How We Collect and Use Information.
We may collect and store personal or other information that you voluntarily supply to us online while using the site (e.g., while on the site or in responding via email to a feature provided on the site). rxforthesoul.com only contacts individuals who specifically request that we do so or in the event that they have signed up to receive our messaging, attended one of our events, or have purchased one of our products. rxforthesoul.com collects personally identifying information from our users during online registration and online purchasing. Generally, this information includes name and email address for registration or opt-in purposes and name, postal address, and credit card information when registering for our events or purchasing our products. All of this information is provided to us by you.
We also collect and store information that is generated automatically as you navigate online through the site. For example, we may collect information about your computer’s connection to the Internet, which allows us, among other things, to improve the delivery of our web pages to you and to measure traffic on the site. We also may use a standard feature found in browser software called a “cookie” to enhance your experience with the site. Cookies are small files that your web browser places on your hard drive for record-keeping purposes. By showing how and when visitors use the site, cookies help us deliver advertisements, identify how many unique users visit us, and track user trends and patterns. They also prevent you from having to re-enter your preferences on certain areas of the site where you may have entered preference information before.
We use the information we collect from you while you are using the site in a variety of ways, including using the information to customize features; advertising that appear on the site; and, making other offers available to you via email, direct mail or otherwise. We also may provide yourinformationtothirdparties,suchasserviceproviders,contractors,third-partypublishers,and advertisers for a variety of purposes. Unless you inform us in accordance with the process described below, we reserve the right to use, and to disclose to third parties, all of theinformation collectedfromand aboutyouwhileyouareusingthesiteinanywayandforanypurpose,suchas to enable us or a third party to provide you with information about products and services. If you do not wish your information to be used for these purposes, you must send a letter to: Attention Dr. Annette Childs, Ph.D., whose address is listed on the Contact Us page, requesting to be taken off any lists of information that may be used for these purposes or that may be given or sold to third-parties.
Please keep in mind that whenever you voluntarily make your personal information available for viewing by third parties online – for example on message boards, web logs, through email, or in chat areas – that information can be seen, collected and used by others besides us. We cannot be responsible for any unauthorized third-party use of such information.
Be aware that we may occasionally release information about our visitors when release is appropriatetocomplywithlawortoprotecttherights,propertyorsafetyofusersofthesiteorthe public.
We hope you enjoy the rxforthesoul.com website!
Terms of Service:
TERMS AND CONDITIONS OF USE
RIGHTSTORESOLVEADISPUTEWITHONECANDLE.Accessingthissite,inanymanner, whether automated or otherwise, constitutes use of the site and your agreement to be bound by these Terms ofUse.
THIS SITE OFFERS HEALTH, GRIEF AND GENERAL WELLNESS INFORMATION AND IS DESIGNED FOR EDUCATIONAL AND INFORMATIONAL PURPOSES ONLY. YOU SHOULD NOT RELY ON THIS INFORMATION AS A SUBSTITUE FOR, NOR DOES IT REPLACE, PROFESSIONAL THERAPEUTIC, PSYCHOLOGICAL, PSYCHIATRIC OR MEDICAL ADVICE, DIAGNOSIS, OR TREATMENT. IF YOU HAVE ANY CONCERNS OR QUESTIONS ABOUT YOUR HEALTH, YOU SHOULD ALWAYS CONSULT WITH A PROFESSIONAL LICENSED THERAPIST, PHYSICIAN, OR OTHER HEALTH-CARE PROFESSIONAL. DO NOT DISREGARD, AVOID OR DELAY OBTAINING THERAPEUTIC OR MEDICAL RELATED ADVICE FROM YOUR HEALTH-CARE PROFESSIONAL BECAUSE OF SOMETHING YOU MAY HAVE READ ON THIS SITE. THE USE OF ANY INFORMATION PROVIDED ON THIS SITE IS SOLELY AT YOUR OWN RISK.
