Effective Date: April 15, 2021

Introduction

TJ Tucker and Rugged Counseling, LLC (together “RCLLC”) welcome you (“you” or the “user”) as a viewer, reader, or user of the Services (defined below) and we encourage you to explore and fully enjoy the content and services available on the Services. Before you do, however, we ask that you please read the following Terms of Service and the Privacy Policy that follows and that is incorporated into these Terms of Service by Reference. We offer the Services (defined below) to you conditioned upon your acceptance of all the terms, conditions, policies and notices stated herein (the “Terms”). PLEASE READ THESE TERMS CAREFULLY. IF YOU DO NOT AGREE TO THESE TERMS, DO NOT USE THE SERVICES.

Binding Agreement

The website located at www.ruggedcounseling.com and others (the “Websites”), and all mobile applications that refer to or link to these Websites, including all information, software, products features, offerings and services available from or offered as part of any of these Websites, including but not limited to programs, services, e-books, videos, webinars, e-newsletters, and e-mails and/or other communication (collectively referred to as the “Services”) are owned or licensed by RCLLC, who offers access to the Services strictly conditioned on your acceptance of these Terms in their entirety.

By viewing or accessing any part of the Services, you are agreeing to accept all parts of these Terms. THUS, IF YOU DO NOT AGREE TO THESE TERMS, DO NOT ACCESS OR USE THE SERVICES.

Additional Terms

Additional terms and conditions applicable to certain portions of the Services (collectively "Additional Terms") are incorporated herein by reference. For instance, the terms of use for any Services that allow users to subscribe to e-newsletters or register for webinars will apply to users of those services in addition to these Terms. To the extent that there is a conflict between these Terms and any Additional Terms for the activity in which you choose to participate, the Additional Terms shall govern.

Permitted Use of the Services

Minimum Age

By using the Services, you certify that you are 18 years of age or older. RCLLC does not intentionally collect personal information about children under the age of 18.

Personal & Noncommercial Use

The Services are for your personal and noncommercial use. As a condition to your continued use of the Services, you warrant to RCLLC that you will not use the Services for any purpose that is prohibited by these Terms or unlawful or that constitutes Prohibited Conduct as (defined below).

Registration

You may browse the Services without registering. However, you may be required to register for an account (“Account”) to use certain features of the Services, such as registering for a course or making a purchase. You agree not to create an Account or username using someone’s name or impersonating someone else. We may require you to change your username if we consider it to be offensive, vulgar or obscene in our sole discretion or otherwise inappropriate for our general audience or we receive a complaint that it violates someone else's rights. Users have no ownership rights in Accounts or usernames and RCLLC may refuse registration, cancel an Account or deny access to the Services for any reason.

Your username and password (“Credentials”) together with your Account are personal to you and you are not permitted to transfer or sell access to your Account. You are solely responsible for the confidentiality and use of your Credentials and for all activities (including purchases) conducted through your Account and/or using your Credentials. You are not permitted to use any other user's account without that user's permission. RCLLC assumes no liability or responsibility for any damages or costs to you as a result of someone else’s use of your Credentials. You agree to notify us immediately in writing if you discover any unauthorized use of your Account or other Account-related security breach. We may require you to change your Credentials if we believe your Account is no longer secure. All registration and billing information provided by you through the Services must be truthful and accurate. Providing any untruthful or inaccurate information may constitute a breach of these Terms.

No Reliance

For Educational and Informational Purposes Only

The information provided in or through the Services is for educational and informational purposes only and solely as a self-help tool for your own use.

Not Medical, Mental Health, or Religious Advice

TJ Tucker is a Licensed Professional Counselor (“LPC”) who sees a limited amount of clients within his practice in the state of Tennessee. Although Mr. Tucker is a LPC, the Services are not intended to provide mental health treatment. Your use of the Services does not create a client/therapist relationship. A client/therapist relationship can only be established after an initial consult, signed consent and any other formalities required by Tennessee law.

