Last Updated: June 22, 2020
These Terms of Service (“Terms”) apply when you access or use the websites (collectively, “Site”) of Terri Lechnyr, Ph.D., LCSW, PLLC (“we”, “us”, or “our”), our mobile applications, and the services, content and materials made available via the Site or mobile applications (collectively, “Services”). These Terms do not alter in any way the terms or conditions of any other agreement you may have with us for products, services or otherwise.
Terri Lechnyr is a Licensed Clinical Social Worker in Arizona (#17414), Oregon (#L3333), and Tennessee (#6510), and a Licensed Psychologist in Oregon (#2057), and Washington (#PY60394738).
NOTE: THESE TERMS DO NOT ADDRESS ANY SERVICES AVAILABLE AS PART OF A CLIENT-THERAPIST RELATIONSHIP. IF YOU ARE A CLIENT ENGAGED IN A CLIENT-THERAPIST RELATIONSHIP WITH US, A SEPARATE CLIENT AGREEMENT AND CONSENT TO TREATMENT WILL BE MADE AVAILABLE FOR YOUR REVIEW AND SIGNATURE PRIOR TO SERVICES BEING RENDERED.
BY ACCESSING OR USING OUR SERVICES, YOU AGREE TO BE BOUND BY THESE TERMS OF SERVICE AND ALL TERMS INCORPORATED HEREIN BY REFERENCE. IF YOU DO NOT AGREE TO ALL OF THESE TERMS, DO NOT ACCESS OR USE OUR SERVICES.
We reserve the right to change or modify these Terms at any time and in our sole discretion. If we make changes to these Terms, we will provide notice of such changes, such as by sending you an email notification, providing notice through the Services or updating the “Last Updated” date at the top of these Terms. Your continued use of the Services following our notice of the amended Terms will confirm your acceptance of the amended Terms. If you do not agree to the amended Terms, you may not continue accessing or using the Services.
WE DO NOT REPRESENT OR WARRANT THAT (A) THE SERVICES ARE ACCURATE, COMPLETE, RELIABLE, CURRENT OR ERROR-FREE, OR (B) THE SERVICES OR OUR SERVER(S) ARE FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS. YOU SHOULD USE INDUSTRY-RECOGNIZED SOFTWARE TO DETECT AND DISINFECT VIRUSES FROM ANY DOWNLOAD FROM THE SERVICES
EXCEPT AS EXPRESSLY PROVIDED TO THE CONTRARY IN A WRITING BY US, THE SERVICES ARE PROVIDED ON AN “AS IS” BASIS WITHOUT WARRANTIES OF ANY KIND, AND, TO THE FULLEST EXTENT PERMITTED BY APPLICABLE LAW, WE DISCLAIM ALL STATUTORY AND IMPLIED WARRANTIES, INCLUDING, WITHOUT LIMITATION, IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE AND NON-INFRINGEMENT.
You agree to defend, indemnify and hold us harmless, as well as our independent contractors, service providers and consultants, and our and their respective directors, officers, employees and agents (collectively, the “Company Parties”) from and against any claims, damages, costs, liabilities and expenses (including, but not limited to, reasonable attorneys’ fees).
Limitation of Liability
TO THE FULLEST EXTENT PERMITTED BY APPLICABLE LAW: (A) IN NO EVENT SHALL THE COMPANY PARTIES BE LIABLE FOR ANY SPECIAL, INDIRECT OR CONSEQUENTIAL DAMAGES, INCLUDING BUT NOT LIMITED TO LOSS OF USE, LOSS OF PROFITS OR LOSS OF DATA, WHETHER IN AN ACTION IN CONTRACT, TORT (INCLUDING AS A RESULT OF OUR NEGLIGENCE) OR OTHERWISE, ARISING OUT OF OR IN ANY WAY CONNECTED WITH THESE TERMS OR THE USE OF OR INABILITY TO USE THE SERVICES; AND (B) IN NO EVENT SHALL THE AGGREGATE LIABILITY OF THE COMPANY PARTIES, WHETHER IN CONTRACT, WARRANTY, TORT (INCLUDING AS A RESULT OF OUR ALLEGED NEGLIGENCE), PRODUCT LIABILITY, STRICT LIABILITY OR OTHER THEORY, ARISING OUT OF OR RELATING TO THESE TERMS OR THE USE OF OR INABILITY TO USE THE SERVICES EXCEED ANY COMPENSATION YOU PAY, IF ANY, TO US FOR ACCESS TO OR USE OF THE SERVICES.