NOTHING STATED, POSTED, OR CONTAINED WITHIN THIS SITE, BLOG, PRODUCT ORSERVICEISINTENDEDTOBE,ANDMUSTNOTBETAKENTOBE,THEPRACTICE OF THERAPY OR MEDICINE. FOR PURPOSES OF THIS AGREEMENT, THE PRACTICE OF THERAPY AND MEDICINE INCLUDES WITHOUT LIMITATION, PSYCHIATRY, PSYCHOLOGY, PSYCHOTHERAPY, OR PROVIDING HEALTH CARETREATMENT, INSTRUCTIONS, DIAGNOSIS, PROGNOSIS ORADVICE.
THE USE OF THIS SITE DOES NOT IMPLY NOR ESTABLISH ANY TYPE OF DOCTOR/PATIENT RELATIONSHIP. THIS SITE IS NOT RESPONSIBLE FOR ANY MISREPRESENTATION OF THE INFORMATION PROVIDED WITHIN THIS WEBSITE OR ANY CONSEQUENCES RESULTING FROM THE USE OF THIS WEBSITE.
IF YOU THINK YOU HAVE A MEDICAL EMERGENCY, CALL YOUR DOCTOR OR 911 IMMEDIATELY.
Furthermore, One Candle does not recommend or endorse any specific therapists, psychologists, psychiatrists, physicians, products, procedures, opinions, or other information that may be mentioned on the site. Reliance on any information provided by One Candle, One Candle employees,othersappearingonthesiteattheinvitationofOneCandle,orothervisitorstothesite is solely at your own risk. Never disregard professional therapeutic, psychological, or medical advice or delay in seeking it because of something you have read on thissite.
This website includes links to other websites for informational and reference purposes only. This website does not endorse, warrant or guarantee the products, services or information described or offered at these other websites. Examine the content carefully.
2. DR. ANNETTE CHILDS’ SOCIAL MEDIA POLICY FOR THISWEBSITE.
Thiswebsiteisforeducationalandinformationalpurposesonlyandassuchisopenandaccessible to the public. Dr. Childs, through this site, publishes a blog, publishes or posts articles, content, media, and provides interactive features and programs. As a licensed psychotherapist, aclient’s privacy and confidentiality are of paramount concern to Dr. Childs. She is committed professionally, ethically, and personally to maintaining her clients’confidentiality.
Former and Existing Clients. If you are a former or current client of Dr. Childs, you arewelcome to view, read, and share the content on this website. There is certainly no expectation that you do so. Prior to using this website, it is advisable to speak with Dr. Childs beforehand to not only protect doctor-patient confidentiality but the boundaries of your therapeutic relationship. If you choosetofollowDr.Childsonthissite,beadvisedthatdoingsowithaneasilyrecognizablename could compromise your confidentiality. There are more anonymous and private methods to use thissitewithoutjeopardizingyourconfidentiality.Itisyourdiscretionhowyouuseandparticipate on this website. Please note that Dr. Childs does not follow any of her former or existing clients on blogs, twitter, message boards or forums, or on any social media. This is to protect client confidentiality and your therapeuticrelationship.
Interaction with Clients Through this Website or Social Media. Dr. Childs does not accept friend orcontactrequestsfromformerorcurrent clientsonanysocialmediaincludingthissiteasitmay compromise your confidentiality and privacy. Please do not contact Dr. Childs via email, bulletin ormessageboards,weblogs,chatrooms,orthroughothermeansprovided bythissiteaboutyour therapy as these means are not secure and confidential. Furthermore, Dr. Childs does not always review nor see these messages and media. DR. CHILDS IS PROFESSIONALLY AND ETHICALL PROHIBITED FROM COMMUNICATING WITH A CLIENT ABOUT THEIR THERAPY BY MEANS OTHER THAN IN-PERSON, THERAPEUTIC SESSIONS.ALL
COMMUNICATIONS REGARDING YOUR THERAPY SHOULD AND MUST BE RESERVEDFORTHERAPYSESSIONS.NONEOFTHEINFORMATIONCONTAINEDON THIS SITE, WHETHER CONTAINED ON A MESSAGE BOARD, BLOG, WEB LOG, CHAT ROOMORINANYOTHERFORM,SHOULDBEMISCONSTRUEDASAREFERENCETO OR THERAPEUTIC ADVICE TO ANY FORMER OR CURRENT CLIENT. IF YOU HAVE ANY QUESTIONS ABOUT THESE POLICIES, PLEASE RAISE THEM WHEN YOU MEET WITH DR. CHILDS. IF YOU NEED TO CONTACT DR. CHILDS BETWEEN SESSIONS THEN CONTACT HER BY TELEPHONE.
