Terms & Conditions
The Terms & Conditions
- These Terms & Conditions (the "Agreement") govern your use (hereinafter "User," "Client," or "you") of the services through which Shawngeraty.com provides spiritual counseling, consulting professional advice, life coaching and other information (hereinafter collectively referred to as the "Services"), the Services may be provided, be accessible or be available via multiple websites, devices, platforms and other means, whether owned and/or operated by Grace Like a River Ministries or by third parties, including without limitation, the website shawngeraty.com and shawngeraty.com/gracelikearivercounseling (hereinafter the "Website" or the "Ministry").
The Use Counselors and Counselor Services
- The Website enables Users to communicate with a counselor, consultant, life coach, spiritual counselor, minister, practitioner, professional, expert, coach, advisor, or any other person (collectively "Counselor") for the purpose of getting spiritual counseling, life coaching, information, advice or any other input, beneﬁt or service (collectively "Counselor Services").
- The Ministry makes no representations or warranties whatsoever as to the willingness or ability of a Counselor to give advice. Counselors reserve the right to refrain from giving advice, in the Counselors' sole discretion.
- The Ministry makes no representations or warranties whatsoever as to whether you will ﬁnd the Counselor's Services relevant, useful, correct, or satisfactory or suitable to your needs.
- The Ministry and the Website do not guarantee the veriﬁcation of, the skills, degrees, qualiﬁcations, licensure, certiﬁcation, credentials, competence or background of any Counselor. It is the User's sole responsibility to conduct independent veriﬁcation regarding any Counselor that provides Counselor Services. It is strongly recommend that the User conducts this veriﬁcation prior to communicating with any Counselor through the Website and on a continuous basis while accessing Counseling Services through the Website.
- Counselors reserve the right to end the counseling relationship and refer you to a licensed medical professional, or psychologist, should the Counselor feel, in his or her sole discretion, that you may beneﬁt from such services. NOTWITHSTANDING THE FOREGOING, COUNSELORS ARE NOT QUALIFIED, AND ARE UNDER NO OBLIGATION TO OBSERVE, DIAGNOSE, TREAT, OR OTHERWISE ADDRESS ANY MEDICAL, OR PSYCHOLOGICAL DISEASES, DISORDERS, OR OTHER ISSUES WHICH MAY REQUIRE MEDICAL OR PSYCHIATRIC DIAGNOSIS OR TREATMENT.
Use of the Platform
- User agrees, conﬁrms and acknowledges that although the Counselor may provide the Counselor Services through the Platform, Counselors do not assess whether the use of the Counselor, the Counselor Services or the Website is right and suitable for the User's needs. THE WEBSITE AND COUNSELING SERVICES DO NOT INCLUDE THE PROVISION OF PROFESSIONAL MEDICAL CARE, MENTAL HEALTH SERVICES, OR OTHER SERVICES.
- The User agrees, conﬁrms and acknowledges that the Counselor Services provided by the Ministry are not a complete substitute for a face-to-face examination and/or session by a licensed qualiﬁed professional. Users should never rely on or make health or well-being decisions primarily based on information provided as part of the Counselor Services by the Ministry or through the Website. It is strongly recommended that Users consider seeking advice through in-person appointments with a licensed and qualiﬁed professional. Advice, diagnosis, prescriptions or other medical services provided by a doctor or other qualiﬁed medical professional should never be disregarded, nor should any appointments, treatments, or other services be skipped or canceled based on advice given by the Counselors or the Ministry.
- THE WEBSITE AND COUNSELING SERVICES ARE NOT INTENDED FOR DIAGNOSIS, INCLUDING INFORMATION REGARDING WHICH DRUGS OR TREATMENT THAT MAY BE APPROPRIATE FOR THE USER, AND USERS SHOULD WEBSITE DISREGARD ANY SUCH OR THE COUNSELING ADVICE IF DELIVERED THROUGH THE WEBSITE OR SERVICES.
- Users are advised to exercise a high level of care and caution in the use of the Website and the Counselor Services.
