Terms of Use
LITCHFIELD WELLNESS PROVIDER DIRECTORY – TERMS OF USE
Effective Date: November 1, 2025
This Terms of Use agreement (“Agreement”) applies exclusively to the Litchfield Wellness Provider Directory (the “Directory”) operated by Litchfield Wellness LLC (“Litchfield Wellness,” “we,” “us,” or “our”).
If you are seeking the Terms of Use for articles, blog posts, events, or other general content provided by Litchfield Wellness LLC, please click here to view those terms.
PLEASE READ THESE TERMS AND CONDITIONS BEFORE ACCESSING OUR WEBSITE
These Terms and Conditions (the “Terms”), together with our Privacy Policy, form a legally binding agreement between you (“User” or “Professional Member”) and Litchfield Wellness LLC. By accessing or using our website, related applications, and associated services (collectively, the “Services”) - including www.litchfieldwellness.org and www.litchfieldwellnessfestival.com - you agree to be bound by these Terms.
If you do not agree with these Terms, you must not access or use the Services.
The Services may include, but are not limited to, a digital directory, listing features, and communication tools that connect Users with independent wellness and health professionals (“Professional Members”).
We reserve the right to modify these Terms at any time. Any updates will be posted on our website, and your continued use of the Services following such changes constitutes acceptance of the revised Terms. If you do not agree with the updated Terms, you must discontinue use of the Services.
IMPORTANT NOTICE REGARDING DISPUTE RESOLUTION
These Terms contain provisions that affect how disputes between you and Litchfield Wellness LLC will be resolved, including a requirement for binding arbitration and a waiver of class action rights. Unless you opt out of arbitration as described herein:
You may bring claims against us only on an individual basis, not as part of a class or representative action.
You may seek relief only on an individual basis, including monetary, injunctive, or declaratory relief.
1. About the Services
Subject to these Terms, Litchfield Wellness grants you a limited, non-exclusive, revocable, non-transferable, and non-sublicensable license to use the Services for lawful purposes consistent with this Agreement.
Professional Members can create an account to enable certain features, including profile listings and communications. By submitting your information, you authorize Litchfield Wellness to use and disclose such information in accordance with our Privacy Policy.
While we strive to ensure that all directory information is accurate and current, Litchfield Wellness does not warrant or guarantee the completeness, accuracy, or reliability of any information contained in the Directory, including professional credentials, service quality, or insurance coverage.
Litchfield Wellness does not endorse, recommend, or refer any specific individual or organization listed in the Directory.
2. Disclaimer of Medical Liability
The Directory and related Services are provided for informational and educational purposes only. They do not constitute medical, therapeutic, or legal advice, nor do they substitute for professional care, diagnosis, or treatment.
Litchfield Wellness provides an online platform that connects Users with independent wellness and health professionals. We do not employ, manage, or supervise these professionals and are not responsible for their actions, omissions, or services.
All interactions between Users and Professional Members are the sole responsibility of those parties. Litchfield Wellness disclaims any liability arising from those interactions, including injuries, damages, or claims of any nature.
The Directory should not be used for emergency or crisis situations. If you are experiencing a medical or mental health emergency, please call 911 or contact appropriate local emergency services immediately.
3. No Professional–Client Relationship
Use of the Directory or the Services, including contacting a listed Professional Member through the site, does not create a professional–client, therapist–patient, or any other fiduciary relationship between the User, the Professional Member, or Litchfield Wellness LLC.
4. Site Access and Professional Profiles
Professional Members authorize Litchfield Wellness LLC and its representatives to collect, display, and manage information contained in their professional profiles (“Profiles”).
Profiles must accurately represent the Professional Member, their credentials, services, and location. Each Professional Member is responsible for maintaining the accuracy and timeliness of their information.
Profiles may not be transferred or managed by third parties without the Professional Member’s written authorization and notice to Litchfield Wellness.
We reserve the right to remove or disable any Profile, suspend access, or terminate accounts at our discretion and without prior notice.
5. Content
“Content” includes, but is not limited to, all text, images, data, professional information, user submissions, videos, articles, and other materials made available through the Services.
