Terms and Conditions

Dr. Matt Polacheck Therapeutic Services LLC, and sometimes referred to as “we”, “us” and “our”) has adopted these Terms and Conditions (“Terms”) to govern our users’ (“user” “you” or “your”) use of this website and other online services we provide (collectively, the “Platform”).  Please read the Terms carefully before using the Platform.  By using the Platform, you agree to comply with and be bound by these Terms.  If you do not agree to the Terms, you should not use the Platform. 

Agreement

These Terms are an agreement between you and us that specifies the terms and conditions for your access to, and use of, the Platform.  The Platform is offered to you conditioned on your acceptance, without modification, of these Terms. We may modify these Terms at any time by posting a modified Terms and Conditions on the Platform and/or emailing you to let you know about such modifications.  Any modifications shall be effective immediately, and your continued use of the Platform after any modifications constitute acceptance of such modifications.  You can view the most recent version of these Terms at any time on the Platform.

About Dr. Matt

The Platform is an E-Commerce website. Dr. Polacheck is licensed therapist and speaker  based in California. As a therapist, speaker, and author,, we offer  presentations, continuing care training, written materials , and group and individual treatment and therapy.

Other Terms and Policies

When using our Platform, you are subject to any posted policies, guidelines or rules applicable to use of the Platform and any services provided through the Platform including, but not limited to, the Privacy Policy (collectively, “Other Terms and Policies”).  The Other Terms and Policies, and any other terms and conditions meant by their nature to be incorporated into these Terms, are hereby incorporated.  We reserve the right, and you authorize us, to use and disclose information regarding your use of the Platform and all information provided by you in any manner consistent with our Privacy Policy and in accordance with all applicable laws and regulations including, but not limited to, the California Consumer Privacy Act of 2018, as may be amended from time to time, and subject to any rules and regulations promulgated by the Attorney General of California from time to time, if applicable.  We further reserve the right to disclose any information as necessary to satisfy any applicable law, regulation, legal process or governmental request.

Electronic Communications

Visiting the Platform or sending emails to Dr. Polacheck 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 Platform, satisfy any legal requirement that such communications be in writing.

Changes to Products, Services and Prices

We reserve the right to make changes to the services, products and prices listed on the Platform, and to other content on the Platform, at any time without providing you prior written notice of such changes, subject to the below.  We also reserve the right to correct any typographical errors, inaccuracies or inconsistencies found on the Platform, at any time without providing you with prior written notice of such changes.

We may charge certain fees for access to portions of the Platform, services provided through the Platform, or access to the Platform as a whole.  We reserve the right to change the amount of any such fees at any time.  We will notify you of any changes to the fees in advance.  You are responsible for all applicable taxes relating to the use of the Platform and acknowledge that there may be third-party fees related to your use of the Platform which are not included in the fees we charge, such as fees to Internet service providers and providers of mobile data plans.

User Conduct

You agree that you will not:

• use the Platform for any illegal or unauthorized purposes;

• use the Platform in a way that violates these Terms or the Other Terms and Policies;

• use the Platform for any commercial purpose whatsoever other than for your personal use;

• distribute any part of the Platform over any network, including a local area network;

• sell or offer for sale any part of the Platform;

• attempt to gain unauthorized access to the Platform or the network and servers associated with the Platform; 

• remove any copyright, trademark or other proprietary rights notices contained in or on the Platform;

• circumvent, or attempt to circumvent, security or access control technology used by the Platform or the network and servers associated with the Platform;

• interfere or attempt to interfere with the proper working of the Platform or any activities conducted on the Platform, including to utilize framing techniques to enclose any content or other proprietary information, place pop-up windows over the Platform’s pages, or otherwise affect the display of the Platform’s pages;

• collect or otherwise use contact information available on the Platform for purposes of sending improper, unsolicited communications and that you will not use any of our communications facilities to deliver, or attempt to deliver, improper, unsolicited communications;

• collect or store personal data about others;

• use the Platform in any manner that would degrade the functioning or performance of the Platform, including launching Denial-of-Service (DoS) attacks against the Platform;

• use the Platform in any manner that could damage, disable, overburden, or impair the Platform, or interfere with any other party’s use and enjoyment of the Platform;

• transmit any viruses, worms, defects, Trojan horses, or any items of a destructive nature;

• run Mail list, Listserv, or any form of auto-responder or “spam” on the Platform;

• attempt to decipher, disassemble, reverse-engineer or decompile any software comprising or in any way making up a part of the Platform;

• use manual or automated software, devices, or other processes to “crawl” or “spider” any page of the Platform, including to engage in the practices of “screen scraping,” “database scraping” or any other activity with the purpose of obtaining content or other information; or

• use any robot, spider, website search/retrieval application, or other device to retrieve or index any portion of the Platform or collect information about its users for any unauthorized purpose.

