Therapy Resource Network Terms of Service
Date of Last Revision: January 6, 2021
Welcome to the Therapy Resource Network! Therapeutic Technologies, Inc., a Nevada Corporation, dba Therapy Resource Network, provides its platform to you through its website and mobile applications (the “Platform”) and related services (the Platform, together with any new features and applications, the “Services”), subject to the following Terms of Service, as amended from time to time. For purposes of the following Terms of Service, “Therapy Resource Network,” “TRN,” “we,” “us,” “our,” and other similar terms, shall refer to Therapeutic Technologies, Inc., a Nevada Corporation, the party with whom you are contracting.
By clicking the “I Agree” button at therapyresourcenetwork.com (the “Website”) or by using the Therapy Resource Network Website or membership Services, you certify that you have read, are authorized to agree to on behalf of your organization, and do hereby agree to, the terms of service set forth in the below document (the “Terms of Service” or “Terms”).
ARBITRATION, JURY TRIAL, AND CLASS ACTION WAIVER: EXCEPT AS OTHERWISE DESCRIBED IN THE DISPUTES SECTION BELOW, BY USING THE SERVICES, YOU AGREE THAT DISPUTES BETWEEN US WILL BE RESOLVED BY BINDING, INDIVIDUAL ARBITRATION AND YOU WAIVE YOUR RIGHT TO A JURY TRIAL OR TO PARTICIPATE IN A CLASS ACTION. PLEASE REVIEW THE DISPUTES SECTION CAREFULLY; BY ENTERING THIS AGREEMENT, YOU EXPRESSLY ACKNOWLEDGE THAT YOU HAVE READ AND UNDERSTAND ALL OF THE TERMS OF THIS AGREEMENT.
We reserve the right, at our sole discretion, to change or modify portions of these Terms of Service at any time. When we do this, we will post the revised Terms of Service on this page and will indicate the date of such revision. Your continued use of the Services after the date of any such changes constitutes your acceptance of the new Terms of Service. To the extent allowed by law, the English version of these Terms of Service is binding, and other translations are for convenience only. If you do not wish to accept the new Terms of Service, you may discontinue your use of the Services.
These Terms explain the rules you need to comply with when you visit our Platform.
Therapy Resource Network is an open marketplace for licensed professionals, such as Speech-Language Pathologists, Speech-Language Pathology Assistants, Occupational Therapists, Certified Occupational Therapy Assistants, Physical Therapists, and Physical Therapy Assistants, licensed speech therapists, and students in the process of becoming speech therapists, to learn, buy, sell, and share their original content for improving their techniques and speech therapy practices (“Resources”) and for parents, patients, and students to learn and buy materials from the aforementioned licensed professionals. Resources may include electronically delivered files, digital products, streaming video, descriptions, comments, videos, images, information, data, text, software, music, sound, photographs, graphics, messages or other materials. The Therapy Resource Network may modify, add, discontinue support for, or limit the availability of any product type. A Resource, together with the Resource title, description, and other listing information make up a “Resource Listing.” The Therapy Resource Network provides a marketplace based on subscriptions, where members may also view, sell, and and purchase Resources, based on their membership type, as set forth below.
Users of the marketplace include members who have registered for a Therapy Resource Network account (“Account”), hereafter referred to as “Members,” and visitors who browse the marketplace without registering for an Account (“Visitors”). (Visitors and Members together are our “Users”.)
By using our Services as a Visitor, Member, or in any other manner, you agree to follow these Terms, including the terms of our Privacy Policy (located at https://therapyresourcenetwork.com/privacy-policy/), TRN Membership Subscription Breakdown (located at Coming Soon), and any other policies which are incorporated as part of these Terms. All such terms are hereby incorporated by reference into these Terms of Service (provided, however, these Terms of Service will take precedence in the event of conflict).
- MEMBERSHIP
This section provides information on eligibility to join our community, how to create an account, and the types of accounts the Therapy Resource Network offers. To use the features of our Services, we require you to register as a Member with us. Some Members, who are Licensed Clinicians, as defined below,licensed speech therapists, upload and share Resources (“Publishers”); other Members use their accounts only to browse, purchase, and download Resources (“Viewers”), and some do both.
- Eligibility
Only individuals who are 18 years of age, or older, are eligible to become Members of TRN. By registering for an Account or using our Services, you represent and warrant that you are at least 18 years old.
To Upload, as defined below, any content through the Therapy Resource Network, a member must be a Speech-Language Pathologist, Speech-Language Pathology Assistant, Occupational Therapist, Certified Occupational Therapy Assistant, Physical Therapist, Physical Therapy Assistant, or licensed assistantspeech therapist, licensed in his or her current state and in good standing (collectively referred to herein as “Licensed Clinician”).
