TERMS AND CONDITIONS

Welcome to http://drmcayla.com, a website owned and operated by Sarno Psychotherapy Services, Inc., (“we,” “our,” “us,” or “the Company”) a California corporation that engages in psychotherapy services within (in person and remotely) the State of California, under the license of Dr. Mcayla Sarno, and non-psychotherapy services both within and outside of the State of California.

By visiting our website, creating a profile, purchasing any product/service or by clicking the “I accept” or “I agree” button while purchasing a subscription, you denote your legally-binding agreement to the following Terms and Conditions. If you do not agree to these terms and conditions, we encourage you to close this webpage.

The company reserves the rights to modify these Terms and Conditions at any time without prior notice, so we encourage you to visit this page regularly.

We reserve the rights to change or terminate any feature or service; we may restrict your access to some portions of website in the event we find that you are engaging in an activity that is inappropriate or in violation of these terms and conditions. You are not permitted to engage in any illegal activity either with or to the website.

You must create an account on our website in order to purchase goods or services. We are not responsible for the username and password details of you or others. Do not share your login information with anyone else. In case you forget your password, you can use “forgot password” option in the sign-in section of our website.

Minimum Age: To purchase the goods or services of this website, you must be 18 years of age or older. By using this website and/or purchasing our monthly subscription, you agree that you are at least 18 years of age or older. In the event that you are under the age of 18, you must have the express permission of your parent or legal guardian prior to purchasing any goods or services.

Use of Website and Service

As a user of this website or a user/registrant of any of this website’s services, you agree:

1. Personal Use – Your account is solely for your own, personal use. You may not allow others to access or use your account. You may not transfer your account to any other person. You agree that we, as the owners of this website, are not responsible for third party access to your account that in any way results in theft or illegal usage, storage, or sale of your personal information.
2. Reporting of Violations – You will immediately contact us when you see (i) any possible violation of the Agreement by anyone, and (ii) any unauthorized access to your account, whether known or not.
3. Content Removal – Any information or content you submit to the Services or in the public area will be available to us for monitoring. We keep the right to remove any information that in any way violates any possible law of the Services or any third party.
4. No False Information – You agree that every content or information you provide will not be inaccurate, false or misleading. Neither to us nor to any user. If any information or content becomes as such, you will quickly contact us of the change that happened.
5. No Advertising or Commercial Solicitation – Our messaging systems automatically scan all incoming (email and other) messages and filter out messages that may appear to be spam. We may also report any incoming email as spam. This can result in IP addresses and domain names being blacklisted. Users may not use our messaging facility or any of our other services to store, copy, relay, send or distribute spam. You must not send any chain letters, spam or junk email to other users of the Services. Furthermore, you agree that the information that you get from the Services will not be used by you in means of selling, advertising and such until the approval of the other user. By agreeing with this you acknowledge the fact that any breach of the terms will cause significant damages to us, that such damage will be hard to assess, and that we may take any action we deem necessary as outlined within these Terms of Service in order to enforce this policy – and that you disclaim any loss as a result of such enforcement.
6. No Harassment of Employees or Agents – You agree that you will not harass, pressure or threaten any agents or employees that are responsible with providing the Services to you.
7. Refund Policy for Information Products – Information products are designed to be performed to completion; failure to complete a course will reduce or eliminate its effect upon the customer. Therefore, completion of courses and other information products is mandatory in order for a customer to receive a refund of the purchase price for that information product. If the customer does complete the entire product, a process which is verifiable through the platforms on which such are viewed, the customer is entitled to a full refund of the purchase price if a request is submitted to operations@drmcayla.com within thirty (30) days of the completion of the course or other information product. Though Sarno Psychotherapy Services, Inc. strongly believes in the value of the advice found within its information products, results are not guaranteed. Sarno Psychotherapy Services, Inc. disclaims any express or implied warranties.
8. Refund Policy for Therapy and Coaching – Refunds for therapy and/or coaching will not be provided under any circumstances.

We reserve the right to withdraw or change website features at any time and by any means without prior notice. This may result or be resultant from a mistake, malware, technical issue, glitches, fraudulence, illegal involvement, tampering, or any other reason that interferes with or prohibits the appropriate conduct of this website, company, or campaigns. However, Sarno Psychotherapy Services, Inc. will not be held liable for these issues or any and all damages they may cause. We reserve the rights to change the pricing structure on any product we choose, at any time and without prior warning.

