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TERMS OF USE

THIS NOTICE DESCRIBES OUR TERMS OF USE.

​PLEASE REVIEW IT CAREFULLY.

Last Modified 3/12/2024

1. BINDING AGREEMENT.  By using the Inclusion Therapies LLC, (“INCT”or "us" or "we") website (the "Site"), you agree to be bound by all terms, conditions and notices contained or referenced herein (the "Terms of Use") and the Privacy Policy Statement ("Privacy Policy"). This INCT Site (where you are accessing this content) is for information purposes only and the Terms of Use and Privacy Policy relate specifically to this Site. We reserve the right to change or discontinue any feature of the Site, including but not limited to the Terms of Use, at any time, by posting revisions onto the Site. You agree to be deemed apprised and bound by any changes to these Terms and Conditions and your continued use of the Site indicates your agreement to the revised terms. You also agree to review this information from time to time as may be required to keep informed of any revisions to the Terms and Conditions. If you do not agree to the terms of this or any revised policy, please exit the Site immediately.

Please be advised that this User Agreement contains provisions that govern how claims you and we have against each other are resolved (see Disclaimer of Warranties; Limitation of Liability and Legal Disputes provisions below). It also contains an Agreement to Arbitrate, which will, with limited exception, require you to submit claims you have against us to binding and final arbitration, unless you opt-out of the Agreement to Arbitrate. Unless you opt-out: (1) you will only be permitted to pursue claims against us on an individual basis, not as a plaintiff or class member in any class or representative action or proceeding and (2) you will only be permitted to seek relief (including monetary, injunctive, and declaratory relief) on an individual basis.


A. MEMBERSHIP.

We offer a monthly membership subscription that you may choose; it is non-transferable and includes billing that occurs every (4) four weeks.  There is a monthly fee for the primary member and additional fees for sharing a single membership with other adults and/or minor children. There are no refunds for any charged subscription fees. 

(i) Automatic Renewal

Any subscription you choose will continue and automatically renew until you cancel the membership. By choosing a recurring Membership Service, you acknowledge that such paid services have a recurring payment and you accept responsibility for all recurring charges prior to cancellation.

(ii) Cancel 

You may cancel the subscription to the service at any time for any reason. Your membership must be canceled before it renews in order to avoid the next billing cycle.  

We reserve the right at any time to cancel/terminate (or suspend for any duration) the membership of any member in the event of the following:

(a) The member commits a serious breach of this Agreement and/or our Policies, Terms of Use, Rules and Regulations. 

(b) Where any monies are due to us by the member remains unpaid after its due date for payment. 

(c) The member knowingly provides false information when initiating the membership and the false declaration(s) would have reasonably affected our decision to approve or continue the membership. 

(d) If we terminate for any reason, we reserve the right to retain any monies received to cover any reasonable costs we have incurred as a result of administration of adherence to policies and/or  collection efforts.

(iii) Unused sessions

Any sessions (video, phone and/or in-person) accrued but unused within a billing cycle will not roll over or be eligible for use after that billing cycle concludes. For example, if you commence your membership on May 1, only use 3 out of 4 sessions (each 45 minutes in duration) for that monthly billing cycle, the additional session credit does not rollover into June (resulting in you having 5 sessions available in June). All sessions expire within the applicable billing cycle.

(iv) Changes

We reserve the right to change our subscription or adjust prices of our services only after notice to you and upon commencement of the next billing cycle. We reserve the right to vary, add or eliminate any of the particular services, treatment techniques, modalities and/or facilities provided.  We reserve the right to close or modify facility hours with, or without, notice. 

(v) Pause

There may be times when you will need to pause their membership for a period of time. When a membership is paused, the member is not authorized to use their membership services or benefits during the pause period. At the end of the membership pause term, billing will continue with the next scheduled date. All terms and conditions will continue to apply through the term of the membership pause. 

(vi) Indemnification

You will indemnify us, defend us, and hold us (and our affiliates, agents, and employees) 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 our site and/or services including any injury or loss of property while participating in services; 

(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 including but not limited to (as our providers cannot diagnose any medical conditions), your responsibility to provide updated changes in your physical and mental condition and for reporting any and all injuries sustained at the time of service and you release us from any injury resulting from undiagnosed medical conditions present during your therapy treatment

(d) non-payment for any of the services (including Therapist Services); 

(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.

(vii) Payment 

You confirm and agree to use only credit cards or other payment means (collectively “Payment Means”) which you are duly and fully authorized to use, and that all payment related information that you provided and will provide in the future, is accurate, current and correct and will continue to be accurate, current and correct.

You agree to pay all fees and charges associated with your account on a timely basis and according to the fees schedule, the terms and the rates as published. By providing us with your Payment Means you authorize us to bill and charge you through that Payment Means and you agree to maintain valid Payment Means information in your account information.


2. RESTRICTIONS ON USE OF MATERIALS. The Site contains material which is protected, nationally and internationally, by copyright and trademark laws. No material (including without limitation the text, images, audio and/or video) from IncThr.com, IncThp.com, InclusionTherapies.com, or any site owned, operated, licensed or controlled by us, (Inclusion Therapies LLC) and/or by our affiliates and no software (including without limitation any images or files incorporated in or generated by the software or data accompanying such software) (the "Materials") may be copied, reproduced, republished, uploaded, downloaded, posted, transmitted, or distributed in any way or decompiled, reverse engineered or disassembled, except that you may download one copy of only such Materials which is expressly so designated, and in such event, only on any single computer device for your personal, non-commercial home use only, provided you keep intact any and all copyright and other proprietary notices. Modification of the Materials or use of the Materials for any other purpose is a violation of our, and/or one or more third party's copyright, trademark and/or other proprietary rights. The use of any such Materials on any other website or networked computer environment is prohibited without our express written consent.The Site contains material which is protected, nationally and internationally, by copyright and trademark laws. No material (including without limitation the text, images, audio and/or video) from IncThr.com, IncThp.com, InclusionTherapies.com, or any site owned, operated, licensed or controlled by us, (Inclusion Therapies LLC) and/or by our affiliates and no software (including without limitation any images or files incorporated in or generated by the software or data accompanying such software) (the "Materials") may be copied, reproduced, republished, uploaded, downloaded, posted, transmitted, or distributed in any way or decompiled, reverse engineered or disassembled, except that you may download one copy of only such Materials which is expressly so designated, and in such event, only on any single computer device for your personal, non-commercial home use only, provided you keep intact any and all copyright and other proprietary notices. Modification of the Materials or use of the Materials for any other purpose is a violation of our, and/or one or more third party's copyright, trademark and/or other proprietary rights. The use of any such Materials on any other website or networked computer environment is prohibited without our express written consent.

