Isbel Terms of Use

Welcome, and thank you for your interest in Isbel & Co. (“Isbel”) and our web-based service available at www.isbel.com.  The following Terms of Use (“Terms”) is a legally-binding contract between you and Isbel regarding your use of the Isbel website, the positive change counseling service, and other features (collectively, the “Service”), and your consumption of any information, text, graphics, photos or other materials uploaded, downloaded or appearing on the Service (collectively referred to as “Content”).

Please read the following Terms of Use carefully. By purchasing, accessing, browsing or using the Service, you acknowledge that you have read, understood and agree to be bound by the following terms and conditions, and any additional terms or future modifications (collectively, the “Terms”). If you are not eligible, or do not agree to the Terms, then please do not use the Service.

Service Content

The Service and its Content are for informational, educational, and self-guided coaching use only. The Service and its Content should not be considered therapy treatment or medical advice. You agree, confirm and acknowledge that you are aware of the fact that the positive change virtual counseling care offered through the Service is not a full and complete substitute for a face-to-face session by a medical professional or a licensed therapist. You should never rely on or make significant health or well-being decisions purely on use of Isbel. Never disregard, avoid, or delay in obtaining medical advice from your doctor, therapist, or other qualified healthcare provider by traditional face-to-face appointment because of information or advice you received through Isbel. You should always talk directly to an appropriately qualified health care professional for diagnosis and treatment, including information regarding which medications or treatment may be appropriate for you. Without limitation, Isbel does not recommend or endorse any specific health tests, providers, medications, products or procedures – we always encourage you to discuss these directly with your health care providers.

Do not use this service for emergency medical needs. If you are thinking about suicide, or considering taking action that may cause harm to you or others, or experiencing any other medical emergency, call 911 immediately.

Eligibility

You must be at least eighteen (18) years old to use the Service, unless we receive a signed and notarized parental consent form.  Given the Service is not a therapy treatment service, you also cannot be experiencing severe depression or anxiety, or a medical emergency.  By agreeing to the Terms, you represent and warrant to us that you are at least eighteen (18) years old, that you are not experiencing dehabiliting depression or anxiety, nor a medical emergency, and that you acknowledge that your ability to access and use the Service is conditioned upon the truthfulness of this information on your age and state of health.

New Client Accounts and Registration

To access the Service, you must provide your billing information, which includes your name and credit card or paypal information.  Separately, you will set up a new client account profile and history, in which you can select any name to use for your account for anonymity. You agree that the email address for your client profile, and your complete billing profile that you provide to us, is and will be accurate and up-to-date at all times. If the email address for the client profile or your complete billing profile is untrue, inaccurate, not current or incomplete, or Isbel has reasonable grounds to suspect that such account information is untrue, inaccurate, not current or incomplete, Isbel reserves the right to suspend, cancel, or refuse any future request(s) to use the Service.

User Content and Data Protection & Privacy

Certain features of the Service may permit users to post content, including messages and text (collectively called, “User Content”) and to publish User Content on the Service. You recognize in submitting User Content on the Service, that it will be shared with any care team professionals assigned to you.

We do take your confidentiality seriously – all User Content is stored and shared without your billing information or email address, and is viewable only by your assigned care team professionals with the name you selected upon account creation (see New Clients Account and Registration above), as well as by select Isbel executives occasionally for oversight and accountability purposes, or by customer service agents, at your request.

Upon termination of your account (see Termination below), we delete your data from our servers within a month of termination, unless you have opted into Research and Data Participation (see below).

Research and Data Sharing

Upon creating a New Account, you are asked whether you would like to opt into Research and Data Sharing. Only clients who have given informed consent during New Account creation participate in Research and Data Sharing.  Clients can choose not to consent and doing so will not impact their Service.

If you choose to consent, your anonymous User Content and data will be added to our research database, which may be accessed by Isbel educators and researchers to improve the information delivered to clients and to publish summary findings on women’s health.  By opting into Research and Data Sharing, you grant Isbel a worldwide, royalty-free, perpetual, and irrevocable right and license to display and distribute your anonymous User Content and data.

