Terms and Conditions

The following terms and conditions govern all the use of TherapistCompanion.com website and any related mobile apps (collectively called the "Service"). The Service is owned and operated by TherapistCompanion (TC). The website is offered subject to your acceptance without modification of all of the terms and conditions contained herein and all other operating rules, policies, and procedures that may be published from time to time on this Site by TherapistCompanion (collectively, the "Agreement").

License to use website
Unless otherwise stated, TherapistCompanion and/or its licensors own the intellectual property rights in the website and material on the website. Subject to the license below, all these intellectual property rights are reserved.

You may view, download, and print pages from the website for your own personal and professional practice use, subject to the restrictions set out below and elsewhere in these terms and conditions.

You must not:

• republish material from this website;
• sell, rent, or sublicense material from this website;
• show any material from the website in public;
• reproduce, duplicate, copy, or other wise exploit material on this website for a commercial purpose;
• redistribute material from this website (except for content specifically and expressly made available for redistribution.

TherapistCompanion is a paid service to help you manage your practice. Should you decide to stop using TherapistCompanion at any time, you are entitled to receive all of the data you submitted electronically as a file. Please contact us to do so. Since the use of TherapistCompanion is based on a yearly fee, if you close your account before the year is up, you may be entitled to a partial refund. The refund is calculated by dividing your remaining annual fee in half. For example, if you are on the basic plan at $9.95/month and you close your account with 6 months left, you will receive $29.85 refunded to you.

Acceptable use
You must not use this website in any way that causes, or may cause, damage to the website or impairment of the availability or accessibility of the website; or in any way which is unlawful, illegal, fraudulent or harmful, or in connection with any unlawful, illegal, fraudulent or harmful purpose or activity.

You must not use this website to copy, store, host, transmit, send, use, publish or distribute any material which consists of (or is linked to) any spyware, computer virus, Trojan horse, worm, keystroke logger, rootkit or other malicious computer software.

You must not conduct any systematic or automated data collection activities (including without limitation scraping, data mining, data extraction and data harvesting) on or in relation to this website without TherapistCompanion's express written consent.

Restricted access
Access to certain areas of this website is restricted. TherapistCompanion reserves the right to restrict access to other areas of this website, or indeed this entire website, at our discretion.

You must ensure that your user ID and password remain confidential. Your password is encrypted on our servers.

TherapistCompanion may disable your user ID and password at our sole discretion without notice or explanation. If this happens, you will be provided all of your client and practice data at the email address you have in your account, if desired.

TherapistCompanion makes every effort to secure the information you store on our servers as outined in the Terms of Agreement and Privacy Policy. In return, you agree to hold TherapistCompanion harmless in the event that information stored on our servers is required to be disclosed by a court order or other lega requirement or is mistakenly or maliciously obtained by a third party. TherapistCompanion backs up all user data regularly. However, in case of a "data dump" data loss or other event, you agree to hold TherapistCompanion harmless for any loss of data or information stored on TherapistCompanion. You also agree to idenmnify and hold harmless TherapistCompanion for any damages you incur by using our services.

User content
In these terms and conditions, “your user content” means material (including without limitation text, images, audio material, video material and audio-visual material) that you submit to this website, for whatever purpose.

Your user content must not be illegal or unlawful, must not infringe any third party's legal rights, and must not be capable of giving rise to legal action whether against you or TherapistCompanion or a third party (in each case under any applicable law).

TherapistCompanion reserves the right to edit or remove any material submitted to this website, or stored on TherapistCompanion's servers, or hosted or published upon this website.

Notwithstanding TherapistCompanion's rights under these terms and conditions in relation to user content, TherapistCompanion does not undertake to monitor the submission of such content to, or the publication of such content on, this website.

No warranties
This website is provided “as is” without any representations or warranties, express or implied. TherapistCompanion makes no representations or warranties in relation to this website or the information and materials provided on this website.

Without prejudice to the generality of the foregoing paragraph, TherapistCompanion does not warrant that:

• this website will be constantly available, or available at all; or
• the information on this website is complete, true, accurate or non-misleading.

Nothing on this website constitutes, or is meant to constitute, advice of any kind.