If you download software from the Site, the software, including any files and/or images incorporated in or generated by the software, and data accompanying the software (collectively, the "Software") are licensed to you by us. We do not transfer title to the Software to you. You own the medium on which the Software is recorded, but we retain full and complete title to the Software, and all intellectual property rights therein. You may not re-sell, decompile, reverse engineer, disassemble or otherwise reduce the Software to a human-perceivable form. Use of this Material on any other web site or other networked computer environment is prohibited. All trademarks and logos are owned by INCT and/or its licensors and you may not copy or use them in any manner. To notify INCT of a copyright infringement, please contact us at Info@incthr.com. 

3. SITE MATERIALS ARE NOT PROFESSIONAL ADVICE. The information contained in or made available through the INCT Sites (including but not limited to information contained on message boards, comments, podcasts, video content, in text files, or in chats) is for general education and/or entertainment purposes only. It cannot replace or substitute for the services of individually hired (by you and/ or your lawful agents) and trained professional providers in any field, including, but not limited to, financial, real estate, medical, educational, mental health, or legal matters that you have retained and are clients of (their medical practices, firms, businesses, etc.). You may not reasonably rely or act upon any of the information offered, discussed, referenced, linked to or otherwise provided within or through the INCT Sites as these are general information sites. An attorney, CPA, realtor, or physician (or any other qualified professional) providing content on this site is not your personal attorney or physician (or any other professional) by virtue of your access to this site. You must seek individual professional advice by entering into a contract for services and/ or treatment with a qualified and practicing provider to address your personal issues and decisions in your life. In particular, you should regularly consult a medical doctor in all matters relating to physical or mental health, particularly concerning any symptoms that may require diagnosis or medical attention. A licensed attorney in your jurisdiction must be consulted individually under the terms of their client agreements regarding any and all legal matters. A licensed financial professional (CPA, etc.) must be consulted  individually under the terms of their client agreements regarding any and all financial matters. A licensed real estate professional must be consulted individually under the terms of their client agreements regarding any and all real estate matters. Any information contained on this site by a licensed professional does not constitute any client, patient, or other contract or obligation between you and the professionals. Neither INCT nor any of its affiliated companies nor any of its or their respective licensors or suppliers make representations or warranties (express or implied) concerning: 

(i) the information offered or provided within or through the INCT Sites; 

(ii) any treatment, action, or application of medication or preparation by any person following the information offered or provided within or through the INCT Sites. 


Neither we nor our partners, sponsors and the respective parents, subsidiaries, affiliates, successors and assigns, and the respective directors, officers, employees, agents, shareholders of each of the foregoing entities will be liable for any direct, indirect, consequential, special, exemplary or other damages that may result from your (or your agents) reliance on any of the information offered or provided within or through the INCT Sites, including but not limited to economic loss, legal liability, injury, illness or death. 


4. SUBMISSIONS. INCT does not accept or consider unsolicited creative ideas, suggestions or materials. The intent of this policy is to avoid the possibility of future misunderstandings when projects developed by our professional staff might seem to others to be similar to their individual creative work. Accordingly, do not send us and we will not accept, consider or review any original creative materials including, but not limited to, songs, software, apps, slogans, merchandising, podcasts, logos, stories or character ideas, screenplays, poems, television ideas, or original artwork. We do value your feedback on our services and products, yet we request that you be specific in your comments on those services and products, and not submit any creative ideas, suggestions or materials.INCT does not accept or consider unsolicited creative ideas, suggestions or materials. The intent of this policy is to avoid the possibility of future misunderstandings when projects developed by our professional staff might seem to others to be similar to their individual creative work. Accordingly, do not send us and we will not accept, consider or review any original creative materials including, but not limited to, songs, software, apps, slogans, merchandising, podcasts, logos, stories or character ideas, screenplays, poems, television ideas, or original artwork. We do value your feedback on our services and products, yet we request that you be specific in your comments on those services and products, and not submit any creative ideas, suggestions or materials.

If, despite our demand that you not send us any creative materials, you send us creative suggestions, ideas, notes, drawings, songs, concepts or other information or if you transmit to the Site by electronic mail or otherwise, communications including any data, questions, comments, suggestions, or the like (collectively, the "Information"), then by such action you have waived any and all proprietary rights which you may have in such materials. None of the Information shall be subject to any obligation of confidentiality on our part and we shall not be liable for any use or disclosure of any Information. Without limitation of the foregoing, we shall exclusively own all now known or hereafter existing rights to the Information of every kind and nature throughout the universe, shall be entitled to unrestricted use of the Information for any purpose whatsoever, commercial or otherwise, and we shall not owe any compensation to any third party.

5. AGE.  The Site is intended only for adult users aged 18 or older. Individuals under the age of 18 are strictly prohibited from using the Site and the accounts for any such person shall be terminated upon discovery. The INCT Site is not directed to children under the age of 18 and INCT will not knowingly collect personally identifiable information from children under 18. You agree to comply with any such restrictions, and not to help anyone avoid these restrictions.

