By accessing or using the Services, Client confirms Client’s agreement to be bound by these Terms. If Client does not agree to these Terms, Client may not access or use the Services. These Terms expressly supersede prior agreements or arrangements with Client. Empa-Tea may immediately terminate these Terms or any Services with respect to Client, or generally cease offering or deny access to the Services or any portion thereof, at any time for any reason.
Description of Empath*ology: Empath*ology is a partnership (defined as an alliance, not a legal business partnership) between the Empathizer and the Client in a feeling-and-needs-based creative process that inspires the client to meet their need for understanding. It is designed to facilitate the satisfaction of fundamental human needs, with a special focus on the need for understanding. Empath*ology should not be confused with professional mental health services, nor should it be considered therapy services of any kind. Empath*ology services are currently available only for those of 18 years and older.
- The Services
The Services mobile applications and related services (each, an “Application”) enable users to arrange and schedule Empath*ology services with Third-Party providers of such services under agreement with Empa-Tea or certain of Empa-Tea’s affiliates (“Third-Party Providers”). In certain instances the Services may also include an option to receive physical contact, and group Empath*ology for an upfront price, subject to acceptance by the respective Third-Party Providers. Unless otherwise agreed by Empa-Tea in a separate written agreement with Client, the Services are made available solely for it’s personal, noncommercial use. Client ACKNOWLEDGES THAT IT’S ABILITY TO OBTAIN EMPATH*OLOGY SERVICES THROUGH THE USE OF THE SERVICES DOES NOT ESTABLISH EMPA-TEA AS A PROVIDER OF EMPATH*OLOGY SERVICES OR AS AN EMPATHIZER.
2. Third-Party Services and Content.
3. User Requirements and Conduct.
The Service is not available for use by persons under the age of 18. Client may not authorize Third-Parties to use Client’s Account, and client may not allow persons under the age of 18 to receive Empath*ology services or associated Empa-Tea Services from Third-Party Providers. The Client further acknowledges that they will not attempt to use these services as a replacement for mental health services. Client may not assign or otherwise transfer it’s Account to any other person or entity. Client agrees to comply with all applicable laws when accessing or using the Services, and client may only access or use the Services for lawful purposes. Client may not in it’s access or use of the Services cause nuisance, annoyance, inconvenience, or property damage, whether to the Third-Party Provider or any other party. In certain instances client may be asked to provide proof of identity or other method of identity verification to access or use the Services, and client agrees that client may be denied access to or use of the Services if client refuses to provide proof of identity or other method of identity verification.
4. User Provided Content.
Empa-Tea may, in Empa-Tea’s sole discretion, permit Cleint from time to time to submit, upload, publish or otherwise make available to Empa-Tea through the Services textual, audio, and/or visual content and information, including commentary and feedback related to the Services, initiation of support requests, and submission of entries for competitions and promotions (“User Content”). Any User Content provided by Client remains Clients’ property. However, by providing User Content to Empa-Tea, Client grants Empa-Tea a worldwide, perpetual, irrevocable, transferable, royalty-free license, with the right to sublicense, to use, copy, modify, create derivative works of, distribute, publicly display, publicly perform, and otherwise exploit in any manner such User Content in all formats and distribution channels now known or hereafter devised (including in connection with the Services and Empa-Tea’s business and on Third-Party sites and services), without further notice to or consent from Client, and without the requirement of payment to Client or any other person or entity.
Client represents and warrants that: (i) Client either is the sole and exclusive owner of all User Content or Client has all rights, licenses, consents and releases necessary to grant Empa-Tea the license to the User Content as set forth above; and (ii) neither the User Content, nor Clients’ submission, uploading, publishing or otherwise making available of such User Content, nor Empa-Tea’s use of the User Content as permitted herein will infringe, misappropriate or violate a Third-Party’s intellectual property or proprietary rights, or rights of publicity or privacy, or result in the violation of any applicable law or regulation.
Client agrees to not provide User Content that is defamatory, libelous, hateful, violent, obscene, pornographic, unlawful, or otherwise offensive, as determined by Empa-Tea in its sole discretion, whether or not such material may be protected by law. Empa-Tea may, but shall not be obligated to, review, monitor, or remove User Content, at Empa-Tea’s sole discretion and at any time and for any reason, without notice to Client.
