Terms of Service
Effective Date: January 1, 2024
The terms “we”, “us”, and “our” refer to Nadyne Busichio ConsultingaLimited Liability Corporation DBA Turning Point Couples and Individual Counseling (“Company”).
The terms “Site(s)” refers to www.turningpointcouplescounseling.com (“Site(s)”).
On the Site, we provide: psychoeducational and general educational programming and materials. (“Service(s)”).
The term “user,” “customer,” “you,” and “your” refers to visitors, users and customers of the Site and/or Service.
By using our Site and/or Service, whether made available for purchase or not, you are agreeing to the following Terms of Service, our Privacy Policy (located here https://www.turningpointcouplescounseling.com/privacy-policy/) or any other agreement that governs your use of our Site or Service (collectively, “Agreements”). You should not use our Site or Service if you do not agree with the terms and conditions contained in these Agreements.
USE OF THE SITE AND SERVICE
To access or use the Site and/or Service, you must be 18 years or older and have the requisite power and authority to enter into these Terms of Service. Minors are prohibited from using the Site and/or Service.
FOR EDUCATIONAL AND INFORMATIONAL PURPOSES ONLY
All of the information provided throughout the Platforms and Products (including the digital content delivered via email, blog, podcasts, live and prerecorded events, on social media, through webinars and other content, whether available for purchase or not) are resources for educational and informational purposes only. They do not constitute medical advice and are not guaranteed to be accurate, complete, reliable, current or error-free. The information contained on the Platforms and Products are not a substitute for personalized advice from a knowledgeable health care professional. If you have specific questions, you should seek the advice of an attorney authorized to practice law in your jurisdiction. Please read our Medical Disclaimer for more information.
ACCESSING THE PLATFORMS AND PRODUCTS
In order to access the Platforms and/or online Products, you must obtain access to the World Wide Web through devices that access web-based content and pay any service fees associated with such access.
We reserve the right to modify, suspend or discontinue, whether temporarily or permanently, the Platforms (or any part thereof) or Products, for any reason and without notice. You agree that Company shall not be liable to you or to any third party for any modification, interruption, suspension or discontinuance of the Platforms and/or Products. We are not responsible for delay or failure of our performance of any of the features of the Platforms and Products caused by events beyond our reasonable control, like an act of war, hostility, or sabotage; natural disaster; electrical, internet, or telecommunication outage; or government restrictions.
LAWFUL PURPOSES
You may use the Site and/or Service for lawful purposes only. You agree to be financially responsible for all purchases made by you. You agree to use the Site and/or Service and to purchase services or products for legitimate purposes only. You shall not post or transmit through the Site and/or Service any material which violates or infringes the rights of others, or which is threatening, abusive, defamatory, libelous, invasive of privacy or publicity rights, vulgar, obscene, profane or otherwise objectionable, contains injurious formulas, recipes, or instructions, which encourages conduct that would constitute a criminal offense, give rise to civil liability or otherwise violate any law.
REFUSAL OF SERVICE
We reserve the right to refuse access to the Site and/or Service to any person or entity, without the obligation to assign a reason for doing so. We reserve the right to immediately remove you from the Site and/or Service, without refund, if you violate these Terms of Service or other Agreements governing your use of the Site and/or Service.
SHIPPING POLICIES
Our products are delivered to you online in a digital format (i.e., no physical products are shipped to you).
REFUND POLICY
Refunds for your purchase are not available. You agree to make timely and full payments to the Company for your purchase.
DISCLAIMER
The Company may share the successful results of its users or customers on the Site and/or Service. Such examples are not to be interpreted as a promise or guarantee, verbally or in writing, regarding your results, future earnings, business profit, marketing performance, audience growth, or results of any kind. By accessing the Site and/or Service, you accept, agree and understand that you are fully responsible for your progress and results from your participation. We do not guarantee that you will get any results using any of our ideas, tools, strategies or recommendations, and nothing in our Site and/or Service is a promise, warranty or guarantee to you of such results.
ERRORS, INACCURACIES, AND OMISSIONS
Information provided on the Site and/or Service is subject to change. Company makes no representation or warranty that the information provided, regardless of its source, is accurate, complete, reliable, current or error-free. Company disclaims all liability for any inaccuracy, error or incompleteness in the provided information.
OUR INTELLECTUAL PROPERTY
The Site and/or Service contain intellectual property owned by the Company (“Company’s Intellectual Property”) and by third-parties that licensed the content to us (“Third-Party Licensed Intellectual Property”), including, without limitation, trademarks, copyrights, proprietary information and other intellectual property as well as the business name, logo, all designs, text, videos, audio files, graphics, other files, and the selection and arrangement thereof, also termed the “look and feel.” You may not modify, publish, transmit, participate in the transfer or sale of, create derivative works from, distribute, display, reproduce or perform, or in any way exploit in any format whatsoever any of the Site and/or Service, Company’s Intellectual Property and Third-Party Licensed Intellectual Property in whole or in part without our prior written consent. We reserve the right to immediately remove you from the Site and/or Service, without refund, if you are caught violating this intellectual property policy.
LIMITATION OF LIABILITY
TO THE EXTENT PERMITTED BY LAW, WE WILL NOT BE LIABLE FOR ANY INDIRECT, INCIDENTAL, PUNITIVE, OR CONSEQUENTIAL DAMAGES (INCLUDING LOSS OF DATA, REVENUE, PROFITS, OR BUSINESS OPPORTUNITIES, OR PERSONAL INJURY OR DEATH), WHETHER ARISING IN CONTRACT, WARRANTY, TORT, PRODUCT LIABILITY, OR OTHERWISE, AND EVEN IF WE’VE BEEN ADVISED OF THE POSSIBILITY OF DAMAGES IN ADVANCE. OUR LIABILITY TO YOU OR ANY THIRD PARTIES UNDER ANY CIRCUMSTANCE IS LIMITED TO THE GREATER OF ONE HUNDRED DOLLARS ($100) OR THE AMOUNT YOU HAVE PAID US IN THE TWELVE (12) MONTHS BEFORE THE EVENT GIVING RISE TO YOUR CLAIMS.
