Last Revised: August 22, 2017
This web page represents a legal document and is the Terms of Service and Use Agreement (“Agreement”) for our website, eugene-counselor.com (“Website”), as owned and operated by DTSC, LLC (“DTSC”). By using the Website, you agree to fully comply with and be bound by the following Agreement each time you use our Website. Please review the following terms carefully.
DTSC provides the Website as a service for those interested in working with a mental health care provider (therapists, counselors, marriage and family therapists, social workers, psychologists, psychiatrists, etc.).
Disclaimer of Purpose and Use
(A) THE INFORMATION PROVIDED BY DTSC, LLC ON THIS WEBSITE IS FOR INFORMATIONAL AND EDUCATIONAL PURPOSES ONLY. THIS WEBSITE IS NOT INTENDED TO BE A SUBSTITUTE FOR PROFESSIONAL ADVICE, SPECIFIC THERAPEUTIC ADVICE, DIAGNOSIS, TREATMENT, MEDICAL TREATMENT, PSYCHOTHERAPY, COUNSELING, OR MENTAL HEALTH SERVICES. THERE IS NO INTENT FOR DTSC, LLC OR THIS WEBSITE TO OFFER SPECIFIC PSYCHOLOGICAL ADVICE TO ANY PERSON.
(B) NO THERAPEUTIC OR PROFESSIONAL RELATIONSHIP IS ESTABLISHED BY YOUR REVIEW OF MATERIAL ON AND/OR USE OF THIS WEBSITE.
(C) THE INFORMATION CONTAINED ON THIS WEBSITE SHOULD ONLY BE USED BY YOU IN CONSULTATION WITH A QUALIFIED MENTAL HEALTH PROFESSIONAL THAT YOU ENGAGE FOR CONSULTATION AND/OR TREATMENT. ALWAYS SEEK THE ADVICE OF YOUR PHYSICIAN OR OTHER QUALIFIED HEALTH PROVIDER WITH ANY QUESTIONS YOU MAY HAVE REGARDING ANY MENTAL HEALTH SYMPTOM OR MEDICAL CONDITION. NEVER DISREGARD PROFESSIONAL PSYCHOLOGICAL OR MEDICAL ADVICE OR DELAY IN SEEKING IT BECAUSE OF SOMETHING YOU HAVE READ ON THIS WEBSITE.
(D) YOU UNDERSTAND THAT THIS WEBSITE IS NOT INTENDED FOR CRISIS SITUATIONS AND URGENT NEEDS. IF YOU ARE FEELING SUICIDAL OR HAVING SUICIDAL THOUGHTS, OR ARE THE VICTIM OF ABUSE OR ANY TYPE OF DOMESTIC VIOLENCE, OR ARE IN A CRISIS SITUATION, YOU AGREE TO CALL 911 OR LOCAL EMERGENCY SERVICES, OR VISIT THE NEAREST EMERGENCY ROOM.
Disclaimer of Liability
Every effort has been made to offer the most current, correct, and clearly expressed information possible. Nevertheless, inadvertent errors in information may occur. In particular but without limiting anything here, DTSC disclaims any responsibility for typographical errors and accuracy of the information that may be contained on our Website. DTSC also reserves the right to make changes at any time without notice.
The information and data included on this Website have been compiled from a variety of sources, and are subject to change without notice. DTSC makes no warranties or representations whatsoever regarding the quality, content, completeness, or adequacy of such information and data. In any situation where DTSC’s official documents differ from the text contained in this system, the official printed documents takes precedence.
If misleading, inaccurate or otherwise inappropriate information is brought to our attention, a reasonable effort will be made to fix or remove it.
Disclaimer of Reliability
DTSC makes no representations or warranties regarding the condition or functionality of this Website, its suitability for use, or that this Website will be uninterrupted or error-free.
Disclaimer of Damages
By using this Website, you assume all risks associated with the use of the Website including any risk to your computer, software or data being damaged by any virus, software, or any other file which might be transmitted or activated via the Website or your access to it. DTSC shall not be liable for any special, incidental, or consequential damages, including, without limitation, lost revenues, or lost profits, resulting from the use or misuse of the information contained in the Website.