Payment

Payment for use of the Service is used to compensate Isbel for its software development, overhead, administrative services and other corporate costs and fees, including transaction fees for credit card usage. Payment is also used to cover research on positive change counseling practices, and access to expertise for new clients’ change programs, including payment to expert professionals in sex and relationships, which may include a medical professional and/or therapist. Regardless of this payment, Isbel does not hold itself out as the direct provider of any therapy treatment or medical services, and is not a replacement for therapy treatment or medical services.

You agree to pay all fees and charges associated with your Service on a timely basis and according to the fee schedule, the terms and rates of which may change.  Isbel agrees to notify you at the email address on your billing profile of any changes, at least 30 days in advance. Such fees and charges (including any taxes and late fees, as applicable) may be charged on the credit card or paypal information provided during the initial purchase of the Service. You agree to maintain valid credit card or paypal information. By providing Isbel with credit card or paypal information, you authorize Isbel to bill and charge your credit card or paypal account.

Acceptable Use

You agree not to access or use the Service in an unlawful way or for an unlawful or illegitimate purpose or in any manner that contravenes these Terms. You shall not post, use, store or transmit (i) information that is unlawful, libelous, defamatory, obscene, fraudulent, predatory of minors, harassing, threatening or hateful to any person; or (ii) information that infringes or violates any of the intellectual property rights of others or the privacy or publicity rights of others. You shall not attempt to disrupt the operation of the Service by any method, including through use of viruses, Trojan horses, worms, time bombs, denial of service attacks, flooding or spamming. You shall not use the Service in any manner that could damage, disable or impair the Service. You shall not attempt to gain unauthorized access to any user accounts or computer systems or networks, through hacking, password mining or any other means. You shall not use any robot, scraper or other means to access the Service for any purpose. Neither Isbel nor its affiliates are under any obligation to respond to every message posted on the Service. You are solely responsible for the information or material you post on the Service.

Intellectual Property Rights

The Service and all its Content is owned and operated by Isbel.  The visual interfaces, graphics, design, compilation, information, computer code (including source code or object code), products, software, services, and all other elements of the Service provided by Isbel (the “Materials”) are protected by United States copyright, trade dress, and trademark laws, international conventions, and all other relevant intellectual property and proprietary rights, and applicable laws.  All Materials contained in the Service, except for User Content from clients who have not opted into Research, are the property of Isbel or its subsidiaries or affiliated companies and/or third-party licensors. All trademarks, service marks, and trade names are proprietary to Isbel or its affiliates and/or third-party licensors. Except as expressly authorized by Isbel, you agree not to sell, license, distribute, copy, modify, publicly perform or display, transmit, publish, edit, adapt, create derivative works from, or otherwise make unauthorized use of the Materials. Isbel reserves all rights to the Materials not expressly granted in the Terms.

Isbel respects the intellectual property of others and takes the protection of copyrights and all other intellectual property very seriously, and Isbel asks our users to do the same. Isbel therefore employs measures to prevent copyright and other intellectual property infringement on the Site. Pursuant to Title 17, United States Code, Section 512(c)(2), if you believe that your work has been copied in a way that constitutes copyright or other intellectual property infringement, please send a written notification of the claimed copyright or other intellectual property infringement to the following Designated Agent:

Isbel & Co.

400 West Peachtree St NW

STE 4-1085

Atlanta, GA 30308

Under Title 17, United States Code, Section 512(c)(3)(A), to be effective the notification must include substantially the following information:

  • A physical or electronic signature of the person authorized to act on behalf of the owner of the copyright or other intellectual property interest that is allegedly infringed;
  • Identification of the copyrighted work or other intellectual property that you claim has been infringed, or if multiple copyrighted works or other intellectual property on the Site are covered by the notice, a representative list of such works;
  • Identification of the material that you claim is infringing or to be the subject of infringing activity and that is to be removed or access to which is to be disabled, and information reasonably sufficient to permit Isbel to locate the material;
  • Information reasonably sufficient to permit Isbel to contact you, such as your name, address, telephone number and email address;
  • A statement by you that you have a good-faith belief that the disputed use is not authorized by the copyright or other intellectual property owner, its agent, or the law; and
  • A statement by you that the notification is accurate, and under penalty of perjury, that you are the copyright or other intellectual property owner or authorized to act on the copyright or other intellectual property owner’s behalf.

