HomePsych Terms of Service Agreement
Last updated: March 4th. 2008
1. What the Service Agreement covers.
This is a Service Agreement between you and Iconic Health, LLC for use by residents in the United States. Sometimes Iconic Health is referred to as “we,” “us” or “our.” This Service Agreement applies to the HomePsych application site at www.homepsych.com, which is referred to in this Service Agreement as the “Service.” These terms do not apply to the third party services or work not provided through the Service by Iconic Health, LLC. This applies to your use of the Service including updates that you use while this Service Agreement is in force.
Please note that we do not provide warranties for the Service. The Service Agreement also limits our liability. The terms are in sections 11, 12 and 13 and we ask you to read them carefully.
2. How you may use the Service.
In using the Service, you will:
- obey the law;
- obey any codes of conduct or other notices we provide;
- obey all HIPAA guidelines associated with using the Service;
- obey the HomePsych Privacy Policy;
- keep your Service account password secret; and
- promptly notify us if you learn of a security breach related to the Service.
- be 18 years or older to use this Service.
- be a human. Accounts registered by “bots” or other automated methods are not permitted.
- provide your legal full name, a valid email address, and any other information requested in order to complete the signup process.
- Insure your login is only used by one person – a single login shared by multiple people is not permitted. You may create separate logins for as many people as you'd like to pay for.
- be responsible for maintaining the security of your account and password. Iconic Health cannot and will not be liable for any loss or damage from your failure to comply with this security obligation.
- be responsible for all Content posted and activity that occurs under your account (even when Content is posted by others who have accounts under your account).
3. How you may not use the Service.
In using the Service, you may not:
- use the Service in a way that harms us or our affiliates, resellers, distributors, and/or vendors (collectively, the “Iconic Health parties”), or any customer of an Iconic Health party;
- use any portion of the Service as a destination linked from any unsolicited bulk messages or unsolicited commercial messages (“spam”);
- use any unauthorized third party software or service to access the HomePsych system (currently known as homepsych.com);
- use any automated process or service (such as a BOT, a spider, periodic caching of information stored by HomePsych, or “meta-searching”) to access and/or use the Service;
- use any unauthorized means to modify or reroute, or attempt to modify or reroute, the Service;
- damage, disable, overburden, or impair the Service (or the network(s) connected to the Service) or interfere with anyone’s use and enjoyment of the Service; or
- resell or redistribute the Service, or any part of the Service.
- if you are using a free account you are not permitted to block ads.
- one person or legal entity may not maintain more than one free account.
- you may not use the Service for any illegal or unauthorized purpose. You must not, in the use of the Service, violate any laws in your jurisdiction (including but not limited to copyright laws).
4. Payment, Refunds, Upgrading and Downgrading Terms
- A valid credit card is required for paying accounts. Free accounts are not required to provide a credit card number.
- If you initially sign up for a free trial account, and you don't cancel that account within 30 days, you will be billed monthly starting on the 30th day after your account was initially created. If you cancel prior to the processing of your first invoice on the 30th day, you will not be charged.
- An upgrade from the free 1-client plan to any paying plan will end your free trial. You will be billed for your first month immediately upon upgrading.
- The Service is billed in advance on a monthly basis and is non-refundable. There will be no refunds or credits for partial months of service, upgrade/downgrade refunds, or refunds for months unused with an open account. In order to treat everyone equally, no exceptions will be made.
- All fees are exclusive of all taxes, levies, or duties imposed by taxing authorities, and you shall be responsible for payment of all such taxes, levies, or duties, excluding only United States (federal or state) taxes.
- For any upgrade or downgrade in plan level, your credit card that you provided will automatically be charged the new rate on your next billing cycle.
- Downgrading your Service may cause the loss of Content, features, or capacity of your Account. Iconic Health does not accept any liability for such loss.
5. Cancellation and Termination
- You are solely responsible for properly canceling your account. An email or phone request to cancel your account is not considered cancellation. You can cancel your account at any time by clicking on the Account link in the global navigation bar at the top of the screen. The Account screen provides a simple no questions asked cancellation link.
- All of your Content will be immediately deleted from the Service upon cancellation. This information can not be recovered once your account is cancelled.
- If you cancel the Service before the end of your current paid up month, your cancellation will take effect immediately and you will not be charged again.