When you create an Account, the information you provide must be true and accurate. Do not provide fake or false information, do not provide information that violates someone else’s rights, and do not impersonate someone else.
The Therapy Resource Network may ask for proof of your age, identity or licensure status at any time in order to verify your Account and we may close or suspend access to your Account if you violate this rule or if we are unable to verify your age, identity or licensure status.
Licensed Clinicians will be required to provide their license number to confirm that they hold such a license and are in good standing.
- Username & Password
You will be required to choose a username for your Account. Your username has to be unique and cannot be inappropriate, offensive, misleading, or something that violates the rights of someone else.
You will also be required to pick a password to protect your Account. Your username and password will be used to access your Account.
You are responsible for maintaining the confidentiality of your password, username, and account, and are fully responsible for any and all activities that occur under your password or account. You agree to (a) immediately notify the Therapy Resource Network of any unauthorized use of your password or account or any other breach of security, and (b) sign out from your account at the end of each session when accessing the Services. The Therapy Resource Network will not be liable for any loss or damage arising from your failure to comply with this Section.
If you believe that your Account has been accessed by an unauthorized person, please contact us immediately at info@therapyresourcenetwork.com so we can help.
- Membership Types
Viewers. You can join the Therapy Resource Network as a Viewer to use our Services for purchasing and downloading Resources (a “General Membership”). A General Membership Account is owned by the individual whose name and email address are listed on the Account profile. As a Viewer, you will be able to make purchases, download free and purchased Resources, post Feedback, questions, comments, requests, or other public messages (“Communications”), follow Licensed Clinicians, connect with other Members, and enjoy other features and services we may offer.
Publishers. To be a Publisher you have to have a Professional Membership with TRN, which requires you to be a verified Licensed Clinician (a “Professional Membership”). As a Publisher you can enjoy additional capabilities that allow you to upload, post, publish, display, or otherwise transmit (collectively, “Upload”) and sell Resources through our Services. Publishers include individuals offering their own filmed, and recorded, created, or developed works. The Therapy Resource Network reserves the right to modify your Professional Membership type at any time at our discretion.
Professional Memberships have all the same features of General Memberships plus the ability to Upload Resources and receive commissions for the purchase and viewing of the same by others. Professional Memberships also have unlimited Uploading abilities and will be able to download content off the Website and onto their personal devices. The tools, features and commissions available to a Publisher depend on the Publisher’s chosen Professional Membership level.
- Membership and Fees
Purchases, Taxes, and Fees. You are responsible for paying any amounts due, including any applicable taxes, when you make purchases on Therapy Resource Network. When you make a purchase on the Therapy Resource Network, you will be charged (in U.S. Dollars) the list price for each item as well as applicable state and local sales taxes, and any fees associated with your order. By placing an order, you represent and warrant that the billing information you have provided is accurate and current. Therapy Resource Network enables Publishers to collect sales tax on applicable orders in states where they have designated an obligation. Therapy Resource Network is not responsible for the information provided by our Publishers and does not guarantee the accuracy of sales tax calculations. In addition, for states with applicable marketplace collection laws, and for certain other states in which the Therapy Resource Network has received permission (including by having entered into a collection agreement), the Therapy Resource Network will calculate, collect, and remit applicable sales tax. Where sales tax applies to your order, the amount of tax due will be estimated at checkout and may differ from the final sales tax amount that will be charged when your order is processed. Where sales tax is not collected, you are solely responsible for the payment of any use tax that may apply to your purchase and you may be required to file a use tax return to pay such taxes.
Viewers. Joining as a Viewer has the single membership option of a General Membership, with a monthly subscription fee and additional fees for Resources purchased.
Publishers. The Therapy Resource Network offers multiple Professional Membership options. Each Professional Membership has different features and privileges, Commission Rates, and Fees.
“Fees” include (1) membership subscription fees charged each membership term (“Membership Fees”), and (2) fees charged per Resource sold (“Transaction Fees”). (See TRN Membership Subscription (located at Feature Coming Soon), for more information about the types, benefits, and fees of Memberships, which is incorporated as part of these Terms.)
“Commission Rate” is defined as the percentage of the list price you earn for each Resource you sell. Commission Rates may vary depending on your Membership level. Your Commission Rate is applied only to the list price of each Resource at the time sold, before any Transaction Fees are applied.
The Fees and Commission Rates for each Professional Membership are defined in our Publisher Fees and Payout Rates Policy (Professionals currently receive 70% Profit after payment portal processing fees.) which is incorporated as part of these Terms. For any membership for which a Membership Fee applies, your membership will automatically renew each term unless you cancel the renewal. Contact us to learn how to cancel your renewal.