Your use of the Platform is at our discretion and we may terminate your use of the Platform at any time. Violation of these Terms may result in civil or criminal liability, and we may work with law enforcement authorities to prosecute users who violate these Terms.

Your Account

You may require a password and account identification to allow you to access and use certain portions of the Platform. You may provide us with certain information during the registration process, which you agree to keep accurate and updated.  Each set of login credentials is for a single user only.  To that end, you are not allowed to share your credentials with any other person.  Should we discover that multiple users are sharing your login credentials, we may suspend or terminate your access to the Platform.

Each time you use a password or identification, you will be deemed to be authorized to access and use the Platform in a manner consistent with these Terms.  We have no obligation to investigate the authorization or source of any such access or use of the Platform.  You are solely responsible for all access to and use of the Platform by anyone using your password or identification whether or not such access to and use of the Platform is actually authorized by you.  You are solely responsible for protecting the security and confidentiality of the password and identification assigned to you.  You must notify us immediately of any unauthorized use of your password or identification or any other breach or threatened breach of the Platform’s security.

Online Payments 

The online payment services we offer are provided as a convenient way to make payments, but do not alter or modify the terms of your subscription. If the Platform is unavailable for any reason, you remain responsible for making timely payments on or before the scheduled due date. Payments received after the due date may be assessed a late fee to the extent permitted by applicable law. If you use our online payment service, you must make the applicable payments in full. In the event your subscription expires for failure to make timely payments, you will be required to pay any outstanding reinstatement or late fees plus an amount sufficient to renew the subscription on the previously established schedule prior to re-enrolling in our online payment services. If the applicable reinstatement period provided by applicable law has expired, online payment services may not be available to you and you may be required to contact us to process your payments.

In using online payment processing, it is your responsibility to ensure that sufficient funds are available to complete any online payments. You agree that you may be charged a returned item fee if sufficient funds are not available at the time of the scheduled payment. Contact your financial institution to determine if you will incur any additional charges for an online payment. If a transaction is refused by your financial institution for any reason, including insufficient funds, closed account, unauthorized account, or exceeding account limits, we  will not be able to process your payment. You may be subject to additional charges if your payment is rejected, reversed or refused by your financial institution.

Participation in online payment services is optional. You may change or terminate your enrollment elections at any time by logging on to your account. Likewise, we reserve the right to discontinue accepting online payments at any time, for any reason, without prior written notice. We may send notification of termination of these services at any time after the termination is effective.

One-Time Payments

By authorizing an online payment, you are authorizing us to make a one-time debit to the bank or card account you designate in the amount due. If you utilize a third-party money transfer service or mobile application, your transaction may be subject to additional terms and conditions of such applications and may incur fees or charges not assessed by us. Upon completion of a payment, we will email you a receipt indicating the amount debited at your direction. Payments will be debited from your designated bank or card account on or after the date you elect to make the online payment. In the event that the online payment process requires a billing adjustment to the account, it will cancel the withdrawal and establish a new withdrawal for the amount and/or payment date. If you need to update your card or bank account information at any time, you may update your banking information online by logging on to your account.

AutoPay

By enrolling in AutoPay, you are authorizing us to debit the bank or card account you designate each renewal period to automatically pay the amount due for each subscription you have enrolled. If you utilize a third-party money transfer service or mobile application, your transaction may be subject to additional terms and conditions of such applications and may incur fees or charges not assessed by us. Upon completion of each scheduled payment, we will email you a receipt indicating the amount and date of the payment that was automatically debited. Automatic payments in the amount owed for each subscription enrolled in AutoPay will be debited from your designated bank or card account on the date each renewal payment is due. In the event that the online payment process requires a billing adjustment to the account, it will cancel the withdrawal and establish a new withdrawal for the amount and/or payment date. If you need to update your checking or savings account information at any time, you may update your banking information online by logging on to your account.

