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Theravue Inc. Service Subscriber Terms of Service
Last revised: May 27, 2019
Effective date: May 27, 2019
About the Site
Features, and Description of Theravue Service
Our Site and Services are designed with the intent to help Users practice psychotherapy skills by:
- Facilitating the formation of online Courses for the teaching of psychotherapy skills;
- Providing a system comprised of video stimulus and video responses by Users;
- Providing a variety of online services and tools designed to facilitate collaboration between Users;
- Providing the ability to create and store videos, assessments, and other User data in a secure manner;
Additional features of the Theravue Service may be described on the Website.
Definitions for purposes of this Agreement:
- "Website" means the websites and services available from the domain and subdomains of theravue.com;
- "Servers" are the online environments that support the Service;
- "User Data" means any data that you upload or submit to the Servers, Website, or other areas of the Service, including but not limited to sensitive data (“Sensitive Data”), including, but not limited to, the special categories of personal data specified in the European Union’s General Data Protection Regulation (“GDPR”) including “data revealing racial or ethnic origin, political opinions, religious or philosophical beliefs, or trade union membership,” as well as “genetic data, biometric data for the purpose of uniquely identifying a natural person, data concerning health or data concerning a natural person’s sex life or sexual orientation”;
- "Intellectual Property Rights" means copyrights, trademarks, service marks, trade dress, publicity rights, database rights, patent rights, and other intellectual property rights or proprietary rights recognized by law;
Accepting the Terms
It is important that you read these Terms carefully. If you do not agree to these Terms, please do not use the Theravue Service. By accessing or using the Theravue Service, you represent, warrant and signify that:
- you are at least 19 years of age;
- that you have read, understood and agree to be bound by these Terms as they may be amended from time to time;
If you accept these Terms, you represent that you have the capacity to be bound by them.
To the extent any provision in any Supplemental Agreement conflicts with any provision in these Terms of Service, the provisions contained in this Terms of Service shall control. An exception to this shall be the Theravue Business Associates Agreement
Changing the Terms
We may add, discontinue or revise these Terms or any aspect, mode or design of the Theravue Site, which include but are not limited to the:
- scope of the features;
- timing of the features;
- software/hardware required for access to the Theravue Service; and
- geographic locations or jurisdictions in which certain features may be available.
We may amend the Terms without notice for non-material amendments. We will provide you with notice of a material change in the terms and conditions (including changes in pricing) by setting out:
- the new or amended agreement terms;
- how such terms read formerly;
- the date of the coming into force of the amendment; and
- your rights as a consumer.
We highly recommend that users read any amendments carefully. We have the right to assume that you have accepted the change to the terms and conditions, unless you notify us to the contrary no later than thirty (30) days after the amendment comes into force that you desire to cancel the contract or deregister or unsubscribe from access to the Theravue Service. We will post the most current Terms on the Site and your use of the Theravue Service is subject to the most current Terms as posted on the Site at such time. It is your responsibility to visit this page to find any updates that may have been made to the Terms.
Using the Service
You need not register an account with the Website to browse the information that is publicly viewable by anyone using a standard Internet browser. To use the features of the Services intended for use by Therapists, you must first register an account with the Service. When you register as a Therapist, we may ask for your first and last name, telephone number, license number, province(s) and/or state(s) in which you are licensed, profession, email address, credit card information, and any other information required to deliver the Service to you, and you will be required to create a password. When you complete the registration process, you are subject to the payment terms as set forth on our pricing page.
Your use of any information or materials on this Website is entirely at your own risk, for which Theravue shall not be liable. It shall be your own responsibility to ensure that any products, services or information available through this Website, its partners, or affiliates, meet your specific requirements.
You acknowledge and agree that you shall comply with the following policies:
- No Advertising or Commercial Solicitation. You will not advertise or solicit any user to buy or sell any products or services through the Site or Services;
- Unique and Bona Fide Profile. As a potential member of a consultation group, your use of the Service must be for bona fide therapy improvement purposes in order to maintain the integrity of the Service (for example, you may not participate in a consultation group to compile to perform market research or to write a school research paper). From time to time, Theravue may create test profiles in order to monitor the operation of the Services.
- No Harassment of Theravue Employees or Agents. You will not harass, annoy, intimidate or threaten any Theravue employees or agents engaged in providing any portion of the Services to you.