If you have any questions or concerns about any of these policies and procedures or regarding potential interactions on this site, please bring them to Dr. Childs’ attention during your therapy session.
3. LIMITED LICENSE TO USEMATERIALS.
Title to the materials remains with Dr. Annette Childs, One Candle or its licensors. Any use of thematerialsnotexpresslypermittedbytheseTermsofUseisabreachoftheseTermsofUseand may violate copyright, trademark, and other laws. Content and features are subject to change or termination without notice in the editorial discretion of Dr. Annette Childs, and One Candle. All rights not expressly granted herein are reserved to Dr. Annette Childs, One Candle, and its licensors.
4. USER CONTENT AND SUBMISSIONS.
By posting or submitting any material (including, without limitation, comments, blog entries, Facebook postings, photos and videos) to us via the site, internet groups, social media venues, or to any of our staff via email, text or otherwise, you are representing: (i) that you are the owner of
the material, or are making your posting or submission with the express consent of the owner of the material; and (ii) that you are eighteen years of age or older. In addition, when you submit, email, text or deliver or post any material, you are granting us, and anyone authorized by us, a royalty-free, perpetual, irrevocable, non-exclusive, unrestricted, worldwide license to use, copy, modify,transmit,sell,exploit,createderivativeworksfrom,distribute,and/orpubliclyperformor display such material, in whole or in part, in any manner or medium, now known or hereafter developed, for any purpose. The foregoing grant shall include the right to exploit any proprietary rights in such posting or submission, including, but not limited to, rights undercopyright, trademark, service mark or patent laws under any relevant jurisdiction. Also, in connection with the exercise of such rights, you grant us, and anyone authorized by us, the right to identify you as the author of any of your postings or submissions by name, email address or screen name, as we deemappropriate.
Inyouuseapublicareasuchasbulletinormessageboards,blogs,weblogs,chatrooms,anduser reviews, you are solely responsible for your own communications, the consequences of posting those communications, and your reliance on any communications found in the publicareas.
5. INTERACTIVE FEATURES.
This site may include a variety of features, such as bulletin or message boards, web logs, chat rooms, and email services, which allow feedback to us and real-time interaction between users, andotherfeatureswhichallowuserstocommunicatewithothers.Responsibilityforwhatisposted onbulletinboards,weblogs,chatrooms,andotherpublicpostingareasonthesite,orsentviaany emailservicesonthesite,lieswitheachuser–youaloneareresponsibleforthematerialyoupost or send. We do not control the messages, information or files that you or others may provide through the site. It is a condition of your use of the site that you donot:
i. Restrict or inhibit any other user from using and enjoying thesite.
ii. Use the site to impersonate any person or entity, or falsely state or otherwise misrepresent your affiliation with a person or entity.
iii. Interfere with or disrupt any servers or networks used to provide the site or its features, or disobey any requirements, procedures, policies or regulations of the networks we use to provide thesite.
iv. Use the site to instigate or encourage others to commit illegal activities or cause injury or property damage to anyperson.
v. Gain unauthorized access to the site, or any account, computer system, or network connected to this site, by means such as hacking, password mining or other illicit means.
vi. Obtain or attempt to obtain any materials or information through any means not intentionally made available through thissite.
vii. Use the site to post or transmit any unlawful, threatening, abusive, libelous, defamatory,obscene,vulgar,pornographic,profaneorindecentinformationofany kind,includingwithoutlimitationanytransmissionsconstitutingorencouraging
conduct that would constitute a criminal offense, give rise to civil liability or otherwise violate any local, state, national or international law.
viii. Use the site to post or transmit any information, software or other material that violatesorinfringesupontherightsofothers,includingmaterialthatisaninvasion of privacy or publicity rights or that is protected by copyright, trademark or other proprietary right, or derivative works with respect thereto, without first obtaining permission from the owner or rightsholder.
ix. Use the site to post or transmit any information, software or other material that contains a virus or other harmfulcomponent.
x. Use the site to post, transmit or in any way exploit any information, software or other material for commercial purposes, or that containsadvertising.
xi. Use the site to advertise or solicit to anyone to buy or sell products or services, or to make donations of any kind, without our express writtenapproval.
xii. Gather for marketing purposes any email addresses or other personal information that has been posted by other users of thesite.
