TERMS AND CONDITIONS OF USE
Effective October 9, 2023

This Agreement is between User and www.esprittherapeutics.com.

Welcome to our site.

The www.esprittherapeutics.com website (referred to in this Agreement as the "Site") is comprised of various web pages with various domains owned and operated by Esprit Therapeutics, LLC (“Company”).

All references to the Company will be included in any reference to the Site.

The Site is offered to you conditioned on your acceptance without modification of the terms, conditions, and notices contained herein (the "Terms"). Your use of the Site constitutes your agreement to all such Terms. Please read these terms carefully, and keep a copy of them for your reference.

The Site is a service providing personal mental health therapy.

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

All affiliate links that connect to the Site or are used in connection to this Site and owned by Company is subject to the Privacy Policy.  

Electronic Communications
Visiting the Site or sending emails to Company 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 Thirteen in the US and Sixteen in the EU
Site does not knowingly collect personally identifiable information from children under the age of thirteen in the US or 16 in the EU. If you are under 16, you may use the Site only with permission of a parent or guardian. Please review our Privacy Policy on the data we collect.

Refund/Cancellation Policy
Refund Policy - No refunds are provided for completed services or those marked “no show” or “late cancelled”.

Service Scheduling/Cancellation Policy
Check the terms for each service or product which will govern. If there are no specific terms, then the terms here will control.

1:1 mental health therapy services – To schedule an appointment, contact Esprit Therapeutics via the contact form on www.esprittherapeutics.com, by email at jocelyn@esprittherapeutics.com, or by phone at 571-266-1275. Following an initial consultation, if it is deemed that consumer and clinician are a good fit for working together, clinician will email consumer a link to complete the intake paperwork. Once the intake paperwork is complete, clinician will contact consumer via email to schedule an intake date and time.

Cancellation policy – The cancellation fee applies for “no shows” and “late cancelled” appointments. An appointment is considered “no show” if there is no attendance within the first 15 minutes of the session, no contact has been made by the consumer to the clinician, and no alternative arrangements have been created. An appointment is considered “late cancelled” if it is cancelled or rescheduled within 24 hours of the start of the appointment. The cancellation fee is the cost of the session – individual therapy is $160, the intake is $200.

Online Portal/User Account
This Site allows for Users to create and/or manage an account. The User may be asked to provide private information. Users are responsible for ensuring the accuracy of information they provide and the information in their account. Users are also responsible for maintaining the safety and security of identifying information, activities in the account, and User username, account number, and password.

Users shall use Site accounts for lawful and authorized purposes only. Users shall follow instructions for opening, accessing, using, and closing their accounts on this Site, including receiving and resetting passwords. Users are restricted to one account per User, unless expressly permitted by the Site.

The User is responsible for reporting any suspected theft of their account information to the Site or other security issues immediately.

The Site retains ownership over all User accounts and reserves the right to terminate User access at any time and for any reason, edit or remove content, and cancel orders in our sole discretion.

Termination/Access Restriction
Company reserves the right, in its sole discretion, to terminate your access to the Site and the related services or any portion thereof at any time, without notice. Any User content may be lost upon termination or access revocation. In such cases, the Company/Site shall not be held liable for User content lost.

User Content on Site
Any content User posts, uploads, or creates on the Site, the User grants the Company/Site an irrevocable, non-transferrable, unlimited and unrestricted copyright license to use, display, publish, host, and print without compensation to the User. User is solely responsible for the User content and will be liable for all copyright and trademark infringement as well as any other liability arising out of or in connection to User content uploaded, hosted, or posted on the Site. User shall refrain from defamatory and derogatory comments. The Site is not responsible for User content or actions but reserves the right to take appropriate action to comply with the law and remove any offending, defamatory, derogatory, or any other content the Site has chosen not to permit within its sole discretion. 

Blog
This Site is not liable for offensive or harmful comments left by Users on the Site and Site’s blog. Spam and profanity are prohibited. Any views and opinions expressed on the blog is that of its authors and shall not be construed as belonging to the Site. The Site shall not be liable for any actions of a User on this Site and blog. All content is for informational and/or educational purposes only and any Users are solely responsible for any actions they take based on blog contents.

Links to Third Party Sites/Third Party Services
The Site may contain links to other websites ("Linked Sites"). The Linked Sites are not under the control of the Site and 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. The Site is providing these links to you only as a convenience, and the inclusion of any link does not imply endorsement by the Site of the site or any association with its operators.

