Terms and Conditions

1. Agreement: Acceptance of Terms.

  • Agreement. These Website Terms and Conditions of Use (the “Agreement”) constitute a legally binding agreement between you (“you,” “your,” or “User”) and We Are the Light, LLC, a limited liability company organized under the laws of the State of North Carolina (“Provider,” “we,” “us,” or “our”), governing your access to and use of the website located at https://wearethelightbytracy.com and any associated webpages, mobile sites, applications, features, content, products, and services made available by us (collectively, the “Site” or “Services”).
  • Not a Licensed Provider of Therapy or Mental Health Services. The Services are provided by an individual who is not a licensed therapist, psychologist, psychiatrist, counselor, clinical social worker, physician, or any other licensed health care or mental health professional in any jurisdiction. By using this Site or the Services, you expressly acknowledge, understand, and agree that: (i) Provider does not hold, and does not represent or warrant that Provider holds, any professional license, certification, registration, or governmental authorization to provide therapy, counseling, psychotherapy, mental health diagnosis, medical diagnosis, or treatment; (ii) The Services do not constitute and are not intended to be psychotherapy, mental health treatment, medical treatment, diagnostic services, or any form of professional health care or mental health care; and (iii) You will not construe any content, communication, or interaction on or through the Site as professional advice, diagnosis, treatment, or therapy from a licensed professional.
  • Acceptance of Terms. By accessing, browsing, or using the Site or Services in any manner, including but not limited to visiting or browsing the Site, registering an account, scheduling or participating in any session or consultation, or submitting any content or information, you: (i) Acknowledge that you have read, understood, and agree to be bound by this Agreement; (ii) Represent and warrant that you have the legal capacity and authority to enter into this Agreement; and (iii) Agree to comply with all applicable laws and regulations when using the Site and Services.
  • Clickwrap Consent. Where the Site presents you with an “I Agree” or similar button or checkbox in connection with this Agreement or any part thereof, your selection of such button or checkbox constitutes your electronic signature and acceptance of this Agreement and any supplemental terms, to the fullest extent permitted by applicable law.
  • Modifications to Agreement. We reserve the right, in our sole discretion, to amend, modify, or replace this Agreement at any time. Any changes will be effective when posted on the Site or otherwise communicated to you. Your continued use of the Site or Services after the posting or communication of any changes constitutes your acceptance of such changes. If you do not agree to any modified terms, you must immediately discontinue use of the Site and Services.
  • Separate Privacy Policy. Your use of the Site is also governed by our Privacy Policy, which is incorporated herein by reference. In the event of a conflict between this Agreement and the Privacy Policy with respect to privacy and data protection matters, the Privacy Policy shall govern.

2. Nature and Scope of Services: No Professional Relationship.

  • Informational and Support-Oriented Nature of Services. The Site and Services are designed to provide general information, personal development support, educational materials, wellness-related commentary, and non-clinical, non-medical, non-therapeutic coaching-style conversations (collectively, “Support Services”). The Services may include, without limitation: (i) Written articles, videos, audio content, and other educational materials related to general emotional well-being, self-reflection, personal development, and self-care; (ii) Group or individual online sessions, workshops, or classes focused on general wellness, personal growth, or life skills; and (iii) Email, messaging, or other communication with Provider for non-clinical guidance, reflection, or support.
  • No Therapy, Counseling, or Medical Services. The Services: (i) Are not therapy, counseling, psychotherapy, psychoanalysis, psychiatric services, psychological services, social work, medical care, diagnosis, treatment, or any other service requiring professional licensure; (ii) Are not intended to and do not create a therapist-client, counselor-client, psychologist-client, psychiatrist-patient, social worker-client, physician-patient, or any other licensed professional relationship; (iii) Do not include or purport to include diagnosis of mental disorders, medical conditions, or any other health condition; and (iv) Do not include or purport to include prescribing medication, recommending changes to medication, or providing clinical interventions.
  • No Professional Advice. All information and content made available on or through the Site, including any communications with Provider, are for general informational, educational, and supportive purposes only and are not, and shall not be construed as, professional advice of any kind (including but not limited to medical, psychiatric, psychological, mental health, legal, financial, or other professional advice). You must not rely on the Site or Services as a substitute for consultation with qualified licensed professionals in the relevant field.
  • User Responsibility for Professional Care. You acknowledge and agree that: (i) You are solely responsible for seeking, obtaining, and maintaining any necessary treatment, therapy, counseling, diagnosis, medical care, or professional advice from appropriately licensed professionals; (ii) You will not delay, disregard, or discontinue any therapy, counseling, medical treatment, medication, or professional advice from your health care or mental health providers based on anything you read or experience on or through the Site or Services; and (iii) You will promptly seek emergency or urgent care where appropriate, in accordance with Section 6 (Health, Safety, and Emergency Disclaimers).
  • No Guarantees of Outcomes. Provider makes no representations, warranties, or guarantees that your use of the Site or Services will lead to any particular outcome, improvement, change, or result with respect to your mental health, emotional state, relationships, or any other aspect of your life.