To cancel an AutoPay payment, you will need to log in to your account and deselect the subscription at least one business day before the transaction is scheduled to occur. You may change or cancel scheduled payments up to one day before the scheduled payment date. Same day payments cannot be cancelled. You may opt out of AutoPay at any time; however changes may take up to one day to take effect. Your AutoPay program enrollment will remain active and in effect until you cancel or until an AutoPay scheduled payment is unsuccessful due to unavailability of funds for any reason. To cancel any AutoPay election or to update any account information, log in to your account. If an AutoPay scheduled payment is cancelled due to unavailability of funds, or at your election, the affected subscription(s) will no longer be enrolled in AutoPay and you will be required to contact us to make payment or log into your account and update your payment methods to provide another method of payment on or before the scheduled renewal date to avoid cancellation of your subscription(s). In the event your subscription expires for failure to make a timely renewal payment, you will be required to pay any outstanding reinstatement/late fees plus an amount sufficient to renew the subscription on the previously established schedule prior re-enrolling in AutoPay.

Children Under Sixteen

The Platform is not intended for any children under the age of 16. Anyone under the age of 16 is prohibited from using the Platform.  By using the Platform, you represent and warrant that you are at least 16 years old. If you are under 18, you may use the Platform only with permission of a parent or guardian.

Cancellation/Refund Policy

You may cancel your subscription at any time. Annual Subscriptions may be refunded at a prorated amount. Please contact us at info@leashspace.com or LeashSpace@gmail.com with any questions. 

Links to Third Party Websites/Third Party Services

The Platform may contain links to other websites or resources (“Linked Sites”). The Linked Sites are not under the control of Dr. Polacheck and Dr. Matt Polacheck therapeutic services  LLC  is not responsible for the availability, contents, advertising, products or other materials on or available from any Linked Site, including without limitation any link contained in a Linked Site, or any changes or updates to a Linked Site.

We provide these links to you only as a convenience, and the inclusion of any link does not imply endorsement by Dr. Matt Polacheck of the website or any association with its operators. You acknowledge and agree that we shall not be responsible or liable, directly or indirectly, for any damage or loss caused or alleged to be caused by or in connection with use of or reliance on any such content, goods or services available on or through any such Linked Site.

Certain services made available via the Platform are delivered by third party websites and organizations. By using any product, service or functionality originating from the Platform, you hereby acknowledge and agree that Dr. Matt Polacheck may share such information and data with any third party with whom Dr. Matt Polacheck Therapeutic Services LLC  has a contractual relationship to provide the requested product, service or functionality on behalf of our users and customers.

Third Party Listings

Some of the properties listed on the Platform may be published by third parties, including property owners, property managers, brokers and agents. We have the right, but not the obligation, to monitor the listings on the Platform and verify information provided in such listings. For example, we may review, disable access to, remove or edit listings in our sole and absolute discretion.

Notwithstanding the above, we make no representations, warranties or guarantees regarding, and are in no way responsible for products listed by third parties,. You acknowledge and agree that we shall not be responsible or liable, directly or indirectly, for any damage or loss caused or alleged to be caused by or in connection with use of or reliance on any listing published on the Platform by a third party.

Intellectual Property

All content included as part of the Service, such as  written material, presentations, educational information, text, photographs, graphics, logos, images, audio, computer code, software, other content as well as the compilation thereof, and the copyrights thereto, are the property of Dr. Matt Polacheck Therapeuitc services LLC or our third-party licensors, as applicable. Additionally, all content or intellectual property included on the Platform is and shall continue to be our sole and exclusive property, or the property of our content suppliers, as the case may be, and is 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 are granted a non-exclusive, non-transferable, revocable license to view copy, download  and print the information and images on the Platform strictly in accordance with these Terms and the Other Terms and Policies, including, without limitation, your compliance with each of the following: 

• all such materials may be used solely for your personal, non-commercial and informational purposes; 

• none of the materials may be modified; and 

• the following copyright notice and permission notice must appear on each such document: 

“© Copyright 2021 Dr. Matt Polacheck Therapeutic Services, LLC.  All rights reserved. Materials available from Dr. Matt Polacheck Therapeutic Services,  LLC websites are protected by the copyright laws of the United States and International Treaties.  All use of these materials is subject to the Terms and Conditions set forth at Dr. Matt Polacheck Therapeuitc Services LLC.” 

