User Agreement

THE FOLLOWING DESCRIBES THE TERMS UPON WHICH THERAP SERVICES, LLC OFFERS YOU ACCESS TO OUR WEBSITE.

Welcome to the user agreement (the “Agreement” or “User Agreement”) for Therap Services, LLC (hereafter referred to as “Therap Services”).  This Agreement describes the terms and conditions applicable to your use of the Website operated under the domain name of www.therapservices.net (and various permutations of such name including, but not limited to,www.therapservices.com and www.therap.net (hereinafter referred to as “the Site” or “this Site”).  If you do not agree to be bound by the terms and conditions of this Agreement, do not use or access this Site.

You must read, agree with and accept all of the terms and conditions contained in this User Agreement and the Privacy Policy (Exhibit C following), which include those terms and conditions expressly set out below and those incorporated by reference, before you may access the Site. Only individuals who have been and continue to be properly authorized to access this Site (“users”) may do so, provided that each access of this Site is for a legitimate and lawful purpose. We strongly recommend that, as you read this User Agreement, you also access and read the information contained in the Privacy Policy referred to in this document, as it may contain further terms and conditions that apply to you as a user of this Site.  FAILURE TO ADHERE TO THE TERMS AND CONDITIONS OF THIS AGREEMENT MAY, UNDER CERTAIN CIRCUMSTANCES, CONSTITUTE A VIOLATION OF FEDERAL AND/OR STATE LAW AND SUBJECT THE USER TO PENALTY AND PROSECUTION.

This Agreement is effective immediately upon each user’s acceptance.

1. Authorized Use. Each use of this Site constitutes a representation and warranty by the user that he or she is properly authorized to use this Site and that his or her use is for a legitimate and lawful purpose and is limited to his or her authorization. In the event, for any reason, a user inadvertently obtains access to the patient health information (hereinafter “PHI”) or other information of a recipient of care (hereinafter a “Care Recipient”) (i) who is not being cared for by the user or the user’s employer or (ii) whose PHI may not otherwise lawfully be accessed by such user, the user shall immediately terminate such access, destroy or delete all PHI of such Care Recipient located on the user’s server(s) or on any work station under the control of the user or otherwise reproduced by the user, whether such information is stored in written, magnetic, electrical, optical, or other form, and shall immediately notify Therap Services of such access. User agrees to comply with all federal and state laws, rules and regulations regarding the maintenance of the confidentiality of PHI obtained on this Site, including, without limitation, the Health Insurance Portability and Accountability Act of 1996, and the rules and regulations promulgated thereunder, as the same may from time to time be amended (“HIPAA”). In the event of the termination of your employment or of your authority to access and use this Site, you agree that you shall not, under any circumstance, attempt to access or in fact gain access to the Site unless and until your authority to access the Site is restored.

2. Medical and Care Information Not Provided by Therap Services. The Site is a conduit for and a compilation of information provided by various users, and the information has not been developed, supplied, reviewed, authenticated, analyzed or evaluated by Therap Services. All questions about any information obtained from this Site should be directed to the individual or entity that has posted the information. Nothing contained on this Site is intended to constitute a medical diagnosis or treatment. Nothing on the Site is intended as a validation of the accuracy or completeness of the information posted.

3. No Remedy Except Termination. All information is transmitted over a medium which is beyond the control and jurisdiction of the Site. Accordingly, Therap Services has no responsibility for, or relating to, delay, failure, interruption or corruption of any data or other information transmitted in connection with use of the Site or other sites accessed through the Site. A user’s sole and exclusive remedy for dissatisfaction with the Site is to stop using the Site.

4. Amendment. We may amend this Agreement or the Privacy Policy at any time by posting the amended terms on the Site. Except as stated below, all amended terms shall automatically be effective immediately after they are initially posted on the Site, except that changes in the Privacy Policy shall become effective thirty (30) days after they are initially posted. This Agreement may not be otherwise amended except in a writing signed by you and Therap Services. You agree to review this Site’s standard User Agreement periodically to be aware of any such modification, and your access or use of the Site shall be deemed your acceptance of any modified User Agreement.

5. Reservation of Rights. The Site reserves the right, but is not obligated under any circumstances, to do any or all of the following:

  • To the extent permitted by HIPAA or other applicable federal and/or state law, make a record of information posted on the Site and organize and publish PHI and other information provided by users for statistical and other lawful purposes; provided, however, no such information will disclose the names of Care Recipients or the facilities where they reside or which otherwise provide services to the Care Recipients; provided further, however, Therap Services may disclose any Care Recipient’s PHI or other information of any kind to the extent required by law.
  • Investigate any allegation that information posted on the Site is inaccurate, defamatory, or has been posted in violation of applicable federal, state or other law, rules and/or regulations.
  • Remove or modify any information referred to in the preceding clause; or
  • Terminate any user’s access to the Site upon any breach of the terms and conditions of this Agreement or in the event we believe that your actions may cause financial loss or legal liability for you, other users or us.

6. Release. Because we are an information conduit, not an information provider, in the event that you have a dispute with one or more users or any other third party or parties, you agree to release Therap Services (and our officers, directors, agents, subsidiaries, joint venturers and employees) from claims, demands and damages (actual and consequential) of every kind and nature, known and unknown, suspected and unsuspected, disclosed and undisclosed, arising out of or in any way connected with such disputes. If you are a California resident, you waive California Civil Code §1542, which says: “A general release does not extend to claims which the creditor does not know or suspect to exist in his favor at the time of executing the release, which if known by him must have materially affected his settlement with the debtor,” or any similar provision of any other law.