PLEASE READ THESE TERMS AND CONDITIONS BEFORE ACCESSING OUR WEBSITE
Welcome to this website, owned and operated by Dr. Sherry Enterprises Inc., (“We”, “Us”). We connect potential clients with our providers for helping and coaching services. Some of those providers are licensed mental health providers, but we are not a healthcare company. We market Provider services, book appointments and collect fees for Providers.
In these Terms, “you” and “your” refer to the individual or entity that uses the Site, Application or Services. “We”, “us”, or “our” refer to Dr. Sherry Enterprises Inc. In addition, in these Terms, unless the context requires otherwise, words in one gender include all genders and words in the singular include the plural and vice-versa.
YOU UNDERSTAND AND AGREE THAT DR. SHERRY ENTERPRISES INC. IS NOT A PARTY TO ANY AGREEMENTS ENTERED INTO BETWEEN PROVIDERS AND USERS (AS DEFINED BELOW). DR. SHERRY ENTERPRISES INC. HAS NO CONTROL OVER THE CONDUCT OF PROVIDERS OR OTHER USERS OF THE SITE, APPLICATION AND SERVICES OR ANY INFORMATION PROVIDED IN CONNECTION THERETO, AND DISCLAIMS ALL LIABILITY IN THIS REGARD.
We reserve the right, at our sole discretion, to modify the Site, Application or Services or to modify these Terms, at any time and without prior notice. If we modify these Terms, we will post the modification on the Site or via the Application. We will also update the “Last Updated Date” at the top of these Terms. Modifications to these Terms shall automatically be effective upon posting. By continuing to access or use the Site, Application or Services after we have posted a modification on the Site, you are indicating that you agree to be bound by the modified Terms. If the modified Terms are not acceptable to you, your only recourse is to cease using the Site, Application and Services.
The Site, Application and Services are intended solely for persons who are 18 or older. Any access to or use of the Site, Application or Services by anyone under 18 is expressly prohibited. By accessing or using the Site, Application or Services you represent and warrant that (i) you agree to be bound by these Terms and (ii) that you are 18 or older and able to form legally binding contracts.
“Appointment” means a scheduled phone, internet or in-person meeting coordinated via Dr. Sherry Enterprises Inc. by phone or online scheduling.
“Provider” means a life coach or other professional who offers his or her professional helping services to Users via the Dr. Sherry Enterprises Inc. site and Scheduling Services.
“Scheduling Services” means the service provided either online or by phone by Dr. Sherry Enterprises Inc. whereby Users can connect with Providers to engage the Providers’ helping services.
“User” means a person using the Dr. Sherry Enterprises Inc. website, regardless of whether or not he or she accepts the Providers’ offers for services.
How the Site and Services Work.
Dr. Sherry Enterprises Inc.’ Role. We connect potential clients with providers for helping and coaching services. Some of those providers are licensed mental health providers, but we are not a healthcare company. We market and book appointments, and collect fees on behalf of the Provider. Thus, we are not an entity covered under HIPAA. The services of Dr. Sherry Enterprises Inc. are not to be confused with any other Dr. Sherry Enterprises companies, which may be healthcare companies.
Scheduling Services. The Site is a platform for Users to connect and schedule Appointments in order to contract for services with Providers. Dr. Sherry Enterprises Inc.’ role is solely to facilitate the availability of the Site, Scheduling Services and to provide services related thereto, such as Appointment scheduling, call queuing, call cycling, payment integration and call facilitation. Dr. Sherry Enterprises Inc. does not provide and is not responsible for Provider Services or any information or advice exchanged between Providers and Users during Appointments or otherwise. You understand and acknowledge that Providers are not employees or agents of Dr. Sherry Enterprises Inc. but are independent service providers using the Site and Scheduling Services to market their expertise to other Users and the public. You acknowledge that Dr. Sherry Enterprises Inc. will not be liable for any loss or damage caused by your reliance on information provided by Providers or interaction between you and Provider(s).
PLEASE NOTE THAT, AS STATED ABOVE, THE SITE, APPLICATION AND SERVICES ARE INTENDED TO BE USED TO FACILITATE USER INTERACTION. DR. SHERRY ENTERPRISES INC. CANNOT AND DOES NOT CONTROL OR GUARANTEE THE CONTENT CONTAINED IN ANY LISTINGS OR THE INFORMATION EXCHANGED BETWEEN USERS AND MEMBERS VIA THE SERVICES. YOU UNDERSTAND AND ACKNOWLEDGE THAT DR. SHERRY ENTERPRISES INC. IS NOT RESPONSIBLE FOR AND DISCLAIMS ANY AND ALL LIABILITY RELATED TO ANY AND ALL LISTINGS AND INFORMATION PROVIDED UNDER THE SERVICES. ACCORDINGLY, ALL USERS USE THE SITE, APPLICATION AND SERVICES AT THEIR OWN RISK.
