TERMS OF USE
TRAUMA THERAPY CA PSYCHOLOGY CORPORATION, P.C.

Last Updated: July 15, 2020

PLEASE READ THESE TERMS OF USE (“Terms”, “Terms of Use”, or “Agreement”) CAREFULLY BEFORE USING THIS SITE, AS THEY AFFECT YOUR LEGAL RIGHTS AND OBLIGATIONS, INCLUDING, BUT NOT LIMITED TO, WAIVERS OF RIGHTS, LIMITATION OF LIABILITY, CONDITIONS RELATING TO JURSIDICTION AND TRAUMA THERAPY CA P.C.’S OBLIGATIONS AND LIABILITIES.

1. BINDING EFFECT. This is a binding agreement. By using the Internet site located at https://traumatherapyca.com (the “Site”) or any services provided in connection with the Site (the “Services”), you agree to abide by these Terms of Use, as they may be amended Trauma Therapy CA Psychology Corporation. (“we”, “us” or “Company”) from time to time in its sole discretion. References to “you”, “your”, “we”, “us” and “Company” include our respective subsidiaries, affiliates, agents, employees, licensees, licensors, and providers of content as of the time your or our claim arises; and our respective predecessors in interest, successors, and assigns, and may also be referred to individually References to “you”, “your” and “us” may also referred to individually “Party” or collectively as “Parties”.

You further agree that you shall not challenge the validity, enforceability, or admissibility of the Terms of Use on the grounds that it was electronically transmitted or authorized. Company will post a notice on the Site any time these Terms of Use have been changed or otherwise updated. It is your responsibility to review these Terms of Use periodically, and if at any time you find these Terms of Use unacceptable, you must immediately leave the Site and cease all use of the Services and the Site. BY ACCESSING, BROWSING, OR USING THE SERVCIES (INCLUDING YOUR SUBMISSION OF INFORMATION TO THE WEBSITE), YOU ACKNOWLEDGE THAT YOU HAVE READ, UNDERSTOOD AND AGREE TO BE BOUND BY THESE TERMS OF USE, AND THE PRIVACY POLICY, WHICH IS INCORPORATED HEREIN BY REFERENCE), AND TO COMPLY WITH ALL APPLICABLE LAWS AND REGULATIONS. YOU AGREE THAT BY USING THE SERVICES YOU REPRESENT THAT YOU ARE AT LEAST 18 YEARS OLD AND THAT YOU ARE LEGALLY ABLE TO ENTER INTO THIS AGREEMENT.

2. CONTENT. The contents of the Site, such as text, graphics, images, information obtained from Company’s licensors, and other material contained on the Site, newsletter, and any other communications (“Content”) are for informational purposes only. You acknowledge the information on the Site is for general information only. We may update the Content from time to time, but the Content is not necessarily complete or up to date. Any of the material on the Site may be out of date at any given time, and we are under no obligation to update such Content.

The Site is not intended to provide healthcare advice and should not be relied upon as a substitute for consulations with qualified health professionals, who are familiar with your individual health needs. The Content and Services are not intended to be a substitute for professional medical advice, diagnosis, or treatment. Always seek the advice of a qualified health provider with any questions you may have regarding a medical condition. If you think you may have a medical emergency, call your doctor or 911 immediately. We do not recommend or endorse any specific tests, physicians, products, procedures, opinions, or other information that may be mentioned on the Content or Services. Reliance on any information provided by Company, Company employees, others appearing in the Content or on the Services at the invitation of Company, or other visitors to the Services is solely at your own risk. The Content and Services may contain health- or medical-related materials that you consider sensitive. If you find these materials offensive, you may not want to use our Content or Services.

Content may be developed through collaboration with licensed medical professionals and external contributors and is general in nature and for informational purposes only and does not constitute medical advice. The Content is not intended to be a substitute for professional medical advice, diagnosis, or treatment. Health conditions and drug information contained are subject to change and are not intended to cover all possible uses, directions, precautions, warnings, drug interactions, allergic reactions, or adverse effects.

