Terms and Conditions
Effective 8/1/23
Accessing this website, mobile application if applicable, or other websites in association with French Angelfish, LLC (hereinafter “French Angelfish”), in any way, you (“User,” “you,” “customer,” or “your”) agree to be bound by the Terms and Conditions herein contained (“Agreement” or “Terms and Conditions”). This website was created by French Angelfish, and this Agreement constitutes a legal contract between you and French Angelfish, its agents, subsidiaries, or assigns.
MATCHING SERVICES
This website concerns information about therapy, consultations, and related services offered by us, and certain other service providers and affiliated third parties. Submitting a Request for our services constitutes an agreement that we will share the information provided with third parties, including other service providers, regardless of whether you have specifically solicited business with or from such provider or specifically requested that your information be shared with said provider.
You may be contacted directly by these service providers concerning pricing and the services they provide. Communications between you and the service provider are independent of French Angelfish, and any request that they cease communication should be sent to the service provider directly. In some instances, the information provided concerning your request for services may be kept both by the potential service provider, and by French Angelfish. FRENCH ANGELFISH IS NOT LIABLE FOR COMMUNICATIONS AND INFORMATION YOU SHARE WITH SERVICE PROVIDERS, AND FRENCH ANGELFISH IS NOT LIABLE FOR THE ACTS AND OMISSIONS OF SERVICE PROVIDERS, INCLUDING, WITHOUT LIMITATION, WITH RESPECT TO ANY SERVICES OR COMMUNICATIONS RENDERED, INCLUDING FAILURE TO PERFORM ANY SERVICE OR FULFILL ANY AGREEMENT OR TRANSACTION, OR FOR SERVICE PROVIDER FAILURE TO CONTACT YOU.
AGREEMENTS AND RESTRICTIONS
By using this website, you agree that:
1) You are at least 18 years old, or the legal age of majority in your jurisdiction, and authorized to fulfill any obligations of this agreement;
2) You are authorized to enter into an agreement with French Angelfish, its associated Service Providers, and any associated third parties;
3) You will not use this website for any purpose that violates federal, state, or local law, or any regulation, including unlawful disclosures to French Angelfish, and will comply with all relevant federal, state, and local laws and regulations in your use or French Angelfish’s services;
4) All information and disclosures made to French Angelfish are accurate;
5) In your use of French Angelfish’ services, you will not redistribute, reproduce, publish, or otherwise use information provided by French Angelfish for purposes other than your individual or business needs in relation to our services, and you will not otherwise use French Angelfish content without our express prior written consent;
6) We reserve the right to cancel your services or association with French Angelfish, and this website, at any time, for any reason or in the absence of a reason.
7) We reserve the right to modify this Agreement, at our sole discretion. You will be notified of any changes to the Agreement by their presence here, via email, or directly contacted by a different method. Continued use of this website, and French Angelfish services, constitutes a renewed Agreement to the terms herein contained.
8) French Angelfish makes no representation of being an agent, therapist or doctor, and makes no claims as to the accuracy or reliability of any information provided by third parties in association with French Angelfish’s services.
9) You agree the terms outlined in our Privacy Policy, which is incorporated into these Terms and Conditions by reference.
10) In your use of French Angelfish’s services, you may be provided with external links to third parties or service providers. While we endeavor to ensure such content is relevant, we have no control over these links, and do not endorse their content, and are not liable for said content, including any damage resulting from reliance on information or services in connection with said content.
DISCLAIMER OF WARRANTIES AND INDEMNITY CLAUSE
TO THE MAXIMUM EXTENT PERMITTED BY LAW, THE WEBSITE AND ANY CONTENT MADE AVAILABLE ARE PROVIDED TO YOU “AS IS” AND “AS AVAILABLE” WITH NO EXPRESS REPRESENTATIONS OR WARRANTIES OF ANY KIND, AND FRENCH ANGELFISH DISCLAIMS ALL STATUTORY OR IMPLIED REPRESENTATIONS, WARANTIES, AND AGREEMENTS WITH RESPECT TO THIS WEBSITE, AND ALL GOODS, CONTENT, INFORMATION, AND SERVICES, INCLUDING THOSE OF THIRD PARTIES AND SERVICE PROVIDERS, MADE AVAILABLE FOR YOUR CONSIDERATION THROUGH THIS WEBSITE. NO REPRESENTATION IS MADE REGARDING QUALITY, MERCHANTIBILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE, OR NONINFRINGEMENT. NO WARANTY OR REPRESENTATION IS MADE REGARDING THE ACCURATENESS OR COMPLETENESS OF THIS WEBSITE.
FRENCH ANGELFISH IS NOT LIABLE FOR ANY INDIRECT, CONSEQUENTIAL, INCIDENTAL, SPECIAL, PUNATIVE, EXAMPLARY, OR DAMAGES OF ANY KIND IN ASSOCATION WITH THIS WEBSITE, FRENCH ANGELFISH’S SERVICES, OR ANY DAMAGES OF ANY KIND ARISING FROM THIRD PARTIES OR SERVICE PROVIDERS, UNDER ANY NEGLIGENCE, LIABILITY, CONTRACT, OR OTHER THEORIES OF DAMAGE AND RECOVERY, SUCH AS LOSS OF PROFITS, INTERRUPTION OR LOSS OF BUSINESS, LOSS OF DATA, LOSS OF SECURITY INFORMATION, UNAUTHORIZED INTERCEPTION OF DATA BY THIRD PARTIES, OR ANY DAMAGE ARISING FROM THE ACTS OR OMISSIONS OF THIRD PARTIES AND SERVICE PROVIDERS. MAXIMUM LIABILITY OF FRENCH ANGELFISH FOR ALL DAMAGES, CAUSES OF ACTION, OR LOSSES, CONTRACT OR TORT (INCLUDING NEGLIGENCE), SHALL BE THE TOTAL AMOUNT, IF ANY, PAID BY YOU TO FRENCH ANGELFISH FOR ACCESS TO THIS SITE.
