Terms & Conditions
- Aracelli Bonaudi, aracellibonaudi.com, I, Me: Aracelli Bonaudi, as the creator, operator, and publisher of the Website, makes the Website, and certain Services on it, available to Users. Aracelli Bonaudi, aracellibonaudi.com, I, Me, Mine, Ours, We and other first-person pronouns will refer to Aracelli Bonaudi and aracellibonaudi.com, as well as all employees and affiliates of Aracelli Bonaudi.
- You, the User, the Patient, the Client (though I don’t consider you a client): You, as the User of the Website, will be referred to throughout this Agreement with second-person pronouns such as You, Your, Yours, or as the User, Patient, or Client.
- Parties: Collectively, the parties to this Agreement (Aracelli Bonaudi and You) will be referred to as “Parties”.
2) ASSENT & ACCEPTANCE
3) LICENSE TO USE WEBSITE
4) INTELLECTUAL PROPERTY
- In order to make the Website and its Services available to You, You hereby grant Aracelli Bonaudi a royalty-free, non-exclusive, worldwide license to copy, display, use, broadcast, transmit and make derivative works of any content You publish, upload, or otherwise make available to the Website (“Your Content”). Aracelli Bonaudi claims no further proprietary rights in Your Content.
- If You feel that any of Your intellectual property rights have been infringed upon or otherwise violated by the posting of information or media by another of Our Users, please contact Us immediately and let Us know.
5) USER OBLIGATIONS
6) ACCEPTABLE USE
- You further agree not to use the Website or its Services:
- To harass, abuse, or threaten others or otherwise violate any person’s legal rights;
- To violate any intellectual property rights of Aracelli Bonaudi or any third party;
- To upload or otherwise disseminate any computer viruses or other software that may damage the property of another;
- To perpetrate any crime or fraud;
- To engage in or create any unlawful gambling, sweepstakes, or pyramid scheme;
- To publish or distribute any obscene or defamatory material;
- To publish or distribute any divisive material that incites violence, hate, or discrimination towards any group;
- To unlawfully gather information about others.
7) PRIVACY INFORMATION
- Information We May Collect or Receive: When You register for an account, You provide Us with a valid email address and may provide Us with additional information, such as Your name or billing information. Depending on how You use Our Website or its Services, We may also receive information from external applications that You use to access Our Website, or We may receive information through various web technologies, such as cookies, log files, clear gifs, web beacons or others.
- How We Use Information: We use the information gathered from You to ensure Your continued good experience on Our website, including through email communication. We may also track certain aspects of the passive information received to improve Our marketing and analytics, and for this, We may work with third-party providers.
- How You Can Protect Your Information: If You would like to disable Our access to any passive information We receive from the use of various technologies, You may choose to disable cookies in Your web browser. Please be aware that Aracelli Bonaudi will still receive information about You that You have provided, such as Your email address. If You choose to terminate Your account, Aracelli Bonaudi will store information about You for the following number of days: 730. After that time, it will all be deleted.
If You are unhappy with a service being sold on Our Website, You are entitled to request a refund.
9) REVERSE ENGINEERING & SECURITY
- Reverse engineer, or attempt to reverse engineer or disassemble any code or software from or on the Website or its Services;
- Violate the security of the Website or its Services through any unauthorized access, circumvention of encryption or other security tools, data mining or interference to any host, user or network.
10) DATA LOSS
12) SPAM POLICY
13) THIRD-PARTY LINKS & CONTENT
Aracelli Bonaudi may occasionally post links to third party websites or other services. You agree that Aracelli Bonaudi is not responsible or liable for any loss or damage caused as a result of Your use of any third party services linked to from Our Website.
14) MODIFICATION & VARIATION
- To the extent any part or sub-part of this Agreement is held ineffective or invalid by any court of law, You agree that the prior, effective version of this Agreement shall be deemed enforceable and valid to the fullest extent.
- You agree to routinely monitor this Agreement and refer to the Effective Date posted at the top of this Agreement to note modifications or variations. You further agree to clear Your cache when doing so to avoid accessing a prior version of this Agreement. You agree that Your continued use of the Website after any modifications to this Agreement is a manifestation of Your continued assent to this Agreement.
- In the event that You fail to monitor any modifications to or variations of this Agreement, You agree that such failure shall be considered an affirmative waiver of Your right to review the modified Agreement.
