YOU AGREE THAT BY USING THIS SERVICE YOU ARE AT LEAST 18 YEARS OF AGE AND YOU ARE LEGALLY ABLE TO ENTER INTO A CONTRACT.
This Agreement sets and contains all of the terms and conditions between a User of ProvenTherapy.com services (“you” or “User” or "client") and ProgCare Limited. By clicking the “Yes” button and then the “Continue” button to submit the User/client registration form, a binding agreement will be executed between you and ProgCare Limited. The User should therefore read this Agreement carefully. If, however, you (the User) do not agree to be bound by this Agreement, click the “No” button. In such case you will not be able to register as a User at ProvenTherapy.com.
Each time you deposit a payment into your ProvenTherapy Account (PT Account) or each time you make contact with a Therapist or with the Company Admin, you are agreeing to the terms and conditions of this Agreement.
ProvenTherapy.com provides a platform where Users can locate a Therapist and ask for counseling or psychotherapy service. ProgCare Limited will provide online facilities in order to enable a User to negotiate and communicate with Therapists and to pay for services provided by such Therapists. ProgCare Limited makes no representation or warranty whatsoever as to (a) the willingness or ability of any Therapist to give advice, (b) whether the User shall find the advice given by a Therapist satisfactory, (c) whether the advice of the Therapist will provide an adequate solution to his or her question, or (d) whether the Therapist advice will otherwise be suitable to his or her needs. ProgCare Limited does not verify the skills, degrees, qualifications, credentials or background of any Therapists. Therefore, User is encouraged to independently verify the skills, degrees, qualifications, credentials and background of those Therapists from whom he or she receives or contemplates to receive advice or services.
PROVENTHERAPY DOES NOT REFER, ENDORSE, RECOMMEND, VERIFY, EVALUATE OR GUARANTEE ANY ADVICE, INFORMATION, OR OTHER SERVICES PROVIDED BY THERAPISTS, AND NOTHING SHALL BE CONSIDERED AS A REFERRAL, ENDORSEMENT, RECOMMENDATION OR GUARANTEE OF ANY THERAPIST. PROVENTHERAPY DOES NOT WARRANT THE VALIDITY, ACCURACY, COMPLETENESS, SAFETY, LEGALITY, QUALITY, OR APPLICABILITY OF THE CONTENT OR ANYTHING SAID OR WRITTEN BY ITS THERAPISTS OR ANY ADVICE PROVIDED, INCLUDING ANY INFORMATION CONTAINED IN ANY THERAPIST LISTING. PROVENTHERAPY WILL NOT BE LIABLE FOR ANY DAMAGES SUSTAINED DUE TO RELIANCE BY USER ON SUCH INFORMATION OR ADVICE PROVIDED BY ANY THERAPIST.
IF A USER CHOOSES TO INTERACT WITH ANY MENTAL HEALTH PROFESSIONAL OR OTHER PROFESSIONAL THERAPIST ON THE SITE, THE CLIENT OR USER RELATIONSHIP (AS WITH ALL OTHER THERAPISTS) IS STRICTLY WITH THE PROFESSIONAL. PROVENTHERAPY IS NOT INVOLVED IN ANY WAY WITH THE SUBSTANCE OF THAT RELATIONSHIP OR THE ADVICE OR INFORMATION GIVEN THEREIN, AND DOES NOT VALIDATE THE INFORMATION OR ADVICE PROVIDED TO YOU BY SUCH THERAPIST.
THE ADVICE OR INFORMATION PROVIDED BY PROFESSIONAL THERAPISTS IS PROVIDED FOR INFORMATIONAL PURPOSES ONLY AND CANNOT BE CONSIDERED A SUBSTITUTE FOR A FACE-TO- FACE SESSION OR THERAPY. USERS SHOULD NOT RELY SOLELY ON ADVICE PROVIDED BY MENTAL HEALTH PROFESSIONALS OR THERAPISTS ON THE SITE. PROVENTHERAPY STRONGLY RECOMMENDS THAT A USER SEEKING MENTAL HEALTH OR MEDICAL ADVICE MAKE AN APPOINTMENT FOR AN EXAMINATION IN PERSON WITH QUALIFIED PROFESSIONALS.