- No Copying or Harvesting of Site Content. No portion of this Site, including but not limited to, Therapist names, addresses, phone numbers, email addresses, or copyrighted text may be reproduced, duplicated, copied, sold, resold, visited, or otherwise exploited for any commercial purpose such as for use on a "mirrored," competitive, or third party site without express written consent of Theravue. You may not make any commercial use of data mining, robots, or similar data gathering and extraction tools. You may not frame or utilize framing techniques to enclose any of our trademarks, logos, or other proprietary information (including images, text, page layout, or form). You may not use any meta tags or any other “hidden text” utilizing our name, trademarks or other proprietary information.
- Geographic Limitations. You will only use the Services in a manner consistent with this Agreement and any and all applicable local, state, provincial, territorial, federal, national and international laws and regulations. Registration for, and use of, the Services are void where prohibited. To the extent that the Services are not legal in your jurisdiction, you may not use the Services. The Services may not be used where prohibited by law.
- Information Submitted. You are solely responsible for, and assume all liability regarding, (i) the information and content you contribute to the Services; (ii) the information and content you post, transmit, publish, or otherwise make available (hereinafter “post”) through the Services; and (iii) your interactions with other Users through the Services.
- Content Removal. Theravue reserves the right, but has no obligation, to monitor the information you submit to the Site. Theravue will have the right to remove any such information or material that in its sole opinion violates, or may violate, any applicable law, either the letter or spirit of this Agreement, or upon the request of any third party.
Posting and Communication Restrictions.
You will not communicate content (or links thereto) on the Site, transmit to other users, or otherwise engage in any activity on the Site or through the Service, that:
- collects or solicits personal information about anyone under 18 years of age (or the age of majority in your jurisdiction, if it is older);
- promotes racism, bigotry, hatred or physical harm of any kind against any group or individual;
- is intended to or tends to harass, annoy, threaten or intimidate any other users of the Site or Services;
- is defamatory, inaccurate, abusive, obscene, profane, offensive, sexually explicit, obscene or otherwise objectionable;
- contains others’ copyrighted content (e.g., articles, videos, photographs, images, etc.) without obtaining permission first;
- promotes or enables illegal or unlawful activities, such as instructions on how to make or buy illegal weapons or drugs, violate someone’s privacy, harm or harass another person, obtain others’ identity information, create or disseminate computer viruses, or circumvent copy-protect devices;
- intended to defraud, swindle or deceive other users of the Services;
- contains viruses, time bombs, trojan horses, cancelbots, worms or other harmful, or disruptive codes, components or devices;
- promotes or solicits involvement in or support of a political platform, religion, cult, or sect;
- disseminates or otherwise discloses another person’s personal information without his or her prior permission, or collects or solicits another person’s personal information for commercial or unlawful purposes;
- is off-topic, meaningless, or otherwise intended to annoy or interfere with others’ enjoyment of the Site;
- impersonates, or otherwise misrepresents affiliation, connection or association with, any person or entity;
- solicits gambling or engages in any gambling or similar activity;
- uses scripts, bots or other automated technology to access the Site or Services;
- uses the Site or Services for chain letter, junk mail or spam e-mails; or
- is in any way used for or in connection with spamming, phishing, trolling, or similar activities.
- No False Information. You will not provide inaccurate, misleading or false information to Theravue or to any other user. If information provided to Theravue or another user subsequently becomes inaccurate, misleading or false, you will promptly notify Theravue of such change.
- Voluntary Use. Your use of the Portal is voluntary and at your discretion.
- No obligation to intervene in disputes between users: You agree that we have no duty or obligation to enforce, mediate, adjudicate, or otherwise resolve disputes between Theravue users.
Compliance with the above referenced membership eligibility criteria is necessary for your use of the Website. Should Theravue find that you violated the terms of the membership eligibility criteria or any other terms stated herein, Theravue reserves the right, at its sole discretion, to immediately terminate your use of the Website.
You agree that you are solely responsible for any breach of your obligations under the Terms and for the consequences of any such breach. We have no responsibility to you or to any third party for such breaches or the consequences of such breaches (including losses or damage that You or Theravue may incur). You understand that when using the Theravue Service, you may come across material that you find objectionable, offensive or indecent and agree that you are using the Theravue Service voluntarily and at your own risk.