3. User Eligibility: Intended Audience

  • Age Requirements. The Site and Services are intended for individuals who are at least eighteen (18) years of age or the age of majority in their jurisdiction of residence, whichever is greater. By accessing or using the Site or Services, you represent and warrant that: (i) You are at least eighteen (18) years of age or the age of majority in your jurisdiction; and (ii) You have full legal capacity and authority to enter into this Agreement.
  • No Use by Minors. The Site and Services are not targeted to, and may not be used by, children or minors. We do not knowingly collect or solicit personal information from individuals under eighteen (18) years of age. If we become aware that a minor has provided personal information, we will use reasonable efforts to delete such information and to terminate the minors access to the Site and Services.
  • Geographic Eligibility. The Site and Services may not be appropriate or legal for use in all jurisdictions. You are solely responsible for ensuring that your access to and use of the Site and Services complies with all laws, rules, and regulations applicable to you in your jurisdiction. We make no representation that the Site or Services are available or appropriate for use in any particular jurisdiction.
  • Prohibited Users. You may not use the Site or Services if: (i) You are subject to any legal or court order that restricts your ability to receive certain types of support, counseling, or services of a similar nature; (ii) Your jurisdiction prohibits individuals without certain licenses or credentials from providing the type of Support Services offered and you require licensed services; and (iii) You are currently in an acute crisis or emergency (see Section 6).

4. User Accounts: Security.

  • Account Registration. To access certain features or Services, you may be required to register for an account and provide certain information about yourself. You agree to: (i) Provide true, accurate, current, and complete information as prompted by the registration form; (ii) Maintain and promptly update such information to keep it true, accurate, current, and complete; and (iii) Not impersonate any person or entity or misrepresent your identity or affiliation in any way.
  • Account Credentials and Security. You are responsible for maintaining the confidentiality and security of your account credentials, including any username, password, or other security information. You agree that: (i) You will not share your password or allow any other person to access your account; (ii) You are fully responsible for all activities that occur under your account, whether or not authorized by you; and (iii) You will notify us immediately at dianetracy@snet.net of any unauthorized use of your account or any other breach of security.
  • Account Termination by Provider. We reserve the right, in our sole discretion and without liability to you, to suspend, restrict, or terminate your account and/or access to the Site or Services at any time for any reason or no reason, including but not limited to: (i) Violation or suspected violation of this Agreement or any applicable law; (ii) Conduct that we determine, in our sole discretion, to be inappropriate, unsafe, or disruptive; and (iii) Fraudulent, abusive, or harmful activity.
  • Account Termination by User. You may terminate your account at any time by following the instructions on the Site or by contacting us at dianetracy@snet.net. Upon termination, your right to access and use the Site and Services will immediately cease, subject to the terms of Section 16 (Survival).

5. Permitted and Prohibited Use of the Site and Services.

  • Permitted Use. Subject to your full and continued compliance with this Agreement, we grant you a limited, revocable, non-exclusive, non-transferable, non-sublicensable license to access and use the Site and Services solely for your personal, non-commercial use and solely in accordance with this Agreement and all applicable laws.
  • Prohibited Conduct. You agree that you will not, directly or indirectly: (i) Use the Site or Services in any manner that violates any applicable law, rule, or regulation; (ii) Use the Site or Services to obtain or attempt to obtain professional services that require licensure, including but not limited to therapy, counseling, diagnosis, or treatment of mental or physical health conditions; (iii) Rely on the Site or Services as if they were professional advice, diagnosis, or treatment from a licensed professional; (iv) Harass, threaten, demean, stalk, intimidate, or otherwise engage in abusive behavior toward Provider or any other User; (v) Post, transmit, or otherwise make available any content that is unlawful, harmful, defamatory, libelous, obscene, hateful, or otherwise objectionable; (vi) Use the Site or Services in a manner that could damage, disable, overburden, or impair the Site or interfere with any other partys use and enjoyment of the Site or Services; (vii) Attempt to gain unauthorized access to any portion or feature of the Site, to any other systems or networks connected to the Site, or to any of our servers, by hacking, password “mining,” or any other illegitimate means; (viii) Use any robot, spider, scraper, or other automated device, process, or means to access, copy, or monitor any portion of the Site or any content thereon; (ix) Reverse engineer, decompile, disassemble, or otherwise attempt to discover the source code, underlying ideas, algorithms, or trade secrets of the Site or any software used in connection with the Site; (x) Use the Site or Services for any commercial purpose or for the benefit of any third party, except as expressly permitted in writing by us; and (xi) Infringe or violate the intellectual property, privacy, or other rights of any third party.
  • Right to Monitor. We reserve the right, but do not undertake any obligation, to monitor, review, record, or retain any activity or content on or through the Site or Services, including communications between you and Provider, to the extent permitted by applicable law, for purposes including but not limited to: (i) Ensuring compliance with this Agreement; (ii) Protecting the rights, property, or safety of Provider, Users, or any third party; (iii) Complying with any legal obligations.
  • We may investigate any suspected violations of this Agreement and may involve and cooperate with law enforcement authorities in prosecuting Users who violate the law. We may, without limitation, remove or refuse to post any content, suspend or terminate your access to the Site or Services, or take other appropriate action as we deem necessary or advisable.