6. DISCLAIMER AND YOUR ASSUMPTION OF RISK. Your use and browsing of the Site is at your risk. If you are dissatisfied with any of the Materials contained in the Site, or with any of these Terms and Conditions, your sole and exclusive remedy is to discontinue accessing and using the Site.Your use and browsing of the Site is at your risk. If you are dissatisfied with any of the Materials contained in the Site, or with any of these Terms and Conditions, your sole and exclusive remedy is to discontinue accessing and using the Site.

We do not warrant that the functions contained in the Materials will be uninterrupted or error-free, and/or that defects will be corrected. We do not warrant or make any representations regarding the use or the results of the use of the materials in this Site in terms of their correctness, accuracy, reliability, or otherwise. You (and not us) assume the entire cost of all necessary servicing, repair or correction. Certain of the disclaimers/limitation herein may be superseded by applicable local law.

TO THE FULLEST EXTENT PERMISSIBLE PURSUANT TO APPLICABLE LAW, INCT AND/OR ANY OTHER PARTY INVOLVED IN CREATING, PRODUCING, OR DELIVERING THE SITE ARE NOT LIABLE FOR ANY DIRECT, INCIDENTAL, CONSEQUENTIAL, INDIRECT, OR PUNITIVE DAMAGES ARISING OUT OF YOUR ACCESS TO, OR USE OF, THE SITE. BY USING THIS SITE AND/OR POSTING MATERIAL, YOU AGREE TO INDEMNIFY INCT, ITS OFFICERS, DIRECTORS, EMPLOYEES, AGENTS, DISTRIBUTORS AND AFFILIATES FOR ANY AND ALL CLAIMS, DAMAGES, LOSSES AND CAUSES OF ACTION ARISING OUT OF YOUR BREACH OF THE FOREGOING AGREEMENT. WITHOUT LIMITING THE FOREGOING, EVERYTHING ON THE SITE IS PROVIDED TO YOU "AS IS" WITHOUT WARRANTY OR CONDITION OF ANY KIND, EITHER EXPRESSED OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, THE IMPLIED WARRANTIES AND CONDITIONS OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, OR NON-INFRINGEMENT.

You specifically acknowledge and agree that INCT and/or our affiliates are not liable for any defamatory, offensive or illegal conduct of any user. We also assume no responsibility, and shall not be liable for any damages to, or viruses or other harmful components that may infect, your computer equipment or other property on account of your access to, use of, or browsing in the Site (including any Bulletin Board) or the server that makes it available, or your downloading of any Materials from the Site.

We will have the right at any time to change or discontinue any aspect or feature of the Site, including without limitation content, hours of availability, and equipment required for access or use. We do not warrant or make any representations of any kind or nature with respect to the Materials. Therefore, you are responsible for compliance with local laws, if and to the extent local laws are applicable.

7. DISCLAIMER OF WARRANTIES

YOU EXPRESSLY AGREE THAT ALL MATERIALS, INFORMATION, SOFTWARE, PRODUCTS, AND SERVICES INCLUDED IN OR AVAILABLE THROUGH THE SITE (THE “CONTENT") ARE PROVIDED "AS IS" AND "AS AVAILABLE" FOR YOUR USE AND THAT YOU USE THIS SITE AND ANY CONTENT YOU CHOOSE TO DOWNLOAD AT YOUR SOLE RISK. CAE DOES NOT IN ANY WAY WARRANT, EITHER EXPRESSLY OR BY IMPLICATION, INCLUDING, BUT NOT LIMITED TO, WARRANTIES OF TITLE, NON-INFRINGEMENT OR IMPLIED WARRANTIES OF MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE OR OTHERWISE, OTHER THAN THOSE WARRANTIES WHICH ARE INCAPABLE OF EXCLUSION, RESTRICTION OR MODIFICATION UNDER APPLICABLE LAW. INCT, INCLUDING EMPLOYEES, OFFICERS, DIRECTORS, SHAREHOLDERS, AGENTS, CONSULTANTS, CONTRACTORS OR LICENSORS, MAKES NO WARRANTY THAT THE CONTENT OF THE SITE OR ANY SERVICE OR MERCHANDISE PROVIDED THROUGH IT, IS ACCURATE, RELIABLE OR CORRECT; THAT THE SITE OR ANY LINKED SITE, WILL BE AVAILABLE AT ANY PARTICULAR TIME OR LOCATION; THAT ANY DEFECTS OR ERRORS WILL BE CORRECTED; THAT THE CONTENT IS FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS; OR THAT YOU WILL ACHIEVE SUCCESSFUL RESULTS FROM FOLLOWING ANY INSTRUCTIONS, DIRECTIONS OR RECOMMENDATIONS ON THE SITE.

8. LIMITATION OF LIABILITY

UNDER NO CIRCUMSTANCES SHALL INCT, INCLUDING ITS EMPLOYEES, OFFICERS, DIRECTORS, SHAREHOLDERS, AGENTS, CONSULTANTS, CONTRACTORS OR LICENSORS, BE LIABLE FOR ANY DAMAGES IN LAW OR IN EQUITY, INCLUDING WITHOUT LIMITATION DIRECT, INDIRECT, PUNITIVE, INCIDENTAL, SPECIAL OR CONSEQUENTIAL DAMAGES THAT RESULT FROM THE USE OF, OR INABILITY TO USE, THE SITE OR FROM INFORMATION PROVIDED ON THE SITE OR FROM ANY FAILURE OF PERFORMANCE, ERROR, OMISSION, INTERRUPTION, DELETION, DEFECT, DELAY IN OPERATION OR TRANSMISSION, COMPUTER VIRUS, COMMUNICATION LINE FAILURE, THEFT OR DESTRUCTION OR UNAUTHORIZED ACCESS TO, ALTERATION OF, OR USE OF RECORD, AND THE RISK OF ANY INJURY FROM THE FOREGOING RESTS ENTIRELY WITH YOU. THIS LIMITATION APPLIES WHETHER THE ALLEGED LIABILITY IS BASED ON CONTRACT, TORT, NEGLIGENCE, STRICT LIABILITY OR ANY OTHER BASIS INCLUDING ANY DEFAMATORY, OFFENSIVE OR ILLEGAL CONDUCT OF OTHER USERS OR THIRD PARTIES, EVEN IF WE HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGE BECAUSE SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OR LIMITATION OF INCIDENTAL OR CONSEQUENTIAL DAMAGES. OUR LIABILITY IN SUCH JURISDICTIONS SHALL BE LIMITED TO THE EXTENT PERMITTED BY LAW.

