EPT CLINIC ® TERMS OF USE

Last Updated: November 13, 2024

1. We may modify these Terms from time to time. When we do, we will provide notice to you by publishing the most current version and revising the date at the top of this page, and will notify you by email when we make material changes to these Terms of Use. By continuing to use the Service after any changes come into effect, you agree to the revised Terms; if you do not agree with any of the revised Terms, you must stop using the Service.

1. THESE TERMS OF USE. THESE TERMS OF USE (“TERMS OF USE”) ARE A LEGAL CONTRACT BETWEEN YOU AND EPT CLINIC. The EPT Clinic website and business provides its users (each individually a “User” or “Member” and collectively, “Users” or “Members”) with access to healthcare services, assessments, workshops, courses, coaching and newsletters and other paid and no-cost content regarding a wide spectrum of parenting, developmental, childhood, family, self-care, and partnership topics, and it allows subscribers and users to connect and share with one another on the EPT Clinic platform regarding such topics. The terms “EPT Clinic,” “we,” “us,” and “our” refer to Two Things, Inc. (dba EPT Clinic). The terms “you” and “your” refer to any person accessing and/or using the Service, including accessing or subscribing to Available Content (as such terms are defined in Section 9). We provide the Service to you expressly subject to these Terms of Use, together with our Privacy Policy and our Community Guidelines. “Terms” means these Terms of Use and our Community Guidelines. BY CLICKING “I ACCEPT,” OR BY DOWNLOADING, INSTALLING, OR OTHERWISE ACCESSING OR USING THE SERVICE, YOU AGREE THAT YOU HAVE READ AND UNDERSTOOD, AND, AS A CONDITION TO YOUR USE OF THE SERVICE, YOU AGREE TO BE BOUND BY, THE TERMS, INCLUDING THE PRIVACY POLICY. If you do not or are unable to agree to these Terms, do not use the Service.
2. NOTE: PLEASE READ THESE TERMS OF USE CAREFULLY, AS THEY CONTAIN AN AGREEMENT TO ARBITRATE AND OTHER IMPORTANT INFORMATION REGARDING YOUR LEGAL RIGHTS, REMEDIES, AND OBLIGATIONS. THE AGREEMENT TO ARBITRATE REQUIRES (WITH LIMITED EXCEPTIONS) THAT YOU  SUBMIT CLAIMS YOU HAVE AGAINST US TO BINDING AND FINAL ARBITRATION, AND, FURTHER, THAT:  (1) YOU WILL BE PERMITTED TO PURSUE CLAIMS AGAINST EPT CLINIC ONLY ON AN INDIVIDUAL  BASIS, NOT AS A PLAINTIFF OR CLASS MEMBER IN ANY CLASS OR REPRESENTATIVE ACTION OR  PROCEEDING, (2) YOU WILL BE PERMITTED TO SEEK RELIEF (INCLUDING MONETARY, INJUNCTIVE, AND  DECLARATORY RELIEF) ONLY ON AN INDIVIDUAL BASIS, AND (3) YOU ARE WAIVING YOUR RIGHT TO  HAVE ANY CLAIMS YOU HAVE AGAINST US RESOLVED BY A JURY OR IN A COURT OF LAW. 
3. The Available Content on this Service is for informational purposes only. As described further in Section 17 below, EPT Clinic is not always engaged in rendering therapy services by providing the Service, and your use of certain services does not necessarily create a therapist-patient or other treatment relationship between you and EPT Clinic or any of its representatives.
4. YOUR ACCOUNT. The Service may be accessed and used only by individuals who can form legally binding contracts under applicable laws, are not barred from using the Service under applicable laws or by EPT Clinic, and are at least 18 years old. By using this Service, you represent that you meet all of these eligibility requirements. 
5.  In order to access and use Available Content, materials and services offered on and through the Service, you must register for an account. When you register for an account, you must provide us with some basic information, including your first name and last name, an email address, payment card information (where appropriate), user ID and a password or Google authentication credentials. You will also have the ability to provide additional optional information in response to questions. Please keep your email address and other account information current and accurate. Also, you agree to maintain the security and confidentiality of your password. You are solely responsible for anything that happens if you fail to maintain the security and confidentiality of your account. If someone is using your password or accessing your account without your permission, email us at [email protected]

7. YOUR PRIVACY. EPT Clinic collects registration and other information about you and your family through the Service. Please refer to our Privacy Policy for details on how we collect, use, and disclose this information.
8. PROHIBITED ACTIVITIES. You agree that you will not (directly or indirectly) use the Service to advertise or disseminate advertisements regarding any offered products or services, or the need for any products or services, regardless of whether you are doing so on a professional or personal basis. For the avoidance of doubt, this prohibition includes (but is no way limited to) advertisements and disseminations of advertisements regarding the offer, purchase, sale, sharing, and/or availability of baby or children’s items, nanny services, babysitting services, and other similar products and services. Additionally, you agree that  you will not (directly or indirectly) use the Service: (i) to advertise or disseminate advertisements regarding  any other types of promotional materials, ‘pyramid schemes’, ‘junk mail’, and ‘chain letters’; (ii) to  advertise or disseminate advertisements or messages of a political nature, including, but not limited to, disseminating  information on political rallies, marches, protests, and/or other political events; (iii) for any unlawful  purpose or for any purpose that would give rise to civil liability; (iv) to solicit others to perform or  participate in any unlawful acts; (v) to infringe upon or violate our intellectual property rights or the  intellectual property rights of others; (vi) to submit false or misleading information, create a false identity, or otherwise manipulate identifiers in order to deceive others or disguise the origin of any content  transmitted to or via the Service; (vii) to upload or transmit viruses or any other type of malicious code that  may be used in any way to affect the functionality or operation of the Service; (viii) other than for your use  of the Service as expressly permitted in these Terms, to access or attempt to access any systems or servers  on which the Service is hosted or modify or alter the Service in any way; (ix) or to spam, phish, pharm, pretext,  spider, crawl, data-mine, or scrape; (x) to interfere with or circumvent the security features of the Service or services of third-party service providers;  (xi) to damage, disable, overburden, or impair EPT Clinic’s servers or networks or those of third-party service providers; (xii) to defame, abuse,  harass, stalk, threaten, or otherwise violate the dignity or legal rights (such as rights of privacy and publicity) of  others; (xiii) to use language, images, or other content that EPT Clinic in its sole discretion deems  insensitive, offensive, obscene, sexually explicit, or otherwise inappropriate or inconsistent with EPT Clinic’s brand or its community guidelines; or (xiv) to post anything that exploits children or that depicts  cruelty to animals. For additional information on acceptable and unacceptable Service activities, please see our Community Guidelines.
9. USER CONTENT, LIVE EVENTS, AND CONDUCT OF OTHERS. At EPT Clinic, we value community. Within any community two things are true: Differing opinions are natural and respect is required. By using our Service or purchasing and attending, or participating in, live event workshops, Membership meetings or Support Sessions, or any other EPT Clinic events (each an “Event” and collectively, “Events”), you agree to conduct yourself in a productive and respectful manner and otherwise in accordance with these Terms. 