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

General Disclaimer
The use of this Site and information provided is for educational and informational purposes only, unless stated otherwise. You are solely responsible for any liability that results from actions you take based on the educational material provided on the Site or products and services purchased through the Site or Linked Sites.

No Unlawful or Prohibited Use/Intellectual Property
You are granted a non-exclusive, non-transferable, revocable license to access and use the Site strictly in accordance with these terms of use. As a condition of your use of the Site, you warrant to Company 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 which 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, videos, recordings, as well as the compilation thereof, and any software used on the Site, is the property of Company or its suppliers and protected by copyright and other laws that protect intellectual property and proprietary rights. You agree to observe and abide by all copyright and other proprietary notices, legends 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 or in the products and services purchased from the Site. Company content is not for resale. 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 will use protected content solely for your personal use, and will make no other use of the content without the express written permission of the Company and the copyright owner. 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 the Company or our licensors except as expressly authorized by these Terms.

International Users
The Service is controlled, operated and administered by the Company from our offices within the USA. If you access the Service from a location outside the USA, you are responsible for compliance with all local laws. You agree that you will not use the Site content accessed through the Site in any country or in any manner prohibited by any applicable laws, restrictions or regulations.

Indemnification
You agree to indemnify, defend and hold harmless the Company, its officers, directors, employees, agents and third parties, 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 violation of any terms of this Agreement or your violation of any rights of a third party, or your violation of any applicable laws, rules or regulations. Company reserves the right to assume the exclusive defense and control of any matter otherwise subject to indemnification by you, in which event you will fully cooperate with in asserting any available defenses.

Class Action Waiver
Any action 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 Company agree otherwise, an 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 THE SITE MAY INCLUDE INACCURACIES OR TYPOGRAPHICAL ERRORS. CHANGES ARE PERIODICALLY ADDED TO THE INFORMATION HEREIN. COMPANY AND/OR ITS SUPPLIERS MAY MAKE IMPROVEMENTS AND/OR CHANGES IN THE SITE AT ANY TIME.

COMPANY AND/OR ITS SUPPLIERS MAKE NO REPRESENTATIONS ABOUT THE SUITABILITY, RELIABILITY, AVAILABILITY, TIMELINESS, AND 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. COMPANY 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 COMPANY AND/OR ITS SUPPLIERS BE LIABLE FOR ANY DIRECT, INDIRECT, PUNITIVE, INCIDENTAL, SPECIAL, 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 RELATED SERVICES, THE PROVISION OF OR FAILURE TO PROVIDE SERVICES, OR FOR 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 COMPANY 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.

 DAMAGES ARE LIMITED TO ACTUAL DAMAGES.

Governing Law and Forum Selection
To the maximum extent permitted by law, this Agreement is governed by the laws of the State of Virginia and you hereby consent to the exclusive personal jurisdiction and venue of courts in Fairfax County, Virginia 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. Any action brought under this Agreement shall be limited to actual damages.

Relationship of the Parties
You agree that no joint venture, partnership, employment, or agency relationship exists between you and Company as a result of this agreement or use of the Site. Company’s performance of this agreement is subject to existing laws and legal process, and nothing contained in this agreement is in derogation of Company'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 Company with respect to such use.

Entire Agreement
Unless otherwise specified herein, this Agreement constitutes the entire agreement between the user and Company/Site with respect to the Site and it supersedes all prior or contemporaneous communications and previous Terms & Conditions of Use, whether electronic, oral or written, between the user and Company with respect to the Site. 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 to the parties that this agreement and all related documents be written in English.

Changes to Terms
The Site reserves the right, in its sole discretion, to change the Terms under which the Site is offered. The most current version of the Terms will supersede all previous versions. The Site encourages you to periodically review the Terms to stay informed of our updates.

Non-Waiver
If any party to this Agreement fails to enforce any provision hereof, or fails to exercise any right at any time, such failure shall not constitute a waiver of that or any other provision or right.

Severability
If any part of this agreement is determined to be invalid, void, or otherwise 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 full force and effect.

Contact Information
We welcome your questions or comments regarding the Terms and Conditions. Please contact us at:
Esprit Therapeutics, LLC
6412 Brandon Ave, #153, Springfield, VA 22150
business@esprittherapeutics.com