- IF YOU ARE THINKING ABOUT SUICIDE OR ACTIONS THAT MAY CAUSE HARM TO YOU OR TO OTHERS OR IF YOU FEEL THAT OR ANY OTHER PERSON MAY BE IN ANY DANGER OR IF YOU HAVE ANY MEDICAL EMERGENCY, YOU MUST IMMEDIATLEY CALL THE EMERGENCY SERVICE NUMBER (911 IN THE US) AND NOTIFY THE RELEVANT AUTHORITIES. YOU ACKNOWLEDGE, CONFIRM AND AGREE THAT THE WEBSITE AND COUNSELING SERVICES ARE NOT DESIGNED FOR USE IN ANY OF THE AFOREMENTIONED CASES AND THAT YOU MUST NOT SEEK COUNSELING SERVICES FROM THE MINISTRY OR THE WEBSITE IN ANY OF THE AFOREMENTIONED CASES.
- The Website may contain other content, articles, products or services which are offered or provided by third parties ("Third-Party Content"), links to Third Party Content (including but not limited to links to other websites) or advertisements which are related to Third Party Content. The User conﬁrms and acknowledges that the Ministry has no responsibility over any such Third-Party Content, including (but not limited to) any related products, practices, terms or policies, and that we will not be liable for any damage or loss caused by any Third-Party Content.
Further Disclaimer of Warranty
- USER HEREBY RELEASES THE MINISTRY, THE WEBSITE, AND ALL COUNSELORS AND AGREES TO HOLD HARMLESS FROM ANY AND ALL CAUSES OF ACTION AND CLAIMS OF ANY NATURE RESULTING FROM THE COUNSELING SERVICES OR THE WEBSITE, INCLUDING (WITHOUT LIMITATIONS) ANY ACT, OMISSION, OPINION, RESPONSE, ADVICE, SUGGESTION, INFROMATION AND/OR SERVICE OF ANY COUNSELING SERVICES OFFERED BY COUNSELORS THROUGH THE WEBSITE OR THROUGH THE MINISTRY.
- USER AGREES, CONFIRMS AND ACKNOWLEDGES THAT THE WEBSITE IS PROVIDED “AS IS” AND THEREFORE THE USER WILL NOT HAVE ANY CLAIM OR DEMAND AGAINST THE WEBSITE, THE MINISTRY, OR THE COUNSELORS. THE USE OF THE WEBSITE IS AT THE USERS SOLE RISK. TO THE FULLEST EXTENT OF THE LAW, THE MINISTRY, THE WEBSITE, AND THE COUNSELORS EXPRESSLY DISCLAIM ALL WARRANTIES OF ANY KIND, WHETHER EXPRESSED OR IMPLIES, INCLUDING BUT NOT LIMITED TO MERCHANTABILITY, NON-INFRINGEMENT, SECURITY, FITNESS FOR A PARTICULAR PUROSE OR ACCURACY.
- ANY CONSULTATION WITH A COUNSELOR VIA THE WEBSITE CANNOT AND DOES NOT REPLACE A MEETING WITH A PROFESSIONAL. YOU ARE ENCOURAGED TO VERIFY THE INFORMATION PROVIDED BY THE COUNSELORS. ANY RELIANCE ON SUCH INFORMATION IS DONE AT THE USERS FULL AND SOLE RISK AND LIABILITY.
- THE MINISTRY AND THE WEBSITE DO NOT ASSUME, AND WILL NOT BE LIABLE FOR: (A) THE ACCURACY OR AVAILABILITY OF THE WEBSITE OR ANY PART OF THE WEBSITE; OR (B) ANY DAMAGES, HARM OR INJURY ARISING FROM OR RELATED TO THE WEBSITE, THE MINISTRY OR THE COUNSELORS, OR THE COUNSELING SERVICES.
- In the event of a dispute regarding any transaction conducted via the Website, the User hereby relieves the Website and the Ministry from all manner of actions, claims or demands and from any and all losses (direct, indirect, incidental or consequential), damages, costs or expenses, including, without limitation, court costs and attorneys' fees, which the User may have against one or more of the above.
