February 23, 2009
1. AGREEMENT BETWEEN USER AND INNER COURAGE. This is a binding agreement (“Agreement”) between Inner Courage LLC, a limited liability company (“INNER COURAGE”) and you, the user (“You” or “Your”). The EMDR THERAPIST NETWORK Web Site is offered to You conditioned on Your acceptance without modification of the terms, conditions, and notices contained herein. By accessing the EMDR THERAPIST NETWORK Web Site, You confirm Your acceptance of, and agree to be bound by, this Agreement and all such terms, conditions and notices. THIS WEB SITE IS OFFERED FOR INFORMATION PURPOSES ONLY, NOTHING IN IT SHALL BE INTERPRETED AS MEDICAL OR PSYCHOLOGICAL ADVICE, OR AS AN ENDORSEMENT OF OUR SPONSORS OR THOSE WHO LIST IN OUR DIRECTORY.
4. INNER COURAGE WEB SITE USAGE. As a condition of Your use of the EMDR THERAPIST NETWORK Web Site, You represent and warrant to INNER COURAGE that You will not use the EMDR THERAPIST NETWORK Web Site for any unlawful purpose or in any manner prohibited by this Agreement. In particular, you represent and warrant that You will comply with all laws and regulations that govern confidential or personally identifiable patient information, including without limitation gathering, transmitting, using, disclosing, or storing such patient information. You also agree to comply with the requirements detailed below in the Personally Identifiable Patient Information section of this Agreement.
You represent and warrant that You will not use the EMDR THERAPIST NETWORK Web Site in any manner which could damage, disable, overburden or impair the EMDR THERAPIST NETWORK Web Site or interfere with any other party’s use and enjoyment of the EMDR THERAPIST NETWORK Web Site.
The EMDR THERAPIST NETWORK “Members Only” portion of the EMDR THERAPIST NETWORK Web Site (“Members Only Site”) is intended only for access by professionals who pay for our directory listing and other services provided by INNER COURAGE (“Members”). All Member information You provide to INNER COURAGE and that You post on the EMDR THERAPIST NETWORK Web Site, including without limitation name, title, address, phone number, fax number, and email address, must be current, accurate and complete. If INNER COURAGE at any time discovers any error or omission in the information You provide, INNER COURAGE may in its sole discretion terminate the right to access and use the Members Only Site by any Member. You may not permit anyone other than Yourself to use Your EMDR THERAPIST NETWORK Member information to access any portions of the EMDR THERAPIST NETWORK Web Site which are restricted to Members only, and You are responsible for the acts or omissions by third parties who are under Your control for their use of the Members Only Site, and for any damages incurred by You as a result thereof.
The EMDR THERAPIST NETWORK Members Only Site may contain chat areas, forums, news groups, bulletin board services and other facilities (“INNER COURAGE Web Services”) that permit You to communicate with other Members of the EMDR THERAPIST NETWORK. You agree to use these INNER COURAGE Web Services only to post, send and receive messages and materials that are appropriate and related to the discipline or service. By way of example, and not as a limitation, You agree that when using INNER COURAGE Web Services, You will not:
- Violate any applicable laws or regulations;
- Upload information that contains material protected by intellectual property laws, including without limitation material protected by patent, copyright, trademark (such as INNER COURAGE’s logo), or trade secrets, or by rights of privacy of publicity unless You own or control the rights thereto or have received all necessary consents;
- Falsify or delete author attributions, legal or other proper notices or proprietary designations indicating the origin or source of information that is uploaded or downloaded from the EMDR THERAPIST NETWORK Web Site;
- Publish, post, upload, distribute or disseminate any inappropriate, profane, defamatory, infringing, obscene, indecent or unlawful topic, name, material or information. Inappropriate topics, names, material or information may include without limitation, personal, non-topic related, criticisms or attacks, confrontational speech such as “flaming” or all caps posts, jokes, resumes or personal material;
- Publish confidential or personally identifiable patient information in violation of the regulations detailed below in the Personally Identifiable Patient Information section of this Agreement, State or Federal law, codes of ethics, professional licensing requirements or any other professional obligations with respect to patient confidentiality or personally identifiable information, including without limitation protocols for patient information;
- Harass, abuse, threaten or otherwise violate any legal rights of others;
- Upload viruses, corrupted files or any other software or information that may damage the operation of another’s computer or network;
- Use the EMDR THERAPIST NETWORK Web Site for commercial purposes, including, but not limited to, advertisements, promotions, offers to buy or sell goods or services, surveys, contests, pyramid schemes, or sponsorship banners;
- Use the EMDR THERAPIST NETWORK Web Site to forward chain letters;
- Permit anyone other than Yourself to use Your EMDR THERAPIST NETWORK Member information to access any portions of the EMDR THERAPIST NETWORK Web Site which are restricted to Members only;
- Use any name other than your professional Member name, including without limitation nicknames or impersonations;
- Forward any material or information contained in one of INNER COURAGE’s Web Services to anyone who is not a Member of the EMDR THERAPIST NETWORK; or
- Violate any of INNER COURAGE’s policies, guidelines or other codes of conduct which are applicable to the EMDR THERAPIST NETWORK Web Site or in particular to one of INNER COURAGE’s Web Services.