Professional Members, Users, and third parties may contribute various forms of Content, including Professional Profiles, listings, or communications.
By submitting Content, you grant Litchfield Wellness a non-exclusive, royalty-free, license to use, display, reproduce, and distribute that Content as necessary to operate and promote the Directory and related Services.
You represent and warrant that your submitted Content is accurate, lawful, and owned or properly licensed by you.
6. Professional Member Obligations
Professional Members agree to the following additional conditions:
You must hold all valid licenses, certifications, and credentials required to provide the services you advertise.
You must provide a legitimate business address and contact details.
Your Profile must be written in your own voice, unique to you, and accurately reflect your background, services, and approach.
You must disclose whether your services are offered in-person, online, or both.
You may not use your Profile to promote other individuals, group practices, or unrelated businesses.
Profile photos and videos must depict the Professional Member and be owned or properly licensed. Use of stock or AI-generated imagery is prohibited.
Litchfield Wellness reserves the right to verify credentials, edit or remove inaccurate information, and refuse publication of any content that violates these Terms.
Professional Members acknowledge that Litchfield Wellness is not responsible for User actions, including missed appointments, negative reviews, or failure to comply with these Terms.
7. Content Standards
These content standards apply to all User Content and Professional Content submitted or displayed on the Litchfield Wellness Provider Directory and any associated Services. All such content must fully comply with applicable federal, state, local, and international laws and regulations.
Without limiting the foregoing, Content must not:
Contain any material that is defamatory, obscene, indecent, abusive, offensive, harassing, violent, hateful, inflammatory, or otherwise inappropriate;
Promote sexually explicit, pornographic, or violent material, or encourage discrimination or bias based on race, gender, religion, nationality, disability, sexual orientation, or age;
Infringe on any patent, trademark, trade secret, copyright, or other intellectual property rights of any individual or entity;
Violate the rights of privacy, publicity, or other personal or proprietary rights of others;
Include any material that could expose any party to civil or criminal liability or conflict with these Terms or our Privacy Policy;
Copy, replicate, or plagiarize content from other profiles, websites, or public sources;
Include AI-generated material (e.g., ChatGPT, Bard, or similar tools) unless it has been reviewed, fact-checked, and personalized to reflect the individual provider’s authentic voice, qualifications, and scope of practice;
Intend to mislead or deceive any person, including inaccurate or exaggerated claims regarding credentials, training, methods, results, or pricing;
Attempt to capture inquiries and redirect potential clients or students to unrelated professionals, studios, or organizations without clear disclosure or consent. This includes “bait-and-switch” tactics or the use of referral funnels;
Promote or encourage illegal, unsafe, or unethical conduct;
Cause unnecessary distress, embarrassment, or alarm, or be likely to upset or inconvenience any other person;
Impersonate any person or misrepresent affiliation with any organization;
Include unauthorized commercial activities such as contests, sweepstakes, advertising, or barter;
Create a false impression of endorsement or affiliation with Litchfield Wellness LLC;
Contain or transmit sensitive information (such as medical records or personal identifiers) in insecure formats that could be intercepted or misused.
These standards exist to maintain the integrity, professionalism, and inclusivity of the Litchfield Wellness community, ensuring that all profiles and content reflect the company’s commitment to wellness, respect, and truth in representation.
8. Copyright Infringement
In accordance with Section 512(c) of the U.S. Copyright Act (Digital Millennium Copyright Act or “DMCA”), Litchfield Wellness LLC designates the following agent to receive notifications of claimed copyright infringement:
Copyright Agent:Legal DepartmentLitchfield Wellness LLC174 West Street, Suite 111Litchfield, CT 06759Email: hello@litchfieldwellness.org
We respect the intellectual property rights of all creators and expect our Users and Professional Members to do the same. If you believe your copyrighted work has been copied or displayed on our site in a way that constitutes infringement, please submit a written notice containing the following information as required by 17 U.S.C. §512(c)(3):
Signature: A physical or electronic signature of a person authorized to act on behalf of the copyright owner;
Identification of the Copyrighted Work: A description of the work claimed to have been infringed;
Identification of the Infringing Material: A description of where the infringing material is located on our website sufficient to permit us to locate it;
Contact Information: Name, address, telephone number, and email address of the complaining party;
Good-Faith Statement: A statement that the complaining party believes in good faith that the use of the material is not authorized by the copyright owner, its agent, or the law; and
Accuracy Statement: A statement that the information in the notice is accurate, and under penalty of perjury, that the complaining party is authorized to act on behalf of the copyright owner.