Client understands that use of the Services may result in charges to Client for the services Client receives (“Charges”). At this time, Empa-Tea will only receive payment through paypal via www.empa-tea.com as a form of purchase.
In certain cases, with respect to Third-Party Providers, Charges client incurs will be owed directly to Third-Party Providers, and Empa-Tea will collect payment of those charges from Client, on the Third-Party Provider’s behalf as their limited payment collection agent, and payment of the Charges shall be considered the same as payment made directly by the client to the Third-Party Provider. In such cases, client retains the right to request lower Charges from a Third Party Provider for services received by client from such Third-Party Provider at the time client receives such services, and Charges client incurs will be owed to the Third-Party Provider. Empa-Tea will respond accordingly to any request from a Third-Party Provider to modify the Charges for a particular service. This payment structure is intended to fully compensate a Third-Party Provider, if applicable, for the services obtained in connection with clients’ use of the Services. In all other cases, Charges client incurs will be owed and paid directly to Empa-Tea or its affiliates, where Empa-Tea is solely liable for any obligations to Third-Party Providers. In such cases, client retains the right to request lower Charges from Empa-Tea for services received by client from a Third-Party Provider at the time client receives such services, and Empa-Tea will respond accordingly to any request from client to modify the Charges for a particular service. Empa-Tea does not designate any portion of clients’ payment as a tip or gratuity to a Third-Party Provider. Any representation by Empa-Tea (on Empa-Tea website, in the Application, or in Empa-Tea marketing materials) to the effect that tipping is “voluntary,” “not required,” and/or “included” in the payments Client makes for services or goods provided is not intended to suggest that Empa-Tea provides any additional amounts, beyond those described above, to a Third-Party Provider client may use. Client understands and agrees that, while client is free to provide additional payment as a gratuity to any Third-Party Provider who provides client with services obtained through the Service, client is under no obligation to do so. Gratuities are voluntary.
6) Empathizer-Client Relationship
- A. Empathizer agrees to maintain the standards of behavior established by Empath*ology (www.empathyology.comor www.empatheology.com – they both lead to the same place). It is recommended that Client reviews Empath*ology philosophy to learn how Empath*ology practice facilitates Effective Venting.
- Client is solely responsible for creating and implementing his/her own physical, mental and emotional well-being, decisions, choices, actions and results arising out of the empathizing relationship. As such, Client agrees that the Empathizer is not and will not be held liable or responsible for any actions or inaction, or for any direct or indirect result of any services provided by the Empathizer for which there is not incontrovertible evidence. Client understands empathizing is not therapy or counseling and that Empath*ology services are not a substitute for therapy or counseling. By obtaining Empathy*ology services, the client acknowledges they are not currently seeking treatment or have previously been diagnosed with suicidal or homicidal tendencies. Further, client understands that Empathy*ology and associated services do not claim to prevent, cure, or treat any mental disorder or medical disease.
- Client further acknowledges that he/she may terminate or discontinue the empathizing relationship at any time. Client also acknowledges that the Empathizer can terminate or discontinue services at any time and a refund may or may not be given, depending on the particular circumstances.
- Client acknowledges that empathizing is a comprehensive process that may involve different areas of his or her life, including work, finances, health, relationships, education and recreation. Client agrees that deciding how to handle these issues, incorporate Empathy*ology principles into those areas, and implement choices is exclusively the Client’s responsibility. Client acknowledge that in every action he/she take, there is a choice. While Empa-Tea may provide a stimulus for Clients’ actions, it is Clients’ responsibility to decide as to whether he/she would like to act on these impulses or not.
- Client acknowledges that empathizing does not involve the diagnosis or treatment of mental disorders as defined by the American Psychiatric Association and that empathizing is not to be used as a substitute for counseling, psychotherapy, psychoanalysis, mental health care, substance abuse treatment, or other professional advice by legal, medical or other qualified professionals and that it is the Client’s exclusive responsibility to seek such independent professional guidance as it meets their needs.