Appointments and Financial Terms for Users
Appointment Terms. You, not Dr. Sherry Enterprises Inc., are solely responsible for honoring any confirmed Appointments. If you choose to enter into a transaction with a Provider by scheduling an Appointment via the Site or Phone, these Terms and other terms, conditions, rules and restrictions associated with such Appointment as set out by the Provider may apply. You acknowledge and agree that you, and not Dr. Sherry Enterprises Inc., will be responsible for performing the obligations of any such agreements, and Dr. Sherry Enterprises Inc. is not a party to such agreements and disclaims all liability arising from or related to any such agreements.
Our fees. We may collect fees for our services as listed on the site.
Providers. Providers offer their services for fees that may be listed in the Site. These fees are due to the Provider at the time of the appointment.
Financial Terms. In connection with your appointment, you will be asked to provide customary billing information such as name, billing address and credit card information either to Dr. Sherry Enterprises Inc. or its third party payment processor. Once your transaction is complete you will receive a confirmation email summarizing your confirmed Appointment.
Our Role with Providers.
No employment relationship between Providers and Dr. Sherry Enterprises Inc.. Providers are not employees or independent contractors of Dr. Sherry Enterprises Inc.. Providers offer their services and conduct their services in any manner, at any time they see fit.
No warranty. Provider listing information is furnished to Dr. Sherry Enterprises Inc. by the Provider and the Provider is responsible for its accuracy. Dr. Sherry Enterprises Inc. does not warranty the credentials or representations made by Providers.
Dr. Sherry Enterprises Inc. may use User feedback to screen and rate Providers. However, Dr. Sherry Enterprises Inc. does not warranty the Providers listed on the Site.
Acceptable Use. This Site is intended to provide users with general information. We do not recommend or endorse any specific professionals, tests, products, procedures, opinions, or other information that may be mentioned on the Site. Reliance on any information provided by us, our employees, others appearing on Site at our invitation or other visitors to the Site is solely at your own risk. Your use of the Site is a privilege.
Materials you post to the Site may not contain: (1) URLs or links to web sites that compete with the Site; (2) copyrighted material (unless you own the copyright or have the owner’s permission to post the copyrighted material); (3) trade secrets (unless you own them or have the owner’s permission to post them); (4) material that infringes on or misappropriates any other intellectual property rights, or violates the privacy or publicity rights of others; (5) anything that is sexually explicit, obscene, libelous, defamatory, threatening, harassing, abusive, or hateful; or (6) anything that is embarrassing or offensive to another person, group or entity.
You may not use your Materials to: (1) impersonate another person, living or dead; (2) post false, inaccurate or misleading information; (3) except as provided in your directories of you own services, post advertisements or solicitations of business (including, but not limited to, franchises, “club memberships,” distributorships, or anything requiring a monetary investment, including a request for payment to obtain job listings); (4) post chain letters or pyramid schemes; or (5) post opinions or notices, commercial or otherwise.
Materials that encourage our users to “email for more details” are not permitted. Materials from any third party charging a fee are not permitted.
You may not respond to postings by other users in any manner or for any purpose other than that which is expected. Responses soliciting business are prohibited.
You may not send (or encourage or help others to send) unsolicited commercial email to our users.
Report inappropriate postings or conduct to [email protected].
You may not delete or revise any material posted by any other person or entity.
Any conduct by a user that in our sole discretion restricts or inhibits any other user from using or enjoying the Site is prohibited.
We are under no obligation to monitor the conduct of our users, but we may investigate and respond when violations are reported.
Security Rules: Users are prohibited from violating or attempting to violate the security of the Site, including, without limitation: (1) accessing data not intended for such user or logging into a server or account which the user is not authorized to access; (2) attempting to probe, scan or test the vulnerability of a system or network or to breach security or authentication measures without proper authorization; (3) attempting to interfere with service to any user, host or network, including, without limitation, via means of submitting a virus to the Site, overloading, “flooding”, “mailbombing” or “crashing”; (4) sending unsolicited e-mail, including promotions and/or advertising of products or services; (5) forging any TCP/IP packet header or any part of the header information in any e-mail or newsgroup posting.
ii) Violation of these Security Rules may result in civil or criminal liability. We will investigate occurrences which may involve such violations and may involve, and cooperate with, law enforcement authorities in prosecuting users who are involved in such violations.
We may assign a username and password to you. You may not share your account, username or password with anyone else, and you will be responsible for the actions of anyone who obtains your user name and/or password and uses them to access the Site. You must notify us immediately of any unauthorized use of your username and password.
If at any time during the term of this agreement we come to the understanding that you: (1) misled us as to your business practices and/or services, or (2) purchased services that do not describe your precise business, we reserve the right to terminate your account. We may terminate your account and/or your access to the Site at any time if we deem in our sole discretion such to be necessary or appropriate.
We hereby grant you a limited, terminable, non-exclusive right to access and use the Site only for your personal use. This authorizes you to view and download a single copy of the material on the Site solely for your personal, noncommercial use. You must include the following notice in any downloaded materials: “Copyright Dr. Sherry Enterprises Inc. Except as otherwise expressly permitted under copyright law, no copying, redistribution, retransmission, publication or commercial exploitation of downloaded material will be permitted without the express written permission of Dr. Sherry Enterprises Inc.”