You acknowledge that all the emails, phone number, credit card and other information you provide us belongs to you and you are not using any fake information.

User Conduct:

• When creating a profile, purchasing our membership, contacting other members, posting anything on our social media accounts, or visiting any page, you will NOT:
• Disclose any confidential information about other users without their permission
• Engage in any kind of offensive behavior (pornography, racism, abusiveness, harassment etc.)
• Forward chain letters using our website
• Use picture that does not belong to you. You are not permitted to impersonate anyone.
• Infringe any third party’s rights
• Upload any malicious software, virus etc that could disrupt the working of system tools, servers, networks
• Try to sell other users’ information to third parties
• Try to access our services through automated robots, or conduct attacks such as Denial of Service
• Promote products/services on our website.

Trademarks and Copyright Ownership

All data and content, in any form, contained by or offered through the website and all intellectual property rights relating to said content are the sole property of Sarno Psychotherapy Services, Inc.. This includes all information, content, photographs, articles, text, video, images, functions, or other content. You acknowledge and agree that this content is protected by copyrights, trademarks, trade secrets, or other proprietary rights, and that these rights are valid and protected in all forms, media and technologies existing now or hereinafter developed. All Content is copyrighted as a collective work under the U.S. copyright laws, and Sarno Psychotherapy Services, Inc. owns a copyright in the selection, coordination, arrangement, and enhancement of such Content. User may not modify, remove, delete, augment, add to, publish, transmit, participate in the transfer or sale of, create derivative works from, or in any way exploit any of the Content, in whole or in part. If no specific restrictions are displayed, Users may make copies of select portions of the Content, provided that the copies are made only for User’s personal use and that User maintains any notices contained in the Content, such as all copyright notices, trademark legends, or other proprietary rights notices. Except as provided in the preceding sentence or as permitted by the fair use privilege under the US copyright laws (see, e.g., 17 U.S.C. Section 107), User may not upload, post, reproduce, or distribute in any way Content protected by copyright, or other proprietary right, without obtaining permission of the owner of the copyright or other propriety right. In addition to the foregoing, use of any software Content shall be governed by the software license agreement accompanying such software.

We may add some third party products/services on our website and in that case, the product copyrights belongs to the creator or successor in interest of the creator. We may also sell products/services as an affiliate so some of the products will be added to our website from other companies. We are not liable for any problem arising out of their contents, description, products etc. Under no circumstances shall Sarno Psychotherapy Services, Inc., its affiliates, or any of their officers, directors, employees, or agents be liable for any loss, damage or harm caused by a user’s reliance on information obtained through the DrMcayla.com Web site. It is your responsibility to evaluate the information, opinion, advice, or other content available through the DrMcayla.com website.

This website itself or any section of this website may not be duplicated, sold, reproduced, copied, resold, visited, or otherwise used for commercial purposes excluding the possession of express written consent from the website or company owner(s). You may not utilize “hidden text”, hereafter defined as being of the same purpose as metatags, without the company’s express written consent. Any unauthorized use of hidden text terminates any license granted by the company and associated companies and voids these Terms and Conditions. You may be prosecuted for such actions.

Disclaimer

THE DRMCAYLA.COM WEB SITE IS PROVIDED BY SARNO PSYCHOTHERAPY SERVICES, INC. ON AN “AS IS” AND “AS AVAILABLE” BASIS. TO THE FULLEST EXTENT PERMISSIBLE BY APPLICABLE LAW, SARNO PSYCHOTHERAPY SERVICES, INC. DISCLAIMS ALL IMPLIED WARRANTIES.

