Last Updated: April 2023
DISCLAIMER: THIS WEBSITE DOES NOT PROVIDE MEDICAL ADVICE
The information, including but not limited to, text, graphics, images, and other material contained on the Site (as defined below) are for informational purposes only. No material on the Site is intended to be a substitute for professional medical advice, diagnosis, or treatment. Always seek the advice of your physician or other qualified health care provider with any questions you may have regarding a medical condition or treatment and before undertaking a new health care regimen, and never disregard professional medical advice or delay in seeking it because of something you have read on the Site. Nothing on the Site is intended as a recommendation or endorsement of any specific test, product, procedure, opinion, or other information that may be mentioned on the Site. Reliance on any information appearing on the Site is solely at your own risk.
These Terms apply with respect to your access and/or use of the https://www.risinglotuscounseling.org website (the “Site”), as well as any digitally delivered services of Rising Lotus Counseling (“RLC,” “we,” “us,” or “our”).
These Terms govern your use of the Site. Please read them carefully. Although they are long, we ask all of our visitors to read them in their entirety as they contain important information regarding your use of the Site and our copyright and other intellectual property rights.
We reserve the right (but not the obligation) to deny access to the Site or any features of the Site to anyone who violates these Terms or who, in our sole judgment, interferes with the ability of others to enjoy our Site or infringes the rights of others.
YOUR LIMITED RIGHT TO USE MATERIALS
The Site and all the materials available on the Site, including entire contents, features, and functionality (including, without limitation, all information, software, text, displays, images, video, and audio, and the design, selection, and arrangement thereof) are our property and/or the property of our licensors, and are protected by copyright, trademark, and other intellectual property laws. The Site is provided solely for your personal, noncommercial use. You may not use the Site or the materials available on the Site in a manner that constitutes an infringement of our rights or those of our licensors or that has not been authorized by us.
More specifically, unless explicitly authorized in these Terms or by the owner of the materials, you may not modify, copy, reproduce, republish, upload, post, transmit, translate, sell, create derivative works, exploit, or distribute in any manner or medium (including by email or other electronic means) any material from the Site, except as follows:
Your computer or device may temporarily store copies of such materials in RAM incidental to your accessing and viewing those materials;
You may store files that are automatically cached by your web browser for display enhancement purposes; and
You may print one copy of a reasonable number of pages of the Site for your own personal, non-commercial use and not for further reproduction, publication, or distribution.
You must not:
Modify copies of any materials from the Site;
Use any illustrations, photographs, video or audio sequences, or any graphics separately from the accompanying text; or
Delete or alter any copyright, trademark, or other proprietary rights notices from copies of materials from the Site.
If you print, copy, modify, download, or otherwise use or provide any other person with access to any part of the Site in breach of the Terms, your right to use the Site will stop immediately and you must, at our option, return or destroy any copies of the materials you have made. No right, title, or interest in or to the Site or any content on the Site is transferred to you, and all rights not expressly granted are reserved by us. Any use of the Site not expressly permitted by these Terms is a breach of these Terms and may violate copyright, trademark, and other laws.
PRODUCTS OR SERVICES ON THE SITE
You agree that when you place an order on the Site, your order is an offer to buy, under these Terms, all products and services listed in your order. All orders must be accepted by us or we will not be obligated to sell the products or services to you. We may choose to refuse, limit, or cancel any orders placed on the Site at our sole discretion, even after we send you a confirmation email with your order number and details of the items you have ordered.
Errors in pricing or description are subject to correction and may be adjusted by us. Errors in order processing are also subject to correction.
We do not warrant that any information, including product descriptions, promotions, and product availability, are correct, complete, current, or free from typographical errors. All of the foregoing are subject to correction.
LINKS TO AND FROM OTHER WEBSITES
All copyright rights to the Site, including rights to the work and designs provided by the RLC are owned by Rising Lotus Counseling, © 2022. All rights reserved. You cannot re-transmit, print or photocopy the materials on the Site for re-distribution in any medium without the prior written permission of the RLC (which may be withheld by RLC in its sole discretion).
