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Website Terms and Conditions of Use
These Terms and Conditions of Use (“Agreement”) is a legal agreement between you and THERALOGICAL LLC (hereinafter referred to as “Website Owner”), the owner and developer of Theralogical.com. By registering for any service provided on Theralogical.com, or otherwise using the website, you become a client (“Client”) and you agree to be bound by all of the terms (the “Terms”) set forth in this Agreement as long as you remain a Client. IF YOU DO NOT AGREE TO THE TERMS, PLEASE DO NOT REGISTER FOR ANY THERALOGICAL.COM SERVICE. The Terms are subject to change at any time, effective upon notice to you.
Limitations of Liability. Client agrees that Theralogical.com, its subsidiaries, affiliates, licensors, licensees, service providers, employees, agents, officers, and directors will not be liable for any incidental, direct, indirect, punitive, actual, consequential, special, exemplary, or other damages, including loss of revenue or income, pain and suffering, emotional distress, or similar damages, even if Theralogical.com has been advised of the possibility of such damages, such damages were reasonably foreseeable or Theralogical.com was grossly negligent. In no event will the collective liability of Theralogical.com and its subsidiaries, affiliates, licensors, service providers, content providers, employees, agents, officers, and directors, regardless of the form of action (whether in contract, tort, or otherwise), exceed the fees paid by Client to Theralogical.com for the applicable service out of which such liability arose. Some jurisdictions do not permit the exclusion or limitation of liability for consequential or incidental damages, and, as such, some portion of the above limitation may not apply to Client. In such jurisdictions, the liability of Theralogical.com, its subsidiaries, affiliates, licensors, licensees, service providers, employees, agents, officers, and directors will be limited to the greatest extent permitted by law.
Indemnification. Client agrees to indemnify and hold Theralogical.com, its subsidiaries, affiliates, licensors, service providers, employees, agents, officers, directors, and contractors (the “Indemnified Parties”) harmless from any breach of the terms of this agreement by Client. Client agrees that the indemnified parties will have no liability in connection with any such breach or unauthorized use of Theralogical.com or any information obtained from or through Theralogical.com, and Client agrees to indemnify any and all resulting loss, damages, judgments, awards, costs, expenses, and attorneys’ fees of the indemnified parties in connection therewith. Client will also indemnify and hold the indemnified parties harmless from and against any claims brought by third parties arising out of client’s use of Theralogical.com and any information accessed from this website.
Responsibility for Use of Website. You understand and agree that you are solely responsible for your actions and decisions to meet other people who you meet online by virtue of the services provided on Theralogical.com. You understand that Theralogical.com and Website Owner do not perform psychological testing or background checks on the individuals who may use the Theralogical.com services. You understand and agree that you must take all reasonable precautions before meeting others through the service provided by Theralogical.com, which includes, but is not limited to: exchanging e-mail first before giving out any personal information and meeting in a public place.
Do Not Rely on Theralogical.com. Opinions, advice, statements or other comments should not necessarily be relied upon and are not to be construed as professional advice from Theralogical.com or Website Owner. Theralogical.com and Website Owner do not guarantee the accuracy or completeness of any of the information provided, and are not responsible for any loss resulting from your reliance on such information. Some of the lessons contain the subjective opinions of the author, may be based on subjective criteria, or otherwise require individualized, case by case analysis and these lessons are not a replacement for the individual judgement of the therapist. These videos are only for therapists and are not to be used for self-diagnosis or diagnosis by any unlicensed individual. The author is providing general guidance for other therapists and the lessons are not individualized analysis and therefore are not medical or legal advice.
Warning re: Offensive Information. It is possible that other Theralogical.com clients will post or send obscene or offensive materials on the site or to you via e-mail. It is also possible that by using your e-mail address, other people may, through other means outside the control of Theralogical.com, have access to personal information about you. Theralogical.com, Website Owner, its employees, agents, affiliates, licensees and web hosting services are not responsible for these transmissions or for the release of such information by others about you.
Privacy. Your use of our site is also governed by our Privacy Policy. Please review our Privacy Policy at ___.