Disclaimer of Endorsement
Reference herein to any specific commercial products, process, or service by trade name, trademark, manufacturer, or otherwise, does not necessarily constitute or imply its endorsement, recommendation, or favoring by DTSC. The views and opinions of authors expressed herein do not necessarily state or reflect those of DTSC, and shall not be used for advertising or product endorsement purposes.
You understand that at the beginning of therapy, U.S. Federal HIPAA law requires that an independently practicing clinician present each client with a notice of privacy policies. You are hereby informed that it is the responsibility of your clinician using the Website to provide you with such a document as well as to obtain your consent for use of unencrypted email as a source of communication. Because links to various sections of this Website can be sent to you using an email address, this consent should be obtained prior to the link being provided. This Website has been developed to be compliant with HIPAA regulations. This website has been developed with reasonable security standards, including the use of SSL encryption to secure the connection.
Authorization for Electronic Communication
As a convenience to you, you hereby request that DTSC communicate with you via electronic communications (unencrypted e-mail or text message). You understand that this means DTSC, LLC and/or your treating providers may transmit your protected health information such as information about your appointments, diagnosis, medications, progress and other individually identifiable information about your treatment to you via electronic communications.
You understand there are risks inherent in the electronic transmission of information by unencrypted e-mail, on the internet, via text message, or otherwise, and that such communications may be lost, delayed, intercepted, corrupted or otherwise altered, rendered incomplete or fail to be delivered. You further understand that any protected health information transmitted via electronic communications pursuant to this authorization will not be encrypted. As the electronic transmission of information cannot be guaranteed to be secure or error-free and its confidentiality may be vulnerable to access by unauthorized third parties, DTSC, LLC shall not have any responsibility or liability with respect to any error, omission, claim or loss arising from or in connection with the electronic communication of information by DTSC, LLC to you.
After being provided notice of the risks inherent in use of electronic communications, you hereby expressly authorize DTSC, LLC to communicate electronically with you, which may include the transmission of your protected health information electronically. You understand that in the event you no longer wish to receive electronic communications from DTSC, LLC, you may revoke this authorization by providing written notice to DTSC at the address listed below.
You agree that DTSC, LLC may communicate with you electronically unless and until you revoke this authorization by submitting notice to DTSC, LLC in writing. This authorization does not allow for electronic transmission of your protected health information to third parties and you understand you must execute a separate authorization for your protected health information to be disclosed to third parties.
By using this Website, you hereby authorize the transmission of your protected health information electronically as described above.
(A) DTSC cannot and does not provide any warranties related to the information contained in or resulting services from any of the mental health care providers (therapists, counselors, psychologists, social-workers, marriage and family therapists, and other health providers). Information accessed through the the Website is provided “AS IS” and without any warranty.
(B) DTSC does not warrant the competence of any mental health care provider. DTSC does not warrant that the mental health care providers are currently or properly licensed. Please contact your State Professional Licensing Board to verify the licensure of a provider. In no event shall DTSC be liable for damages to any user of the Website.
(C) DTSC shall have the right at any time to change or discontinue any aspect or feature of the Website, including, but not limited to, content, hours of availability, and equipment needed for access or use.
(D) This Agreement, which incorporates by reference other provisions applicable to use of the Website, sets forth the terms and conditions that apply to the use of the Website. By using the Website, you agree to comply with all of the terms and conditions hereof. The right to use the Website is personal to you and is not transferable to any person or entity.
DTSC shall have the right at any time to change or modify the terms and conditions applicable to use of the Website, or any part thereof, or to impose new conditions, including, but not limited to, adding or increasing fees and charges for use. Such changes, modifications, additions or deletions shall be effective immediately upon notice, which may be given by any means including, but not limited to, posting on the Website, or by electronic or conventional mail, or by any other means by which you obtains notice thereof. Any use of the Website by you after such notice shall be deemed to constitute acceptance by you of such changes, modifications or additions.
Disclaimer of Warranty; Limitation of Liability
(A) YOU EXPRESSLY AGREE THAT USE OF THIS SITE IS AT YOUR SOLE RISK. Neither this Website, its owners, affiliates nor any of their respective officers, directors, employees, agents, third party content providers or licensers warrant that this Website will be uninterrupted or error free; nor do they make any warranty as to the results that may be obtained from use of this Website, or as to the accuracy, reliability or content of any information, service, or merchandise provided through this Website.
