PediaSource Legal Declarations
- Website Terms and Conditions
- Notice of Privacy Practices
- Informed Consent for Therapy
Terms & Conditions
Client Service Agreement
This Client Services Agreement (“Agreement”) is a legally binding contract between you and PediaSource Inc. (“PediaSource”, “we”, or “us”) and governs your use of the Service (as defined below). Read the terms and conditions of this Agreement carefully before continuing. BY CHECKING THE “I AGREE” BOX TO CONTINUE, YOU CERTIFY THAT YOU ARE AT LEAST 18 YEARS OF AGE, AND YOU INDICATE YOUR ACCEPTANCE OF ALL OF THE TERMS AND CONDITIONS OF THIS AGREEMENT, INCLUDING THOSE OF SECTIONS 3 AND 8, REGARDING YOUR ASSUMPTION OF RISK AND THE LIMITATION OF PEDIASOURCE’S LIABILITY. IF YOU DO NOT AGREE WITH ANY PART OF THIS AGREEMENT, DO NOT CLICK THE “I AGREE” BOX.
Capitalized terms used in this Agreement have the meaning ascribed to them in this Section.
“Acceptance Date” means the date you indicate your acceptance of this Agreement.
“Client Data” means the data about you or your child that you provide and PediaSource gathers in the course of providing the Service, including physical characteristics, lifestyle actions, work/school performance, eating habits, sleeping habits, changes in weight, interpersonal relationships. “Client Data” also includes electronic and paper recordings of videoconferences or telephone conversations and any information that you post on the PediaSource-operated website or any PediaSource-affiliated electronic interface at any time before, during or after your receipt of Services.
“Confirmation Email” means any e-mail to you from PediaSource (i) providing instruction on the Services, (ii) confirming your Plan selection, participation in the Service, and/or purchase of Services, and (iii) setting forth any specific terms, conditions, or requirements for a particular Service or Plan.
“Documentation” means, collectively, all retrievable Client Data, client guides, protocols, Plan, Confirmation Email, and other reference materials generally furnished by PediaSource with respect to the Service, whether in printed or electronic format, as may be updated by PediaSource from time to time.
“Expert Advisor” means an independent contractor or employee of PediaSource who has been engaged or assigned by PediaSource to consult with and make recommendations to PediaSource’s clients as part of the Service.
“Plan” means one or more packages of a defined set of services comprising the Service, which are offered to a client in exchange for the Services Fee.
“Proprietary Information” means all non-public business or technical information or materials disclosed to you by PediaSource or any Expert Advisor, including the Documentation, any method of carrying out or delivering the Service, and any pricing or commercial terms related to the Service, including the price you have paid for the Plan and Service.
“Service” means PediaSource’s internet-based on-line or telephone-based educational and informational sessions with an Expert Advisor, which is delivered in one or more Plans.
“Services” specifically exclude any engagement or interaction that would require the Expert Advisor to have a license, certificate, or other authorization from a governmental or accreditation body.
“Services Fee” means, as set forth in the Plan and/or any Confirmation Email, the charge to you for Services provided by PediaSource. In some cases, all or a portion of the Services Fee may be billed to or paid by an employer.
“Session” means a period of Service between you and Expert Advisor in accordance with the terms of a Plan.
“Site” means the PediaSource-operated website through which the Service is made available to you.
“Subsidiary” means any entity controlling, controlled by, or under common control of PediaSource.
- Use of the Service.
- Subject to the terms and conditions of this Agreement, and during the term of this Agreement, PediaSource grants you a non-exclusive and non-transferable right to access and use the Service in accordance with the terms of this Agreement, a specific Plan, and any Documentation made available to you by PediaSource. The Service has been designed by PediaSource with the goal of assisting people to understand and navigate the information, resources and services available to support the development of a child. You agree that, in order to increase the probability of success in your efforts to achieve a better understanding of pediatric issues, you must at a minimum: (a) provide candid and accurate information to the Expert Advisor, to the best of your ability; (b) attend and complete all Sessions with your Expert Advisors. EVEN IF YOU CARRY OUT THE FOREGOING REQUIREMENTS, YOU UNDERSTAND AND AGREE THAT INDIVIDUAL RESULTS VARY, AND THAT PEDIASOURCE DOES NOT GUARANTEE A SPECIFIC OUTCOME. You also understand and agree that we may, but we are not obligated to, modify the Service, Plan, and the Documentation for a variety of reasons, including for consistency with the most recent scientific research.
- Expert Advisors. As part of the Plan and Service, PediaSource will provide you with individual or group access to Expert Advisors, who will consult with you by videoconference or telephone. You agree to attend all Sessions with your Expert Advisors in good faith solely with respect to the Service, and you will not seek consultation from your Expert Advisors for any other purpose. If you need to reschedule an individual appointment with an Expert Advisor, you agree to do so at least 24 hours in advance, or the Session will be debited from your pre-paid account or charged to the account used to pay for your Plan. In addition, if you miss a scheduled individual appointment, the session will be debited from your pre-paid account or charged to the account used to pay for your Plan. You agree to attend your Sessions with Expert Advisors alone or in the company of your minor child, as determined appropriate by the Expert Advisor, with no observers, and you will not record any such Session in any way. You also understand that the Sessions are not intended to establish a professional-client relationship and agree that PediaSource may replace any Expert Advisor assigned to your Session at any time, with no advanced notice.