Right to Monitor. Theralogical.com and Website Owner reserve the right, but are not obligated, to monitor materials posted in any public area and shall have the right to remove any information deemed offensive by our staff. Notwithstanding the foregoing, you remain solely responsible for your use of any information contained on the site. You understand and agree that if your use of the website’s services is determined by Theralogical.com, in its sole and reasonable discretion, to be offensive, obscene or otherwise improper, Theralogical.com can terminate your use of the website immediately without prior notice and without any right of refund, set-off or a hearing. You are responsible for any activities that take place under your username and password. If you become aware of any unauthorized use of your password or account, or any other breach of security, please contact Theralogical.com immediately. It is up to you to maintain the confidentiality of your password and account. Theralogical.com is not responsible or liable for any loss or damage arising from your failure to comply with the provisions of this Agreement.
Confidentiality. It is agreed that all personal information given to Theralogical.com or Website Owner, will be kept confidential by Theralogical.com and Website Owner, with the following exceptions: (1) basic biographical information (i.e. age, sex, race) you choose to provide may be posted with your user ID for others to view; (2) you actively chose to post your personal information for others to see; (3) you send a message to another client, which will disclose your e-mail address to that client or (4) you have harassed another person via any service provided by Theralogical.com, in which case the confidentiality clause contained in this Agreement is rendered null and void. It is our policy to release a Client’s personal identifying information and any other information when we reasonably believe such disclosure is appropriate to comply with applicable law, to enforce any of our contracts or agreements, to protect the rights, property or safety of our users and customers, in response to a governmental authority request or legal process, or for purposes of fraud protection. By accepting this Agreement, you waive all rights and agree to hold Theralogical.com and Website Owner harmless from any claims resulting from any action taken by Theralogical.com during or as a result of its investigations and/or from any actions taken as a consequence of investigations by either Theralogical.com or law enforcement authorities.
Security. You are prohibited from using any services or facilities provided in connection with this website to compromise its security or tamper with any of its system, resources and/or accounts. The use or distribution of tools designed for compromising security (e.g., password crackers, rootkits, Trojan horses, or network probing tools) is strictly prohibited. If you become involved in any violation of system security, the Theralogical.com reserves the right to release your account details to system administrators at other websites and/or the authorities in order to assist them in resolving security incidents. Website reserves the right to investigate suspected violations of this Agreement.
Affiliate Links: Theralogical.com my contain advertisements and affiliate links (Advertisements), and Website Owner may be compensated based on your interactions with such Advertisements. The products and services contained in these Advertisements have not been reviewed by Website Owner. Owner shall not be responsible for any goods or services contained within any third party websites that are reached via Therealogical.com, and you agree to hold Website Owner harmless for any interaction you have with such Advertisements, third party websites, or the goods and/or services contained thereon.
Ownership, Copyrights, Trademarks, Licenses. You acknowledge and agree that the website and any software or programs used with respect to any Theralogical.com services contain proprietary and confidential information that is the property of Website Owner and is protected by applicable intellectual property and other laws. No rights or title of to any of the proprietary and confidential information on Theralogical.com or any software used in connection with any of its services is provided, transferred, or assigned to you. You agree not to modify, rent, lease, loan, sell, distribute or create derivative works based on any of Theralogical.com services or software, in whole or in part. Trademarks, service marks, logos, and copyrighted works appearing in Theralogical.com are the property of the Website Owner. Theralogical.com retains all rights with respect to any intellectual property appearing on the website, and no rights in such materials are transferred or assigned to you.
No Warranties. The use of Theralogical.com and any service it provides is at your sole risk. The website services are provided on an “as is” and “as available” basis. Theralogical.com expressly disclaims all warranties of any kind, whether express or implied, including, but not limited to, the implied warranties of merchantability, fitness for a particular purpose, and non-infringement. Theralogical.com makes no warranty that (1) the services will meet your requirements, (2) the services will be uninterrupted, timely, secure, or error-free, (3) the results of using the services will be accurate or reliable, (4) the quality of services will meet your expectations, or (5) that any errors in the software utilized by the services will be corrected.
