Last modified: January 24, 2022
BODA Therapy, Inc. (“BODA Therapy,” or “we,” “our,” or “us”) respects your privacy, and we are committed to protecting it through our compliance with this policy.
This policy applies to information we collect:
- on our Website;
- in email, text, and other electronic messages between you and our Website;
- when you interact with our advertising on third party websites and services, if such advertising include links to this policy.
It does not apply to information collected by:
- us offline or through any other means, including on any other website operated by BODA Therapy or any third party;
- any third party, including through any content (including advertising) that may link to or be accessible from or on the Website.
Note, BODA Therapy is not a medical group. All professional services are provided through Fremont Road LCSW, PC. Fremont Road LCSW, PC is responsible for providing you with a Notice of Privacy Practices describing its collection and use of your health information, not BODA Therapy. If you do not agree to be bound by those terms, you are not authorized to access or use our Website, and you must promptly exit our Website.
2. Information We Collect About You and How We Collect It
Personal Information You Provide
When you use our Website, BODA Therapy collects information about you. This includes information that identifies you or can be used to identify you (“Personal Data”). You may voluntarily provide certain Personal Data to us in order to use certain features available on the Website. In connection with your use of our Website, we may ask you to provide Personal Data, such as contact information and preferences (e.g., name, email address, and phone number).
Information We Collect Automatically
We also automatically collect certain information, including Personal Data, about you when you interact with our Website. For example, we may use website analytics tools on our Website to retrieve information from your browser, including the website you came from, the search engine and the keywords you used to find our Website, the pages you view within our Website, your browser add-ons, and your browser’s width and height. Additionally, we collect certain standard information that your browser sends to every website you visit, such as your IP address, browser type and language, access times and referring website addresses.
The technologies we use for this automatic data collection may include, among others:
3. How We Use Your Information
We use information that we collect about you or that you provide to us, including any Personal Data:
- to present our Website and its contents to you;
- to provide you with information, or services that you request from us;
- to process and fulfill transactions and orders for services ordered by you;
- BODA to contact you in response to a request;
- to fulfill any other purpose for which you provide it;
- to carry out our obligations and enforce our rights arising from any contracts entered into between you and us, including for billing and collection;
- to notify you about changes to our Website, or any products or services we offer or provide though it;
- in any other way we may describe when you provide the information; and
- for any other purpose with your consent.
With your consent, we may also use your information to contact you about goods and services that may be of interest to you, including through newsletters. If you wish to opt-out of receiving such communications, you may do so at any time by clicking unsubscribe at the bottom of these communications or by contacting us at email@example.com.
4. Disclosure of Your Information
- our third party service providers that we use to support our business;
- to a company we merge, acquire, or that buys us, or in the event of change in structure of our company of any form;
- to comply with our legal obligations;
- to enforce our rights; and
- with your consent.
- to service providers and other third parties we use to support our business. The services provided by these organizations include providing IT and infrastructure support services, and ordering, marketing, and payment processing services;
- to a buyer or other successor in the event of a merger, divestiture, restructuring, reorganization, dissolution, or other sale or transfer of some or all of our assets, whether as a going concern or as part of bankruptcy, liquidation, or similar proceeding, in which Personal Data held by BODA Therapy about our Website users are among the assets transferred;
- to fulfill the purpose for which you provide it. For example, we may disclose your personal information to a provider;
- for any other purpose disclosed by us when you provide the information;
- with your consent.
We may also disclose your Personal Data:
- to comply with any court order, law, or legal process, including to respond to any government or regulatory request;
- to enforce or apply our Terms of Service and other agreements, including for billing and collection purposes; and
- if we believe disclosure is necessary or appropriate to protect the rights, property, or safety of BODA Therapy, our customers, or others. This includes exchanging information with other companies and organizations for the purposes of fraud protection and credit risk reduction.
5. Choices About How We Use and Disclose Your Information
We do not control the collection and use of your information collected by third parties described above in Disclosure of Your Information. These third parties may aggregate the information they collect with information from their other customers for their own purposes.