THIRD PARTY WEBSITE AND 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 the Site and/or Service. You acknowledge sole responsibility for and assume all risk arising from your use of any such websites or resources.
AFFILIATE LINKS
Some of the sections of this site will allow you to purchase different products and services online provided by other merchants, and not us. Some of the links that we post on our site are “affiliate links.” This means if you click on the link and purchase the item, we will receive an affiliate commission.*
We are not responsible for the quality, accuracy, timeliness, reliability or any other aspect of these products and services. In addition, a merchant will likely have privacy and data collection practices that are different from ours. If you make a purchase from a merchant on their site or on a site that we have posted a link to, the information obtained during your visit to that merchant’s online store or site, and the information that you give as part of the transaction, such as your name, e-mail address, street address, telephone number, and credit card number, may be collected the merchant and us. For more information regarding a merchant, its online store, its privacy policies, and/or any additional terms and conditions that may apply, visit that merchant’s website and click on its information links or contact the merchant directly.
We are a participant in the Amazon Services LLC Associates Program, an affiliate advertising program designed to provide a means for us to earn fees by linking to Amazon.com and affiliated sites.
*Disclosed in accordance with the Federal Trade Commission’s 16 CFR, Part 255: “Guides Concerning the Use of Endorsements and Testimonials in Advertising.”
INDEMNIFICATION
You shall indemnify and hold us harmless from and against any and all losses, damages, settlements, liabilities, costs, charges, assessments and expenses, as well as third party claims and causes of action, including, without limitation, attorneys’ fees, arising out of any breach by you of any of these Terms of Service, or any use by you of the Site and/or Service. You shall provide us with such assistance, without charge, as we may request in connection with any such defense, including, without limitation, providing us with such information, documents, records and reasonable access to you, as we deem necessary. You shall not settle any third-party claim or waive any defense without our prior written consent.
GOVERNING LAW
The Terms of Service shall be governed by the laws of the State of New Jersey.
DISPUTE RESOLUTION
We agree to attempt to resolve any dispute, claim or controversy arising out of or relating to the Terms of Service, by agreeing to first try to resolve the dispute with the help of a mutually agreed-upon mediator in Hunterdon County, New Jersey. Any costs and fees other than attorney fees associated with the mediation will be shared equally by the parties. If the dispute is not resolved within 30 days after it is referred to the mediator, any party may take the matter to court.
If any court action is necessary to enforce this Terms of Service, the prevailing party will be entitled to reasonable attorney fees, costs, and expenses in addition to any other relief to which the party may be entitled.
RECOVERY OF LITIGATION EXPENSES
If any legal action or any arbitration or other proceeding is brought for the enforcement of the Terms of Service, or because of an alleged dispute, breach, default, or misrepresentation in connection with any of the provisions of the Terms of Service, the successful or prevailing party or parties shall be entitled to recover reasonable attorneys’ fees and other costs incurred in that action or proceeding, in addition to any other relief to which it or they may be entitled.
EFFECT OF HEADINGS
The subject headings of the paragraphs of the Terms of Service are included for convenience only and shall not affect the construction or interpretation of any of its provisions.
ENTIRE AGREEMENT
These Agreements (i.e., this Terms of Service, along with the referenced Privacy Policy, and any other written agreement that governs your use of our Site and/or Service) constitute the entire agreement between you and the Company with respect to the Site and/or Service and it supersedes all prior or contemporaneous communications and proposals, whether electronic, oral or written, between you and the Company with respect to the Site and/or Service.
WAIVER
Company’s waiver of any of the provisions of these Terms of Service shall not be deemed, nor shall constitute, a waiver of any other provision, whether or not similar, nor shall any waiver constitute a continuing waiver. No waiver shall be binding unless executed in writing by an authorized representative of the Company.
SEVERABILITY
If any term, provision, covenant, or condition of the Terms of Service is held by an arbitrator or court of competent jurisdiction to be invalid, void, or unenforceable, the rest of the Terms of Service shall remain in full force and effect and shall in no way be affected, impaired, or invalidated.
ASSIGNMENT
These Terms of Service bind and insure to the benefit of the parties’ successors and assigns. These Terms of Service are not assignable, delegable, sub-licensable or otherwise transferable by you. Any transfer, assignment, delegation or sublicense by you is invalid.
OUR PRIVACY POLICY
Please review our Privacy Policy located at https://www.turningpointcouplescounseling.com/privacy-policy/.
CHANGED TERMS
We reserve the right to update any portion of our Site and/or Service, including these Terms of Service at any time. Such amendments are effective immediately upon notice to you by us posting the new Terms of Service on this Site. If you have provided us your email address, we will also email you to let you know of material amendments to our Terms of Service. Any use of the Site and/or Service by you after an amendment is made means you accept these amendments. We will post the most recent versions to the Site and list the effective dates on the pages of our Terms of Service.
HOW TO CONTACT US
If you have any questions about this Terms of Service, please contact us at:
Turning Point Couples and Individual Counselinga Limited Liability Corporation
admin@theturningpoint.com
39 NJ-12 #205
Flemington, NJ08822