- Not a Medical Service. PEDIASOURCE IS NOT A MEDICAL ORGANIZATION OR OTHER LICENSED PROFESSIONAL SERVICE. YOU SHOULD NOT CONSIDER THE SERVICE OR THE DOCUMENTATION AS MEDICAL ADVICE OF ANY KIND, AND THE SERVICE IS NOT INTENDED TO EVALUATE, DIAGNOSE, OR TREAT ANY ILLNESS, DISEASE, OR ADVERSE MEDICAL OR HEALTH CONDITION. PediaSource is not a licensed medical care provider, and we have no expertise in diagnosing, examining, or treating medical or psychological conditions of any kind, or in determining the effect of any specific exercise on a medical or health condition. Although PediaSource Expert Advisors may hold a license or certificate as a health care professional, PediaSource restricts the Expert Advisors from engaging in any Services or other actions that require a license, certificate or other authorization from a government or accreditation body. In addition, to better ensure the unbiased integrity of the Service, PediaSource restricts the Expert Advisor from attempting or establishing a professional-client relationship with any client outside of PediaSource. You are encouraged to seek the advice of a physician or other licensed professional as you determine to be appropriate before, during and after your engagement with PediaSource.
By using the Service, you represent that (i) you are an adult, and (ii) you have the legal authority to discuss or present information, including biometric data, on a minor child during a Session, and (iii) you will not seek to establish a relationship with the Expert Advisor outside of PediaSource. The Service is not intended for use by minors. If you or your minor child are currently under the care of a health care professional or are living with a health care condition, you represent that you have the express authority to receive the Service before beginning. Never disregard professional medical advice or delay in seeking it because of something you have been told by PediaSource staff or any Expert Advisor.
- You may not: (a) license, sell, transfer, distribute, or otherwise commercially exploit or make available to any third party, access to the Service or any of the Documentation; (b) modify or make derivative works based on the Documentation or the Site; (c) use any robot, spider, or other automatic device or manual process to monitor or access the Site, record any interaction with an Expert Advisor, or in any way duplicate the Documentation; (d) copy any content, features, functions, or graphics of the Documentation or the Site other than in connection with your own personal use of the Service; (e) use the Site or the Service in a manner intended to abuse or violate the privacy or property rights of others; (f) tamper with or knowingly take any other action that may negatively affect the use of the Service or Documentation, or the functionality of the Site; (g) reverse engineer, disassemble, or decompile the Site; or (h) use the Service, Site, or Documentation, to build a competitive website or service, or to build a product or service using similar ideas, features, or functions.
- You Assume All Risk In Using the Service.
PediaSource’s Service is designed to inform and educate clients and is tailored and limited based on the information provided by the clients and may not be suitable for everyone. You understand and agree that when participating in a Session, there is the possibility of misunderstanding or misinformation. As such, YOU AGREE TO USE YOUR OWN JUDGMENT AT ALL TIMES DURING YOUR USE OF THE SERVICE IN ORDER TO DETERMINE IF ANY RECOMMENDATION IS SUITABLE FOR YOU.
PediaSource will not be responsible for any health problems or injuries that you may experience as a result of receiving the Services, including any harm or injury that may result from implementation of any recommendations that you learn about through the Service. YOU HEREBY AGREE THAT YOUR USE OF THE SERVICE, INCLUDING YOUR USE OF ANY RECOMMENDATIONS BY PEDIASOURCE OR ANY EXPERT ADVISOR, IS AT YOUR OWN RISK AND THAT YOU ARE VOLUNTARILY PARTICIPATING IN THE SESSIONS, EVEN IF ANY ASPECT OF THE SITE OR DOCUMENTATION IS INACCURATE, INCOMPLETE, OR INAPPROPRIATE IN THE MANNER IT WAS PRESENTED.
- Term and Termination.
- Unless otherwise specified in the Plan and/or a Confirmation Email, the term of this Agreement will begin on the Acceptance Date and will continue for the term specified in the Confirmation Email or the conclusion of the Plan.
- Termination by Client. Client may terminate the Plan at any time.
- Effect of Termination. Upon the termination of this Agreement, you agree to delete all copies of any Documentation in your possession or control.
- Sections 2.3, 2.5, 3, 4.4, and 5 through 9 will survive the termination or expiration of this Agreement.
- Services Fee. Your Services Fee, as set forth on the payment page of the Plan, is presented to you during the registration process and in the Plan and/or a Confirmation Email. Unless otherwise specified in the Plan and/or a Confirmation Email, you are responsible for the full Services Fee from the Acceptance Date, even if you stop using the Service before the end of the Plan or Session.
- Termination Fee. Unless otherwise specified in the Plan and/or a Confirmation Email, if you terminate your participation in any Plan at any time prior to 24 hours before your Session, then you will receive a full refund of any payment made for a Plan. If you terminate your Participation within 24 hours of your Session, PediaSource reserves the right to charge a termination fee to cover the cost of any administrative expenses (including legal cost). The termination fee will be charged directly to the credit card provided to PediaSource in the registration process or other credit card provided at the time of termination.
