Terms of Service

Tampa Counseling Place, LLC Terms of Service
Last Updated: November 2020

Welcome, and thank you for your interest in Tampa Counseling Place, LLC (“Real Talk,” “Natalie
Rosado,” “Counseling with Natalie,” “we,” or “us”) and our mobile software application, website at
www.counselingwithnatalie.com, along with our related websites, networks, applications, and other
services provided by us (collectively, the “Service”). These Terms of Service are a legally binding contract
between you and Tampa Counseling Place, LLC regarding your use of the Service.

PLEASE READ THE FOLLOWING TERMS CAREFULLY.

DO NOT USE THE SERVICE FOR EMERGENCY MEDICAL NEEDS. IF YOU EXPERIENCE A MEDICAL
EMERGENCY, CALL 911 IMMEDIATELY.

IF YOU ARE THINKING ABOUT SUICIDE OR IF YOU ARE CONSIDERING TAKING ACTIONS THAT MAY CAUSE
HARM TO YOU OR TO OTHERS, OR IF YOU FEEL THAT YOU OR ANY OTHER PERSON MAY BE IN ANY
DANGER, PLEASE CALL THE NATIONAL SUICIDE PREVENTION LIFELINE AT + 1 (800) 273-8255 (TOLL-FREE
IN THE UNITED STATES) IMMEDIATELY.

BY CLICKING “I ACCEPT,” OR BY DOWNLOADING, INSTALLING, OR OTHERWISE ACCESSING OR USING THE
SERVICE, YOU AGREE THAT YOU HAVE READ AND UNDERSTOOD, AND, AS A CONDITION TO YOUR USE
OF THE SERVICE, YOU AGREE TO BE BOUND BY, THE FOLLOWING TERMS AND CONDITIONS, INCLUDING
TAMPA COUNSELING PLACE, LLC’S PRIVACY POLICY, WHICH IS HEREBY INCORPORATED BY REFERENCE
(TOGETHER, THESE “TERMS”). IF YOU DO NOT SATISFY THE ELIGIBILITY REQUIREMENTS SET FORTH
BELOW OR DO NOT AGREE TO THE TERMS, THEN YOU DO NOT HAVE OUR PERMISSION TO USE THE
SERVICE. YOUR USE OF THE SERVICE, AND TAMPA COUNSELING PLACE, LLC’S PROVISION OF THE
SERVICE TO YOU, CONSTITUTES AN AGREEMENT BY TAMPA COUNSELING LLC AND BY YOU TO BE
BOUND BY THESE TERMS.

ARBITRATION NOTICE. Except for certain kinds of disputes described in Section 19, you agree that
disputes arising under these Terms will be resolved by binding, individual arbitration, and BY ACCEPTING
THESE TERMS, YOU AND TAMPA COUNSELING PLACE LLC ARE EACH WAIVING THE RIGHT TO A TRIAL BY
JURY OR TO PARTICIPATE IN ANY CLASS ACTION OR REPRESENTATIVE PROCEEDING. YOU AGREE TO GIVE
UP YOUR RIGHT TO GO TO COURT to assert or defend your rights under this contract (except for matters
that may be taken to small claims court). Your rights will be determined by a NEUTRAL ARBITRATOR and
NOT a judge or jury. (See Section 19.)

1. Service Overview. The Service provides self-care information and resources, including audio
sessions in empowerment, self-discovery, healing, mindfulness, and stress-release, as well as features
that allow you to connect and communicate with a licensed mental health counselor.

2. Care Support. Certain features of the Service enable you to connect with a licensed mental health
counselor who will provide care and advisory support to you through the Service (“Care Support”).
Further, the Care Support provided by Counselors through the Service do not create a professional or
privileged relationship between you and any Counselor or you and Tampa Counseling Place, LLC.

3. No Medical Advice. TAMPA COUNSELING PLACE, LLC IS NOT A MEDICAL PROVIDER AND DOES
NOT PROVIDE ANY PSYCHIATRIC CARE, MEDICAL ADVICE, OR OPINIONS. ALL CONTENT ON THE SERVICE
IS PROVIDED FOR INFORMATIONAL PURPOSES ONLY AND YOU SHOULD NOT RELY ON ANY GUIDANCE
OR INFORMATION OBTAINED THROUGH THE SERVICE, INCLUDING, BUT NOT LIMITED TO, FROM
COUNSELORS, AS A SUBSTITUTE FOR PROFESSIONAL MEDICAL ADVICE, DIAGNOSIS, OR TREATMENT.
THE SERVICE IS NOT INTENDED FOR THE PROVISION OF CLINICAL DIAGNOSIS REQUIRING AN IN-PERSON
EVALUATION AND YOU SHOULD NOT USE IT IF YOU NEED ANY OFFICIAL DOCUMENTATION OR
APPROVALS FOR PURPOSES SUCH AS, BUT NOT LIMITED TO, COURT-ORDERED COUNSELING OR
EMOTIONAL SERVICE DOG CERTIFICATION. IT IS ALSO NOT INTENDED AS A SUBSTITUTE FOR ANY DRUGS
OR MEDICAL TREATMENT THAT MAY BE APPROPRIATE FOR YOU, AND YOU SHOULD DISREGARD ANY
SUCH ADVICE IF DELIVERED THROUGH THE SERVICE, INCLUDING FROM ANY COUNSELOR. DO NOT
DISREGARD, AVOID, OR DELAY IN OBTAINING IN-PERSON CARE FROM YOUR DOCTOR OR OTHER
QUALIFIED PROFESSIONAL BECAUSE OF INFORMATION OR ADVICE YOU RECEIVED THROUGH THE
SERVICE, INCLUDING FROM ANY COUNSELOR. YOUR USE OF THE SERVICE AND ANY COMMUNICATIONS
WITH COUNSELOR OR ANY OTHER USER OR ANY REPRESENTATIVE OF TAMPA COUNSELING PLACE, LLC
DO NOT ESTABLISH A DOCTOR-PATIENT RELATIONSHIP, AND YOU SHOULD NOT ASSUME THAT
COMMUNICATIONS THROUGH THE SERVICE ARE PRIVILEGED OR CONFIDENTIAL.

