Terms and Conditions
Last Updated: October 16, 2026
I. INTRODUCTION
The website meshaellepate.com is owned and operated by Potentia Health, LLC, a Texas limited liability company.
These Terms and Conditions disclose our policies for how you may use our website and any of our content, programs, products and services. They outline your rights and obligations with regard to our website. These Terms and Conditions apply to all site visitors, customers, and all other users of the site. Your use of our website, and any information that you provide to us, is subject to these Terms and Conditions.
By accessing our website, you are using it, and you acknowledge that you have read these Terms and Conditions and consent to be bound by all of their terms, without modification. IF YOU DO NOT AGREE TO BE BOUND BY ALL OF THESE TERMS AND CONDITIONS, NAVIGATE AWAY FROM THIS WEBSITE.
II. DEFINITIONS
For purposes of these Terms and Conditions, the following definitions apply:
Website: “Website” refers to meshaellepate.com, includingits pages, content, and resources.
Company: “Company,” “we,” “us,” and “our” refer toPotentia Health, LLC, a Texas limited liability company operating the Meshaelle Pate practice.
Services: “Services” refers to the content, resources,products, programs, and services we may offer through our Website or business, including, but not limited to, newsletters, digital products, individual coaching and intuitive guidance sessions, group programs, workshops, retreats, meditations, videos, and written content.
You: “You” and “your” refer to visitors to our Website, subscribers, clients, customers, and other users of our Services.
Personal Information:“Personal Information” refers to information that identifies or can reasonably be associated with an individual, including names, email addresses, telephone numbers, billing information, and other information collected in connection with our Website or Services.
Content: “Content” refers to all materials created, owned, licensed, or provided by Potentia Health, LLC through our Website or Services, including, but not limited to, written materials, articles, photographs, graphics, videos, audio recordings, meditations, exercises, worksheets, educational resources, program materials, original frameworks, names, branding, and other intellectual property, whether provided free of charge or as part of a paid Service.
III. YOUR USE OF OUR WEBSITE
You must be 18 years of age or older to view this website. If you are not 18 and do not have the power to enter into this Agreement, you are an unauthorized user and in violation of this Agreement. By using our website, you affirm that you are 18 years of age or older.
If you violate any of these Terms and Conditions, we reserve the right to immediately restrict, suspend, or terminate your access to our Website and its Content, and to pursue any remedies available under applicable law. If you have purchased Services under a separate Purchase Agreement or Client Agreement, termination of those Services and any applicable payment or refund obligations shall be governed by that agreement.
IV. YOUR CONDUCT ON OUR WEBSITE
A. Lawful Purposes Only.
You agree to use our website for lawful, legitimate, non-commercial purposes only. You agree not to post or transmit through our website any unsolicited advertising or solicitation, mass mailing, petitions for signatures, chain letters or any other form of “spam.”
B. As It Relates to Others.
You agree not to post or transmit through our website any material which infringes on the intellectual property rights of any person or entity and you agree to hold us harmless should you do so.
You agree not to post or transmit through our website any material which violates or infringes on the rights of others, or which is threatening, abusive, defamatory, libelous, invasive of privacy or publicity rights, vulgar, obscene, profane, or otherwise objectionable. You agree not to post or transmit through our website any material which contains injurious formulas, recipes, or instructions, which encourages a criminal offense, gives rise to civil liability, or otherwise violates any law.
You agree not to post or transmit through our website any material which would constitute cyber bullying, stalking, abusing, sexually exploiting, violently exploiting or harassing any other users of our website. We have a zero tolerance policy and a violation of this term will result in your comments being immediately removed and we reserve the right to prosecute to the fullest extent of the law.
You acknowledge and agree that we have sole discretion as to whether your content is objectionable, and we have the right to remove it without explanations or legal consequences. You also acknowledge and agree that should your content give rise to further legal action, we reserve our right to pursue, and if a third party should choose to take legal action against you based on content you posted or transmitted on our website, you agree to hold us harmless and fully indemnify us for any actions or consequences that result. You agree that we are in no way liable to you for any defamatory or injurious conduct of any other user and agree to release us from any and all claims arising from such conduct.
C. As It Relates to Technology.
You agree not to post or transmit through our website any content which contains software viruses or other harmful computer software which interferes with or disrupts the operation of our website or any computer hardware or software. You acknowledge and agree that you are solely responsible for all electronic communications sent to us from your computer, phone, tablet or other device.