We may, in our discretion, make changes to the Memberships we offer, the privileges and features available to each Membership, as well as the Fees and Commissions Rates associated with each Membership at any time.
In advance of any Fee increase or change in Commission Rates, we will notify all affected Users at the email address associated with the account in accordance with these Terms. Changes in Commission Rates will be applied to all affected Publishers as of the stated effective date of the change, irrespective of any individual Publisher’s Membership Fee renewal date. Any increase in Membership Fees will be applied only to renewals taking place after the change goes into effect.
Publishers are responsible for any other fees or costs they may incur and for paying any applicable income, sales, or other taxes they may be subject to as a result of using our Services.
- Relationship
These Terms are the entire agreement between you and the Therapy Resource Network, and they govern your relationship with the Therapy Resource Network. Becoming a Member of our Services does not create an agency, employment, or partnership relationship between you and the Therapy Resource Network. The Therapy Resource Network is not the employer of and does not act as an agent for any Member.
- Account Closures
Closure by the Therapy Resource Network. We may, in our discretion, close or suspend the Account of any Member at any time for any reason, with or without notice.
Closure by You. You have the right to close your Therapy Resource Network account at any time, without notice to us. You can close your Account by emailing Support@TherapyResourceNetwork.com or contacting us for assistance.
Effect of Account Closure. After your account is closed, you will no longer have access to your Account information, past purchases, Uploaded Resources, and many of the features of our Services that require an Account. If you close your Account on your own, you can reopen your Account any time by logging in again. If you would like for the Therapy Resource Network to close your Account so that it cannot be reopened upon login, please write to us.
Communications you have posted on the Therapy Resource Network site will not be removed if your Account is closed. You may be able to remove or edit some Communications at your discretion before you close your Account. For more information about your Account information and our data retention practices, take a look at our Privacy Policy (located at https://therapyresourcenetwork.com/privacy-policy/).
If you are a Publisher, any Resources you have Uploaded will no longer be searchable and your Resource pages will not be available to Users; however, your purchased Resources remain accessible to the Accounts of Members who have previously purchased them.
Discontinue Services. We may change, suspend, or discontinue offering our Services at any time. Any suspension or discontinuation in our Services may mean that that your Account, including any Resources or other materials you may have purchased from our Services, and any Resources or Communications you may have Uploaded to our Services, may not be available to you or to other Users. We are not liable to you for any impact a change, suspension, or discontinuation of our Services may have including the loss of access to any Resources that you have purchased, or loss of income from your temporary or permanent inability to sell Resources through our Services.
II. THE THERAPY RESOURCE NETWORK COMMUNITY
It is important to the Therapy Resource Network that it remains a safe, supportive, collaborative community for Licensed Clinicianslicensed speech therapists and individuals training to become Licensed Clinicianslicensed speech therapists to share and discover new and better ways to practice. This section outlines the rules you need to follow when using TRN, whether you are buying, selling, downloading free resources, or just browsing. Members shall be honest, respectful, abide by state, federal, local and international law.
- Community Guidelines
As a User of our Services, you are required to follow our Community Guidelines as set forth herein. TRN may modify or add to these rules at our discretion. If you violate any of these rules, we may take action against your Account, including but not limited to removing your Uploaded content, removing Resources from your Account, suspending or terminating your Account, issuing a refund to your Buyer, and/or any additional action that we deem necessary.
User Guidelines. All Users shall adhere to the following rules:
- Do not use TRN in any way to harm, threaten, stalk, intimidate, or harass anyone.
- Do not use TRN to Upload content or anything else that contains material that is obscene, libelous, racially or ethnically disparaging, sexually explicit, derogatory, culturally insensitive, or otherwise offensive or objectionable. It is in our discretion to determine what is offensive or objectionable.
- Do not provide information or Upload content that is false, deceitful, misleading, or inaccurate. Do not impersonate or attempt to impersonate someone else on our services. Do not use a misleading email address or IP address or otherwise manipulate identifiers in order to disguise your location or the origin of the information you are providing to us or Uploading on TRN.
- Do not make uninformed purchases. When you making a purchase on TRN, it is your sole responsibility to review resource previews, read resource descriptions including software requirements, and use common sense when it comes to intellectual property concerns before making a purchase. Mistaken purchases will not be eligible for a refund.
- Do not send or Upload content that constitutes unsolicited or unauthorized invitations, advertisements, or promotional materials through our Services, or to Members whose contact information you have obtained through our Services. The contact information of other Members should only be used to fulfill purchases and deliver resources or other solicited materials or services.
