft.
(iv) Client Confidential Information shall not include material created by Client on social media (including, but not limited to, Facebook, Pinterest, LinkedIn, Twitter, and Instagram).
13. Third-Party Resources
The Site and the Service contain links to third-party websites and resources. You acknowledge and agree that we are not responsible or liable for the availability, accuracy, content, or policies of third-party websites or resources. Links to such websites or resources do not imply any endorsement by or affiliation with Dr. Loree A. Johnson. You acknowledge sole responsibility for and assume all risk arising from your use of any such websites or resources
14. Mutual Non-Disparagement
Client agrees that s/he will not, at any time, make, directly or indirectly, any oral or written public statements that are disparaging of the Company, its owner and/or employees its products or services. The Company agrees that it will not, at any time, make directly or indirectly, any oral or written public statements that are disparaging of the Client.
(i) Client shall defend, indemnify, and hold harmless Company, The Company, its owner and/or employees from and against any and all liabilities and expense whatsoever – including without limitation, claims, damages, judgments, awards, settlements, investigations, costs, attorney’s fees, and disbursements – which any of them may incur or become obligated to pay arising out of or resulting from the offering for sale, the sale, and/or use of the services(s), excluding, however, any such expenses and liabilities which may result from a breach of this Agreement or sole negligence or willful misconduct by Company, or its owner and/or employees.
(ii) Client shall defend Company in any legal actions or the like arising from or related to this Agreement where such action brought by a third party for or on behalf of Client.
(iii) Client recognizes and agrees that all of the Company, its owner, and/or employees shall never be held personally, individually, or collectively liable for any actions or representations of the Company.
If any provision or provisions of this Agreement shall be held to be invalid, illegal or unenforceable for any reason whatsoever: (a) the validity, legality and enforceability of the remaining provisions of this Agreement (including, without limitation, each portion of any Section, paragraph or sentence of this Agreement containing any provision held to be invalid, illegal or unenforceable, that is not itself invalid, illegal or unenforceable) shall not in any way be affected or impaired thereby and shall remain enforceable to the fullest extent permitted by law; (b) such provision or provisions shall be deemed reformed to the extent necessary to conform to applicable law and to give the maximum effect to the intent of the parties hereto; and (c) to the fullest extent possible, the provisions of this Agreement (including, without limitation, each portion of any Section, paragraph or sentence of this Agreement containing any such provision held to be invalid, illegal or unenforceable, that is not itself invalid, illegal or unenforceable) shall be construed so as to give effect to the intent manifested thereby.
17. Governing Law
The Agreement shall be construed in accordance with and governed by the laws of the State of California. The Parties hereby agree that all disputes arising out of this Agreement shall be subject to the exclusive jurisdiction of the state and federal courts located in Los Angeles, CA.
18. Entire Agreement
(i) This Agreement constitutes the entire agreement between the parties pertaining to the subject matter hereof and supersedes all prior and contemporaneous agreements, negotiations, and understandings, oral or written.
(ii) This Agreement may be modified only by an instrument in writing duly executed by both parties.
19. Other Terms
We can amend these Terms of Service at any time and will update these Terms of Service in the event of any such amendments. It is your sole responsibility to check the Site from time to time to view any such changes in this Agreement. Your continued use of the Site or the Service signifies your agreement to our revisions to these Terms of Service. For this additional reason, you should keep your contact and profile information current. Any changes to these Terms (other than as set forth in this paragraph) or waiver of our rights hereunder shall not be valid or effective except in a written agreement bearing the physical signature of one of our officers. No purported waiver or modification of this Agreement on our part via telephonic or email communication shall be valid.
If any part of this Terms of Service Agreement is held or found to be invalid or unenforceable, that portion of the Agreement will be construed as to be consistent with applicable law while the remaining portions of this Agreement will remain in full force and effect. Any failure on our part to enforce any provision of this Agreement will not be considered a waiver of our right to enforce such a provision. Our rights under this agreement survive any transfer or termination of this agreement.
You agree that any cause of action related to or arising out of your relationship with the Company must commence within 30 days after the cause of action accrues. Otherwise, such cause of action is permanently barred.
These Terms of Service and your use of the Site and Services are governed by the federal laws of the United States of America and the laws of the State of California, without regard to conflict provisions.