6. Health, Safety, and Emergency Disclaimers.

  • No Emergency or Crisis Services. The Site and Services are not intended for, and must not be used for, emergency or crisis situations. If you are in crisis, considering harming yourself or others, or otherwise in need of immediate assistance, you must: (i) Call your local emergency number (such as 911 in the United States) immediately; (ii) Contact your local crisis hotline or suicide prevention hotline; (iii) Go to the nearest emergency room or urgent care facility; and (iv) Contact a licensed mental health professional or physician as soon as possible.
  • Examples of Emergencies. Situations that constitute emergencies or crises include, without limitation: (i) You are having thoughts of harming yourself or others; (ii) You have engaged in or intend to engage in self-harm; (iii) You believe you or someone else is in immediate danger; and (iv) You are experiencing severe or rapidly worsening mental health symptoms or medical symptoms.
  • No Duty to Monitor for Emergencies. Provider does not undertake any obligation to monitor your mental or physical health or safety, to identify emergencies or crises, or to contact emergency services on your behalf. You acknowledge and agree that: (i) Provider is not your therapist, counselor, or health care provider; (ii) Provider does not have any duty to take action to prevent harm to you or others; and (iii) You are solely responsible for recognizing when you need immediate or professional help and for seeking such help.
  • No Medical or Mental Health Advice. All content and communications on or through the Site are provided strictly for general informational and supportive purposes and do not constitute medical or mental health advice. You must consult your physician, psychiatrist, psychologist, licensed therapist, or other qualified health care or mental health provider regarding any questions or concerns you may have about your health, mental health, medication, or treatment.
  • No Doctor-Patient or Therapist-Client Relationship. Your use of the Site or Services does not create a doctor-patient, therapist-client, counselor-client, or any other professional health care relationship with Provider. Provider does not maintain medical records or treatment records as a health care or mental health provider, and the confidentiality protections and record-keeping obligations applicable to such relationships do not apply to Provider except as expressly provided in this Agreement or required by applicable law.

7. No Professional Licensure; User Acknowledgments.

  • No Licensure. You acknowledge and agree that: (i) Provider is not licensed in any jurisdiction as a therapist, counselor, psychologist, psychiatrist, social worker, physician, or any other health care or mental health professional; and (ii) Provider may, but is not required to, describe personal experience, training, or education; such descriptions do not constitute professional licensure or governmental authorization to provide professional services.
  • Representation of Qualifications. Provider will not intentionally represent being a licensed professional when not licensed. However, you understand and agree that: (i) You are solely responsible for reviewing any information provided about Providers background and qualifications; and (ii) You will not assume or infer that Provider is licensed or providing licensed services in the absence of an explicit written representation of licensure.
  • User Acknowledgment of Non-Professional Status. By using the Site or Services, you expressly acknowledge and agree that: (i) You understand that Provider is not a licensed professional and that the Services are not licensed therapy, counseling, or medical services; (ii) You will not construe any interaction with Provider as professional treatment or advice from a licensed professional; and (iii) You are solely responsible for your own decisions, actions, and use of any information obtained from the Site or Services.
  • You hereby certify that: (i) You are not using the Site or Services as a substitute for therapy, counseling, diagnosis, or medical treatment supplied by a licensed professional; (ii) You have been advised to and will consult with a qualified licensed professional regarding any condition, symptom, or concern that may require professional care.