One Candle or its licensors have no liability or responsibility to users of the rxforthesoul.com site oranyotherpersonorentityforperformanceornon-performanceoftheaforementionedactivities.
One Candle may host message boards, chats and other public forums on its sites. Any userfailing to comply with the terms and conditions of this Agreement may be expelled from and refused continuedaccessto,themessageboards,chatsorotherpublicforumsinthefuture. OneCandleor its designated agents may remove or alter any user-created content at any time for any reason. Messageboards,chatsandotherpublicforumsareintendedtoserveasdiscussioncentersforusers and subscribers. Information and content posted within these public forums may be provided by One Candle staff, One Candle’s outside contributors, or by users not connected with One Candle, some of whom may employ anonymous user names. One Candle expressly disclaims all responsibility and endorsement and makes no representation as to the validity of any opinion, advice, information or statement made or displayed in these forums by third parties, nor are we responsible for any errors or omissions in such postings, or for hyperlinks embedded in any messages.Undernocircumstanceswillwe,ouraffiliates,suppliersoragentsbeliableforanyloss or damage caused by your reliance on information obtained through these forums. The opinions expressedintheseforumsaresolelytheopinionsoftheparticipants,anddonotreflecttheopinions of One Candle or any of its subsidiaries oraffiliates.
OneCandlehasnoobligationwhatsoevertomonitoranyofthecontentorpostingsonthemessage boards, chat rooms or other public forums on the site. However, you acknowledge and agree that we have the absolute right to monitor the same at our sole discretion. In addition, we reserve the right to alter, edit, refuse to post or remove any postings or content, in whole or in part, for any reason and to disclose such materials and the circumstances surrounding their transmission toany thirdpartyinordertosatisfyanyapplicablelaw,regulation,legalprocessorgovernmentalrequest and to protect ourselves, our clients, sponsors, users and visitors.
6. USER PROFILE AND REGISTRATION INFORMATION.
AccesstoAdditionalContentandFeatures.Tousecertainfeaturesofthissite,youwillberequired to register or provide information to participate in certain features or access content. You must be eighteen years of age or older to create a User Profile. As a registered user of the site you may set up a personal, User Profile on the site for the purpose of enhancing your ability to access information, content, participate in programs and interactive forums with other registered users, blogs, and purchase products offered by rxforthesoul.com. You may enter personal information and preferences in your profile in order to enhance your website experience. The information in your personal User Profile is for the exclusive use of rxforthesould.com administrators and staff and may not be viewed by other siteusers.
Safeguarding Your Information. As a registered user of the site, you are responsible for maintaining the confidentiality of your User Name, User Password, profile information, and restricting access to your computer, and you agree to accept responsibility for all activities that occur under your User Profile. You may not use a false email address, impersonate any person or entity,orotherwisemisleadastotheoriginofanyinformationorcontentprovidedbyyouinyour User Profile.Furthermore, you agree not to sell, transfer or assign your User Profile or any rights associated as a registered user of this site. You may use your User Profile solely for the purposes for which they wereintended.
Updating Your Personal Information. You are required to keep the information of your User Profile accurate and up to date. Continued use of your User Profile with inaccurate information mayberegardedbyusasabreachoftheseTermsofUseandmayresultintheterminationofyour User Profile. You agree that we may require you to provide additional information at any time in order to participate in programs or interactiveforums.
RightofCancellation.OneCandlehastherighttocancelauser’sUserProfileatanytimewithout detailing a reason. A user may cancel their User Profile at any time without detailing a reason by sending a Notice of Cancellation to us. To contact One Candle, please see our Contact Uspage.