- Iconic Health, in its sole discretion, has the right to suspend or terminate your account and refuse any and all current or future use of the Service, or any other Iconic Health service, for any reason at any time. Such termination of the Service will result in the deactivation or deletion of your Account or your access to your Account, and the forfeiture and relinquishment of all Content in your Account. Iconic Health reserves the right to refuse service to anyone for any reason at any time.
6. Modifications to the Service and Prices
- Iconic Health reserves the right at any time and from time to time to modify or discontinue, temporarily or permanently, the Service (or any part thereof) with or without notice.
- Prices of all Services, including but not limited to monthly subscription plan fees to the Service, are subject to change upon 30 days notice from us. Such notice may be provided at any time by posting the changes to the HomePsych Site (www.homepsych.com) or the Service itself.
- Iconic Health shall not be liable to you or to any third party for any modification, price change, suspension or discontinuance of the Service.
7. Copyright and Content Ownership
- We claim no intellectual property rights over the material you provide to the Service. Your profile and materials uploaded remain yours. However, by setting your pages to be shared publicly, you agree to allow others to view and share your Content.
- Iconic Health does not pre-screen Content, but Iconic Health and its designee have the right (but not the obligation) in their sole discretion to refuse or remove any Content that is available via the Service.
- The look and feel of the Service is copyright © 2005-2009 Iconic Health, LLC. All rights reserved. You may not duplicate, copy, or reuse any portion of the HTML/CSS or visual design elements nor reverse engineered component of the Service without express written permission from Iconic Health, LLC.
8. Privacy.
We consider your use of the Service to be private. However, we may access or disclose information about you, your account and/or the content of your communications, in order to:
- comply with the law or legal process served on us;
- enforce and investigate potential violations of this Service Agreement; including use of this Service to participate in, or facilitate, activities that violate the law; or
- protect the rights, property, or safety of HomePsych , its employees, its customers or the public. You consent to the access and disclosures outlined in this section.
- At all time HIPAA guidelines will be obeyed with regard to Service data.
We may use technology or other means to protect the Service, protect our customers, or stop you from breaching this Service Agreement. These means may include, for example, filtering to stop spam or increase security. These means may hinder or break your use of the Service.
In order to provide you the Service, we may collect certain information about Service performance, your machine and your Service use. We may automatically upload this information from your machine. This data will not personally identify you.
9. Software.
You will not disassemble, decompile, or reverse engineer any software or components or web files included in the Service, except and only to the extent that the law expressly permits this activity. The software is subject to United States export laws and regulations. You must comply with all domestic and international export laws and regulations that apply to the software. These laws include restrictions on destinations, end users and end use.
10. HomePsych user authentication.
We may provide you with credentials on our authentication system to use with the Service. This Service Agreement applies to you whenever you use the credentials you obtained with the Service. We may cancel or suspend your access to our authentication network for non payment of the Service invoice, as determined by us. If we cancel your credentials, your right to use our authentication system immediately ceases.
11. How we may change the Service Agreement.
We may change this Service Agreement in our discretion by posting new applicable terms and conditions. If you do not agree to the changes, then you must stop using the Service. If you do not stop using the Service, then your use of the Service will continue under the changed Service Agreement.
12. WE MAKE NO WARRANTY.
We provide the Service “as-is,” “with all faults” and “as available.” We do not guarantee the accuracy or timeliness of information available from the Service. HomePsych gives no express warranties, guarantees or conditions. You may have additional consumer rights under your local laws that this Service Agreement cannot change. We exclude any implied warranties including those of merchantability, fitness for a particular purpose, workmanlike effort and non-infringement.
13. LIABILITY LIMITATION.
You can recover from HomePsych only direct damages up to an amount you pay HomePsych for this Service. You cannot recover any other damages, including consequential, lost profits, special, indirect, incidental or punitive damages.
This limitation applies to anything related to:
- the Service,
- content (including code)
- viruses or other disabling features that affect your access to or use of the Service,
- incompatibility between the Service and other services, software and hardware,
- delays or failures you may have in initiating, conducting or completing any transmissions or transactions in connection with the Service in an accurate or timely manner, and
- claims for breach of this Service Agreement, breach of warranty, guarantee or condition, strict liability, negligence, or other tort.
It also applies even if:
- this remedy does not fully compensate you for any losses, or fails of its essential purpose; or
- HomePsych knew or should have known about the possibility of the damages.