3. USE OF CONTENT. We impose certain restrictions on your permissible use of the Site and the Service. You are prohibited from violating or attempting to violate any security features of the Site or Service, including, without limitation, (a) accessing content or data not intended for you, or logging onto a server or account that you are not authorized to access; (b) attempting to probe, scan, or test the vulnerability of the Service, the Site, or any associated system or network, or to breach security or authentication measures without proper authorization; (c) interfering or attempting to interfere with service to any user, host, or network, including, without limitation, by means of submitting a virus to the Site or Service, overloading, “flooding,” “spamming,” “mail bombing,” or “crashing;” (d) using the Site or Service to send unsolicited e-mail, including, without limitation, promotions, or advertisements for products or services. Any violation of system or network security may subject you to civil and/or criminal liability.

4. PRIVACY POLICY. We respect your privacy and permits you to control the treatment of your personal information. A complete statement of Company’s current Privacy Policy can be found by clicking here https://traumatherapyca.com/privacy-policy and is expressly incorporated into this Agreement.

5. INFORMATION COLLECTED AND STORED AUTOMATICALLY. When you browse through the Site we gather and temporarily store technical information about your visit. We use this information to improve our Site and to provide a better user experience for our visitors. We use various tools such as Google Analytics and other software to collect and aggregate this information. This information is available only to web managers and other designated staff who require this information to perform their duties. It is retained only for as long as needed for proper analysis.

This information does not identify who you are. The information we collect includes:
• The date and time of your visit
• The pages you visited

If you choose to provide us with Personal Information, for example by completing a ‘Contact Us’ form, leaving a comment, or completing a survey, Company may use that information to respond to your message. Submitting Personal Information (name, address, telephone number, email address, etc.) is voluntary and is not required to access most areas of our Site. We will retain the information only for as long as necessary to respond to your question or to fulfill the stated purpose of the communication.

6. USER ACCOUNT AND ACCOUNT CREATION. You may be required or permitted to create user accounts (each an “Account”) in order to access or use certain aspects of the Service. You may not use anyone else’s Account at any time and you may not allow anyone else to use your Account at any time. You are responsible for all activity occurring under your Account, including all activities or transactions conducted through the use of your Account. When you are required to open an account to use or access the Site or Service, you must complete the registration process by providing the complete and accurate information requested on the registration form. You will also be asked to provide a user name and password. You are entirely responsible for maintaining the confidentiality of your password. You acknowledge and agree that you have no ownership or other proprietary interest in any Account. You agree that all of the details you provide in connection with your Account are about yourself is not about another individual or entity (whether real or fictitious), and that such details will be maintained by you as correct, current, and complete. You may not use the account, username, or password of someone else at any time. You agree to notify Company immediately on any unauthorized use of your account, user name, or password. Company shall not be liable for any loss that you incur as a result of someone else using your password, either with or without your knowledge. You may be held liable for any losses incurred by Company, its affiliates, officers, directors, employees, consultants, agents, and representatives due to someone else’s use of your account or password.

Personal Information Submitted Through Our Patient Portal. The Site may provide access to a Patient Portal that will link you to an electronic healthcare record (EHR) system which operates outside of the network of our website. If you choose to access our EHR system, you will be required to establish an account name, password and provide other information for security purposes. Our Patient Portal will provide further information on the privacy information of our EHR system.

7. SITE MEASUREMENTS AND COOKIES. Site measurement and customization technologies, such as ‘cookies’, help the Site function better for visitors and to better understand how visitors use the Site. A ‘cookie’ is a small text file automatically placed on your computer. We use cookies a) to gather data for technical purposes, such as enabling better navigation through our website and generating aggregated statistics about how the Site is used; b) to customize our Site for frequent visitors and to test variations of website design and content. We do not use cookies to collect Personal Information and we do not share data collected cookies. You can turn off all cookies, in case you prefer not to receive them. You can also have your computer warn you whenever cookies are being used. For both options you have to adjust your browser settings (such as Chrome, Safari, Firefox, Internet Explorer, or other browser). There are also software products available that can manage cookies for you. Please be aware, however, that when you choose to reject cookies, this choice may limit the functionality of the website you visit and you may lose access to some of its features.