9. INDEMNITY. You agree to indemnify INCT for certain of your acts and omissions. You agree to indemnify, defend, and hold harmless INCT, its affiliates, officers, directors, employees, consultants, agents, and representatives from any and all third party claims, losses, liability, damages, and/or costs (including reasonable attorney fees and costs) arising from your access to or use of the Site, your violation of these Terms of Use, or your infringement, or infringement by any other user of your account, of any intellectual property or other right of any person or entity. INCT will notify you promptly of any such claim, loss, liability, or demand, and will provide you with reasonable assistance, at your expense, in defending any such claim, loss, liability, damage, or cost.You agree to indemnify INCT for certain of your acts and omissions. You agree to indemnify, defend, and hold harmless INCT, its affiliates, officers, directors, employees, consultants, agents, and representatives from any and all third party claims, losses, liability, damages, and/or costs (including reasonable attorney fees and costs) arising from your access to or use of the Site, your violation of these Terms of Use, or your infringement, or infringement by any other user of your account, of any intellectual property or other right of any person or entity. INCT will notify you promptly of any such claim, loss, liability, or demand, and will provide you with reasonable assistance, at your expense, in defending any such claim, loss, liability, damage, or cost.

10. PRIVACY POLICY. INCT respects your privacy and permits you to control the treatment of your personal information. A complete statement of INCT’s current privacy policy can be found by clicking the “INCT respects your privacy and permits you to control the treatment of your personal information. A complete statement of INCT’s current privacy policy can be found by clicking the “privacy policy” link at the bottom of the page. INCT’s privacy policy is expressly incorporated into this Agreement by this reference. You agree have read and accept the terms of our Privacy Policy.

11. TERMINATION

This agreement is effective until terminated by either party. You may terminate this agreement at any time by destroying all materials obtained from any and all of our Sites and all related documentation and all copies and installations thereof, whether made under the terms of this agreement or otherwise. This agreement will terminate immediately without notice from us if, in our sole discretion, you fail to comply with any term or provision of this agreement. You agree to use the Site only for authorized and legal activities. INCT reserves the right, in our sole discretion, to terminate your access to all or part of the Site, with or without notice and for any reason whatsoever.

Upon termination, you must destroy all materials obtained from this Site and any and all of our other sites and all copies thereof, whether made under the terms of this agreement or otherwise.

12. LINKS TO THIRD PARTY AFFILIATED SITES AND SERVICES. The INCT site contains links to and from sites operated by third parties. INCT makes no representations whatsoever about any third-party content that you may access from the Site or about any website from which you may access the Site and/or which may be linked to this Site. The linked site/content is not under our influence or control, and we are not responsible for any third-party content or the contents of any linked site or subsequent links from that site. Our Privacy Policy is only applicable when you are on this Site.The INCT site contains links to and from sites operated by third parties. INCT makes no representations whatsoever about any third-party content that you may access from the Site or about any website from which you may access the Site and/or which may be linked to this Site. The linked site/content is not under our influence or control, and we are not responsible for any third-party content or the contents of any linked site or subsequent links from that site. Our Privacy Policy is only applicable when you are on this Site.

INCT has no control over, and no liability for any third-party websites or materials. INCT works with a number of partners and affiliates whose Internet sites may be linked with the Site. Because neither INCT nor the Site has control over the content and performance of these partner and affiliate sites, INCT makes no guarantees about the accuracy, currency, content, or quality of the information provided by such sites, and INCT assumes no responsibility for unintended, objectionable, inaccurate, misleading, or unlawful content that may reside on those sites. From time to time in connection with your use of the Site, you may have access to content items (including, but not limited to, websites) that are owned by third parties. You acknowledge and agree that INCT makes no guarantees about, and assumes no responsibility for, the accuracy, currency, content, or quality of this third-party content, and that, unless expressly provided otherwise, these Terms of Use shall govern your use of any and all third party content.

INCT may be a distributor of content supplied by third parties. Any opinions, advice, statements, services, offers or other information or content expressed or made available by third parties are solely those of the respective authors or distributors and not of us. Without limiting any of the foregoing limitation or disclaimers, neither we nor any third party provider of information guarantees the accuracy, completeness, or usefulness of any content provided on or through the Site.

Please review the streaming provider's, and the linked site's, use agreements and privacy policies, and if you do not agree to be bound by the terms, we recommend that you terminate your use of that service or your visit to the site.

13. LAWFUL USE

You agree to use the Site or its contents for lawful purposes and only as expressly permitted in this Terms of Use and for no other purpose. Except where otherwise noted, you may download, print or view individual pages for non-commercial use only, provided you do not delete or change any of the information, including copyright or trademark notices. Except as otherwise permitted herein and as we may expressly authorize, you agree not to sell, license, rent, modify, distribute, copy, reproduce, transmit, publicly display, publicly perform, publish, adapt, edit or create derivative works from the content or materials on the Site or otherwise in any way exploit any of the content of the Site, in whole or in part or violate or infringe in any way upon the rights of others, or do or cause to be done anything which is unlawful, threatening, abusive, defamatory, invasive of privacy or publicity rights, vulgar, obscene, profane or otherwise objectionable, or that which encourages conduct that would constitute a criminal offense, gives rise to civil liability or otherwise violate any law, or which, without INCT’s express prior approval, contains advertising or any solicitation with respect to products or services. Any conduct by you that in our discretion restricts or inhibits any other user from using or enjoying INCT will not be permitted.