8. Confidentiality: Privacy: Exceptions.

  • Confidentiality of Communications. Provider intends, but does not absolutely guarantee, to treat your communications with Provider as confidential to the extent reasonably practicable and in accordance with our Privacy Policy and applicable law. However, because Provider is not a licensed professional and the Services are not regulated health or mental health services, traditional therapist-client or doctor-patient confidentiality laws may not apply.
  • Limits of Confidentiality. You acknowledge and agree that Provider may, but is not obligated to, disclose your information, including communications, to the extent reasonably necessary: (i) To comply with applicable laws, regulations, legal processes, or governmental requests; (ii) To protect the rights, property, or safety of Provider, you, or others; (iii) To detect, prevent, or address fraud, security, or technical issues; and (iv) If Provider reasonably believes that you pose a risk of harm to yourself or others, or that abuse or other serious harm may occur or has occurred, subject to applicable law.
  • Not a HIPAA-Covered Entity. Provider is not a health care provider or health plan and generally is not a “covered entity” under the Health Insurance Portability and Accountability Act of 1996 and its implementing regulations. As such, HIPAAs strict privacy and security rules may not apply. However, we endeavor to protect your information in accordance with our Privacy Policy and applicable law.
  • Security and Transmission. You understand that: (i) The security of electronic communications cannot be guaranteed; (ii) Email, text messages, and other internet-based communications may be intercepted, misdirected, or accessed by unauthorized third parties; and (iii) You will use discretion when choosing what to share electronically and will not send highly sensitive information through insecure channels.
  • Separate Privacy Policy. Additional information regarding our collection, use, disclosure, and protection of personal information is set forth in our Privacy Policy. Your use of the Site and Services constitutes your consent to our data practices as described therein.

9. Intellectual Property Rights.

  • Ownership of Site Content. The Site and all content and materials therein or otherwise made available through the Site or Services, including but not limited to text, graphics, images, logos, designs, audio, video, software, and compilations thereof (collectively, “Content”), are owned by or licensed to Provider and are protected by copyright, trademark, trade dress, and other intellectual property and proprietary rights laws.
  • Limited License to You. Subject to and conditioned upon your compliance with this Agreement, Provider grants you a limited, revocable, non-exclusive, non-transferable, non-sublicensable license to access and view the Content solely for your personal, non-commercial use in connection with your authorized use of the Site and Services.
  • Restrictions on Use of Content. You may not: (i) Copy, reproduce, modify, adapt, translate, create derivative works from, publish, broadcast, transmit, distribute, perform, display, or sell any Content, except as expressly permitted by this Agreement or with our prior written consent; (ii) Remove, alter, or obscure any copyright, trademark, or other proprietary notices contained in or accompanying the Content; and (iii) Use any trademarks, service marks, logos, trade names, or other identifiers of Provider or any third party without prior written permission from the applicable rights holder.
  • User Content. To the extent the Site allows you to submit, upload, post, or otherwise make available any content, including but not limited to text, comments, feedback, or other materials (“User Content”), you: (i) Grant Provider a worldwide, non-exclusive, royalty-free, fully paid-up, transferable, sub-licensable license to use, reproduce, modify, adapt, publish, translate, create derivative works from, distribute, perform, and display such User Content in connection with operating, improving, and promoting the Site and Services; (ii) Represent and warrant that you have all rights necessary to grant the foregoing license and that your User Content does not infringe or violate any third-party rights or any applicable law.
  • If you provide any suggestions, comments, or other feedback regarding the Site or Services (“Feedback”), you agree that Provider may use such Feedback for any purpose without any obligation to you, including without limitation to improve, develop, or market the Site or Services.

10. Fees, Payments, and Cancellations (If Applicable).

  • Provider may charge fees for certain Services, such as individual sessions, group sessions, workshops, or other offerings. The applicable fees and payment terms will be presented to you at the time of purchase, scheduling, or registration.
  • Payment Authorization. By providing a payment method and submitting payment information, you: (i) Represent and warrant that you are authorized to use the designated payment method; (ii) Authorize us (or our third-party payment processor) to charge the full amount of the fees, including any applicable taxes and other charges, to the designated payment method.
  • No Refunds Unless Expressly Stated. Except as expressly provided at the time of purchase or required by applicable law, all fees are non-refundable. You are responsible for all charges incurred under your account, regardless of whether you personally authorized such charges.
  • Cancellations and Rescheduling. If the Services include scheduled sessions: (i) Provider may establish cancellation and rescheduling policies, including deadlines and fees, which will be communicated on the Site or at the time of booking; and (ii) You are responsible for complying with such policies. Failure to provide timely notice of cancellation or rescheduling may result in forfeiture of fees paid or assessment of additional charges.
  • Changes in Fees. Provider may modify fees and billing terms at any time in its sole discretion, upon notice to you. Such changes will be effective for any subsequent purchases or renewals after the effective date of the change.

