TherapyEd Site Terms and Conditions
These terms and conditions govern the use of and access to the TherapyEd, Ltd. ("TherapyEd") Learning Portal ("Learning Portal") website.
Acceptance of Terms
Welcome to the TherapyEd Learning Portal ("Learning Portal")! You may access or obtain unique services, products, and information ("Services") provided by TherapyEd ("we," or "us") through our Learning Portal as a service to our customers. Your use of these Services is subject to these Site Terms and Conditions ("Agreement"). By accessing the TherapyEd Learning Portal and/or using the Services, you agree that you have read and understand this Agreement, and that your use of the Learning Portal shall conform to this Agreement. If you register with us for certain Services, this Agreement includes and incorporates additional terms specific to those Services. The additional terms will be presented to you for your acceptance at the time of your registration for those Services. We reserve the right to change or amend this Agreement without notice. See the Section titled "Changes to Agreement" below for details.
User Account, Password, and Security
In this Agreement "you" refers to the person who registers to become a user of the TherapyEd Learning Portal. You agree that all information you provide in registration or otherwise is true, accurate, and complete. We reserve the right to refuse service or subscription to any person or entity for any or no reason whatsoever. To obtain some specific Services, you will be required to designate a user ID and password. You are responsible for maintaining the confidentiality of the ID and password and are fully responsible for all activities that occur under your ID or password. Your use of the Learning Portal and user ID and password are non-transferable. You also agree to exit from your account at the end of each session. TherapyEd cannot and will not be liable for any loss or damage arising from your failure to do so.
By accessing the Learning Portal and/or otherwise accepting this Agreement, you agree to comply with the with the following general guidelines:
In connection with your use of the Learning Portal, you agree you will not:
Transmit any message, information, data, text, software or images, or other content ("Material") that is unlawful, harmful, threatening, abusive, harassing, tortious, defamatory, vulgar, obscene, libelous, or otherwise objectionable that may invade another's right of privacy or publicity;
Impersonate any person or entity, including but not limited to, a TherapyEd official, forum leader, guide or host or falsely state or otherwise misrepresent your affiliation with a person or entity;
Post or transmit any Material that you do not have a right to reproduce, display or transmit under any law or under contractual or fiduciary relationships (such as nondisclosure agreements);
Post or transmit any Material that contains a virus or corrupted data;
Delete any author attributions, legal notices or proprietary designations or labels that you upload to any communication feature;
Use the Site's features in a manner that adversely affects the availability of its resources to other users
Post or transmit any unsolicited advertising, promotional materials, "junk mail," "spam," "chain letters," "pyramid schemes" or any other form of solicitation or any non-resume information such as opinions or notices, commercial or otherwise;
Violate any applicable local, state, national or international law;
Upload or transmit any Material that infringes any patent, trademark, trade secret, copyright or other proprietary rights of any party;
Delete or revise any Material posted by any other person or entity;
Manipulate or otherwise display the Site by using framing or similar navigational technology; or
Disseminate username, password or any additional subscription-based Learning Portal-accessing information to unauthorized individuals.
TherapyEd has expended substantial time, effort, and funds to create the Learning Portal and the Services. You acknowledge and agree that TherapyEd or TherapyEd affiliates exclusively own the copyright to (or have been granted licenses by third parties to use) all rights, title, and interest in the Services and the information, data, databases, images, sound recordings, audio and visual clips, and other content (collectively, "Content") provided by the website(s).
Certain materials specifically designated as belonging to another party are not owned by TherapyEd
No copyrighted material or other Content may be performed, distributed, downloaded, uploaded, modified, reused, reproduced, reposted, retransmitted, disseminated, sold, published, broadcast or circulated or otherwise used in any way whatsoever except as expressly stated either in such materials or in this Agreement without the express written permission of TherapyEd or permission of the copyright owner. Any modification of the Content, or any portion thereof, or use of the Content for any other purpose constitutes an infringement of TherapyEd's copyrights and other proprietary rights. Use of the Content on any other website or other networked computer environment is prohibited without prior written permission from TherapyEd.