You are prohibited from modifying, publishing, transmitting, reproducing, copying, displaying, performing, redistributing, reverse engineering, participating in the transfer or sale, creating derivative works from, or in any way exploiting any of the content, in whole or in part, found on the Platform for commercial purposes. 

An application to register Dr. Matt Polacheck Therapeutic Services, standard character mark) has been filed by Dr. Matt Polacheck Therapeutic Services,  with the U.S. Patent and Trademark Office and is currently pending. The aforementioned trademark and any other trademark or service mark applied for or owned by Dr. Matt Polacheck Therapeutic Services,  collectively referred to as “our marks” or “our trademarks,” identify the products and services we provide, and let the public know the source of such products and services.  You may not use our marks including, but not limited to, our trademarks, service marks, tradenames, logos, taglines, or stylized/design marks, without our prior written consent. 

You may not use any of our trademarks (1) in a service name or publication title not associated with us, (2) in, as or as part of your own service or trademarks, (3) to identify services or products that are not ours, (4) in a way that is likely to cause confusion, (5) in a way that inaccurately implies that we endorse, sponsor, or are otherwise connected with your activities, products or services, or (6) as embedded or hidden text in webpages in an effort to cause a search of our marks to result in a hit on a page not maintained by us.

There may be trademarks, copyrights, or other intellectual property owned by or licensed to us used on the Platform, and such intellectual property may not be reproduced, copied, published, displayed, performed, modified, used to create derivative works, transmitted, redistributed or in any way exploited without our prior written consent.  Other product, service and company names mentioned on the Platform may be trademarks of their respective owners and may not be used without prior written consent from such owners.

Our content is not for resale. Your use of the Platform 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 our express written permission 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 Dr. Matt Polacheck Therapeutic Services, or our licensors except as expressly authorized by these Terms. Under no circumstances will you acquire any ownership rights or other interest in any content or intellectual property rights by or through your use of the Platform.

Use of Communication Services

The Platform may contain bulletin board services, chat areas, news groups, forums, communities, personal web pages, calendars, and/or other message or communication facilities designed to enable you to communicate with the public at large or with a group (collectively, “Communication Services”). You agree to use the Communication Services only to post, send and receive messages and material that are proper and related to the particular Communication Service.

By way of example, and not as a limitation, you agree that when using a Communication Service, you will not: defame, abuse, harass, stalk, threaten or otherwise violate the legal rights (such as rights of privacy and publicity) of others; publish, post, upload, distribute or disseminate any inappropriate, profane, defamatory, infringing, obscene, indecent or unlawful topic, name, material or information; upload files that contain software or other material protected by intellectual property laws (or by rights of privacy of publicity) unless you own or control the rights thereto or have received all necessary consents; upload files that contain viruses, corrupted files, or any other similar software or programs that may damage the operation of another’s computer; advertise or offer to sell or buy any goods or services for any business purpose, unless such Communication Service specifically allows such messages; conduct or forward surveys, contests, pyramid schemes or chain letters; download any file posted by another user of a Communication Service that you know, or reasonably should know, cannot be legally distributed in such manner; falsify or delete any author attributions, legal or other proper notices or proprietary designations or labels of the origin or source of software or other material contained in a file that is uploaded; restrict or inhibit any other user from using and enjoying the Communication Services; violate any code of conduct or other guidelines which may be applicable for any particular Communication Service; harvest or otherwise collect information about others, including e-mail addresses, without their consent; violate any applicable laws or regulations.

We have no obligation to monitor the Communication Services. However, we reserve the right to review materials posted to a Communication Service and to remove any materials in our sole discretion. We also reserve the right to terminate your access to any or all of the Communication Services at any time without notice for any reason whatsoever.

We reserve the right at all times to disclose any information as necessary to satisfy any applicable law, regulation, legal process or governmental request, or to edit, refuse to post or to remove any information or materials, in whole or in part, in our sole discretion.