Additionally, you shall defend and hold harmless, and indemnify, French Angelfish, its employees, owners, agents, directors, affiliates, and service providers against any damages, losses, claims, demands, or expenses, including attorney’s fees and costs, arising from your use of French Angelfish services and this website, including direct use or dissemination of content and information on this site, in association with your access or use of this website or French Angelfish’s services, breach of this Agreement, any laws or regulations, or our rights or the rights of any third party.
INTELLECTUAL PROPERTY
All website contents, including but not limited to information, displays, photographs, graphics, video, audio, infographics, design, features, functionality, are owned, in their entirety, by French Angelfish. Trademarks, copyright, and intellectual property generally cannot be used without French Angelfish’s written allowance.
ARBITRATION AGREEMENT, CLASS ACTION WAIVER, COPYRIGHT INFRINGEMENT
You and French Angelfish agree that any claims arising between you and French Angelfish related to use of this website or French Angelfish’s services, or arising from your relationship with French Angelfish generally, that cannot be resolved in an informal way, shall be resolved through binding arbitration or small claims court only. RIGHTS TO TRIAL BY JURY AND CLASS ACTION ACTIVITY IS WAIVED BY YOU AND FRENCH ANGELFISH.
Prior to any claim in small claims court or arbitration, a good faith effort is required by both parties to participate in informal settlement for a period of sixty (60) days for the purpose of resolving all disputes. This informal process initiates with the claiming party providing a written statement to the other party providing name, address, and the dispute with enough detail to be properly understood and investigated, including the source of any damages and their amount and method of calculation. This claim should be sent by email to [email protected] and by certified mail to i. French Angelfish, LLC, 834-F S Perry Street #1377, Castle Rock, CO 80104. The dispute can proceed to small claims court or arbitration sixty (60) days after receipt by certified mail, in any county or parish either party resides, a place of mutual agreement, or arbitration in accordance with the following paragraph.
All arbitration between you and French Angelfish are governed by the Federal Arbitration Act (FAA), notwithstanding state or local law purporting to impose obligations greater than or inconsistent with those provided in the FAA. In all other respects laws concerning the State of Colorado shall control to the extent permitted and consistent with the FAA. This arbitration clause is intended to be interpreted to the broadest extent possible, and includes any claims brought under any legal theory, from any activity arising between you, or your agents, assigns, officers, employees and French Angelfish, or its agents, assigns, officers, or employees.
Arbitration shall be submitted to the American Arbitration Association (AAA) pursuant to their rules, which can be found at www.adr.org/commercial. These do not involve personal appearances by parties or witnesses unless otherwise agreed, and all dispute claims are by telephone, online, or by written submissions. Each party will bear their own attorney’s fees and costs, though the prevailing party shall be entitled to recover costs of attorney’s and arbitration fees to the extent permitted. Additionally, arbitration found to be brought for improper purpose or bad faith, including frivolous claims, may allow costs and fee recovery to the defending party. This arbitration agreement survives termination of this Agreement generally. Additionally, the following claims will not be subject to arbitration, and instead subject to state and federal courts in Colorado: 1) intellectual property and proprietary rights, such as patents, trademarks, copyrights, or trade secrets; 2) injunctive relief sensitive to time, and provisional relief in anticipation of full resolution, 3) all legal actions brought by French Angelfish against non-consumers, and 4) interactions with regulatory and governmental authority.
YOU AGREE TO WAIVE ANY RIGHT TO FILE OR PARTICIPATE IN A CLASS ACTION, CLASS ARBITRATION, REPRESENTATIVE ACTION, OR TO LITIGATE JOINTLY OR IN ANY CONSOLIDATED MANNER. ALL CLAIMS AND DISPUTES WITHIN THE SCOPE OF THIS AGREEMENT AND YOUR ENGAGEMENT WITH FRENCH ANGELFISH MUST BE LITIGATED ON AN INDIVIDUAL BASIS.
To the extent any portion of this agreement, including arbitration and class action terms, are determined to be unenforceable as to particular causes of action, the relevant jurisdiction in Colorado concerning the operation of business by French Angelfish shall be the controlling law. Opting out of policies concerning arbitration and class action suits must be via email at [BE email address] within thirty (30) days of initially visiting the website.
Any claim concerning copyrighted work you believe is being displayed on this website, or any other material used by French Angelfish, must be made pursuant to Title 17 of the United States Code, Section 512 (c)(2), with all notifications of infringement claims sent to the Designated Agent. All necessary notice, including signature of the owner or representative of the copyrighted interest, identification of relevant works, where the infringement is located among the site or the materials, your contact information (name, address, telephone number and email), to French Angelfish, LLC, 834-F S Perry Street #1377, Castle Rock, CO 80104.
CONTACT
If you have any questions concerning this Agreement, please email us at [email protected] or send correspondence to 834-F S Perry Street #1377, Castle Rock, CO 80104