Upon receipt of a proper notification, Litchfield Wellness will promptly investigate and, when appropriate, remove or disable access to the allegedly infringing material.
9. User Responsibilities
9.1 General Conduct
The Services are provided for personal, professional, and lawful use in accordance with these Terms. Any other use is strictly prohibited.
By accessing or using the Directory or any related Services, you agree not to (and not to allow any third party to):
Use any automated software, robot, crawler, scraper, or similar technology to access, collect, or index data from the website or Services without written authorization;
Use the Services for any commercial or promotional purpose not expressly permitted by these Terms;
Take any action that imposes, or may impose, an unreasonable or disproportionately large load on the Services or Litchfield Wellness’s infrastructure;
Interfere with or disrupt the operation of the website or Services, including by introducing viruses, malware, denial-of-service attacks, or other harmful code;
Attempt to gain unauthorized access to any systems, servers, or networks connected to the Services or to circumvent any security measures;
Collect, store, or disclose personal information about other Users or Professional Members without their explicit consent;
Reverse-engineer, decompile, disassemble, or otherwise attempt to derive the source code of any part of the Services;
Modify, adapt, translate, or create derivative works based on any portion of the Litchfield Wellness platform or content;
Use the Services or Litchfield Wellness Content to compete with, benchmark, or conduct research against Litchfield Wellness without written permission;
Post or distribute spam, fraudulent solicitations, or misleading advertisements;
Violate any applicable law or regulation in connection with your use of the Services;
Encourage or assist any third party to engage in any of the prohibited activities described above.
Litchfield Wellness reserves the right to investigate and pursue any violation of these Terms to the fullest extent permitted by law.
We may access, preserve, or disclose your information if required to do so by law or if we believe, in good faith, that such action is necessary to:(i) comply with legal obligations;(ii) enforce or apply our agreements;(iii) detect or prevent fraud, abuse, or security threats; or(iv) protect the rights, property, and safety of Litchfield Wellness LLC, its users, Professional Members, or the public.
While Litchfield Wellness is under no general obligation to monitor user activity or content, we reserve the right to do so as necessary to:
Operate, maintain, and improve the Services;
Ensure compliance with these Terms;
Protect the community and prevent abuse or misuse of the Directory.
9.2 Professional Registration Rules
i) To post materials to the Site, such as a Professional Profile in the Directory, you must be a Professional Member. During registration, Litchfield Wellness LLC will request information including your name, email address, professional credentials, and relevant details about your wellness services. You must provide true, complete, and accurate information at all times. Litchfield Wellness will not share your registration information with third parties except as necessary to deliver the Services, or as described in our Privacy Policy.
ii) Litchfield Wellness reserves the right to suspend or terminate your profile / account at any time if we determine that:(1) You have provided false, misleading, or incomplete information regarding your identity, qualifications, or services;(2) You have purchased or utilized services that misrepresent your professional practice or business purpose; or(3) You have otherwise violated these Terms or engaged in conduct inconsistent with the standards of integrity and professionalism expected of Litchfield Wellness Members.
iii) Any business, collective, or organization managing profiles for more than 100 professionals must register as a Professional Network with Litchfield Wellness LLC. This requirement ensures transparency, accountability, and compliance with our platform standards.
10. Authorization and Acknowledgment
By using the Services to discover and communicate with Professional Members, you acknowledge and agree that:
Litchfield Wellness LLC may collect, verify, and publish information about Professional Members, including but not limited to public credentials, practice areas, and service categories;
The platform may display Professional Members whose profiles match your search or selection criteria (including location, service type, focus area, gender identity, or other preferences);
Litchfield Wellness uses proprietary algorithms to organize, rank, and display Professional Members. Search result order is based on relevance, engagement, completeness of profile, and user preferences, and does not constitute endorsement or recommendation;
Litchfield Wellness may charge Professional Members a subscription or listing fee to appear in the Directory.