Do not send any inquiries unrelated to copyright or other intellectual property infringements to the contact listed above.

Termination

You may terminate your account with Isbel at any time by contacting customer service at careteam@isbel.com.  If you terminate your account, you will remain obligated to pay all outstanding fees and charges, if any, relating to your use of the Service incurred before termination.

If you violate any of the Terms, your permission to use the Service will automatically terminate.  You also agree that we may, at any time and without notice to you, suspend or revoke your access to and use of the Service, and any accounts you may have in connection with the Service including: (i) where we determine in our sole discretion that such action is reasonable in order to comply with legal requirements or to protect the rights or interests of Isbel or any third party; or (ii) in connection with any general discontinuation of the Service. We will have no liability whatsoever ny suspension or revocation of your access to or use of the Service.

Disclaimer

The Service is provided “as is” and on an “as available” basis, without warranty or condition of any kind, either expressed or implied. The Service may be updated and changed at any time. Isbel specifically (but without limitation) disclaim (i) any implied warranties or merchantability, fitness for a particular purpose, quiet enjoyment or non-infringement; (ii) any warranties arising out of course-of-dealing, usage, or trade; (iii) any warranties that the information or results provided in, or that may be obtained from use of, the Service will meet your requirements or be accurate, reliable, complete, or up-to-date; and (iv) any warranties whatsoever regarding any products, services, information or other material advertised, made available, or referred to you through the service.  You assume all risk for all damages, including damage to your computer system, mobile device or loss of data that may result from your use of or access to the Service. Any content, materials, information or software downloaded, used or otherwise obtained through the use of the Service is done at your own discretion and risk.

Limitations of Liability

In the event of any problem or issue with the Service that cannot be solved by Isbel customer support, you agree the only solution is to terminate your account and the Service. You agree that you will be personally responsible for your use of the Service, and you agree to defend, indemnify and hold harmless Isbel and its officers, directors, employees, consultants, affiliates, subsidiaries and agents (collectively, the “Isbel Entities”) from and against any and all claims, liabilities, damages, losses and expenses, including reasonable attorneys’ and accounting fees and costs, arising out of or in any way connected with (i) your access to, use of or alleged use of the Service; (ii) your violation of the Terms or any representation, warranty, or agreements referenced herein, or any applicable law or regulation; (iii) your violation of any third party right, including without limitation any intellectual property right, publicity, confidentiality, property or privacy right; or (iv) any disputes or issues between you and any third party.  We reserve the right, at our own expense, to assume the exclusive defense and control of any matter otherwise subject to indemnification by you, and in such case, you agree to cooperate with our defense of such claim.

Some jurisdictions do not allow the exclusion of certain warranties in some circumstances.  Accordingly, some of the above limitations may not apply to you.

Dispute Resolution

Any dispute or claim relating in any way to your use of the Service will be resolved by binding confidential arbitration, rather than in court. The Federal Arbitration Act and federal arbitration law apply to these Terms. There is no judge or jury in arbitration, and court review of an arbitration award is limited. However, an arbitrator can award on an individual basis the same damages and relief as a court (including injunctive and declaratory relief or statutory damages), and must these Terms as a court would. It is agreed that any dispute resolution proceedings will be conducted only on an individual basis and not in a class, consolidated or representative action. If for any reason a claim proceeds in court rather than in arbitration, Isbel and you each waive any right to a jury trial. It is further agreed that you may not bring suit in court to enjoin infringement or other misuse of intellectual property rights.

Governing Law

These Terms, whether interpreted in a court of law or in arbitration, shall be governed by the laws of the State of Georgia as they apply to agreements entered into and to be performed entirely within Georgia by Georgia residents, and without regard to conflict of law principles.  To the extent that any lawsuit or court proceeding is permitted hereunder, you and Isbel agree to submit to the personal and exclusive jurisdiction of the state courts and federal courts located within Atlanta, Georgia for the purpose of litigating all such claims or disputes.

The Terms constitute the entire and exclusive understanding and agreement between you and Isbel regarding your use of and access to the Service. Isbel may revise these Terms from time to time without notice to you. By continuing to access or use our Service after those revisions become effective, you agree to be bound by the revised terms. If you have any questions regarding Isbel, the Service, or the Terms, please contact us at inquiries@isbel.com.