You are fully responsible for your activities while using the Site, including any content, information or other materials you post or upload to the Site, and you bear all risks associated with use of the Site. By agreeing to these Terms, you agree to comply with all applicable federal, state, and local laws and regulations in connection with your use of the Site. You also agree not to use the Site to engage in any prohibited conduct, or to assist any other person or entity in engaging in any prohibited conduct.
You are prohibited from using the Site for the commission of harmful or illegal activities, including, but not limited to, the following:
Hacking into, or attempting to penetrate the security measures of, any system, network, website, software, account, computer, device, or communications equipment;
Attempting to collect or maintain any information about other users of the Site or other third parties for unauthorized purposes, including by accessing illegally or without authorization, any system, network, website, software, account, computer, device, or communications equipment belonging to another party;
Introducing any virus, worm, spyware, Trojan horse or other program or code into any system, network, website, software, account, computer, device, or communications equipment or launching a denial of service attack, or in any other way attempting to interfere with the functioning of any system, network, website, software, account, computer, device, or communications equipment;
Any activities intended to participate in, commit, aid or assist any crime and including the exploitation of minors, or child pornography;
Engaging in any activity that is defamatory, objectionable, unlawful or promotes or encourages illegal activity, including, but not limited to, uploading or causing the Site to display pornographic material (i.e., text, pictures, films, or video clips of a sexually explicit nature) or offensive or derogatory images regarding sex, race, religion, national origin, physical or mental disability, medical condition, or sexual orientation;
Violating any applicable laws including, but not limited to federal copyright laws by making unauthorized copies of copyrighted or licensed software, data, entertainment files, text or publications; or
Any activities that will damage, disable, vandalize or otherwise harm the Site.
Your participation in any of the above prohibited activities will automatically terminate your authorization to use the Site and you must immediately cease your use of the Site.
THE INFORMATION, PRODUCTS, AND SERVICES OFFERED ON OR THROUGH THE SITE ARE PROVIDED “AS IS” AND WITHOUT WARRANTIES OF ANY KIND EITHER EXPRESS OR IMPLIED. TO THE FULLEST EXTENT PERMISSIBLE PURSUANT TO APPLICABLE LAW, RLC DISCLAIMS ALL WARRANTIES, EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, AND AGAINST INFRINGEMENT OF INTELLECTUAL PROPERTY RIGHTS OF A THIRD PARTY. RLC DOES NOT WARRANT THAT THE SITE OR ANY OF THE SITE’S FUNCTIONS WILL BE UNINTERRUPTED OR ERROR-FREE, THAT DEFECTS WILL BE CORRECTED, OR THAT ANY PART OF THE SITE ARE FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS. RLC DOES NOT WARRANT OR MAKE ANY REPRESENTATIONS REGARDING THE USE OR THE RESULTS OF THE USE OF THE SITE OR MATERIALS ON THE SITE IN TERMS OF THEIR CORRECTNESS, ACCURACY, TIMELINESS, RELIABILITY OR OTHERWISE.
You must provide and are solely responsible for all hardware and/or software and internet connections necessary to access the Site. You assume the entire cost of and responsibility for any damage to, and all necessary maintenance, repair or correction of, that hardware and/or software and internet connection.
The information presented on or through the Site is made available solely for general information purposes. We do not warrant the accuracy, completeness, or usefulness of this information. Any reliance you place on such information is strictly at your own risk. We disclaim all liability and responsibility arising from any reliance placed on such materials by you or any other visitor to the Site, or by anyone who may be informed of any of their contents.
The Site may include content provided by third parties, including materials provided by other users, bloggers, and third-party licensors. All statements and/or opinions expressed in these materials, and all articles and responses to questions and other content, other than the content provided by RLC, are solely the opinions and the responsibility of the person or entity providing those materials. These materials do not necessarily reflect the opinion of the RLC. We are not responsible, or liable to you or any third party, for the content or accuracy of any materials provided by any third parties.