ProgCare Limited does not endorse or recommend any mental health professional, medical professional or Therapist on the Site. User understands that it is his or her responsibility to check the certification and/or licensing of the mental health professional or other professional Therapist with the applicable state licensing Board or authorities in the Therapist’s state or country.
User acknowledges no Therapists are employees or agents of ProgCare Limited and the Company assumes no responsibility for any act or omission of any such Therapist. User understands and agrees that, although a mental or medical health professional or other professional Therapist may have been accessed through the Site, the Company cannot predict or assess the competence of, or appropriateness for User's needs, of the professional or other Therapist.
User also understands that User takes full responsibility for the decision to access a mental health professional or other Therapist through the Site and to continue to interact with the medical or mental health professional or other Therapist, and that the role of ProgCare Limited is strictly limited to providing access to such professionals and other Therapists and their services for User's consideration.
User hereby releases and agrees to hold harmless ProgCare Limited, its directors, officers, employees, agents, successors, advisors, consultants, and assigns from any and all causes of action and claims of any nature resulting from the acts of medical or mental health professionals, or any other Therapists accessed through the Site.
IF YOU ARE THINKING ABOUT SUICIDE OR FEEL THAT YOU MAY BE A DANGER TO YOURSELF OR TO OTHERS, PLEASE CALL THE RELEVANT EMERGENCY NUMBER IN YOUR COUNTRY IMMEDIATELY AND NOTIFY THE POLICE OR EMERGENCY MEDICAL SERVICES.
Opinions of the medical or mental health professionals and other Therapists are solely their opinions, and not those of ProgCare Limited. Directors or staffs of ProgCare Limited does not assume any liability or responsibility for the accuracy of the content on the Site, including the biographical information, qualifications, credentials or other data regarding the mental health professionals or other Therapists. ProgCare Limited does not assume any liability or responsibility for damage or injury to persons or property arising from the use of any information or advice given by a Therapist.
User should independently verify the qualifications, experience and credentials of any Therapist engaged by User.
ProvenTherapy.com may contain content, including financial information, provided by third parties. Such content is provided for informational purposes only and is not intended for trade or investment purposes. Furthermore, ProvenTherapy.com may operate bulletin boards pursuant to which Therapists may answer questions regarding various topics. As noted above, ProgCare Limited does not warrant the validity, accuracy, or availability of the content and Therapist advice provided and it will not be liable for any damages sustained by User due to reliance on such information or advice.
The information furnished by Therapists is intended for general reference purpose only. The consultation with Therapists via ProvenTherapy.com cannot and does not replace a meeting with a professional. User is encouraged to verify the information furnished by Therapists. Any information on ProvenTherapy.com and information furnished by Therapists is not intended to offer a solution for a specific problem and must be considered as general in nature. ANY RELIANCE ON SUCH INFORMATION IS DONE AT THE USER'S FULL AND SOLE LIABILITY.
USER ACKNOWLEDGES AND AGREES THAT THE PROVENTHERAPY.COM SERVICE IS PROVIDED “AS IS”, AND THEREFORE USER WILL NOT HAVE ANY CLAIM OR DEMAND VIS-A-VIS PROVENTHERAPY IN RESPECT TO PROVENTHERAPY’S THERAPISTS, PROPERTIES, LIMITATIONS OR COMPATIBILITY WITH THE USER'S NEEDS. THE USE OF PROVENTHERAPY.COM IS AT THE USER'S SOLE RISK. TO THE FULLEST EXTENT OF THE LAW, PROVENTHERAPY EXPRESSLY DISCLAIMS ALL WARRANTIES OF ANY KIND, EXPRESS OR IMPLIED, INCLUDING BUT NOT LIMITED TO, WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, NON-INFRINGEMENT, SECURITY OR ACCURACY.
PROVENTHERAPY EXPRESSLY DISCLAIMS ALL WARRANTIES FOR INFORMATION POSTED OR TRANSMITTED BY THERAPISTS. IF A USER DECIDES TO RELY ON INFORMATION PROVIDED BY A THERAPIST FOLLOWING THE USE OF PROVENTHERAPY.COM, USER MUST EXERCISE A HIGH STANDARD OF CARE. THE USER SHALL NOT HAVE ANY CLAIM OR DEMAND VIS-A-VIS PROVENTHERAPY, ITS AFFILIATES, AND THEIR RESPECTIVE OFFICERS, DIRECTORS, EMPLOYEES, SUB- CONTRACTORS AND AGENTS IN RESPECT TO ANY SERVICE OR ADVICE USER DECIDES TO RECEIVE AND/OR TO RELY ON. PROVENTHERAPY WILL NOT BE DEEMED THE PROVIDER OR RECIPIENT OF ANY SERVICES OR INFORMATION ACQUIRED THROUGH PROVENTHERAPY.COM. THE PURCHASE OF SERVICES IS EFFECTED AT THE USER'S SOLE RISK.