You agree and understand that Theravue is providing a service intended to facilitate and support communication between professionals, and that Theravue is not responsible for the content, character, accuracy, or clinical appropriateness of information or content provided by another user. You agree and understand that the appropriateness of all consultation data provided by another Theravue user should, like other input provided by colleagues or other interested parties, be weighed by you. You agree and understand that the information you encounter/receive while using Theravue is solely advisory in nature and that you retain the ultimate responsibility for all clinical work. You agree and understand that any reliance by you upon Theravue shall not shift the duties owed by you to your clients toward Theravue.
Theravue is not, nor should it be used as, a service for confidential or protected online data storage, and is not certified under the Family Educational Rights and Privacy Act (FERPA) or equivalent legislation governing student or patient data storage. You agree that you will not use Theravue as an Electronic Health Record or otherwise use/rely upon Theravue as a means for storing client records/charts/files. You likewise agree that you will not use Theravue as means for storing student records or information. You agree that the maintenance of the client’s chart/record/file, to the extent that you have any obligation to do so, shall be undertaken by you independently of your use of Theravue. At no time will you store PHI or client data on Theravue that is not duplicated in your own chart/file/record.
Third Party Links
The Theravue Service may link to third-party websites or resources. Such links are provided as a convenience to you only and do not imply an endorsement, warranty or guarantee by us of any such linked site or the company it purports to represent. We do not assume any responsibility or liability for their availability, accuracy, the related content, products or services. You are solely responsible for use of any such websites or resources and compliance with their policies. Should you elect to enter into an agreement or contract with any such website, you agree to hold us harmless and hereby release us from any liability whatsoever, whether arising out of contract, tort or otherwise, for any liability, claim, injury, loss or damage suffered as a result of your actions or the actions of any user associated with your account, offering to accept or having accepted any products or services that are available from those sites.
Intellectual Property and Rights
Rights to content provided by us:
You acknowledge and understand that, except for Protected Content (as defined below), we own all right, title and interest in: (a) the Theravue Service; data files; and (b) all e-mails; computer software; advertisements; sponsored content, trade-marks, copywritten material and other intellectual property rights; (all such information, individually and collectively, being the “Theravue Content” ), which you may have access to when using the Theravue Service, are owned either by us or the entity from which such Theravue Content originated. The Theravue Content is protected by our intellectual property rights or the rights of the entities who have provided to the Company such Theravue Content.
Except as set forth in the Agreement, all rights not expressly granted to you are reserved. You agree not to decipher, decompile, disassemble, reconstruct, translate, reverse engineer, or discover any of the intellectual property or ideas, algorithms, file formats, programming, or interoperability interfaces underlying the Theravue Service. You may not modify, rent, lease, loan, sell, distribute or create any derivative products or services (or parts of services products or services) based on Theravue Content that you do not own or to which you have rights, or to create derivative works based on the Theravue Service. We reserve the right to pre-screen, review, filter, modify, flag, refuse, or remove any or all Theravue Content from any of the Theravue Service at any time, at our sole discretion. You may not infringe upon our intellectual property and the intellectual property of any other entities that provide the Theravue Content; or adapt, reproduce, publish or distribute copies of any information or material found on the Theravue Service in any form (including by e-mail or other electronic means), without our prior written consent.
This license may be revoked upon breach of these Terms by you and shall automatically be revoked upon termination or expiration of this Agreement.
Theravue may, now or in the future, own rights to trade-marks, trade names, services marks, logos, domain names and other distinctive brand features which we use in connection with the operation of the Theravue Service. We do not grant you any right or license to use any of our intellectual property other than as expressly set out in these Terms and in other licenses between you and us.
Rights to content provided by you:
You also understand that in order for us to operate the Theravue Service, Subscriber Content may be transmitted by you or us over various public networks and in various media in compliance with our security protocols and we may make changes to Subscriber Content to meet the technological requirements of such networks and media. Theravue takes no responsibility for information sent to or accessed via unsecured networks, or other User initiated breaches. Users must use their best judgement to determine the level of precaution that should be taken when accessing or uploading potentially sensitive data, including Subscriber Content.