News Group Protocol
INNER COURAGE has no obligation to screen or monitor INNER COURAGE’s Web Services; however, INNER COURAGE reserves the right to review information or materials posted to any of INNER COURAGE’s Web Services and to remove any such information or materials in its sole discretion. INNER COURAGE reserves the right at all times, in its sole discretion, to edit, refuse to post or to remove any information or materials from the EMDR THERAPIST NETWORK Web Site, including without limitation to INNER COURAGE’s Web Services, regardless of whether such material does or does not violate this Agreement or any INNER COURAGE policies, guidelines, or other codes of conduct which are applicable to the EMDR THERAPIST NETWORK Web Site or in particular to one of INNER COURAGE’s Web Services.
INNER COURAGE does not control or endorse the content, messages or information found in any of INNER COURAGE’s Web Services, and INNER COURAGE specifically disclaims any liability with regard to INNER COURAGE’s Web Services. INNER COURAGE does not endorse or otherwise verify the accuracy, truthfulness or reliability of any information provided on INNER COURAGE’s Web Services unless it is provided by an authorized INNER COURAGE spokesperson. Any statements made on INNER COURAGE’s Web Services reflect only the views of their authors, and your reliance on any such content is at your own risk. INNER COURAGE’s Web Services will be managed or hosted by employees, independent contractors, and/or Members of INNER COURAGE, who are not authorized INNER COURAGE spokespersons, and their views or actions in managing or hosting INNER COURAGE’s Web Services do not necessarily reflect those of INNER COURAGE.
5. PERSONALLY IDENTIFIABLE PATIENT DATA You agree to not use or disclose on the EMDR THERAPIST NETWORK Web Site, including without limitation on INNER COURAGE’s Web Services, any health information that identifies, or with respect to which a reasonable basis exists to believe that the information can be used to identify, an individual. Health information identifies an individual or creates a reasonable basis to identify an individual if: (1) it is created by or received from a health care provider, health plan, employer or health care clearinghouse; and (2) it relates to the past, present or future physical or mental health or condition of the individual, the provision of health care to the individual, or the past, present or future payment for the provision of health care to the individual.
Health information that identifies or creates a reasonable basis to identify an individual includes the following types of information: name, address (including street address, city, county, zip code, or equivalent geocodes), names of relatives and employers, birth date, telephone and fax numbers, email addresses, social security number, medical record number, health plan beneficiary number, account number, certificate or license number, any vehicle or other device serial number, web URL, Internet Protocol (IP) address, finger or voice prints, photographic images, radiographic images or other diagnostic images that include identifying data, and any other unique identifying number, characteristic or code (whether generally available in the public realm or not) that you have reason to believe may be available to an anticipated recipient of information.
Health information may be used or disclosed without written individual authorization only in very narrow circumstances, including where it has been de-identified by eliminating the specified identifying information listed above and You have no reason to believe that a reasonably anticipated recipient could use the remaining information either alone or in combination with other information to identify the individual. You agree that You shall be solely responsible for any such determination and agree to indemnify INNER COURAGE for the consequences of such determination and for any information posted by You on the EMDR THERAPIST NETWORK Web Site, including without limitation on INNER COURAGE’s Web Services, should it identify or should the subject of such information believe it identifies such individual.
In the event that Federal or state requirements protecting individual health information are more restrictive than the laws and regulations discussed in this Agreement, and should such requirements apply to Your use of the EMDR THERAPIST NETWORK Web Site including without limitation to INNER COURAGE’s Web Services, You agree to abide by such requirements in using or disclosing such information and to indemnify and hold INNER COURAGE harmless for the consequences of your violation of any and all laws.