4. Eligibility. You must be at least 18 years old to use the Service. By agreeing to these Terms, you
represent and warrant to us that: (a) you are at least 18 years old; (b) you have not previously been
suspended or removed from the Service; and (c) your registration and your use of the Service is in
compliance with any and all applicable laws and regulations.

5. Accounts and Registration. To access most features of the Service, you must register for an
account. When you register for an account, you may be required to provide us with some information
about yourself, such as your name, email address, or other contact information. You may have the
option to register with using your Facebook or other third party services (“Social Networking Services”)
credentials. By accessing the Services using your Social Networking Services credentials or any third
party services, you permit us to access certain information from your profile on such Social Networking
Services for use of the Services. You agree that the information you provide to us is accurate and that
you will keep it accurate and up-to-date at all times. If at any time your contact information is no longer

valid, then we may suspend or terminate your use of the Service without notice and without liability to
you. When you register, you will be asked to provide a password. You are solely responsible for
maintaining the confidentiality of your account and password, and you accept responsibility for all
activities that occur under your account. If you believe that your account is no longer secure, then you
must immediately notify us at info@counselingwithnatalie.com.

6. General Payment Terms. Certain features of the Service may require you to pay fees. Before you
pay any fees, you will have an opportunity to review and accept the fees that you will be charged. All
fees are in U.S. dollars and are non-refundable.

6.1 Price. Tampa Counseling Place, LLC reserves the right to determine pricing for the Service. Tampa
Counseling Place, LLC will make reasonable efforts to keep pricing information published on the website
up to date. Tampa Counseling Place, LLC may change the fees for any feature of the Service, including
additional fees or charges, and Tampa Counseling Place, LLC will give you advance notice of changes
before they apply. Tampa Counseling Place, LLC, at its sole discretion, may make promotional offers with
different features and different pricing to any of Tampa Counseling Place, LLC’s customers. These
promotional offers, unless made to you, will not apply to your offer or these Terms.

6.2 Authorization. You authorize Tampa Counseling Place, LLC to charge all sums for the orders that
you make and any level of Service you select as described in these Terms or published by Tampa
Counseling Place, LLC, including all applicable taxes, to the payment method specified in your account. If
you pay any fees with a credit card, Tampa Counseling Place, LLC may seek pre-authorization of your
credit card account prior to your purchase to verify that the credit card is valid and has the necessary
funds or credit available to cover your purchase.

6.3 Subscription Service.

a. Subscription Service. The Service may include automatically recurring payments for periodic
charges (“Subscription Service”). You may purchase Subscription Services through the Service or through
such other channels as we may make available from time-to-time in our sole discretion. Where you
purchase Subscription Services through our iOS or Android apps or through a third party’s consumer
electronic devices, your payments are processed by Apple or Google, or the manufacturer of the
consumer electronic device (or any of their third party payment processors), as applicable. BY
ACTIVATING A SUBSCRIPTION SERVICE, YOU HEREBY AUTHORIZE TAMPA COUNSELING PLACE, LLC TO
PERIODICALLY CHARGE, ON A GOING-FORWARD BASIS AND UNTIL CANCELLATION OF EITHER THE
RECURRING PAYMENTS OR YOUR ACCOUNT, ALL ACCRUED SUMS ON OR BEFORE THE PAYMENT DUE
DATE FOR THE ACCRUED SUMS, INCLUDING THE SUBSCRIPTION FEE AND ANY APPLICABLE SALES,
TELECOMMUNICATION, EXCISE, VALUED-ADDED OR SIMILAR TAXES. TO THE FULLEST EXTENT
PERMITTED UNDER APPLICABLE LAW, BY PURCHASING SUBSCRIPTION SERVICES, YOU AGREE THAT

YOUR SUBSCRIPTION WILL AUTOMATICALLY RENEW ON THE SUBSCRIPTION BILLING DATE (DEFINED
BELOW) AT THE THEN-CURRENT SUBSCRIPTION FEE AND FOR THE SAME TERM AS THE IMMEDIATELY
PRECEDING SUBSCRIPTION, UNLESS AND UNTIL YOU CANCEL YOUR SUBSCRIPTION.

b. Subscription Billing Process. The “Subscription Billing Date” is the date when you purchase your
first subscription to the Service. The “Subscription Fee” will be as set forth on the Service at the time of
your purchase. To the fullest extent permitted under applicable law, we reserve the right to change the
subscription fee at any time in our sole discretion. Tampa Counseling Place, LLC will give you advance
notice of any changes to the Subscription Fee before they apply, and you will have the opportunity to
cancel your subscription prior to the next Subscription Billing Date if you do not accept the price change.
Your account will be charged automatically on the Subscription Billing Date all applicable fees and taxes
for the next subscription period. The subscription will continue unless and until you cancel your
subscription, or we terminate it. You must cancel your subscription before it renews in order to avoid
billing of the next periodic Subscription Fee to your account. We will bill the periodic Subscription Fee to
the payment method you provide to us during registration (or to a different payment method if you
change your payment information). If you fail to pay the applicable Subscription Fee when due, then
you will be downgraded to the free service.