Jurisdiction. This Agreement or any dispute arising from this Agreement is governed by the laws of Florida, without regard to provisions of conflicts of law. Venue of any action arising out of this Agreement shall lie exclusively in Palm Beach County, Florida. You agree that regardless of any statute or law to the contrary, any claim or cause of action arising out of or related to use of this website or this agreement must be filed within one (1) year after such claim or cause of action arose or be forever barred.
Prevailing Party. The prevailing party in any such action shall be entitled to recover its reasonable attorneys’ fees and costs incurred in litigating or otherwise settling or resolving such action.
Jury Trial. CLIENT FURTHER AGREES, TO THE EXTENT PERMITTED BY APPLICABLE LAW, TO WAIVE ANY RIGHT TO TRIAL BY JURY WITH RESPECT TO ANY CLAIM, COUNTERCLAIM OR ACTION ARISING FROM THE TERMS OF THIS AGREEMENT.
Severability. If any part of this Agreement is found by a court of competent jurisdiction to be unlawful, void or unenforceable, that part will be deemed severable and will not affect the validity and enforceability of any remaining provisions. In addition, in such event the unenforceable or invalid provision shall be deemed to be modified to the extent necessary to (i) render it valid and enforceable and (ii) give the fullest effect possible to the original intent of the provision.
Certification. You certify that you are at least 18 years of age and that your answers to the registration materials on Theralogical.com will be truthful. In accessing and using Theralogical.com, you understand and agree that basic information concerning you, given to Theralogical.com, will be published on the website for others to view along with your User ID. Your name, address and e-mail address are kept confidential, except where provided above.
Entire Agreement. This Agreement constitutes your entire Agreement with Theralogical.com and Website Owner with respect to any services.
Waiver. The failure of Website or Website Owner to exercise or enforce any right or provision of this Agreement shall not operate as a waiver of such right or provision. Any waiver of this Agreement by Website or Website Owner must be in writing and signed by an authorized representative of the Website Owner.
Termination of Account: Website Owner reserves the right to refuse service, terminate accounts, remove or edit content, or cancel orders in its sole discretion.
Posted Content: If you do post content or submit material, and unless we indicate otherwise, you grant Website Owner and its affiliates a nonexclusive, royalty-free, perpetual, irrevocable, and fully sublicensable right to use, reproduce, modify, adapt, publish, translate, create derivative works from, distribute, and display such content throughout the world in any media, including, without limitation, any ideas, concepts, know-how, or techniques contained in any communications, content, or materials you send to the Theralogical.com for any purpose whatsoever, including, without limitation, developing, manufacturing, providing, or promoting new products or services using such information and things. You represent and warrant that you own or otherwise control all of the rights to the content that you post; that the content is accurate; that use of the content you supply does not violate these Terms and Conditions of Use and will not cause injury to any person or entity; and that you will indemnify Website Owner, its related entities and its affiliates for all claims resulting from content you supply.
Copyright Complaints: Theralogical.com respects the intellectual property rights of others, and we ask our users to do the same. In appropriate circumstances and in our discretion, we may terminate the rights of any user to use of the Website (or any part thereof) who infringes the intellectual property rights of others. If you believe that your work has been copied in a way that constitutes copyright infringement, or if you are aware of someone so infringing on your rights, please provide the following information to the “Copyright Agent” specified below:
An electronic or physical signature of the person authorized to act on behalf of the owner of the copyright interest;
A description of the copyrighted work that you claim has been infringed upon;
A description of where the material that you claim is infringing is located on the Website;
Your address, telephone number, and e-mail address;
A statement that you have a good faith belief that the disputed use is not authorized by the copyright owner, its agent, and or the law; and
A statement by you, made under penalty of perjury, that the above information in your notice is accurate, and that you are the copyright owner or authorized to act on the copyright owner’s behalf.