INCT imposes certain restrictions on your permissible use of the Site and the Service. You are prohibited from violating or attempting to violate any security features of the Site or Service, including, without limitation, 

(a) accessing content or data not intended for you, or logging onto a server or account that you are not authorized to access; 

(b) attempting to probe, scan, or test the vulnerability of the Service, the Site, or any associated system or network, or to breach security or authentication measures without proper authorization; 

(c) interfering or attempting to interfere with service to any user, host, or network, including, without limitation, by means of submitting a virus to the Site or Service, overloading, “flooding,” “spamming,” “mail bombing,” or “crashing;” 

(d) using the Site or Service to send unsolicited e-mail, including, without limitation, promotions, or advertisements for products or services; 

(e) forging any TCP/IP packet header or any part of the header information in any e-mail or in any posting using the Service; or 

(f) attempting to modify, reverse-engineer, decompile, disassemble, or otherwise reduce or attempt to reduce to a human-perceivable form any of the source code used by INCT in providing the Site or Service. Any violation of system or network security may subject you to civil and/or criminal liability.


14. CODE OF CONDUCT. The Site may have features available for members to enjoy. You understand that all materials, including without limitation, information, data, text, photographs, graphics, video, and email messages or other kinds of messages ("Member Content"), whether publicly posted or privately transmitted, are the sole responsibility of the site user/member from whom such Member Content originated. The Site may have features available for members to enjoy. You understand that all materials, including without limitation, information, data, text, photographs, graphics, video, and email messages or other kinds of messages ("Member Content"), whether publicly posted or privately transmitted, are the sole responsibility of the site user/member from whom such Member Content originated. You are entirely responsible for all Member Content that you upload, publish, post, email, transmit, or otherwise make available on the Site. You understand that by accessing the Site that you will be viewing Member Content of other members. You further understand that INCT will not be liable in any way for any such Member Content, including, but not limited to, for any errors or omissions in any such Member Content available on the Site. You understand that INCT has the right (but not the obligation) to remove any Member content that is posted on the Site.

By using the Site you agree not to:

Publish, upload, post, email, or otherwise make available any content that is harmful, threatening, abusive, stalking, harassing, torturous, defamatory, vulgar, obscene, libelous, invasive of another's privacy, hateful, racially, ethnically or otherwise objectionable or generally unlawful; Publish, upload, post, email, transmit, or otherwise make available any content about other Members, Site users or third parties in connection with stalking, threatening, harming, abusing, harassing, defaming or otherwise objectionable; Collect or store any data about other users or third parties without their express written consent; Publish, upload, post, email, transmit or otherwise make available any content that you do not have a right to make available under any law or under contract; Publish, upload, post, email, transmit or otherwise make available any content that infringes any patent, trademark, trade secret, copyright or other proprietary rights of any party; or Publish, upload, post, email, transmit or otherwise make available any illegal solicitation, unsolicited or unauthorized advertising, promotional materials, junk mail or spam. 

15. INAPPROPRIATE CONTENT. You agree not to upload, download, display, perform, transmit, or otherwise distribute any Content that (a) is libelous, defamatory, obscene, pornographic, abusive, or threatening; (b) advocates or encourages conduct that could constitute a criminal offense, give rise to civil liability, or otherwise violate any applicable local, state, national, or foreign law or regulation; or (c) advertises or otherwise solicits funds or is a solicitation for goods or services. INCT reserves the right to terminate your receipt, transmission, or other distribution of any such material using the Service, and, if applicable, to delete any such material from its servers. You acknowledge that INCT does not pre-screen user/ member Content, but that INCT and its designees have the right (but not the obligation) in their sole discretion to refuse or remove any content and or Member Content on the Site and has the right to remove any content/Member Content that violates these Terms of Use. INCT cooperates fully with any law enforcement officials or agencies in the investigation of any violation of these Terms of Use or of any applicable laws.

You agree to indemnify and hold INCT, its parent, related and affiliated companies, their respective directors, officers, employees, agents, and licensors harmless from any claim or demand, including reasonable legal fees, made by any third party due to or arising out of Member Content you publish, post, transmit or make available through the Site and/or your violation of these Terms of Use, or your violation of any rights of another third party.

16. UNITED STATES USE ONLY.  The Site is controlled and operated by INCT from its offices in the State of Texas. The domain of the website is registered in the United States and the Site is hosted in the United States. The intended audience for this site consists of individuals in the United States only. INCT makes no representation that any of the materials or the services to which you have been given access are available or appropriate for use in other locations. Your use of or access to the Site should not be construed as INCT’s purposefully availing itself of the benefits or privilege of doing business in any state or jurisdiction other than Texas and the United States.

17. USER CONTENT. When providing us with content or posting content to the Site, you grant us a non-exclusive, worldwide, perpetual, irrevocable, royalty-free, sublicensable (through multiple tiers) right to exercise any and all copyright, publicity, trademarks, database rights and intellectual property rights you have in the content, in any media known now or in the future. By posting, downloading, displaying, performing, transmitting, or otherwise distributing information or other content (“User Content”) to the Site or Service, you are granting INCT, its affiliates, officers, directors, employees, consultants, agents, and representatives a license to use User Content in connection with the operation of the Internet business of INCT, its affiliates, officers, directors, employees, consultants, agents, and representatives, including without limitation, a right to copy, distribute, transmit, publicly display, publicly perform, reproduce, edit, translate, and reformat User Content. You agree that INCT may publish or otherwise disclose your name in connection with your User Content. 