c. Cancellations. You may cancel the Subscription Service by following the instructions on the
Service or by contacting us at: info@counselingwithnatalie.com. If you cancel your subscription, then
you will have access to the subscription until the date that would have been your next Subscription
Billing Date, after which you will be downgraded to the free Service. If you subscribed through your iOS
or Android device and want to obtain a refund in connection with your subscription, then you must
contact Apple or Google, as applicable. If you subscribed through the Services, then we will not refund
any fees paid for your current subscription period.

d. Trials. From time to time, we or others on our behalf may offer trials of Subscription Services for
a specified period without payment or at a reduced rate (a “Trial”). Tampa Counseling Place, LLC may
determine your eligibility for a Trial and withdraw or modify a Trial at any time without prior notice and
with no liability, to the extent permitted under applicable law. For some Trials, we’ll require you to
provide your payment details to start the Trial. By providing such details you agree that we may
automatically begin charging you for the Subscription Service on the first day following the end of the
Trial and thereafter in accordance with Section 6.3. IF YOU DO NOT WANT THIS CHARGE, YOU MUST
CANCEL THE APPLICABLE PAID SUBSCRIPTION BEFORE THE END OF THE TRIAL BY GOING TO YOUR
ACCOUNT SETTINGS. IF YOU SIGNED UP FOR THE TRIAL THROUGH TAMPA COUNSELING PLACE LLC, OR
IF YOU RECEIVED YOUR TRIAL THROUGH A THIRD PARTY, YOU MUST CANCEL THE APPLICABLE
SUBSCRIPTION THROUGH THE THIRD PARTY.

6.4 Delinquent Accounts. Tampa Counseling Place, LLC may suspend or terminate access to the
Service, including fee-based portions of the Service, for any account for which any amount is due but

unpaid. In addition to the amount due for the Service, a delinquent account will be charged with fees or
charges that are incidental to any chargeback or collection of any the unpaid amount, including
collection fees.

7. Licenses

7.1 Limited License. Subject to your complete and ongoing compliance with these Terms, Tampa
Counseling Place, LLC grants you, solely for your personal use, a limited, non-exclusive, non-transferable,
non-sublicensable, revocable license to: (a) install and use one object code copy of any mobile
application associated with the Service obtained from a legitimate marketplace (whether installed by
you or pre-installed on your mobile device by the device manufacturer) on a mobile device that you own
or control; and (b) access and use the Service.

7.2 License Restrictions. Except and solely to the extent such a restriction is impermissible under
applicable law, you may not: (a) reproduce, distribute, publicly display, or publicly perform the Service;
(b) sell, rent, lease, lend, provide on a service bureau basis or otherwise make available the Service to
any third party; (c) make modifications to the Service; or (d) interfere with or circumvent any feature of
the Service, including any security or access control mechanism. If you are prohibited under applicable
law from using the Service, you may not use it.

7.3 Feedback. If you choose to provide input and suggestions regarding problems with or proposed
modifications or improvements to the Service (“Feedback”), then you hereby grant Tampa Counseling
Place, LLC an unrestricted, perpetual, irrevocable, non-exclusive, fully-paid, royalty-free right to exploit
the Feedback in any manner and for any purpose, including to improve the Service, to create other
products and services, and to generate revenue. You are not entitled to any recognition or
compensation for Feedback you provide to Tampa Counseling Place, LLC.

8. Ownership; Proprietary Rights. The Service is owned and operated by Tampa Counseling Place,
LLC. The visual interfaces, graphics, design, compilation, information, data, computer code (including
source code or object code), products, software, services, and all other elements of the Service
(“Materials”) provided by Tampa Counseling Place, LLC are protected by intellectual property and other
laws. As between us, all Materials included in the Service are the property of Tampa Counseling Place,
LLC or its third party licensors. Except as expressly authorized by Tampa Counseling Place, LLC, you may
not make use of the Materials. Tampa Counseling Place, LLC reserves all rights to the Materials not
granted expressly in these Terms.

9. Third-Party Terms

9.1 Third-Party Services and Linked Websites. Tampa Counseling Place, LLC may provide tools
through the Service that enable you to export information, including User Content (defined in Section
10.1 below), to third-party services. By using one of these tools, you agree that Tampa Counseling Place,
LLC may transfer that information to the applicable third-party service. Third-party services are not
under Tampa Counseling Place, LLC’s control, and, to the fullest extent permitted by law, Tampa
Counseling Place, LLC is not responsible for any third-party service’s use of your exported information.
The Service may also contain links to third party websites. Linked websites are not under Tampa
Counseling Place, LLC’s control, and Tampa Counseling Place, LLC is not responsible for their content.
You assume all risks when acting in reliance on any information provided on a linked-to website.

9.2 Third-Party Software. The Service may include or incorporate third-party software components
that are generally available free of charge under licenses granting recipients broad rights to copy,
modify, and distribute those components (“Third-Party Components”). Although the Service is provided
to you subject to these Terms, nothing in these Terms prevents, restricts, or is intended to prevent or
restrict you from obtaining Third-Party Components under the applicable third-party licenses or to limit
your use of Third-Party Components under those third-party licenses.

10. User Content

10.1 User Content Generally. Certain features of the Service may permit users to upload content to
the Service, including messages, reviews, photos, video, images, folders, data, text, and other types of
works (“User Content”) and to publish User Content on the Service. You retain any copyright and other
proprietary rights that you may hold in the User Content that you post to the Service.

10.2 Limited License Grant to Tampa Counseling Place, LLC. By providing User Content to or via the
Service, you grant Tampa Counseling Place, LLC a worldwide, non-exclusive, royalty-free, fully paid right
and license (with the right to sublicense) to host, store, transfer, display, perform, reproduce, modify for
the purpose of formatting for display, and distribute your User Content, in whole or in part, in any media
formats and through any media channels now known or hereafter developed.