UNDER NO CIRCUMSTANCES WILL PROVENTHERAPY, ITS AFFILIATES, AND THEIR RESPECTIVE OFFICERS, DIRECTORS, EMPLOYEES, SUB-CONTRACTORS AND AGENTS BE LIABLE TO ANY USER FOR ANY INDIRECT, INCIDENTAL, CONSEQUENTIAL, SPECIAL, PUNITIVE OR EXEMPLARY DAMAGES (INCLUDING BUT NOT LIMITED TO LOSS OF BUSINESS, REVENUE, PROFITS, USE, DATA OR OTHER ECONOMIC ADVANTAGE), HOWEVER IT ARISES, WHETHER IN ACTION OF CONTRACT, NEGLIGENCE OR OTHER TORTIOUS ACTION, OR ARISING FROM THE SERVICES OR ANY PROVISION OF THIS
AGREEMENT. PROVENTHERAPY, ITS AFFILIATES, THEIR RESPECTIVE OFFICERS, DIRECTORS, EMPLOYEES, SUB-CONTRACTORS AND AGENTS’ AGGREGATE LIABILITY FOR DIRECT DAMAGES ARISING WITH RESPECT TO THIS AGREEMENT WILL NOT EXCEED THE TOTAL AMOUNT OF MONEY PAID BY USER TO THERAPISTS THROUGH PROVENTHERAPY.COM IN THE SIX MONTH PERIOD PRIOR TO THE DATE THE CLAIM AROSE. USER ACKNOWLEDGES AND AGREES THAT PROVENTHERAPY DISCLAIMS ANY LIABILITY WITH RESPECT TO ANY CLAIM, SUIT OR ACTION BROUGHT BY A THERAPIST IN CONNECTION WITH PAYMENT FOR SERVICES BY THE USER AND USER AGREES TO INDEMNIFY AND HOLD PROVENTHERAPY HARMLESS IN CONNECTION WITH ANY SUCH CLAIM.
PROVENTHERAPY WILL NOT BE LIABLE FOR ENFORCING ANY AGREEMENT THAT WAS MADE BETWEEN A THERAPIST AND A USER, INCLUDING A USER FEE AGREEMENT. USER WILL BE SOLELY RESPONSIBLE FOR ANY AGREEMENT MADE WITH A THERAPIST.
IN THE EVENT OF A DISPUTE REGARDING ANY TRANSACTION CONDUCTED THROUGH PROVENTHERAPY.COM, THE USER HEREBY RELIEVES PROVENTHERAPY, ITS AFFILIATES, THEIR RESPECTIVE OFFICERS, DIRECTORS, EMPLOYEES, SUB-CONTRACTORS AND AGENTS FROM ALL MANNER OF ACTIONS, CLAIMS OR DEMANDS AND FROM ANY AND ALL LOSSES (DIRECT, INDIRECT, INCIDENTAL OR CONSEQUENTIAL), DAMAGES, COSTS OR EXPENSES, INCLUDING, WITHOUT LIMITATION, COURT COSTS AND ATTORNEYS' FEES, WHICH USER MAY HAVE AGAINST ONE OR MORE OF THE ABOVE.
By submitting the User registration form, you, the User, represent, warrant and agree to the following:
You are at least 18 years of age or a legally organized entity, that he or she is authorized to represent the person who is submitting a User registration, and that he or she is authorized to sign the registration form on his or her behalf and bind him or her;
The information furnished by you in the registration form is accurate, true and complete, and you will maintain and update such information during the term of this Agreement so that it will remain true, accurate, current and complete.