YOU ACKNOWLEDGE AND AGREE THAT WE HAVE OFFERED THE SERVICES, SET ITS PRICES, AND ENTERED INTO THESE TERMS IN RELIANCE UPON THE WARRANTY DISCLAIMERS AND THE LIMITATIONS OF LIABILITY SET FORTH IN THESE TERMS, AND THAT THE WARRANTY DISCLAIMERS AND THE LIMITATIONS OF LIABILITY SET FORTH HEREIN FORM AN ESSENTIAL BASIS OF THE BARGAIN BETWEEN YOU AND US. WE WOULD NOT BE ABLE TO PROVIDE THE SERVICES ON AN ECONOMICALLY REASONABLE BASIS WITHOUT THESE LIMITATIONS.
You consent to receive unencrypted e-mail (“Electronic Communications”) from us and you agree that all agreements, notices, disclosures and other communications that we provide to you electronically, via email and on the Site, satisfy any legal requirement that such communications be in writing. This means we may transmit individually identifiable information about you, to you, via Electronic Communications.
There are risks inherent in the electronic transmission of information by unencrypted e-mail, on the internet, via text message, or otherwise, and that such communications may be lost, delayed, intercepted, corrupted or otherwise altered, rendered incomplete or fail to be delivered. Any individually identifiable information transmitted via Electronic Communications pursuant to this authorization will not be encrypted. As the electronic transmission of information cannot be guaranteed to be secure or error-free and its confidentiality may be vulnerable to access by unauthorized third parties, we shall not have any responsibility or liability with respect to any error, omission, claim or loss arising from or in connection with the Electronic Communication of information by us to you.
If you use this Site, you are responsible for maintaining the confidentiality of your account and password and for restricting access to your computer, and you agree to accept responsibility for all activities that occur under your account or password. You may not assign or otherwise transfer your account to any other person or entity. You acknowledge that we are not responsible for third party access to your account that results from theft or misappropriation of your account. We reserve the right to refuse or cancel service, terminate accounts, or remove or edit content at our sole discretion.
If you have a subscription to a non-therapy service that we offer, you may cancel your subscription at any time. Any cancellations made after 60 days of service will not qualify for a refund.
Credit Card Authorization
Upon providing your card information when making a purchase, you consent and authorize us to make regularly scheduled charges to your card, whether that be a credit, debit, HSA or FSA card, the cost of our services as required by our Informed Consent or the specific product purchase page. Fees for our services are stipulated in the Informed Consent or on the specific product page, and outline the agreed amounts. If being seen for therapy, your signed Informed Consent is thereby incorporated by reference and attached to these payor terms.
Upon providing your card information you further understand that this authorization of us to charge your card will remain in effect until you cancel this authorization in writing and you further agree to notify us of such cancellation at least 48 hours before your next scheduled date of our services.
Upon providing your card information you consent to have your card kept on file with us as an eligible payment method for you.
Upon a charge by us, you agree to pay the charged total amount according to card issuer agreement.
You certify that you are an authorized user of the card you have provided and will not dispute the charges made by us according to these payor terms with your bank or credit card company, so long as the transactions correspond to these payor terms to which you consent and understand you have authorized by providing your card information.
You understand that we do not need any additional consent by you, the user, whether you are the user of the Services or the responsible payor to the user of our Services, to make a charge to your card information as provided. For purpose of clarity, you agree that no prior-notification of charges will be provided.
You understand that our Informed Consent includes late cancellation fees and no-show fees and that we do not require any additional consent by you, the user, to make a charge to your card information as provided.
Unless you notify us at least 48 hours before a charge that you want to cancel, you understand and authorize us to make charges and (without notice to you, unless required by applicable law) to collect the then-applicable fee, per our request and any taxes, using the card information provided, or any eligible payment method we have on record for you.
You understand that providing your card information above indicates that you are aware that you will receive email and/or text messages from us and/or the our payment system and you consent to receiving emails and text messages from us and our payment system. You understand that in order to facilitate billing to the card information provided above, we and/or our payment system will send you emails and/or text messages such as charge confirmation, refund confirmation, reminders to add a card or update a card, and any other necessary emails and/or text messages in order to facilitate billing to the card information as provided above. You understand that email and text messages are unsecured means of communication, and have been informed that any of your replies to text messages or email messages from us and our payment system that contain patient health information provided by you cannot be secured by us. You understand that text messages you receive from us and our payment system may not be free, depending on the plan you have in place with your cell phone company. You understand that you, not us, are solely responsible for any fees associated with receiving text messages.
Children under Thirteen
We do not knowingly collect, either online or offline, personal information from persons under the age of thirteen. If you are under 18, you may use the Site only with permission of a parent or guardian.
Links to Third Party Sites/Services
The Site may contain links to other websites (“Linked Sites”). The Linked Sites are not under our control and we are not responsible for the contents of any Linked Site, including without limitation any link contained in a Linked Site, or any changes or updates to a Linked Site. We are providing these links to you only as a convenience, and the inclusion of any link does not imply endorsement by us of the site or any association with its operators.