10.3 Limited License Grant to Other Users. By providing User Content to or via the Service to other
users of the Service, including Counselors, you grant those users a non-exclusive license to access and
use that User Content as permitted by these Terms and the functionality of the Service.

10.4 User Content Representations and Warranties. Tampa Counseling Place, LLC disclaims any and all
liability in connection with User Content. You are solely responsible for your User Content and the

consequences of providing User Content via the Service. By providing User Content via the Service, you
affirm, represent, and warrant that:

a. you are the creator and owner of the User Content, or have the necessary licenses, rights,
consents, and permissions to authorize Tampa Counseling Place, LLC and users of the Service to use and
distribute, and otherwise exercise the rights granted in Sections 10.2 and 10.3, your User Content as
necessary to exercise the licenses granted by you in this Section, in the manner contemplated by Tampa
Counseling Place, LLC, the Service, and these Terms;

b. your User Content, and the use of your User Content as contemplated by these Terms, does not
and will not: (i) infringe, violate, or misappropriate any third-party right, including any copyright,
trademark, patent, trade secret, moral right, privacy right, right of publicity, or any other intellectual
property or proprietary right; (ii) slander, defame, libel, or invade the right of privacy, publicity or other
property rights of any other person; (iii) cause Tampa Counseling Place, LLC to violate any law or
regulation; or (iv) require Tampa Counseling Place, LLC to pay any royalties or other consideration to any
third party for the exercise of any rights granted by you to Tampa Counseling Place, LLC or any users in
these Terms; and

c. your User Content could not be deemed by a reasonable person to be objectionable, profane,
indecent, pornographic, harassing, threatening, embarrassing, hateful, or otherwise inappropriate.

10.5 User Content Disclaimer. We are under no obligation to edit or control User Content that you or
other users post or publish, and will not be in any way responsible or liable for User Content. Tampa
Counseling Place, LLC may, however, at any time and without prior notice, screen, remove, edit, or block
any User Content that in our sole judgment violates these Terms or is otherwise objectionable. You
understand that when using the Service you will be exposed to User Content from a variety of sources
and acknowledge that User Content may be inaccurate, offensive, indecent, or objectionable. This may
include User Content provided to you by a Counselor. You agree to waive, and do waive, any legal or
equitable right or remedy you have or may have against Tampa Counseling Place, LLC with respect to
User Content. If notified by a user or content owner that User Content allegedly does not conform to
these Terms, we may investigate the allegation and determine in our sole discretion whether to remove
the User Content, which we reserve the right to do at any time and without notice. For clarity, Tampa
Counseling Place, LLC does not permit copyright-infringing activities on the Service.

10.6 Monitoring Content. Tampa Counseling Place, LLC does not control and does not have any
obligation to monitor: (a) User Content; (b) any content made available by third parties, including
Counselors; or (c) the use of the Service by its users, including Counselors. You acknowledge and agree
that Tampa Counseling Place, LLC reserves the right to, and may from time to time, monitor any and all
information transmitted or received through the Service for operational and other purposes. If at any

time Tampa Counseling Place, LLC chooses to monitor the content, Tampa Counseling Place, LLC still
assumes no responsibility or liability for content or any loss or damage incurred as a result of the use of
content. During monitoring, information may be examined, recorded, copied, and used in accordance
with our Privacy Policy. If you experience any issues with the Service, including with any Counselors, or
otherwise identify any objectionable content on the Service, please contact us at
info@counselingwithnatalie.com.

11. Communications.

11.1 Carrier Charges. To the extent you access the Service through a mobile device, your wireless
service carrier’s standard charges, data rates and other fees may apply. Downloading, installing, or
using the Service may be prohibited or restricted by your carrier, and the Service may not work with all
carriers or devices.

11.2 Text Messages. Tampa Counseling Place, LLC and those acting on our behalf or Counselors may
send you text (SMS) messages at the phone number you provide us or them. These messages may
include operational messages about your use of the Service, as well as marketing messages. You may
opt out of receiving marketing and/or operational text messages at any time by sending an email to
[info@counselingwithnatalie.com] indicating that you no longer wish to receive such texts along with
the phone number of the mobile device receiving the texts. You may continue to receive text messages
for a short period while Tampa Counseling Place, LLC processes your request, and you may also receive
text messages confirming the receipt of your opt-out request. Opting out of receiving operational text
messages may impact the functionality that the Service provides to you. Text messages may be sent
using an automatic telephone dialing system. Your agreement to receive text messages is not a
condition of any purchase or use of the Service. Standard data and message rates may apply whenever
you send or receive such messages, as specified by your carrier.

11.3 Email. We may send you emails concerning out products and services, as well as those of third
parties. You may opt out of promotional emails by following the unsubscribe instructions in the
promotional email itself.

12. Prohibited Conduct. BY USING THE SERVICE YOU AGREE NOT TO:

12.1 use the Service for any illegal purpose or in violation of any local, state, national, or international
law;

12.2 harass, threaten, demean, embarrass, or otherwise harm any other user of the Service;

12.3 violate, or encourage others to violate, any right of a third party, including by infringing or
misappropriating any third party intellectual property right;

12.4 interfere with security-related features of the Service, including by: (i) disabling or circumventing
features that prevent or limit use or copying of any content; or (ii) reverse engineering or otherwise
attempting to discover the source code of any portion of the Service except to the extent that the
activity is expressly permitted by applicable law;

12.5 interfere with the operation of the Service or any user’s enjoyment of the Service, including by:
(i) uploading or otherwise disseminating any virus, adware, spyware, worm, or other malicious code; (ii)
making any unsolicited offer or advertisement to another user of the Service; (iii) collecting personal
information about another user or third party without consent; or (iv) interfering with or disrupting any
network, equipment, or server connected to or used to provide the Service;

12.6 perform any fraudulent activity including impersonating any person or entity, claiming a false
affiliation, accessing any other Service account without permission;

12.7 sell or otherwise transfer the access granted under these Terms or any Materials (as defined in
Section 8) or any right or ability to view, access, or use any Materials; or

12.8 attempt to do any of the acts described in this Section 12 or assist or permit any person in
engaging in any of the acts described in this Section 12.