Mr. Tucker does not offer or provide any diagnosis via the Services. The information provided on the Services is not a replacement for the therapeutic relationship in psychotherapy or a life coaching relationship or any other trusted relationship. The information on the Services is not intended to replace medical advice. Mr. Tucker is not a medical provider (physician, psychiatrist, nurse practitioner, etc.). You agree and acknowledge that Mr. Tucker is not providing health care, medical or nutritional therapy services, or attempting to diagnose, treat, prevent or cure any physical, mental or emotional issue, disease or condition.

Although the information provided in or through the Services may be generally relevant to your health, wellness, exercise, relationships, business/career choices, finances, or any other aspect of your life, it is not intended to be a substitute for the professional medical advice, diagnosis or treatment provided by your own medical provider or mental health provider. You agree and acknowledge that Mr. Tucker is not providing professional advice, whether medical advice, mental health advice, or religious advice in any way.

Always seek the advice of your own medical provider and/or mental health provider regarding any questions or concerns you have about your specific health or any medications, herbs or supplements you are currently taking and before acting on any recommendations or suggestions you take away from the Services. Do not disregard medical advice or delay seeking medical advice because of information you have read on the Services. Do not start or stop taking any medications without consulting your own medical provider or mental health provider. If you have or suspect that you have a medical or mental health problem, contact your own medical provider or mental health provider promptly. Information contained on the Services has not been evaluated by the Food and Drug Administration.

Not Legal or Financial Advice

Mr. Tucker is not an attorney, accountant or financial advisor and he does not represent himself to be such a professional. The information contained in the Services is not intended to be a substitute for legal or financial advice that can be provided by your own attorney, accountant, and/or financial advisor. Although care has been taken in preparing the information accessible through the Services, you acknowledge and agree that RCLLC is not responsible for any errors or omissions and accepts no liability for any loss or damage you may incur in reliance on any information available on the Services. Always seek financial and/or legal counsel relating to your specific circumstances as needed for any and all questions and concerns you now have or may have in the future. You agree that the information on the Services is not legal or financial advice.

Personal Responsibility

You agree to accurately represent any information you provide to RCLLC on or through the Services. You acknowledge that you are participating voluntarily in using the Services and that you are at all times solely and exclusively responsible for your choices and/or actions and any of their results. You agree to accept sole and exclusive responsibility for all consequences of your decisions to use or not use any information provided through the Services. You must use your own judgment and due diligence before you act on any idea, suggestion or recommendation from the Services.

No Guarantees

RCLLC’s role, services, and any products offered, are intended to support and assist users in reaching their goals. However, each user’s individual results depend on his or her own effort, motivation, commitment and follow-through. By using the Services or any materials available through them, you acknowledge and agree that RCLLC cannot and does not guarantee that any person will attain a particular result. RCLLC offers no guarantees as to any specific outcome or results that any person can expect from any of content or services available through the Services. YOU ARE SOLELY RESPONSIBLE FOR YOUR RESULTS.

Testimonials

The Services may contain content relating to real world experiences, testimonials, and insights about other people’s experiences with the Services (together “Testimonials”). Any Testimonials are offered solely for illustrative purposes and relate to actual clients and results they personally achieved or include comments from individuals about the relevance and/or the quality of the Services. Any Testimonials from actual clients and colleagues are published with their express permission and do not represent or guarantee that current or future clients will achieve the same or similar results.

Third-Party Content or Sites

References or links in the Services to the information, opinions, advice, programs, products or services of any third-party business or entity does not constitute an endorsement by RCLLC. RCLLC provides such information for your own self-help only and is not responsible for the website content, blogs, e-mails, videos, social media, programs, products and/or services of any other person, business or entity that may be linked or referenced in the Services. Nor should the existence of any link to the Services by any third-party website, program, product or services be interpreted as RCLLC’s endorsement of such third-party or its business.