Limitations of liability
TherapistCompanion will not be liable to you (whether under the law of contact, the law of torts or otherwise) in relation to the contents of, or use of, or otherwise in connection with, this website:

• for any indirect, special or consequential loss; or
• for any business losses, loss of revenue, income, profits or anticipated savings, loss of contracts or business relationships, loss of reputation or goodwill, or loss or corruption of information or data; or
• for any kind of viruses, worms, malicious code, unlawful inserts, Trojans or other compoenets that may enter your computer;

These limitations of liability apply even if TherapistCompanion has been expressly advised of the potential loss.

Exceptions
Nothing in this website disclaimer will exclude or limit any warranty implied by law that it would be unlawful to exclude or limit; and nothing in this website disclaimer will exclude or limit TherapistCompanion's liability in respect of any:

• fraud or fraudulent misrepresentation on the part of TherapistCompanion; or
• matter which it would be illegal or unlawful for TherapistCompanion to exclude or limit, or to attempt or purport to exclude or limit, its liability.

Except as otherwise expressly provided herein, your use of TherapistCompanion is at your own risk. To the maximum extent permitted by law, none of the entities compromising TherapistCompanion or its vendors and suppliers, nor any of their respective officers, directors, or employees, nor any other party involved in creating, producing, or delivering the setItemor services is liable for (i)Any incidental, consequential, indirect, special, exemplary, or punitive damages of any kind; or (ii) loss of profits, lost revenue, cost of replacement goods or services arising out of your access to or use of the site or services, or the inability to access or use the site or services, whether caused by TherapistCompanion or third parties, online service providers, any agent or subcontractor or any of the foregoing. In no even shall TherapistCompanion's liability under this agreement exceed the amount paid by you for services in the last 30 days.

Governing law and dispute resolution
TherapistCompanion and you agree that any claim or dispute arising out of use of TherapistCompanion shall first go to mediation between the parties conducted in accordance within the rules and procedures of the American Arbitration Association. In the event the dispute is not resolved by mediation, the parties agree that any such unresolved dispute shall be subject to binding arbitration under the rules and procedures of the American Arbitration Association or such other third party dispute resolution mechanism as the parties hereto agree, and that they are waiving their right to a jury or court trial.

The terms and conditions contained herein shall be construed under and governed by the laws of the State of Kentucky and any dispute arising from TherapistCompanion or the breach of TherapistCompanion shall be governd by the laws of the State of Kentucky. You agree to waive trial by Jury rights in any claim or litigation.

Reasonableness
By using this website, you agree that the exclusions and limitations of liability set out in this website disclaimer are reasonable. If you do not think they are reasonable, you must not use this website.

Other parties
You accept that, as a limited liability entity, TherapistCompanion has an interest in limiting the personal liability of its officers and employees. You agree that you will not bring any claim personally against TherapistCompanion's officers or employees in respect of any losses you suffer in connection with the website.

Without prejudice to the foregoing paragraph,] you agree that the limitations of warranties and liability set out in this website disclaimer will protect TherapistCompanion's officers, employees, agents, subsidiaries, successors, assigns and sub-contractors as well as TherapistCompanion.

Unenforceable provisions
If any provision of this website disclaimer is, or is found to be, unenforceable under applicable law, that will not affect the enforceability of the other provisions of this website disclaimer.

Indemnity
You hereby indemnify TherapistCompanion and undertake to keep TherapistCompanion indemnified against any losses, damages, costs, liabilities and expenses (including without limitation legal expenses and any amounts paid by TherapistCompanion to a third party in settlement of a claim or dispute on the advice of TherapistCompanion's legal advisers) incurred or suffered by TherapistCompanion arising out of any breach by you of any provision of these terms and conditions[, or arising out of any claim that you have breached any provision of these terms and conditions.

Breaches of these terms and conditions
Without prejudice to TherapistCompanion's other rights under these terms and conditions, if you breach these terms and conditions in any way, TherapistCompanion may take such action as TherapistCompanion deems appropriate to deal with the breach, including suspending your access to the website, prohibiting you from accessing the website, blocking computers using your IP address from accessing the website, contacting your internet service provider to request that they block your access to the website and/or bringing court proceedings against you.

Variation
TherapistCompanion may revise these terms and conditions from time-to-time. Revised terms and conditions will apply to the use of this website from the date of the publication of the revised terms and conditions on this website. Please check this page regularly to ensure you are familiar with the current version.

Severability
If a provision of these terms and conditions is determined by any court or other competent authority to be unlawful and/or unenforceable, the other provisions will continue in effect. If any unlawful and/or unenforceable provision would be lawful or enforceable if part of it were deleted, that part will be deemed to be deleted, and the rest of the provision will continue in effect.