1.  If we become aware of User Content that is inappropriate or does not otherwise comply with these Terms, on the Service or conduct at one of our live events, we reserve the right to investigate and take appropriate action, which  may include moderating content, and temporary or permanent suspension from our Service or, in the case of an Event, removal of  any participant whose comments or behaviour are deemed to be inappropriate or disruptive. We may become aware of User Content that is inappropriate or that does not comply with these Terms through our use of automated technologies. 
2.  Notwithstanding any of the foregoing, EPT Clinic does not control the User Content or conduct of other Users. We are not required to monitor, police, or remove any User Content or conduct, and we assume no liability for any such User Content or conduct. Additionally, we are not a party to any communications or arrangements made among Users through the Service. We do not conduct or require background checks on Users, and we do not attempt to verify the truth or accuracy of statements made by Users. We make no representations or warranties concerning the conduct or User Content of any Users or their interactions with you.
3.  YOUR PARTICIPATION IN MEMBERSHIPS, PROGRAMMES AND SUPPORT SESSIONS.
4. EPT Clinic memberships (“Memberships”) and EPT Clinic 1:1 coaching and other coaching, programmes (“Programmes”) and support sessions (“Support Sessions”) are groups designed to bring Users together around a topic of shared interest to learn, grow, and support each other. Memberships are facilitated by other Users and are not facilitated by EPT Clinic. Support Sessions are led by EPT Clinic staff members, who in their coaching capacity, facilitate and moderate discussions between Users. EPT Clinic does not always control User Content that is shared during Membership, Programmes, or Support Session meetings.
5.  By participating in a Membership or Support Session or other Event, you acknowledge and agree to the following: (i) Memberships, Programmes and Support Sessions are designed to allow you to participate in sessions with other Users that address topics of shared interest; (ii) Memberships, Programmes and Support Sessions are not direct, in person healthcare, mental health, or therapy services and do not involve diagnosis, assessment, mitigation, or direct treatment of any health condition, and you will not use a Membership or Support Session in place of your medical treatment; (iii) you are fully responsible for your physical and mental wellbeing while you are participating in a Membership, Programme or Support Session, including for all of your choices and decisions that may arise from or otherwise relate to your participation in a Membership, Programme or Support Session, and you expressly assume the risks of your participation in a Membership, Programme or Support Session; (iv) you are responsible for any information you share while participating in a Membership, Programme Membership, Programme or Support Session, including any health or other sensitive information, you provide such information voluntarily and understand that such information may not be protected under any state or international privacy law, and you have obtained all necessary consents if such information relates to any other person or individual; (v) you will maintain the confidentiality of any information shared by any other User during your participation in a Membership, Programme or Support Session meeting; (vi) you will act in a courteous and respectful manner towards all Users participating in the Membership, Programme and Support Sessions; and (vii) notwithstanding anything in these Terms to the contrary, you waive and release EPT Clinic, and its employees, directors, and officers, from any and all liability, damages, causes of action, allegations, suits, sums of money, claims and demands whatsoever, you ever had, now have, or will have, arising from your past, present, or future participation in an Event, Membership, Programme or Support Session, or otherwise with respect to an Event, Membership, Programme or Support Session. If you do not agree to the foregoing terms, you will not participate in Events, Membership, Programme or Support Sessions. EPT Clinic may terminate your participation in the Membership, Programme or Support Session, at any time, in its sole discretion, for any reason, including, if you violate these Terms of Use.