Your interactions with companies, organizations, and/or individuals found on or through our Site are solely between you and such companies, organizations, and/or individuals. You agree that we will not be responsible or liable for any loss or damage of any sort incurred as the result of any such dealings. You also agree that, if there is a dispute between users of the Site, or between a user and any third party, we are under no obligation to become involved, and you agree to release us and not make any claim against RLC from any claims, demands, and damages of every kind or nature, known or unknown, suspected and unsuspected, disclosed and undisclosed, arising out of or in any way related to such dispute and/or our Site.
LIMITATION OF LIABILITY
UNDER NO CIRCUMSTANCES, INCLUDING, BUT NOT LIMITED TO, NEGLIGENCE, WILL RLC BE LIABLE FOR ANY DIRECT, INDIRECT, INCIDENTAL, SPECIAL OR CONSEQUENTIAL DAMAGES THAT RESULT FROM THE USE OF, OR THE INABILITY TO USE, THE SITE, INCLUDING ITS MATERIALS, PRODUCTS, OR SERVICES, OR THIRD-PARTY MATERIALS, PRODUCTS, OR SERVICES MADE AVAILABLE THROUGH THE SITE, EVEN IF RLC IS ADVISED BEFOREHAND OF THE POSSIBILITY OF SUCH DAMAGES. IF YOU ARE DISSATISFIED WITH THE SITE, OR ANY MATERIALS, PRODUCTS, OR SERVICES ON THE SITE, OR WITH ANY OF THE SITE’S TERMS, YOUR SOLE AND EXCLUSIVE REMEDY IS TO DISCONTINUE USING THE SITE.
BECAUSE SOME STATES DO NOT ALLOW THE EXCLUSION OR LIMITATION OF CERTAIN CATEGORIES OF DAMAGES, THE ABOVE LIMITATION MAY NOT APPLY TO YOU. IN SUCH STATES, RLC’S LIABILITY IS LIMITED TO THE FULLEST EXTENT PERMITTED BY SUCH STATE LAW. FOR EXAMPLE, THE FOREGOING PARAGRAPH SHALL NOT APPLY TO RESIDENTS OF NEW JERSEY. WITH RESPECT TO RESIDENTS OF NEW JERSEY, WE AND OUR DIRECTORS, OFFICERS, MANAGERS, EMPLOYEES, CONTRACTORS, AGENTS, AFFILIATES, SUPPLIERS, REPRESENTATIVES, LICENSORS, SERVICE PROVIDERS, AND VENDORS SHALL NOT BE LIABLE FOR ANY LOSSES OR DAMAGES ARISING OUT OF OR IN CONNECTION WITH YOUR USE OF, OR INABILITY TO USE, THE SITE, UNLESS SUCH DAMAGES OR INJURIES ARE THE RESULT OF OUR NEGLIGENT, FRAUDULENT OR RECKLESS ACTS OR INTENTIONAL MISCONDUCT.
You agree to defend, indemnify, and hold harmless RLC and its directors, officers, managers, employees, contractors, agents, affiliates, suppliers, representatives, licensors, service providers, and vendors from and against any and all claims, liabilities, losses, expenses, damages and costs, including reasonable attorneys’ fees, that arise out of your use of the Site, violation of these Terms by you or your violation of any rights of another. We reserve the right (but not the obligation) to take over the exclusive defense of any claim for which we are entitled to indemnification under this section. In such event, you agree to provide us with such cooperation as is reasonably requested by us.
SUSPENSION AND TERMINATION OF ACCESS
You agree that, in our sole discretion, we may suspend or terminate your use of the Site, or any part of the Site, at any time, for any reason, without notice. You agree that we will not be liable to you or any third-party for any suspension or termination of your use of the Site. In the event that we suspend or terminate your access to and/or use of the Site, you will continue to be bound by the Terms that were in effect as of the date of your suspension or termination.
NOTICE OF MODIFICATION/CHANGES AT WILL
The Site is provided as a service to the Site’s visitors. RLC reserves the right to delete, modify or supplement the content of the Site, or discontinue, temporarily or permanently, the Site, or any portion thereof, with or without notice at any time. RLC reserves the right to terminate operation of the Site entirely at any time for any reason without prior notice. You agree that we will not be liable to you or to any third party for any deletion, modification, supplementation, suspension or discontinuance of the Site or any portion thereof.