In addition, we strive to provide you with choices regarding the Personal Data you provide to us. With respect to promotional offers from BODA Therapy, if you do not wish to have your email address used by BODA Therapy to promote our own services, you can opt-out at any time by clicking the unsubscribe link at the bottom of any email or other marketing communications you receive from us or by contacting us at firstname.lastname@example.org. This opt out does not apply to information provided to BODA Therapy as a result of your use of our services.
6. Do Not Track Signals
We currently do not use automated data collection technologies to track you across websites. We currently do not honor do-not-track signals that may be sent by some browsers.
Some web browsers permit you to broadcast a signal to websites and online services indicating a preference that they “do not track” your online activities. At this time, we do not honor such signals.
7. Data Security
Information transmitted over the Internet is not completely secure, but we do our best to protect your Personal Data.
We have implemented measures designed to secure your Personal Data from accidental loss and from unauthorized access, use, alteration, and disclosure. We use encryption technology for information sent and received by us.
Unfortunately, the transmission of information via the Internet is not completely secure. Although we do our best to protect your Personal Data, we cannot guarantee the security of your Personal Data transmitted to our Website. Any transmission of Personal Data is at your own risk. We are not responsible for circumvention of any privacy settings or security measures contained on the Website or in your operating system.
8. Children Under the Age of 13
Our Website is not directed to children under the age of 13. BODA Therapy does not knowingly collect Personal Data from children under the age of 13 through our Website. If we learn that we have collected Personal Data directly from a child under the age of 13 through the Website, we will delete that information. If you believe we might have any information from a child under 13, please contact us at email@example.com.
10. Contact Information
You may contact us through the contact information below.
How to Contact Us:
Attn: BODA Therapy
PO BOX 169
Tannersville, NY 12485
a new approach to therapy
Terms of Service
Last revised January 24, 2022
1. Privacy Practices
2. No Medical Care or Advice on the Website
BODA Therapy does not provide medical or psychological advice or care. BODA Therapy contracts with Fremont Road, an independent, clinician-owned medical group located in Tannersville, NY who provide clinical services. Providers are not contracted or employed by BODA Therapy. The Providers, and not BODA Therapy, are responsible for the quality and appropriateness of the care they render to you.
The Providers are independent of BODA Therapy and their services are merely being advertised on the Website. Any information or advice received from a Provider comes from them alone, and not from BODA Therapy. Any interactions with the Providers are not intended to take the place of your relationship with your regular health care practitioners or primary care physician. Neither BODA Therapy, nor any of its subsidiaries or affiliates or any third party who may promote the Website or Service or provide a link to the Service, shall be liable for any professional advice obtained from a Provider via the Website or Service, nor any information obtained on the Website. BODA Therapy does not recommend or endorse any specific tests, medications, products, treatments, therapies, or procedures. You acknowledge that your reliance on any Providers or information delivered by the Providers via the Website or Service is solely at your own risk and you assume full responsibility for all risks associated herewith.
BODA Therapy does not make any representations or warranties about the training or skill of any Providers who deliver services via the Website or Service. You are ultimately responsible for choosing to receive the services from any Provider made available to you through the Website.
The content of the Website and the Services, including without limitation, text, copy, audio, video, photographs, illustrations, graphics, and other visuals, is for informational purposes only and does not constitute professional medical or psychological advice, diagnosis, treatment, or recommendations of any kind by BODA Therapy. You may always seek the advice of your qualified health care professionals with any questions or concerns you may have regarding your individual needs and any medical conditions. All information provided by BODA Therapy is intended to be for general information purposes only, and is in no way intended to create a provider-patient relationship as defined by state or federal law. While BODA Therapy advertises the services of Providers, BODA Therapy does not provide medical or psychological services, and the provider-patient relationship is between you and the Fremont Road Provider you select (not BODA Therapy).
Not for Emergencies
IF YOU ARE EXPERIENCING A MEDICAL EMERGENCY, YOU SHOULD DIAL “911” IMMEDIATELY.