15. YOUR USER CONTENT.

1.  You are responsible for the information, opinions, messages, comments, photos, videos, graphics, sounds and other content or material that you submit, upload, post or otherwise make available on or through the Service or at an Event (“User Content”) and through the services available in connection with this Service. You may not upload, post or otherwise make available on this Service any material protected by copyright, trademark, or any other proprietary right without the express permission of the owner of such copyright, trademark or other proprietary right owned by a third-party, and the burden of determining whether any material is protected by any such right is on you. You shall be solely liable for any damage resulting from any infringement of copyrights, trademarks, proprietary rights, violation of contract, privacy or publicity rights or any other harm resulting from any User Content that you make. You have full responsibility for any and all User Content you make, including its legality, reliability and appropriateness. 
2.  SERVICE USE RESTRICTIONS AND INTELLECTUAL PROPERTY. 
3.  As used in these Terms, “Service” means: (i) the  websites www.eptclinic.com, along with our related websites and any future affiliated website(s), including all webpages on such websites (collectively, the “Websites”), hosted applications, mobile and other downloadable applications (collectively, the  “Apps”); and (ii) the workshops, lessons, podcast  episodes, videos, audio files, scripts, newsletters, articles, documents, photos, and other content made  available to you, on a paid or non-paid basis, for your informational and instructional use (collectively, the  “Available Content”); (iii) any current or future public forum(s) hosted on, or as part of, the Service. 
4. All Available Content and other aspects of the Service are protected by copyright and owned, controlled, or licensed by EPT Clinic. You may not: (i) sell, rent, lease, copy, reproduce, hyperlink, frame, republish, upload, post, modify, transmit, translate, encode, publicly display, or distribute in any way via any medium any Available Content or any other part of the Service without EPT Clinic’s express prior written consent; (ii) remove any proprietary notices or labels on the Available Content; (iii) attempt to disable, bypass, modify, defeat, or otherwise circumvent any digital rights management or other content protection system used on or as part of the Service; or (iv) use the Service for any commercial or illegal purpose.
5.  Most Available Content is in “streaming” format, which means that it is made available to you as a contemporaneous digital transmission via the Internet from the Service to your device for personal viewing in real-time. Except as expressly set forth below, you may not download any Available Content or any other part of the Service without EPT Clinic’s express prior written consent: Certain Available Content may specifically indicate that downloading is permitted. In such cases, you may download one copy of such Available Content on any single device for your personal, non-commercial use only, so long as you keep intact all copyright and other proprietary notices. 
6. The Available Content and all other aspects of the Service, including any and all trademarks, logos, text,  images, graphics, music, data, software, source code, and other information available through or as a part  of the Service, and including the design, structure, selection, coordination, expression, “look and feel”, and  arrangement of the Service, are the sole property of EPT Clinic and/or its licensors, are protected by copyright, trademark, and other intellectual property laws, and may not be used except in accordance with these Terms or with EPT Clinic’s express written consent. Subject to your compliance with these Terms, EPT Clinic grants you a limited, non-exclusive, revocable, non-sublicensable, non-transferable right to: (i) install and use one object code copy of any mobile or other downloadable application  associated with the Service (whether installed by you or pre-installed on your mobile device by the device manufacturer or a wireless telephone provider) on a mobile device that you own or control; and (ii) use the Service in order to access and use Available Content, in each case of (i) and (ii), solely for your personal, non-commercial purposes. Other than as necessary for your use of the Service in accordance with these Terms, EPT Clinic grants you no other privileges, licenses, or rights in and/or to the Service, and you must keep intact all patent, copyright, trademark, and other proprietary notices on the Service. 
7.  You acknowledge and agree that any breach of any provision of the above would result in  irreparable harm to EPT Clinic, for which money damages alone would be an inadequate remedy, and,  therefore, you agree that EPT Clinic is entitled to injunctive relief to prevent or restrain any breach or  threatened breach of this section, in addition to any other remedies available at law or in equity.

23. AVAILABILITY AND STREAMING QUALITY OF AVAILABLE CONTENT.EPT Clinic regularly updates the Available Content on the Service. Additionally, EPT Clinic may test certain Available Content or Service features by making them available to you for limited periods of time. In all cases, EPT Clinic reserves the right to make changes to, or remove from the Service, any or all Available Content at any time without notice and without liability to you or third parties. The playback resolution and quality of the Available Content depends on a number of factors. EPT Clinic makes no guarantee as to the resolution or quality of the Available Content you will receive when streaming, even if you have paid for access to such Available Content.
24. PAID CONTENT AND SUBSCRIPTION SERVICES.EPT Clinic offers subscription and paid access to fee-based Available Content for a fee payable in advance. In addition, Members may have the ability to purchase additional sessions or services for additional fees and such additional sessions or services may be subject to additional terms that must be agreed upon in order to access the additional session or services. Except as expressly set forth herein, all fees are non-refundable once paid. All fees are in EU euros. Any promotional or “trial basis” discounts offered are temporary and will terminate at the end of the applicable promotional period, but may be terminated earlier in EPT Clinic’s sole discretion. You agree to pay the applicable subscription fees in exchange for access to the relevant Available Content. The fee we will initially charge you for your subscription will be the price posted on the Service on the date that you register as a Member. You may pay for your subscription fee only with credit and debit card payments (Visa, MasterCard, American Express, and Discover). In order to process your payment, we may use a third-party payment processor. Our current payment processor is Stripe (https://stripe.com). Stripe will collect, use, and process your information, including payment information, in accordance with Stripe’s privacy policy (which may be accessed athttps://stripe.com/privacy), and Stripe’s terms of service (which may be accessed at https://stripe.com/legal/consumer). We will charge your credit or debit card for your first subscription fee on the date that we process your order for your subscription (or if you sign-up for a subscription using a Gift Card or for a subscription that includes a free-trial period, we will charge your credit or debit card for your first subscription fee upon the expiration date of the applicable Gift Card period or free-trial period). Once  your credit or debit card is charged the first subscription fee (or if you sign-up for a subscription using a  Gift Card or a subscription that includes a free-trial period, once we have processed your order for your  subscription), you will receive a confirmation e-mail notifying you of your ability to access those  subscription- or Member-only portions of, and fee-based Available Content on, the Service.

