TERMS OF SERVICE AGREEMENT
PLEASE READ THE FOLLOWING TERMS OF SERVICE AGREEMENT
CAREFULLY. BY ACCESSING OR USING OUR SITES AND OUR SERVICES, YOU
HEREBY AGREE TO BE BOUND BY THE TERMS AND ALL TERMS
INCORPORATED HEREIN BY REFERENCE. IT IS THE RESPONSIBILITY OF YOU,
THE USER, CUSTOMER, OR PROSPECTIVE CUSTOMER TO READ THE TERMS
AND CONDITIONS BEFORE PROCEEDING TO USE THIS SITE. IF YOU DO NOT
EXPRESSLY AGREE TO ALL OF THE TERMS AND CONDITIONS, THEN PLEASE
DO NOT ACCESS OR USE OUR SITES OR OUR SERVICES. THIS TERMS OF
SERVICE AGREEMENT IS EFFECTIVE AS OF 03/06/2024.
ACCEPTANCE OF TERMS
The following Terms of Service Agreement (the "TOS") is a legally binding agreement that
shall govern the relationship with our users and others which may interact or interface with
True Grit Performance Counseling, PLLC, also known as True Grit, located at 3609 Austin
Bluffs Parkway, Ste 31 #277, Colorado Springs, Colorado 80918 and our subsidiaries and
affiliates, in association with the use of the True Grit website, which includes
www.truegritperformancecounseling.com, (the "Site") and its Services, which shall be defined
below.
DESCRIPTION OF WEBSITE SERVICES OFFERED
The Site is a blog professional services which has the following description:
This website is designed to advertise services offered by True Grit Performance Counseling,
PLLC and to provide basic, general mental health information. This website is not a substitute
for therapy. Use of this website does not construct a therapeutic relationship with Stacy
Andrews, LPC or any other person affiliated with True Grit Performance Counseling, PLLC.
Any and all visitors to our site shall be deemed as "users" of the herein contained Services
provided for the purpose of this TOS.
The user acknowledges and agrees that the Services provided and made available through our
website and applications, which may include some mobile applications and that those
applications may be made available on various social media networking sites and numerous
other platforms and downloadable programs, are the sole property of True Grit Performance
Counseling, PLLC. At its discretion, True Grit Performance Counseling, PLLC may offer
additional website Services and/or products, or update, modify or revise any current content
and Services, and this Agreement shall apply to any and all additional Services and/or
products and any and all updated, modified or revised Services unless otherwise stipulated.
True Grit Performance Counseling, PLLC does hereby reserve the right to cancel and cease
offering any of the aforementioned Services and/or products. You, as the end user
acknowledge, accept and agree that True Grit Performance Counseling, PLLC shall not
be held liable for any such updates, modifications, revisions, suspensions or
discontinuance of any of our Services and/or products. Your continued use of the
Services provided, after such posting of any updates, changes, and/or modifications
shall constitute your acceptance of such updates, changes and/or modifications, and as
such, frequent review of this Agreement and any and all applicable terms and policies
should be made by you to ensure you are aware of all terms and policies currently in
effect. Should you not agree to the updated, revised or modified terms, you must stop
using the provided Services forthwith.
Furthermore, the user understands, acknowledges and agrees that the Services offered
shall be provided "AS IS" and as such True Grit Performance Counseling, PLLC shall not
assume any responsibility or obligation for the timeliness, missed delivery, deletion and/
or any failure to store user content, communication or personalization settings.
PRIVACY POLICY
Every user's registration data and various other personal information are strictly protected
by the True Grit Performance Counseling, PLLC Online Privacy Policy (see the full Privacy
Policy at https://www.truegritperformancecounseling.com/privacy-policy). As a user, you
herein consent to the collection and use of the information provided, including the transfer of
information within the United States and/or other countries for storage, processing or use by
True Grit Performance Counseling, PLLC and/or our subsidiaries and affiliates.