BODA Therapy’s Website and Services are not for medical emergencies or urgent situations. You should not disregard or delay to seek medical advice based on anything that appears or does not appear on the Website. If you believe you have an emergency, call 9-1-1 immediately. If you are experiencing suicidal or self-harm thoughts or tendencies, you should immediately call the National Suicide Hotline at 1-800-273-8255.
You should seek emergency help or follow up care when recommended by a Provider or when otherwise needed. You should continue to consult with your primary provider and other healthcare professionals as recommended. Always seek the advice of a physician or other qualified healthcare provider concerning questions you have regarding a medical condition and before stopping, starting, or modifying any treatment or modification.
Not an Insurance Product
BODA Therapy is not an insurer. The Services are not insurance products, and the amounts you pay to BODA Therapy or the Providers are not insurance premiums.
3. Availability of Services
BODA Therapy and the Providers operate subject to state and federal regulations, and the Services may not be available in your state. You represent that you are not a person barred from enrolling for and/or receiving the Services under the laws of the United States or other applicable jurisdictions in which you may be located. Access to and use of the Website and/or the Services is limited exclusively to users located in States within the United States where the Services are available. Services are not available to users located outside the United States. Accessing the Services from jurisdictions where content is illegal, or where we do not offer Services, is prohibited.
4. Ordering and Purchasing of Services or Products
Order Acceptance and Shipment
Currently, BODA Therapy does not offer Products for sale. However, BODA Therapy may, in the future, offer such Products. To the extent BODA Therapy will make Products available for purchase, the following terms will apply: Your placement of an order does not necessarily ensure that we will accept your order. We may require additional information regarding your order if you have not provided all the information required by us to completed. Once a properly completed order and authorization of your form of payment is received, we will process your order and Product for shipment. If, for some reason, we determined that we cannot ship your Product(s) within thirty (30) days following our receipt of a properly completed order, we will cancel your order and advise you of such action. We do not accept orders from dealers, wholesalers, or other customers who intend to resell items offered on our Website.
Typographical Errors and Incorrect Pricing
In the event a Product or Service is listed at an incorrect price due to typographical error or error in pricing information received from a third party, we shall have the right to refuse or cancel any orders placed for the Products and/or Service(s) listed at the incorrect price. We shall have the right to refuse or cancel any such orders whether or not the order has been confirmed and your credit or debit card charged. If your credit or debit card has already been charged for the purchase and your order is canceled, we will promptly issue a credit to your credit or debit card account in the amount of the charge.
Risk of Loss
All Products purchased from our Website are delivered to shipment carriers. The risk of loss and title for such Products pass to you when they are delivered to the carrier.
5. Eligibility; Website Access, Security and Restrictions; Passwords
You may not use any scraper, crawler, spider, robot, or other automated means of any kind to access or copy data on the Website, deep-link to any feature or content on the Website, bypass our robot exclusion headers or other measures we may use to prevent or restrict access to the Website. Violations of system or network security may result in civil or criminal liability. BODA Therapy will investigate occurrences that may involve such violations and may involve, and cooperate with, law enforcement authorities in prosecuting users who are involved in such violations. You agree not to use any device, software, or routine to interfere or attempt to interfere with the proper working of this Website or any activity being conducted on this Website.
6. Electronic Communications
When you use the Website or Services, or send e-mails, messages, and other communications from your desktop or mobile device to us, you are communicating with us electronically. You consent to receive communications from us electronically. You agree that (a) all agreements and consents can be signed electronically and (b) all notices, disclosures, and other communications that we provide to you electronically satisfy any legal requirement that such notices and other communications be in writing.
Consent to Receive Calls and Text Messages and Video Recording
By providing your mobile number, you are agreeing to be contacted by or on behalf of BODA Therapy at the mobile number you have provided. Currently, BODA Therapy does not call or text individuals who visit the Website or use the Services unless requested. To the extent BODA Therapy contacts such individuals in the future for other purposes, including calls and text messages regarding informational, Product or Service related (e.g., progress tracking, reminders, etc.) and communications relating to the Website and Services, we will include instructions for opting out of such communications.