11. Third-Party Sites and Services.

  • Third-Party Links. The Site may contain links to websites or services owned or operated by third parties (“Third-Party Sites”). Such links are provided for your convenience only. Provider does not control and is not responsible for the content, privacy policies, or practices of any Third-Party Sites.
  • No Endorsement. The inclusion of any link to a Third-Party Site does not imply endorsement by Provider of such site, its operators, or any content or services provided thereon. Your use of any Third-Party Site is at your sole risk and subject to the terms and conditions and privacy policies applicable to such Third-Party Site.
  • Third-Party Services. From time to time, the Site or Services may enable you to access or use services, software, or content provided by third parties (“Third-Party Services”). Your use of any Third-Party Service is solely between you and the applicable third party and is subject to any applicable terms, conditions, and policies of such third party.

12. Disclaimers.

  • General Disclaimer. To the fullest extent permitted by applicable law, the Site, Services, and all Content and information available through the Site are provided “as is” and “as available,” with all faults and without warranties of any kind, whether express, implied, statutory, or otherwise.
  • No Warranties. Without limiting the foregoing, Provider expressly disclaims all warranties of any kind, whether express or implied, including but not limited to: (i) Any implied warranties of merchantability, fitness for a particular purpose, title, and non-infringement; (ii) Any warranties arising out of course of dealing, course of performance, or usage of trade; (iii) Any warranties that the Site, Services, or Content will meet your requirements, achieve any intended results, be compatible or work with any other software, applications, systems, or services, operate without interruption, meet any performance or reliability standards, or be error-free; and (iv) Any warranties as to the accuracy, completeness, reliability, timeliness, or usefulness of any Content or information.
  • No Professional Advice or Services. Provider makes no representation or warranty that: (i) The Site, Services, or Content constitute or provide therapy, counseling, diagnosis, treatment, or professional services of any kind; (ii) Provider is licensed or authorized to provide professional services in any jurisdiction; (ii) Any information or Support Services will result in any particular outcome, improvement, or benefit.
  • Users Risk. You acknowledge and agree that: (i) Your use of the Site, Services, and Content is at your sole risk; (ii) You are solely responsible for any decisions or actions you take or refrain from taking based on your use of the Site, Services, or Content; (ii) You will consult with qualified licensed professionals before making any decisions regarding your physical or mental health, finances, relationships, or other matters that may have significant consequences.
  • Internet and Technology Risks. Provider does not warrant that the Site or Services will be secure, free from viruses, malware, or other harmful components, or that defects will be corrected. You are responsible for implementing appropriate safeguards to protect your devices, data, and systems.

13. Limitation of Liability.

  • Exclusion of Certain Damages. To the fullest extent permitted by applicable law, in no event shall Provider, its owners, officers, directors, employees, contractors, agents, affiliates, successors, or assigns (collectively, the “Provider Parties”) be liable to you or any third party for any indirect, incidental, consequential, special, exemplary, punitive, or enhanced damages, including but not limited to: (i) Loss of profits, revenue, business, or anticipated savings; (ii) Loss of data or privacy; (iii) Emotional distress or mental anguish; (iv) Loss of goodwill or reputation; (v) Inability to use the Site or Services; (vi) Arising out of or in connection with your use of or inability to use the Site, Services, or Content, even if Provider has been advised of the possibility of such damages.
  • Cap on Direct Damages. To the fullest extent permitted by applicable law, the total aggregate liability of the Provider Parties for any and all claims arising out of or in connection with this Agreement, the Site, Services, or Content, whether in contract, tort (including negligence), strict liability, or otherwise, shall not exceed: (i) The total amount of fees actually paid by you to Provider for the Services giving rise to the claim during the three (3) month period immediately preceding the event giving rise to the claim; or (ii) If you have not paid any fees, one hundred U.S. dollars (USD $100.00).
  • Applicability of Limitations. The limitations and exclusions set forth in this Section 13: (i) Apply to the maximum extent permitted by law; (ii) Apply even if any remedy fails its essential purpose; and (iii) Do not limit or exclude liability for gross negligence, willful misconduct, or any other liability that cannot be excluded or limited under applicable law.
  • Allocation of Risk. You acknowledge and agree that the limitations of liability set forth in this Agreement reflect a reasonable allocation of risk and form an essential basis of the bargain between you and Provider.

14. Indemnification.

  • Indemnity by User. To the fullest extent permitted by applicable law, you agree to indemnify, defend, and hold harmless the Provider Parties from and against any and all claims, demands, actions, suits, proceedings, liabilities, losses, damages, judgments, settlements, costs, and expenses (including reasonable attorneys fees and costs) arising out of or related to: (i) Your use of or access to the Site, Services, or Content; (ii) Your violation or alleged violation of this Agreement or any applicable law, rule, or regulation; (iii) Your User Content, including any claim that such content infringes, misappropriates, or otherwise violates any intellectual property, privacy, or other rights of any third party; and (iv) Any actions or decisions you take or fail to take based on your use of the Site, Services, or Content.
  • Indemnification Procedure. Provider reserves the right, at its own cost, to assume the exclusive defense and control of any matter otherwise subject to indemnification by you, in which event you will fully cooperate with Provider in asserting any available defenses.
  • No Settlement Without Consent. You may not settle any claim that results in any liability or admission of liability or wrongdoing by any Provider Party or imposes any obligations on any Provider Party without the prior written consent of Provider.