WITHOUT LIMITING THE FOREGOING, DR. MCAYLA SARNO. MAKES NO REPRESENTATION OR WARRANTY OF ANY KIND, EXPRESS OR IMPLIED: (I) AS TO THE OPERATION OF THE DRMCAYLA.COM WEB SITE, OR THE INFORMATION, CONTENT, MATERIALS OR PRODUCTS INCLUDED THEREON; (II) THAT THE DRMCAYLA.COM WEB SITE WILL BE UNINTERRUPTED OR ERROR-FREE; (III) AS TO THE ACCURACY, RELIABILITY, OR CURRENCY OF ANY INFORMATION, CONTENT, SERVICE, OR MERCHANDISE PROVIDED THROUGH THE DRMCAYLA.COM WEB SITE; OR (IV) THAT THE DRMCAYLA.COM WEB SITE, ITS SERVERS, OR E-MAIL SENT FROM OR ON BEHALF OF DRMCAYLA.COM ARE FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS. DRMCAYLA.COM DOES NOT GUARANTEE THE CONTINUOUS, UNINTERRUPTED OR SECURE ACCESS TO THE DRMCAYLA.COM WEB SITE OR ANY RELATED SERVICES. THE OPERATION OF THE DRMCAYLA.COM WEB SITE MAY BE INTERFERED WITH BY NUMEROUS FACTORS OUTSIDE THE CONTROL OF SARNO PSYCHOTHERAPY SERVICES, INC.
UNDER NO CIRCUMSTANCES SHALL SARNO PSYCHOTHERAPY SERVICES, INC. OR NICOLE WALTERS BE LIABLE FOR ANY DAMAGES THAT RESULT FROM THE USE OF OR INABILITY TO USE THE DRMCAYLA.COM WEB SITE, INCLUDING BUT NOT LIMITED TO RELIANCE BY A USER ON ANY INFORMATION OBTAINED FROM THE DRMCAYLA.COM WEB SITE OR THAT RESULT FROM MISTAKES, OMISSIONS, INTERRUPTIONS, DELETION OF FILES OR EMAIL, ERRORS, DEFECTS, VIRUSES, DELAYS IN OPERATION OR TRANSMISSION, OR ANY FAILURE OF PERFORMANCE, WHETHER OR NOT RESULTING FROM ACTS OF GOD, COMMUNICATIONS FAILURE, THEFT, DESTRUCTION, OR UNAUTHORIZED ACCESS TO DRMCAYLA.COM’S RECORDS, PROGRAMS, OR SERVICES. USER HEREBY ACKNOWLEDGES THAT THIS PARAGRAPH SHALL APPLY TO ALL CONTENT, MERCHANDISE, AND SERVICES AVAILABLE THROUGH THE DRMCAYLA.COM WEB SITE.
CERTAIN STATE LAWS DO NOT ALLOW LIMITATIONS ON IMPLIED WARRANTIES OR THE EXCLUSION OR LIMITATION OF CERTAIN DAMAGES. IF THESE LAWS APPLY TO A USER, SOME OR ALL OF THE ABOVE DISCLAIMERS, EXCLUSIONS, OR LIMITATIONS MAY NOT APPLY TO SUCH USER, AND SUCH USER MAY HAVE ADDITIONAL RIGHTS.

Products and Services

All the products or services made available on this website are intended solely for personal or small business use. You may not transfer, re-sell, assign, or dispose of any service without the prior written consent of the company. We reserve the right to cancel any membership if it appears that it is of fraudulent or inappropriate nature. Prices, promotions, and campaigns are subject to change without prior notice.

Services Offered

As of the most recent revision date, the services offered by Sarno Psychotherapy Services, Inc., through this website, are as follows:
1. Five-day “intensives” for Eye Movement Desensitization and Reprocessing (“EMDR”) therapy – the reservation of a block of time, in person, at the office of Dr. Mcayla Sarno in Mission Viejo, California, wherein with sessions for five (5) days in a row, patients are guided through the deeper traumas, convictions, and related memories of their own minds through a combination of psychology and neurology, with one of the leading experts in the cutting-edge field that has steadily gained practitioners and proselytes since its inception in 1988.

2. Individual therapy session – the booking of single, or multiple, in-office psychotherapy sessions with Dr. Mcayla Sarno. Also exclusively available for residents of California for whom the Mission Viejo office would be inconvenient: the booking of Skype or other video chat sessions. The therapy will focus on the constructs of teaching techniques, engaging in exercises, and examining the past.

3. Remote coaching – for those within and outside of California, an option exists for remote coaching, conducted via Skype or other video chat method. Coaching differs from therapy in that it is exclusively present and future focused, and does not and cannot engage in any form of retrospective analysis regarding the psychology of the coaching client (as distinct from a therapy patient). If it is determined by Dr. Mcayla that coaching is insufficient for the needs of a client, that client will be encouraged to seek psychotherapy help with a reputable practitioner in their area, either in conjunction with coaching by Dr. Mcayla, as agent for the Company, or in place of such advice and assistance from the Company.