CAUTIONS FOR GLOBAL USE AND EXPORT AND IMPORT COMPLIANCE
Due to the global nature of the internet, through the use of our network you hereby agree to
comply with all local rules relating to online conduct and that which is considered acceptable
Content. Uploading, posting and/or transferring of software, technology and other technical
data may be subject to the export and import laws of the United States and possibly other
countries. Through the use of our network, you thus agree to comply with all applicable export
and import laws, statutes and regulations, including, but not limited to, the Export
Administration Regulations (http://www.access.gpo.gov/bis/ear/ear_data.html), as well as the
sanctions control program of the United States (http://www.treasury.gov/resource-center/
sanctions/Programs/Pages/Programs.aspx). Furthermore, you state and pledge that you:
a) are not on the list of prohibited individuals which may be identified on any government
export exclusion report (http://www.bis.doc.gov/complianceandenforcement/
liststocheck.htm) nor a member of any other government which may be part of an
export-prohibited country identified in applicable export and import laws and
regulations;
b) agree not to transfer any software, technology or any other technical data through the
use of our network Services to any export-prohibited country;
c) agree not to use our website network Services for any military, nuclear, missile,
chemical or biological weaponry end uses that would be a violation of the U.S. export
laws; and
d) agree not to post, transfer nor upload any software, technology or any other technical
data which would be in violation of the U.S. or other applicable export and/or import
laws.
CONTENT PLACED OR MADE AVAILABLE FOR COMPANY SERVICES
True Grit Performance Counseling, PLLC shall not lay claim to ownership of any content
submitted by any visitor or user, nor make such content available for inclusion on our website
Services. Therefore, you hereby grant and allow for True Grit Performance Counseling, PLLC
the below listed worldwide, royalty-free and non-exclusive licenses, as applicable:
a) The content submitted or made available for inclusion on the publicly accessible areas
of True Grit Performance Counseling, PLLC's sites, the license provided to permit to
use, distribute, reproduce, modify, adapt, publicly perform and/or publicly display said
Content on our network Services is for the sole purpose of providing and promoting
the specific area to which this content was placed and/or made available for viewing.
This license shall be available so long as you are a user of True Grit Performance
Counseling, PLLC's sites, and shall terminate at such time when you elect to
discontinue your usership.
b) Photos, audio, video and/or graphics submitted or made available for inclusion on the
publicly accessible areas of True Grit Performance Counseling, PLLC's sites, the
license provided to permit to use, distribute, reproduce, modify, adapt, publicly
perform and/or publicly display said Content on our network Services are for the sole
purpose of providing and promoting the specific area in which this content was placed
and/or made available for viewing. This license shall be available so long as you are a
user of True Grit Performance Counseling, PLLC's sites and shall terminate at such
time when you elect to discontinue your usership.
c) For any other content submitted or made available for inclusion on the publicly
accessible areas of True Grit Performance Counseling, PLLC's sites, the continuous,
binding and completely sub-licensable license which is meant to permit to use,
distribute, reproduce, modify, adapt, publish, translate, publicly perform and/or
publicly display said content, whether in whole or in part, and the incorporation of any
such Content into other works in any arrangement or medium current used or later
developed.
Those areas which may be deemed "publicly accessible" areas of True Grit Performance
Counseling, PLLC's sites are those such areas of our network properties which are meant to be
available to the general public, and which would include message boards and groups that are
openly available to users.
CONTRIBUTIONS TO COMPANY WEBSITE
True Grit Performance Counseling, PLLC may provide an area for our users to contribute
feedback to our website at its own discretion. When you submit ideas, documents, suggestions and/or proposals
("Contributions") to our site, you acknowledge and agree that:
a) your contributions do not contain any type of confidential or proprietary information;
b) True Grit shall not be liable or under any obligation to ensure or maintain
confidentiality, expressed or implied, related to any Contributions;
c) True Grit shall be entitled to make use of and/or disclose any such Contributions in any
such manner as they may see fit;
d) the contributor's Contributions shall automatically become the sole property of True
Grit; and
e) True Grit is under no obligation to either compensate or provide any form of
reimbursement in any manner or nature.
INDEMNITY
All users herein agree to insure and hold True Grit Performance Counseling, PLLC, our
subsidiaries, affiliates, agents, employees, officers, partners and/or licensors blameless or not
liable for any claim or demand, which may include, but is not limited to, reasonable attorney
fees made by any third party which may arise from any content a user of our site may submit,
post, modify, transmit or otherwise make available through our Services, the use of True Grit
Services or your connection with these Services, your violations of the Terms of Service and/
or your violation of any such rights of another person.