You, the User, will be solely and fully liable for all conduct, postings and transmissions that are made under your User name and password. You warrant and declare that while you are using ProvenTherapy.com you will act according to the following rules and agree to the following:
User will have the sole responsibility to verify the Therapist's identity, qualifications, credentials, biographic information, licenses held, and other information delivered to User by a Therapist;
In addition, ProgCare Limited cannot and will not make any effort to verify the identity, qualifications, credentials, biographic information and any of information regarding any of the Therapists;
ProgCare Limited is not involved in any transactions between User and Therapist. ProgCare Limited does not control the quality, relevance or accuracy of the advice, whether the Therapist is qualified to provide the specific advice, whether the Therapist is categorized correctly or in the most appropriate category to provide the advice sought by the User, the accuracy of any postings on the Site or any transmissions through it by Users or Therapists.;
User agrees that any information or content that he or she posts or transmits or receives through the Site will not be considered confidential. User grants ProgCare Limited an unlimited, irrevocable, royalty-free license to use, reproduce, display, edit, copy, transmit, publicly perform, create derivative works, or communicate to the public any such information and content on a world-wide basis.
All interactions between User and Therapist will be billed through the Company regardless if the interaction is online or offline. User agrees to abide by the pricing terms agreed upon with a Therapist while utilizing ProvenTherapy.com and to pay the Company for all services rendered to User by Therapists;
User will not take any actions that may undermine, disrupt or manipulate the integrity of the User feedback (rating) system on the Site. Currently only ratings for paid sessions will count towards the Therapist's public ratings and rating average. ProgCare Limited also reserves the right to exclude without explanation any rating that we think may compromise the integrity of the member feedback system.
User will not to interfere with or disrupt the ProvenTherapy.com servers or networks connected to the Site;
User will not attempt to gain unauthorized access to other computer systems or networks connected to the Site, and will not transmit “junk mail”, “spam”, or any unsolicited mass distribution of email or bulletin board postings;
User will not transmit through the Service any unlawful, harassing, libellous, privacy invading, abusive, threatening, defamatory, vulgar, obscene, racist, harmful, or otherwise objectionable material of any kind;
User will not disobey or breach this Agreement or any other applicable instructions conveyed by the Company;
User will not violate any applicable local, state, national or international law, statute, ordinance, rule, regulation or ethical code;
User will not upload, post, e-mail, transmit or otherwise make available: (A) any information or material that infringes upon a third party right, especially intellectual property rights; (B) any third party advertisements, including banner exchange services; (C) any software viruses, Trojan horses, worms or any other malicious application or (D) any information or material which may constitute or encourage conduct that is a criminal offense or civil wrong or otherwise violates any applicable law;
ProvenTherapy.com enables the transfer of files between Users and Therapists. When opening such file attachments received from Therapists it is the User's responsibility to scan them with an anti-virus software application prior to opening them;
User will not impersonate any person or entity, or make any false statement regarding his or her employment, agency or affiliation with any person or entity;
User will not stalk, threaten or harass Therapists or other Users or infringe upon or attempt to infringe upon their privacy; and;
ProgCare Limited may review the User's personal profile and amend any typing or spelling errors. ProgCare Limited cannot and will not examine the validity or accuracy of the details in the User's personal profile or in any of the User's postings or transmissions. However, the Company may, in its absolute discretion, refuse to post, transmit or remove any content uploaded by the User. Without derogating from the above, the Company may remove any content violating this Agreement. The User will bear all the risks associated with the uploading and transmitting of material while utilizing ProvenTherapy.com, including reliance on its accuracy, reliability or legality.
User and Service Fees
ProgCare Limited will use reasonable efforts to process the payments due from the User according to the terms agreed upon between User and a Therapist.
User is obligated to report to ProgCare Limited in cases when he or she was billed directly by a Therapist (i.e. not through ProvenTherapy.com or through the Company). Such report should include a description of the service that was rendered by the Therapist and the price charged.
ProgCare Limited's billing system is not fault-free or flexible though the Company has taken every possible step to make it error free as much as possible; therefore the Company shall not be liable for any problems, miscalculations or malfunctions in processing the payments owed by the User. If the User thinks that a mistake has occurred he or she may send his or her complaint to accounts@ProvenTherapy.com. As we follow the highest ethical standards, we will try our best to resolve any such complaints that is possible within our capacity.