7. Ownership of The Website and Related Materials; Additional Restrictions
All pages within this Website and any material made available for download are the property of BODA Therapy, or its licensors or suppliers, as applicable. The Website is protected by United States and international copyright and trademark laws.
You may provide suggestions, comments or other feedback (collectively, “Feedback”) to BODA Therapy with respect to its products and services, including the Services. Feedback is voluntary. BODA Therapy may use Feedback for any purpose without obligation of any kind. To the extent a license is required under your intellectual property rights to make use of the Feedback, you grant BODA Therapy an irrevocable, non-exclusive, perpetual, fully-paid-up, royalty-free license to use the Feedback in connection with BODA Therapy’s business, including the enhancement of the Services.
8. Accuracy of Information; Functionality
Although BODA Therapy attempts to ensure the integrity and accurateness of the Website and Service descriptions, it makes no representations, warranties or guarantees whatsoever as to the correctness or accuracy of the Website, Service descriptions and other content on the Website. It is possible that the Website could include typographical errors, inaccuracies or other errors, and that unauthorized additions, deletions and alterations could be made to the Website by third parties. In the event that an inaccuracy arises, please inform BODA Therapy at firstname.lastname@example.org so that it can be corrected. Information contained on the Website may be changed or updated without notice. Additionally, BODA Therapy shall have no responsibility or liability for information or content posted to the Website from any non-BODA Therapy affiliated third party.
BODA Therapy and the Providers each reserves complete and sole discretion with respect to the operation of the Website and the Services. We may withdraw, suspend, or discontinue any functionality or feature of the Website or the Services among other things. We are not responsible for transmission errors, corruption, or compromise of information carried over local or interchange telecommunications carrier. We are not responsible for maintaining information arising from use of the Website or with respect to the Services. We reserve the right to maintain, delete, or destroy all communications or information posted or uploaded to the Website or the Services in accordance with our internal record retention and/or destruction policies.
9. Links to Other Websites
BODA Therapy makes no representations whatsoever about any other website that you may access through this Website. The content of the Website is provided for informational purposes only, and no such information should be interpreted as a recommendation or endorsement. When you access a non-BODA Therapy site, please understand that it is independent from BODA Therapy, and that BODA Therapy has no control over the content on that website. In addition, a link to a non-BODA Therapy website does not mean that BODA Therapy endorses or accepts any responsibility for the content, or the use, of the linked site. It is up to you to take precautions to ensure that whatever you select for your use or download is free of such items as viruses, worms, Trojan horses, and other items of a destructive nature. If you decide to access any of the third party sites linked to this Website, you do this entirely at your own risk.
10. User Information
If you submit, upload, post or transmit any personal information, consent forms, agreements, requests, comments, ideas, suggestions, information, files, videos, images or other materials to us or our Website (“User Information”), you agree not to provide any User Information that (1) is false, inaccurate, defamatory, abusive, libelous, unlawful, obscene, threatening, harassing, fraudulent, pornographic, or harmful, or that could encourage criminal or unethical behavior, (2) violates or infringes the privacy, copyright, trademark, trade dress, trade secrets or intellectual property rights of any person or entity, or (3) contains or transmits a virus or any other harmful component. You agree not to contact other site users through unsolicited e-mail, telephone calls, mailings or any other method of communication. You represent and warrant to BODA Therapy and the Providers that you have the legal right and authorization to provide all User Information to BODA Therapy and the Providers for use as set forth herein and required by BODA Therapy and the Providers.
BODA Therapy and the Providers may de-identify your information such that it is no longer considered protected health information or personally identifiable information. BODA Therapy and the Providers may disclose, aggregate, sell, or otherwise use such de-identified information to third parties for analytics, research, or other purposes.