COMMERCIAL REUSE OF SERVICES
The user herein agrees not to replicate, duplicate, copy, trade, sell, resell nor exploit for any
commercial reason any part, use of, or access to True Grit's sites.
MODIFICATIONS
True Grit Performance Counseling, PLLC shall reserve the right at any time it may deem fit,
to modify, alter and or discontinue, whether temporarily or permanently, our service, or any
part thereof, with or without prior notice. In addition, we shall not be held liable to you or to
any third party for any such alteration, modification, suspension and/or discontinuance of our
Services, or any part thereof.
ADVERTISERS
Any correspondence or business dealings with, or the participation in any promotions of,
advertisers located on or through our Services, which may include the payment and/or delivery
of such related goods and/or Services, and any such other term, condition, warranty and/or
representation associated with such dealings, are and shall be solely between you and any such
advertiser. Moreover, you herein agree that True Grit Performance Counseling, PLLC shall not
be held responsible or liable for any loss or damage of any nature or manner incurred as a
direct result of any such dealings or as a result of the presence of such advertisers on our
website.
LINKS
Either True Grit Performance Counseling, PLLC or any third parties may provide links to
other websites and/or resources. Thus, you acknowledge and agree that we are not responsible
for the availability of any such external sites or resources, and as such, we do not endorse nor
are we responsible or liable for any content, products, advertising or any other materials, on or
available from such third party sites or resources. Furthermore, you acknowledge and agree
that True Grit Performance Counseling, PLLC shall not be responsible or liable, directly or
indirectly, for any such damage or loss which may be a result of, caused or allegedly to be
caused by or in connection with the use of or the reliance on any such content, goods or
Services made available on or through any such site or resource.
PROPRIETARY RIGHTS
You do hereby acknowledge and agree that True Grit Performance Counseling, PLLC's
Services and any essential software that may be used in connection with our Services
("Software") shall contain proprietary and confidential material that is protected by applicable
intellectual property rights and other laws. Furthermore, you herein acknowledge and agree
that any Content which may be contained in any advertisements or information presented by
and through our Services or by advertisers is protected by copyrights, trademarks, patents or
other proprietary rights and laws. Therefore, except for that which is expressly permitted by
applicable law or as authorized by True Grit Performance Counseling, PLLC or such
applicable licensor, you agree not to alter, modify, lease, rent, loan, sell, distribute, transmit,
broadcast, publicly perform and/or created any plagiaristic works which are based on True Grit
Performance Counseling, PLLC Services (e.g. Content or Software), in whole or part.
True Grit Performance Counseling, PLLC herein has granted you personal, non-transferable
and non-exclusive rights and/or license to make use of the object code or our Software on a
single computer, as long as you do not, and shall not, allow any third party to duplicate, alter,
modify, create or plagiarize work from, reverse engineer, reverse assemble or otherwise make
an attempt to locate or discern any source code, sell, assign, sublicense, grant a security
interest in and/or otherwise transfer any such right in the Software. Furthermore, you do herein
agree not to alter or change the Software in any manner, nature or form, and as such, not to use
any modified versions of the Software, including and without limitation, for the purpose of
obtaining unauthorized access to our Services. Lastly, you also agree not to access or attempt
to access our Services through any means other than through the interface which is provided
by True Grit Performance Counseling, PLLC for use in accessing our Services.
WARRANTY DISCLAIMERS
YOU HEREIN EXPRESSLY ACKNOWLEDGE AND AGREE THAT:
a) THE USE OF TRUE GRIT PERFORMANCE COUNSELING, PLLC SERVICES
AND SOFTWARE ARE AT THE SOLE RISK BY YOU. OUR SERVICES AND
SOFTWARE SHALL BE PROVIDED ON AN "AS IS" AND/OR "AS AVAILABLE"
BASIS. TRUE GRIT PERFORMANCE COUNSELING, PLLC AND OUR
SUBSIDIARIES, AFFILIATES, OFFICERS, EMPLOYEES, AGENTS, PARTNERS
AND LICENSORS EXPRESSLY DISCLAIM ANY AND ALL WARRANTIES OF
ANY KIND WHETHER EXPRESSED OR IMPLIED, INCLUDING, BUT NOT
LIMITED TO ANY IMPLIED WARRANTIES OF TITLE, MERCHANTABILITY,
FITNESS FOR A PARTICULAR PURPOSE AND NON-INFRINGEMENT.