- No Show/Cancellation Fee. Unless otherwise specified in the Plan and/or a Confirmation Email, if you cancel or reschedule your participation in any Session at any time prior to 24 hours before your Session, then you will not be charged a fee. If you no-show, cancel, or reschedule your Session within 24 hours of your Session, PediaSource reserves the right to charge a no show/cancellation fee to cover the cost of any administrative expenses (including legal cost). The no show/cancellation fee will be charged directly to the credit card provided to PediaSource in the registration process or other credit card provided at the time of cancellation.
- Any promotion offered has no independent cash value and may not be combined with any other offers.
- You will be responsible for all taxes of whatever kind or nature imposed by any governmental authority upon any services provided to you hereunder, excluding taxes based upon PediaSource’s income or property.
- Proprietary Rights.
- Reservation of Rights by PediaSource. PediaSource is the owner or licensor of all right, title, and interest in the Service, Site, and Documentation, including all related intellectual property and other proprietary rights therein. No rights in these items are granted to you except as expressly set forth in this Agreement. You acknowledge and agree that the Service, Site, and Documentation, and any technology, written materials, and logos used in connection with these items, contain PediaSource’s and its licensors’ intellectual property and other proprietary information, and are protected by United States and international intellectual property laws. Your infringement or misappropriation of such intellectual property and other proprietary information could expose you to both civil and criminal penalties under applicable laws.
- License to Client Data. You hereby grant, and represent and warrant that you have the right to grant, PediaSource a royalty-free, worldwide, transferable, sub-licensable, irrevocable, and perpetual right and license to publicly perform, publicly display, reformat, translate, excerpt, distribute, create derivative works from, rearrange, store, copy, and use Client Data in order to (a) provide the Service to you, (b) analyze and improve the Service, Site, or Documentation, (c) conduct research on the efficacy of the Service, Site, and Documentation, and (d) promote, market, or advertise the Service or Site. You further grant PediaSource permission to publish de-identified Client Data (i.e., Client Data that is made anonymous by removing your name and other identifiers that could foreseeably be used to identify you) as part of research studies, academic papers, and scholarly articles based any such research.
- You hereby grant, and represent and warrant that you have the right to grant, PediaSource a royalty-free, worldwide, transferable, sub-licensable, irrevocable, and perpetual right and license to use, copy, publicly perform, publicly display, reformat, translate, excerpt, distribute, create derivative works from, rearrange, or incorporate into the Service, Site, and Documentation any ideas, suggestions, enhancement requests, recommendations or other feedback that you provide to us.
- Your Rights and Obligations. You may not, without PediaSource’s prior written consent (a) use the Proprietary Information except in conjunction with your use of the Service, or (b) disclose any of the Proprietary Information to any other person. As specified in the Plan and/or any Confirmation Email, your participation in certain Plans may permit or require you to disclose your Client Data to other Plan participants and/or to your employer. If you chose to participate in these Plans and to make your Client Data available, other Plan participants and/or your employer will not be under a duty of confidentiality with respect to such information.
- No Warranties; Limitation of Liability; Indemnification.
- Disclaimer of Warranties. THE SERVICE, SITE, AND DOCUMENTATION, ARE PROVIDED BY PEDIASOURCE STRICTLY ON AN “AS IS”, WITH ALL FAULTS, AND “AS AVAILABLE” BASIS. PEDIASOURCE DOES NOT REPRESENT OR WARRANT THAT THE SERVICE OR ACCESS TO THE SITE WILL BE UNINTERRUPTED OR ERROR-FREE. PEDIASOURCE MAKES NO REPRESENTATIONS OR WARRANTIES OF ANY KIND, AND HEREBY DISCLAIMS ANY IMPLIED WARRANTIES, INCLUDING ANY WARRANTIES OF MERCHANTABILITY, NON-INFRINGEMENT, OR FITNESS FOR A PARTICULAR PURPOSE.
- Limitation of Liability. THE CUMULATIVE AGGREGATE LIABILITY OF PEDIASOURCE, ITS SUBSIDIARIES, AND THEIR OFFICERS, DIRECTORS, STOCKHOLDERS, MANAGERS, MEMBERS, AGENTS, AND REPRESENTATIVES (INCLUDING THE EXPERT ADVISORS), ARISING OUT OF OR RELATING TO THIS AGREEMENT OR YOUR USE OF THE SERVICE WILL BE LIMITED TO THE FEES PAID BY YOU HEREUNDER FOR THE PLAN IMMEDIATELY PRECEDING THE EVENT GIVING RISE TO THE LIABILITY. NOTWITHSTANDING THE FOREGOING, UNDER NO CIRCUMSTANCES WILL PEDIASOURCE, ITS SUBSIDIARIES, OR THEIR RESPECTIVE OFFICERS, DIRECTORS, STOCKHOLDERS, MANAGERS, MEMBERS, AGENTS, AND REPRESENTATIVES (INCLUDING THE EXPERT ADVISORS), HAVE ANY LIABILITY FOR ANY INCIDENTAL, INDIRECT, EXEMPLARY, PUNITIVE, CONSEQUENTIAL, OR SPECIAL DAMAGES INCURRED BY YOU (INCLUDING DAMAGES FOR LOST BUSINESS, LOST PROFITS, OR LOST WAGES), REGARDLESS OF HOW SUCH DAMAGES ARISE AND REGARDLESS OF WHETHER OR NOT PEDIASOURCE WAS ADVISED SUCH DAMAGES MIGHT ARISE. YOU EXPRESSLY AGREE THAT THE LIMITATIONS AND EXCLUSIONS SET FORTH IN THIS SECTION CONSTITUTE AN ESSENTIAL BASIS OF THE BARGAIN BETWEEN YOU AND PEDIASOURCE.