If any provision of these Terms is held invalid or unenforceable in whole or in part in any jurisdiction, that provision shall be ineffective in that jurisdiction without affecting the validity or enforceability of the remaining provisions of these Terms.
DISPUTE RESOLUTION BY BINDING ARBITRATION
PLEASE READ THIS SECTION CAREFULLY AS IT AFFECTS YOUR RIGHTS.
Prohibition of Class and Representative Actions and Non-Individualized Relief. YOU AND WE AGREE THAT EACH OF US MAY BRING CLAIMS AGAINST THE OTHER ONLY ON AN INDIVIDUAL BASIS AND NOT AS A PLAINTIFF OR CLASS MEMBER IN ANY PURPORTED CLASS OR REPRESENTATIVE ACTION OR PROCEEDING. UNLESS BOTH YOU AND WE (WHERE EITHER OR BOTH ARE A PARTY TO AN ASSERTED CLAIM) AGREE OTHERWISE, THE ARBITRATOR MAY NOT CONSOLIDATE OR JOIN MORE THAN ONE PERSON’S OR PARTY’S CLAIMS AND MAY NOT OTHERWISE PRESIDE OVER ANY FORM OF A CONSOLIDATED, REPRESENTATIVE, OR CLASS PROCEEDING. THE ARBITRATOR MAY AWARD RELIEF (INCLUDING MONETARY, INJUNCTIVE, AND DECLARATORY RELIEF) ONLY IN FAVOR OF THE INDIVIDUAL PARTY SEEKING RELIEF AND ONLY TO THE EXTENT NECESSARY TO PROVIDE RELIEF NECESSITATED BY THAT PARTY’S INDIVIDUAL CLAIM(S), EXCEPT THAT YOU MAY PURSUE A CLAIM FOR AND THE ARBITRATOR MAY AWARD PUBLIC INJUNCTIVE RELIEF UNDER APPLICABLE LAW TO THE EXTENT REQUIRED FOR THE ENFORCEABILITY OF THIS PROVISION.
Pre-Arbitration Dispute Resolution. We are always interested in resolving disputes amicably and efficiently if there is an opportunity to do so informally. Before an arbitration (or suit in small claims court, if available) is commenced, you or we agree to attempt to avoid the costs of formal dispute resolution by giving each other a full and fair opportunity to address and resolve a dispute informally. Both parties recognize this is an important requirement, and that breach of this requirement would be a material breach of these Terms. To provide this opportunity, before commencing any arbitration (or suit in small claims court, if available), each party agrees to send to the other party a written notice of dispute (“Notice”). The Notice to RLC shall be sent to P.O. Box 747, Stone Ridge, NY, 12484 Attn: Sarah Gugluizza, with a copy to firstname.lastname@example.org. The Notice to you shall be sent to the email address we have on file (each, a “Notice Address”). The Notice must (i) describe the nature and basis of the claim or dispute in sufficient detail to evaluate the merits of the claiming party’s claim and for the other party to determine if an amicable resolution is possible and (ii) set forth the specific relief sought, including the amount of money (if any) that is demanded and the means by which the demanding party calculated the claimed amount. Both parties agree that they will attempt to resolve a dispute through an information negotiation within sixty (60) calendar days from the date the Notice is received. If the claim is not resolved within sixty (60) calendar days after the Notice is received, you or we may commence an arbitration proceeding. Each party agrees that state and federal courts in the New York, may enter injunctive relief to enforce the pre-filing requirements of this paragraph, including an injunction to stay an arbitration that has been commenced in violation of this paragraph.