b) TRUE GRIT PERFORMANCE COUNSELING, PLLC AND OUR SUBSIDIARIES,
OFFICERS, EMPLOYEES, AGENTS, PARTNERS AND LICENSORS MAKE NO
SUCH WARRANTIES THAT (i) TRUE GRIT PERFORMANCE COUNSELING,
PLLC SERVICES OR SOFTWARE WILL MEET YOUR REQUIREMENTS; (ii)
TRUE GRIT PERFORMANCE COUNSELING, PLLC SERVICES OR SOFTWARE
SHALL BE UNINTERRUPTED, TIMELY, SECURE OR ERROR-FREE; (iii) THAT
SUCH RESULTS WHICH MAY BE OBTAINED FROM THE USE OF THE TRUE
GRIT PERFORMANCE COUNSELING, PLLC SERVICES OR SOFTWARE WILL
BE ACCURATE OR RELIABLE; (iv) QUALITY OF ANY PRODUCTS, SERVICES,
ANY INFORMATION OR OTHER MATERIAL WHICH MAY BE PURCHASED
OR OBTAINED BY YOU THROUGH OUR SERVICES OR SOFTWARE WILL
MEET YOUR EXPECTATIONS; AND (v) THAT ANY SUCH ERRORS
CONTAINED IN THE SOFTWARE SHALL BE CORRECTED.
c) ANY INFORMATION OR MATERIAL DOWNLOADED OR OTHERWISE
OBTAINED BY WAY OF TRUE GRIT PERFORMANCE COUNSELING, PLLC
SERVICES OR SOFTWARE SHALL BE ACCESSED BY YOUR SOLE
DISCRETION AND SOLE RISK, AND AS SUCH YOU SHALL BE SOLELY
RESPONSIBLE FOR AND HEREBY WAIVE ANY AND ALL CLAIMS AND
CAUSES OF ACTION WITH RESPECT TO ANY DAMAGE TO YOUR
COMPUTER AND/OR INTERNET ACCESS, DOWNLOADING AND/OR
DISPLAYING, OR FOR ANY LOSS OF DATA THAT COULD RESULT FROM THE
DOWNLOAD OF ANY SUCH INFORMATION OR MATERIAL.
d) NO ADVICE AND/OR INFORMATION, DESPITE WHETHER WRITTEN OR
ORAL, THAT MAY BE OBTAINED BY YOU FROM TRUE GRIT
PERFORMANCE COUNSELING, PLLC OR BY WAY OF OR FROM OUR
SERVICES OR SOFTWARE SHALL CREATE ANY WARRANTY NOT
EXPRESSLY STATED IN THE TOS.
e) A SMALL PERCENTAGE OF SOME USERS MAY EXPERIENCE SOME DEGREE
OF EPILEPTIC SEIZURE WHEN EXPOSED TO CERTAIN LIGHT PATTERNS OR
BACKGROUNDS THAT MAY BE CONTAINED ON A COMPUTER SCREEN OR
WHILE USING OUR SERVICES. CERTAIN CONDITIONS MAY INDUCE A
PREVIOUSLY UNKNOWN CONDITION OR UNDETECTED EPILEPTIC
SYMPTOM IN USERS WHO HAVE SHOWN NO HISTORY OF ANY PRIOR
SEIZURE OR EPILEPSY. SHOULD YOU, ANYONE YOU KNOW OR ANYONE
IN YOUR FAMILY HAVE AN EPILEPTIC CONDITION, PLEASE CONSULT A
PHYSICIAN IF YOU EXPERIENCE ANY OF THE FOLLOWING SYMPTOMS
WHILE USING OUR SERVICES: DIZZINESS, ALTERED VISION, EYE OR
MUSCLE TWITCHES, LOSS OF AWARENESS, DISORIENTATION, ANY
INVOLUNTARY MOVEMENT, OR CONVULSIONS.