Limitation of Liability
- THE USER AGREES, CONFIRMS AND ACKNOWLEDGES THAT THE WEBSITE, THE MINISTRY AND THE COUNSELORS SHALL NOT BE LIABLE TO THE USER OR TO ANY THIRD-PARTY FOR ANY INDIRECT, INCIDENTAL, CONSEQUENTIAL, SPECIAL, PUNITIVE OR EXEMPLARY DAMAGES.
- THE USER FURTHER AGREES, CONFIRMS AND ACKNOWLEDGES THAT THE WEBSITE, THE MINISTRY AND THE COUNSELORS' AGGREGATE LIABILITY FOR DAMAGES ARISING WITH RESPECT TO THIS AGREEMENT AND ANY AND ALL USE OF THE WEBSITE WILL NOT EXCEED THE TOTAL AMOUNT OF MONEY PAID BY THE USER THROUGH THE PLATFORM IN THE 3 MONTHS PERIOD PRIOR TO THE DATE OF THE CLAIM.
- If the applicable law does not allow the limitation of liability as set forth above, the limitation will be deemed modiﬁed solely to the extent necessary to comply with applicable law.
- This section (limitation of liability) shall survive the termination or expiration of this Agreement.
Users' account, representations, conduct and commitments
- You hereby conﬁrm that you are at least 18 years old of age.
- You hereby conﬁrm that you are legally able to enter into a contract.
- You hereby conﬁrm and agree that all the information that you provided in or through the Website, and the information that you will provide in or through the Website in the future, is accurate, true, current and complete. Furthermore, you agree that during the term of this Agreement you will make sure to maintain and update this information so it will continue to be accurate, current and complete.
- You agree, conﬁrm and acknowledge that you are responsible for maintaining the conﬁdentiality of your password and any other security information related to your account (collectively "Account Access"). We advise you to change your password frequently and to take extra care in safeguarding your password.
- You agree to notify us immediately of any unauthorized use of your Account Access or any other concern for breach of your account security.
- You agree, conﬁrm and acknowledge that we will not be liable for any loss or damage that incurred as a result of someone else using your account, either with or without your consent and/or knowledge.
- You agree, conﬁrm and acknowledge that you are solely and fully liable and responsible for all activities that are made by using your Account Access. You further acknowledge and agree that we will hold you liable and responsible for any damage or loss incurred as a result of the use of your Account Access by any person whether authorized by you or not, and you agree to indemnify us for any such damage or loss.
- You agree and commit not to use the account or Account Access of any other person for any reason.
- You agree and conﬁrm that your use of the Website, including the Counselor Services, are for your own personal use only and that you are not using neither the Website, the Ministry nor the Counselor Services for or behalf of any other person or organization.
- You agree and commit not to interfere with or disrupt, or attempt to interfere with or disrupt, any of our systems, services, servers, networks or infrastructure, or any of the Website's systems, services, servers, networks or infrastructure, including without limitation obtaining unauthorized access to the aforementioned.
- You agree and commit not to make any use of the Website for the posting, sending or delivering of either of the following: (a) unsolicited email and/or advertisement or promotion of goods and services; (b) malicious software or code; (c) unlawful, harassing, privacy invading, abusive, threatening, vulgar, obscene, racist or potentially harmful content; (d) any content that infringes a third party right or intellectual property; (e) any content that may cause damage to a third party; (f) any content which may constitute, cause or encourage a criminal action or violate any applicable law.
- You agree and commit not to violate any applicable local, state, national or international law, statute, ordinance, rule, regulation or ethical code in relation to your use of the Website and your relationship with the Counselors and us.
- If you receive any ﬁle from us or from a Counselor, whether through the Website or not, you agree to check and scan this ﬁle for any virus or malicious software prior to opening or using this ﬁle.
- You will indemnify us, defend us, and hold us harmless from and against any and all claims, losses, causes of action, demands, liabilities, costs or expenses (including, but not limited to, litigation and reasonable attorneys' fees and expenses) arising out of or relating to any of the following: (a) your access to or use of the Website; (b) any actions made with your account or Account Access whether by you or by someone else; (c) your violation of any of the provisions of this Agreement; (d) non-payment for any of the services (including Counselor Services) which were provided through the Website; (e) your violation of any third party right, including, without limitation, any intellectual property right, publicity, conﬁdentiality, property or privacy right This clause shall survive expiration or termination of this Agreement.