15. Compliance with Laws

  • User Compliance. You agree to use the Site and Services in compliance with all applicable local, state, national, and international laws, rules, and regulations, including but not limited to laws related to data protection, privacy, and the receipt of wellness or support services from individuals who are not licensed professionals.
  • Regulatory Restrictions. If laws or regulations in your jurisdiction prohibit or restrict your use of the Site or Services, you must comply with such laws and refrain from using the Site or Services to the extent of such prohibition or restriction.

16. Termination: Suspension: Survival.

  • Termination by Provider. Provider may, in its sole discretion and without prior notice or liability, suspend, limit, or terminate your access to all or part of the Site or Services, or terminate this Agreement, at any time and for any reason, including but not limited to: (i) Your actual or suspected violation of this Agreement or any applicable law; (ii) Conduct that Provider determines to be abusive, harmful, or inappropriate; and (iii) Operational or security concerns.
  • Termination by User. You may terminate this Agreement and your account at any time by ceasing all access to and use of the Site and Services and by following any account termination procedures provided on the Site or by contacting Provider at dianetracy@snet.net.
  • Effect of Termination. Upon termination: (i) Your license to use the Site, Services, and Content will immediately cease; (ii) You must immediately discontinue all use of the Site, Services, and Content; and (iii) All provisions of this Agreement which by their nature should survive termination shall survive, including but not limited to Sections 2, 5, 6, 7, 8, 9, 11, 12, 13, 14, 15, 16c, 17, 18, and 19.

17. Governing Law: Jurisdiction: Dispute Resolution

  • Governing Law. This Agreement and any dispute, claim, or controversy arising out of or relating to this Agreement, the Site, Services, or Content (collectively, “Disputes”) shall be governed by and construed in accordance with the laws of the State of North Carolina, without giving effect to any choice-of-law or conflict-of-law principles that would result in the application of the laws of any other jurisdiction.
  • Venue and Jurisdiction. You agree that: (i) Any legal suit, action, or proceeding arising out of or related to this Agreement or your use of the Site or Services shall be instituted exclusively in the state or federal courts located in [County], North Carolina; (ii) You hereby irrevocably submit to the personal jurisdiction of such courts and waive any objection based on improper venue or inconvenient forum.
  • Informal Resolution. Before initiating any court proceeding, you agree to first attempt to resolve any Dispute informally by contacting Provider at dianetracy@snet.net with a written description of the Dispute. Provider will use reasonable efforts to resolve the Dispute informally. If the Dispute is not resolved within thirty (30) days after Providers receipt of your written notice, either party may pursue its rights in court, subject to the provisions of this Section.
  • Time Limitation. To the maximum extent permitted by applicable law, any claim or cause of action you may have arising out of or relating to this Agreement, the Site, or the Services must be commenced within one (1) year after the claim or cause of action accrues, otherwise such claim or cause of action is permanently barred.

18. Miscellaneous.

  • Entire Agreement. This Agreement, together with the Privacy Policy and any other written terms and conditions expressly incorporated by reference, constitutes the entire agreement between you and Provider with respect to the subject matter hereof and supersedes all prior or contemporaneous understandings, agreements, representations, and warranties, whether written or oral, regarding such subject matter.
  • If any provision of this Agreement is held to be invalid, illegal, or unenforceable by a court of competent jurisdiction, such provision shall be enforced to the maximum extent permissible, and the remaining provisions of this Agreement shall remain in full force and effect.
  • No waiver by Provider of any term or condition set out in this Agreement shall be deemed a further or continuing waiver of such term or condition or a waiver of any other term or condition, and any failure of Provider to assert a right or provision under this Agreement shall not constitute a waiver of such right or provision.
  • You may not assign, transfer, or delegate this Agreement or any of your rights or obligations hereunder, whether by operation of law or otherwise, without the prior written consent of Provider. Provider may freely assign, transfer, or delegate this Agreement or any of its rights or obligations hereunder without restriction.
  • Relationship of the Parties. Nothing in this Agreement shall be construed to create a partnership, joint venture, employment, or agency relationship between you and Provider. You acknowledge that you are an independent user and that Provider is not acting as your agent or fiduciary.
  • Provider may provide notices to you under this Agreement by: (i) Posting such notices on the Site; (ii) Sending an email to the address associated with your account; or (iii) Any other method reasonably chosen by Provider; (iv) Any notices to Provider should be sent to 364 Hill Creek Blvd., Chapel Hill, NC 27516 and dianetracy@snet.net.
  • The headings in this Agreement are for convenience only and shall not affect the interpretation of this Agreement.
  • This Agreement has been prepared in the English language, and the English language version shall control in all respects and shall prevail in case of any inconsistencies with translated versions, if any.