By posting User Content on the Site or Service, you warrant and represent that you own the rights to the User Content or are otherwise authorized to post, distribute, display, perform, transmit, or otherwise distribute User Content. Without limitation, the granted rights include the right to configure, host, index, cache, archive, store, digitize, compress, optimize, modify, reformat, edit, adapt, publish in searchable format, and remove such User Content and combine the same with other materials. You further agree that INCT is free to use any ideas, concepts, know-how or techniques contained in any User Content you send to the Sites or INCT, for any purposes whatsoever, including, without limitation, developing, manufacturing and marketing products and or services using such User Content; or creating informational articles based on or advertising our products and services, without compensation to you of any kind. You further perpetually and irrevocably grant INCT the unconditional right to use and exploit your name, persona and likeness included in any User Content and in connection with any User Content, without any obligation or compensation to you. You also grant to INCT the right to sub-license and authorize others to exercise any of the rights granted to INCT under these Terms; and each such third party will be entitled to benefit from the rights and licenses granted to INCT under these Terms. You further authorize INCT to publish your User Content in a searchable format that may be accessed by users of the Sites and the Internet. Except as prohibited by law, you waive any moral rights you may have in any User Content you submit, even if such User Content is altered or changed in a manner not agreeable to you. To the extent not waivable, you irrevocably agree not to exercise such rights (if any) in a manner that interferes with any exercise of the granted rights. You understand that you will not receive any fees, sums, compensation, consideration, or remuneration for any of the rights granted in this Section.

You represent and warrant that none of the following infringe any intellectual property right: your provision of content to us, your posting of content using the Services, and our use of such content (including of works derived from it) in connection with the Services.

18. INTERACTIVE USER ENGAGEMENT

The Site may include interactive user engagement tools including, but not limited to, Bulletin Boards, commenting, and chat rooms ("Engagement Tools") which allow feedback to INCT and real-time interaction between users. We do not control the messages, information or files delivered to Engagement Tools, unless otherwise noted therein, and we have no obligation to monitor such Engagement Tools. Use of Engagement Tools is entirely at your own risk. However, we reserve the right at all times to disclose any information arising out of or relating to transmissions through Engagement Tools including without limitation as necessary to satisfy any law, regulation or governmental request, and further reserve the right to edit, refuse to post or to remove any information or materials, in whole or in part, that in our sole discretion are objectionable or in violation of these Terms and Conditions. Engagement Tool communications are not confidential.

It is a condition of your use of the Engagement Tools and this Site that you do not: Restrict or inhibit any other users from using and enjoying the Engagement Tools; Post or transmit any unlawful, threatening, abusive, libelous, defamatory, obscene, vulgar, pornographic, profane or indecent information of any kind, including without limitation any transmission constituting or encouraging conduct that would constitute a criminal offense, give rise to civil liability or otherwise violate any local, provincial, national or foreign law; post or transmit any information, software or other material which violates or infringes upon the rights of others, including material which is an invasion of privacy or publicity rights or which is protected by copyright, trademark or other proprietary right or derivative works with respect thereto, without first obtaining permission from the owner or right holder; Post or transmit any information, software or other material which contains a virus or other harmful component; Post, or transmit or in any way exploit any information, software or other material for commercial purposes or which contains advertising, promotion or marketing. INCT reserves the right to delete any postings deemed inconsistent with its policies.

If you are aware of any such material posted on INCT Site, please contact us at Info@incthr.com. Please provide as much detail as possible, including a copy of the underlying material, the location where INCT may find it, the reason(s) such postings should be removed and a statement, signed under penalty of perjury, certifying the accuracy of the information you provide to us.

19. SECURITY PRECAUTIONS

The services and information provided are protected using industry standard security precautions. It is up to you to fully understand the risks and threats of using the public Internet, and to be sufficiently aware of those risks to adequately protect your confidential information. INCT provides information regarding security and privacy in our Privacy Policy. This document is provided as a guideline only, and it is up to the user to remain current and exercise care when using the Internet. You should seek professional advice on protecting your privacy and evaluating the security of the information systems you are using.

20. JURISDICTION AND APPLICABLE GOVERNING LAW. You agree that the laws of the State of Texas (USA), without regard to principles of conflict of laws, will govern the User Agreement and any claim or dispute that has arisen or may arise between you and INCT, except as otherwise stated in the User Agreement. You agree that the laws of the State of Texas (USA), without regard to principles of conflict of laws, will govern the User Agreement and any claim or dispute that has arisen or may arise between you and INCT, except as otherwise stated in the User Agreement.

21. AGREEMENT TO ARBITRATE 

You and INCT each agree that any and all disputes or claims that have arisen or may arise between you and INCT relating in any way to or arising out of this or previous versions of the User Agreement, your use of or access to INCT's Services, or any products or services sold, offered, or purchased through INCT's Services shall be resolved exclusively through final and binding arbitration, rather than in court, except that you may assert claims in small claims court, if your claims qualify. The Federal Arbitration Act governs the interpretation and enforcement of this Agreement to Arbitrate.

i) Prohibition of Class and Representative Actions and Non-Individualized Relief


YOU AND INCT 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 INCT 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. ALSO, 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). ANY RELIEF AWARDED CANNOT AFFECT OTHER CAE USERS.


ii) Arbitration Procedures


Arbitration uses a neutral arbitrator instead of a judge or jury, and court review of an arbitration award is very limited. An arbitrator should apply the terms of the User Agreement as a court would. The arbitrator, and not any federal, state, or local court or agency, shall have exclusive authority to resolve any dispute arising out of or relating to the interpretation, applicability, enforceability or formation of this Agreement to Arbitrate, any part of it, or of the User Agreement including, but not limited to, any claim that all or any part of the Agreement to Arbitrate or User Agreement is void or voidable.