V. OUR MATERIALS
A. Intellectual Property
All of the Content on meshaellepate.com and included in our Services, unless clearly stated otherwise, is solely owned by Potentia Health, LLC or used with permission and is protected by applicable United States and international copyright, trademark, and other intellectual property laws.
You agree not to copy, reproduce, duplicate, modify, publish, transmit, replicate on another website, create derivative works from, sell, assist in the sale of, distribute, display, perform, or in any other way exploit our Content or intellectual property, in whole or in part, whether manually or by electronic means, without the express written consent of Potentia Health, LLC, except as permitted by applicable law.
We reserve the right to take appropriate action in response to unauthorized use of our Content, including restricting access to our Website or Services and pursuing remedies available under applicable law.
When you view our Website, we grant you a limited, revocable, non-transferable license for personal, non-commercial use only, subject to these Terms and Conditions.
You acknowledge and agree that our Website and Services include original work produced with care, creativity, and a significant investment of time, effort, and expense. You may not represent
our Content as your own. You agree not to share purchased materials with others who have not purchased them or otherwise received permission to access them. You also agree not to use our Content for commercial gain without our express written permission.
The original materials, writings, recordings, meditations, exercises, frameworks, and other proprietary Content we create and provide through our Services remain the intellectual property of Potentia Health, LLC, unless expressly stated otherwise in a separate written agreement.
Our business names, logos, taglines, icons, and design elements may be protected under applicable intellectual property laws. You agree not to use them in a manner likely to cause confusion, falsely imply an affiliation or endorsement, or otherwise infringe our rights.
All rights not expressly granted are reserved by us.
B. Express Written Permission
Requests for express written permission to use any of the Content on our Website or in our Services must be made before such use and may be directed to mpate@meshaellepate.com.
C. Our Free Materials
If you choose to download or access a free resource from our Website or Services, you acknowledge and agree that the resource is provided for your personal, non-commercial use only, unless otherwise expressly stated.
You agree not to edit, reproduce, distribute, sell, or otherwise exploit the resource without our express written permission, except as permitted by applicable law.
If we expressly permit you to share a resource, you agree to provide appropriate credit to Potentia Health, LLC or Meshaelle Pate, as applicable, and not represent the material as your own.
D. Our Newsletter
If you choose to opt in or subscribe to our free email communications, including our newsletter, meditation series, and other resources, you acknowledge that you are subscribing to receive electronic communications from us. No purchase is necessary to subscribe.
You may unsubscribe from marketing emails at any time by clicking the unsubscribe link provided in those emails or by contacting us at mpate@meshaellepate.com.
By subscribing, you consent to receive the email communications described at the time of signup, subject to our Privacy Policy and applicable law.
We may also send necessary administrative or transactional communications relating to Services you have purchased, separate from optional marketing communications.
VI. YOUR MATERIALS
A. Intellectual Property
You may have the opportunity to upload, post, submit, or otherwise transmit material (“Your Material”) through our Website or Services.
By submitting Your Material, you represent and warrant that you own the material or have the necessary rights and permissions to submit it, and that your submission does not violate any applicable laws or the intellectual property, privacy, or other rights of third parties.
You acknowledge and agree that you are responsible for the material you submit and for ensuring that you have the appropriate rights and permissions to share it. To the extent permitted by applicable law, you agree to hold Potentia Health, LLC harmless from claims arising from your infringement of another person's rights through Your Material.
You retain ownership of your original materials, personal writings, reflections, and other content you provide to us, subject to any rights held by third parties.
B. Security of Your Materials
If you voluntarily post material in a publicly accessible area of our Website, you acknowledge that other visitors may be able to view or access that material.
Materials and personal information submitted privately in connection with our Services are handled in accordance with our Privacy Policy and any applicable client agreement.
We take reasonable measures to protect information entrusted to us, but no electronic transmission or storage system can be guaranteed completely secure.
C. Our License to Your Materials
When you submit material through our Website or Services, you grant us a limited, non-exclusive license to access, store, and use that material only as reasonably necessary to provide the requested Services, respond to your communications, administer our business, or comply with applicable legal obligations.
This license does not transfer ownership of Your Material to Potentia Health, LLC.
We will not publish, sell, or use your private client communications, personal reflections, photographs, or identifying information for promotional or marketing purposes without your separate permission.
Nothing in this section overrides any confidentiality obligations established in a separate client agreement.