8. VISITING THE SITE ON THIRD PARTY WEBSITES. Company may maintain accounts on third-party websites, such as social media sites, as tools to better interact with our Site visitors. Your activity on those third-party websites is governed by the security and privacy policies of those sites. Users of third-party websites are often sharing information with the general public, user community, and/or the third-party operating the website and information may be used in a variety of ways. You should review the privacy policies of third-party websites before using them and ensure that you understand how your information may be used. You should also adjust privacy settings on your account on any third-party website to match your preferences.

9. ACCESSIBILITY. We strive to make Content on the Site usable by all visitors, including those with disabilities. If you are having difficulty using this Site, with or without assistive technology, please contact us at info@traumatherapyca.com.

10. COMPLIANCE WITH INTELLECTUAL PROPERTY LAWS. When accessing the Site or using the Service, you agree to obey the law and to respect the intellectual property rights of others. Your use of the Service and the Site is at all times governed by and subject to laws regarding copyright ownership and use of intellectual property. You agree not to upload, download, display, perform, transmit, or otherwise distribute any information or Content in violation of any third party’s copyrights, trademarks, or other intellectual property or proprietary rights. You agree to abide by laws regarding copyright ownership and use of intellectual property, and you shall be solely responsible for any violations of any relevant laws and for any infringements of third party rights caused by any Content you provide or transmit, or that you provide or transmit. The burden of proving that any Content does not violate any laws or third party rights rests solely with you.

All Content on this Site, including but not limited to all design, text, images are owned or licensed by Company. Such content may not be copied, reproduced, transmitted, displayed, performed, distributed, altered, sublicensed or used in whole or in part in any manner without our prior written consent. The Site, the Site’s logos, and all other trademarks appearing on the Content and Services are trademarks of Company or are licensed or used with permission of the owner by Company. You agree not to display or use such trademarks without our prior written permission. We disclaim any proprietary interest in trademarks, service marks, logos, slogans, domain names, and trade names other than our own.
We will suspend or terminate any Site user who is found to have infringed on the rights of Company or of a third party, or otherwise violated any intellectual property laws or regulations. If you have evidence, know, or have a good faith belief that your rights or the rights of a third party have been violated and you want us to delete, edit, or disable the material in question, you must provide us with all of the following information: (a) a physical or electronic signature of a person authorized to act on behalf of the owner of the exclusive right that is allegedly infringed; (b) identification of the copyrighted work claimed to have been infringed, or, if multiple copyrighted works are covered by a single notification, a representative list of such works; (c) identification of the material that is claimed to be infringed or to be the subject of infringing activity and that is to be removed or access to which is to be disabled, and information reasonably sufficient to permit us to locate the material; (d) information reasonably sufficient to permit us to contact you, such as an address, telephone number, and if available, an electronic mail address at which you may be contacted; (e) a statement that you have a good faith belief that use of the material is not authorized by the copyright owner, its agent, or the law; and (f) a statement that the information in the notification is accurate, and under penalty of perjury, that you are authorized to act on behalf of the owner of an exclusive right that is allegedly infringed. For this notification to be effective, you must provide it to Company’s designated agent at:

Debora Jason, Clinical Director
Trauma Therapy CA Psychology Corporation
15333 Culver Drive, Suite 340T, Irvine, California 92604
949-943-1877
949-508-1856
info@traumatherapyca.com

11. ALLEGED VIOLATIONS. We reserve the right to terminate your use of the Service and/or the Site. You agree that we, or our representatives, may access your account and records on a case-by-case basis to investigate complaints or allegations of abuse, infringement of third party rights, or other unauthorized uses of the Site or the Service. Company does not intend to disclose the existence or occurrence of such an investigation unless required by law, but we reserve the right to terminate your account or your access to the Site immediately, with or without notice to you, and without liability to you, if we believe that you have violated any of the Terms of Use, furnished us with false or misleading information, or interfered with use of the Site or the Service by others.

