PLEASE READ THESE TERMS OF USE CAREFULLY BEFORE USING THIS WEBSITE. IF YOU DO NOT AGREE WITH THESE TERMS OF USE, DO NOT USE THIS WEBSITE.

Agreement

By accessing the website of Nicole Schutzbank, LLC (the “Practice”), you acknowledge that you have read and understand and voluntarily agree to be bound by these terms of use for the website www.nicoleschutzbank.com. You also agree to comply with all laws and regulations applicable to the use of the website, the use of the Internet, and the activities involved in using this website.

These terms of use may be modified at any time, and such modified terms of use shall be effective immediately upon posting here. Each use by you shall constitute and be deemed your unconditional acceptance of these terms of use. Your visit to this website is also governed by the Privacy Policy posted on the website.

No Client-Therapist Relationship Formed

All materials on this website are provided by the Practice for informational purposes only and do not contain medical advice or any other form of advice regarding any specific facts or circumstances. The transmission and receipt of information contained on the website neither form nor constitute a client-therapist relationship with the Practice or any of its medical practitioners. Any use of the information contained on this website or transmittal of information from emails on this website does not give you a reasonable basis for a belief that a client-therapist relationship has been created.

Transmission of Information

If you would like to schedule an appointment with the Practice for the purposes of receiving therapy services, the best way to initiate a discussion is to contact the Practice by telephone or using the Contact form on this website. Under no circumstance should you provide the Practice with confidential medical information on this website.  Further, you should not provide the Practice with any confidential medical information via any other means of communication until you have been asked to provide such information by one of the Practice’s representatives.

Visitor Online Conduct

You agree to use this website only for lawful purposes and for its intended purposes. You agree not to interfere with or compromise the security of this website or any computers, servers, accounts, networks, data, software, and/or hardware associated with this website. You agree not to attempt to obtain access to any portion of this website, any computer, server, account, network, software, or hardware associated with the website from which you are restricted.

The Practice reserves the right to prohibit any conduct involving this website that it deems to be inappropriate. You are prohibited from uploading, posting, or otherwise distributing on this website any unlawful, threatening, libelous, defamatory, obscene, pornographic, or profane content that could produce any civil or criminal liability for either yourself or for the Practice, its affiliates, officers, directors, employees, agents, or any such similarly situated persons or entities.

You agree that you are solely responsible for any actions you undertake while visiting this website and that you will comply with all applicable local, state, national, and international laws and regulations applicable to this website and the Internet, including United States copyright and export regulations. The Practice may limit or terminate your access to any part of this website at any time without notice to you.

Links from this Website

This website may redirect or link to other websites on the Internet or may otherwise include references to information, products, or services made available by either affiliated or unaffiliated third parties. While we make every effort to work with trusted, reputable providers, from time to time, such sites may contain information, material, or policies that some may find inappropriate or personally objectionable. You understand that we are not responsible for, and take no liability for, the accuracy, completeness, decency, or legality of content or any errors or omissions on third-party websites that are reached via a link from this website. The inclusion of such a link or reference is provided merely as a convenience and does not imply endorsement of, or association with, the third-party site by us or any warranty of any kind, either express or implied. If you decide to access any third-party websites linked to this website, you do so entirely at your own risk and subject to the terms and conditions of use for such websites.

Copyright

The information presented on the website is exclusively owned by the Practice and is copyrighted, and any unauthorized use of such content may violate copyright, trademark, and other laws. Information on the website may not be used, uploaded, posted, modified, reproduced, publicly displayed, or distributed for any public or commercial purposes without express permission of the Practice. Anything for which the Practice has granted permission to use, upload, post, or otherwise distribute must contain the notice "© 2023 Nicole Schutzbank, LLC - Used By Express Permission." Should a user download the information on the website for personal or non-commercial use, the user must retain all copyright, trademark, or other similar notices contained in the original materials on any copies of the material.

The Practice, its attorneys, agents, employees, or any such similarly situated persons or entities are not liable for damages resulting from any infringement resulting from your actions involving copyrighted or proprietary right-protected material.

The Practice, pursuant to the Digital Millennium Copyright Act, designates its principal to receive complaints and notices of suspected copyright infringements. The Practice’s principal can be reached via email at info@nicoleschutzbank.com.

