RESPONDERS 1ST CALLTM VIRTUAL EMDR PROGRAM TERMS OF SERVICE JUNE,6 2020
These Terms of Service (the "Terms") govern your access and use of our online platform (including www.responders1stcall.com , www.virtualemdr.com, associated websites, and related apps), through which self-guided eye movement therapy is provided (collectively the "Platform"). You also warrant that you are at least 18 years old, or of legal age to enter into a contract in your jurisdiction, whichever is older. If you are under this age, your parent or legal guardian must consent to these Terms before you may access and use the Platform. Read the Terms and our Privacy Policies carefully before starting to use the Platform. By using the Platform, you are agreeing to all the terms in both documents. If you do not agree to be bound by any part of the terms, you must not log in and access the Platform. The terms "we", "us", "our", "the Company" or similar refer to 24hr Virtual Clinic LLC and Virtual EMDR LLC. The terms "you", "your", "the User" or similar refer to you.
This Website and its application are the property of 24VC. Any unauthorized or malicious use of the Website is prohibited, and violators may be prosecuted to the fullest extent of applicable law. 24VC, including its directors, managers, employees, and agents shall not be responsible for: (1) investigating the accuracy of any representations of any service provider or any other entity or individual posting materials on this Website, (2) for the opinions, views, estimations, evaluations, prognosis, or recommendation of any service provider or any other entity posting materials to this Website, or (3) for any loss(es) or damage(s) arising from the use, or inability to use, this Website or any other 24VC website.
2. PROGRAM DESCRIPTION
Through the Platform, we offer an online self-guided mental health program known as "Virtual EMDR" ("the Program"). The Program is based on the principles of eye movement therapy commonly referred to as Eye Movement Desensitization and Reprocessing ("EMDR"). EMDR is used for the treatment of mental health conditions such as trauma, post-traumatic stress disorder (PTSD), depression, anxiety, and addictions. The Program is designed for self-guided use by an individual in a non-clinical setting. You may also elect to use it under the guidance or supervision of a professional, such as an EMDR practitioner or therapist. We do not make any warranties, claims, or representations as to the efficacy of using the Program or as compared to other formats of delivery of EMDR, such as traditional in-person sessions with a therapist. We do not warrant that the Program has been endorsed, created, developed, or tested by any professional organization associated with EMDR. Any comments by EMDR practitioners that appear on the Platform are made in their individual capacity and do not represent an endorsement of the Product or us.
3. SUITABILITY OF USE
While many Users can benefit from access to the Program and the Platform, you understand, agree and acknowledge that the Program may not be the appropriate solution for your specific needs and that it may not be appropriate for you in every situation. You understand and acknowledge the limitations and tradeoffs of using an online self-guided Program. You also acknowledge that the Program may not be a complete substitute for therapy delivered face-to-face and/or one-to-one.
IF YOU ARE THINKING OF SUICIDE OR IF YOU ARE CONSIDERING HARMING YOURSELF OR OTHERS OR IF YOU FEEL THAT ANY OTHER PERSON MAY BE IN ANY DANGER OR IF YOU HAVE ANY MEDICAL EMERGENCY, YOU MUST IMMEDIATELY CALL EITHER 9-1-1, THE EMERGENCY SERVICES NUMBER IN YOUR LOCAL AREA, THE NATIONAL SUICIDE PREVENTION LIFELINE 800-273-8255, AND YOU MUST NOTIFY THE RELEVANT AUTHORITIES. SEEK IMMEDIATE ASSISTANCE AS THE PLATFORM IS NOT DESIGNED FOR USE IN CASES WHERE LIFE OR SAFETY OF YOURSELF OR OTHERS IS AT IMMEDIATE RISK.
The Platform is not intended for the provision of clinical diagnosis requiring an in-person evaluation and you should not use it to fulfill official requirements such as court-ordered counseling. It is also not to be used for advice or information regarding which medical treatment may be appropriate for you. If in doubt as to the suitability of the Program for you, you must consult a qualified medical professional
Our Program includes the option for you to perform a behavioral health assessment, ("BHA") at your sole discretion. This BHA is not a diagnostic instrument and is only to be used for informational purposes. We and the maker and provider of this form disclaims any liability, loss, or risk incurred as a consequence, directly or indirectly, from the use and application of any of this BHA
4. DISCLAIMER AND LIMITATION OF LIABILITY
You hereby release us and agree to hold us harmless from any and all causes of action and claims of any nature resulting from your, or any person’s, use of the Platform. You understand, agree, and acknowledge that the Platform is provided "as is" without any express or implied warranties of any kind, including but not limited to merchantability, security, fitness for a particular purpose or accuracy. The use of the Platform is at your own risk. To the fullest extent of the law, we expressly disclaim all warranties of any kind, whether expressed or implied. You understand, agree, and acknowledge that we shall not be liable to you or to any third party for any indirect, incidental, consequential, special, punitive, or exemplary damages. You understand, agree and acknowledge that our aggregate liability for damages arising with respect to this agreement and any and all use of the Platform will not exceed the total amount of money paid by you to us through the Platform in the three (3) month period prior to the date of the claim, or to the extent permitted by applicable law.