You agree that we have no responsibility to protect or enforce your rights on your behalf with respect to Subscriber Content. You further agree that we have no duty or obligation to enforce, mediate, adjudicate, or otherwise resolve disputes between Theravue users.
When you provide information to us you represent and warrant that you have the right to do so and you have no reason to believe you are violating the rights of any person or any contract or other obligation to which you are subject.
Theravue Service provided as-is:
The Theravue Service is provided “as-is” without warranties of any kind, either expressed or implied. You acknowledge, agree and understand that you use the Theravue Service at your own risk. We will have no responsibility for any harm to your computer system, loss or corruption of data, or other harm that results from your access to or use of the Theravue Service.
The Theravue Service may be temporarily unavailable from time to time for maintenance or other reasons. We assume no responsibility for any error, inaccuracy, omission, interruption, deletion, defect, delay in operation or transmission, communications line failure, theft or destruction or unauthorized access to, or alteration of, any communications between you and the Theravue Service.
No endorsement as to accuracy:
We accept no responsibility for the accuracy of any Theravue Content provided by, or created using, the Theravue Service except as otherwise set out in these Terms. The provision or storage of Theravue Content or Protected Content through the Theravue Service by us does not, despite Theravue's efforts to adhere to applicable legislation, constitute our endorsement nor warranty as to the compliance of such Theravue Content or Protected Content with applicable privacy legislation, nor to the accuracy, timeliness, materiality, completeness, or reliability thereof.
You are responsible for ensuring that the information you have entered into our system is accurate, reliable, complete, and permissible.
No warranty as to non-infringement:
Except in the manner provided for in these Terms, we and any other entity providing Theravue Content disclaim, and expressly do not provide any direct or indirect, express or implied representation or warranty as to title and non-infringement of intellectual property in relation to the Theravue Service.
Limitation of Liability
You hereby agree to release, remise and forever discharge us and our directors, employees, officers, and our affiliates, partners, service providers, vendors, and contractors and each of their respective agents, directors, officers, employees, and all other related persons or entities from any and all manner of rights, losses, costs, claims, complaints, demands, debts, damages, causes of action, proceedings, liabilities, obligations, legal fees, costs and disbursements of any nature whatsoever, nor for any special, indirect or consequential, incidental or exemplary damages ( collectively, a “Claim” ), whether in contract or tort, whether known or unknown, which now or hereafter arise from, to the maximum extent allowed by law, that relate to, or are connected with:
- these Terms;
- failure or delay of the merchants to deliver the products or services, in any way, that are advertised on the Theravue Service or through Theravue, and, for clarity, Theravue accepts no liability for any Merchant failure or delay in complying with these terms and conditions or any dispute between you and any Merchant (for clarity, all disputes relating to the quality of Merchant products and inquiries regarding refunds must be directed to the Merchant);
- your provision to us of any Subscriber Content which includes personal information subject to our legal requirements relating to the protection of personal information;
- communications received by you through your access to the Theravue Service;
- the use of the Theravue Service and any related applications including third party services;
- the use of any software related to the Theravue Service;
- viruses, spyware, service provider failures or internet access interruptions;
- potential GDPR violations;
- loss of use, loss of data, inaccuracy of data, payment failure, payment defect, inaccurate calculations, downtime, identity theft, fraud or unauthorized access; or
- any Content relating to the use of the Service, even if you have been advised of the possibility of such Claim, or such Claim was reasonably foreseeable and notwithstanding the sufficiency or insufficiency of any remedy provided for herein or in any license.
In the event that we become liable for any damages whatsoever, you agree that such damages shall be limited in the aggregate to the amount of fees or charges which you have paid for the Theravue Service in the previous three (3) month period. Any voluntary election by Theravue to increase this damages limitation is voluntary and shall not be construed as an admission of fault or construed as a waiver of any of the other terms of this agreement or the attached supplemental agreements.
You agree that you will defend, indemnify and hold harmless us and our officers, directors, shareholders, employees, agents and representatives, from and against any and all damages, judgments, liability, costs and expenses (including without limitation any reasonable legal fees), in whole or in part arising out of or attributable to: (a) generally: your breach of these Terms; your access to and/or use of the Theravue Service; and any loss of, or damage to, any property, or injury to, or death of, any person (including You) caused by Your access to and/or use of the Theravue Service; and (b) specifically, your breach of the intellectual property rights of any third party these Terms.