19. User Acknowledgment and Consent

  • By accessing or using the Site or Services, you acknowledge that: (i) You have read, understood, and agree to be bound by this Agreement; (ii) You understand and accept that Provider is not a licensed therapist, counselor, physician, or other health care or mental health professional, and that the Services are not therapy, counseling, diagnosis, or medical treatment; and (iii) You understand that you are solely responsible for seeking and obtaining appropriate professional care from licensed professionals as needed.
  • By clicking “I Agree,” checking any “I Agree” box, creating an account, scheduling or attending any session, or otherwise using the Site or Services, you: (i) Affirm your agreement to be bound by this Agreement; (ii) Consent to the practices described herein, including with respect to disclaimers, limitations of liability, and data practices as set forth in the Privacy Policy.
  • Contact Information. If you have any questions regarding this Agreement, the Site, or the Services, you may contact Provider at: We Are the Light, LLC, 364 Hill Creek Blvd., Chapel Hill, NC 27516 dianetracy@snet.net [Contact Telephone Number]

Integrated Disclaimers: User Content: Third-Party Platforms: Liability: Disputes: Contact.

  1. Guidance and Inspiration Only; Not Therapy; No Professional Relationship. The Services provided by We Are The Light, LLC (“We Are The Light,” “Company,” “we,” “us,” or “our“)-including our blog content, the 365 Day Journal: Finding Your Inner Light, other journals and books, social media posts and interactions (including Instagram and the “We Are The Light by Tracy” Facebook page), newsletters, comments, and any related materials (collectively, the “Content“)-are offered solely for general inspiration, education, and personal reflection. The Content is not medical, psychological, psychiatric, counseling, or therapeutic advice, and is not intended to diagnose, treat, cure, or prevent any condition. We Are The Light is not a licensed therapist and does not provide therapy, counseling, psychotherapy, or other licensed mental health services. Your use of the Services does not create a therapist-client, counselor-client, psychologist-client, psychiatrist-patient, physician-patient, fiduciary, or other professional relationship with We Are The Light. You are solely responsible for your decisions, actions, and results, and you agree not to delay, disregard, or discontinue professional care based on the Content.
  2. Crisis Disclaimer; Emergency Resources Notice; No Monitoring Duty. The Services are not designed for, and must not be used for, emergencies or crisis situations, including suicidal thoughts, self-harm, threats of harm to others, abuse, or any situation requiring immediate assistance. If you are in immediate danger or experiencing a crisis, call your local emergency number immediately (for example, 911 in the United States) or go to the nearest emergency room. If you are in the United States and need immediate support, you may contact the 988 Suicide & Crisis Lifeline by calling or texting 988. If you are outside the United States, contact your local emergency number or local crisis hotline. You acknowledge and agree that we do not have any obligation to monitor communications or User Content for crisis indicators and we may be unable to respond promptly; any response by us is discretionary and does not create any duty to provide emergency services or ongoing support.
  3. Intellectual Property Notice; Limited License; Restrictions. All right, title, and interest in and to the Services and Content (including text, prompts, exercises, journal pages, book excerpts, graphics, logos, designs, photographs, audio, video, and compilations) are owned by We Are The Light or its licensors and are protected by applicable intellectual property laws. Subject to your compliance with these Terms, We Are The Light grants you a limited, revocable, non-exclusive, non-transferable, non-sublicensable license to access and use the Content solely for your personal, non-commercial use. You must not copy, reproduce, distribute, publish, publicly display, transmit, sell, license, create derivative works from, or otherwise exploit any Content without our prior written consent, except to the extent such restriction is prohibited by applicable law. You must not remove or alter any copyright, trademark, or other proprietary notices. Any unauthorized use terminates the license granted in this Section automatically.
  4. User Content Policy; Acceptable Use; Rights; Removal. If the Services permit you to post, submit, message, comment, upload, or otherwise provide content (collectively, “User Content“), you remain responsible for your User Content and represent and warrant that you have all rights necessary to submit it and that it complies with applicable law. You agree not to post or transmit User Content that: (a) you do not have the legal right to publish or transmit; (b) infringes any copyright, trademark, patent, trade secret, privacy, publicity, or other rights of any person; (c) is unlawful, harmful, threatening, abusive, harassing, defamatory, vulgar, obscene, hateful, racially or ethnically offensive, or otherwise objectionable; (d) contains malware, viruses, or code designed to disrupt or limit functionality of any software, hardware, or telecommunications equipment; (e) includes unsolicited or unauthorized advertising, promotions, spam, or solicitations; (f) impersonates any person or entity or misrepresents affiliation; or (g) collects or stores personal data about other users without authorization. You grant We Are The Light a worldwide, non-exclusive, royalty-free, fully paid, sublicensable license to host, store, reproduce, display, publish, and distribute your User Content solely as necessary to operate, moderate, secure, and improve the Services and to enforce these Terms. We may remove, restrict, or disable access to User Content at any time in our discretion, and may suspend or terminate access for violations.