The trademarks and logos used on the Learning Portal are owned by TherapyEd or are used with permission from the respective owners. No use of any TherapyEd trademark or any other trademark listed is permitted without express prior written consent.
No Resale of Service
You agree not to reproduce, duplicate, copy, sell, resell, or exploit for any commercial purposes any portion of the Services, use of the Services, or access to the Services.
This Site may provide, or third parties may provide, links to non-TherapyEd websites or resources. Because TherapyEd has no control over such Sites and resources, you acknowledge and agree that TherapyEd is not responsible for the availability of such external Sites or resources and does not endorse and is not responsible or liable for any content, advertising, products, or other materials on or available from such websites or resources. Links to these third-party Sites does not imply that the websites are affiliated with or endorsed by TherapyEd or are legally authorized to use any trademark, trade name, logo or copyright symbol of TherapyEd that is displayed in or accessible through the links.
You further acknowledge and agree that TherapyEd shall not be responsible or liable, directly or indirectly, for any damage or loss caused or alleged to be caused by or in connection with use of or reliance on any such content, goods or services available on or through any such Site or resource. TherapyEd strongly encourages users to read all external and third-party Site terms and conditions and privacy policies.
It is up to you to take precautions to ensure that information, data, and software you download or otherwise select for your use is free of viruses and other destructive items.
Consent to Electronic Communications and Email Solicitation
When you register for Services, you may choose to receive information and other materials regarding products, services, and other offers from time to time. Such solicitations may take the form of materials mailed to you, telephone calls, e-mail messages, or other forms. Solicitations will be made to the addresses and numbers provided to us in the registration process.
Term of Agreement
This Agreement remains in effect for 18 months after first activated unless earlier terminated by you or TherapyEd. You may terminate this Agreement upon our receipt of your notice via e-mail to TherapyEd at info@TherapyEd.com, and by our subsequently disabling your password and ID. If you are unsatisfied with the Services provided through the TherapyEd Learning Portal, your sole remedy is to terminate this Agreement. We may terminate this Agreement, in whole or with respect to a Service, with or without cause, at any time immediately upon our disabling your password and ID. We may notify you of termination of the Agreement via e-mail or other written notice to the address you provide to us in the registration process. After the termination of this Agreement or a Service, you are not authorized to access or use the Service, and you shall cease all such access and use. If you nonetheless access or use the Service after termination of the Agreement or Service, your use of, or access to, the Service will be subject to the version of the Agreement then in effect as to all current users.
Changes to Agreement and Services
We may make changes to this Agreement at any time. Your continued use of the Services indicates your acceptance of the new terms and conditions and continued agreement to be bound by this Agreement, as changed from time to time. TherapyEd may also make changes to the Services and Learning Portal, including discontinuing any Service or Content, or otherwise restricting access and use. We reserve the right to do so without prior notice to you. TherapyEd reserves the right to change or add any fees or charges for access or use of the Learning Portal or any of the Services at any time.