Always use caution when giving out any personally identifying information about yourself or your children in any Communication Service. We do not control or endorse the content, messages or information found in any Communication Service and, therefore, we specifically disclaim any liability with regard to the Communication Services and any actions resulting from your participation in any Communication Service. Managers and hosts are not authorized Dr. Matt Polacheck Therapeutic Services,  spokespersons, and their views do not necessarily reflect those of Dr. Matt Polacheck Therapeutic Services, Materials uploaded to a Communication Service may be subject to posted limitations on usage, reproduction and/or dissemination. You are responsible for adhering to such limitations if you upload the materials.

Materials Provided to Us or Posted on the Platform

We do not claim ownership of the materials you post, upload, input, provide or submit on the Platform (including feedback and suggestions) or our associated services (collectively “Submissions”). However, by posting, uploading, inputting, providing or submitting your Submission you are granting us, our affiliated companies and necessary sublicensees an irrevocable, perpetual, royalty-free, worldwide license to use your Submission in connection with the operation of our businesses in any manner including, without limitation, the rights to: copy, distribute, transmit, publicly display, publicly perform, reproduce, edit, translate and reformat your Submission, and to publish your name in connection with your Submission.

No compensation will be paid with respect to the use of your Submission, as provided herein. We are under no obligation to post or use any Submission you may provide and may remove any Submission at any time in our sole discretion.

By posting, uploading, inputting, providing or submitting your Submission you warrant and represent that you own or otherwise control all of the rights to your Submission as described in this section including, without limitation, all the rights necessary for you to provide, post, upload, input or submit the Submissions.

Third Party Accounts

You will be able to connect your Dr. Matt Polacheck Therapeutic Services, account to third party accounts. By connecting your LeashSpace account to your third party account, you acknowledge and agree that you are consenting to the continuous release of information about you to others (in accordance with your privacy settings on those third party websites). If you do not want information about you to be shared in this manner, do not use this feature.

International Users

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

Indemnification

You agree to indemnify, defend and hold harmless Dr. Matt Polacheck Therapeutic Services, our subsidiaries, affiliates, licensors, content providers, service providers, employees, agents, officers, directors, shareholders, members, partners and contractors (collectively, the “Indemnified Parties”) from 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 Platform, any user postings made by you, your violation of any terms of these Terms, your violation of any rights of a third party, or your violation of any applicable laws, rules or regulations. We reserve the right, at our 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 us in asserting any available defenses.

Governing Law

These Terms and your use of the Platform shall be governed by the laws of the State of California, as applied between residents of that state entering into contracts to be performed wholly within the State of California, without regard to its conflict of law provisions.  Use of the Platform is unauthorized in any jurisdiction that does not give effect to all provisions of these Terms, including, without limitation, this section.

Arbitration

In the event the parties are not able to resolve any dispute between them arising out of or concerning these Terms, 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 Los Angeles County, California. 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, 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 or any disputes arising as a result of these Terms, whether directly or indirectly, including tort claims that are a result of these Terms. 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.

Notwithstanding the foregoing, if you have violated or threatened to violate our intellectual property rights, we may seek injunctive or other appropriate relief in any state or federal court in Los Angeles County, California.  You hereby consent to, and waive all defenses of lack of personal jurisdiction and forum non-conveniens with respect to, venue and jurisdiction in the state and federal courts of Los Angeles County, California. 

YOU AGREE THAT REGARDLESS OF ANY STATUTE OR LAW TO THE CONTRARY, ANY CLAIM OR CAUSE OF ACTION ARISING OUT OF OR RELATED TO THE PLATFORM, ANY SERVICE PROVIDED BY THE PLATFORM, OR THESE TERMS MUST BE FILED WITHIN ONE (1) YEAR AFTER SUCH CLAIM OR CAUSE OF ACTION AROSE OR BE FOREVER BARRED. 

Class Action Waiver

Any arbitration under these Terms 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 Dr. Matt Polacheck Therapeutic Services, 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.

Remedies

You acknowledge and agree that damages for any actual or threatened breach of these Terms would be inadequate, and that we are therefore entitled to seek specific performance, injunctive relief, or both, in addition to any other damages we may legally be entitled to recover.  We may also recover reasonable expenses of any dispute resolution or legal proceeding, including reasonable attorney’s fees and legal costs.  None of our rights or remedies shall be exclusive of any other, whether at law or in equity.