D. Your Account
To access or purchase certain Services, you may be required to create an account with a third-party service provider or provide Personal Information, including your name, email address, billing information, and payment details.
You agree to provide accurate and current information and not to impersonate another person or use an account in an unlawful or unauthorized manner.
You are responsible for maintaining the confidentiality of any account credentials you create and for complying with the applicable terms and policies of the service providers you use.
Purchases, scheduling, and client account management may be facilitated through third-party platforms, including Paperbell. Payment information may be processed by third-party payment processors, including Stripe, subject to their applicable terms and privacy policies.
VII. TESTIMONIALS
Testimonials and client experiences shared on meshaellepate.com or in our marketing materials are provided voluntarily and published with the permission of the individuals involved.
Testimonials reflect the personal experiences and opinions of those individuals. Individual experiences vary, and testimonials are not a guarantee or promise that you will achieve the same or similar results through our Services.
We respect the confidentiality of our clients. We will not publish identifying information, private client communications, or personal experiences shared during confidential sessions without appropriate permission.
Where testimonials have been edited for length or clarity, we will preserve the substance and intended meaning of the individual's original statements.
VIII. THIRD PARTY RESOURCES
Our Website, meshaellepate.com, may contain links to third-party websites, platforms, services, and resources.
You acknowledge and agree that we are not responsible or liable for the functionality, availability, accuracy, content, security, or policies of these third-party websites or resources.
A link on our Website to a third-party website or resource does not necessarily imply endorsement by, affiliation with, or approval of that third party or its content.
Third-party websites and resources may have their own Terms and Conditions and Privacy Policies. You acknowledge and agree that it is your responsibility to review those terms and policies before using their services or providing them with Personal Information.
We make no guarantees or warranties regarding the functionality, legality, accuracy, or availability of content or services provided by third parties. To the extent permitted by applicable law, we accept no responsibility for any loss, damage, or injury resulting from your use of third-party websites or resources.
You acknowledge and agree that your use of third-party websites, platforms, services, and resources is at your own discretion and risk.
Third-party services and platforms used in connection with our business may include Paperbell for scheduling and client management, Stripe for payment processing, MailerLite for email communications, YouTube for video content, and Facebook and Instagram for social media content and communications. These services and platforms operate under their own applicable terms and privacy policies.
IX. COMMERCE
We may offer Services for purchase through our Website or through third-party booking and checkout platforms, including Paperbell. By purchasing our Services, you acknowledge and agree that your purchase is subject to these Terms and Conditions and any applicable separate Purchase Agreement or Client Agreement.
A. Services and Pricing
Although we strive to describe our Services accurately and display correct pricing, you acknowledge that errors or inaccuracies may occasionally occur.
Prices advertised on our Website or through our checkout platforms are subject to change. If a pricing discrepancy is discovered before your purchase is accepted, we reserve the right to correct the error and offer you the opportunity to purchase at the correct price or cancel the transaction.
We reserve the right to change or discontinue Services, programs, or features, provided that we honor our existing contractual obligations to clients.
We also reserve the right to refuse or cancel an order, subject to applicable law and any existing agreement.
B. Financial Responsibility
When you purchase a Service, you agree to provide accurate, complete, and current billing and payment information.
You represent and warrant that you are authorized to use the payment method provided and that sufficient funds or available credit exist to complete your purchase.
You acknowledge and agree that you are financially responsible for purchases you make or authorize through our Website or third-party checkout platforms.
If you select a payment plan, you agree to make payments according to the schedule and terms established in your applicable Purchase Agreement or Client Agreement.
C. Safety of Your Personal Information
We take reasonable measures to safeguard Personal Information collected in connection with our business. However, no method of electronic transmission, payment processing, or information storage can be guaranteed completely secure.
Purchases, scheduling, and client account management may be facilitated through Paperbell, with payment processing provided through Stripe or other authorized payment processors.
These third-party providers maintain their own terms, conditions, security practices, and privacy policies. We encourage you to review those policies before making a purchase.
Our handling of Personal Information is further described in our Privacy Policy.
D. Separate Purchase Agreement and Client Agreement
When you purchase certain Services, you may be required to review and accept a separate Purchase Agreement or Client Agreement (collectively, an “Additional Agreement”) before completing your purchase.
Your acceptance of an Additional Agreement creates a binding agreement governing the applicable purchase or client relationship.