Certain services made available via the Site are delivered by third party sites and organizations. By using any product, service, or functionality originating from the Site, you hereby acknowledge and consent that we may share such information and data with any third party with whom we has a contractual relationship to provide the requested product, service or functionality on behalf of the Site’s users and customers.
No Unlawful or Prohibited Use; Intellectual Property
All content included as part of the Service, such as text, graphics, logos, images, as well as the compilation thereof, and any software used on the Site, is our exclusive property and is protected by copyright and other laws that protect intellectual property and proprietary rights. You agree to observe and abide by all copyright and other proprietary notices, legends, or other restrictions contained in any such content and will not make any changes thereto.
You will not modify, publish, transmit, reverse engineer, participate in the transfer or sale, create derivative works, or in any way exploit any of the content, in whole or in part, found on the Site. Our content is not for resale. Your use of the Site does not entitle you to make any unauthorized use of any protected content, and in particular you will not delete or alter any proprietary rights or attribution notices in any content. You will use protected content solely for your personal use, and will make no other use of the content without our express written permission and the copyright owner. You agree that you do not acquire any ownership rights in any protected content. We do not grant you any licenses, express or implied, to our intellectual property except as expressly authorized by these Terms.
Use of Communication Services
The Site may contain bulletin board services, chat areas, news groups, forums, communities, personal web pages, calendars, and/or other message or communication facilities designed to enable you to communicate with the public at large or with a group (collectively, “Communication Services”). You agree to use the Communication Services only to post, send and receive messages and material that are proper and related to the particular Communication Service.
By way of example, and not as a limitation, you agree that when using a Communication Service, you will not: defame, abuse, harass, stalk, threaten or otherwise violate the legal rights (such as rights of privacy and publicity) of others; publish, post, upload, distribute or disseminate any inappropriate, profane, defamatory, infringing, obscene, indecent or unlawful topic, name, material or information; upload files that contain software or other material protected by intellectual property laws ( or by rights of privacy of publicity) unless you own or control the rights thereto or have received all necessary consents; upload files that contain viruses, corrupted files, or any other similar software or programs that may damage the operation of another’s computer; advertise or offer to sell or buy any goods or services for any business purpose, unless such Communication Service specifically allows such messages; conduct or forward surveys, contests, pyramid schemes or chain letters; download any file posted by another user of a Communication Service that you know, or reasonably should know, cannot be legally distributed in such manner; falsify or delete any author attributions, legal or other proper notices or proprietary designations or labels of the origin or source of software or other material contained in a file that is uploaded; restrict or inhibit any other user from using and enjoying the Communication Services; violate any code of conduct or other guidelines which may be applicable for any particular Communication Service; harvest or otherwise collect information about others, including e-mail addresses, without their consent; violate any applicable laws or regulations.
We have no obligation to monitor the Communication Services. However, we reserve the right to review materials posted to a Communication Service and to remove any materials in its sole discretion. We reserves the right to terminate your access to any or all of the Communication Services at any time without notice for any reason whatsoever.
We reserve the right at all times to disclose any information as necessary to satisfy any applicable law, regulation, legal process or governmental request, or to edit, refuse to post or to remove any information or materials, in whole or in part, in our sole discretion.
Always use caution when giving out any personally identifying information about yourself or your children in any Communication Service.
We do not control or endorse the content, messages or information found in any Communication Service and, therefore, we specifically disclaim any liability with regard to the Communication Services and any actions resulting from your participation in any Communication Service.
Materials uploaded to a Communication Service may be subject to posted limitations on usage, reproduction and/or dissemination. You are responsible for adhering to such limitations if you upload the materials.
You acknowledge and agree that any questions, comments, suggestions, ideas, feedback or other information about the Site or the Services (“Submissions”) provided by you to us are non-confidential and we shall be entitled to the unrestricted use and dissemination of these Submissions for any purpose, commercial or otherwise, without acknowledgment or compensation to you.
By posting, uploading, inputting, providing or submitting your Submissions you warrant and represent that you own or otherwise control all of the rights to your Submissions as described in this section including, without limitation, all the rights necessary for you to provide, post, upload, input or submit the Submissions.
Disclaimer of Warranties as to Use Outside of the United States
We are a United States-based service. We make no representation that any aspect of the Services is appropriate or available for use outside of the United States or may be used for persons who are not citizens of the United States or residents of other countries. Those who access the Services from other locations are responsible for compliance with applicable local laws. The Services are subject to applicable export laws and restrictions.
You agree that any dispute or claim arising out of or relating to the enforcement or interpretation of these Terms shall be resolved exclusively through final and binding arbitration, rather than in court. Such arbitration shall be before a single arbitrator pursuant to the Oregon Uniform Arbitration Act, taking place in Lane County, Oregon.