5. ACCOUNT SET-UP AND ACCESS
To access certain features of the Platform you will be required to become a registered user by creating a User account ("the Account"). By creating an Account, you confirm that you are of legal age and capacity to enter into a binding contract. If you are under legal age, you must have your parent or legal guardian’s consent before creating an Account. You agree that all the information that you provided in or through the Platform in the process of setting up and maintaining your Account is accurate, true, current, and complete. Furthermore, you agree to maintain and update this information so it will continue to be accurate, current, and complete. You understand and acknowledge that private and sensitive information may be contained in your Account, including but not limited to your name, username, password, contact details, session history, session records including details of your mental health conditions, medical history, and confidential notes written by you. Therefore, you agree, confirm, and acknowledge that you are responsible for maintaining the confidentiality of your password and any other security information related to your Account. We advise you to change your password frequently and to take extra care in safeguarding your password.
You agree and commit not to allow any other person to access and use your Account, either with or without your consent and/or knowledge. You agree to notify us immediately if you are made aware of or suspect any unauthorized use of your Account or any other concern regarding potential or actual breach of your Account security. You also agree not to access or use, or attempt to access or use, the Account of any other person for any reason.
You agree, confirm, and acknowledge that you are solely and fully liable and responsible for all activities performed using your Account. You further acknowledge and agree that we will hold you liable and responsible for any damage or loss incurred as a result of the use of your Account by any person whether authorized by you or not, and you agree to indemnify us for any such damage or loss. You also agree, confirm, and acknowledge that we will not be liable for any loss or damage that incurred as a result of someone else using your Account, either with or without your consent and/or knowledge.
You agree and commit not to interfere with or disrupt, or attempt to interfere with or disrupt, any of our systems, services, servers, networks, or infrastructure, including obtaining or attempting to obtain unauthorized access. While we make commercially reasonable efforts to ensure the Platform’s reliability and accessibility, you understand and agree that access to the Platform may at times be interrupted, suspended or otherwise unavailable for reasons, whether foreseeable or unforeseeable, within or outside our control. You agree that we will not be liable for any losses or damages caused or suffered by you, as a result of any interruption, suspension, or unavailability of service for any reason or cause.
You agree and commit not to make any use of the Platform for the posting, sending or delivering of: (a) unsolicited email and/or advertisement or promotion of goods and services; (b) malicious software or code; (c) unlawful, harassing, privacy invading, abusive, threatening, vulgar, obscene, racist or potentially harmful content; (d) any content that infringes a third party right including intellectual property rights; (e) any content that may cause damage to us or a third party; (f) any content which may constitute, cause or encourage a criminal action or violate any applicable law. We reserve the right to suspend or close your Account, restrict, or terminate your access to the Platform at any time for any of the reasons outlined above. Refunds for any remaining period of your subscription shall be at our sole discretion.
6. PAYMENT, CANCELLATIONS AND REFUNDS
You authorize us to charge the debit/credit card provided by you according to the terms outlined in this agreement. You certify that you are an authorized user of the debit/credit card provided and will not dispute the scheduled payments with my credit card company provided the transactions correspond to the Terms of Service. You may cancel your Program and receive a full refund back on your debit/credit card provided we receive a formal cancellation request to (833) 717-8225 or by email to email@example.com prior to logging in and accessing your Program for the first time.
7. PRIVACY AND SECURITY
You agree to indemnify, defend, and hold us harmless from and against any and all claims, losses, causes of action, demands, liabilities, costs or expenses (including, but not limited to, litigation and reasonable attorneys' fees and expenses) arising out of or relating to any of the following: (a) your access to or use of the Platform; (b) any actions made with or through your Account whether by you or by someone else; (c) your violation of any of the provisions of this Terms. In the event that this is necessary, we reserve the right, at your expense, to assume the exclusive defense and control of any matter for which you are required to indemnify us and you agree to cooperate with our defense of these claims. You agree not to settle any such matter without our prior written consent. We will use reasonable efforts to notify you of any such claim, action or proceeding upon becoming aware of it.
10. IMPORTANT NOTES
We may change the Terms by posting modifications on the Platform at any time. Unless otherwise specified by us, all modifications shall be effective upon posting. You are encouraged to check the Platform frequently for updates. By using the platform after the changes become effective, you agree to be bound by such changes. If you do not agree, you must terminate access to the Platform and immediately cease using the Product and/or any part of the Content. All clauses regarding limitations of liabilities and indemnification shall survive the termination or expiration of any or all of the Terms. Any omission or failure on our part to exercise or enforce any right or provision of the Terms does not constitute a waiver of our rights and shall not be deemed a waiver of our further rights.
If you have any concerns about the Terms or if you are not satisfied with your experience, please contact us at (833) 717-8225 or by email to firstname.lastname@example.org. Be safe and in good health!