13. Digital Millennium Copyright Act

13.1 DMCA Notification. We comply with the provisions of the Digital Millennium Copyright Act
applicable to Internet service providers (17 U.S.C. §512, as amended). If you have an intellectual
property rights-related complaint about material posted on the Service, you may contact our Designated
Agent at the following address:

Tampa Counseling Place, LLC
ATTN: Legal Department (Copyright Notification)
6922 W Linebaugh Ave, Suite 101D

Tampa, FL 33625

Email: info@counselingwithnatalie.com

Any notice alleging that materials hosted by or distributed through the Service infringe intellectual
property rights must include the following information:

a. an electronic or physical signature of the person authorized to act on behalf of the owner of the
copyright or other right being infringed;

b. a description of the copyrighted work or other intellectual property that you claim has been
infringed;

c. a description of the material that you claim is infringing and where it is located on the Service;

d. your address, telephone number, and email address;

e. a statement by you that you have a good faith belief that the use of the materials on the Service
of which you are complaining is not authorized by the copyright owner, its agent, or the law; and

f. a statement by you that the above information in your notice is accurate and that, under penalty
of perjury, you are the copyright or intellectual property owner or authorized to act on the copyright or
intellectual property owner’s behalf.

13.2 Counter Notifications. If you receive a notification from us that material you made available on or
through the Service has been the subject of a notice of claimed infringement, then you will have the
right to provide us with what is called a “Counter Notification.” To be effective, a Counter Notification
must be in writing, provided to Tampa Counseling Place, LLC’s Designated Agent and include
substantially the following information:

a. Your physical or electronic signature;

b. Identification of the material that has been removed or to which access has been disabled and
the location at which the material appeared before it was removed or access to it was disabled

c. A statement under penalty of perjury that you have a good faith belief that the material was
removed or disabled as a result of mistake or misidentification of the material to be removed or
disabled; and

d. Your name, address, and telephone number, and a statement that you consent to the jurisdiction
of Federal District Court for the judicial district in which the address is located, or if your address is
outside of the United States, for any judicial district in which Tampa Counseling Place, LLC may be found,
and that you will accept service of process from the person who provided notification described above
or an agent of such person.

13.3 Repeat Infringers. Tampa Counseling Place, LLC will promptly terminate in appropriate
circumstances the accounts of users that are determined by Tampa Counseling Place, LLC to be repeat
infringers.

14. Modification of these Terms. We reserve the right to change these Terms on a going-forward
basis at any time. Please check these Terms periodically for changes. If a change to these Terms
materially modifies your rights or obligations, we may require that you accept the modified Terms in
order to continue to use the Service. Material modifications are effective upon your acceptance of the
modified Terms. Immaterial modifications are effective upon publication. Except as expressly permitted
in this Section 14, these Terms may be amended only by a written agreement signed by authorized
representatives of the parties to these Terms. Disputes arising under these Terms will be resolved in
accordance with the version of these Terms that was in effect at the time the dispute arose.

15. Term, Termination and Modification of the Service

15.1 Term. These Terms are effective beginning when you accept the Terms or first download, install,
access, or use the Service, and ending when terminated as described in Section 15.2.

15.2 Termination. If you violate any provision of these Terms, your authorization to access the Service
and these Terms automatically terminates. In addition, Tampa Counseling Place, LLC may, at its sole
discretion, terminate these Terms or your account on the Service, or suspend or terminate your access
to the Service, at any time for any reason or no reason, with or without notice and without liability to
you. You may terminate your account and these Terms at any time by following the instructions on the
Service or by contacting customer service at info@counselingwithnatalie.com.

15.3 Effect of Termination. Upon termination of these Terms: (a) your license rights will terminate and
you must immediately cease all use of the Service; (b) you will no longer be authorized to access your
account or the Service; (c) you must pay Tampa Counseling Place, LLC any unpaid amount that was due
prior to termination; and (d) all payment obligations accrued prior to termination and Sections 2, 3, 7.3,
8, 10.2, 11, 15.3, 16, 17, 18, 19 and 20 will survive.

15.4 Modification of the Service. Tampa Counseling Place, LLC reserves the right to modify or
discontinue the Service at any time (including by limiting or discontinuing certain features of the
Service), temporarily or permanently, without notice to you. Tampa Counseling Place, LLC will have no
liability for any change to the Service or any suspension or termination of your access to or use of the
Service.

16. Indemnity. To the fullest extent permitted by law, you are responsible for your use of the Service,
and you will defend and indemnify Tampa Counseling Place, LLC and its officers, directors, employees,
consultants, affiliates, subsidiaries and agents (together, the “Tampa Counseling Place, LLC Entities”)
from and against every claim brought by a third party, and any related liability, damage, loss, and
expense, including reasonable attorneys’ fees and costs, arising out of or connected with: (1) your
unauthorized use of, or misuse of, the Service; (2) your violation of any portion of these Terms, any
representation, warranty, or agreement referenced in these Terms, or any applicable law or regulation;
(3) your violation of any third party right, including any intellectual property right or publicity,
confidentiality, other property, or privacy right; or (4) any dispute or issue between you and any third
party, including any Coaches. We reserve the right, at our own expense, to assume the exclusive defense
and control of any matter otherwise subject to indemnification by you (without limiting your
indemnification obligations with respect to that matter), and in that case, you agree to cooperate with
our defense of those claims.