You agree that you will be solely responsible for all activities that occur under your account, whether you are aware of them or not. You agree to hold us harmless and release us from any loss or liability whatsoever that you may incur as a result of someone other than you using your password or account, either with or without your knowledge. You agree to indemnify us for any damages, third party claims or liabilities whatsoever that we may incur as a result of activities that occur on or through your account, whether or not you were directly or personally responsible.
Duration of the Terms
These Terms are effective on the date that you register for the Service until our relationship with you is terminated.
You may terminate your relationship with us by canceling your account at any time, using the Website interface.
We may terminate our relationship with you immediately at any time and for any reason including, but not limited to, a breach of these Terms under the following circumstances:
- if you have missed a payment for your use of the Theravue Service;
- if you have not adhered to any or all the provisions of the Terms or if it appears that you do not intend to or are unable to comply with the Terms, such determination to be made solely at our discretion;
- if required to terminate the relationship by law; or
- if providing the Theravue Service is no longer commercially viable for us.
- Any other reason, as solely determined by Theravue Staff, if such action is reasonably prudent to maintain the integrity of the Theravue brand, technical integrity, and/or Theravue Service.
On termination of our relationship:
- we will immediately revoke your license to use the Theravue Service;
- we may delete all data and information associated with your account (except for information covered by the Patient Health Information Transfer and Release Form).
Governing Law and Forum of Disputes
By visiting the Site or using the Theravue Service, you agree that the laws of the Province of British Columbia, Canada without regard to the principles of conflict of laws, will govern these Terms and any dispute of any sort that may arise between you and us. With respect to any disputes or claims, you agree not to commence or prosecute any action in connection therewith other than in the province of British Columbia, Canada, and you hereby consent to, and waive all defenses of lack of personal jurisdiction and forum non conveniens with respect to venue and jurisdiction in the provincial courts of British Columbia, Canada. You agree to pay reasonable attorneys' fees and court costs incurred by us to collect any unpaid fees owed by you.
You agree that we are not liable for a delay or failure in performance of the Theravue Service or the provisions of these Terms caused by reason of any occurrence of unforeseen events beyond our reasonable control, including but not limited to, acts of God, natural disasters, power failures, server failures, third party service provider failures or service interruptions, embargo, labour disputes, lockouts and strikes, riots, war, floods, insurrections, legislative changes, and governmental actions.
If any portion of these Terms is deemed unlawful, void or unenforceable by any arbitrator or court of competent jurisdiction, these Terms as a whole shall not be deemed unlawful, void or unenforceable, but only that portion of these Terms that is unlawful, void or unenforceable shall be stricken from these Terms. The insertions of headings are for reference purposes only and are not to affect the interpretation of these Terms.
You may not, without our prior written consent, assign the Agreement, in whole or in part, either voluntarily or by operation of law, and any attempt to do so will be a material default of the Agreement and will be void. We may assign this Agreement to a third party at any time in our sole discretion. The Agreement will be binding upon and will inure to the benefit of the respective parties hereto, their respective successors in interest, legal representatives, heirs and assigns.
You agree that if we do not exercise or enforce any legal right or remedy which is contained in these Terms or which we have the benefit of under any applicable law, this will not be taken to be a formal waiver of our rights and that those rights or remedies will still be available to us. Waivers must be in written form and signed by an authorized representative of the Company. All covenants, agreements, representations and warranties made in these Terms, except where otherwise indicated in these Terms of Service agreement, shall survive your acceptance of these Terms and the termination of our relationship.
By providing us with your e-mail address, you agree to receive all communication from us required to maintain your access to and security while using the Website electronically, to that e-mail address. It is your responsibility to update or change that address, as appropriate. If you have any questions or comments regarding these Terms, or if you wish to withdraw your consent to these terms, please contact our head office by email at firstname.lastname@example.org or at the address first noted above.
The text of some supplemental agreements may be included, below, for reference purposes. The omission of the text of a Supplemental Agreement from this section shall not indicate that a Supplemental Agreement does not exist or that it has not been agreed to by the parties.
Supplemental Agreements currently in effect:
- Theravue Business Associates Agreement
- Any Additional Agreement as made between you and Theravue not herein described.