Some states do not allow the exclusion or limitation of incidental or consequential damages, so the above limitations or exclusions may not apply to you.
14. Changes to the Service; If we cancel the Service.
We may change the Service or delete features at any time and for any reason. We may cancel or suspend your Service at any time. Our cancellation or suspension may be without cause and/or without notice. Upon Service cancellation, your right to use the Service stops right away.
15. Interpreting the Service Agreement.
All parts of this Service Agreement apply to the maximum extent permitted by law. A court may hold that we cannot enforce a part of this Service Agreement as written. If this happens, then you and we will replace that part with terms that most closely match the intent of the part that we cannot enforce. The rest of this Service Agreement will not change. This is the entire Service Agreement between you and us regarding your use of the Service. It supersedes any prior Service Agreement or statements regarding your use of the Service. If you have confidentiality obligations related to the Service, those obligations remain in force (for example, you may have been a beta tester). The section titles in the Service Agreement do not limit the other terms of this Service Agreement.
16. Assignment: No third-party beneficiaries.
We may assign this Service Agreement, in whole or in part, at any time with or without notice to you. You may not transfer to anyone else, either temporarily or permanently, any rights to use the service or any part of the service.
17. Claim must be filed within one year; Your notices to us.
Any claim related to this Service Agreement or the Service may not be brought unless brought within one year. The one-year period begins on the date when the claim first could be filed. If it is not filed, then that claim is permanently barred. This applies to you and your successors. It also applies to us and our successors and assigns. You may notify us as stated in the customer support or “Help” area for the Service. We do not accept e-mail notices.
18. Notices we send you; Consent regarding electronic information.
This Service Agreement is in electronic form. There may be information regarding the Service that the law requires us to send you. We may send you this information in electronic form. We may provide required information to you:
- by e-mail at the e-mail address you specified when you signed up for your Service;
- by access to a HomePsych web page that will be designated in an e-mail notice sent to you at the time the information is available; or
- by access to a HomePsych web page that will be generally designated in advance for this purpose.
Notices provided to you via e-mail will be deemed given and received on the transmission date of the e-mail. As long as you can access and use the Service, you have the necessary software and hardware to receive these notices. If you do not consent to receive any notices electronically, you must stop using the Service.
19. Service Agreement party, choice of law and location for resolving disputes.
This Service Agreement is between you and Iconic Health LLC in the United States. The Service Agreement is with Iconic Health LLC, 1141 South 7th Street
St. Louis, Missouri 63104, United States. Missouri state law governs the interpretation of this Service Agreement and applies to claims for breach of it, regardless of conflict of laws principles. All other claims, including claims regarding consumer protection laws, unfair competition laws, and in tort, will be subject to the laws of your state of residence in the United States. You and we irrevocably consent to the exclusive jurisdiction and venue of the state or federal courts in Boone County, Missouri USA for all disputes arising out of or relating to this Service Agreement.
NOTICES
Notices and procedure for making claims of copyright infringement
Under Title 17, United States Code, Section 512©(2), notifications of claimed copyright infringement should be sent to Service provider's designated agent. ALL INQUIRIES NOT RELEVANT TO THE FOLLOWING PROCEDURE WILL RECEIVE NO RESPONSE. See Notice and Procedure for Making Claims of Copyright Infringement.
Copyright and trademark notices
All contents of the Service are copyright Iconic Health and/or its suppliers, Iconic Health LLC, 1141 South 7th Street, St. Louis, Missouri 63104, United States. All rights reserved. Copyright and other intellectual property laws and treaties protect any software or content provided as part of the Service. We or our suppliers own the title, copyright, and other intellectual property rights in the software or content. HomePsych , HomePsych.com, Iconic Health LLC and IconicHealth.com products and services referenced herein may also be either trademarks or registered trademarks of Iconic Health in the United States and/or other countries. The names of actual companies and products mentioned herein may be the trademarks of their respective owners. The example companies, organizations, products, domain names, e-mail addresses, logos, people, places and events depicted herein are fictitious. No association with any real company, organization, product, domain name, e-mail address, logo, person, places or events is intended or should be inferred. Any rights not expressly granted herein are reserved. All rights reserved.
Support
Customer support is not offered for the Service, unless the materials we publish in connection with a particular Service specify that it includes customer support.