17. Disclaimers; No Warranties

THE SERVICE AND ALL MATERIALS AND CONTENT AVAILABLE THROUGH THE SERVICE ARE PROVIDED “AS
IS” AND ON AN “AS AVAILABLE” BASIS. TAMPA COUNSELING PLACE, LLC DISCLAIMS ALL WARRANTIES OF
ANY KIND, WHETHER EXPRESS OR IMPLIED, RELATING TO THE SERVICE AND ALL MATERIALS AND
CONTENT AVAILABLE THROUGH THE SERVICE (INCLUDING THE CARE SUPPORT), INCLUDING: (1) ANY
IMPLIED WARRANTY OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE, QUIET
ENJOYMENT, OR NON-INFRINGEMENT; AND (2) ANY WARRANTY ARISING OUT OF COURSE OF DEALING,
USAGE, OR TRADE. TAMPA COUNSELING PLACE, LLC DOES NOT WARRANT THAT THE SERVICE OR ANY
PORTION OF THE SERVICE, OR ANY MATERIALS OR CONTENT OFFERED THROUGH THE SERVICE, WILL BE
UNINTERRUPTED, SECURE, OR FREE OF ERRORS, VIRUSES, OR OTHER HARMFUL COMPONENTS, AND

TAMPA COUNSELING PLACE, LLC DOES NOT WARRANT THAT ANY OF THOSE ISSUES WILL BE
CORRECTED.

NO ADVICE OR INFORMATION, WHETHER ORAL OR WRITTEN, OBTAINED BY YOU FROM THE SERVICE,
COUNSELORS OR TAMPA COUNSELING PLACE, LLC ENTITIES OR ANY MATERIALS OR CONTENT
AVAILABLE THROUGH THE SERVICE WILL CREATE ANY WARRANTY REGARDING ANY OF THE TAMPA
COUNSELING PLACE, LLC ENTITIES OR THE SERVICE THAT IS NOT EXPRESSLY STATED IN THESE TERMS.
WE ARE NOT RESPONSIBLE FOR ANY DAMAGE THAT MAY RESULT FROM THE SERVICE AND YOUR
DEALING WITH ANY COUNSELOR OR ANY OTHER SERVICE USER. YOU UNDERSTAND AND AGREE THAT
YOU USE ANY PORTION OF THE SERVICE AT YOUR OWN DISCRETION AND RISK, AND THAT WE ARE NOT
RESPONSIBLE FOR ANY DAMAGE TO YOUR PROPERTY (INCLUDING YOUR COMPUTER SYSTEM OR
MOBILE DEVICE USED IN CONNECTION WITH THE SERVICE) OR ANY LOSS OF DATA, INCLUDING USER
CONTENT.

THE LIMITATIONS, EXCLUSIONS AND DISCLAIMERS IN THIS SECTION APPLY TO THE FULLEST EXTENT
PERMITTED BY LAW. Tampa Counseling Place, LLC does not disclaim any warranty or other right that
Tampa Counseling Place, LLC is prohibited from disclaiming under applicable law.

18. Limitation of Liability

TO THE FULLEST EXTENT PERMITTED BY LAW, IN NO EVENT WILL THE TAMPA COUNSELING PLACE, LLC
ENTITIES BE LIABLE TO YOU FOR ANY INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL OR PUNITIVE
DAMAGES (INCLUDING DAMAGES FOR LOSS OF PROFITS, GOODWILL, OR ANY OTHER INTANGIBLE LOSS)
ARISING OUT OF OR RELATING TO YOUR ACCESS TO OR USE OF, OR YOUR INABILITY TO ACCESS OR USE,
THE SERVICE OR ANY MATERIALS OR CONTENT ON THE SERVICE, WHETHER BASED ON WARRANTY,
CONTRACT, TORT (INCLUDING NEGLIGENCE), STATUTE, OR ANY OTHER LEGAL THEORY, AND WHETHER
OR NOT ANY TAMPA COUNSELING PLACE, L ENTITY HAS BEEN INFORMED OF THE POSSIBILITY OF
DAMAGE.

EXCEPT AS PROVIDED IN SECTION 19.5 AND TO THE FULLEST EXTENT PERMITTED BY LAW, THE
AGGREGATE LIABILITY OF THE TAMPA COUNSELING PLACE, LLC ENTITIES TO YOU FOR ALL CLAIMS
ARISING OUT OF OR RELATING TO THE USE OF OR ANY INABILITY TO USE ANY PORTION OF THE SERVICE
OR OTHERWISE UNDER THESE TERMS, WHETHER IN CONTRACT, TORT, OR OTHERWISE, IS LIMITED TO
THE GREATER OF: (A) THE AMOUNT YOU HAVE PAID TO TAMPA COUNSELING PLACE, LLC IN THE 12
MONTHS PRIOR TO THE EVENT OR CIRCUMSTANCE GIVING RISE TO CLAIM; OR (B) $100.

EACH PROVISION OF THESE TERMS THAT PROVIDES FOR A LIMITATION OF LIABILITY, DISCLAIMER OF
WARRANTIES, OR EXCLUSION OF DAMAGES IS INTENDED TO AND DOES ALLOCATE THE RISKS BETWEEN

THE PARTIES UNDER THESE TERMS. THIS ALLOCATION IS AN ESSENTIAL ELEMENT OF THE BASIS OF THE
BARGAIN BETWEEN THE PARTIES. EACH OF THESE PROVISIONS IS SEVERABLE AND INDEPENDENT OF ALL
OTHER PROVISIONS OF THESE TERMS. THE LIMITATIONS IN THIS SECTION 18 WILL APPLY EVEN IF ANY
LIMITED REMEDY FAILS OF ITS ESSENTIAL PURPOSE.