From time to time, RCLLC may promote, affiliate with, or partner with individuals or businesses whose programs, products and services align with those offered by RCLLC. In some instances, RCLLC may promote, market, share or sell programs, products or services for other partners in exchange for financial or other compensation, which will be disclosed. RCLLC will only promote programs, products and/or services that RCLLC respects. However, unless specifically stated, such promotion or marketing does not constitute an endorsement by RCLLC. Again, you must rely on your own judgment in determining whether any such program, product or service is appropriate for you. You assume all risks associated with such third-party products that may be promoted, shared, or sold on or through the Services.

WARRANTIES, DISCLAIMERS & INDEMNITY

Errors and Omissions

Although every effort is made to ensure the accuracy of information shared on or through the Services, the information may inadvertently contain inaccuracies or typographical errors. You agree that RCLLC is not responsible for the views, opinions, or accuracy of facts referenced on or through the Services, or of those of any other individual or company affiliated with RCLLC in any way. Because scientific, technology and business practices are constantly evolving, you agree that RCLLC is not responsible for the accuracy of the Services, or for any errors or omissions that may occur.

No Warranties by RCLLC

YOUR USE OF THE SERVICES IS AT YOUR OWN RISK. THE SERVICES ARE PROVIDED TO YOU "AS IS," WITHOUT WARRANTY OF ANY KIND, EITHER EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE OR NON-INFRINGEMENT. RCLLC MAKES NO WARRANTY THAT ANY CONTENT CONTAINED ON THE SERVICES SATISFIES ANY APPLICABLE GOVERNMENT LAW, REGULATION OR REQUIREMENT. NEITHER RCLLC NOR ANY OF ITS RELATED COMPANIES OR CORPORATIONS, AFFILIATES, SUBSIDIARIES, EMPLOYEES, AGENTS, THIRD-PARTY INFORMATION PROVIDERS, MERCHANTS, LICENSORS OR THE LIKE WARRANT THAT THE SERVICES OR THEIR OPERATION WILL BE ACCURATE, RELIABLE, UNINTERRUPTED OR ERROR-FREE. NO AGENT OR REPRESENTATIVE HAS THE AUTHORITY TO CREATE ANY WARRANTY REGARDING THE SERVICES ON BEHALF OF RCLLC. RCLLC RESERVES THE RIGHT TO CHANGE OR DISCONTINUE AT ANY TIME ANY ASPECT OR FEATURE OF THE SERVICES.

Exclusion of Liability

UNDER NO CIRCUMSTANCES, INCLUDING NEGLIGENCE, SHALL RCLLC OR ANYONE ELSE INVOLVED IN CREATING, PRODUCING, STORING, MAINTAINING OR DISTRIBUTING THE SERVICES BE LIABLE FOR ANY DIRECT, INDIRECT, INCIDENTAL, SPECIAL OR CONSEQUENTIAL DAMAGES AND EXPENSES WHATSOEVER (INCLUDING, WITHOUT LIMITATION, LOST PROFITS, AND DAMAGES ARISING FROM LOST DATA OR BUSINESS INTERRUPTION) ARISING OUT OF OR IN ANY WAY CONNECTED WITH ANY USE OF THE SERVICES, DELAY OR INABILITY TO USE THE SERVICES, OR FOR ANY INFORMATION, SOFTWARE, PRODUCTS OR SERVICES OBTAINED THROUGH THE SERVICES, WHETHER SUCH DAMAGES ARE BASED ON CONTRACT, TORT, STRICT LIABILITY OR OTHERWISE, EVEN IF ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. YOU SPECIFICALLY AGREE THAT NEITHER MR. TUCKER, RUGGED COUNSELING, NOR ANY LICENSOR, SUPPLIER OR OTHER INFORMATION PROVIDER TO RCLLC OR ITS PARENT CORPORATION (IF ANY), OR ANY OF THEIR RESPECTIVE AGENTS, CONSULTANTS, AFFILIATES OR AFFILIATED COMPANIES, SUBSIDIARIES, JOINT VENTURE PARTNERS, EMPLOYEES, AGENTS, SHAREHOLDERS, OFFICERS, DIRECTORS, STAFF, TEAM MEMBERS, OR ANYONE OTHERWISE AFFILIATED WITH ANY OF THEM, OR ANY OF THEIR SUCCESSORS OR ASSIGNS (COLLECTIVELY THE “RELEASED PARTIES”), SHALL HAVE ANY LIABILITY TO YOU FOR ANY REASON OR UNDER ANY THEORY WHATSOEVER, BASED UPON THE INFORMATION PROVIDED ON OR THROUGH THE SERVICES.