Each User is solely responsible for evaluating and selecting a Professional Member. Litchfield Wellness LLC is not a health or wellness provider and does not form any professional–client relationship between Users and Professional Members. We disclaim all liability arising from the professional acts or omissions of listed providers.
11. Video Conferencing Tools
Professional Members may use third-party video conferencing tools (“Client Video”) to offer classes, consultations, or sessions through the Site or via external links. Litchfield Wellness LLC does not provide or manage healthcare, therapy, or clinical services and is not responsible for the delivery, accuracy, or content of such sessions.
By using any video conferencing tools offered through or linked from our Site, you agree that:
Litchfield Wellness merely facilitates access and communication between Users and independent providers;
Litchfield Wellness does not employ or control Professional Members, nor does it supervise their conduct or advice;
Litchfield Wellness is not responsible for the performance, content, legality, or accuracy of communications that occur through these tools; and
You release and hold Litchfield Wellness LLC harmless from any liability related to your use of the Services or participation in any sessions conducted by Professional Members.
If a third-party provider such as Zoom or Google Meet is used, you are encouraged to review their terms of service and privacy policies. Litchfield Wellness LLC has no control over, and assumes no responsibility for, the security, availability, or reliability of any third-party tools.
12. Pricing and Payment
Pricing for Professional Members’ services is determined and displayed by each Professional Member within their profile and may be modified at their discretion. Litchfield Wellness LLC is not responsible for verifying or enforcing such pricing.
Professional Members are charged a recurring subscription fee for listing on the Directory. This fee is billed monthly, with the same rate applying to all listed professionals unless otherwise agreed in writing. Subscriptions are non-refundable, and members are responsible for payment through the end of their billing period, even if they choose to cancel prior to its expiration.
13. Professional Subscriptions
13.1 Subscription Terms
By subscribing to a Litchfield Wellness plan, you agree to the specific terms, billing frequency, and renewal schedule outlined at the time of purchase. Unless otherwise stated, subscriptions renew automatically at the end of each billing cycle at the then-current rate. You may cancel your subscription prior to renewal to avoid further charges.
13.2 Billing and Charges
All subscription payments are processed through Stripe, our authorized third-party payment processor. By submitting your payment information, you authorize Litchfield Wellness LLC to charge the applicable fees to your payment method until you cancel. You are responsible for keeping your payment information current and accurate.
13.3 Cancellation Policy
To cancel your subscription, email support@litchfieldwellness.org. Cancellations take effect at the end of the current billing cycle. No refunds, prorations, or retroactive cancellations will be issued for partially used subscription periods.
13.4 Subscription Support
For billing or subscription-related questions, please contact our support team at support@litchfieldwellness.org or visit your account’s “Support” section.
13.5 Data Collection and Security
All payment data is handled in accordance with our Privacy Policy and Stripe’s security standards. Litchfield Wellness does not store credit card information.
13.6 HIPAA and PHI (If Applicable)
For Professional Members who are licensed healthcare providers and may handle Protected Health Information (“PHI”), any applicable compliance obligations are governed by a separate Business Associate Agreement (BAA) between the provider and Litchfield Wellness LLC. This applies only to members subject to HIPAA regulations.
14. Insurance and Payment Disclosures
If applicable, insurance information listed in a Professional Member’s profile is provided directly by the provider. Litchfield Wellness does not verify or guarantee insurance participation or reimbursement eligibility. Members who belong to a group or network may only list insurance plans for which they are personally credentialed.
15. Trademarks
The name “Litchfield Wellness”, the Litchfield Wellness logo, and all associated marks, product names, and design elements are trademarks of Litchfield Wellness LLC. Unauthorized use, reproduction, or imitation of these marks is strictly prohibited.
All other names, logos, or products appearing on the Site are the trademarks of their respective owners.
16. License
By submitting content, images, videos, or descriptions (“Content”) to Litchfield Wellness LLC, you grant us a worldwide, perpetual, non-exclusive, royalty-free license (with the right to sublicense) to use, host, reproduce, modify (for formatting), publish, and display your Content for purposes of operating, promoting, and marketing the Site and Directory. You retain full ownership of your original content and may revoke this license by removing your content from the platform, except where it has been incorporated into active promotional materials.