12. NO WARRANTIES. COMPANY HEREBY DISCLAIMS ALL WARRANTIES. COMPANY IS MAKING THE SITE AVAILABLE “AS IS” WITHOUT WARRANTY OF ANY KIND. YOU ASSUME THE RISK OF ANY AND ALL DAMAGE OR LOSS FROM USE OF, OR INABILITY TO USE, THE SITE OR THE SERVICE. TO THE MAXIMUM EXTENT PERMITTED BY LAW, COMPANY EXPRESSLY DISCLAIMS ANY AND ALL WARRANTIES, EXPRESS OR IMPLIED, REGARDING THE SITE, INCLUDING, BUT NOT LIMITED TO, ANY IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, OR NONINFRINGEMENT. COMPANY DOES NOT WARRANT THAT THE SITE OR THE SERVICE WILL MEET YOUR REQUIREMENTS OR THAT THE OPERATION OF THE SITE OR THE SERVICE WILL BE UNINTERRUPTED OR ERROR-FREE. COMPANY DOES NOT WARRANT THE SERVER IS FREE OF VIRUSES OR OTHER HARMFUL ELEMENTS.

13. LIMITED LIABILITY. COMPANY’S LIABILITY IS LIMITED. TO THE MAXIMUM EXTENT PERMITTED BY LAW, IN NO EVENT SHALL COMPANY OR INFORMATION CONTRIBUTORS TO THE SITE BE LIABLE FOR DAMAGES OF ANY KIND (INCLUDING, BUT NOT LIMITED TO, SPECIAL, INCIDENTAL, OR CONSEQUENTIAL DAMAGES, LOST PROFITS, OR LOST DATA, REGARDLESS OF THE FORESEEABILITY OF THOSE DAMAGES) ARISING OUT OF OR IN CONNECTION WITH YOUR USE OF THE SITE OR ANY OTHER MATERIALS, INFORMATION OR SERVICES PROVIDED TO YOU BY COMPANY. This limitation shall apply regardless of whether the damages arise out of breach of contract, tort, or any other legal theory or form of action. Company is not liable for any personal injury, including death, or infringement caused by your use or misuse of the Services, Content. Any claims arising in connection with your use of the Services, Site or any Content must be brought within one (1) year of the date of the event giving rise to such action occurred. Remedies under these Terms of Use are exclusive and are limited to those expressly provided for in these Terms of Use.

14. AFFILIATED SITES. We have no control over, and no liability for any third party websites or materials. Any links provided on the Site are provided for convenience or reference only and are not intended as an endorsement by us or any invidiual operating this Site. We work with a number of partners and affiliates whose websites may be linked with the Site. Because neither we nor the Site has control over the content and performance of these partner and affiliate sites, we make no guarantees about the accuracy, currency, content, or quality of the information provided by such sites, and we assume no responsibility for unintended, objectionable, inaccurate, misleading, or unlawful content that may reside on those sites nor are we responsible or liable for any privacy violations or any other violations which may occur on those sites. Similarly, from time to time in connection with your use of the Site, you may have access to content items (including, but not limited to, websites) that are owned by third parties. You acknowledge and agree that we make no guarantees about, and assumes no responsibility for, the accuracy, currency, content, or quality of this third party content, and that, unless expressly provided otherwise, these Terms of Use shall govern your use of any and all third party content.
15. USE OF SOFTWARE. Company may make certain software available to you from the Site. If you download software from the Site, the software, including all files and images contained in or generated by the software, and accompanying data (collectively “Software”) are deemed to be licensed to you by Company, for your personal noncommercial home use only. Company does not transfer either the title or the intellectual property rigths to the Software. You may not sell, redistribute, or reproduce the Software, nor may you decompile, reverse-engeineer, disassemble, or otherwise convert the Software.

16. LINKS TO THE SITE. We reserve the right to revoke our consent to any links to the Site at any time at its sole discretion. You agree that any other hypertext links to this Site must be approved in writing by Company.

17. INDEMNITY. You agree to indemnify, defend, and hold harmless Company, its affiliates, officers, directors, employees, consultants, agents, and representatives from any and all third party claims, losses, liability, damages, and/or costs (including without limitation, reasonable attorney fees and costs) arising from your access to or use of the Site, your violation of these Terms of Use, or your infringement, or infringement by any other user of your account, your inability to access the Site, of any intellectual property or other right of any person or entity. We will notify you promptly of any such claim, loss, liability, or demand, and will provide you with reasonable assistance, at your expense, in defending any such claim, loss, liability, damage, or cost.