19. Dispute Resolution and Arbitration

19.1 Generally. In the interest of resolving disputes between you and Tampa Counseling Place, LLC in
the most expedient and cost effective manner, and except as described in Section 19.2 and 19.3, you
and Tampa Counseling Place, LLC agree that every dispute arising in connection with these Terms will be
resolved by binding arbitration. Arbitration is less formal than a lawsuit in court. Arbitration uses a
neutral arbitrator instead of a judge or jury, may allow for more limited discovery than in court, and can
be subject to very limited review by courts. Arbitrators can award the same damages and relief that a
court can award. This agreement to arbitrate disputes includes all claims arising out of or relating to any
aspect of these Terms, whether based in contract, tort, statute, fraud, misrepresentation, or any other
legal theory, and regardless of whether a claim arises during or after the termination of these Terms.
YOU UNDERSTAND AND AGREE THAT, BY ENTERING INTO THESE TERMS, YOU AND TAMPA COUNSELING
PLACE, LLC ARE EACH WAIVING THE RIGHT TO A TRIAL BY JURY OR TO PARTICIPATE IN A CLASS ACTION.

19.2 Exceptions. Despite the provisions of Section 19.1, nothing in these Terms will be deemed to
waive, preclude, or otherwise limit the right of either party to: (a) bring an individual action in small
claims court; (b) pursue an enforcement action through the applicable federal, state, or local agency if
that action is available; (c) seek injunctive relief in a court of law in aid of arbitration; or (d) to file suit in
a court of law to address an intellectual property infringement claim.

19.3 Opt-Out. If you do not wish to resolve disputes by binding arbitration, you may opt out of the
provisions of this Section 19 within 30 days after the date that you agree to these Terms by sending a
letter to Tampa Counseling Place, LLC, Attention: Legal Department – Arbitration Opt-Out, 6922 W.
Linebaugh Avenue, Suite 101D Tampa, FL 33625 that specifies: your full legal name, the email address
associated with your account on the Service, and a statement that you wish to opt out of arbitration
(“Opt-Out Notice”). Once Tampa Counseling Place, LLC receives your Opt-Out Notice, this Section 19 will
be void and any action arising out of these Terms will be resolved as set forth in Section 20.2. The
remaining provisions of these Terms will not be affected by your Opt-Out Notice.

19.4 Arbitrator. Any arbitration between you and Tampa Counseling Place, LLC will be settled under
the Federal Arbitration Act and administered by the American Arbitration Association (“AAA”) under its
Consumer Arbitration Rules (collectively, “AAA Rules”) as modified by these Terms. The AAA Rules and
filing forms are available online at www.adr.org, by calling the AAA at 1-800-778-7879, or by contacting

Tampa Counseling Place, LLC. The arbitrator has exclusive authority to resolve any dispute relating to
the interpretation, applicability, or enforceability of this binding arbitration agreement.

19.5 Notice of Arbitration; Process. A party who intends to seek arbitration must first send a written
notice of the dispute to the other party by certified U.S. Mail or by Federal Express (signature required)
or, only if that other party has not provided a current physical address, then by electronic mail (“Notice
of Arbitration”). Tampa Counseling Place, LLC’s address for Notice is: Tampa Counseling Place, LLC,
Attention: Legal Department – Arbitration Opt-Out, 6922 W. Linebaugh Avenue, Suite 101D Tampa, FL
33625.The Notice of Arbitration must: (a) describe the nature and basis of the claim or dispute; and (b)
set forth the specific relief sought (“Demand”). The parties will make good faith efforts to resolve the
claim directly, but if the parties do not reach an agreement to do so within 30 days after the Notice of
Arbitration is received, you or Tampa Counseling Place, LLC may commence an arbitration proceeding.
All arbitration proceedings between the parties will be confidential unless otherwise agreed by the
parties in writing. During the arbitration, the amount of any settlement offer made by you or Tampa
Counseling Place, LLC must not be disclosed to the arbitrator until after the arbitrator makes a final
decision and award, if any. If the arbitrator awards you an amount higher than the last written
settlement amount offered by Tampa Counseling Place, LLC in settlement of the dispute prior to the
award, Tampa Counseling Place, LLC will pay to you the higher of: (i) the amount awarded by the
arbitrator; or (ii) $10,000.

19.6 Fees. If you commence arbitration in accordance with these Terms, Tampa Counseling Place, LLC
will reimburse you for your payment of the filing fee, unless your claim is for more than $10,000, in
which case the payment of any fees will be decided by the AAA Rules. Any arbitration hearing will take
place at a location to be agreed upon in Hillsborough County, Florida, but if the claim is for $10,000 or
less, you may choose whether the arbitration will be conducted: (a) solely on the basis of documents
submitted to the arbitrator; (b) through a non-appearance based telephone hearing; or (c) by an in-
person hearing as established by the AAA Rules in the county (or parish) of your billing address. If the
arbitrator finds that either the substance of your claim or the relief sought in the Demand is frivolous or
brought for an improper purpose (as measured by the standards set forth in Federal Rule of Civil
Procedure 11(b)), then the payment of all fees will be governed by the AAA Rules. In that case, you
agree to reimburse Tampa Counseling Place, LLC for all monies previously disbursed by it that are
otherwise your obligation to pay under the AAA Rules. Regardless of the manner in which the arbitration
is conducted, the arbitrator must issue a reasoned written decision sufficient to explain the essential
findings and conclusions on which the decision and award, if any, are based. The arbitrator may make
rulings and resolve disputes as to the payment and reimbursement of fees or expenses at any time
during the proceeding and upon request from either party made within 14 days of the arbitrator’s ruling
on the merits.