We make no representations or warranties whatsoever regarding the Site and any materials on the Site. NOTWITHSTANDING ANYTHING TO THE CONTRARY IN THESE TERMS OF SERVICE OR ELSEWHERE, THE SITE IS PROVIDED ON AN “AS IS” BASIS. TO THE FULLEST EXTENT PERMITTED BY LAW, WE HEREBY DISCLAIM ALL WARRANTIES, EXPRESS OR IMPLIED, INCLUDING, WITHOUT LIMITATION, ANY IMPLIED WARRANTY OF FITNESS FOR A PARTICULAR PURPOSE, ANY IMPLIED WARRANTY OF NON-INFRINGEMENT AND ANY IMPLIED WARRANTY OF MERCHANTABILITY. WE MAKE NO WARRANTY ABOUT THE ACCURACY, RELIABILITY, COMPLETENESS OR TIMELINESS OF THE SITE. WE MAKE NO WARRANTY THAT THE SITE’S SERVICE WILL BE UNINTERRUPTED, THE SITE’S FUNCTIONS SHALL BE ERROR-FREE OR, THAT THE SITE OR THE SERVERS THAT MAKE IT AVAILABLE ARE FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS.
The Site is not intended to be a substitute for professional advice. Under no circumstances will we be liable for any loss or damage caused by your reliance on information obtained through the Site. It is your responsibility to evaluate the accuracy, completeness or usefulness of any information, opinion, advice or other content available through the Site. Please seek the advice of professionals, as appropriate, regarding the evaluation of any specific information, opinion, advice or other content. Never disregard professional advice, including medical advice, or delay in seeking it, because of something you have read on this Site.
You are solely responsible for the content of any posting you make to the Site and any consequences arising from such posting. We assume no responsibility for materials posted by our users or any other actions, conduct or omissions of our users. We act as a service provider for users to distribute and publish their materials. We do not undertake responsibility for screening or monitoring our users’ materials.
Our bloggers who post articles to our Site may not employed by Dr. Sherry Enterprises Inc. Each blogger is solely responsible for the content of his or her articles. Each blogger represents to Dr. Sherry Enterprises Inc. that the articles he or she submits is original and does not infringe any copyright. We do not undertake responsibility for screening or monitoring our bloggers’ materials. The opinions expressed by the bloggers are their own and are not our opinions or endorsed by us.
Further, we explicitly disclaim any responsibility for the accuracy, content or availability of information found on a site that links to or from the Site (a “third-party site”). We may offer links to, or incorporate into the Site, third-party sites that offer various products and/or services. We cannot ensure that users will be satisfied with any products or services that are purchased from such a third-party site, since such sites are owned and operated by others. We do not endorse any of such products or services, nor have we taken any steps to confirm the accuracy or reliability of any of the information contained in any third party sites. We do not make any representations or warranties as to the security of any information (including credit card and other personal information) users might be requested to give a third-party site. We strongly encourage users to make their own investigation of third-party sites before proceeding with any transaction with such third parties.
We do not endorse, and nothing on the Site shall be deemed to be an endorsement, representation or warranty of, any third party (including our directory members, users and bloggers), whether in relation to such third party’s products, services, websites, experience or background or otherwise. We do not make any representations or warranties with regard to any materials posted by our users, directory members or bloggers. The information in our directories is provided exclusively by participating professionals.
Your use of the Site, the Internet, any materials you post or access via our Site and your conduct online or offline are at your own risk.
Limits of Liability.
THE LIABILITY OF US AND ANY OF OUR OFFICERS, DIRECTORS, EMPLOYEES OR AGENTS TO YOU OR TO ANY OTHER PERSON FOR DIRECT DAMAGES SHALL BE LIMITED TO THE GREATER OF $100 USD OR THE FEES PAID BY YOU FOR OUR SERVICES DURING THE 12 MONTHS PRECEDING THE EVENTS THAT GIVE RISE TO YOUR FIRST CLAIM AGAINST US FOR DAMAGES.
BECAUSE SOME STATES OR JURISDICTIONS DO NOT ALLOW THE EXCLUSION OR LIMITATION OF LIABILITY FOR NON-DIRECT DAMAGES, THE LIMITATIONS IN PARAGRAPH (A) ABOVE MAY NOT APPLY TO YOU, BUT IN SUCH CASE, THE LIMITATIONS IN PARAGRAPH (B) SHALL APPLY TO BOTH DIRECT AND NON-DIRECT DAMAGES.
You shall send notices to us by mail or by email to our contact information listed below and addressed to the attention of LEGAL. Notices to you will be sent by mail or by email to the addresses you provide when registering. Notices shall be deemed given on the day actually received by recipient, if received as provided in this paragraph before 5pm on a business day in the recipient’s location. Notices received after 5pm or on a non-business day shall be deemed received on the next business day.
Dr. Sherry Enterprises and the Dr. Sherry Enterprises logo are a trademark of Dr. Sherry Enterprises Inc.