7. THIRD-PARTY INFORMATION.
Thissitemayfeaturematerials,information,products,andservicesprovidedbythirdparties.Any such information, including but not limited to articles, press clippings, opinions, advice, statements, services, offers or other information made available by third parties such as content providers and other users of this site are those of the respective third party and not of One Candle oritsaffiliates.OneCandlemakesnorepresentationwithrespectto,nordoesitguaranteeor
endorse, the quality, non-infringement, accuracy, completeness, timeliness, or reliability of such third-party materials, information, services or products.
8. LINKS TO THIRD-PARTYWEBSITES.
The site may provide links to other sites on the Internet for your convenience. These other sites are maintained by third parties over which One Candle exercises no control. The appearance of any such third-party links is not intended to endorse any particular company or product. If you decide to access any of the third-party sites linked to the rxforthesoul.com site, you do so entirely atyourownrisk.OneCandleshallnotberesponsibleforanylossordamageofanykindincurred as a result of the presence of such advertisements on the rxforthesoul.com website. Further, One Candleshallnotberesponsibleorliableforthestatementsorconductofanythirdpartyadvertisers appearingontherxforthesoul.comsite.Youshallbesolelyresponsibleforanycorrespondenceor transactions you have with any third partyadvertisers.
Application.Thissectionappliestoanydisputeexceptitdoesnotincludeadisputerelatingtothe enforcement or validity of One Candle’s or either of our Licensors’ intellectual property rights. Dispute means any dispute, action, or other controversy between you and One Candleconcerning theinformation,productsandservicesoffered(includingtheirprice)onorthroughthesite,orthis agreement, whether in contract, warranty, tort, statute, regulation, ordinance, or any other legalor equitable basis. “Dispute” will be given the broadest possible meaning allowable underlaw.
Notice of Dispute. In the event of a dispute, you or One Candle must give the other a Notice of Dispute, which is a written statement of the name, address and contact information of the party giving it, the facts giving rise to the dispute, and the relief requested. You must send any Notice of Dispute by U.S. Mail to One Candle, L.L.C., ATTN: Bonnie Drinkwater, Esq., 5421 Kietzke Lane, Reno, NV 89509. One Candle will send any Notice of Dispute to you by U.S. Mail to your address if we have it, or otherwise to your email address. You and One Candle will attempt to resolve any dispute through informal negotiation within 60 days from the date the Notice of Dispute is sent. After 60 days, you or One Candle may commencearbitration.
BINDING ARBITRATION. IF YOU AND ONE CANDLE DO NOT RESOLVE ANY DISPUTE BY INFORMAL NEGOTIATION OR ANY OTHER EFFORT TO RESOLVE THE DISPUTE WILL BE CONDUCTED EXCLUSIVELY BY BINDING ARBITRATION. YOU ARE GIVING UP THE RIGHT TO LITIGATE (OR PARTICIPATE IN AS A PARTY OR CLASS MEMBER) ALL DISPUTES IN COURT BEFORE A JUDGE OR JURY. Instead, all
disputes will be resolved before a neutral arbitrator, whose decision will be final except for a limited right of appeal under the Federal Arbitration Act. Any court with jurisdiction over the parties may enforce the arbitrator’s award.
Arbitration Procedure, Costs, Fees and Incentives. Any arbitration will be conducted by the American Arbitration Association (the “AAA”) under its Commercial Arbitration Rules and in many cases its Supplementary Procedures for Consumer-Related Disputes. For moreinformation, see adr.org or call 1-800-778-7879. You agree to commence arbitration only in the County of Washoe, Nevada. One Candle agrees to commence arbitration only in the County of Washoe, Nevada.
Claims or Disputes Must be Filed Within One Year. To the extent permitted by law, any claim or dispute under this agreement to which this Section applies must be filed within one year in arbitration. The one-year period begins when the claim or dispute first could be filed. If such a claim or dispute is not filed within one year, it is permanently barred.
Exception: Litigation of Intellectual Property. Notwithstanding the parties' decision to resolveall disputes through arbitration, either party may bring enforcement actions, validity determinations or claims arising from or relating to theft, piracy or unauthorized use of intellectual property in stateorfederalcourtorintheU.S.PatentandTrademarkOfficetoprotectitsintellectualproperty rights("intellectualpropertyrights"meanspatents,copyrights,moralrights,trademarks,andtrade secrets, but not privacy or publicityrights)
Severability. If any part of this Section 9 is found to be illegal or unenforceable as to all or some parts of a dispute, then Section 9 (arbitration) will not apply to those parts. Instead, those parts will be severed and proceed in a court of law, with the remaining parts proceeding in arbitration. If any other provision of Section 9 is found to be illegal or unenforceable, that provision will be severed with the remainder of Section 9 remaining in full force and effect.