18. GOVERNING LAW. These Terms of Use shall be construed in accordance with and governed by the laws of the United States and the State of California, without reference to their rules regarding conflicts of law. You hereby irrevocably consent to the exclusive jurisdiction of the state or federal courts in Orange County, California in all disputes arising out of or related to the use of the Site or Service.

19. DISPUTE RESOLUTION: You and Company agree to arbitrate all disputes and claims between you and Company. This agreement to arbitrate is intended to be broadly interpreted. It includes, but is not limited to:
• Claims arising out of or relating to any aspect of the relationship between us, whether based in contract, tort, fraud, misrepresentation or any other statutory or common-law legal theory;
• Claims that arose before this or any prior agreement;
• Claims for mental or emotional distress or injury
• Claims that may arise after the termination of this Agreement.

Notwithstanding the foregoing, either Party may bring an action in small claims court seeking individualized relief, so long as the action remains in that court and is not removed or appealed to a court of general jurisdiction. You agree that, by entering into this Agreement, you and Company are each waiving the right to a trial by jury or to participate in a class action. This Agreement evidences a transaction in interstate commerce, and thus the Federal Arbitration Act governs the interpretation and enforcement of this provision. This arbitration provision shall survive termination of this Agreement. Both Parties agree that the provisions of California law applicable to health care providers shall apply to disputes within this arbitration agreement, including but not limited to, Code of Civil Procedure Sections 340.5 and 667.7, Civil Code Sections 3333.1 and 3333.2. Any Party may bring before the arbitrators a motion for summary judgment or summary adjudication in accordance with the Code of Civil Procedure. Discovery shall be conducted pursuant to the Code of Civil Procedure section 1283.05.

All claims based on the same incident, transaction or related circumstances shall be arbitrated in one proceeding. A claim shall be waived and forever barred if (1) on the date notice is received, the claim if asserted in a civil action, would be barred by the applicable California statute of limitations, or (2) the claimant fails to pursue the arbitration claim in accordance with the procedures described herein with reasonable diligence. The arbitrator shall be governed by the California Code of Civil Procedure provisions relating to arbitration.
This arbitration agreement term may be revoked by written notice delivered to Company at attention to Debora Jason, Trauma Therapy CA Psychology Corporation, 15333 Cuver Drive, Suite 340T, Irvine, California 92604, within thirty (30) days of your first use of the Site.

20. SEVERABILITY; WAIVER. If, for whatever reason, a court of competent jurisdiction finds any term or condition in these Terms of Use to be unenforceable, all other terms and conditions will remain unaffected and in full force and effect. No waiver of any breach of any provision of these Terms of Use shall constitute a waiver of any prior, concurrent, or subsequent breach of the same or any other provisions hereof, and no waiver shall be effective unless made in writing and signed by an authorized representative of the waiving party.

21. NO LICENSE. Nothing contained on the Site should be understood as granting you a license to use any of the trademarks, service marks, or logos owned by us or by any third party.

22. CALIFORNIA USE ONLY. The Site is controlled and operated by us from our offices in the State of California. We make no representation that any of the materials or the services to which you have been given access are available or appropriate for use in other locations. Your use of or access to the Site should not be construed as Company’s purposefully availing itself of the benefits or privilege of doing business in any state or jurisdiction other than California.

23. MODIFICATIONS. We may, in our sole discretion and without prior notice, (a) revise these Terms of Use; (b) modify the Site and/or the Service; and (c) discontinue the Site and/or Service at any time. Company shall post any revision to these Terms of Use to the Site, and the revision shall be effective immediately on such posting. You agree to review these Terms of Use and other online policies posted on the Site periodically to be aware of any revisions. You agree that, by continuing to use or access the Site following notice of any revision, you shall abide by any such revision. We will revise the “last updated” date found at the beginning of this Terms of Use when we post changes to it.

24. ACKNOWLEDGEMENT. BY USING THE SERVICE OR ACCESSING THE SITE, YOU ACKNOWLEDGE THAT YOU HAVE READ THESE TERMS OF USE AND PRIVACY POLICY AGREE TO BE BOUND BY THEM.