You may send any notices, including notices of copyright infringement under the Digital Millennium Copyright Act, to Theralogical.com’s designated agent for notice of claims of copyright infringement on the Website at the following addresses:
Bradley Gies
bradgies@gieslaw.com
1983 PGA Blvd, ste 104b
Palm Beach Gardens, FL 33408
Registration number DMCA-1045948
Please note that this procedure is exclusively for notifying Theralogical.com and its affiliates that your copyrighted materials have been infringed.
THIS POLICY IS INTENDED TO COMPLY FULLY WITH THE REQUIREMENTS OF THE ONLINE COPYRIGHT INFRINGEMENT LIABILITY LIMITATION ACT
Last updated
This privacy notice for
Questions or concerns? Reading this privacy notice will help you understand your privacy rights and choices. If you do not agree with our policies and practices, please do not use our Services. If you still have any questions or concerns, please contact us at
SUMMARY OF KEY POINTS
This summary provides key points from our privacy notice, but you can find out more details about any of these topics by clicking the link following each key point or by using our table of contents below to find the section you are looking for.
What personal information do we process? When you visit, use, or navigate our Services, we may process personal information depending on how you interact with
Do we process any sensitive personal information?
Do we receive any information from third parties?
How do we process your information? We process your information to provide, improve, and administer our Services, communicate with you, for security and fraud prevention, and to comply with law. We may also process your information for other purposes with your consent. We process your information only when we have a valid legal reason to do so. Learn more about how we process your information.
In what situations and with which
How do we keep your information safe? We have
What are your rights? Depending on where you are located geographically, the applicable privacy law may mean you have certain rights regarding your personal information. Learn more about your privacy rights.
How do you exercise your rights? The easiest way to exercise your rights is by
Want to learn more about what
TABLE OF CONTENTS
1. WHAT INFORMATION DO WE COLLECT?2. HOW DO WE PROCESS YOUR INFORMATION?
1. WHAT INFORMATION DO WE COLLECT?
Personal information you disclose to us
In Short: We collect personal information that you provide to us.
We collect personal information that you voluntarily provide to us when you
In Short: Some information — such as your Internet Protocol (IP) address and/or browser and device characteristics — is collected automatically when you visit our Services.
We automatically collect certain information when you visit, use, or navigate the Services. This information does not reveal your specific identity (like your name or contact information) but may include device and usage information, such as your IP address, browser and device characteristics, operating system, language preferences, referring URLs, device name, country, location, information about how and when you use our Services, and other technical information. This information is primarily needed to maintain the security and operation of our Services, and for our internal analytics and reporting purposes.
In Short: We process your information to provide, improve, and administer our Services, communicate with you, for security and fraud prevention, and to comply with law. We may also process your information for other purposes with your consent.
We process your personal information for a variety of reasons, depending on how you interact with our Services, including:
3. WHAT LEGAL BASES DO WE RELY ON TO PROCESS YOUR INFORMATION?
In Short: We only process your personal information when we believe it is necessary and we have a valid legal reason (i.e.
If you are located in the EU or UK, this section applies to you.
The General Data Protection Regulation (GDPR) and UK GDPR require us to explain the valid legal bases we rely on in order to process your personal information. As such, we may rely on the following legal bases to process your personal information:
If you are located in Canada, this section applies to you.
We may process your information if you have given us specific permission (i.e.
In some exceptional cases, we may be legally permitted under applicable law to process your information without your consent, including, for example:
4. WHEN AND WITH WHOM DO WE SHARE YOUR PERSONAL INFORMATION?
In Short: We may share information in specific situations described in this section and/or with the following
We
5. DO WE USE COOKIES AND OTHER TRACKING TECHNOLOGIES?
In Short: We may use cookies and other tracking technologies to collect and store your information.
We may use cookies and similar tracking technologies (like web beacons and pixels) to access or store information. Specific information about how we use such technologies and how you can refuse certain cookies is set out in our Cookie Notice
6. IS YOUR INFORMATION TRANSFERRED INTERNATIONALLY?
In Short: We may transfer, store, and process your information in countries other than your own.
Our servers are located in
If you are a resident in the European Economic Area (EEA) or United Kingdom (UK), then these countries may not necessarily have data protection laws or other similar laws as comprehensive as those in your country. However, we will take all necessary measures to protect your personal information in accordance with this privacy notice and applicable law.