16.1 Permitted Uses of Content
Litchfield Wellness may use submitted Content for:
Advertising and marketing across digital, print, and social channels;
Sharing anonymized, aggregated insights for industry or platform research;
Product improvement and feature development;
Partnership integrations that enhance visibility for Professional Members.
16.2 Limited License to Users
Users are granted a non-transferable, revocable, limited license to view and use Site content solely for personal, non-commercial purposes.
16.3 Restrictions
You may not reproduce, distribute, or exploit any Litchfield Wellness Content or Directory information except as expressly authorized by these Terms.
16.4 Unauthorized Use
If you violate these restrictions, your right to access the Site will terminate immediately, and you must return or destroy any copies of materials obtained.
17. Third-Party Links and Services
17.1 Links to Other Websites
Our Site and Services may include links to external websites or resources, including those listed by Professional Members. You acknowledge and agree that Litchfield Wellness LLC is not responsible for: (i) the availability or accuracy of those external sites or resources; or (ii) any content, products or services found on or accessible through such sites or resources. The presence of links does not imply any endorsement by Litchfield Wellness of the linked content, products or services. You assume all risk associated with using any external websites or resources.
17.2 Third-Party Software
Certain Services provided may include software from third parties, including open-source or proprietary components. Your use of any third-party software is subject to the additional terms and conditions of those third-party providers. Litchfield Wellness may provide notices regarding attribution, license terms, or disclaimers specific to such software.
17.3 Application Stores
If you access our Services via a mobile application obtained through an application store (such as Apple App Store, Google Play, or other distribution platforms, each an “Application Provider”), then you acknowledge that:
Each Application Provider may have its own terms and conditions which you must accept prior to download or use;
Your license to use the application is contingent on compliance with both the Application Provider’s terms and these Terms;
These Terms are between you and Litchfield Wellness LLC (not the Application Provider), and Litchfield Wellness is solely responsible for the application;
The application is licensed to you on a limited, non-exclusive, non-transferable and non-sublicensable basis for use with the Services;
For Apple devices, you may use the application only on Apple devices which you own or control;
The Application Provider is not obligated to provide maintenance, support or warranty services;
If there is a defect in the application, the Application Provider’s sole obligation may be to refund the purchase price;
Litchfield Wellness LLC is responsible for addressing any claims related to the application;
In using the application, you agree to abide by any applicable third-party terms of service;
The Application Provider and its affiliates are third-party beneficiaries of these Terms with respect to your use of the application;
If a third party alleges that the application or your use of it infringes their intellectual property rights, Litchfield Wellness LLC—not the Application Provider—will investigate, defend, settle or resolve the claim;
You confirm that you are not in a country subject to U.S. government embargo or designated as “terrorist-supporting” and that you are not on any U.S. government prohibited list.
These Terms apply to your use of all Services furnished by Litchfield Wellness LLC, including via any mobile application.
18. Termination
Litchfield Wellness LLC may suspend or terminate your access to any part of the Services, or terminate these Terms immediately and without prior notice, at our sole discretion. This includes, but is not limited to, suspending access if we reasonably believe you are violating any portion of these Terms. After termination or suspension, you may or may not be permitted to re-establish an account. You agree that Litchfield Wellness LLC will not be liable to you for any termination of your account, your access to the Services, or any resulting consequences. Please note that Litchfield Wellness is not obligated to delete or return any Content you have submitted after cancellation.
19. Limitation of Liability
TO THE EXTENT PERMITTED BY LAW, Litchfield Wellness LLC will not be liable for any injuries, losses, claims or direct damages, nor for special, exemplary, punitive, incidental or consequential damages of any kind, arising out of or in connection with (a) these Terms, (b) any use of the Services, (c) any failure or delay in providing or accessing any part of the Services, (d) the Services or conduct of any Professional Member listed, or (e) termination of your access to the Services. Litchfield Wellness does not act as an agent or representative of any Professional Member.