19.7 No Class Actions. YOU AND TAMPA COUNSELING PLACE, LLC AGREE THAT EACH MAY BRING
CLAIMS AGAINST THE OTHER ONLY IN YOUR OR ITS INDIVIDUAL CAPACITY AND NOT AS A PLAINTIFF OR
CLASS MEMBER IN ANY PURPORTED CLASS OR REPRESENTATIVE PROCEEDING. Further, unless both you

and Tampa Counseling Place, LLC agree otherwise, the arbitrator may not consolidate more than one
person’s claims, and may not otherwise preside over any form of a representative or class proceeding.

19.8 Modifications to this Arbitration Provision. If Tampa Counseling Place, LLC makes any future
change to this arbitration provision, other than a change to Tampa Counseling Place, LLC’s address for
Notice of Arbitration, you may reject the change by sending us written notice within 30 days of the
change to Tampa Counseling Place, LLC’s address for Notice of Arbitration, in which case your account
with Tampa Counseling Place, LLC will be immediately terminated and this arbitration provision, as in
effect immediately prior to the changes you rejected, will survive.

19.9 Enforceability. If Section 19.7 or the entirety of this Section 19 is found to be unenforceable, or if
Tampa Counseling Place, LLC receives an Opt-Out Notice from you, then the entirety of this Section 19
will be null and void and, in that case, the exclusive jurisdiction and venue described in Section 20.2 will
govern any action arising out of or related to these Terms.

20. Miscellaneous

20.1 General Terms. These Terms, together with the Privacy Policy and any other agreements
expressly incorporated by reference into these Terms, are the entire and exclusive understanding and
agreement between you and Tampa Counseling Place, LLC regarding your use of the Service. You may
not assign or transfer these Terms or your rights under these Terms, in whole or in part, by operation of
law or otherwise, without our prior written consent. We may assign these Terms at any time without
notice or consent. The failure to require performance of any provision will not affect our right to require
performance at any other time after that, nor will a waiver by us of any breach or default of these
Terms, or any provision of these Terms, be a waiver of any subsequent breach or default or a waiver of
the provision itself. Use of section headers in these Terms is for convenience only and will not have any
impact on the interpretation of any provision. Throughout these Terms the use of the word “including”
means “including but not limited to”. If any part of these Terms is held to be invalid or unenforceable,
the unenforceable part will be given effect to the greatest extent possible, and the remaining parts will
remain in full force and effect.

20.2 Governing Law. These Terms are governed by the laws of the State of Florida without regard to
conflict of law principles. You and Tampa Counseling Place, LLC submit to the personal and exclusive
jurisdiction of the state courts and federal courts located within Hillsborough County, Florida for
resolution of any lawsuit or court proceeding permitted under these Terms. We operate the Service
from our offices in Florida, and we make no representation that Materials included in the Service are
appropriate or available for use in other locations.

20.3 Privacy Policy. Please read the Tampa Counseling Place, LLC Privacy Policy ,
http://www.sanityandself.com/privacy, carefully for information relating to our collection, use,
storage, disclosure of your personal information. The Tampa Counseling Place, LLC Privacy Policy is
incorporated by this reference into, and made a part of, these Terms.

20.4 Additional Terms. Your use of the Service is subject to all additional terms, policies, rules, or
guidelines applicable to the Service or certain features of the Service that we may post on or link to from
the Service (the “Additional Terms”). All Additional Terms are incorporated by this reference into, and
made a part of, these Terms.

20.5 Consent to Electronic Communications. By using the Service, you consent to receiving certain
electronic communications from us as further described in our Privacy Policy. Please read our Privacy
Policy to learn more about our electronic communications practices. You agree that any notices,
agreements, disclosures, or other communications that we send to you electronically will satisfy any
legal communication requirements, including that those communications be in writing.

20.6 Contact Information. The Service is offered by Tampa Counseling Place, LLC, 6922 W. Linebaugh
Avenue, Suite 101D Tampa, FL 33625. You may contact us by sending correspondence to that address or
by emailing us at: info@counselingwithnatalie.com.

20.7 No Support. We are under no obligation to provide support for the Service. In instances where
we may offer support, the support will be subject to published policies.

20.8 International Use. The Service is intended for visitors located within the United States. We make
no representation that the Service is appropriate or available for use outside of the United States.
Access to the Service from countries or territories or by individuals where such access is illegal is
prohibited.

21. Notice Regarding Apple. This Section 21 only applies to the extent you are using our mobile
application on an iOS device. You acknowledge that these Terms are between you and Tampa
Counseling Place, LLC only, not with Apple Inc. (“Apple”), and Apple is not responsible for the Service or
the content thereof. Apple has no obligation to furnish any maintenance and support services with
respect to the Service. If the Service fails to conform to any applicable warranty, you may notify Apple
and Apple will refund any applicable purchase price for the mobile application to you; and, to the
maximum extent permitted by applicable law, Apple has no other warranty obligation with respect to
the Service. Apple is not responsible for addressing any claims by you or any third party relating to the
Service or your possession and/or use of the Service, including: (a) product liability claims; (b) any claim
that the Service fails to conform to any applicable legal or regulatory requirement; or (c) claims arising

under consumer protection or similar legislation. Apple is not responsible for the investigation, defense,
settlement and discharge of any third party claim that the Service and/or your possession and use of the
Service infringe a third party’s intellectual property rights. You agree to comply with any applicable third
party terms when using the Service. Apple and Apple’s subsidiaries are third party beneficiaries of these
Terms, and upon your acceptance of these Terms, Apple will have the right (and will be deemed to have
accepted the right) to enforce these Terms against you as a third party beneficiary of these Terms. You
hereby represent and warrant that: (i) you are not located in a country that is subject to a U.S.
Government embargo, or that has been designated by the U.S. Government as a “terrorist supporting”
country; and (ii) you are not listed on any U.S. Government list of prohibited or restricted parties.