(B) This website is provided on an “as is” basis without warranties of any kind, either express or implied, including, but not limited to, warranties of title or implied warranties of merchant ability or fitness for a particular purpose, other than those warranties which are implied by and incapable of exclusion, restriction or modification under the laws applicable to the Terms.
(C) You specifically acknowledge that DTSC is not liable for the defamatory, offensive or illegal conduct of other individuals or third-parties and that the risk of injury from the foregoing rests entirely with you.
(D) In no event will DTSC, or any person or entity involved in creating, producing or distributing this Website, be liable for any damages, including, without limitation, direct, indirect, incidental, special, consequential or punitive damages arising out of the use of or inability to use this Website. You hereby acknowledge that the provisions of this section shall apply to all content on the Website.
(E) In addition to the foregoing, neither DTSC, nor its owners, affiliates, information providers, or content partners shall be liable regardless of the cause or duration, for any errors, inaccuracies, omissions, or other defects in, or untimeliness or unauthenticity of, the information contained within the Website, or for any delay or interruption in the transmission thereof to you, or for any claims or losses arising therefrom or occasioned thereby.
You agree that to the fullest extent allowed by law, you shall indemnify and hold harmless DTSC, LLC, its owners, affiliates and their respective directors, officers, employees, contractors, and agents from any and all claims, liabilities, damages, costs and expenses, including reasonable attorneys’ fees, in any way arising from or related to your use of the Website.
You agree that any dispute or claim regarding this Agreement will be resolved exclusively through final, binding and confidential arbitration before a single arbitrator pursuant to the Oregon Uniform Arbitration Act, taking place in Lane County, rather than in court.
Class Action Waiver
Any proceedings to resolve or litigate any dispute will be conducted solely on an individual basis. You agree not to have any dispute heard as a class action, a representative action, a collective action, a private attorney-general action or in any proceeding. You agree not to join, consolidate or combine with another arbitration or proceeding.
Copyright and Trademark
This Website and each of its logos are trademarks and/or the sole property of DTSC. All rights are reserved. All other trademarks appearing on the Website are the property of their respective owners. Your use of the Website does not grant you right or license to use any logos or trademarks as found herein.
Third Party Content
In some cases, DTSC is a distributor (and not a publisher) of content supplied by third parties. Accordingly, there are some cases in which DTSC has no more editorial control over such content than does a public library, bookstore, or newsstand. Any opinions, advice, statements, services, offers, or other information or content expressed or made available by third parties, including information providers, or any other user of the Website, are those of the respective author(s) or distributor(s) and not of DTSC.
Under no circumstances will DTSC be liable for any loss or damage caused by your reliance on information obtained through the Website. It is your responsibility to evaluate the accuracy, completeness or usefulness of any information, opinion, advice or other content available through the Website. Please seek the advice of professionals, as appropriate, regarding the evaluation of any specific information, opinion, advice or other content.
This Website is not intended or designed to attract persons under the age of 18. DTSC does not collect information from any person know to be under the age of 18.
This Agreement, the Website and its content are governed by the laws of the State of Oregon, without regard to its conflict of law principles. The City of Eugene, in which the business represented by this Website is located, shall be the forum for any legal action relating to the Website or its content. Any cause of action must be instituted within one (1) year after the cause of action arose or be forever waived and barred. Should any part of the Agreement be held invalid or unenforceable, that portion shall be construed consistent with applicable law and the remaining portions shall remain in full force and effect. To the extent that any Website content is in conflict or inconsistent with the Agreement, the Agreement shall take precedence. The failure of the Website to enforce any provision or right as found in the Agreement will not constitute a waiver of such provision or right. The use of section headings in the Agreement is merely for convenience and in no way limits or defines how the Agreement should be construed. The Agreement and any operating rules for the Website constitute the entire agreement of the parties with respect to the subject matter hereof, and supersede all previous written or oral agreements between the parties with respect to such subject matter.
1598 Pearl St., Suite 2
Eugene, OR 97401-4605