The Additional Agreement and these Terms and Conditions apply together. In the event of a conflict between these Terms and Conditions and an applicable Additional Agreement, the Additional Agreement shall prevail with respect to that purchase or Service.
E. Payments and Delivery
Payments for our Services may be processed through third-party checkout and payment platforms.
A purchase is not considered complete until payment has been successfully processed or an applicable payment arrangement has been accepted.
Following a purchase, you may receive electronic confirmation, scheduling information, access instructions, or other details necessary to receive your Service.
For individual sessions, coaching programs, and other appointment-based Services, delivery and scheduling are governed by the applicable booking terms and any Additional Agreement.
For digital resources or products, access or delivery instructions will be provided according to the description of the purchased product or Service.
You agree to notify us promptly at mpate@meshaellepate.com if you discover an error in your purchase confirmation or have difficulty accessing a purchased Service.
F. Refunds
Unless otherwise expressly stated in an applicable Purchase Agreement or Client Agreement, all sales are final and no refunds will be provided, except where required by applicable law.
Any cancellation, rescheduling, payment plan, termination, or refund provisions contained in an applicable Additional Agreement shall govern the corresponding purchase or Service.
X. DISCLAIMERS
A. General Disclaimer
Our Website, its Content, and our Services are intended for personal development, spiritual exploration, informational, and educational purposes.
Our Services may include spiritual life coaching, intuitive guidance, meditation, energy-based practices, and discussion of spiritual beliefs and experiences. These Services are intended to support personal reflection, self-discovery, and spiritual growth.
You acknowledge and agree that our Content and Services may not be suitable for every individual or situation. We make no guarantees regarding specific personal, professional, emotional, financial, physical, or spiritual outcomes.
Any information, guidance, or perspectives shared through our Website or Services are offered for your consideration. You remain responsible for your own decisions, actions, and interpretations.
To the fullest extent permitted by applicable law, Potentia Health, LLC and Meshaelle Pate disclaim liability for losses, injuries, or damages arising from reliance upon our Website, Content, or Services, except where such liability cannot lawfully be excluded.
We are not responsible for defamatory, offensive, or unlawful conduct by other visitors or users of our Website.
B. Legal and Financial Disclaimer
Our Website, Content, and Services are not intended to provide legal, financial, tax, accounting, or other regulated professional advice.
Although Meshaelle Pate may have education or experience in certain professional fields, she does not act as your attorney, accountant, financial advisor, or other licensed professional through these Services.
Nothing shared through our Website or Services should be considered a substitute for individualized advice from a qualified professional regarding your particular circumstances.
You are encouraged to consult an appropriately qualified attorney, accountant, financial advisor, or other professional when making decisions involving legal, business, tax, or financial matters.
C. Medical, Health, and Mental Health Disclaimer
Our Website, Content, and Services are not intended to provide medical advice, mental health treatment, diagnosis, or healthcare services.
Meshaelle Pate is not acting as a physician, licensed mental health therapist, counselor, psychologist, psychiatrist, or other licensed healthcare professional through these Services.
Spiritual life coaching, intuitive guidance, meditation, and energy-based practices are not substitutes for professional medical or mental health care.
We do not diagnose medical or mental health conditions, prescribe medications, recommend discontinuing medical treatment, or guarantee healing or recovery from any physical, emotional, or psychological condition.
You are encouraged to consult your own qualified healthcare or mental health professional regarding any medical, psychological, or health-related concerns.
You acknowledge that your participation in our Services is voluntary and that you remain responsible for your healthcare decisions and for seeking appropriate professional support when needed.
D. Technology Disclaimer
We strive to maintain a functional and accessible Website and to provide our Content and Services without unnecessary interruption.
However, we cannot guarantee that our Website, its Content, or any third-party platforms used in connection with our Services will be available, uninterrupted, secure, or error-free at all times.
Access may occasionally be interrupted due to maintenance, updates, technical problems, service-provider interruptions, or circumstances beyond our reasonable control.
To the fullest extent permitted by applicable law, we disclaim liability for losses or damages resulting from temporary Website interruptions, technical errors, or unavailability of online Content.
We reserve the right to modify, suspend, or discontinue our Website or portions of its Content, subject to our obligations under any applicable client or purchase agreement.
E. Errors and Omissions Disclaimer
We make reasonable efforts to provide accurate and current information through our Website, Content, and Services.
However, information may occasionally contain errors, omissions, inaccuracies, or outdated material.