Because some states do not permit the exclusion or limitation of liability for consequential or incidental damages, some or all the above limitations may not apply to you.

By using the Services, you acknowledge and agree that any reliance by you on any general suggestions or recommendations on or through the Services is solely at your risk, and that RCLLC is not liable for any claims, injuries, death, damages or other liability relating to your use of the Services.

By using the Services, you agree to hold RCLLC harmless from and against any liability or loss that you or any other person may incur from use of the information, products or materials that you request or receive through or on the Services and from any claimed damages, including without limitation, direct, indirect, special, incidental, equitable or consequential loss or damages, for use of or reliance on the Services. You agree that RCLLC does not assume liability for accidents, delays, injuries, harm, loss, damage, death, lost profits, personal or business interruptions, misapplication of information, physical or mental disease or condition or issue, or any other type of loss or damage due to any act or default by RCLLC or anyone acting as RCLLC’s agent, consultant, affiliate, joint venture partner, employee, shareholder, director, staff, team member, or anyone otherwise affiliated with Rugged Counseling or Mr. Tucker, and who is engaged in delivering content on or through the Services.

Indemnification and Release of Claims

Without limiting the foregoing, you hereby agree to completely hold harmless, indemnify and release Released Parties from any and all causes of action, allegations, suits, claims, damages, or demands whatsoever, in law or equity, that may arise in the past, present or future that is in any way related to the Services.

Ownership

The Services and all data, text, designs, pages, print screens, images, artwork, photographs, audio and video clips, and HTML code, source code, or software that are contained or are viewable or available on or through the Services and all content obtained from the Services (collectively, the "Materials") are owned by RCLLC or its licensors and are protected by copyright, trademark and/or patent law. RCLLC may modify or remove any or all Materials or features of the Services at any time in our sole discretion.

RCLLC provides you a limited, conditional, no-cost, non-exclusive, non-transferable, non-sub-licensable license to view the Services and its Materials for your personal (non-commercial) purposes subject to and conditioned on your agreement not to engage any Prohibited Conduct (as defined below).

As used in these Terms, “Prohibited Conduct” means any actions that are inconsistent with the purpose of the limited license above and includes, without limitation:

Submitting any software or other materials containing any viruses, worms, Trojan horses, defects, date bombs, time bombs or other items of a malicious or destructive nature;
Manipulating identifiers, including by forging headers, in order to disguise the origin of any posting that you submit;
"Framing" or "mirroring" any part of the Services;
Modifying, adapting, sub-licensing, translating, selling, reverse engineering, decompiling, disassembling, or attempting to derive any source code or underlying ideas or algorithms of all or any part of the Services or the Materials;
Removing or obscuring any copyright, trademark or other proprietary rights notices contained on the Services;
Using any computer program, bot, robot, spider, offline reader, site search/retrieval application or other manual or automatic device, tool, or process to retrieve, index, data mine, or in any way reproduce or circumvent the security structure, navigational structure, or presentation of the Materials or the Services or any CAPTCHA displayed on the Services.
Operators of public search engines may use spiders to copy materials from the Services for the sole purpose of and solely to the extent necessary for creating publicly available searchable indices of the materials, but not caches or archives of such materials. We may revoke this exception at any time and require removal of archived materials gathered in the past;
Use any automated software or computer system to search for or obtain any promotional codes or items available on the Services;
Take any action that may impose an unreasonable or disproportionately large load on the infrastructure of the Services;
Access, reload, or refresh transactional pages, or make any other requests to transactional servers, more than once during any three-second interval or request more than 1,000 pages of the Services in any 24-hour period, whether singly or as part of a group;
Reproduce, modify, display, publicly perform, distribute or create derivative works of the Services or the Materials;
Decode, decrypt, modify, or reverse engineer any Material or underlying algorithms or barcodes used on or in production of any Material or the Services; or
Use the Services in an attempt to or as part of any effort to circumvent any technological access controls on the Services and/or Materials whether using manual or automatic devices or processes, for any purpose.