- You agree to defend and indemnify PediaSource, its Subsidiaries, and their officers, directors, stockholders, managers, members, agents, and representatives (including the Expert Advisors) against any claim, demand, action, lawsuit, and liability (including reasonable attorneys’ and experts’ fees) arising out of, or alleged to result from, your use of the Service or your breach of this Agreement.
- PediaSource may subcontract some or all of its obligations under this Agreement, without providing any prior notice to you.
- No Third Party Beneficiaries. Nothing in this Agreement is intended to create any rights in, or confer any benefits upon, any person or entity other than you and PediaSource.
- You may not assign or transfer your rights or obligations under this Agreement to any other person or entity.
- Use of “Including”. Wherever the word “including” is used in this Agreement, it is not intended to limit the proposition preceding it, but is rather intended to mean “including but not limited to.”
- Force Majeure. Neither party will be responsible for delays or failure in performance (other than failures to make payments due under this Agreement) resulting from acts beyond the reasonable control of such party, including acts of God, strikes, lockouts, riots, acts of war, terrorism, epidemics, fire, communication line failures, power surges or failures, earthquakes or other disasters.
- Governing Law; Dispute Resolution. This Agreement will be governed by and interpreted in accordance with the laws of the State of Illinois, without regard to its principles regarding conflicts of law. The United Nation’s Convention on Contracts for the International Sale of Goods is expressly disclaimed. Except as expressly set forth below in this Section 9.8, all disputes arising out of or relating to this Agreement or your use of the Service will be determined exclusively by arbitration in Chicago, Illinois, before a single arbitrator. The arbitration will be administered by JAMS (www.jamsadr.com) in accordance with its Streamlined Arbitration Rules, and judgment on any award may be entered in and enforced by any court of competent jurisdiction. Notwithstanding the foregoing, you agree that PediaSource may file a lawsuit in a state or federal court situated in Chicago, Illinois if we seek any type of temporary or permanent injunction against you, or if we have a reasonable belief that you are infringing or misappropriating any of our intellectual property or other proprietary rights, and for the purpose of such lawsuit you hereby submit to the exclusive jurisdiction of state or federal courts situated in Chicago, Illinois.
- If any provision of this Agreement is adjudicated to be contrary to law, the provision will be modified and interpreted so as to best to accomplish the objectives of the original provision to the fullest extent permitted by law, and the remaining provisions of this Agreement will remain in effect.
- Manner of Giving Notice. All notices, permissions and approvals hereunder will be in writing and will be deemed to have been given upon: (a) personal delivery; (b) the second business day after mailing; (c) the second business day after sending by confirmed facsimile; or (d) the first business day after sending by email. PediaSource will send notices to the address you provide to PediaSource during your use of the Service. You agree to send notices to PediaSource to the following address: Attn: Chief Executive Officer, PediaSource, LLC at 222 W Merchandise Mart Plaza #1212, Chicago, IL 60654.
PLEASE READ THE FOLLOWING TERMS AND CONDITIONS CAREFULLY
PediaSource, LLC and its subsidiaries and affiliates (“PediaSource,” “we,” or “us”), require that all visitors to this website controlled by PediaSource, LLC (the “Site”) adhere to the following terms and conditions of use. By accessing and using the Site, you agree, on your own behalf and on behalf of any corporation or other legal entity that you represent or for which you access the Site (your “Company”), to be bound by and comply with the following terms and conditions of use (these “Terms”) and to comply with all applicable laws and regulations. If you do not agree to these Terms, you are not authorized to use the Site. BY ACCESSING AND USING THE SITE, YOU AGREE TO BE BOUND BY THESE TERMS.
- Changes To The Site
Your use of the Site constitutes your agreement to be bound by these Terms. We expressly reserve the right to make any changes that we deem appropriate from time to time to the Site or to any information, text, data, databases, graphics, images, sound recordings, audio and visual clips, logos, software, opportunities, features, services, and other materials within the Site (all such materials, and any compilation, collection, or arrangement thereof, the “Content”).
- Intellectual Property
You understand and agree that we own, or (where applicable) we have lawfully licensed from third parties, all right, title, and interest in and to the Site and all of the Content. You acknowledge and agree that the Content constitutes valuable proprietary information that is protected by applicable intellectual property and other proprietary rights, laws, and treaties of the United States and other countries, and that you acquire no ownership interest by accessing or using the Site or the Content. Such intellectual property and proprietary rights may include, but are not limited to, copyrights, trademarks and service marks, trade dress, and trade secrets, and all such rights are the property of PediaSource or its licensors and content providers.
- License To Access And Use
- You may access and use this Site only for your personal use (or, if accessing the Site on behalf of a Company, only your Company’s own internal use). Any other access to or use of the Site or the Content constitutes a violation of these Terms and may violate applicable copyright, trademark, or other laws. We make no representation that the Site or the Content is appropriate or available for use in locations other than the United States. If you choose to access the Site from locations other than in the United States, you do so at your own initiative, at your own risk, and are responsible for complying with applicable local laws.