You agree not to (i) access the Website or use the Services in any unlawful way or for any unlawful purpose; (ii) post or transmit (a) a message under a false name, or (b) any data, materials, content, or information (including, without limitation, advice, and recommendations) (collectively “Information”) which is (1) libelous, defamatory, obscene, fraudulent, false, or contrary to the ownership or intellectual property rights of any other person, or (2) contains or promotes any virus, worm, Trojan horse, time bomb, malware, or other computer programing or code that is designed or intended to damage, destroy, intercept, download, interfere, manipulate, or otherwise interrupt or expropriate the Website or the Services, personal information, software, equipment, servers, or Information or facilitate or promote hacking or similar conduct; (iii) impersonate or misrepresent your identity or falsely state or misrepresent your affiliation with a person or entity; (iv) tamper, hack, spoof, copy, modify, or otherwise corrupt the administration, security, or proper function of the Website or the Services; (v) use robots or scripts with the Website; (vi) attempt to reverse engine, reverse assemble, reverse compile, decompile, disassemble, translate, or otherwise alter, defraud, or create false results from any executable code, information on, or received by this Website; (vii) to have any antivirus or antispyware software running that is set to override the internet browser’s cookies setting; (viii) incorrectly identify the sender of any message transmitted to BODA Therapy. You may not alter the attribution or origin of electronic mail, messages, or posting; (ix) harvest or collect personal information about any other individual who uses the Website or the Services; and (x) infringe or facilitate infringement on any copyright, patent, trademark, trade secret, or other proprietary, publicity, or privacy rights of any party, including such rights of third parties. You agree to defend, indemnify, and hold harmless BODA Therapy and the Providers from and against all third party claims, damages, and expenses (including reasonable attorneys’ fees) against or incurred by us arising out of any User Information you upload to or transmit through the Website.
11. Claims of Copyright Infringement
We disclaim any responsibility or liability for copyrighted materials posted on our site. If you believe that your work has been copied in a manner that constitutes copyright infringement, please follow the procedures set forth below.
BODA Therapy respects the intellectual property rights of others and expects its users to do the same. In accordance with the Digital Millennium Copyright Act ("DMCA"), we will respond promptly to notices of alleged infringement that are reported to BODA Therapy’s Designated Copyright Agent, identified below.
Notices of Alleged Infringement for Content Made Available on the Website
If you are a copyright owner, authorized to act on behalf of one, or authorized to act under any exclusive right under copyright, please report alleged copyright infringements taking place on or through our Website by sending us a notice ("Copyright Notice") complying with the following requirements.
1. Identify the copyrighted works that you claim have been infringed. 2. Identify the material or link you claim is infringing (or the subject of infringing activity) and that access to which is to be disabled, including at a minimum, if applicable, the URL of the link shown on the Website where such material may be found. 3. Provide your mailing address, telephone number, and, if available, email address. 4. Include both of the following statements in the body of the Copyright Notice: "I hereby state that I have a good faith belief that the disputed use of the copyrighted material is not authorized by the copyright owner, its agent, or the law (e.g., as a fair use)." "I hereby state that the information in this Copyright Notice is accurate and, under penalty of perjury, that I am the owner, or authorized to act on behalf of the owner, of the copyright or of an exclusive right under the copyright that is allegedly infringed." 5. Provide your full legal name and your electronic or physical signature. Deliver this Notice, with all items completed, to our Copyright Agent: Andrew Tepper: PO BOX 169, Tannersville, NY 12485
12. Intellectual Property
With the exception of your electronic medical or treatment record, BODA Therapy and the Providers, as applicable, retain all right, title, and interest in and to the Website, the Services and any information, products, documentation, software, or other materials on the Website, and any patent, copyright, trade secret, trademark, service mark, or other intellectual property, or proprietary right in any of the foregoing, except for information on the Website licensed by BODA Therapy and the Providers (in that case, the license provider retains all right, title, and interest therein). The information available through the Website and the Services is the property of BODA Therapy and the Providers, as applicable. You agree not to store, copy, modify, reproduce, retransmit, distribute, disseminate, rent, lease, loan, sell, publish, broadcast, display, or circulate such information to anyone. Use, reproduction, copying, or redistribution of BODA Therapy’s and the Providers’ trademarks, service marks, and logos are strictly prohibited without the prior written permission of BODA Therapy and the Providers, as applicable. The immediately foregoing sentence also applies to any third party trademarks, service marks, and logos posted on the Website. Nothing contained on the Website should be construed as granting, by implication, estoppel, waiver or otherwise, any license or right to use any trademarks, service marks, or logos displayed on the Website without the written grant thereof by BODA Therapy, the Providers or the third party owner of such trademarks, service marks, and/or logos. The Website may contain other proprietary notices and copyright information, the terms of which you agree to follow.