Liability Disclaimer

ANY INFORMATION PROVIDED ON THE PLATFORM IS GENERAL INFORMATION AND IS PROVIDED “AS IS” WITHOUT ANY WARRANTY OF ANY KIND, EITHER EXPRESS OR IMPLIED. TO THE FULLEST EXTENT PERMITTED BY LAW, WE DISCLAIM ALL WARRANTIES, EXPRESS OR IMPLIED, INCLUDING WITHOUT LIMITATION, WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE AND NON-INFRINGEMENT.  WE PERIODICALLY ADD CHANGES TO OR UPDATE THE INFORMATION AND MATERIALS AVAILABLE ON THE PLATFORM WITHOUT NOTICE.  YOUR USE OF THE PLATFORM IS AT YOUR OWN RISK AND WE ASSUME NO LIABILITY OR RESPONSIBILITY WHATSOEVER FOR (1) ANY ERRORS, OMISSIONS, INTERRUPTIONS, DELAYS, DEFECTS, TECHNICAL INACCURACIES, OR TYPOGRAPHICAL ERRORS IN THE CONTENT ON THE PLATFORM, (2) AVAILABILITY OF THE PLATFORM AT ANY PARTICULAR TIME OR IN ANY PARTICULAR LOCATION, (3) ANY VIRUSES OR OTHER HARMFUL COMPONENTS PRESENT ON THE PLATFORM, (4) PERSONAL INJURY OR PROPERTY DAMAGE, OF ANY NATURE WHATSOEVER, RESULTING FROM YOUR ACCESS TO OR USE OF THE PLATFORM, OR (5) USER MATERIALS OR THE DEFAMATORY, OFFENSIVE OR ILLEGAL CONDUCT OF ANY THIRD PARTY.  YOU (AND NOT LEASHSPACE) ASSUME THE ENTIRE COST OF ALL SERVICING, REPAIR, OR CORRECTION THAT MAY BE NECESSARY FOR YOUR COMPUTER EQUIPMENT OR MOBILE DEVICE AND SOFTWARE AS A RESULT OF ANY VIRUSES, ERRORS OR ANY OTHER PROBLEMS WHATSOEVER YOU MAY HAVE AS A RESULT OF USING THE PLATFORM. ANY TESTIMONIAL OR ENDORSEMENT DOES NOT CONSTITUTE A GUARANTEE, WARRANTY, OR PREDICTION REGARDING THE USE OF OUR SERVICES OR PRODUCTS.  SOME JURISDICTIONS MAY NOT ALLOW LIMITATIONS ON WARRANTIES, SO THE ABOVE EXCLUSIONS SHALL ONLY APPLY TO THE EXTENT PERMISSIBLE UNDER APPLICABLE LAW.   

UNDER NO CIRCUMSTANCES SHALL WE BE LIABLE TO YOU OR ANY OTHER PERSON OR ENTITY FOR ANY DAMAGES OF ANY AMOUNT OR CHARACTER (INCLUDING, WITHOUT LIMITATION, ANY GENERAL, INDIRECT, SPECIAL, INCIDENTAL, CONSEQUENTIAL OR PUNITIVE DAMAGES) ARISING OUT OF, RELATED TO, OR IN CONNECTION WITH (1) YOUR ACCESS TO, OR USE OF,  MISUSE OF, OR INABILITY TO USE THE PLATFORM OR ANY LINKED WEBSITES, OR (2) ANY FAILURE OF PERFORMANCE, ERROR, TRANSMISSION, VIRUS OR LINE OR SYSTEM FAILURE OF THE PLATFORM.  IN NO EVENT SHALL WE, OUR AFFILIATES OR OUR LICENSORS, TOGETHER WITH OUR AND THEIR RESPECTIVE PARTNERS, EMPLOYEES, CONTRACTORS, AGENTS, DIRECTORS, OFFICERS, MEMBERS, MANAGERS, AND SHAREHOLDERS, BE LIABLE WITH RESPECT TO THESE TERMS (HOWEVER ARISING, INCLUDING, BUT NOT LIMITED TO, NEGLIGENCE) OR YOUR USE OF THE PLATFORM FOR ANY LOST OR CORRUPTED DATA, LOST PROFITS, LOSS OF USE, LOSS OF DATA, LOSS OF OTHER INTANGIBLES OR ANY SPECIAL, INCIDENTAL, INDIRECT, PUNITIVE OR CONSEQUENTIAL DAMAGES, EVEN IF WE HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.  SOME JURISDICTIONS MAY NOT ALLOW THE EXCLUSION OR LIMITATION OF INCIDENTAL OR CONSEQUENTIAL DAMAGES, SO THE ABOVE EXCLUSIONS SHALL ONLY APPLY TO THE EXTENT PERMISSIBLE UNDER APPLICABLE LAW.