This license is expressly conditioned on your compliance with the Terms including this section and exists only so long as you strictly comply with each of its provisions. Any use by you of the Services or Materials that does not strictly comply with this section exceeds the scope of the license and may constitute an infringement of our copyrights, trademarks, patents and other rights in the Services and Materials. Under no circumstances will you acquire any ownership rights by using the Services or the Materials.

RCLLC or its licensors own all registered and unregistered trademarks, logos, and service marks displayed on the Services and you are prohibited from using them in any way without prior written permission, which may be withheld in RCLLC’s sole discretion. You may inquire about obtaining permission by contacting us at [email protected].

Termination

In certain (hopefully unlikely) circumstances it may be necessary for RCLLC to terminate all or any part of the Services, terminate these Terms, or suspend or terminate your account or privileges (see below).

Discontinuation of Services

RCLLC reserves the right to suspend or end any or all the Services or any part of the Services at any time, with or without cause, and with or without notice.

Suspension or Cancellation of Privileges

RCLLC reserves the right to terminate your privilege to use any or all the Services if it determines, in its discretion, that you have breached any of these Terms or any applicable law or that it is potentially harmful to our interests or the interests (including intellectual property or other rights) of another user or third party.

Governing Law & Venue

As noted above, these Terms and all matters regarding your use of the Services shall be governed by, construed in accordance with, and enforced under the laws of Tennessee applicable to contracts made and executed and wholly performed in Tennessee, without regard to choice of law principles. You agree that all claims arising out or relating or the Services will be exclusively litigated by the state or federal courts for Hamilton County, Tennessee. You also agree that the laws of Tennessee and, to the extent applicable, the laws of the United States of America will govern these Terms, as well as any legal claim that might arise between you and us (without reference to conflict of laws principles). You agree to submit to the personal jurisdiction of, and agree that venue is proper in, the courts located in Hamilton County, Tennessee, in any legal action or proceeding relating to us, the Services, or these Terms.

Deadline to Pursue Claim

To ensure that disputes are dealt with soon after they arise, you agree that regardless of any statute or law to the contrary, any claim or cause of action you might have arising out of or related to use of the Services or these Terms must be filed within the applicable statute of limitations or, if earlier, one (1) year after the pertinent facts underlying such claim or cause of action could have been discovered with reasonable diligence (or be forever barred).

Jurisdiction

The Services are controlled and operated by RCLLC from its principal office in Tennessee, United States of America. RCLLC makes no representation that materials on the Services are appropriate or available for use in other locations. Those who choose to access the Services from other locations do so on their own initiative and are responsible for compliance with local laws, if and to the extent local laws are applicable. The Services are not intended to subject RCLLC to the laws or jurisdiction of any state, country or territory other than the Tennessee and the United States of America.

Miscellaneous

Entire Agreement

These Terms, including the Privacy Policy, constitute the entire agreement and understanding between you and RCLLC with respect to use of the Services, and supersede all prior or contemporaneous communications, agreements and/or proposals.

Admissibility

A printed version of these Terms and any notice given in electronic form shall be admissible in judicial or administrative proceedings based upon or relating to use of the Services to the same extent and subject to the same conditions as other business documents and records originally generated and maintained in printed form.

Waiver

The failure of to exercise or enforce any right or provision in these Terms shall not constitute a waiver of such right or provision.

Severability

If any provision of these Terms is found by a court of competent jurisdiction to be invalid, illegal, or unenforceable, such provision shall be enforced to the fullest extent of the law, and all other provisions will remain in full force and effect.

Contact Us

If you have any questions about these Terms, please contact RCLLC at [email protected].