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.

7. Your Information.

  • “Your Information” is defined as any information you post on the Site or otherwise provide to Therap Services. You are solely responsible for Your Information, and we act as a passive conduit for your online distribution and publication of Your Information.
  • Your Information and your activities on the Site shall not:
    • be false, inaccurate or misleading;
    • be in violation of any federal, state or other law, rule or regulation relating to rights of privacy or otherwise;
    • be defamatory;
    • contain any viruses, Trojan horses, worms, time bombs, cancel bots, Easter eggs or other computer programming routines that may damage, detrimentally interfere with, surreptitiously intercept or expropriate any system, data or personal information; or
    • create liability for Therap Services or cause Therap Services to lose (in whole or in part) the services of its ISPs or other suppliers.

8. Interference; Misappropriation of Proprietary Information. The Site contains robot exclusion headers. Much of the information on the Site is updated on a real time basis. You agree that you will not use any robot, spider, scraper or other automated means to access the Site for any purpose other than to review, post or modify information on the Site solely in accordance with the terms of this User Agreement. You will not: (i) take any action that imposes, or may impose, in our sole discretion, an unreasonable or disproportionately large load on our infrastructure; (ii) interfere or attempt to interfere with the proper working of the Site or any activities conducted on the Site; or (iii) bypass our robot exclusion headers or other measures we may use to prevent or restrict access to the Site. In addition, you agree that this User Agreement, any information provided by Therap Services regarding use of the Site, Therap Services’ Privacy Policy, and all other documents which may be provided to you by Therap Services are the confidential and proprietary property of Therap Services, and you shall not distribute, display or otherwise make such materials available to any third party except as may be required by law or otherwise expressly permitted by this User Agreement.

9. Privacy. You shall not copy, reproduce, modify, create derivative works from, distribute or publicly display any Care Recipient’s PHI or other Site content except to the extent agreed to by us in writing and as permitted by HIPAA and other applicable federal and state laws, rules and regulations. We do not sell or rent the personal information of users to third parties for their marketing purposes without your explicit consent and we only use your information as described in the Privacy Policy. We store and process your information on computers located in the United States that are protected by physical as well as technological security devices. We use third parties to verify and certify our privacy principles. Our current Privacy Policy is available at https://www.therapservices.net/about/?page_id=426. If you object to your information being transferred or used in this way, please do not use our Site.

10. NO WARRANTY. THERAP SERVICES, ITS MANAGERS, MEMBERS, EMPLOYEES, AGENTS AND SUPPLIERS PROVIDE THE SITE “AS IS” AND WITHOUT ANY WARRANTY, EXPRESS, IMPLIED OR STATUTORY. THERAP SERVICES, ITS SUBSIDIARIES, MEMBERS, MANAGERS, EMPLOYEES, AGENTS AND SUPPLIERS (hereinafter “Affiliates”) SPECIFICALLY DISCLAIM ANY IMPLIED WARRANTIES OF FITNESS FOR A PARTICULAR PURPOSE AND NON-INFRINGEMENT. Some states do not allow the disclaimer of implied warranties, so the foregoing disclaimer may not apply to you.

11. LIMITATION ON LIABILITY. Each user of this Site acknowledges and understands that: (1) Therap Services does not input any information about Care Recipients on this Site; (2) disruption of utility service, the need for period maintenance and installation of upgrades, internet based assaults upon this Site (e.g., worms, viruses, etc.) and external causes beyond the control of Therap Services may result in this Site not being available 24 hours a day, 7 days a week; and (3) this Site is now in the testing stages and there may be failures that will result in an inability to access the Site or retrieve information from the Site, from time to time. In light of the foregoing, each user of this Site acknowledges and agrees that neither Therap Services nor any of its Affiliates will have any liability for negligence or other tort as a result of any failure to access this Site, retrieve information from this Site, or any other matter relating to or arising out of use or attempted use of this Site. Each user of this Site further acknowledges and agrees that Therap Services makes no warranties, express or implied, of fitness for a particular purpose, non-infringement, or any other type of warranty with respect to this Site or any information retrieved from this Site. Furthermore, each user acknowledges that, under no circumstances, will Therap Services or any of the Affiliates