Some jurisdictions do not allow limitation on implied warranties or exclusion of certain damages, meaning that some of the above limitations may not apply to you. If you are dissatisfied with any portion of the Services or these Terms, your sole and exclusive remedy is to discontinue using the Services.
In no event shall the cumulative liability of Litchfield Wellness LLC to you for all claims arising from the Services exceed US $100.
You further agree that these limitation and exclusion provisions, together with the Disclaimer of Warranties section below, are critical to these Terms and represent a reasonable allocation of risk. Without them, Litchfield Wellness could not provide the Services.
20. Disclaimer of Warranties
THE SERVICES ARE PROVIDED “AS IS” AND “AS AVAILABLE,” WITHOUT ANY WARRANTY OF ANY KIND. Litchfield Wellness LLC expressly disclaims all warranties, whether express or implied, including but not limited to warranties of merchantability, fitness for a particular purpose, title, non-infringement or any warranty arising from course of dealing. Litchfield Wellness makes no guarantee regarding accuracy, reliability, timeliness or completeness of any Content or of any communications made available through the Services. Litchfield Wellness will not be liable for delays, interruptions, or other issues arising from internet or communication failures beyond its control. We do not warrant that the Services will be error-free or free from viruses or harmful elements.
NO ADVICE, WHETHER ORAL OR WRITTEN, OBTAINED FROM LITCHFIELD WELLNESS OR THROUGH THE SERVICES SHALL CREATE ANY WARRANTY NOT EXPRESSLY STATED HEREIN.
The above disclaimers apply to the fullest extent permitted by applicable law. You may have additional rights under your local laws; however, the duration of any such implied warranties is limited to the maximum period permitted under law.
21. Indemnification
You agree to defend, indemnify and hold harmless Litchfield Wellness LLC, and its affiliates, subsidiaries, and their respective officers, directors, employees and agents, from and against any and all claims, liabilities, damages, losses and expenses, including reasonable attorneys’ fees, arising out of or in connection with (a) your access to or use of the Services, (b) your violation of these Terms, (c) your Content, and (d) your interaction with or use of services provided by any Professional Member, including any injuries, losses or damages of any kind resulting from those services.
22. Release
By using the Services, you release, discharge and hold harmless Litchfield Wellness LLC and its affiliates from any and all claims, damages, losses or injury (including death) arising from or related to the Services or any dispute between you and any other User or Professional Member.
23. Governing Law
This Agreement shall be construed and enforced in accordance with the Federal Arbitration Act, applicable federal law, and the laws of the State of Connecticut, United States, as applied to contracts entered into and performed entirely within Connecticut, without regard to its conflicts of law principles. This Agreement and all referenced documents were drafted in English and any translations are provided for convenience only.
24. Limitation on Time to File Claims
To the extent permitted by applicable law, you agree that any claim or action relating to your use of the Services must be filed within one (1) year from the date on which the claim arose. Claims not filed within this timeframe shall be permanently barred.
25. Binding Arbitration Agreement and Class Waiver Disclosure
Agreement to Arbitration; Class Waiver: You and Litchfield Wellness LLC agree that, except as provided below regarding small claims court, any dispute, claim or controversy arising out of or related in any way to the Site, Services or Content—including but not limited to our Privacy Policy and/or our general privacy practices, these Terms and this agreement (the “Arbitration Agreement”)—will be settled by binding arbitration. Arbitration is more informal than going to court; it uses a neutral arbitrator instead of a judge or jury; allows limited discovery; and is subject to limited court review.
By agreeing to these Terms, you accept that the U.S. Federal Arbitration Act governs the interpretation and enforcement of the Arbitration Agreement and that both you and Litchfield Wellness waive the right to a jury trial or to participate in a class or representative action. This arbitration clause survives any termination of these Terms.
Pre-Filing Mediation: In the event of a dispute, before arbitration begins, the claimant must send a written Notice of Claim (“Notice”) to the other party at the following address: support@litchfieldwellness.org (for Litchfield Wellness). The Notice must include (a) a description of the dispute and its basis, and (b) the specific relief sought. Both parties agree to engage in good-faith negotiation. If unresolved within sixty (60) days of the Notice, the claimant may proceed with arbitration or file a claim in small claims court as appropriate.