The arbitration will be conducted by the American Arbitration Association ("AAA") under its rules and procedures, including the AAA's Supplementary Procedures for Consumer-Related Disputes (as applicable), as modified by this Agreement to Arbitrate. The AAA's rules are available at www.adr.org. A form for initiating arbitration proceedings is available on the AAA's site at http://www.adr.org. In addition to filing this form with the AAA in accordance with its rules and procedures, you must send a copy of the completed form to us at the following address to initiate arbitration proceedings: 

Inclusion Therapies LLC

2110 Ranch Road 620 S, # 341225, Lakeway, Texas 78734

USA


The arbitration shall be held in the county in which you reside or at another mutually agreed location. If the value of the relief sought is $10,000 or less, you or INCT may elect to have the arbitration conducted by telephone or based solely on written submissions, which election shall be binding on you and INCT subject to the arbitrator's discretion to require an in-person hearing, if the circumstances warrant. Attendance at an in-person hearing may be made by telephone by you and/or INCT, unless the arbitrator requires otherwise.


The arbitrator will decide the substance of all claims in accordance with the laws of the State of Texas, including recognized principles of equity, and will honor all claims of privilege recognized by law. The arbitrator shall not be bound by rulings in prior arbitrations involving different INCT users, but is bound by rulings in prior arbitrations involving the same INCT user to the extent required by applicable law. The arbitrator's award shall be final and binding and judgment on the award rendered by the arbitrator may be entered in any court having jurisdiction thereof.


iii) Costs of Arbitration


Payment of all filing, administration and arbitrator fees will be governed by the AAA's rules, unless otherwise stated in this Agreement to Arbitrate. If the value of the relief sought is $10,000 or less, at your request, INCT will pay all filing, administration, and arbitrator fees associated with the arbitration. Any request for payment of fees by INCT should be submitted by mail to the AAA along with your Demand for Arbitration and INCT will make arrangements to pay all necessary fees directly to the AAA. If the value of the relief sought is more than $10,000 and you are able to demonstrate that the costs of arbitration will be prohibitive as compared to the costs of litigation, INCT will pay as much of the filing, administration, and arbitrator fees as the arbitrator deems necessary to prevent the arbitration from being cost-prohibitive. In the event the arbitrator determines the claim(s) you assert in the arbitration to be frivolous, you agree to reimburse INCT for all fees associated with the arbitration paid by INCT on your behalf, which you otherwise would be obligated to pay under the AAA's rules.


iv) Severability


With the exception of any of the provisions in Section i of this Agreement to Arbitrate ("Prohibition of Class and Representative Actions and Non-Individualized Relief"), if an arbitrator or court decides that any part of this Agreement to Arbitrate is invalid or unenforceable, the other parts of this Agreement to Arbitrate shall still apply. If an arbitrator or court decides that any of the provisions in Section i of this Agreement to Arbitrate ("Prohibition of Class and Representative Actions and Non-Individualized Relief") is invalid or unenforceable, then the entirety of this Agreement to Arbitrate shall be null and void. The remainder of the Agreement and its Legal Disputes Section will continue to apply.


v) Opt-Out Procedure


IF YOU ARE A NEW INCT USER, YOU CAN CHOOSE TO REJECT THIS AGREEMENT TO ARBITRATE ("OPT-OUT") BY MAILING US A WRITTEN OPT-OUT NOTICE ("OPT-OUT NOTICE"). THE OPT-OUT NOTICE MUST BE POSTMARKED NO LATER THAN 30 DAYS AFTER THE DATE YOU ACCEPT THE USER AGREEMENT FOR THE FIRST TIME. YOU MUST MAIL THE OPT-OUT NOTICE TO:

RE: OPT-OUT NOTICE, 

Inclusion Therapies LLC

2110 Ranch Road 620 S, # 341225, Lakeway, Texas 78734

USA


For your convenience, we are providing an Opt-Out Notice form you must complete and mail to opt out of the Agreement to Arbitrate. You must complete the Opt Out Notice form by providing the information called for in the form, including your name, address (including street address, city, state and zip code), and the email address(es) associated with INCT to which the opt-out applies. You must sign the Opt-Out Notice for it to be effective. This procedure is the only way you can opt-out of the Agreement to Arbitrate. If you opt-out of the Agreement to Arbitrate, all other parts of the Agreement and its Legal Disputes Section will continue to apply to you. Opting out of this Agreement to Arbitrate has no effect on any previous, other, or future arbitration agreements that you may have with us.


———————————————————————————————————-


Inclusion Therapies LLC Opt-Out Notice


I am writing to provide notice that I'm opting out of the Agreement to Arbitrate in the TERMS OF USE AND SERVICE Agreement. Pursuant to the terms of the Agreement to Arbitrate, I'm providing the requested information as follows:


My Name:

My Street Address:

City/Town Where I Reside:

State Where I Reside:

Zip Code:


Phone Number:  

Email address(es):


Signature:

Date:


Please mail the completed form to the following address:


Inclusion Therapies LLC

Attn: Litigation Department

Re: Opt-Out Notice

2110 Ranch Road 620 S, # 341225, Lakeway, Texas 78734

USA


The Opt-Out Notice must be postmarked no later than 30 days after the date you accept the TERMS OF USE AND SERVICE Agreement for the first time. It's your responsibility to mail the Opt-Out Notice by the applicable deadline.

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vi) Future Changes to the Agreement to Arbitrate


Notwithstanding any provision in the Agreement to the contrary, you and we agree that if we make any change to this Agreement to Arbitrate (other than a change to any notice address or site link provided herein) in the future, that change shall not apply to any claim that was filed in a legal proceeding against INCT prior to the effective date of the change. The change shall apply to all other disputes or claims governed by the Agreement to Arbitrate that have arisen or may arise between you and INCT. We will notify you of changes to this Agreement to Arbitrate by posting the amended terms on www.IncThr.com at least 30 days before the effective date of the changes and/or by email. If you do not agree to these amended terms, you may close your account within the 30 day period and you will not be bound by the new terms.


Moreover, if we seek to terminate the Agreement to Arbitrate as included in the User Agreement, any such termination shall not be effective until 30 days after the version of the User Agreement not containing the Agreement to Arbitrate is posted to https://www.incthr.com, and shall not be effective as to any claim that was filed in a legal proceeding against INCT prior to the effective date of termination.