- You may not access, use, or copy any portion of the Site or of the Content through the use of bots, spiders, scrapers, web crawlers, indexing agents, or other automated devices or mechanisms. You agree not to remove or modify any copyright notice or trademark legend, author attribution, or other notice placed on or contained within any of the Content. Except as expressly authorized by us in writing, in no event will you reproduce, redistribute, duplicate, copy, sell, resell, or exploit for any commercial purpose any portion of the Site or the Content or any access to or use of the Site or the Content.
- Restrictions On Access
- You represent and warrant that all information that you provide to us in connection with your access to and use of the Site is true, accurate, and complete to the best of your knowledge and belief. PediaSource reserves the right, in its sole discretion, to terminate your access to all or part of the Site, without notice or liability, for any reason, including, but not limited to: (a) the unauthorized use of any username or password; or (b) the breach of any agreement between you and PediaSource, including, without limitation, these Terms. Following any such termination of access, you will continue to be bound hereunder to the fullest extent applicable.
- Upon being notified that your access is terminated, you must destroy any materials you have obtained from the Site. You may not access the Site after your access is terminated without our written approval. After terminating your access, PediaSource shall retain all rights, including all intellectual property rights, proprietary rights, and licenses retained in these Terms, and the limitations upon your use and treatment of Content will remain in full force.
- User Conduct
In connection with your access and use of the Site and that of any person authorized by you to access and use the Site, you are responsible for complying with all applicable laws, regulations, and policies of all relevant jurisdictions, including all applicable local rules regarding online conduct. Specifically, in connection with your use of the Site, neither you nor the Company may cause or permit any person to do any of the following:
- use the Site or Content for any unlawful purpose;
- use the Site to post or transmit any material that contains any viruses, Trojan horses, worms, time bombs, cancelbots, malware, adware, or other computer programming routines that may damage, interfere with, surreptitiously intercept, or expropriate any system, data, or personal information;
- impose an unreasonably or disproportionately large load on the Site or otherwise interfere with or inhibit any other user of this Site from using or enjoying the Site;
- use the Site to post or transmit any unlawful, fraudulent, libelous, defamatory, obscene, pornographic, profane, threatening, abusive, hateful, offensive, harassing, or otherwise objectionable information of any kind;
- use the Site to post or transmit any information which is invasive of another’s privacy or publicity rights or that otherwise violates or infringes in any way upon the rights of others; or
- use the Site to post or transmit any advertisements, solicitations, chain letters, pyramid schemes, investment opportunities or schemes, or other unsolicited commercial communication.
- By disclosing or offering any information to us, including comments, computer files, documents, graphics, suggestions, ideas, or other information (each, a “Submission”), either through your use of the Site or otherwise, you authorize PediaSource to make such copies thereof as we deem necessary, including to facilitate the posting and storage of the Submission on the Site. By making a Submission, you automatically grant, and you represent and warrant that you have the right to grant, to PediaSource an irrevocable, perpetual, non-exclusive, transferable, fully paid, worldwide license (with the right to sublicense) to use, copy, publicly perform, publicly display, reformat, translate, excerpt (in whole or in part) and distribute such Submission for any purpose, commercial, advertising, or otherwise, on or in connection with the Site or the promotion thereof, to prepare derivative works of, or incorporate into other works, such Submission, and to grant and authorize sublicenses of the foregoing.
- By making a Submission, you represent that you have all requisite rights to, and are authorized to disclose, all of the information contained in the Submission. You are fully responsible for any Submission you make and for the legality, reliability, appropriateness, and originality thereof.
PediaSource takes such commercially reasonable measures as it deems appropriate to secure and protect information transmitted to and from the Site. Nevertheless, we cannot and do not guarantee that any such transmissions are or will be totally secure. You are responsible for maintaining the confidentiality of any information about you, including any username and any password used in connection with your use of the Site. PediaSource will not be liable for any loss or damage arising from the unauthorized use of your username or password.
- This Site may include hyperlinks to other websites which are not maintained by PediaSource. We are not responsible for the content of such external websites and we make no representations whatsoever concerning the content or accuracy of, opinions expressed in, or other links provided by such websites. The inclusion of any hyperlink to external websites does not imply endorsement by PediaSource of those websites or any products or services referred to therein. The terms of service and privacy policies applicable to external websites may be different from those applicable to our Site. If you decide to access any external website through a link within our Site, you do so entirely at your own risk, and PediaSource will have no liability for any loss or damage arising from your access or use of any external website. Because PediaSource is not responsible for the availability of these websites or their contents, you should direct any concerns regarding an external website to the administrator of that website. You agree that you will not bring suit or claim against us arising from or based upon any such use of external websites. Hyperlinks to other websites that are provided on the Site are not intended to imply that: (a) we are affiliated or associated with any external website; or (b) any linked site is authorized to use any of our trademarks, trade names, logos, or copyrights.
- Images of the PediaSource logo can only be used for linking purposes and can only be made with our express written permission. By linking to the Site, you agree that you will not misrepresent your relationship with us or present false or misleading impressions about us. No hyperlinks to the Site may be used in a manner that implies or suggests that PediaSource approves or endorses you, your website, or your goods and services. We will have no responsibility or liability for any content appearing on your website. No hyperlink may appear on any page on your website or within any context containing content or materials that may be interpreted as libelous, obscene, or criminal, or which infringes, otherwise violates, or advocates the infringement or other violation of, any third party rights.