  5. Third-Party Platforms and Links. The Services may be accessed through, embedded in, or linked to third-party platforms and services (including Instagram and Facebook) and may include links to third-party websites, products, or resources. Third-party platforms and links are provided for convenience only. We do not control and are not responsible for third-party content, availability, security, or privacy practices, and we do not endorse third-party offerings. Your use of third-party platforms is governed by their terms and policies, and you assume all risks arising from such use.
  6. Disclaimer of Warranties. To the maximum extent permitted by law, the Services and Content are provided on an “as is” and “as available” basis. We disclaim all warranties, express or implied, including implied warranties of merchantability, fitness for a particular purpose, title, and non-infringement. We do not warrant that the Services will be uninterrupted, timely, secure, error-free, or free of viruses or other harmful components, or that any errors will be corrected, or that the Content is complete, accurate, or suitable for your purposes. You assume all risk of use, including risk of harm resulting from reliance on the Content.
  7. Limitation of Liability. To the maximum extent permitted by law, We Are The Light and its owners, managers, employees, contractors, and agents will not be liable for any indirect, incidental, consequential, special, exemplary, or punitive damages, or for any loss of profits, revenue, data, goodwill, or emotional distress, arising out of or related to the Services, Content, User Content, or these Terms, even if advised of the possibility of such damages. To the maximum extent permitted by law, the total aggregate liability of We Are The Light for any claim arising out of or related to the Services or these Terms will not exceed the amount you paid to We Are The Light for the specific paid product or service giving rise to the claim during the three (3) months immediately preceding the event giving rise to the claim, or USD $100 if you paid nothing. Nothing in these Terms limits liability to the extent it cannot be limited under applicable law.
  8. You agree to indemnify, defend, and hold harmless We Are The Light and its owners, managers, employees, contractors, and agents from and against any and all claims, demands, actions, suits, proceedings, damages, losses, liabilities, judgments, penalties, fines, costs, and expenses (including reasonable attorneys’ fees) arising out of or related to: (a) your access to or use of the Services or Content; (b) your User Content; (c) your violation of these Terms or applicable law; or (d) your infringement or alleged infringement of any intellectual property, privacy, or other rights of any person. We may assume the exclusive defense and control of any matter subject to indemnification by you, and you agree to cooperate as reasonably requested.
  9. Changes; Suspension; Termination. We may modify the Services, Content, and these Terms at any time by posting updated terms on the Services (or by otherwise making them available). Changes are effective upon posting unless a later effective date is stated. Your continued use after changes become effective constitutes acceptance. We may suspend, restrict, or terminate your access to the Services at any time if we reasonably believe you have violated these Terms, created risk or potential legal exposure for We Are The Light, or used the Services in a harmful, abusive, or unlawful manner. Upon termination, the license granted to you ends immediately, and Sections intended by their nature to survive (including disclaimers, limitation of liability, indemnification, and dispute provisions) will survive.
  10. Governing Law; Dispute Resolution; Venue; Notices. These Terms and any dispute, claim, or controversy arising out of or relating to the Services, Content, or these Terms will be governed by and construed in accordance with the laws of the state in which We Are The Light, LLC is organized, without regard to conflict-of-laws rules. Unless prohibited by applicable law, you agree that any legal action must be brought exclusively in the state or federal courts located in that state, and you consent to personal jurisdiction and venue in those courts and waive objections based on inconvenient forum. All notices you provide to We Are The Light must be in writing and delivered by email or by certified or registered mail to the contact information in Section 11 (or as otherwise posted by us).
  11. Contact Information. For questions, notices, or requests regarding the Services or these Terms, contact We Are The Light, LLC at: (a) Email: diane@wearethelightbytracy.com; (b) Mailing Address: 364 Hill Creek Blvd., Chapel Hill, NC 27516; (c) Telephone (optional): [CONTACT TELEPHONE].
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