10. WARRANTY ANDDISCLAIMERS.
One Candle cannot guarantee that the site or its content is error free and One Candle makes no representations about the accuracy or functionality of the site or that the Content is accurate,error free or up todate.
We may provide links and references to other websites maintained by third parties. Our linkingto such third-party sites does not imply an endorsement or sponsorship of such sites, or the information, products or services offered on or through the sites. In addition, neither we nor affiliates operate or control in any respect any information, products or services that third parties may provide on or through the site or on websites linked to by us on thesite.
If applicable, any opinions, advice, statements, services, offers, or other information or content expressed or made available by third parties, including information providers, are those of the respective authors or distributors, and not One Candle. Neither One Candle nor any third-party provider of information guarantees the accuracy, completeness, or usefulness of any content. Furthermore, One Candle neither endorses nor is responsible for the accuracy and reliability of anyopinion,advice,orstatementmadeonanyofthesitesbyanyoneotherthananauthorizedOne Candle representative while acting in his/her officialcapacity.
THIS SITE IS PROVIDED BY ONE CANDLE ON AN “AS IS” AND “AS AVAILABLE” BASIS. ONE CANDLE MAKES NO REPRESENTATIONS OR WARRANTIES OF ANY KIND, EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, THE IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE, OR NON-INFRINGEMENT OF THIRD-PARTY RIGHTS OR INTELLECTUAL PROPERTY. YOU EXPRESSLY AGREE THAT YOUR USE OF THIS SITE IS AT YOUR SOLE RISK. ONE CANDLE DOES NOT WARRANT THAT THE INFORMATION IN THIS SITEISACCURATE,RELIABLE,UPTODATEORCORRECT,THATTHISSITEWILLBE AVAILABLE AT ANY PARTICULAR TIME OR LOCATION OR THAT THE SITE IS FREE OFVIRUSESOROTHERHARMFULCOMPONENTS.THECONTENTMAYINCLUDE
THERAPUETIC, PSYCHOLOGICAL, OR MEDICAL INACCURACIES OR ERRORS, AND ONE CANDLE MAY MAKE CHANGES, UPDATES, OR IMPROVEMENTS TO THIS SITE AT ANY TIME. YOU, AND NOT ONE CANDLE, ASSUME THE ENTIRE COSTS AND EXPENSES OF ANY AND ALL INJURIES, LOSSES, CLAIMS, AND DAMAGES ARISING FROM THE USE OF THIS SITE OR ITS CONTENT. ONE CANDLE MAKES NO WARRANTIESTHATYOURUSEOFTHECONTENTWILLNOTINFRINGETHERIGHTS OF OTHERS AND ASSUMES NO LIABILITY OR RESPONSIBILITY FOR ERRORS OR OMISSIONS IN SUCHCONTENT.
THIS AGREEMENT WILL BE GOVERNED BY AND CONSTRUED AND INTERPRETED IN ACCORDANCE WITH THE SUBSTANTIVE LAWS OF THE STATE OF NEVADA, WITHOUT GIVING EFFECT TO ANY CONFLICTS OF LAW RULE OR PRINCIPLE THAT MIGHT RESULT IN THE APPLICATION OF THE LAWS OF ANOTHER JURISDICTION.
