TERMS OF SERVICE AGREEMENT

LAST REVISION: [April 4th, 2022]

PLEASE READ THIS TERMS OF SERVICE AGREEMENT CAREFULLY. BY USING THIS WEBSITE OR THIRD-PARTY LINKS YOU AGREE TO BE BOUND BY ALL OF THE TERMS AND CONDITIONS OF THIS AGREEMENT.

This Terms of Service Agreement (the "Agreement") governs your use of this website, https://rhonakaplantherapist.com (the "Website"), for Rhona Kaplan, LCSW-R ("Business Name"). This Agreement includes, and incorporates by this reference, the policies and guidelines referenced below. Rhona Kaplan, LCSW-R reserves the right to change or revise the terms and conditions of this Agreement at any time by posting any changes or a revised Agreement on this Website. Rhona Kaplan, LCSW-R will alert you that changes or revisions have been made by indicating on the top of this Agreement the date it was last revised. The changed or revised Agreement will be effective immediately after it is posted on this Website. Your use of the Website following the posting any such changes or of a revised Agreement will constitute your acceptance of any such changes or revisions. Rhona Kaplan, LCSW-R encourages you to review this Agreement whenever you visit the Website to make sure that you understand the terms and conditions governing use of the Website. This Agreement does not alter in any way the terms or conditions of any other written agreement you may have with Rhona Kaplan, LCSW-R for other products or services. If you do not agree to this Agreement (including any referenced policies or guidelines), please immediately terminate your use of the Website. If you would like to print this Agreement, please click the print button on your browser toolbar.

I. WEBSITE

Content; Intellectual Property; Third Party Links. In addition to making Products available, this Website also offers information and marketing materials. This Website also offers information, both directly and through indirect links to third-party websites. Rhona Kaplan, LCSW-R does not create the information offered on these third-party websites. To that extent, Rhona Kaplan, LCSW-R does create most of the content on this Website, such content is protected by intellectual property laws of the United States of America and its governing bodies. Unauthorized use of the material may violate copyright, trademark, and/or other laws. You acknowledge that your use of the content on this Website is for personal, noncommercial use. Any links to third-party websites are provided solely as a convenience to you. Rhona Kaplan, LCSW-R does not endorse the contents on any such third-party websites. Rhona Kaplan, LCSW-R is not responsible for the content of or any damage that may result from your access to or reliance on these third-party websites. If you link to third-party websites, you do so at your own risk. 

Use of Website; Rhona Kaplan, LCSW-R is not responsible for any damages resulting from use of this website by anyone. You will not use the Website for illegal purposes. You will (1) abide by all applicable local, state, national, and international laws and regulations in your use of the Website (including laws regarding intellectual property), (2) not interfere with or disrupt the proper use of the Website by other users, (3) not resell material on the Website, (4) not engage, directly or indirectly, in transmission of "spam", chain letters, junk mail or any other type of unsolicited communication, and (5) not defame, harass, abuse, or disrupt other users of the Website.

License. By using this Website, you are granted a limited, non-exclusive, non-transferable right to use the content and materials on the Website in connection with your normal, noncommercial, use of the Website. You may not copy, reproduce, transmit, distribute, or create derivative works of such content or information without express written authorization from Rhona Kaplan, LCSW-R or the applicable third party (if third party content is at issue).

II. LIMITATION OF LIABILITY

Rhona Kaplan, LCSW-R WILL NOT BE LIABLE FOR ANY DIRECT, INDIRECT, INCIDENTAL, SPECIAL OR CONSEQUENTIAL DAMAGES IN CONNECTION WITH THIS AGREEMENT OR THIRD-PARTY LINKS IN ANY MANNER, INCLUDING LIABILITIES RESULTING FROM THE USE OR THE INABILITY TO USE THE WEBSITE CONTENT OR THIRD-PARTY LINKS.

SOME JURISDICTIONS DO NOT ALLOW THE LIMITATION OR EXCLUSION OF LIABILITY FOR INCIDENTAL OR CONSEQUENTIAL DAMAGES SO SOME OF THE ABOVE LIMITATIONS MAY NOT APPLY TO YOU.

III. INDEMNIFICATION

You will release, indemnify, defend and hold harmless Rhona Kaplan, LCSW-R, and any of its contractors, agents, employees, officers, directors, shareholders, affiliates and assigns from all liabilities, claims, damages, costs and expenses, including reasonable attorneys' fees and expenses, of third parties relating to or arising out of (1) this Agreement or the breach of your warranties, representations and obligations under this Agreement; (2) the Website content or your use of the Website content; (3) any intellectual property or other proprietary right of any person or entity; (4) your violation of any provision of this Agreement; or (5) any information or data you supplied to Rhona Kaplan, LCSW-R. When Rhona Kaplan, LCSW-R is threatened with suit or sued by a third party, Rhona Kaplan, LCSW-R may seek written assurances from you concerning your promise to indemnify Rhona Kaplan, LCSW-R; your failure to provide such assurances may be considered by Rhona Kaplan, LCSW-R to be a material breach of this Agreement. Rhona Kaplan, LCSW-R will have the right to participate in any defense by you of a third-party claim related to your use of any of the Website content, with counsel of Rhona Kaplan, LCSW-R choice at its expense. Rhona Kaplan, LCSW-R will reasonably cooperate in any defense by you of a third-party claim at your request and expense. You will have sole responsibility to defend Rhona Kaplan, LCSW-R against any claim, but you must receive Rhona Kaplan, LCSW-R prior written consent regarding any related settlement. The terms of this provision will survive any termination or cancellation of this Agreement or your use of the Website.