1. IMPORTANT NOTICE: EPT CLINIC WILL AUTOMATICALLY RENEW YOUR MEMBERSHIP (AS APPLICABLE), AS AUTHORIZED BY YOU DURING  THE MEMBERSHIP SIGN-UP PROCESS, EPT CLINIC WILL CHARGE YOUR CREDIT OR DEBIT CARD WITH  THE APPLICABLE QUARTERLY OR YEARLY (AS APPLICABLE) SUBSCRIPTION FEE AND ANY SALES OR SIMILAR  TAXES THAT MAY BE IMPOSED ON YOUR SUBSCRIPTION FEE PAYMENT (UNLESS YOU CANCEL PRIOR TO  THE ANNIVERSARY DATE). IF YOU SIGN UP FOR A SUBSCRIPTION VIA A GIFT CARD OR A SUBSCRIPTION THAT INCLUDES A FREE-TRIAL PERIOD, UNLESS YOU HAVE CANCELED YOUR SUBSCRIPTION PRIOR TO THE  EXPIRATION OF THE GIFT CARD PERIOD OR FREE-TRIAL PERIOD, AS AUTHORIZED BY YOU DURING THE  MEMBERSHIP SIGN-UP PROCESS, EPT CLINIC WILL AUTOMATICALLY CHARGE YOU FOR THE PAYMENT PERIOD (AS APPLICABLE) SUBSCRIPTION FEE UPON THE EXPIRATION OF THE GIFT CARD  PERIOD OR THE FREE-TRIAL PERIOD (AS APPLICABLE) AND EACH SUBSEQUENT MONTHLY, QUARTERLY OR YEARLY (AS  APPLICABLE) SUBSCRIPTION FEE ON THE MONTHLY, QUARTERLY OR YEARLY (AS APPLICABLE) ANNIVERSARY OF THE  DATE OF THE FIRST BILLING. EACH SUBSCRIPTION RENEWAL PERIOD IS FOR ONE QUARTER OR ONE YEAR.  YOU MAY CANCEL YOUR SUBSCRIPTION AT ANY TIME THROUGH YOUR ACCOUNT SETTINGS OR BY CONTACTING EPT CLINIC [email protected] (ATTN: LEGAL) PROVIDED THAT ANY SUBSCRIPTION FEES CHARGED PRIOR TO THE EFFECTIVE DATE OF CANCELLATION WILL NOT BE REFUNDED, IN WHOLE OR IN PART. YOU WILL NOT BE ELIGIBLE FOR A PRO-RATED REFUND OF ANY PORTION OF THE SUBSCRIPTION FEES PAID FOR ANY UNUSED DAYS OF THE THEN-CURRENT QUARTERLY OR YEARLY (AS APPLICABLE) SUBSCRIPTION TERM. EPT CLINIC REQUIRES A REASONABLE AMOUNT OF TIME TO PROCESS YOUR SUBSCRIPTION CANCELLATION REQUEST. IF YOU CANCEL YOUR SUBSCRIPTION, YOU WILL ENJOY YOUR MEMBERSHIP BENEFITS UNTIL THE EXPIRATION OF THE THEN-CURRENT MONTHLY, QUARTERLY OR YEARLY (AS APPLICABLE) SUBSCRIPTION TERM FOR WHICH YOU HAVE PAID, AND YOUR MEMBERSHIP BENEFITS WILL EXPIRE AT THE END OF THE THEN-CURRENT MONTHLY, QUARTERLY OR YEARLY (AS APPLICABLE) SUBSCRIPTION TERM. 

1. AUTOMATIC RENEWAL TERMS: To facilitate continuity of service to you, each Gift Card membership or free-trial membership that becomes a paid membership subscription, and each paid membership subscription, contains automatic renewal terms. You agree that you will be charged the fee you agreed  to (depending on your particular subscription agreement) for the length of time you agreed to, and that  your subscription will automatically renew on those same terms until you cancel at any time by emailing  [email protected] (Attn: Legal), or through your Account Settings page, and you have read and  agree to our Terms of Use and Privacy Policy. You represent and warrant that you are authorised to use the payment method designated, and you authorise EPT Clinic and our designated third-party payment processors to charge your designated payment card now and upon each renewal for the total amount of any fees you owe to EPT Clinic, including any applicable taxes and other charges. If the payment method cannot be verified, is invalid, or is otherwise not acceptable, your access to the Available Content may be terminated. For subscription services, unless you submit a nonrenewal notice through the Service prior to the end of the then-current subscription term, your subscription will automatically renew. Applicable fees for such renewals will be at EPT Clinic’s then-current rates. If your subscription is not renewed, a cancellation will be effective on the next renewal date of your subscription following your notice of cancellation and your access to the fee-based Available Content will terminate at the end of your then current subscription term. EPT Clinic reserves the right, in its sole and absolute discretion, to change its subscription plans or adjust its access fees or subscription fees at any time (but not the price in effect for your then-current subscription term). Any such changes will take effect following notice to you. 
2.  CANCELLATION TERMS: YOU MAY CANCEL YOUR SUBSCRIPTION AT ANY TIME BY GOING TO YOUR ACCOUNT SETTINGS PAGE OR EMAIL [email protected] (ATTN: LEGAL) FOR ASSISTANCE, EXCEPT THAT YOU WILL BE CHARGED SUBSCRIPTION FEES UNTIL THE EXPIRATION OF YOUR THEN CURRENT SUBSCRIPTION TERM AND SUBSCRIPTION FEES WILL NOT BE REFUNDED, IN WHOLE OR IN PART, SUBJECT TO APPLICABLE LAW. YOU WILL NOT BE ELIGIBLE FOR A PRO-RATED REFUND OF ANY PORTION OF THE SUBSCRIPTION FEES PAID FOR ANY UNUSED DAYS OF THE THEN-CURRENT SUBSCRIPTION TERM.  EPT CLINIC REQUIRES A REASONABLE AMOUNT OF TIME TO PROCESS YOUR SUBSCRIPTION CANCELLATION REQUEST. IF YOU CANCEL YOUR SUBSCRIPTION, YOU WILL ENJOY YOUR MEMBERSHIP BENEFITS UNTIL THE EXPIRATION OF THE THEN-CURRENT SUBSCRIPTION TERM FOR WHICH YOU HAVE PAID, AND YOUR MEMBERSHIP BENEFITS WILL EXPIRE AT THE END OF THE THEN-CURRENT SUBSCRIPTION TERM. 
3. Booking and cancelling assessments: A booking deposit of 50% is required for booking assessments. Rescheduling of assessment appointments are subject to a fee of €100. 14 days notification for re-scheduling an assessment is required. To cancel an assessment, cancellation notice is required 6 weeks prior to the assessment date. Full refund (minus 5% of the total cost of the services for related administration and clinical hours). Cancellation of an assessment within 6 weeks prior to the date is subject to 25% of the total cost of the services. Cancellation of an assessment within 4 weeks prior to the date is subject to 50% of the total cost of the services. Cancellation of an assessment with 2 weeks prior to date is subject to 100% of the total cost of the services. Cancellations due to critical incidences, serious illness or Covid-19 are not subject to cancellation fees. To avail of this policy, a doctor's certificate or other relevant documentation is required.
4. Refunds. EPT Clinic is confident that a EPT Clinic membership subscription or other services as named in earlier sections, will provide you with helpful resources, support and community. However, if you do not find the tools and support you need, email us at [email protected] and let us know. If you signed up for the Service via EPT Clinic’s Websites, email us within the first 14 days of initiation of your subscription stating that you want to discontinue your membership and we are unable to resolve your concern, we will offer you a full refund (“GI Guarantee”). Please allow approximately 3-5 business days for your refund to be processed and the refund will be applied to the payment card used to purchase the subscription. Refunds are not available on your subscription 14 days after purchase. Notwithstanding the foregoing, EPT Clinic reserves the right to deny you a GI Guarantee refund if EPT Clinic, in our sole discretion, determines or has a reasonable belief that you have already redeemed the GI Guarantee using your current account or via a new account you create. If you signed up for the Service via an App, any refund is subject to the applicable third party’s return policy. You can cancel within the settings of the applicable App store from which you purchased the subscription. For support in cancelling, contact the applicable App store directly for assistance.  The App from which you purchased your subscription is solely responsible for making refunds under its refund policy, and EPT Clinic will have no refund obligations for any such purchases. EPT Clinic is not liable for the Apps’ compliance or noncompliance with their own refund policies, and you release EPT Clinic from any claim relating to such policies. Regardless of which entity (EPT Clinic or the applicable App store) issues the refund, your membership benefits will expire upon the processing of your refund. For sake of clarity, you may not redeem or request more than one GI Guarantee refund from either entity under your current account nor create multiple accounts for the purpose of repeatedly taking advantage of the refund set forth in this Section or otherwise avoiding payment obligations under this Agreement.