- The Client understands that empathy is not scientifically proven to prevent thoughts of suicide or homicide. The Client further acknowledges that they will not attempt to use these services if they deem themselves to be suicidal or homicidal. If the client discusses a plan to harm himself or herself, or admits to harming children or the elderly, Empathizer’s may be mandated to report this information to the appropriate authorities as outlined by Georgia Law.
- The client acknowledges that Empathizer’s are to keep notes of suicidal or homicidal ideations and will report the outcome of their actions to a supervisor. See attached Policy on Suicidal and Homicidal Ideation”
7) Schedule and Fees
This empathizing agreement is valid as of the receipt of purchase or signature of this contract or both the receipt of purchase and signature of this agreement.
Empathizer’s will meet with clients in public places of the client and Empathizer’s choosing. We meet in places that meet both the client and the Emapthizer’s needs.
In general, Empathizers do not keep notes of their sessions. We are here to empathize with Client and provide a service that as of yet, does not exist. If Client admits to suicidal ideations, homicidal ideations, or abuse of a child or elderly individual, we will take note of this and file these with Empa-Tea and appropriate agencies for permanent records. We do not provide services for suicidal or homicidal populations. In the event that someone brings up the intention to hurt themselves or others, we will act within the parameters of Georgia law, for the protection of those the may be hurt by future actions.
10) Cancellation Policy
There will be no refunds of purchase within 24 hours of the scheduled Emath*ology Session. While plans change, our Empathizers have dedicated time to Client whether Client shows up or not. As a way to respect the time of each and every person, Client must cancel his/her session within 24 hours in order to receive a refund. The client must agree to the waiver of liability and agree that they do not have suicidal or homicidal ideations prior to the start of an Empa-Tea session. In the event that the client has not provided accurate information, the Empathizer will make a report about this behavior, terminate the session, and will not refund the fee for the session.
11) Dispute Resolution
If a dispute arises out of this Agreement that cannot be resolved by mutual consent, the Client and Empathizer agree to attempt to mediate in good faith for up to 30 days after notice given. If the dispute is not so resolved, and in the event of legal action, the prevailing party shall be entitled to recover attorney’s fees and court costs from the other party.
12) Disclaimers; Limitation of Liability; Indemnity.
THE SERVICES ARE PROVIDED “AS IS” AND “AS AVAILABLE.” EMPA-TEA DISCLAIMS ALL REPRESENTATIONS AND WARRANTIES, EXPRESS, IMPLIED, OR STATUTORY, NOT EXPRESSLY SET OUT IN THESE TERMS, INCLUDING THE IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE AND NON-INFRINGEMENT. IN ADDITION, EMPA-TEA MAKES NO REPRESENTATION, WARRANTY, OR GUARANTEE REGARDING THE RELIABILITY, TIMELINESS, QUALITY, SUITABILITY, OR AVAILABILITY OF THE SERVICES OR ANY SERVICES REQUESTED THROUGH THE USE OF THE SERVICES, OR THAT THE SERVICES WILL BE UNINTERRUPTED OR ERROR-FREE. EMPA-TEA DOES NOT GUARANTEE THE QUALITY, SUITABILITY, SAFETY OR ABILITY OF THIRD-PARTY PROVIDERS. CLIENT AGREE STHAT THE ENTIRE RISK ARISING OUT OF HIS/HER USE OF THE SERVICES, AND ANY SERVICE REQUESTED IN CONNECTION THEREWITH, REMAINS SOLELY WITH CLIENT, TO THE MAXIMUM EXTENT PERMITTED UNDER APPLICABLE LAW.
LIMITATION OF LIABILITY.
EMPA-TEA SHALL NOT BE LIABLE FOR INDIRECT, INCIDENTAL, SPECIAL, EXEMPLARY, PUNITIVE, OR CONSEQUENTIAL DAMAGES, INCLUDING LOST PROFITS, LOST DATA, PERSONAL INJURY, OR PROPERTY DAMAGE RELATED TO, IN CONNECTION WITH, OR OTHERWISE RESULTING FROM ANY USE OF THE SERVICES, REGARDLESS OF THE NEGLIGENCE (EITHER ACTIVE, AFFIRMATIVE, SOLE, OR CONCURRENT) OF EMPA-TEA, EVEN IF EMPA-TEA HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.