LIMITATION OF LIABILITY
YOU EXPLICITLY ACKNOWLEDGE, UNDERSTAND AND AGREE THAT TRUE GRIT
PERFORMANCE COUNSELING, PLLC AND OUR SUBSIDIARIES, AFFILIATES,
OFFICERS, EMPLOYEES, AGENTS, PARTNERS AND LICENSORS SHALL NOT BE
LIABLE TO YOU FOR ANY PUNITIVE, INDIRECT, INCIDENTAL, SPECIAL,
CONSEQUENTIAL OR EXEMPLARY DAMAGES, INCLUDING, BUT NOT LIMITED
TO, DAMAGES WHICH MAY BE RELATED TO THE LOSS OF ANY PROFITS,
GOODWILL, USE, DATA AND/OR OTHER INTANGIBLE LOSSES, EVEN THOUGH WE
MAY HAVE BEEN ADVISED OF SUCH POSSIBILITY THAT SAID DAMAGES MAY
OCCUR, AND RESULT FROM:
a) THE USE OR INABILITY TO USE OUR SERVICE;
b) THE COST OF PROCURING SUBSTITUTE GOODS AND SERVICES;
c) UNAUTHORIZED ACCESS TO OR THE ALTERATION OF YOUR
TRANSMISSIONS AND/OR DATA;
d) STATEMENTS OR CONDUCT OF ANY SUCH THIRD PARTY ON OUR SERVICE;
e) AND ANY OTHER MATTER WHICH MAY BE RELATED TO OUR SERVICE.
RELEASE
In the event you have a dispute, you agree to release True Grit Performance Counseling, PLLC
(and its officers, directors, employees, agents, parent subsidiaries, affiliates, co-branders,
partners and any other third parties) from claims, demands and damages (actual and
consequential) of every kind and nature, known and unknown, suspected or unsuspected,
disclosed and undisclosed, arising out of or in any way connected to such dispute.
SPECIAL ADMONITION RELATED TO FINANCIAL MATTERS
Should you intend to create or to join any service, receive or request any such news, messages,
alerts or other information from our Services concerning companies, stock quotes, investments
or securities, please review the above Sections Warranty Disclaimers and Limitations of
Liability again. In addition, for this particular type of information, the phrase "Let the investor
beware" is appropriate. True Grit Performance Counseling, PLLC's content is provided
primarily for informational purposes, and no content that shall be provided or included in our
Services is intended for trading or investing purposes. True Grit Performance Counseling,
PLLC and our licensors shall not be responsible or liable for the accuracy, usefulness or
availability of any information transmitted and/or made available by way of our Services, and
shall not be responsible or liable for any trading and/or investment decisions based on any
such information.
EXCLUSION AND LIMITATIONS
THERE ARE SOME JURISDICTIONS WHICH DO NOT ALLOW THE EXCLUSION OF
CERTAIN WARRANTIES OR THE LIMITATION OF EXCLUSION OF LIABILITY FOR
INCIDENTAL OR CONSEQUENTIAL DAMAGES. THEREFORE, SOME OF THE
ABOVE LIMITATIONS OF SECTIONS WARRANTY DISCLAIMERS AND LIMITATION
OF LIABILITY MAY NOT APPLY TO YOU.
THIRD PARTY BENEFICIARIES
You herein acknowledge, understand and agree, unless otherwise expressly provided in this
TOS, that there shall be no third-party beneficiaries to this agreement.
NOTICE
True Grit Performance Counseling, PLLC may furnish you with notices, including those with
regards to any changes to the TOS, including but not limited to email, regular mail, MMS or
SMS, text messaging, postings on our website Services, or other reasonable means currently
known or any which may be herein after developed. Any such notices may not be received if
you violate any aspects of the TOS by accessing our Services in an unauthorized manner. Your
acceptance of this TOS constitutes your agreement that you are deemed to have received any
and all notices that would have been delivered had you accessed our Services in an authorized
manner.
TRADEMARK INFORMATION
You herein acknowledge, understand and agree that all of the True Grit Performance
Counseling, PLLC trademarks, copyright, trade name, service marks, and other True Grit
Performance Counseling, PLLC logos and any brand features, and/or product and service
names are trademarks and as such, are and shall remain the property of True Grit Performance
Counseling, PLLC. You herein agree not to display and/or use in any manner the True Grit
Performance Counseling, PLLC logo or marks without obtaining True Grit Performance
Counseling, PLLC's prior written consent.