30. GIFT CARDS.By purchasing, accepting or using a EPT Clinic gift card in physical or digital form (“Gift Card”), and in consideration for your right to use such Gift Card, you agree to be bound by these Terms of Use. All EPT Clinic Gift Cards expire on the date that is 1 years after issuance of such Gift Card. Gift Cards are not redeemable or refundable for cash or credit, unless required by law. Gift Cards may be redeemed only for 1 year or 1 quarter EPT Clinic memberships. You must have a EPT Clinic online account to redeem a Gift Card, and for automatic subscription renewal purposes, you will be required to enter credit card or debit card information to open a EPT Clinic account. EPT Clinic Gift Card memberships are subject to automatic renewal in accordance with the terms set forth in Section 11 above. WITHOUT  LIMITING THE TERMS OF SECTION 11, WHICH YOU SHOULD REVIEW IN FULL, UNLESS YOU HAVE CANCELED  YOUR SUBSCRIPTION PRIOR TO THE EXPIRATION OF THE GIFT CARD PERIOD, AS AUTHORIZED BY YOU  DURING THE MEMBERSHIP ACCOUNT SIGN-UP PROCESS, EPT CLINIC WILL AUTOMATICALLY CHARGE  YOU FOR THE FIRST MONTHLY, QUARTERLY OR YEARLY (AS APPLICABLE) SUBSCRIPTION FEE UPON THE EXPIRATION  OF THE GIFT CARD PERIOD AND EACH SUBSEQUENT MONTHLY, QUARTERLY OR YEARLY (AS APPLICABLE)  SUBSCRIPTION FEE ON THE MONTHLY, QUARTERLY OR YEARLY (AS APPLICABLE) ANNIVERSARY OF THE DATE OF THE  FIRST BILLING. YOU MAY CANCEL YOUR SUBSCRIPTION AT ANY TIME THROUGH YOUR ACCOUNT SETTINGS OR BY CONTACTING EPT CLINIC AT [email protected] (ATTN: LEGAL) PROVIDED THAT ANY SUBSCRIPTION FEES CHARGED PRIOR TO THE EFFECTIVE DATE OF CANCELLATION WILL NOT BE REFUNDED, IN WHOLE OR IN PART.
31.  (a) By entering Your email address and submitting the form related to email messages, you consent to receive marketing messages from EPT Clinic at the email provided. Consent is not a condition of any purchase. Message frequency will vary. EPT Clinic reserves the right to alter the frequency of messages sent at any time, so as to increase or decrease the total number of sent messages. EPT Clinic also reserves the right to change the email address from which messages are sent. If you need help, simply text HELP.

1.  To cancel or opt-out of receiving on-going messages, you agree to UNSUBSCRIBE. After this, you understand and agree that you will receive one additional message confirming that your opt-out request has been received. You acknowledge that our message platform may not recognize and respond to unsubscribe requests that do not include the word STOP, and You agree that EPT Clinic and its service providers will have no liability for failing to honor such requests. If you unsubscribe from one of our messages, you may continue to receive messages from EPT Clinic through any other programmes you have joined until you separately unsubscribe from those programmes.
2. EPT Clinic may leverage third-party service providers such as Kajabi Inc. (“Kajabi”) to perform all or parts of the obligations set forth in this section. Communications carried out by Kajabi are subject to Kajabi’s terms of service available at: https://legal.kajabi.com/?_gl=1*yu9s4r*_gcl_aw*R0NMLjE3MzE1MTM2NzcuQ2p3S0NBaUF1ZEc1QmhBUkVpd0FXTWxTak5QVlhqMXZfRFZkR1VrdDZONEZJVFh5c3BBUnY0aGVHbWI5Z0xfcUtCWWlwRU1vUWQ3YU9Cb0NPQmNRQXZEX0J3RQ..*_gcl_au*MzA0NDYxNDc0LjE3Mjk0MzgyODM.