BODA Therapy may delete any information provided by you that it deems in its sole discretion fraudulent, abusive, defamatory, obscene, or in violation of copyright, trademark, or other intellectual property or ownership right of any other person or entity.
13. CAN-SPAM Act and Telephone Consumer Protection Act Compliance
BODA Therapy and the Providers are committed to being compliant with the Controlling the Assault of Non-Solicited Pornography and Marketing Act (“CAM-SPAM ACT”) and the Telephone Consumer Protection Act (“TCPA”). You consent to receive text messages from us as set forth in Section 6 above. Emails, newsletters, and text messages received from us are intended to fully comply with the CAM-SPAM ACT and the TCPA. In the event you receive an email or text message from us which you do not believe is fully compliant with the CAN-SPAM ACT or the TCPA, please contact us immediately at email@example.com.
You shall not use or permit any of your employees, agents, or affiliates to market, promote, or solicit BODA Therapy products or services in ways that would violate the CAN-SPAM ACT, the TCPA or any other laws. You shall not infringe on the rights of others; distribute chain letters or unsolicited bulk electronic mail (“spamming”); propagate computer worms or viruses; use a false identity; attempt to gain unauthorized entry to any site or network; or infringe copyrights, trademarks, or other intellectual property rights.
You further agree to comply with U.S. export laws concerning the transmission of technical data and regulated materials via the Internet.
14. Disclaimer of Warranties
BODA THERAPY DOES NOT WARRANT THAT ACCESS TO OR USE OF THE WEBSITE WILL BE UNINTERRUPTED OR ERROR-FREE OR THAT DEFECTS IN THE WEBSITE WILL BE CORRECTED. THIS WEBSITE, INCLUDING ANY CONTENT OR INFORMATION CONTAINED WITHIN IT OR ANY WEBSITE-RELATED SERVICE, IS PROVIDED "AS IS," WITH ALL FAULTS, WITH NO REPRESENTATIONS OR WARRANTIES OF ANY KIND, EITHER EXPRESSED OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, THE IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, QUALITY OF INFORMATION, QUIET ENJOYMENT, AND TITLE/NON-INFRINGEMENT. BODA THERAPY DOES NOT WARRANT THE ACCURACY, COMPLETENESS, OR TIMELINESS OF THE INFORMATION OBTAINED THROUGH THE SITE. YOU ASSUME TOTAL RESPONSIBILITY AND RISK FOR YOUR USE OF THIS WEBSITE, WEBSITE-RELATED SERVICES, AND LINKED WEBSITES. BODA THERAPY DOES NOT WARRANT THAT FILES AVAILABLE FOR DOWNLOAD WILL BE FREE OF VIRUSES, WORMS, TROJAN HORSES, OR OTHER DESTRUCTIVE PROGRAMMING. YOU ARE RESPONSIBLE FOR IMPLEMENTING PROCEDURES SUFFICIENT TO SATISFY YOUR NEEDS FOR DATA BACK UP AND SECURITY.
WARRANTIES RELATING TO PRODUCTS OR SERVICES OFFERED, SOLD, AND DISTRIBUTED BY BODA THERAPY ARE SUBJECT TO SEPARATE WARRANTY TERMS AND CONDITIONS, IF ANY, PROVIDED BY BODA THERAPY OR THIRD PARTIES WITH OR IN CONNECTION WITH THE APPLICABLE PRODUCTS OR SERVICES. BODA THERAPY DOES NOT GUARANTEE THAT THROUGH USE OF OUR SERVICES ANY PRESCRIPTIONS WILL BE WRITTEN FOR YOU. FREMONT ROAD PROVIDERS DO NOT PRESCRIBE DEA CONTROLLED SUBSTANCES, SUCH AS THOSE CONTAINING OPIOIDS OR AMPHETAMINES. YOU ACKNOWLEDGE AND UNDERSTAND THAT THE USE OR MISUSE OF THE PRODUCTS OBTAINED THROUGH OUR WEBSITE MAY RESULT IN UNDESIRABLE OR UNEXPECTED CONSEQUENCES. BODA THERAPY DOES NOT ACCEPT ANY LIABILITY FOR THE CONSEQUENCES ARISING FROM THE APPLICATION, USE, OR MISUSE OF ANY PRODUCTS OR SERVICES CONTAINED ON OR MADE AVAILABLE THROUGH THE SERVICE, INCLUDING ANY INJURY OR DAMAGE TO ANY PERSON OR PROPERTY AS A MATTER OF NEGLIGENCE, OR OTHERWISE, INCLUDING YOUR FAILURE TO COMPLY WITH ANY WARNING LABELS ATTACHED TO THE PRODUCTS.