YOUR SOLE AND EXCLUSIVE REMEDY RELATING TO YOUR USE OF THE PLATFORM SHALL BE TO DISCONTINUE USING THE PLATFORM.

Compliance with Laws

You agree to comply with all applicable laws and regulations with respect to your use of the Platform.  You also agree that information provided by you is truthful, complete and accurate to the best of your knowledge.  You agree to abide by all Federal, State and local laws and regulations.  If you are outside the United States you must comply with all applicable laws and regulations with respect to your online conduct, as well as the export of data to or from the United States or to or from your country or residence.

Copyright Violations

We respect the intellectual property rights of others, and we expect our users to do the same. If you believe your work has been copied in a way that constitutes copyright infringement, or your intellectual property rights have otherwise been violated, please provide a notice containing all of the following information to our Designated Copyright Agent:

• A description of the copyrighted work you claim has been infringed;

• The material you claim is infringing and the URL of the link shown on the Platform or the exact location where such material may be found;

• Your company affiliation (if applicable), mailing address, telephone number and email address;

• The following statement: “I hereby state that I have a good faith belief that the disputed use of the copyrighted material is not authorized by the copyright owner, its agent or the law (e.g. as a fair use). I hereby state that the information in this notice is accurate and, under penalty of perjury, I am the owner, or authorized to act on behalf of the owner, of the copyright or of an exclusive right under the copyright that is allegedly infringed.”; and

• An electronic or physical signature of the person authorized to act on behalf of the owner of the copyright or other intellectual property interest and such person’s full legal name.

Our Designated Copyright Agent for notice of claims of copyright infringement on the Platform can be reached as follows:

Attn: Dr. Matt Polacheck

By Mail: 1143 Sierra Alta Way

By Phone: 562-225-4093

By E-mail: Drmptherapy@gmail.com

Miscellaneous Provisions

These Terms and the Other Terms and Policies constitute the entire agreement between you and us with respect to your access to and use of the Platform and supersede all prior and contemporaneous agreements between you and us, if any, regarding your access to and use of the Platform.  If any of the provisions of these Terms or the Other Terms and Policies are found by a court of competent jurisdiction to be void, invalid or unenforceable, then that provision will be construed in a manner consistent with applicable laws to reflect, as nearly as possible, the original intentions of the parties, and the remaining provisions shall remain in full force and effect.  Our failure to exercise or enforce any right or provision of these Terms or any of the Other Terms and Policies shall not constitute a waiver of such right or provision.  

Nothing contained in these Terms or the Other Terms and Policies or your use of the Platform shall be construed to constitute either party as a partner, joint venture, employee or agent of the other party, nor shall either party hold itself out as such.  Neither party has any right or authority to incur, assume or create, in writing or otherwise, any warranty, liability or other obligation of any kind, express or implied, in the name of or on behalf of the other party, it being intended by both parties that each shall remain independent contractors responsible for its own actions.

We reserve the right at any time and from time to time to modify or discontinue, temporarily or permanently, the Platform or any goods or services provided therein with or without notice.  You agree that we will not be liable to you or any third party for any modification, suspension or discontinuance of the Platform or any goods or services.

Our performance pursuant to these Terms is subject to existing laws and legal process, and nothing contained in these Terms is in derogation of our right to comply with governmental, court and law enforcement requests or requirements relating to your use of the Platform or information provided to or gathered by us with respect to such use. 

A printed version of these Terms and of any notice given hereunder in electronic form shall be admissible in judicial or administrative proceedings based upon or relating to these Terms to the same extent and subject to the same conditions as other business documents and records originally generated and maintained in printed form. 

Contact Us

We welcome your questions or comments regarding these Terms. Please contact us at Drmptheapy@gmail.com or drpolacheck@aol.com