34. THIRD-PARTY LINKS; AFFILIATE ADVERTISING. 
35. The Service contains links to websites, tools, and resources operated by parties other than EPT Clinic. In order for EPT Clinic to provide the Service to you, EPT Clinic may link to, incorporate, or integrate third party services such as Kajabi Ltd. (“Kajabi”) and Microsoft 365. By using these tools and features, you may be subject to certain terms and policies, including their terms of service, and all other applicable guides, statements, notices, and policies located on their websites. By using the third-party tools or functions, you hereby authorise EPT Clinic to transfer your information to the applicable third-party service. Third-party services are not under EPT Clinic’s control, and, to the fullest extent permitted by law, EPT Clinic is not responsible for any third-party service’s use of your exported information. The Service may also contain links to third-party websites. Linked websites are not under EPT Clinic’s control, and EPT Clinic is not responsible for their content. Please be sure to review the terms of use and privacy policy of any third-party services before you share any User Content or information with such third-party services. Once sharing occurs, EPT Clinic will have no control over the information that has been shared.  
36. UNSOLICITED INFORMATION.From time to time, you may send us unsolicited information or materials, including, without limitation, ideas or suggestions related to new or improved services, enhancements, names, technologies, advertising and marketing campaigns, plans, or promotions (collectively, “Unsolicited Information”). Notwithstanding the foregoing, EPT Clinic does not want to receive confidential or proprietary information from you, and you agree never to send to EPT Clinic any User Content that would violate or infringe any copyrights, trademarks, or any other intellectual property rights or other rights of third parties, including, without limitation, the rights of publicity or privacy. By  sending EPT Clinic any Unsolicited Information you grant to EPT Clinic, its affiliates and subsidiaries,  an unrestricted, irrevocable, perpetual, worldwide license to use, reproduce, display, perform, modify,  transmit and distribute such Unsolicited Information, and you also agree that EPT Clinic is free to use  any ideas, concepts, know-how or techniques that you send to it for any purpose, without attribution or  compensation to you of any kind. EPT Clinic has no obligation to review any Unsolicited Information.  These provisions do not govern EPT Clinic’s obligations with respect to your personal information, which obligations are set forth in EPT Clinic’s Privacy Policy.
37. INTELLECTUAL PROPERTY INFRINGEMENT.

1.  EPT Clinic respects the intellectual property rights of others, and we ask you to do the same. EPT Clinic may, in appropriate circumstances and at our discretion, terminate service and/or access to this Service for users who infringe the intellectual property rights of others. If you believe that your work is the subject of copyright infringement and/or trademark infringement and appears on our Service, please provide EPT Clinic’s designated agent the following information: 
2.  A physical or electronic signature of a person authorized to act on behalf of the owner of an exclusive right that is allegedly infringed.
3.  Identification of the copyrighted and/or trademarked work claimed to have been infringed, or, if multiple works at a single online Service are covered by a single notification, a representative list of such works at that Service. 
4.  Identification of the material that is claimed to be infringing or to be the subject of infringing activity and that is to be removed or access to which is to be disabled at the Service, and information reasonably sufficient to permit EPT Clinic to locate the material. 
5.  Information reasonably sufficient to permit EPT Clinic to contact you as the complaining party, such as an address, telephone number, and, if available, an electronic mail address at which you may be contacted. 
6.  A statement that you have a good faith belief that use of the material in the manner complained of is not authorized by the copyright and/or trademark owner, its agent, or the law. 
7.  A statement that the information in the notification is accurate, and under penalty of perjury, that you are authorized to act on behalf of the owner of an exclusive right that is allegedly infringed. 
8. EPT Clinic’s agent for notice of claims of copyright or trademark infringement on this Service can be reached as follows: 
9.  Attn: Lorraine Madden – [email protected]
10. Please also note that for copyright infringements under Section 512(f) of the Copyright Act, any person who knowingly materially misrepresents that material or activity is infringing may be subject to liability. 
11.  EPT Clinic reserves the right, in its sole discretion, to terminate the account or access of any user of our web Service and/or service who is the subject of repeated DMCA or other infringement notifications.
12. EPT Clinic assumes no responsibility for any consequence relating directly or indirectly to any action or inaction you take based on the Available Content or other information or material on this Service. Reliance on any information provided by EPT Clinic, EPT Clinic representatives or others contributing to the Service at the invitation of EPT Clinic, interaction with The EPT Clinic Ai Chatbot, or subscribers to the Service, is solely at your own risk. Always seek the advice of your qualified healthcare professionals with any questions you may have regarding a medical condition. Never disregard professional advice or delay in seeking it because of something you have read on this Service.

50. LIMITATION OF LIABILITY AND DISCLAIMER OF WARRANTIES.TO THE MAXIMUM EXTENT  PERMITTED BY APPLICABLE LAW, THE SERVICE, SERVICES, AND ANY INFORMATION OR MATERIAL CONTAINED  OR PRESENTED ON THE SERVICE IS PROVIDED TO YOU ‘AS IS’ AND ‘AS AVAILABLE’, WITHOUT ANY  REPRESENTATIONS, GUARANTEES OR WARRANTIES OF ANY KIND, EITHER EXPRESS, STATUTORY OR  IMPLIED, INCLUDING ANY IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR  PURPOSE, AND/OR NON-INFRINGEMENT, OR RELATING TO THE QUALITY, SUITABILITY, OPERABILITY,  CONDITION, TRUTH, ACCURACY, ABSENCE OF DEFECTS, WHETHER LATENT OR PATENT, OR  COMPLETENESS OF ANY INFORMATION OR MATERIAL CONTAINED OR PRESENTED ON THE SERVICE, AND WE ARE NOT RESPONSIBLE FOR ANY DAMAGE TO YOUR PROPERTY (INCLUDING YOUR COMPUTER SYSTEM OR MOBILE DEVICE USED IN CONNECTION WITH THE SERVICE). TO THE  MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, IN NO CASE SHALL EPT CLINIC BE LIABLE FOR ANY  INJURY, LOSS, CLAIM, OR ANY DIRECT, INDIRECT, INCIDENTAL, PUNITIVE, SPECIAL, OR CONSEQUENTIAL  DAMAGES OF ANY KIND, INCLUDING, WITHOUT LIMITATION, LOST PROFITS, LOST SAVINGS, LOSS OF  DATA, OTHER ECONOMIC ADVANTAGE OR ANY SIMILAR DAMAGES, WHETHER BASED IN CONTRACT, TORT  (INCLUDING NEGLIGENCE), STRICT LIABILITY, OR OTHERWISE, ARISING FROM: (A) YOUR USE OF THE  AVAILABLE CONTENT OR OTHER PARTS OF THE SERVICE; (B) THE SERVICE’S SECURITY, OPERABILITY, OR  AVAILABILITY; (C) ANY INFORMATION, ADVICE, SERVICES, OR GOODS OBTAINED THROUGH OR  ADVERTISED ON THE SERVICE; (D) STATEMENTS, CONDUCT, INTERACTIONS, OR DEALINGS WITH ANY OTHER  SERVICE MEMBER OR THIRD PARTY; OR (E) ANY OTHER CLAIM RELATED IN ANY WAY TO THE SERVICE – EVEN IF  ADVISED OF THE POSSIBILITY OF SUCH INJURY, LOSS, CLAIM, OR DAMAGES. Our liability to you or any third parties in any circumstance is limited to the greater of $100 or the amount of fees, if any, you paid to us in the twelve months prior to the action that may have given rise to liability. The limitations set forth in these Terms do not limit EPT Clinic’s liability for gross negligence, fraud, or intentional, malicious, or reckless misconduct. Further, because some jurisdictions do not allow the limitation of liability for consequential or incidental damages, in such jurisdictions EPT Clinic’s liability shall be limited to the maximum extent permitted by law. If you are based in the EU, you may have additional legal remedies.