15) ENTIRE AGREEMENT
16) SERVICE INTERRUPTIONS
17) TERM, TERMINATION & SUSPENSION
18) NO WARRANTIES
19) LIMITATION ON LIABILITY
20) GENERAL PROVISIONS:
- LANGUAGE: All communications made or notices given pursuant to this Agreement shall be in the English language.
- JURISDICTION, VENUE & CHOICE OF LAW: Through Your use of the Website or its Services, You agree that the laws of the State of New York shall govern any matter or dispute relating to or arising out of this Agreement, as well as any dispute of any kind that may arise between You and Aracelli Bonaudi, with the exception of its conflict of law provisions. In case any litigation specifically permitted under this Agreement is initiated, the Parties agree to submit to the personal jurisdiction of the state and federal courts of the following county: Kings, New York. The Parties agree that this choice of law, venue, and jurisdiction provision is not permissive, but rather mandatory in nature. You hereby waive the right to any objection of venue, including assertion of the doctrine of forum non conveniens or similar doctrine.
- ARBITRATION: In case of a dispute between the Parties relating to or arising out of this Agreement, the Parties shall first attempt to resolve the dispute personally and in good faith. If these personal resolution attempts fail, the Parties shall then submit the dispute to binding arbitration. The arbitration shall be conducted in the following county: Kings. The arbitration shall be conducted by a single arbitrator, and such arbitrator shall have no authority to add Parties, vary the provisions of this Agreement, award punitive damages, or certify a class. The arbitrator shall be bound by applicable and governing Federal law as well as the law of the following state: New York. Each Party shall pay their own costs and fees. Claims necessitating arbitration under this section include, but are not limited to: contract claims, tort claims, claims based on Federal and state law, and claims based on local laws, ordinances, statutes or regulations. Intellectual property claims by Aracelli Bonaudi will not be subject to arbitration and may, as an exception to this subpart, be litigated. The Parties, in agreement with this subpart of this Agreement, waive any rights they may have to a jury trial in regard to arbitral claims.
- ASSIGNMENT: This Agreement, or the rights granted hereunder, may not be assigned, sold, leased or otherwise transferred in whole or part by You. Should this Agreement, or the rights granted hereunder, by assigned, sold, leased or otherwise transferred by Aracelli Bonaudi, the rights and liabilities of Aracelli Bonaudi will bind and insure to any assignees, administrators, successors, and executors.
- SEVERABILITY: If any part or subpart of this Agreement is held invalid or unenforceable by a court of law or competent arbitrator, the remaining parts and subparts will be enforced to the maximum extent possible. In such condition, the remainder of this Agreement shall continue in full force.
- NO WAIVER: In the event that We fail to enforce any provision of this Agreement, this shall not constitute a waiver of any future enforcement of that provision or of any other provision. Waiver of any part or subpart of this Agreement will not constitute a waiver of any other part or subpart.
- HEADINGS FOR CONVENIENCE ONLY: Headings of parts and subparts under this Agreement are only for convenience and organization. Headings shall not affect the meaning of any provisions of this Agreement.
- NO AGENCY, PARTNERSHIP OR JOINT VENTURE: No agency, partnership, or joint venture has been created between the Parties as a result of this Agreement. No Party has any authority to bind the other to third parties.
- FORCE MAJEURE: Aracelli Bonaudi is not liable for any failure to perform due to causes beyond its reasonable control including, but not limited to, acts of God, acts of civil authorities, acts of military authorities, riots, embargoes, acts of nature and natural disasters, and other acts which may be due to unforeseen circumstances.
- ELECTRONIC COMMUNICATIONS PERMITTED: Electronic communications are permitted to both Parties under this Agreement, including email or fax. For any questions or concerns, please email Us at the following address: firstname.lastname@example.org.
21) DISCLAIMERS ON SERVICES
- APPOINTMENT CANCELLATIONS: If You the patient decide to cancel your appointment with us Aracelli Bonaudi within 24 hours of the date and time of such appointment, a $100 Cancellation Fee will apply. If your appointment is more than 24 hours away at the time You wish to cancel it, then no cancellation fee shall apply.
- DEADLINE TO REDEEM OR USE PREPURCHASED SERVICES: Any gift card, treatment session or therapy package that was prepurchased to undergo the therapy at a later date must be redeemed or used within 12 months of the date of purchase of such.