AS-IS and AS-AVAILABLE

This website is provided "AS-IS" and "AS-AVAILABLE." The Practice makes no representations or warranties of any kind, express or implied, concerning (1) the operation of this website, (2) the availability, accuracy, reliability, or currentness of any content or services available on this website, or (3) the results that may be obtained from the use of this website or any content or services available through this website. While every effort has been made to offer current and accurate information, errors can occur. You agree to visit this website solely at your own risk. You agree that your use of this website and any content or services available through this website is solely at your own risk. We do not warrant that this website will be available at all times or that your use will be continuous and/or error-free.

PRACTICE DISCLAIMS, TO THE MAXIMUM EXTENT PERMISSIBLE BY RELEVANT LAW, ALL WARRANTIES, EXPRESS OR IMPLIED, INCLUDING BUT NOT LIMITED TO IMPLIED WARRANTIES OF FITNESS FOR A PARTICULAR PURPOSE AND IMPLIED WARRANTIES OF MERCHANTABILITY. THE LAWS OF YOUR STATE MAY PROVIDE ADDITIONAL WARRANTIES OR LIMIT THE ABILITY OF PRACTICE TO LIMIT WARRANTIES.

Limitation of Liability

The Practice, its attorneys, agents, employees, and any other party involved in creating, producing, serving, hosting, maintaining and/or updating this website, will not be liable to you or anyone else for any damages of any kind, including but not limited to compensatory, punitive, direct, indirect, incidental, consequential, special or similar damages, arising from your use of this website, any decision you make or action you take in reliance on the information in this website or third party external websites, or for damages arising from mistakes, omissions, interruptions, deterioration or corruption of files, deletion or corruption of email, errors, loss of data, loss of profits, defects, viruses, and/or delays, that result from your use of or inability to use this website for any reason, including but not limited to acts of god, network failure, hardware or software failure, theft, unauthorized access, the Practice 's negligence or your own errors or omissions, and any other cause, even if the Practice has been advised of the possibility of such damages. You agree that this section applies to all information available through this website. In any jurisdiction where exclusion or limitation of liability for any type of damage is prohibited, the Practice's liability is limited to the maximum extent allowed by that jurisdiction.

Indemnification

You agree to indemnify the Practice from any damages, losses, costs, or expenses that it may incur as a result of your use of this website or your use of the content, goods, and/or services available through this website, or your violation of these terms of use.

Integration Clause

You hereby acknowledge that these Terms of Use and the Privacy Policy on this website, including all documents referenced herein, represent the entire understanding between you and the Practice concerning your use of this website and the content and services available on this website.

Severability

If any provision of these terms of use is held invalid or unenforceable in whole or in part in any jurisdiction, that provision shall be ineffective in that jurisdiction without affecting the validity or enforceability of the remaining provisions of these terms of use or the validity or enforceability of any provision in any other jurisdiction.

Waiver

The failure of the Practice to exercise or enforce any right or provision of these terms of use shall not operate as a waiver of such right or provision. Any waiver by the Practice must be in writing and signed by an authorized representative of the Practice.

Governing Law; Venue; Jurisdiction; Attorneys’ Fees

This website is hosted in the United States. The website, these Terms of Use, and the Privacy Policy shall be construed in accordance with, and governed by, federal law and the laws of the State of Arizona, without regard to the application of conflicts of law principles. If you are accessing our website from a physical location outside of the United States with laws or regulations governing personal data collection, use, and disclosure that are different from United States laws, you agree that by accessing our website, you are transferring your personal information to the United States and you consent to the application of the laws of the United States and the State of Arizona with respect to use of our website and any dispute regarding our website, our services, or this Privacy Policy. Any disputes between the parties arising out of or related to this Privacy Policy, our website, or our services shall be filed in the state or federal courts located in Pima County, Arizona, and the parties specifically consent to the venue and personal jurisdiction thereof for the purposes of resolving such disputes. You agree not to plead forum non-conveniens in any legal action. The prevailing party in any litigation shall be entitled to recover from the other party its reasonable attorneys’ fees (as determined by a court and not a jury) and related costs and expenses incurred as a result of the litigation in addition to such other relief as may be granted.