Payment Processing and Refunding
User can deposit money into his/her ProvenTherapy (PT) account through Credit/Debit Card or through PayPal. Credit Card will be processed by Stripe. For credit card payment, a processing fee of 3.5% will be charged. For PayPal payments, the processing fee will be 4.5%. This processing fee will not be refunded at any circumstances.
User can request a refund of unused money in his/her PT account anytime. Refund will be processed within 2 working days in normal circumstances. If refund is requested after 7 days of the deposit, then, the user will have to pay the transfer fee. If the deposit is made through PayPal or through credit/debit card, the user will be charged a transfer fee of 3.5% or 4.5% respectively. If the user is requesting a cheque payment, the Company will charge a transaction fee of $10. Cheque payments will be made in UK Pound Sterling only as per the day's market rate. If the user is requesting wire transfer, the user will have to bear the bank charges. Our Admin will advise the wire transfer charges after checking with the banks because this tranfer fee will be different for different countries/regions.
User Name and Password
When you, the User, create and open an account with ProvenTherapy.com, you will be asked to provide a User name and password. You are entirely responsible for maintaining the confidentiality of your password and User name and any other security information related to your account. You will be fully responsible for all activities that occur under your account, User name or password. You may not use the username or password of someone else at any time. You will immediately notify the Company of any unauthorized use of user's password, user name, e-mail, or any other breach of security. ProgCare Limited encourages User to change their password at least once a month. ProgCare Limited will not be liable for any loss that you incur as a result of someone else using your account or your password, either with or without your knowledge. You may be held liable for any losses incurred by the Company due to someone else’s use of your account or password.
User does not have to furnish the information required for registration to ProvenTherapy.com. However, without that information User will not be able to use the services of ProvenTherapy.com. ProgCare Limited is the sole owner of the information collected on this Site. ProgCare Limited will not sell, share, or rent this information to others in ways different from what is disclosed in this Agreement. By consenting to this Agreement, you agree and acknowledge that the Company may collect, process, and transfer any information, private or otherwise, so long as the Company does so for the purpose for which it was collected.
In order to use ProvenTherapy.com, both Users and Therapists must first complete a registration form. During registration the User is requested to furnish contact information, such as name and email address. This information may be used to contact the User about the services on ProvenTherapy.com in which he or she has expressed interest, and is also used as User's login information. User may be asked to provide additional personalized information (such as experience and qualifications, areas of interest, profession, education, etc.) and unique identifiers (such as a screen name), so the Site may provide a more personalized experience on the Site. In such case the User may decide whether he or she wishes to provide such information or not.
The information furnished by the User during the registration process will be kept in the Company's database. ProgCare Limited will use reasonable means to protect the integrity and safety of the database. However, such means are not fault-proof and the Company will therefore not be liable for any direct, indirect, consequential or incidental damage that the User may sustain due to unauthorized intrusion of the database. User consents to ProgCare Limited collecting and processing User’s personal information for normal business use by ProgCare Limited.
ProgCare Limited does not screen or edit the content of communications between Therapists and Users, but the Company may copy, transmit and review communications conducted by or through ProvenTherapy.com for technical support and/or in order to uphold the terms of this Agreement. Such communications are confidential, personal and private. Currently, email communications between the User and ProvenTherapy.com servers are encrypted. However, any phone communications, if made during emergencies, are not encrypted and thus may be more susceptible to unauthorized monitoring.
USER OF PROVENTHERAPY.COM IS PROHIBITED FROM EXCHANGING HIS/HER CONTACT INFORMATION DIRECTLY TO THE THERAPIST UNDER ANY CIRCUMSTANCE. ANY COMMUNICATION TO THE THERAPIST SHOULD ONLY BE DONE THROUGH PROVENTHERAPY.COM PLATFORM AND MEMBER OR THERAPIST SHOULD NOT ENTER HIS/HER CONTACT DETAILS THROUGH THE MESSAGE BODY. Any communication between User and Therapist including live chat, telephone, email, offline communication, etc. may be recorded for training and quality purposes.
ProvenTherapy.com Use of Data
ProvenTherapy.com uses IP addresses to analyze trends, administer the site, track a User's movement, and gather broad demographic information for aggregate use. IP addresses are also linked to personally identifiable information in order to improve the User's experience when using the Site. ProgCare Limited may also retain any emails, letters, or other correspondence between the User and the Company to ensure quality control and the best possible service, although it has no obligation to do so.