Additional Arbitration Provisions:(a) Settlement Offers: Any settlement offer made during arbitration by either party shall be inadmissible to the arbitrator.(b) Initiating a Claim: You may initiate arbitration pursuant to the rules of the selected arbitration body (e.g., American Arbitration Association) or as otherwise mutually agreed.(c) Fees: If you are required to pay a filing fee for arbitration, Litchfield Wellness will reimburse you promptly upon receipt of notice of the arbitration initiation, provided your claim is not greater than US $10,000.(d) Rules; Administrator: Arbitration will be governed by the applicable commercial arbitration rules and any supplementary procedures, as modified by these Terms, administered by a recognized arbitration provider. The arbitrator shall follow these Terms, including scope and enforceability issues.(e) Location of Hearing: Unless otherwise agreed, hearings will take place in Litchfield County, Connecticut. For claims of US $10,000 or less, you may choose submission via documents, telephonic hearing, or in-person as allowed. For claims over US $10,000, the arbitration rules will determine if a hearing is required. The arbitrator will issue a written decision with essential findings.(f) Class Waiver: You and Litchfield Wellness agree that disputes may only be brought in an individual capacity and not as a class or representative action. The arbitrator cannot consolidate claims from multiple parties. If this class waiver is deemed unenforceable for an individual claim, the entire arbitration clause becomes void.(g) Injunctive Relief: The arbitrator may award relief only for the individual party’s specific claim in question.(h) Small Claims Alternative: Either party may choose to bring an individual claim in small claims court (if permitted) in lieu of arbitration.
Opt-Out Provision: You may opt-out of this Arbitration Agreement within thirty (30) days of first accepting these Terms (or for existing users, within thirty (30) days of posting date of these Terms). To opt-out, you must submit a signed written notice with identifying details to: support@litchfieldwellness.org. If more than 30 days have passed, you accept binding arbitration under these Terms.
26. Entire Agreement
These Terms of Use, together with our Privacy Policy and any applicable Business Associate Agreement for licensed healthcare Professional Members, constitute the entire and exclusive agreement between you and Litchfield Wellness LLC concerning the Services, superseding all prior or contemporaneous agreements, whether written or oral, relating to the Services.
27. Severability
If any provision of these Terms is found by a court or arbitrator of competent jurisdiction to be invalid or unenforceable under applicable law—including warranty disclaimers or liability limitations—then that provision will be deemed replaced by a valid provision that most closely achieves the original intent of the parties, and the remainder of the Terms will continue in full force and effect.
28. Waiver
No waiver by Litchfield Wellness of any right under these Terms shall be deemed a waiver of any other right in future. Any waiver must be in writing and signed by an authorized representative of Litchfield Wellness LLC. The failure of either party to enforce any provision shall not constitute a waiver of future enforcement of that or any other provision.
29. Miscellaneous
29.1 Electronic Communications
When you use the Services or send e-mail to us, you are communicating electronically and consent to receive communications from us electronically. Communications may include notices, disclosures, agreements, and other information either posted on the Site or sent via email. By clicking “I Agree,” “Submit,” “Register,” or similar, you are submitting an electronic signature and entering into a binding contract. You agree to the use of electronic signatures, records, and delivery of notices and transaction confirmations electronically.
29.2 Amendment
We may update or revise these Terms of Use, including our Privacy Policy, at any time. We will post a notice of material changes on the Site. Your continued use of the Services after such posting constitutes your acceptance of the revised Terms.
29.3 Headings
Section headings are provided for convenience only and do not affect the interpretation, construction, or scope of these Terms.
29.4 Eligibility
To form a binding contract and use the Services independently, you must be at least 18 years old (or the minimum legal age to contract in your jurisdiction if higher). Use by minors (13-17) is only permitted under the supervision of a parent or legal guardian who agrees to these Terms. Access is void where prohibited by law. By using the Services you represent and warrant that you have the right, authority, and capacity to agree to these Terms and to use the Services in compliance with all applicable laws.
29.5 Comments and Concerns
This Site is operated by Litchfield Wellness LLC. If you have questions about these Terms, wish to report a concern about the Site, a User or a Professional Member, please contact us at support@litchfieldwellness.org.