1.  INDEMNIFICATION. To the full extent permitted by applicable law, you agree to indemnify, defend,  and hold EPT Clinic and its officers, directors, shareholders, employees, contractors, and agents  harmless from any costs, damages, liabilities, and expenses (including attorneys’ fees and costs of defense) suffered in relation to or arising from any claim or demand made by any third party due to or  arising out of your violation of these Terms; your use, misuse, or abuse of the Service; your User Content;  your violation of any law, statute, ordinance or regulation; or your violation of the rights of a third party.  You agree to cooperate with EPT Clinic in defending such claims and not to settle any claim without EPT Clinic’s prior written consent.

1.  DISPUTE RESOLUTION BY BINDING ARBITRATION; CLASS ACTION WAIVER; JURY WAIVER; GOVERNING LAW AND VENUE.

1.  PLEASE READ THIS SECTION CAREFULLY AS IT AFFECTS YOUR RIGHTS. 
2.  Please read this Section carefully. It provides that all Disputes between you and EPT Clinic shall be resolved by binding arbitration. Arbitration replaces the right to go to court. In the absence of this arbitration agreement, you may otherwise have a right or opportunity to bring claims in a court, before a judge or jury, and/or to participate in or be represented in a case filed in court by others (including, but not limited to, class actions). Except as otherwise provided, entering into these Terms constitutes a waiver of your right to litigate claims and all opportunity to be heard by a judge or jury. There is no judge or jury in arbitration, and court review of an arbitration award is limited. The arbitrator must follow these Terms and can award the same damages and relief as a court (including attorney’s fees). 
3.  WE EACH AGREE THAT, EXCEPT AS PROVIDED BELOW, ANY AND ALL DISPUTES, AS DEFINED BELOW, WHETHER PRESENTLY IN EXISTENCE OR BASED ON ACTS OR OMISSIONS IN THE PAST OR IN THE FUTURE, WILL BE RESOLVED EXCLUSIVELY AND FINALLY BY BINDING ARBITRATION RATHER THAN IN COURT IN ACCORDANCE WITH THIS PROVISION. 
4.  (a) Pre-Arbitration Claim Resolution. Before making a claim, you and EPT Clinic agree to try to resolve any disputes through good faith discussions. For the purpose of this Section, “EPT Clinic” means EPT Clinic and its parents, subsidiary, and affiliate companies, and each of their respective officers, directors, employees, and agents. As used herein, the term “Dispute” means any dispute, claim, or controversy  regarding, arising out of or relating to these Terms, any aspect of your relationship with EPT Clinic, or  your use of the Service, whether based in contract, statute, regulation, ordinance, tort (including, but not  limited to, fraud, misrepresentation, fraudulent inducement, or negligence), or any other legal or  equitable cause of action or claim for relief, and includes the validity, enforceability or scope of this Section  (with the exception of the enforceability of the Class Action Waiver clause below), but excluding any claims  EPT Clinic may make for injunctive or other equitable relief. You or EPT Clinic may initiate this dispute resolution process by sending written notice describing the dispute and the proposed resolution. That written notification must include (1) your name, (2) your address, (3) a written description of your Dispute, and (4) a description of the specific relief you seek. In the event that you and EPT Clinic cannot resolve the issue within ninety (90) days following receipt of the initial notice, either party may bring a Dispute in accordance with the remainder of this Section 20. 
5.  (b) Jurisdiction. You agree that the Service shall be deemed a passive website based solely in New York that does not give rise to personal jurisdiction over EPT Clinic, either specific or general, in jurisdictions other than New York. These Terms shall be governed by the internal substantive laws of the State of New York, without respect to its conflict of laws principles. Notwithstanding the foregoing, any arbitration conducted pursuant to these Terms shall be governed by the Federal Arbitration Act (9 U.S.C. §§ 1-16). The application of the UN Convention on Contracts for the International Sale of Goods is expressly excluded.  You agree to submit to the personal jurisdiction of the federal and state courts located in New York County, New York for any actions for which EPT Clinic may seek injunctive or other equitable relief in a court of competent jurisdiction to prevent the actual or threatened infringement, misappropriation or violation of its intellectual property or proprietary rights, including any provisional relief required to prevent irreparable harm. You agree that New York County, New York is the proper forum for any appeals of an arbitration award or for trial court proceedings in the event that the arbitration provision below is found to be unenforceable. 
6.  (c) Arbitration Procedures; Location of Arbitration. For any Dispute not settled pursuant to Section 20(a), you and EPT Clinic agree to resolve such Dispute by binding arbitration by JAMS, under the Optional Expedited Arbitration Procedures then in effect for JAMS, except as provided herein. The JAMS rules are available at www.jamsadr.com or by calling 1-800-352-5267. This Section governs in the event it conflicts with the applicable arbitration rules. Under no circumstances will class action or representative action procedures or rules apply to the arbitration. The arbitration will be conducted in New York County, New York, unless you and EPT Clinic agree otherwise. You may sue in a small claims court of competent jurisdiction without first engaging in arbitration, but this does not absolve you of your commitment to engage in the informal dispute resolution process. Any judgment on the award rendered by the arbitrator may be entered in any court of competent jurisdiction. Nothing in this Section shall be deemed as preventing EPT Clinic from seeking injunctive or other equitable relief from the courts as necessary to prevent the actual or threatened infringement, misappropriation, or violation of our intellectual property rights or other rights in our Available Content or other aspects of the Service. 
7.  (d) Class Action Waiver; Jury Waiver. Where permitted under applicable law, you agree to bring claims against EPT Clinic only in your individual capacity and not as a plaintiff or class member in any purported class or representative action. Unless EPT Clinic agrees, no action or court of law may consolidate more than one person’s claims, or otherwise preside over any form of a representative, consolidated or class proceeding, against EPT Clinic. This waiver applies to class arbitration, and, unless EPT Clinic agrees otherwise, the arbitrator may not consolidate more than one person’s claims, and may not otherwise preside over any form of a class or representative proceeding or claims (such as a class action, consolidated action, representative action, or private attorney general action). You understand and agree that by entering into these Terms you and EPT Clinic are each waiving the right to a trial by jury or to participate in a class action, collective action, private attorney general action, or other representative proceeding of any kind. Notwithstanding the foregoing, per Section 25, this Section 20(d) shall be deemed deleted in the event that it is illegal or unenforceable under applicable law. 
8.  (e) Severability; Survival. If any clause within this Section (other than the Class Action Waiver clause above) is found to be illegal or unenforceable, that clause will be severed from this Section, and the remainder of this Section will be given full force and effect. If the Class Action Waiver clause is found to be illegal or unenforceable, this entire Section will be unenforceable and the Dispute will be decided by a court. This Section shall survive the termination of your service with EPT Clinic or its affiliates.