European Commission’s Standard Contractual Clauses:
We have implemented measures to protect your personal information, including by using the European Commission’s Standard Contractual Clauses for transfers of personal information between our group companies and between us and our third-party providers. These clauses require all recipients to protect all personal information that they process originating from the EEA or UK in accordance with European data protection laws and regulations.
7. HOW LONG DO WE KEEP YOUR INFORMATION?
In Short: We keep your information for as long as necessary to
We will only keep your personal information for as long as it is necessary for the purposes set out in this privacy notice, unless a longer retention period is required or permitted by law (such as tax, accounting, or other legal requirements).
When we have no ongoing legitimate business need to process your personal information, we will either delete or
8. HOW DO WE KEEP YOUR INFORMATION SAFE?
In Short: We aim to protect your personal information through a system of
We have implemented appropriate and reasonable technical and
9. DO WE COLLECT INFORMATION FROM MINORS?
In Short: We do not knowingly collect data from or market to
We do not knowingly solicit data from or market to children under 18 years of age. By using the Services, you represent that you are at least 18 or that you are the parent or guardian of such a minor and consent to such minor dependent’s use of the Services. If we learn that personal information from users less than 18 years of age has been collected, we will deactivate the account and take reasonable measures to promptly delete such data from our records. If you become aware of any data we may have collected from children under age 18, please contact us at
10. WHAT ARE YOUR PRIVACY RIGHTS?
In Short:
In some regions (like
We will consider and act upon any request in accordance with applicable data protection laws.
If you are located in Switzerland, you may contact the Federal Data Protection and Information Commissioner.
Withdrawing your consent: If we are relying on your consent to process your personal information,
However, please note that this will not affect the lawfulness of the processing before its withdrawal nor,
Opting out of marketing and promotional communications: You can unsubscribe from our marketing and promotional communications at any time by
Account Information
If you would at any time like to review or change the information in your account or terminate your account, you can:
Cookies and similar technologies: Most Web browsers are set to accept cookies by default. If you prefer, you can usually choose to set your browser to remove cookies and to reject cookies. If you choose to remove cookies or reject cookies, this could affect certain features or services of our Services. You may also opt out of interest-based advertising by advertisers on our Services.
If you have questions or comments about your privacy rights, you may email us at
11. CONTROLS FOR DO-NOT-TRACK FEATURES
Most web browsers and some mobile operating systems and mobile applications include a Do-Not-Track (
12. DO CALIFORNIA RESIDENTS HAVE SPECIFIC PRIVACY RIGHTS?
In Short: Yes, if you are a resident of California, you are granted specific rights regarding access to your personal information.
California Civil Code Section 1798.83, also known as the
If you are under 18 years of age, reside in California, and have a registered account with Services, you have the right to request removal of unwanted data that you publicly post on the Services. To request removal of such data, please contact us using the contact information provided below and include the email address associated with your account and a statement that you reside in California. We will make sure the data is not publicly displayed on the Services, but please be aware that the data may not be completely or comprehensively removed from all our systems (e.g.
CCPA Privacy Notice
The California Code of Regulations defines a
(1) every individual who is in the State of California for other than a temporary or transitory purpose and(2) every individual who is domiciled in the State of California who is outside the State of California for a temporary or transitory purpose
All other individuals are defined as
If this definition of
What categories of personal information do we collect?
We have collected the following categories of personal information in the past twelve (12) months:
Category | Examples | Collected |
A. Identifiers | Contact details, such as real name, alias, postal address, telephone or mobile contact number, unique personal identifier, online identifier, Internet Protocol address, email address, and account name | |
B. Personal information categories listed in the California Customer Records statute | Name, contact information, education, employment, employment history, and financial information | |
C. Protected classification characteristics under California or federal law | Gender and date of birth | |
D. Commercial information | Transaction information, purchase history, financial details, and payment information | |
E. Biometric information | Fingerprints and voiceprints | |
F. Internet or other similar network activity | Browsing history, search history, online |
|
G. Geolocation data | Device location | |
H. Audio, electronic, visual, thermal, olfactory, or similar information | Images and audio, video or call recordings created in connection with our business activities | |
I. Professional or employment-related information | Business contact details in order to provide you our Services at a business level or job title, work history, and professional qualifications if you apply for a job with us | |
J. Education Information | Student records and directory information | |
K. Inferences drawn from other personal information | Inferences drawn from any of the collected personal information listed above to create a profile or summary about, for example, an individual’s preferences and characteristics | |
L. Sensitive Personal Information |
How do we use and share your personal information?