- We reserve the right, at any time and in our sole discretion, to request that you remove from your website all hyperlinks or any particular hyperlink to the Site. We may at any time, in our sole discretion, with or without cause, withdraw the permission granted herein to use the PediaSource logo and your right to link to any pages on the Site. Upon our request, you agree to immediately remove all hyperlinks to the Site and to cease using the PediaSource logo for linking purposes. Thereafter, your posting of any future hyperlinks to the Site will require our express written permission.
- Use Of Trademarks
Except for the limited permission to use the PediaSource logo as set forth in these Terms, you may not, without our express written permission, use any PediaSource trademarks or service marks for any other purpose.
THE USE OF THIS SITE BY YOU AND YOUR COMPANY IS AT YOUR AND ITS SOLE RISK. ACCORDINGLY, THE SITE AND THE CONTENT ARE PROVIDED “AS IS” AND “AS AVAILABLE,” WITHOUT WARRANTIES OF ANY KIND, WHETHER EXPRESS OR IMPLIED, INCLUDING WITHOUT LIMITATION ANY IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE, AND NON-INFRINGEMENT, AND ALL SUCH WARRANTIES ARE EXPRESSLY DISCLAIMED AND EXCLUDED, TO THE FULLEST EXTENT PERMITTED BY LAW. SPECIFICALLY, PEDIASOURCE AND ITS AFFILIATES AND CONTENT-PROVIDERS DO NOT WARRANT THAT: (a) THE USE OF THIS SITE OR ANY THIRD PARTY WEBSITE WILL BE UNINTERRUPTED OR ERROR-FREE; (b) THAT THE USE OF THIS SITE OR ANY SUCH THIRD PARTY WEBSITE WILL ALLOW YOU TO OBTAIN ANY PARTICULAR RESULTS WHATSOEVER; (c) THE CONTENT OR ANY INFORMATION, SERVICE OR MERCHANDISE PROVIDED THROUGH THIS SITE OR ANY THIRD PARTY WEBSITE ARE OR WILL BE ACCURATE, CURRENT, COMPLETE, RELIABLE, OR OF ANY PARTICULAR VALUE OR QUALITY; (d) THAT ANY DEFECTS IN THE SITE OR IN THE CONTENT WILL BE CORRECTED; OR (e) THAT THE SITE AND THE CONTENT ARE FREE OF VIRUSES OR OTHER DISABLING DEVICES OR HARMFUL COMPONENTS.
- Limitation Of Liability
- In no event will PediaSource, its contractors, suppliers, content-providers, and other similar entities, and the shareholders, members, stockholders, officers, directors, employees, representatives, and agents of each of the foregoing (collectively, our “Contractors”), be liable to you, your Company, or any third party for any losses or damages, alleged under any legal theory, arising out of or in connection with: (a) your use of, or reliance on, the Site or the Content; (b) our performance of or failure to perform our obligations in connection with these Terms; (c) the defamatory, offensive, or illegal conduct of other users of the Site or of third parties; or (d) your purchase or use of any goods or services provided by third parties.
- Under no circumstances will PediaSource or our Contractors be liable to you, your Company, or any third party for any indirect, consequential, incidental, punitive, special, or similar damages or costs (including, but not limited to, lost profits or data, loss of goodwill, loss of or damage to property, loss of use, business interruption, and claims of third parties) arising out of or in connection with these Terms or the use of the Site or the Content, or the transmission of information to or from the Site over the Internet, even if we were advised, knew, or should have known of the possibility of such damages or costs. In a jurisdiction that does not allow the exclusion or limitation of liability for certain damages, the liability of PediaSource and the Contractors will be limited in accordance with these Terms to the extent permitted by law.
- Without limiting any of the foregoing, if PediaSource or any of the Contractors is found liable to you or to any third party as a result of any claims or other matters arising under or in connection with these Terms, the Site, or your use of the Site, the maximum liability for all such claims and other matters will not exceed $100 in any calendar year.
You agree to defend and indemnify PediaSource, and our shareholders, members, stockholders, officers, directors, employees, representatives, and agents, against all claims, demands, suits, or other proceedings, and all resulting loss, damage, liability, cost, and expense (including reasonable attorneys’ fees), made by any third party arising out of: (a) content, data, or information that you submit, post to, or transmit through the Site; (b) your access to and use of the Content, the Site, and other materials, products, and services available on or through the Site and PediaSource; (c) your violation of these Terms; (d) your violation of any rights of any third party; (e) your website; and (f) any unauthorized use of a username, password, or account number. We reserve, and you grant to us, the right to assume the exclusive defense and control of any matter subject to indemnification by you.
These Terms will be construed and enforced in accordance with the laws of the State of Illinois. Each of you and your Company submits to personal jurisdiction in Illinois, and any cause of action arising under these Terms or otherwise involving this Site will be brought exclusively in a court in Cook County, Illinois.
- Waiver Of Jury Trial
YOU HEREBY KNOWINGLY AND VOLUNTARILY WAIVE THE RIGHT TO A JURY TRIAL IN ANY ACTIONS, SUITS, OR PROCEEDINGS ARISING OUT OF OR RELATING TO THESE TERMS AND THE MATTERS CONTEMPLATED HEREBY.