IV. PRIVACY

Rhona Kaplan, LCSW-R believes strongly in protecting user privacy. Please refer to Rhona Kaplan, LCSW-R privacy policy, by clicking on the following link: https://www.privacypolicytemplate.net/live.php?token=FsxsSZzPs0DOSZNFokdHEiWgsUCbQIZI

V. AGREEMENT TO BE BOUND

By using this Website or third-party links, you acknowledge that you have read and agree to be bound by this Agreement and all terms and conditions on this Website. 

VI. GENERAL

Force Majeure. Rhona Kaplan, LCSW-R will not be deemed in default hereunder or held responsible for any cessation, interruption, or delay in the performance of its obligations hereunder due to earthquake, flood, fire, storm, natural disaster, war, terrorism, armed conflict, labor strike, lockout, or boycott.

Cessation of Operation. Rhona Kaplan, LCSW-R may at any time, in its sole discretion and without advance notice to you, cease operation of the Website.

Entire Agreement. This Agreement comprises the entire agreement between you and Rhona Kaplan, LCSW-R and supersedes any prior agreements pertaining to the subject matter contained herein.

Effect of Waiver. The failure of Rhona Kaplan, LCSW-R to exercise or enforce any right or provision of this Agreement will not constitute a waiver of such right or provision. If any provision of this Agreement is found by a court of competent jurisdiction to be invalid, the parties nevertheless agree that the court should endeavor to give effect to the parties' intentions as reflected in the provision, and the other provisions of this Agreement remain in full force and effect.

Governing Law; The United States of America and its governing bodies. This Website originates from New York, NY. This Agreement will be governed by the laws of the State of New York without regard to its conflict of law principles to the contrary. Neither you nor Rhona Kaplan, LCSW-R will commence or prosecute any suit, proceeding or claim to enforce the provisions of this Agreement, to recover damages for breach of or default of this Agreement, or otherwise arising under or by reason of this Agreement, other than in courts located in State of New York. By using this Website, you consent to the jurisdiction and venue of such courts in connection with any action, suit, proceeding, or claim arising under or by reason of this Agreement. You hereby waive any right to trial by jury arising out of this Agreement and any related documents.

Statute of Limitation. You agree that regardless of any statute or law to the contrary, any claim or cause of action arising out of or related to use of the Website or this Agreement must be filed within one (1) year after such claim or cause of action arose or be forever barred.

Waiver of Class Action Rights. BY ENTERING INTO THIS AGREEMENT, YOU HEREBY IRREVOCABLY WAIVE ANY RIGHT YOU MAY HAVE TO JOIN CLAIMS WITH THOSE OF OTHER IN THE FORM OF A CLASS ACTION OR SIMILAR PROCEDURAL DEVICE. ANY CLAIMS ARISING OUT OF, RELATING TO, OR CONNECTION WITH THIS AGREEMENT MUST BE ASSERTED INDIVIDUALLY.

Termination. Rhona Kaplan, LCSW-R reserves the right to terminate your access to the Website if it reasonably believes, in its sole discretion, that you have breached any of the terms and conditions of this Agreement. If your access to the Website is terminated, Rhona Kaplan, LCSW-R reserves the right to exercise whatever means it deems necessary to prevent unauthorized access of the Website. This Agreement will survive indefinitely unless and until Rhona Kaplan, LCSW-R chooses, in its sole discretion and without advance to you, to terminate it.

Domestic Use. Rhona Kaplan, LCSW-R makes no representation that the Website or third-party links are appropriate or available for use in locations outside the United States of America. Users who access the Website from outside the United States do so at their own risk and initiative and must bear all responsibility for compliance with any applicable local laws.

Assignment. You may not assign your rights and obligations under this Agreement to anyone. Rhona Kaplan, LCSW-R may assign its rights and obligations under this Agreement in its sole discretion and without advance notice to you.

BY USING THIS WEBSITE OR THIRD-PARTY LINKS FROM THIS WEBSITE YOU AGREE 
TO BE BOUND BY ALL OF THE TERMS AND CONDITIONS OF THIS AGREEMENT.

For further questions regarding this Agreement, you may send written correspondence to:

Rhona Kaplan, LCSW-R

49 West 24th Street, #602

New York, NY 10010