Arbitration Procedures. The Federal Arbitration Act, 9 U.S.C. §§ 1-16, including its procedural provisions, fully applies. Arbitration will be conducted by a neutral arbitrator in accordance with the American Arbitration Association’s (“AAA”) Consumer Arbitration Rules in effect at the time that such arbitration is initiated (collectively, the “AAA Rules”), as modified by this Arbitration Agreement. For information on the AAA, please visit its website, http://www.adr.org. Information about the AAA Rules and fees for consumer disputes can be found at the AAA’s consumer arbitration page, http://www.adr.org/consumer. If there is any inconsistency between any term of the AAA Rules and any term of this Arbitration Agreement, the applicable terms of this Arbitration Agreement will control unless the arbitrator determines that the application of the inconsistent Arbitration Agreement terms would not result in a fundamentally fair arbitration. The arbitrator must also follow the provisions of these Terms as a court would. Except as set forth above, all issues are for the arbitrator to decide, including, but not limited to, threshold issues relating to the scope, enforceability, and arbitrability of this Arbitration Agreement and issues relating to (a) whether the terms of these Terms (or any aspect thereof) are enforceable, unconscionable, or illusory and (b) any defense to arbitration, including waiver, delay, laches, or estoppel. Although arbitration proceedings are usually simpler and more streamlined than trials and other judicial proceedings, the arbitrator can award the same damages and relief on an individual basis that a court can award to an individual under these Terms and applicable law. While an arbitrator may award declaratory or injunctive relief, the arbitrator may do so only with respect to the individual party seeking relief and only to the extent necessary to provide relief warranted by the individual party’s claim. The arbitrator’s decision and judgment thereon will not have a precedent or collateral estoppel effect on any other claim or dispute. Decisions by the arbitrator are enforceable in court and may be overturned by a court only for very limited reasons.
Any arbitration hearings will take place in the State of New York, at another mutually agreeable location or, if both parties agree, by telephone or video conference. Whether the arbitration will be conducted solely on the basis of documents submitted to the arbitrator or by a hearing will be determined in accordance with the AAA Rules. Regardless of the manner in which the arbitration is conducted, the arbitrator will issue a reasoned written decision sufficient to explain the essential findings and conclusions on which the award is based.
Small Claims Court. Subject to applicable jurisdictional requirements, either party may elect to pursue a dispute in a local small claims court rather than through arbitration so long as the matter remains in small claims court and proceeds only on an individual basis. If a party has already submitted an arbitration demand to the AAA, the other party may, in its sole discretion, inform the AAA that it chooses to have the dispute heard in small claims court. At that time, the AAA will close the arbitration and the dispute will be heard in the appropriate small claims court, with no fees due from the arbitration respondent.
Appeals. Arbitration awards are enforceable like any court order, but are subject to very limited review by a court.
Cost of Arbitration. Payment of all filing, administration, and arbitrator fees (collectively, the “Arbitration Fees”) will be governed by the AAA Rules, unless otherwise provided in this Arbitration Agreement. If you demonstrate to the arbitrator that the costs of arbitration will be prohibitive as compared to the costs of litigation, we will pay as much of the Arbitration Fees as the arbitrator deems necessary to prevent the arbitration from being cost-prohibitive. Any payment of attorneys’ fees will be governed by the AAA Rules.
Confidentiality. Each of the parties shall maintain the strictly confidential nature of the arbitration, including all aspects of the arbitration proceeding, and any ruling, decision, or award by the arbitrator, and shall not (without the prior written consent of the other party) disclose to any third party the fact, existence, content, award, or other result of the arbitration, except as may be necessary to enforce, enter, or challenge such award in a court of competent jurisdiction or as otherwise required by law.
Opt Out. You may reject this Arbitration Agreement, in which case only a court may be used to resolve any dispute. To reject this provision, you must send us an opt-out notice (the “Opt Out”) within thirty (30) days after you first access the Site. The Opt Out must be sent to the RLC Notice Address. The Opt Out must include your name, phone number and the email address(es) you used to sign up and use the Site. This is the only way of opting out of this Arbitration Agreement. Opting out will not affect any other aspect of these Terms, and will have no effect on any other or future agreements you may reach to arbitrate with us.