We do not guarantee that all information is complete, accurate, or current, and we reserve the right to correct or update information without prior notice.
To the fullest extent permitted by applicable law, we disclaim liability arising from inadvertent errors or omissions in our Website or Content.
F. Warranties Disclaimer
OUR WEBSITE AND ITS CONTENT ARE PROVIDED ON AN “AS IS” AND “AS AVAILABLE” BASIS.
TO THE FULLEST EXTENT PERMITTED BY APPLICABLE LAW, WE DISCLAIM ALL WARRANTIES, WHETHER EXPRESS OR IMPLIED, INCLUDING IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, AND NON-INFRINGEMENT.
WE DO NOT WARRANT THAT OUR WEBSITE OR CONTENT WILL BE UNINTERRUPTED, ERROR-FREE, COMPLETE, ACCURATE, SECURE, OR FREE OF HARMFUL COMPONENTS, OR THAT DEFECTS WILL ALWAYS BE CORRECTED.
NOTHING IN THIS SECTION EXCLUDES ANY WARRANTY, RIGHT, OR REMEDY THAT CANNOT LAWFULLY BE EXCLUDED OR LIMITED.
XI. PERSONAL RESPONSIBILITY AND ASSUMPTION OF RISK
You agree that you are using your own judgment when accessing our Website, using its Content, or participating in our Services, and you acknowledge and agree that you do so voluntarily and at your own risk.
You understand that our Services may involve personal reflection, spiritual exploration, intuitive guidance, meditation, and discussions of personal experiences, beliefs, and life circumstances.
You acknowledge and agree that you remain solely responsible for your decisions, actions, choices, and interpretations of any information or guidance received through our Website, Content, or Services.
You accept responsibility for determining whether our Services are appropriate for your individual needs and circumstances.
Nothing in this section excludes or limits any responsibility or liability that cannot lawfully be excluded or limited.
XII. LIMITATION OF LIABILITY
TO THE FULLEST EXTENT PERMITTED BY APPLICABLE LAW, POTENTIA HEALTH, LLC, MESHAELLE PATE, AND OUR AFFILIATES, OFFICERS, EMPLOYEES, CONTRACTORS, AGENTS, AND REPRESENTATIVES SHALL NOT BE LIABLE FOR ANY INDIRECT, INCIDENTAL, CONSEQUENTIAL, SPECIAL, EXEMPLARY, OR PUNITIVE DAMAGES ARISING OUT OF OR RELATED TO YOUR USE OF OUR WEBSITE, ITS CONTENT, OR OUR SERVICES.
THIS INCLUDES, WITHOUT LIMITATION, CLAIMS ARISING FROM LOSS OF REVENUE, ANTICIPATED PROFITS, BUSINESS OPPORTUNITIES, SAVINGS, GOODWILL, TIME, DATA, OR OTHER ECONOMIC LOSSES, WHETHER OR NOT SUCH DAMAGES WERE FORESEEABLE OR WE WERE ADVISED OF THEIR POSSIBILITY.
TO THE FULLEST EXTENT PERMITTED BY APPLICABLE LAW, WE SHALL NOT BE LIABLE FOR LOSSES OR DAMAGES ARISING FROM:
- INTERRUPTION, DELAY, ERROR, OMISSION, OR FAILURE IN THE OPERATION OR DELIVERY OF OUR WEBSITE, CONTENT, OR SERVICES;
- TECHNICAL FAILURES, COMPUTER VIRUSES, CYBERATTACKS, SERVICE INTERRUPTIONS, OR OTHER EVENTS AFFECTING OUR WEBSITE OR THIRD-PARTY PLATFORMS;
- UNAUTHORIZED ACCESS TO, ALTERATION OF, LOSS OF, OR MISUSE OF INFORMATION OR PROPERTY BY THIRD PARTIES; OR
- DECISIONS, ACTIONS, OR OUTCOMES ARISING FROM YOUR USE OF OR RELIANCE UPON INFORMATION, CONTENT, OR GUIDANCE PROVIDED THROUGH OUR WEBSITE OR SERVICES.
IN JURISDICTIONS THAT DO NOT PERMIT CERTAIN EXCLUSIONS OR LIMITATIONS OF LIABILITY, OUR LIABILITY SHALL BE LIMITED ONLY TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW.