- If you believe that any Content on the Site violates or infringes a third party’s rights, please provide a written notice to us at the email address provided below.
- Our electronically or otherwise properly stored copy of these Terms will be deemed to be the true, complete, valid, authentic, and enforceable copy, and you agree that you will not contest the admissibility or enforceability of our copy of these Terms in connection with any action or proceeding arising out of or relating to these Terms.
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1. Notice of Privacy Practices
THIS NOTICE DESCRIBES HOW HEALTH INFORMATION MAY BE USED AND DISCLOSED AND HOW YOU CAN GET ACCESS TO THIS INFORMATION. PLEASE REVIEW IT CAREFULLY.
I.MY PLEDGE REGARDING HEALTH INFORMATION:
I understand that health information about you and your health care is personal. I am committed to protecting health information about you. I create a record of the care and services you receive from me. I need this record to provide you with quality care and to comply with certain legal requirements. This notice applies to all of the records of your care generated by this mental health care practice. This notice will tell you about the ways in which I may use and disclose health information about you. I also describe your rights to the health information I keep about you, and describe certain obligations I have regarding the use and disclosure of your health information. I am required by law to:
• Make sure that protected health information (“PHI”) that identifies you is kept private.
• Give you this notice of my legal duties and privacy practices with respect to health information.
• Follow the terms of the notice that is currently in eﬀect.
• I can change the terms of this Notice, and such changes will apply to all information I have about you. The new Notice will be available upon request, in my oﬃce, and on my website.
II.HOW I MAY USE AND DISCLOSE HEALTH INFORMATION ABOUT YOU:
The following categories describe diﬀerent ways that I use and disclose health information. For each category of uses or disclosures I will explain what I mean and try to give some examples. Not every use or disclosure in a category will be listed. However, all of the ways I am permitted to use and disclose information will fall within one of the categories.
For Treatment Payment, or Health Care Operations: Federal privacy rules and regulations allow health care providers who have direct treatment relationship with the client to use or disclose the client’s personal health information without the client’s written authorization, to carry out the health care provider’s own treatment, payment or health care operations. I may also disclose your protected health information for the treatment activities of any health care provider. This too can be done without your written authorization. For example, if a clinician were to consult with another licensed health care provider about your condition, we would be permitted to use and disclose your person health information, which is otherwise confidential, in order to assist the clinician in diagnosis and treatment of your mental health condition.
Disclosures for treatment purposes are not limited to the minimum necessary standard. Because therapists and other health care providers need access to the full record and/or full and complete information in order to provide quality care. The word “treatment” includes, among other things, the coordination and management of health care providers with a third party, consultations between health care providers and referrals of a patient for health care from one health care provider to another.
Lawsuits and Disputes: If you are involved in a lawsuit, I may disclose health information in response to a court or administrative order. I may also disclose health information about your child in response to a subpoena, discovery request, or other lawful process by someone else involved in the dispute, but only if eﬀorts have been made to tell you about the request or to obtain an order protecting the information requested.
III.CERTAIN USES AND DISCLOSURES REQUIRE YOUR AUTHORIZATION:
1. Psychotherapy Notes. I do keep “psychotherapy notes” as that term is defined in 45 CFR § 164.501, and any use or disclosure of such notes requires your Authorization unless the use or disclosure is:
a. For my use in treating you.
b. For my use in training or supervising mental health practitioners to help them improve their skills in group, joint, family, or individual counseling or therapy.
c. For my use in defending myself in legal proceedings instituted by you.
d. For use by the Secretary of Health and Human Services to investigate my compliance with HIPAA. e. Required by law and the use or disclosure is limited to the requirements of such law.
f. Required by law for certain health oversight activities pertaining to the originator of the psychotherapy notes. g. Required by a coroner who is performing duties authorized by law.
h. Required to help avert a serious threat to the health and safety of others.
2. Marketing Purposes. As a psychotherapist, I will not use or disclose your PHI for marketing purposes.
3. Sale of PHI. As a psychotherapist, I will not sell your PHI in the regular course of my business.
IV. CERTAIN USES AND DISCLOSURES DO NOT REQUIRE YOUR AUTHORIZATION.
Subject to certain limitations in the law, I can use and disclose your PHI without your Authorization for the following reasons:
1. When disclosure is required by state or federal law, and the use or disclosure complies with and is limited to the relevant requirements of such law.
2. For public health activities, including reporting suspected child, elder, or dependent adult abuse, or preventing or reducing a serious threat to anyone’s health or safety.
3. For health oversight activities, including audits and investigations.
4. For judicial and administrative proceedings, including responding to a court or administrative order, although my preference is to obtain an Authorization from you before doing so.
5. For law enforcement purposes, including reporting crimes occurring on my premises.
6. To coroners or medical examiners, when such individuals are performing duties authorized by law.
7. For research purposes, including studying and comparing the mental health of patients who received one form of therapy versus those who received another form of therapy for the same condition.
8. Specialized government functions, including, ensuring the proper execution of military missions; protecting the President of the United States; conducting intelligence or counter-intelligence operations; or, helping to ensure the safety of those working within or housed in correctional institutions.
9. For workers' compensation purposes. Although my preference is to obtain an Authorization from you, I may provide your PHI in order to comply with workers' compensation laws.