No Warranties/Limitation of Liability
THE TherapyEd LEARNING PORTAL AND SERVICES ARE PROVIDED ON AN "AS IS," "AS AVAILABLE" BASIS WITHOUT WARRANTIES OF ANY KIND. YOU ACKNOWLEDGE THAT, NEITHER TherapyEd NOR ANY OF ITS RESPECTIVE AFFILIATES, OFFICERS, DIRECTORS, EMPLOYEES, AGENTS, CONTRACTORS, SUPPLIERS, NOR ANY OTHER PARTY INVOLVED IN CREATING, PRODUCING OR DELIVERING THE TherapyEd LEARNING PORTAL MAKES ANY GUARANTIES OR WARRANTIES, EXPRESSED, IMPLIED OR STATUTORY, WITH RESPECT TO THE SERVICES AND CONTENT OR ANY OTHER MATTER, INCLUDING WITHOUT LIMITATION, WARRANTIES REGARDING THE ACCURACY OR COMPLETENESS OF ANY CONTENT, WARRANTIES THAT THE SERVICES OR CONTENT WILL BE FREE OF ERRORS OR AVAILABLE, OR WARRANTIES OF MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE OR INFRINGEMENT OF THIRD PARTY RIGHTS. TherapyEd, AND SUCH PERSONS SHALL NOT BE LIABLE TO YOU FOR ANY LOSS, COST, DAMAGE, OR OTHER INJURY, OF ANY KIND WHATSOEVER, WHETHER IN CONTRACT, TORT (INCLUDING NEGLIGENCE), OR OTHERWISE, ARISING OUT OF OR CAUSED IN WHOLE OR IN PART BY (I) YOUR USE OR INABILITY TO USE THE LEARNING PORTAL OR ANY ERRORS OR OMISSIONS IN THE CONTENT HEREOF; (II) YOUR USE OF, OR RELIANCE ON, ANY SERVICE OR CONTENT, (III) TherapyEds OR ANY OTHER PERSON'S PERFORMANCE OF ANY OBLIGATIONS UNDER OR IN CONNECTION WITH THIS AGREEMENT, AND/OR (IV) YOUR PURCHASE AND USE OF ANY GOODS OR SERVICES PROVIDED BY THIRD PARTIES THROUGH THE TherapyEd LEARNING PORTAL. IN NO EVENT WILL TherapyEd, OR ANY OF ITS RESPECTIVE AFFILIATES, OFFICERS, DIRECTORS, EMPLOYEES, AGENTS, CONTRACTORS OR SUPPLIERS BE LIABLE TO YOU OR ANY THIRD PARTY FOR ANY PUNITIVE, CONSEQUENTIAL, DIRECT, INCIDENTAL, INDIRECT, SPECIAL, OR SIMILAR DAMAGES EVEN IF ADVISED OF THE POSSIBILITY OF SUCH DAMAGE.
All users therefore agree that all access and use of the TherapyEd Learning Portal is at the user's own risk. Because some states or jurisdictions do not allow the exclusion or limitation of liability for certain damages, in such states or jurisdictions, the liability of TherapyEd shall be limited in accordance with this Agreement to the fullest extent permitted by law. The user specifically waives any and all claims it may have arising out of use of the Learning Portal. Any service for which a separate fee is charged carries with it only the representations and warranties specifically stated attributable to that service.
TherapyEd, and its respective affiliates, officers, directors, employees, agents, contractors, or other suppliers shall not be liable for any loss, cost, or damage due to causes beyond their control. You understand that TherapyEd accepts no responsibility for security of information transmitted over the Internet.
Without limiting any of the foregoing, if TherapyEd, or any of its respective affiliates, officers, directors, employees, agents, contractors or suppliers is found liable to you for any claims or matters arising under or in connection with this Agreement, TherapyEd's and such parties' aggregate and maximum liability for all such matters and claims in any calendar year shall not exceed the amounts paid by you to TherapyEd for the specific Service or product giving rise to such liability.
This Agreement represents your entire agreement with TherapyEd with respect to your access and use of the TherapyEd Learning Portal and the Services. This Agreement does not confer any rights, remedies, or benefits upon any person other than you and TherapyEd. This Agreement may only be amended by a written or electronic form duly accepted and agreed to by TherapyEd and you, or in the manner described in the Section "Changes to Agreement and Service" above. You may not assign this Agreement without the prior written consent of TherapyEd. This Agreement shall be binding on and inure to the benefit of the parties and their respective successors and assigns. Should any provision of this Agreement be held to be void, invalid, unenforceable, or illegal by a proper legal authority, the validity and enforceability of the other provisions shall not be affected. This Agreement shall be governed by and construed under the law of the State of Illinois, without regard to conflicts of laws, and the Federal law of the United States.