15. Limitation of Liability Regarding Use of Website
EXCEPT AS PROVIDED BY LAW, AND WITHOUT LIMITATION:
BODA THERAPY SHALL NOT BE LIABLE FOR THE ACTS OR OMISSIONS OF FREMONT ROAD OR THE PROVIDERS. BODA THERAPY AND ANY THIRD PARTIES MENTIONED ON THIS WEBSITE ARE NEITHER RESPONSIBLE NOR LIABLE FOR ANY DIRECT, INDIRECT, INCIDENTAL, CONSEQUENTIAL, SPECIAL, EXEMPLARY, PUNITIVE, OR OTHER DAMAGES WHATSOEVER (INCLUDING, WITHOUT LIMITATION, THOSE RESULTING FROM LOST PROFITS, LOST DATA, OR BUSINESS INTERRUPTION) ARISING OUT OF OR RELATING IN ANY WAY TO THE WEBSITE, WEBSITE-RELATED SERVICES, CONTENT OR INFORMATION CONTAINED WITHIN THE WEBSITE, AND/OR ANY LINKED WEBSITE, WHETHER BASED ON WARRANTY, CONTRACT, TORT, OR ANY OTHER LEGAL THEORY AND WHETHER OR NOT ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. YOUR SOLE REMEDY FOR DISSATISFACTION WITH THE WEBSITE, WEBSITE-RELATED SERVICES, AND/OR LINKED WEBSITES IS TO STOP USING THE WEBSITE AND/OR THOSE SERVICES. TO THE EXTENT ANY ASPECTS OF THE FOREGOING LIMITATIONS OF LIABILITY ARE NOT ENFORCEABLE, THE MAXIMUM LIABILITY OF BODA THERAPY TO YOU WITH RESPECT TO YOUR USE OF THIS WEBSITE IS $500 (FIVE HUNDRED DOLLARS). YOU HEREBY AGREE TO WAIVE, TO THE FULLEST EXTENT PERMITTED BY LAW, ALL LAWS THAT LIMIT THE EFFICACY OF SUCH INDEMNIFICATIONS OR RELEASES.
16. No Third Party Rights
18. Dispute Resolution; Arbitration Agreement
We will try to work in good faith to resolve any issue you have with the Website, including Services ordered or purchased through the Website, if you bring that issue to our attention. However, we realize that there may be rare cases where we may not be able to resolve an issue to a customer's satisfaction.
YOU AND BODA THERAPY AGREE THAT EACH MAY BRING CLAIMS AGAINST THE OTHER ONLY IN YOUR OR ITS INDIVIDUAL CAPACITY, AND NOT AS A PLAINTIFF OR CLASS MEMBER IN ANY PURPORTED CLASS OR REPRESENTATIVE PROCEEDING. Further, unless both you and BODA Therapy agree otherwise, the arbitrator may not consolidate more than one person's claims with your claims, and may not otherwise preside over any form of a representative or class proceeding. The arbitrator may award declaratory or injunctive relief only in favor of the individual party seeking relief and only to the extent necessary to provide relief warranted by that party's individual claim.
19. Force Majeure
21. Revisions; General
How to Contact Us:
Attn: BODA Therapy
PO BOX 169
Tannersville, NY 12485