ProgCare Limited may use the information furnished by the User, as well as information that it collects regarding use patterns and transactions that are conducted through ProvenTherapy.com, in order to improve ProvenTherapy.com, to analyze statistical information regarding ProvenTherapy.com, and to furnish such statistics to third parties, including advertisers. Information furnished to third parties will not identify the User personally.
ProgCare Limited may from time to time send e-mail advertisements to Users, whether the material is its own or is commercial information furnished by third parties. User is given the opportunity to 'opt-out' of having his or her information used for purposes not directly related to ProvenTherapy.com at the point when the Company asks for such information. ProvenTherapy.com's registration form has an 'opt-out' mechanism to allow for removal from newsletters, promotions, etc., and Users can always choose to 'opt-out' by following the appropriate procedure from within the User's ProvenTherapy account.
Ratings and testimonials provided by Users on ProvenTherapy.com are public and are identified by the User's Screen Name. If the User elects to use ProvenTherapy's referral service for informing a friend about the Site, ProvenTherapy asks the User for the friend's name and email address. The Site will automatically send the friend a one-time email inviting them to visit the Site. ProvenTherapy stores this information for the sole purpose of sending this one-time email. The friend may contact ProgCare Limited to request the removal of this information from its database.
ProgCare Limited reserves the right to partner with another party to provide specific services. When the User signs up for these services, ProgCare Limited will share names, or other contact information that is necessary for the third party to provide these services. These parties are not allowed to use personally identifiable information except for the purpose of providing these services or as otherwise specified in the registration process for such services.
ProgCare Limited may, in its discretion, create co-branded web sites with its partners. In such case, the User listings may appear in the co-branded site. Unless User agrees otherwise, all personally identifiable information is stored solely by the Company. ProgCare Limited does track and record an affiliate web site from which a visitor has linked to ProvenTherapy.com. If a visitor registers to become a Therapist and/or a User, the Company may track the partner website's name in order to further the relationships the Company has with its affiliates.
If a User wishes to update his or her personally identifiable information, such as a mailing address, or if a User no longer desires the Company's service, ProgCare Limited will endeavour to provide a way to correct, update or opt-out of any of the Company's services. This can usually be done from within the User's ProvenTherapy.com account, or by emailing our Customer Support.
If the User has any questions about the Company's privacy statement, the practices of ProvenTherapy.com, or your dealings with ProgCare Limited, please contact ProvenTherapy's service department at email@example.com
Approved ProvenTherapist Badge
The 'Approved ProvenTherapist' badge given to Therapists is only to indicate that the Therapist has sought permission from ProgCare Limited in order to provide service through ProvenTherapy.com. This badge does not indicate that the Company has verified Therapist's qualifications and credentials through academic or legal protocols. Hence, User should independently verify the qualifications, experience and credentials of any Therapist engaged by User.
ProgCare Limited may include in ProvenTherapy.com advertisements on its own behalf or paid advertisements on behalf of interested companies and/or individuals. By clicking on the advertisements, the User may be shifted to a web site of the advertiser or receive other messages, information or offers from the advertiser.
The User acknowledges and agrees that ProgCare Limited is not liable for the privacy practices of advertisers or the content of their web sites, information, messages or offers. The User is wholly liable for all communications with advertisers and for all transactions subsequently executed.
Modifications and Termination of ProvenTherapy.com
ProgCare Limited reserves the right to modify or discontinue, temporarily or permanently, the services in ProvenTherapy.com, with or without notice to User. User agrees that ProgCare Limited shall not be liable to User or any third party for any modification or discontinuance of ProvenTherapy.com's services, or for any losses or damages that may result to User from such discontinuation or interruption of service.
ProgCare Limited's services depend on various factors such as software, hardware and communications networks of the Company, its contractors and suppliers. Hence, the Company cannot guarantee that ProvenTherapy.com's service will be uninterrupted or that it will be timely, secure or error-free.
the Company, in its sole discretion and for any reason, may terminate User's participation in ProvenTherapy.com and refuse any and all current or future use by User of ProvenTherapy.com.
the Company is the sole owner of all the intellectual property, and in particular the copyright, trademarks, database and patents, in ProvenTherapy.com and in any software, application, graphics, text and other materials used therein, including the organization and selection of the materials contained therein.