Class Action Waiver
Any proceedings to resolve or litigate any dispute will be conducted solely on an individual basis, and you shall not seek to have any dispute heard as a class action, a representative action, a collective action, a private attorney-general action or in any proceeding in which you act or proposes to act in a representative capacity. You further agree that no arbitration or proceeding will be joined, consolidated or combined with another arbitration or proceeding.
Termination/ Access Restriction
We reserve the right, in our sole discretion, to terminate your access to the Site and the related services or any portion thereof at any time, without notice. To the maximum extent permitted by law, this agreement is governed by the laws of Lane County in the State of Oregon and you hereby consent to the exclusive jurisdiction and venue of courts in Oregon in all disputes arising out of or relating to the use of the Site. Use of the Site is unauthorized in any jurisdiction that does not give effect to all provisions of these Terms, including, without limitation, this section.
You agree that no joint venture, partnership, employment, or agency relationship exists between you and us as a result of this agreement or use of the Site. Our performance of this agreement is subject to existing laws and legal process, and nothing contained in this agreement is in derogation of our right to comply with governmental, court and law enforcement requests or requirements relating to your use of the Site or information provided to or gathered by us with respect to such use. If any part of this agreement is determined to be invalid or unenforceable pursuant to applicable law including, but not limited to, the warranty disclaimers and liability limitations set forth above, then the invalid or unenforceable provision will be deemed superseded by a valid, enforceable provision that most closely matches the intent of the original provision and the remainder of the agreement shall continue in effect.
Unless otherwise specified herein, this agreement constitutes the entire agreement between you and us with respect to the Site. A printed version of this agreement and of any notice given in electronic form shall be admissible in judicial or administrative proceedings based upon or relating to this agreement to the same extent and subject to the same conditions as other business documents and records originally generated and maintained in printed form. It is the express wish to the parties that this agreement and all related documents be written in English.
We occasionally partner as an affiliate with other businesses. For example, we are a participant in the Amazon Services LLC Associates Program, an affiliate advertising program designed to provide a means for sites to earn advertising fees by advertising and linking to Amazon properties including, but not limited to, amazon.com. This means that any time you click on a book or product link on the Site, and should you then choose to purchase that item through the Amazon website, we will receive a very small percentage of that sale. Please understand that we do not market on behalf of Amazon or any other affiliate. We only share books, products, and resources that we support, use and believe in and we do not sell to clients or non-clients.
If you choose to purchase a product on the Site, or if you choose to purchase a product on another site where we provide the link, you agree to assume full responsibility for using the information on the Site, and you understand and agree that we are not responsible or liable for any claim, loss, or damage resulting from its use by you or any user. We cannot guarantee any results or outcomes if you choose to purchase any of the Services offered on this Site or through a site link we provide or an affiliate’s website or business. As with any business-related program, product, material, book or service that you purchase, your results may vary, and will be based on many variables, so therefore no guarantees can be made.
Your use of the the Services includes the ability to enter into agreements and/or to make transactions electronically. YOU ACKNOWLEDGE THAT YOUR ELECTRONIC SUBMISSIONS CONSTITUTE YOUR AGREEMENT AND INTENT TO BE BOUND BY AND TO PAY FOR SUCH AGREEMENTS AND TRANSACTIONS. YOUR AGREEMENT AND INTENT TO BE BOUND BY ELECTRONIC SUBMISSIONS APPLIES TO ALL RECORDS RELATING TO ALL TRANSACTIONS YOU ENTER INTO RELATING TO THE SERVICES, INCLUDING NOTICES OF CANCELLATION, POLICIES, CONTRACTS, AND APPLICATIONS. In order to access and retain your electronic records, you may be required to have certain hardware and software, which are your sole responsibility.
Governing Law; Forum
Any dispute between the parties regarding the subject matter of these Terms will be governed by these Terms and the laws of the State of Oregon and applicable United States law, without giving effect to any conflict of laws principles that may provide for the application of the law of another jurisdiction. You agree that any action at law or in equity arising out of or relating to any actual or threatened infringement, misappropriation or violation of a party’s copyrights, trademarks, trade secrets, patents or other intellectual property, or relating to these Terms shall be filed only in the state and federal courts located in Lane County, Oregon (except for small claims disputes, which may be filed in the jurisdiction in which you reside), and you hereby irrevocably and unconditionally consent and submit to the exclusive jurisdiction of such courts over any suit, action or proceeding arising out of these Terms.
We reserve the right, without advance notice and in its sole discretion, to terminate your license to use the Services, and to block or prevent your future access to and use of the Services.
If any provision of these Terms shall be deemed unlawful, void or for any reason unenforceable, then that provision shall be deemed severable from these Terms and shall not affect the validity and enforceability of any remaining provisions.
Changes to Terms
We reserve the right, in its sole discretion, to change the Terms under which the Site is offered. The most current version of the Terms will supersede all previous versions. We encourage you to periodically review the Terms to stay informed of our updates.