COPYRIGHT OR INTELLECTUAL PROPERTY INFRINGEMENT CLAIMS
NOTICE & PROCEDURES
True Grit Performance Counseling, PLLC will always respect the intellectual property of
others, and we ask that all of our users do the same. With regards to appropriate circumstances
and at its sole discretion, True Grit Performance Counseling, PLLC may disable and/or
terminate the accounts of any user who violates our TOS and/or infringes the rights of others.
If you feel that your work has been duplicated in such a way that would constitute copyright
infringement, or if you believe your intellectual property rights have been otherwise violated,
you should provide to us the following information:
a) The electronic or the physical signature of the individual that is authorized on behalf of
the owner of the copyright or other intellectual property interest;
b) A description of the copyrighted work or other intellectual property that you believe
has been infringed upon;
c) A description of the location of the site which you allege has been infringing upon your
work;
d) Your physical address, telephone number, and email address;
e) A statement, in which you state that the alleged and disputed use of your work is not
authorized by the copyright owner, its agents or the law;
f) And finally, a statement, made under penalty of perjury, that the aforementioned
information in your notice is truthful and accurate, and that you are the copyright or
intellectual property owner, representative or agent authorized to act on the copyright
or intellectual property owner's behalf.
The True Grit Performance Counseling, PLLC Agent for notice of claims of copyright or other
intellectual property infringement can be contacted as follows:
Mailing Address:
True Grit Performance Counseling, PLLC
Attn: Copyright Agent
3609 Austin Bluffs Parkway, Ste 31 #277
Colorado Springs, Colorado 80918
Telephone: 719-223-9159
Fax: 719-434-9750
Email: stacy.andrews@truegritperformancecounseling.com
CLOSED CAPTIONING
BE IT KNOWN, that True Grit Performance Counseling, PLLC complies with all applicable
Federal Communications Commission rules and regulations regarding the closed captioning of
video content. For more information, please visit our website at
www.truegritperformancecounseling.com.
GENERAL INFORMATION
ENTIRE AGREEMENT
This TOS constitutes the entire agreement between you and True Grit Performance
Counseling, PLLC and shall govern the use of our Services, superseding any prior version of
this TOS between you and us with respect to True Grit Performance Counseling, PLLC
Services. You may also be subject to additional terms and conditions that may apply when you
use or purchase certain other True Grit Performance Counseling, PLLC Services, affiliate
Services, third-party content or third-party software.
CHOICE OF LAW AND FORUM
It is at the mutual agreement of both you and True Grit Performance Counseling, PLLC with
regard to the TOS that the relationship between the parties shall be governed by the laws of the
state of Colorado without regard to its conflict of law provisions and that any and all claims,
causes of action and/or disputes, arising out of or relating to the TOS, or the relationship
between you and True Grit Performance Counseling, PLLC, shall be filed within the courts
having jurisdiction within the County of El Paso County, Colorado or the U.S. District Court
located in said state. You and True Grit Performance Counseling, PLLC agree to submit to the
jurisdiction of the courts as previously mentioned, and agree to waive any and all objections to
the exercise of jurisdiction over the parties by such courts and to venue in such courts.
WAIVER AND SEVERABILITY OF TERMS
At any time, should True Grit Performance Counseling, PLLC fail to exercise or enforce any
right or provision of the TOS, such failure shall not constitute a waiver of such right or
provision. If any provision of this TOS is found by a court of competent jurisdiction to be
invalid, the parties nevertheless agree that the court should endeavor to give effect to the
parties' intentions as reflected in the provision, and the other provisions of the TOS remain in
full force and effect.
STATUTE OF LIMITATIONS
You acknowledge, understand and agree that regardless of any statute or law to the contrary,
any claim or action arising out of or related to the use of our Services or the TOS must be filed
within 1 year after said claim or cause of action arose or shall be forever barred.
VIOLATIONS
Please report any and all violations of this TOS to True Grit Performance Counseling, PLLC
as follows:
Mailing Address:
True Grit Performance Counseling, PLLC
3609 Austin Bluffs Parkway, Ste 31 #277
Colorado Springs, Colorado 80918
Telephone: 719-223-9159
Fax: 719-434-9750
Email: stacy.andrews@truegritperformancecounseling.com