ProvenTherapy.com contains copyrighted material, trade secrets and proprietary information owned by the Company. This Agreement does not grant the User any rights to patents, copyrights, trade secrets, trade names, trademarks (whether registered or unregistered), domain names or any other rights, functions or licenses in respect of ProvenTherapy.com. The User may not create derivative software based upon any trade secret, intellectual property or proprietary information of the Company. Furthermore, the User may not sub-license, assign, transfer, sell or make any other commercial use of his or her membership in ProvenTherapy.com.
The User may not adapt or use any trademark or trade name, domain name similar to or likely to be confused with that of ProgCare Limited's and ProvenTherapy.com, or take any other action that infringes upon or impairs the Company's trademark rights.
ProgCare Limited shall retain all ownership in and to ProvenTherapy.com and all content displayed on ProvenTherapy.com, including copies of data transferred or received by User through the Site.
ProgCare Limited respects the intellectual property of others, and we ask our Users to do the same. ProgCare Limited may, in appropriate circumstances and at its discretion, terminate the account or
access of Users who infringe the intellectual property rights of others.
If you believe that your work has been copied in a way that constitutes copyright infringement, please write to the Company to firstname.lastname@example.org and provide the following information:
• 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, including the URL (web page address) of the location where the copyrighted work exists or a copy of the copyrighted work;
• a description of where the material that you claim is infringing is located on the Site, including the URL;
• your address, telephone number, and email address;
• a statement by you that you have a good faith belief that the disputed use is not authorized by the copyright owner, its agent, 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.
ProgCare Limited grants User a nonexclusive, revocable right to use the Site provided that User does not copy, modify, create a derivative work of, reverse engineer or otherwise attempt to discover any source code thereof, or breach this Agreement.
User shall indemnify, defend and hold harmless ProgCare Limited, and its employees, representatives, agents and affiliates against any and all losses, damages, suits, judgments, costs and expenses (including litigation costs and reasonable attorneys' fees) arising out of or in connection with any claim, suit, action, or other proceeding brought against the Company or such party, to the extent that such claim, suit, action or other proceeding is based on or arises from: (a) any breach of any representation, warranty, covenant or agreement to be performed by User according to this Agreement; (b) User's refusal to pay for services provided by any Therapist; or (c) any materials that User had posted to ProvenTherapy.com or transmitted through it, and/or any content on User's Web site or otherwise provided by User.
Any notice or other communication to be given hereunder will be in writing and given by electronic mail. The date of receipt shall be deemed the date on which such notice is given.
User shall not assign his or her rights and obligations according to this Agreement, in whole or in part, whether voluntarily or by operation of law, without the prior, written consent of ProgCare Limited. Any purported assignment by User without the appropriate prior written approval will be null and void and of no force or effect.
Modifications to this Agreement
ProgCare Limited may change this Agreement or any part hereof at any time according to its absolute discretion and without any prior notice. Therefore, User is encouraged to check the terms of this Agreement frequently. By using the service or Site after the changes, User agrees to be bound by such changes to this Agreement.
Nothing in this Agreement shall be construed as making either party the partner, joint venture, agent, legal representative, employer or employee of the other. Neither party shall have, or hold itself out to any third party as having, any authority to make any statements, representations or commitments of any kind, or to take any action that shall be binding on the other, except as provided for herein or authorized in writing by the party to be bound. This Agreement shall be interpreted only in accordance with the laws of the Republic of Ireland (excluding any rules governing choice of laws), and any legal proceeding arising out this Agreement will occur exclusively in the courts located in the Republic of Ireland. This Agreement will be binding and will inure to the benefit of the legal representatives, successors and assigns of the parties hereto. This Agreement (and the
policies referenced herein and incorporated by reference) constitutes the entire agreement between
ProgCare Limited and User with respect to the subject matter hereof, and User has not relied upon any promises or representations by ProgCare Limited with respect to the subject matter except as set forth herein.
No amendment to this Agreement will be effective unless made in writing. The paragraph headings herein are solely for the sake of convenience and will not be applied in the interpretation hereof. If any provision of this Agreement is held by a court of competent jurisdiction to be illegal, invalid, unenforceable, or otherwise contrary to law, the remaining provisions of this Agreement will remain in full force and effect.
The User may report any violation of this Agreement to email@example.com. Last Updated: 9 October, 2016.