TO THE FULLEST EXTENT PERMITTED BY APPLICABLE LAW, POTENTIA HEALTH, LLC'S TOTAL CUMULATIVE LIABILITY TO YOU FOR ALL CLAIMS ARISING OUT OF OR RELATED TO OUR WEBSITE, CONTENT, OR SERVICES SHALL NOT EXCEED THE TOTAL AMOUNT YOU PAID TO US FOR THE SERVICE GIVING RISE TO THE CLAIM.
IF YOU HAVE NOT PURCHASED A SERVICE FROM US, OUR TOTAL CUMULATIVE LIABILITY TO YOU SHALL NOT EXCEED ONE HUNDRED DOLLARS ($100), TO THE FULLEST EXTENT PERMITTED BY APPLICABLE LAW.
NOTHING IN THESE TERMS EXCLUDES OR LIMITS LIABILITY THAT CANNOT LAWFULLY BE EXCLUDED OR LIMITED, INCLUDING LIABILITY ARISING FROM CONDUCT FOR WHICH SUCH LIMITATIONS ARE PROHIBITED BY LAW.
WHERE A SEPARATE PURCHASE AGREEMENT OR CLIENT AGREEMENT APPLIES, ITS TERMS SHALL TAKE PRECEDENCE IN THE EVENT OF A CONFLICT WITH THIS SECTION.
XIII. INDEMNIFICATION
To the fullest extent permitted by applicable law, you agree to indemnify, defend, and hold harmless Potentia Health, LLC, Meshaelle Pate, and our affiliates, agents, contractors, officers, directors, employees, representatives, successors, assigns, and other parties acting on our behalf from and against third-party claims, demands, actions, liabilities, losses, damages, judgments, settlements, costs, and expenses, including reasonable attorneys' fees, arising out of or related to:
- Your breach of these Terms and Conditions or any applicable agreement with us;
- Your violation of any applicable law or regulation;
- Your infringement or violation of another person's intellectual property, privacy, publicity, or other legal rights;
- Any material you upload, post, submit, or otherwise transmit through our Website or Services that violates these Terms and Conditions or the rights of a third party; or
- Your unlawful or unauthorized use of our Website, Content, or Services.
You agree to provide reasonable cooperation and assistance, including relevant information and documentation, in connection with the defense of any such claim.
We reserve the right to participate in the defense of any claim subject to indemnification and to retain legal counsel of our choosing.
You agree not to settle any claim in a manner that imposes liability or obligations upon Potentia Health, LLC or Meshaelle Pate without our prior written consent.
This indemnification obligation does not apply to the extent a claim arises from our own unlawful conduct or from circumstances for which indemnification is prohibited by applicable law.
Nothing in this section overrides the terms of a separate Purchase Agreement or Client Agreement where that agreement expressly provides otherwise.
XIV. TERMINATION
We reserve the right, at any time and at our sole discretion, to refuse, restrict, suspend, or terminate your access to our Website, its Content, or any free resources or features, with or without prior notice, to the fullest extent permitted by applicable law.
We may exercise this right if we determine that you have violated these Terms and Conditions, engaged in unlawful or inappropriate conduct, infringed upon our intellectual property rights, or otherwise used our Website or Content in a manner inconsistent with these Terms.
We are not obligated to continue providing access to our Website or free Content to any particular user.
Termination of access does not affect any rights, obligations, or liabilities that arose before termination, including obligations relating to intellectual property, confidentiality, payment, indemnification, and limitations of liability, to the extent applicable.
If you have purchased Services under a separate Purchase Agreement or Client Agreement, termination of those Services, including any applicable cancellation, payment, or refund obligations, shall be governed by that agreement.
Nothing in this section limits any rights or remedies that cannot lawfully be excluded.
XV. GOVERNANCE
These Terms and Conditions shall be construed in accordance with and governed by the laws of the State of Texas, without regard to its conflict-of-laws principles.
Subject to the dispute resolution provisions of these Terms and Conditions and any applicable laws, the exclusive venue for legal proceedings arising out of or relating to these Terms and Conditions shall be in Collin County, Texas.
Nothing in this section limits any rights or protections that cannot lawfully be waived under applicable law.
XVI. DISPUTE RESOLUTION, LITIGATION EXPENSES
In the event of a dispute arising out of or relating to these Terms and Conditions, our Website, its Content, or our Services, we encourage you to contact us first at mpate@meshaellepate.com so that we may attempt to resolve the matter amicably and in good faith.