You may contact us
If you are using an
Will your information be shared with anyone else?
We may disclose your personal information with our service providers pursuant to a written contract between us and each service provider. Each service provider is a for-profit entity that processes the information on our behalf, following the same strict privacy protection obligations mandated by the CCPA.
We may use your personal information for our own business purposes, such as for undertaking internal research for technological development and demonstration. This is not considered to be
Your rights with respect to your personal data
Right to request deletion of the data — Request to delete
You can ask for the deletion of your personal information. If you ask us to delete your personal information, we will respect your request and delete your personal information, subject to certain exceptions provided by law, such as (but not limited to) the exercise by another consumer of his or her right to free speech, our compliance requirements resulting from a legal obligation, or any processing that may be required to protect against illegal activities.
Right to be informed — Request to know
Depending on the circumstances, you have a right to know:
In accordance with applicable law, we are not obligated to provide or delete consumer information that is de-identified in response to a consumer request or to re-identify individual data to verify a consumer request.
Right to Non-Discrimination for the Exercise of a Consumer’s Privacy Rights
We will not discriminate against you if you exercise your privacy rights.
Right to Limit Use and Disclosure of Sensitive Personal Information
We do not process consumer’s sensitive personal information.
Upon receiving your request, we will need to verify your identity to determine you are the same person about whom we have the information in our system. These verification efforts require us to ask you to provide information so that we can match it with information you have previously provided us. For instance, depending on the type of request you submit, we may ask you to provide certain information so that we can match the information you provide with the information we already have on file, or we may contact you through a communication method (e.g.
We will only use personal information provided in your request to verify your identity or authority to make the request. To the extent possible, we will avoid requesting additional information from you for the purposes of verification. However, if we cannot verify your identity from the information already maintained by us, we may request that you provide additional information for the purposes of verifying your identity and for security or fraud-prevention purposes. We will delete such additionally provided information as soon as we finish verifying you.
Other privacy rights
To exercise these rights, you can contact us
13. DO VIRGINIA RESIDENTS HAVE SPECIFIC PRIVACY RIGHTS?
In Short: Yes, if you are a resident of Virginia, you may be granted specific rights regarding access to and use of your personal information.
Virginia CDPA Privacy Notice
Under the Virginia Consumer Data Protection Act (CDPA):
If this definition
The information we collect, use, and disclose about you will vary depending on how you interact with
Your rights with respect to your personal data
Exercise your rights provided under the Virginia CDPA
More information about our data collection and sharing practices can be found in this privacy notice
If you are using an
Verification process
We may request that you provide additional information reasonably necessary to verify you and your consumer’s request. If you submit the request through an
Upon receiving your request, we will respond without undue delay, but in all cases, within forty-five (45) days of receipt. The response period may be extended once by forty-five (45) additional days when reasonably necessary. We will inform you of any such extension within the initial 45-day response period, together with the reason for the extension.
Right to appeal
If we decline to take action regarding your request, we will inform you of our decision and reasoning behind it. If you wish to appeal our decision, please email us at
14. DO WE MAKE UPDATES TO THIS NOTICE?
In Short: Yes, we will update this notice as necessary to stay compliant with relevant laws.
We may update this privacy notice from time to time. The updated version will be indicated by an updated
15. HOW CAN YOU CONTACT US ABOUT THIS NOTICE?
If you have questions or comments about this notice, you may
Palm Beach Gardens, Fl, USA 33410
16. HOW CAN YOU REVIEW, UPDATE, OR DELETE THE DATA WE COLLECT FROM YOU?