Effective Date: May 6, 2019
We provide the Site 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.) and for those interested in scheduling an appointment with David Lechnyr, LCSW, ACSW.
Disclaimer of Warranty; Limitation of Liability
YOU EXPRESSLY AGREE THAT USE OF THIS SITE IS AT YOUR SOLE RISK. Neither this Site, its owners, affiliates nor any of their respective officers, directors, employees, agents, third party content providers or licensers warrant that this Site will be uninterrupted or error free; nor do they make any warranty as to the results that may be obtained from use of this Site, or as to the accuracy, reliability or content of any information, service, or merchandise provided through this Site.
THE SITE AND ALL INFORMATION THEREIN ARE PROVIDED “AS IS” AND EXPRESS AND IMPLIED WARRANTIES AND REPRESENTATIONS OF ANY KIND, INCLUDING ANY IMPLIED WARRANTY OF MERCHANTABILITY, FITNESS FOR ANY PARTICULAR PURPOSE, OR QUALITY, ACCURACY, COMPLETENESS AND/OR SUITABILITY ARE DISCLAIMED.
In no event will we, or any person or entity involved in creating, producing or distributing this Site, 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 Site. You hereby acknowledge that the provisions of this section shall apply to all content on the Site.
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 Site 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 Site can be sent to you using an email address, this consent should be obtained prior to the link being provided. This Site 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
You hereby request that we communicate with you via electronic communications (unencrypted e-mail or text message) if you: a) Scheduling an appointment using the online calendar system, and/or b) Contact us by text, email, or though the Site. You understand that this means we 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, we 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 us to you.
After being provided notice of the risks inherent in use of electronic communications, you hereby expressly authorize us 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 us, you may revoke this authorization by providing written notice to us.
You agree that we may communicate with you electronically unless and until you revoke this authorization by submitting notice to us 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 Site in the manner as described above, you hereby authorize the transmission of your protected health information electronically as described above.
We cannot and do not provide any warranties related to the information contained in or resulting services from us. Information accessed through the the Site is provided “AS IS” and without any warranty.
We shall have the right at any time to change or discontinue any aspect or feature of the Site, including, but not limited to, content, hours of availability, and system requirements needed for access or use.
This Agreement, which incorporates by reference other provisions applicable to use of the Site, sets forth the terms and conditions that apply to the use of the Site. By using the Site, you agree to comply with all of the terms and conditions hereof. The right to use the Site is personal to you and is not transferable to any person or entity.
We shall have the right at any time to change or modify the terms and conditions applicable to use of the Site, 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 Site, or by electronic or conventional mail, or by any other means by which you obtains notice thereof. Any use of the Site by you after such notice shall be deemed to constitute acceptance by you of such changes, modifications or additions.
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 Site.
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 Site and each of its logos are trademarks and/or the sole property of DTSC, LLC. All rights are reserved. All other trademarks appearing on the Site are the property of their respective owners. Your use of the Site does not grant you right or license to use any logos or trademarks as found herein.
Third Party Content
In some cases, we are a distributor (and not a publisher) of content supplied by third parties. Accordingly, there are some cases in which we 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 Site, are those of the respective author(s) or distributor(s) and not of DTSC, LLC.
Under no circumstances will we be liable for any loss or damage caused by your reliance on information obtained through the Site. It is your responsibility to evaluate the accuracy, completeness or usefulness of any information, opinion, advice or other content available through the Site. Please seek the advice of professionals, as appropriate, regarding the evaluation of any specific information, opinion, advice or other content.
This Site is not intended or designed to attract persons under the age of 18. We do not collect information from any person know to be under the age of 18.
This Agreement, the Site 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 Site is located, shall be the forum for any legal action relating to the Site 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 Site content is in conflict or inconsistent with the Agreement, the Agreement shall take precedence. The failure of the Site 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 Site 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.