6. SECURITY The EMDR THERAPIST NETWORK Members Only Site requires a userID and password for access and use. Certain INNER COURAGE Web Services may require additional codes. We encourage you to use “strong” passwords (e.g., an eight to twelve character code that contains upper case and lower case letters, a mix of alpha and numeric characters, and contains words not found in a dictionary). You are solely responsible for (1) maintaining the strict confidentiality of the userIDs, passwords and codes (“Member Information”) assigned to You; (2) charges, damages or losses that may be incurred or suffered as a result of Your or Your personnel’s failure to maintain the strict confidentiality of Member Information; and (3) promptly informing INNER COURAGE in writing of any need to deactivate and replace any Member Information due to security concerns. INNER COURAGE is not liable for any harm related to the theft of Your Member Information, Your disclosure of Your Member Information, or Your authorization to allow another person or entity to access and use the Members Only Site using Your Member Information. You agree to notify INNER COURAGE immediately as soon as You become aware of any unauthorized use of Your Member Information. Notice to INNER COURAGE under this section of the Agreement may be accomplished by sending e-mail to email@example.com or by conventional mail to: Inner Courage LLC, Contract Manager, 21 NE Alberta Portland, OR 97211-2601.
7. COPYRIGHT AND TRADEMARK OWNERSHIP, NOTICES AND INFRINGEMENT
All contents of the EMDR THERAPIST NETWORK Web Site are: Copyright � 2006 Inner Courage LLC. All rights reserved.
The content of the EMDR THERAPIST NETWORK Web Site is proprietary to INNER COURAGE and is protected by the copyright laws of the United States and other countries. The compilation of the content on the EMDR THERAPIST NETWORK Web Site is the exclusive property of INNER COURAGE and is protected by the copyright laws of the United States and other countries.
The EMDR THERAPIST NETWORK On-Line Membership Directory is: Copyright � 2006 Inner Courage LLC. All rights reserved. No part of this directory may be reproduced, stored in a retrieval system or transmitted in any form or by any means for commercial purposes without the prior written permission of INNER COURAGE. Notwithstanding the foregoing, EMDR THERAPIST NETWORK Members are permitted to access and download the names of one or more other Members, but not the entire Membership Directory list, for purposes of contacting such Members. For information, address Inner Courage LLC 21 NE Alberta
Portland, OR 97211-2601.
INNER COURAGE does not claim ownership of the individual materials or information You may provide to INNER COURAGE, including without limitation feedback, suggestions, posts, uploads, inputs, or submissions to the EMDR THERAPIST NETWORK Web Site including without limitation any of INNER COURAGE’s Web Services. However, if You provide such materials or information to INNER COURAGE:
- You warrant and represent that You own or otherwise have all of the rights in and to Your materials or information including, without limitation, all the rights necessary for You to provide, post, upload, input or submit the materials or information; and
- You grant INNER COURAGE, its affiliated entities and sublicensees a non-exclusive, perpetual, worldwide, royalty free, fully paid up and irrevocable license to use Your materials or information, including without limitation the rights to copy, distribute, transmit, publicly display, publicly perform, reproduce, edit, make derivative or collective works, translate and reformat the materials or information, and to publish Your name in connection with Your materials or information, or for any other purpose, including commercial purposes. INNER COURAGE will not pay You compensation with respect to any use of Your materials or information.
You may not modify, copy, distribute, transmit, display, perform, reproduce, publish, license, create derivative works from, transfer, or sell any information, software, products or services obtained from the INNER COURAGE Web Site, without the prior written permission of INNER COURAGE. For information contact:
Inner Courage LLC
21 NE Alberta
Portland, OR 97211-2601
Any rights not expressly granted herein are reserved by INNER COURAGE.
Nothing in this Agreement or its performance shall grant You any right, title, interest, or license in or to INNER COURAGE’s names, logos, logotypes, trade dress, designs, or other trademarks. Any and all rights not expressly granted herein are reserved by INNER COURAGE. “EMDR” is a registered trademark of Francine Shapiro.
8. NOTICES AND PROCEDURE FOR MAKING CLAIMS OF COPYRIGHT INFRINGEMENT THE FOLLOWING INFORMATION IS PROVIDED EXCLUSIVELY FOR NOTIFYING INNER COURAGE THAT YOUR COPYRIGHTED MATERIAL MAY HAVE BEEN INFRINGED. ALL OTHER INQUIRIES, SUCH AS REQUESTS FOR TECHNICAL ASSISTANCE, REPORTS OF E-MAIL ABUSE, AND PIRACY REPORTS, WILL NOT RECEIVE A RESPONSE THROUGH THIS PROCESS. INNER COURAGE does not guarantee any action based upon the receipt of such information. Pursuant to Title 17, United States Code, Section 512(c)(2), notifications of claimed copyright infringement should be sent to INNER COURAGE’s Designated Agent. Written notification must be submitted to the following Designated Agent:
Service Provider(s): Inner Courage LLC
Name of Agent Designated to Receive Notification of Claimed Infringement: Inner Courage LLC
Full Address of Designated Agent to which notification Should be Sent: 21 NE Alberta, Portland, OR 97211-2601
Telephone Number of Designated Agent: (503) 341-4325
Facsimile Number of Designated Agent: (503) 335-0066
Email Address of Designated Agent:
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