Severability. If a court or the arbitrator decides that any term or provision of this Arbitration Agreement (other than the Section 2 titled “Prohibition of Class and Representative Actions and Non-Individualized Relief” above) is invalid or unenforceable, the parties agree to replace such term or provision with a term or provision that is valid and enforceable and that comes closest to expressing the intention of the invalid or unenforceable term or provision, and this Arbitration Agreement will be enforceable as so modified. If a court or the arbitrator decides that any of the provisions of Section 2 above titled “Prohibition of Class and Representative Actions and Non-Individualized Relief” are invalid or unenforceable, then the entirety of this Arbitration Agreement will be null and void, unless such provisions are deemed to be invalid or unenforceable solely with respect to claims for public injunctive relief. The remainder of these Terms will continue to apply.
Future Changes to Arbitration Agreement. Notwithstanding any provision in these Terms to the contrary, we agree that if we make any future change to this Arbitration Agreement (other than a change to a Notice Address) while you are a user of the Site, you may reject any such change by sending us written notice within thirty (30) calendar days of the change to the Notice Address provided above. By rejecting any future change, you are agreeing that you will arbitrate any dispute between us in accordance with the language of this Arbitration Agreement as of the date you first accepted these Terms (or accepted any subsequent changes to these Terms).
SITUS, VENUE & JURISDICTION
This Site is controlled by RLC from its offices in the state of New York, United States of America. Visitors who choose to visit the Site from other jurisdictions do so on their own initiative. Those visitors are solely responsible for compliance with their local laws.
Claims relating to the Site, to the use of the Site, and to the information content, material, goods and services available through the Site are governed by and construed in accordance with the Federal Arbitration Act, and by the internal substantive laws of the State of New York, without regard to its conflicts of laws principles. By using our Site you hereby unconditionally, voluntarily, and irrevocably consent to submit to the exclusive jurisdiction and venue of the courts, local and Federal, located in New York, United States of America for any litigation concerning the Site, your use of the Site and any purchases made through the Site that is not subject to arbitration, as set forth above. You agree not to plead forum non-conveniens in any such action. YOU HEREBY IRREVOCABLY AND UNCONDITIONALLY WAIVE ANY RIGHT YOU MAY HAVE TO A TRIAL BY JURY IN RESPECT OF ANY ACTION OR PROCEEDING ARISING OUT OF OR RELATING TO THIS AGREEMENT THAT IS NOT SUBJECT TO ARBITRATION, AS SET FORTH ABOVE. Please do not proceed to use the Site if you are not wholly in agreement with giving your consent.
NO ASSIGNMENT; NO THIRD-PARTY BENEFICIARIES
These Terms are personal to you and you may not assign them or the rights and obligations under them to anyone. Any attempted or purported assignment shall be null and void, and will automatically terminate your right to use the Site. These Terms are not intended to benefit any third party, and do not create any third-party beneficiaries. Accordingly, these Terms may only be invoked or enforced by you or us.
LIMITATION ON ACTIONS
You agree that regardless of any statute or law to the contrary, any claim or cause of action that you may have arising out of or related to use of the Site or these Terms must be filed by you within one (1) year after such claim or cause of action arose or be forever barred.
These Terms constitute the entire agreement between us and you with respect to the subject matter contained in these Terms and supersedes all previous and contemporaneous agreements, proposals and communications, whether written or oral. You also may be subject to additional terms and conditions that may apply when you use the products or services of a third party that are provided through the Site. In the event of any conflict between any such third-party terms and conditions and these Terms, these Terms will govern.
We reserve the right to change these Terms or to impose new conditions on use of the Site, from time to time, in which case we will post the revised Terms on the Site and update the “Last Updated” date above to reflect the date of the changes. By continuing to use the Site after we post any such changes, you accept the Terms, as modified. We strongly encourage and expect that you will review these Terms frequently so that you will be aware of any changes, since they are binding on you.
HOW TO CONTACT US
If you have any questions or requests, you can contact us:
By email: email@example.com
By phone: (718) 986-7470
By letter to:
Rising Lotus Counseling
c/o Sarah Gugluizza, LCSW-R, PMH-C,
P.O. Box 747, Stone Ridge, NY 12484