Fees and Payment
- You conﬁrm and agree that all payment related information that you provided and will provide in the future, to or through the Platform, are accurate, current and correct and will continue to be accurate, current and correct.
- You conﬁrm and agree to use only payment means (credit cards or others) which you are dully and fully authorized to use.
- You agree that all current and future interactions (whether online or ofﬂine) between you and a Counselor will be made, managed and billed through Platform.
- If, for any reason, an interaction between you and the Counselor is not made through the Website, you agree that it will be billed through the Website and that the standard Website Use Fees will be charged and delivered to us even if the Website hasn't been used for this interaction.
- You agree and commit to immediately notify us, including all the relevant details, in any case that you receive a service from a Counselor not through the Website or in any case that you are billed by a Counselor not through the Website.
- You agree to pay all fees and charges associated with your Account a timely basis and according to the fees schedule, the terms and the rates as published in the Website. Such fees and charges (including any taxes and late fees, as applicable) may be charged on your credit card. By providing us with your credit card information you authorize us to bill and charge you through that credit card. You agree to maintain valid credit card information in your Account information.
Modiﬁcations. Termination. Interruption and Disruptions to the Platform
- You agree, conﬁrm and acknowledge that we may modify, suspend, disrupt or discontinue the Website, any part of the Website or the use of the Website, whether to all clients or to you speciﬁcally, at any time with or without notice to you. You agree and acknowledge that we will not be liable for any of the aforementioned actions or for any losses or damages that are caused by any of the aforementioned actions.
- For the removal of any doubt, we may terminate or prevent your use of the Website and any services provided by through the Website (including but not limited to Counselor Services) at our sole discretion for any reason and for any period of time.
- The Website depends on various factors such as software, hardware and tool, either our own or those owned and/or operated by our contractors and suppliers. We do not guarantee that the Website will be uninterrupted or that it will be secure, consistent, timely or error-free.
- We may provide notices or other communications to you regarding this agreement or any aspect of the Website, by email to the email address that we have on record, by regular mail or by posting it online. The date of receipt shall be deemed the date on which such notice is given. Notices sent to us must be delivered by email to [email protected]
Important notes about our Agreement
- This Agreement and our relationship with you shall both be interpreted solely in accordance with the laws of the Commonwealth of Pennsylvania excluding any rules governing choice of laws.
- You irrevocably agree that the exclusive venue for any action or proceeding arising out of relating to this Agreement or our relationship with you, regardless of theory, shall be the U.S. District Court located in Harrisburg, Pennsylvania, or the state courts located in Cumberland County in Pennsylvania. You irrevocably consent to the personal jurisdiction of the aforementioned courts and hereby waive any objection to the exercise of jurisdiction by the aforementioned courts.
- THIS AGREEMENT CONSTITUTES THE ENTIRE AGREEMENT BETWEEN YOU AND US. YOU CONFIRM THAT YOU HAVE NOT RELIED UPOJN ANY PROMISES OR REPRESENTATIONS BY US EXCEPT AS SET FORTH IN THIS AGREEMENT.
- We may change this Agreement by posting modiﬁcations on the Website. Unless otherwise speciﬁed by us, all modiﬁcations shall be effective upon posting. Therefore, you are encouraged to check the terms of this Agreement frequently. The last update date of this Agreement is posted at the bottom of the Agreement. By using the Website after the changes become effective, you agree to be bound by such changes to the Agreement. If you do not agree to the changes, you must terminate access to the Website and participation in its services.
- We may freely transfer or assign this Agreement or any of its obligations hereunder.
- The paragraph headings in this Agreement are solely for the sake of convenience and will not be applied in the interpretation of this Agreement.
- If any provision of this Agreement is held by a court of competent jurisdiction to be illegal, invalid, unenforceable, or otherwise contrary to law, the remaining provisions of this Agreement will remain in full force and effect.
- To clear any doubt, all clauses regarding limitations of liabilities and indemniﬁcation shall survive the termination or expiration of this Agreement.
Last Updated on November 20th, 2017