10. Appointment reminders and health related benefits or services. I may use and disclose your PHI to contact you to remind you that you have an appointment with me. I may also use and disclose your PHI to tell you about treatment alternatives, or other health care services or benefits that I oﬀer.
V.CERTAIN USES AND DISCLOSURES REQUIRE YOU TO HAVE THE OPPORTUNITY TO OBJECT.
1. Disclosures to family, friends, or others. I may provide your PHI to a family member, friend, or other person that you indicate is involved in your care or the payment for your health care, unless you object in whole or in part. The opportunity to consent may be obtained retroactively in emergency situations.
VI.YOU HAVE THE FOLLOWING RIGHTS WITH RESPECT TO YOUR PHI:
1. The Right to Request Limits on Uses and Disclosures of Your PHI. You have the right to ask me not to use or disclose
certain PHI for treatment, payment, or health care operations purposes. I am not required to agree to your request, and I may say “no” if I believe it would aﬀect your health care.
2. The Right to Request Restrictions for Out-of-Pocket Expenses Paid for In Full. You have the right to request restrictions on disclosures of your PHI to health plans for payment or health care operations purposes if the PHI pertains solely to a health care item or a health care service that you have paid for out-of-pocket in full.
3. The Right to Choose How I Send PHI to You. You have the right to ask me to contact you in a specific way (for example, home or oﬃce phone) or to send mail to a diﬀerent address, and I will agree to all reasonable requests.
4. The Right to See and Get Copies of Your PHI. Other than “psychotherapy notes,” you have the right to get an electronic or paper copy of your medical record and other information that I have about you. I will provide you with a copy of your record, or a summary of it, if you agree to receive a summary, within 30 days of receiving your written request, and I may charge a reasonable, cost based fee for doing so.
5. The Right to Get a List of the Disclosures I Have Made. You have the right to request a list of instances in which I have disclosed your PHI for purposes other than treatment, payment, or health care operations, or for which you provided me with an Authorization. I will respond to your request for an accounting of disclosures within 60 days of receiving your request. The list I will give you will include disclosures made in the last six years unless you request a shorter time. I will provide the list to you at no charge, but if you make more than one request in the same year, I will charge you a reasonable cost based fee for each additional request.
6. The Right to Correct or Update Your PHI. If you believe that there is a mistake in your PHI, or that a piece of important information is missing from your PHI, you have the right to request that I correct the existing information or add the missing information. I may say “no” to your request, but I will tell you why in writing within 60 days of receiving your request.
7. The Right to Get a Paper or Electronic Copy of this Notice. You have the right get a paper copy of this Notice, and you have the right to get a copy of this notice by e-mail. And, even if you have agreed to receive this Notice via e-mail, you also have the right to request a paper copy of it.
ACKNOWLEDGEMENT OF RECEIPT OF PRIVACY NOTICE
Under the Health Insurance Portability and Accountability Act of 1996 (HIPAA), you have certain rights regarding the use and disclosure of your protected health information. By signing this document, you are acknowledging that you have received a copy of HIPAA Notice of Privacy Practices
Informed Consent for Therapy
The therapeutic relationship is unique in that it is a highly personal and at the same time, a contractual agreement. Given this, it is important for us to reach a clear understanding about how our relationship will work, and what each of us can expect. This consent will provide a clear framework for our work together. Feel free to discuss any of this with me. Please read and indicate that you have reviewed this information and agree to it by filling in the checkbox at the end of this document.
The Therapeutic Process
You have taken a very positive step by deciding to seek therapy. The outcome of your treatment depends largely on your willingness to engage in this process, which may, at times, result in considerable discomfort. Remembering unpleasant events and becoming aware of feelings attached to those events can bring on strong feelings of anger, depression, anxiety, etc. There are no miracle cures. I cannot promise that your behavior or circumstance will change. I can promise to support you and do my very best to understand you and repeating patterns, as well as to help you clarify what it is that you want for yourself.
The session content and all relevant materials to the client’s treatment will be held confidential unless the client requests in writing to have all or portions of such content released to a specifically named person/persons. Limitations of such client held privilege of confidentiality exist and are itemized below:
1. If a client threatens or attempts to commit suicide or otherwise conducts him/her self in a manner in which there is a substantial risk of incurring serious bodily harm.
2. If a client threatens grave bodily harm or death to another person.
3. If the therapist has a reasonable suspicion that a client or other named victim is the perpetrator, observer of, or actual victim of physical, emotional or sexual abuse of children under the age of 18 years.
4. Suspicions as stated above in the case of an elderly person who may be subjected to these abuses.
5. Suspected neglect of the parties named in items #3 and # 4.
6. If a court of law issues a legitimate subpoena for information stated on the subpoena.
7. If a client is in therapy or being treated by order of a court of law, or if information is obtained for the purpose of rendering an expert’s report to an attorney.
Occasionally I may need to consult with other professionals in their areas of expertise in order to provide the best treatment for you. Information about you may be shared in this context without using your name.
If we see each other accidentally outside of the therapy oﬃce, I will not acknowledge you first. Your right to privacy and confidentiality is of the utmost importance to me, and I do not wish to jeopardize your privacy. However, if you acknowledge me first, I will be more than happy to speak briefly with you, but feel it appropriate not to engage in any lengthy discussions in public or outside of the therapy oﬃce.