EACH OF THE PARTIES HERETO HEREBY IRREVOCABLY AND UNCONDITIONALLY CONSENTS TO SUBMIT TO THE EXCLUSIVE JURISDICTION OF THE COURTS OFTHE STATE OF NEVADA AND OF THE UNITED STATES OF AMERICA LOCATED IN THE STATE OF NEVADA, FOR ANY LITIGATION, CLAIM OR DISPUTE UNDER THIS AGREEMENT AND THE TRANSACTIONS CONTEMPLATED HEREBY (AND AGREES NOT TO COMMENCE ANY LITIGATION, CLAIM OR DISPUTE RELATING HERETO EXCEPT IN SUCH COURTS); PROVIDED, THAT THIS SECTION 12SHALL NOT PRECLUDE ANY PARTY TO THIS AGREEMENT FROM COMMENCING LITIGATION, CLAIM OR DISPUTE IN ANOTHER JURISDICTION TO SECURE ENFORCEMENT OF ANY JUDGMENT OR AWARD OBTAINED IN ACCORDANCE WITH THE TERMS OF THIS AGREEMENT, INCLUDING AN AWARD OF SPECIFIC PERFORMANCE. EACH OF THE PARTIES HERETO HEREBY IRREVOCABLY AND UNCONDITIONALLY WAIVES ANY OBJECTION TO THE LAYING OF VENUE OF ANY LITIGATION, CLAIM OR DISPUTE ARISING OUT OF THIS AGREEMENT OR THE TRANSACTIONS CONTEMPLATED HEREBY IN THE COURTS OF THE STATE OF NEVADA OR THE UNITED STATES OF AMERICA LOCATED IN NEVADA, HEREBY FURTHER IRREVOCABLYANDUNCONDITIONALLYWAIVESANDAGREESNOTTOPLEADOR
CLAIMINANYSUCHCOURTTHATANYSUCHLITIGATIONBROUGHTINANYSUCH COURT HAS BEEN BROUGHT IN AN INCONVENIENTFORUM.
13. ATTORNEYS’FEESANDCOSTS.Ifattorneys'feesorothercostsareincurredtosecure performance of any obligations hereunder, or to establish damages for the breach thereof or to obtainanyotherappropriaterelief,whetherbywayofprosecutionordefense,thePrevailingParty (as defined below) will be entitled to recover reasonable attorneys' fees and costs incurred in connection therewith. A party will be considered the "Prevailing Party" if: (a) it initiated the litigation and substantially obtained the relief it sought, either through a judgment or the losing party's voluntary action before trial or judgment; (b) the other party withdraws its action without substantially obtaining the relief it sought; or (c) it did not initiate the litigation and judgment is enteredintoforanyparty,butwithoutsubstantiallygrantingthereliefsoughtbytheinitiatingparty or granting more substantial relief to the non-initiating party with respect to any counterclaim asserted by the non-initiating party in connection with suchlitigation.
14. HEADINGS. The article and section headings contained in this Agreement are solely for thepurposeofreference,arenotpartoftheagreementofthepartiesandwillnotinanywayaffect the meaning or interpretation of thisAgreement.
15. SEVERABILITY. The invalidity or unenforceability of any provision of this Agreement will not affect the validity or enforceability of any other provision of this Agreement, each of which will remain in full force and effect, so long as the economic or legal substance of the transactionscontemplatedbythisAgreementisnotaffectedinamannermateriallyadversetoany party.
16. BINDING EFFECT. This Agreement will be binding upon and inure to the benefit ofthe parties and their respective successors and permittedassigns.
17. ENTIRE AGREEMENT. This Agreement constitutes the entire understanding of the parties and supersedes all prior written or oral and all contemporaneous oral agreements and understandings relating to the subject matter hereof. This Agreement may be amended, supplemented or modified, and any provision hereof may be waived, only by written instrument making specific reference to this Agreement signed by the party against whom enforcement is sought. The recitals to this Agreement are hereby incorporated by reference and made a part of this Agreement for all purposes.
18. CONSTRUCTION. Neither this Agreement nor any provision contained in this Agreementwillbeinterpretedinfavoroforagainstanypartyheretobecausesuchpartyoritslegal counsel drafted this Agreement or such provision. Whenever the plural form of a word is used in thisAgreement,thatwordwillincludethesingularformofthatword.Wheneverthesingularform of a word is used in this Agreement, that word will include the plural form of that word. Theterm "and" shall also mean "or" and "or" shall also mean "and" as the context permits or requires to provide the broadest meaning or inclusion of the subject. The term "include" or any derivative of such term does not mean that the items following such term are the only types of suchitems.
19. CONTACT INFORMATION.
Dr. Annette Childs, Ph.D. One Candle, L.L.C.
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