59. TERM AND TERMINATION.These Terms are effective beginning when you accept the Terms or first download, install, access, or use the Service, and ending when terminated as described in this Section 21. You agree that EPT Clinic, in its sole discretion, may suspend or terminate your use of the Service and may remove any User Content or other data within the Service, for any reason, including, without limitation, if EPT Clinic believes that you have violated or acted inconsistently with the letter or spirit of these Terms of Use, if it is in the best interest of the EPT Clinic Member community, or to protect our brand. Any suspected fraudulent, abusive, or illegal activity that may be grounds for termination of your use of the Service may be referred to appropriate law enforcement authorities. EPT Clinic may also in its sole discretion and at any time discontinue providing any or all Available Content or any other part of the Service, with or without notice. You agree that any termination of your access to the Service under any provision of these Terms of Use may be effected without prior notice, and acknowledge and agree that EPT Clinic may immediately deactivate or delete your account and all related information and files in your account and/or bar any further access to your account or the Service. In the event that you have a paid subscription to the Service and EPT Clinic terminates your access to the Service for any reason other than your breach of these Terms of Use, then EPT Clinic will refund you the prorated portion of any subscription fees which you have paid but not yet used. Except for the foregoing limited circumstance, you agree that EPT Clinic will not be liable to you or any third party for any termination of your access to the Service. Upon termination or upon your written request to EPT Clinic, EPT Clinic will work with you to delete your User Content.
60.  These Terms are not assignable, transferable, or sublicensable by you except with EPT Clinic’s prior written consent, but may be assigned or transferred by us to any affiliate or subsidiary, or in connection with a merger, acquisition, reorganisation, sale of EPT Clinic’s assets, or similar transaction.
61. ADDITIONAL TERMS.The Service is controlled and operated from the United States. Those who access or use the Service from other jurisdictions do so at their own risk and are solely responsible for compliance with all applicable United States and local laws and regulations, including but not limited to export and import regulations. You may not use the Service if you are a resident of a country embargoed by the United States, or are a foreign person or entity blocked or denied by the United States government. The headings used in these Terms of Use are included for convenience only and will not limit or otherwise affect these Terms.  If any provision of these Terms is held by any court or administrative body of competent jurisdiction to be invalid, illegal, or unenforceable in any respect under any applicable law or rule in any jurisdiction, such invalidity, illegality, or unenforceability will not affect the validity of the remaining provisions herein, or the validity of all provisions in another jurisdiction. No joint venture, partnership, employment, or agency relationship exists between you and EPT Clinic as a result of these Terms or your use of the Service. EPT Clinic’s performance of these Terms is subject to existing laws and legal process, and nothing contained in these Terms is in derogation of EPT Clinic’s right to comply with law enforcement requests or requirements relating to your use of the Service or information provided to or gathered by EPT Clinic with respect to such use. These Terms constitute the entire agreement between you and EPT Clinic with respect to the Service and they supersede all prior or contemporaneous communications and proposals, whether electronic, oral, or written, between you and EPT Clinic with respect to the Service. The intellectual property rights, disclaimer of warranties, representations made by you, indemnities, limitations of liability and general provisions shall survive any termination of these Terms.
62. NOTICE REGARDING APPLE. This Section 26 only applies to the extent you are using our mobile application on an iOS device. You acknowledge that these Terms are between you and EPT Clinic only, not with Apple Inc. (“Apple”), and Apple is not responsible for the Service or the content of it. Apple has no obligation to furnish any maintenance and support services with respect to the Service. If the Service fails to conform to any applicable warranty, you may notify Apple, and Apple will refund any applicable purchase price for the mobile application to you. To the maximum extent permitted by applicable law, Apple has no other warranty obligation with respect to the Service. Apple is not responsible for addressing any claims by you or any third party relating to the Service or your possession or use of the Service, including: (a) product liability claims; (b) any claim that the Service fails to conform to any applicable legal or regulatory requirement; or (c) claims arising under consumer protection or similar legislation. Apple is not responsible for the investigation, defense, settlement, and discharge of any third-party claim that the Service or your possession and use of the Service infringe a third party’s intellectual property rights. You agree to comply with any applicable third-party terms when using the Service. Apple and Apple’s subsidiaries are third-party beneficiaries of these Terms, and upon your acceptance of these Terms, Apple will have the right (and will be deemed to have accepted the right) to enforce these Terms against you as a third-party beneficiary of these Terms. You hereby represent and warrant that: (a) you are not located in a country that is subject to a U.S. Government embargo or that has been designated by the U.S. Government as a “terrorist supporting” country; and (b) you are not listed on any U.S. Government list of prohibited or restricted parties.