22. JUDICIAL FORUM.

Unless you and we agree otherwise, in the event that the Agreement to Arbitrate above is found not to apply to you or to a particular claim or dispute, either as a result of your decision to opt-out of the Agreement to Arbitrate or as a result of a decision by the arbitrator or a court order, you agree that any claim or dispute that has arisen or may arise between you and INCT must be resolved exclusively by a state or federal court located in Travis County, Texas. You and INCT agree to submit to the personal jurisdiction of the courts located within Travis County, Texas for the purpose of litigating all such claims or disputes.

23. COMPLIANCE WITH INTELLECTUAL PROPERTY LAWS.  You acknowledge that all content and materials available on this Site, including the selection, coordination, arrangement and enhancement of such content as well as content original to it are protected by national and international copyrights, trademarks, service marks, patents, patent registration rights, trade secrets, know-how or other proprietary rights and laws and are owned by INCT or our licensors or INCT has obtained the necessary permission of the owner of the intellectual property in such content to use the content on our Site. Unless otherwise indicated, all logos, names, package designs and marks on the Site are trademarks or service marks of, or used under license by INCT. The use or misuse of any of these materials is strictly prohibited. INCT, our licensors or associates retain exclusive ownership of all data, material and other information regarding your use of the Site.

When accessing the Site or using the Service, you agree to obey the law and to respect the intellectual property rights of others. Your use of the Service and the Site is at all times governed by and subject to laws regarding copyright ownership and use of intellectual property. You agree not to upload, download, display, perform, transmit, or otherwise distribute any information or content (collectively, “Content”) in violation of any third party’s copyrights, trademarks, or other intellectual property or proprietary rights. You agree to abide by laws regarding copyright Ownership and use of intellectual property, and you shall be solely responsible for any violations of any relevant laws and for any infringements of third-party rights caused by any Content you provide or transmit, or that is provided or transmitted using your User ID. The burden of proving that any Content does not violate any laws or third-party rights rests solely with you.

24. COPYRIGHT INFRINGEMENT. INCT has in place certain legally mandated procedures regarding allegations of copyright infringement occurring on the Site or with the Service. Please visit our INCT has in place certain legally mandated procedures regarding allegations of copyright infringement occurring on the Site or with the Service. Please visit our DMCA Policy link at the bottom of the site pages to view our Digital Millennium Copyright Act takedown policies and to make a claim of infringement. Company’s DMCA Policy is expressly incorporated into this Agreement by this reference.link at the bottom of the site pages to view our Digital Millennium Copyright Act takedown policies and to make a claim of infringement. Company’s DMCA Policy is expressly incorporated into this Agreement by this reference.

25. ALLEGED VIOLATIONS. INCT reserves the right to terminate your use of the Service and/or the Site. To ensure that INCT provides a high-quality experience for you and for other users of the Site and the Service, you agree that INCT or its representatives may access your account and records on a case-by-case basis to investigate complaints or allegations of abuse, infringement of third party rights, or other unauthorized uses of the Site or the Service. INCT does not intend to disclose the existence or occurrence of such an investigation unless required by law, but INCT reserves the right to terminate your account or your access to the Site immediately, with or without notice to you, and without liability to you, if INCT believes that you have violated any of the Terms of Use, furnished INCT with false or misleading information, or interfered with use of the Site or the Service by others. 

26. SEVERABILITY; WAIVER; INTEGRATION. If, for whatever reason, a court of competent jurisdiction finds any term or condition in these Terms of Use to be unenforceable, all other terms and conditions will remain unaffected and in full force and effect. No waiver of any breach of any provision of these Terms of Use shall constitute a waiver of any prior, concurrent, or subsequent breach of the same or any other provisions hereof, and no waiver shall be effective unless made in writing and signed by an authorized representative of the waiving party. This Terms of Use and our Privacy Policy constitute the entire agreement between INCT and you with respect to the Site and supersedes all prior or contemporaneous communications and proposals between us with respect to the Site. Headings are for reference purposes only and do not limit the scope or extent of such section. Our failure to act with respect to a breach by you or others does not waive our right to act with respect to subsequent or similar breaches. We do not guarantee we will take action against all breaches of this User Agreement.


27. COPYRIGHT. All contents of Site or Service are: Copyright © 2024 Inclusion Therapies LLC. All rights reserved.

28. AMENDMENTS: ASSIGNMENT. INCT reserves the right to amend these Terms. Should INCT seek to make such an amendment and we, in our sole discretion, consider the amendment to be material in nature, we shall amend this User Agreement at any time by posting the amended terms on this Site. Our right to amend the User Agreement includes the right to modify, add to, or remove terms in the User Agreement. Except as stated otherwise in this User Agreement or elsewhere, all amended terms shall automatically be effective 30 days after they are initially posted. This User Agreement may not otherwise be amended except through mutual agreement by you and an INCT representative who intends to amend this User Agreement and is duly authorized to agree to such an amendment.
The policies posted on our sites may be changed from time to time. Changes take effect when we post them on the Site.
Should a court of competent jurisdiction rule this Amendment provision invalid, then this Amendment clause shall be terminated as part of this agreement with the agreement between us reverting to the previous set of terms applicable to the website. All amendments to the Terms shall be forward looking. If any provision of this User Agreement is held to be invalid, void or for any reason unenforceable, such provision shall be struck out and shall not affect the validity and enforceability of the remaining provisions.  In our sole discretion, we may assign this User Agreement.

29. NO LICENSE; NO FRANCHISE.  Nothing contained on the Site should be understood as granting you a license to use any of the trademarks, service marks, or logos owned by INCT or by any third party. No agency, partnership, joint venture, employee-employer or franchiser-franchisee relationship is intended or created by this User Agreement.


BY SIGNING, THE SIGNATORY IS AGREEING THAT THEY HAVE READ, UNDERSTOOD AND AGREE TO THE ENTIRETY OF THE TERMS STATED HEREIN.