4. Online programs, guided courses, and other information products – the Company makes available for purchase a variety of information products related to psychotherapy, mindset coaching, and other issues. These products are self-directed on the part of the customer, who is able to use such products either in conjunction with therapy (through the Company or otherwise) or independent of therapy. Like any journey, that of self-discovery is not without risk, and travelers are urged to take safety measures. If in the course of engaging in introspection or other activities under the guidance of the product, the customer begins to experience raw or otherwise difficult or confusing emotions, that individual is encouraged to seek licensed therapy as soon as possible, particularly if such therapy has not already been in process.

Indemnification

You agree to defend, indemnify, and hold harmless the company and any associated companies and their associates from and against all liabilities, damages, and costs resulting from the violation of these terms and conditions. This wrongful or negligent conduct, whether conducted by yourself or any other person accessing the website using your information, will be assumed to have been conducted by you and is in no way reflective upon or liable to the website or its company.

Our Liability

We do not guarantee any measure of accuracy of our content and information on our website or any associated social media platforms. We do not guarantee accuracy for any warranties, liability, or any other damages caused by violation of this agreement. The following is a list where we do not offer accuracy:

Any form of warranty posted on any terms or through any medium which might be implied by law

Any form of liability attached to any loss or damages from using our website. Said loss or damages have no limitations and result from the posts of other users, by using our website, or any hyperlinks or advertisements that are in any way associated with our website. They can include:

○ Data loss
○ Monetary loss
○ Contract loss
○ Company loss
○ Information breach
○ Income loss

Privacy Policy

Sarno Psychotherapy Services, Inc. respects the privacy of its users. Your identity, information, and other personal data will be kept in the strictest confidence to the extent possible given the structure of your purchase of a course, program, session, or other product or service. The terms and conditions of the DrMcayla.com Privacy Policy, are incorporated herein by reference.

Disclosures to Third Parties Not Protected

Any protection afforded by law in your benefit and against Sarno Psychotherapy Services, Inc., such as HIPAA compliance requirements for therapy patients, is not and cannot be extended to any third parties, including but not limited to group therapy participants, in person or in online forums such as Facebook® groups organized by the Company. Therefore, your voluntary participation in forums, including those created by the Company, that indirectly result in the publication of your personal information, including your name, likeness, and psychological issues, are by virtue of your use of these forums, you demonstrate both an express understanding of the inherent risks and permanently release the Company and Dr. Mcayla Sarno from any liability for such disclosure.

Payments

Payments for products and services from the Company are made through third party resources, including PayPal, Square, Stripe, and directly through merchants for online courses and programs such as Kajabi.com. The Company cannot be held liable for any breach of security or protocol by these third party entities, and in using them, you agree that if you are damaged in some way as a result of their behavior, that you will pursue only the party that is directly involved in a breach of your information, and will hold the Company and Dr. Mcayla Sarno harmless in such matters.

Testimonial page

If you voluntarily choose to share your personal story on the testimonial page, any identifying information that you do provide will be publicly posted and you would irrevocably absolve the Company and Dr. Mcayla Sarno from any liability for your own public disclosure on that forum. Should you decide after the fact that you were mistaken in posting your personal information publicly, you may contact operations@drmcayla.com with a request to remove the testimonial. The removal will be effected within a commercially reasonable period of time, but under no circumstances longer than 7 days.

Use of Third-Party Document Hosting

Forms for all medically-sensitive information subject to HIPAA compliance will be hosted and delivered exclusively through AdobeSign.com. In the event of a breach of your own e-mail inbox, or the AdobeSign.com server, DrMcayla.com will not be liable for any HIPAA violations or other damages as a result of the unauthorized disclosure of Personal Health Information (PHI).

Termination of Usage

We may suspend or terminate any user’s access to all or any part of the DrMcayla.com website including any account thereon, without notice, for any reason in our sole discretion.

Acknowledgment

These Terms of Use, including all documents referenced herein, represent the entire understanding between you and Sarno Psychotherapy Services, Inc. regarding your relationship with DrMcayla.com and Sarno Psychotherapy Services, Inc., and supersedes any prior statements or representations. When visiting the DrMcayla.com website or making a purchase therefrom, YOU AGREE TO BE BOUND BY THESE TERMS OF USE.

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