EMPA-TEA SHALL NOT BE LIABLE FOR ANY DAMAGES, LIABILITY OR LOSSES ARISING OUT OF: (i) CLIENTS USE OF OR RELIANCE ON THE SERVICES OR CLIENTS’ INABILITY TO ACCESS OR USE THE SERVICES; OR (ii) ANY TRANSACTION OR RELATIONSHIP BETWEEN CLIENT AND ANY THIRD-PARTY PROVIDER, EVEN IF EMPA-TEA HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. EMPA-TEA SHALL NOT BE LIABLE FOR DELAY OR FAILURE IN PERFORMANCE RESULTING FROM CAUSES BEYOND EMPA-TEA ‘S REASONABLE CONTROL. CLIENT ACKNOWLEDGES THAT THIRD-PARTY PROVIDERS PROVIDING TRANSPORTATION SERVICES REQUESTED THROUGH SOME REQUEST PRODUCTS MAY OFFER EMPATH*OLOGY SERVICES AND MAY NOT BE PROFESSIONALLY LICENSED OR PERMITTED.
THE SERVICES MAY BE USED BY CLIENT TO REQUEST AND SCHEDULE EMPATH*OLOGY SERVICES WITH THIRD-PARTY PROVIDERS, BUT CLIENT AGREES THAT EMPA-TEA HAS NO RESPONSIBILITY OR LIABILITY TO CLIENT RELATED TO ANY EMPATH*OLOGY SERVICES PROVIDED TO CLIENT BY THIRD-PARTY PROVIDERS OTHER THAN AS EXPRESSLY SET FORTH IN THESE TERMS.
THE LIMITATIONS AND DISCLAIMER IN THIS SECTION DO NOT PURPORT TO LIMIT LIABILITY OR ALTER CLIENTS’ RIGHTS AS A CONSUMER THAT CANNOT BE EXCLUDED UNDER APPLICABLE LAW. BECAUSE SOME STATES OR JURISDICTIONS DO NOT ALLOW THE EXCLUSION OF OR THE LIMITATION OF LIABILITY FOR CONSEQUENTIAL OR INCIDENTAL DAMAGES, IN SUCH STATES OR JURISDICTIONS, EMPA-TEA’S LIABILITY SHALL BE LIMITED TO THE EXTENT PERMITTED BY LAW. THIS PROVISION SHALL HAVE NO EFFECT ON EMPA-TEA’S CHOICE OF LAW PROVISION SET FORTH BELOW.
Client agrees to indemnify and hold Empa-Tea and its affiliates and their officers, directors, employees, and agents harmless from any and all claims, demands, losses, liabilities, and expenses (including attorneys’ fees), arising out of or in connection with: (i) Clients’ use of the Services; (ii) Clients’ breach or violation of any of these Terms; (iii) Empa-Tea’s use of Clients’ User Content; or (iv) Clients’ violation of the rights of any Third-Party, including Third-Party Providers.
Client may not assign these Terms without Empa-Tea’s prior written approval. Empa-Tea may assign these Terms without Clients’ consent to: (i) a subsidiary or affiliate; (ii) an acquirer of Empa-Tea’s equity, business or assets; or (iii) a successor by merger. Any purported assignment in violation of this section shall be void. No joint venture, partnership, employment, or agency relationship exists between Client, Empa-Tea or any Third-Party Provider as a result of this Agreement or use of the Services. If any provision of these Terms is held to be invalid or unenforceable, such provision shall be struck and the remaining provisions shall be enforced to the fullest extent under law. Empa-Tea’s failure to enforce any right or provision in these Terms shall not constitute a waiver of such right or provision unless acknowledged and agreed to by Empa-Tea in writing. This provision shall not affect the Severability and Survivability section of the Arbitration Agreement of these Terms.
13) Applicable Law
This Agreement shall be governed and construed in accordance with the laws of the State of Georgia, without giving effect to any conflicts of laws provisions.
14) Binding Effect
This Agreement shall be binding upon the parties hereto and their respective successors and permissible assigns.
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