If the dispute cannot be resolved informally, you and Potentia Health, LLC agree, to the fullest extent permitted by applicable law, to resolve the dispute through binding arbitration administered by the American Arbitration Association (AAA) in accordance with its applicable rules, including any consumer arbitration rules that apply.
Arbitration shall take place in Collin County, Texas, unless the applicable AAA rules, governing law, or an agreement between the parties requires or permits another location or a remote proceeding.
Both parties agree to participate in the arbitration process in good faith. The arbitrator's decision shall be binding, subject to any rights of judicial review permitted by applicable law, and judgment upon the award may be entered in any court of competent jurisdiction.
Any claim or dispute must be brought within the time permitted by applicable law.
The arbitrator may award remedies available under applicable law, subject to any lawful limitations of liability contained in these Terms and Conditions or an applicable separate agreement.
The allocation of arbitration fees and expenses shall be governed by the applicable AAA rules and governing law.
In any arbitration or legal proceeding arising from or relating to these Terms and Conditions, the prevailing party may recover reasonable attorneys' fees and costs to the extent authorized by applicable law or an enforceable agreement between the parties.
Nothing in this section prevents either party from seeking relief in a court of competent jurisdiction where arbitration cannot lawfully be required or where applicable law otherwise permits judicial proceedings.
If a separate Purchase Agreement or Client Agreement contains dispute resolution provisions that conflict with this section, the provisions of that separate agreement shall take precedence with respect to the applicable purchase or Service.
XVII. ENTIRE AGREEMENT, WAIVER
These Terms and Conditions, together with our Privacy Policy and any other policies expressly incorporated by reference, constitute the entire agreement between you and Potentia Health, LLC regarding your use of our Website and its Content. They supersede all prior and contemporaneous agreements, representations, and understandings concerning that use.
Any separate Purchase Agreement or Client Agreement entered into between you and Potentia Health, LLC remains in effect according to its terms. Such agreements govern the applicable purchase or client relationship and shall take precedence in the event of a conflict with these Terms and Conditions.
You acknowledge and agree that our failure to enforce any provision of these Terms and Conditions shall not constitute a waiver of that provision or of our right to enforce it in the future.
No waiver of any provision shall be deemed a waiver of any other provision, whether or not similar, nor shall any waiver constitute a continuing waiver.
Any waiver by Potentia Health, LLC must be expressly made in writing and signed by an authorized representative of the Company to be binding.
XVIII. NOTICES
All formal legal notices, requests, demands, and other communications regarding these Terms and Conditions shall be made in writing and sent by United States mail to:
Meshaelle Pate
Potentia Health, LLC
11625 Custer Road
Suite 110-171
Frisco, TX 75035
For general business inquiries, you may contact us at:
mpate@meshaellepate.com
Unless otherwise expressly agreed in writing or permitted by applicable law, email communications do not replace the mailing requirements for formal legal notices under these Terms and Conditions.
XIX. SEVERABILITY
If any term, provision, covenant, or condition of these Terms and Conditions is determined by a court or other authority of competent jurisdiction to be invalid, unlawful, void, or unenforceable under applicable law, that provision shall be severed or limited to the minimum extent necessary, and the remaining provisions shall remain in full force and effect.
The invalidity or unenforceability of any individual provision shall not affect the validity or enforceability of the remaining provisions of these Terms and Conditions.
XX. ASSIGNMENT
You may not assign, delegate, sublicense, or otherwise transfer your rights or obligations under these Terms and Conditions without the prior written consent of Potentia Health, LLC.
Any attempted assignment, delegation, sublicense, or transfer in violation of this provision shall be ineffective to the extent permitted by applicable law.
XXI. CHANGES TO THESE TERMS AND CONDITIONS
We reserve the right to update, modify, or revise these Terms and Conditions from time to time.
Changes will be posted on this page, and the “Last Updated” date will be revised to reflect the most recent changes.
Unless otherwise stated, changes will become effective when posted and will apply to your use of our Website and Services thereafter, subject to applicable law.
Your continued use of our Website following the effective date of updated Terms and Conditions constitutes your acceptance of those changes to the extent permitted by applicable law.
Changes to these Terms and Conditions will not retroactively modify the terms of an existing Purchase Agreement or Client Agreement unless expressly agreed upon or otherwise permitted by applicable law.
We encourage you to review these Terms and Conditions periodically.
If you have questions about these Terms and Conditions, please contact us at mpate@meshaellepate.com.