- Do not use TRN for any illegal or unauthorized purposes, such as Uploading content that is fraudulent, unlawful, or that violates the intellectual property, privacy, or any other rights of someone. It is your responsibility to Upload only content that you have the right to Upload.
- Do not Upload content that includes the personal or private information, image, or likeness of someone else without their written consent. Do not use TRN to collect personal information about other community Members. Do not use or disclose personal information that you may acquire about another Member for commercial, unlawful, or any other purpose other than concerning ordered resources or communicating with that Member about a TRN transaction between you and that Member.
- Do not try to gain access to the account or computer of one of our Users.
- Do not Upload any content that contains viruses, malware, or other code or programs to interrupt, destroy, gain information from, or otherwise attack any computer system, software, hardware, or equipment.
- Do not attempt to gain unauthorized access to our computer systems or engage in any activity that disrupts, diminishes the quality, interferes with the performance, or impairs the functionality of our Services.
- Do not use any automated means such as bots, spiders, or crawlers to download or otherwise obtain data from our services.
Inappropriate Content Policy. Users shall not Upload content that intentionally or unintentionally:
- Disrespects, discriminates, or has the effect of marginalizing the experiences, lives, or beliefs of others.
- Contains pornographic or obscene imagery or language, other sexual content, or is otherwise inappropriate for the intended age group.
- Contains illegal, offensive, graphic, perverse, or insensitive content.
Publisher Guidelines. Publishers shall adhere to the below rules in addition to the General Community Guidelines:
- Be accurate and Truthful. You shall only Upload Resources that you have produced or designed yourself. Make sure your Resource is complete and accurate. Do not be misleading about what your Resource is or includes. It is your responsibility to ensure that the titles, descriptions, and other materials in your Resources are truthful, accurate, and free of mistakes and technical issues.
- Maintain accessibility and fix technical issues. By offering Resources through our Services, you agree to provide undisrupted access to your Resources to Members who have purchased them. Each Resource file you Upload to our service must be complete, fully accessible, and in working condition at all times. You may not require the purchase of any additional software or equipment not listed as required in your resource description.
- Respect Intellectual Property Rights. Your Resources must only contain material that you own the rights to (copyright, trademark, and other rights) or that you have the legal right to use commercially. When you Upload a Resource to our Services, you represent and warrant to us and to Members who may use your Resource that you have the necessary rights to use all of the content you include in your Resource, that neither TRN nor any member will have to obtain a license or pay royalties to any third parties, and that the intended use of your Resource by TRN or a Member will not infringe on anyone’s rights (including copyrights, trademarks, or other intellectual property rights, personality, publicity, or privacy rights). We will remove resources that are identified in a valid legal notice as infringing and we will close the accounts of Publishers who violate this rule.
- Photographic and HIPAA Waivers. When you Upload a resource to our Services, you represent and warrant to us and to Members who may use your Resource that you have obtained a photography and audio-visual waiver and release to use and Upload any audio/visual/electronic recording or photograph containing the likeness of any third party from such third party, as well as the third party’s name. Further, you will obtain any waivers required under the Health Insurance Portability and Accountability Act of 1996 (HIPAA) (42 USC §1320d; 45 CFR parts 160, 164) as to a third party’s personal, medical or protected health information. If the third party is a minor, then these waivers will need to be obtained from his or her parent or guardian.
- Exclusivity. Any Resource you Upload shall be exclusively Uploaded on TRN. You may not offer any Uploaded content through any other websites, video sharing platforms or social media for viewing or downloading, whether any such other website offers the content for free or for purchase. Further, TRN should not be used as a way to drive traffic to another website or business. You may not include hyperlinks to alternative sales channels, such as another online marketplace or e-commerce site, where your products or resources can be purchased or viewed.
- Comments, Ratings, & Reviews
You may have the option to provide a review of a Resource you have purchased or downloaded for free by providing a rating and a comment (“Feedback”). Any Feedback you choose to leave should reflect your honest experience using the Resource for its intended purpose. We may, at any time, set additional requirements or limitations for leaving Feedback, such as minimum or maximum characters, time-based restrictions, or other requirements. Publishers may not leave feedback on their own Resources or otherwise attempt to undermine the integrity of our Feedback system. We may remove Feedback for any reason, at any time, without notice and we may ban a Member from leaving future Feedback.
- Monitoring Content
The Therapy Resource Network has the right, but not the obligation, to monitor any activity and content associated with our Services. We may investigate any complaints or reported violations of our policies and take any action that we deem appropriate. Such action may include, but is not limited to, issuing warnings, suspension or termination of your Membership, denying access, and/or removal of any content on the site, including Resource Listings.
III. Resource Licensing Policy
The Therapy Resource Network Publishers own their Resources and give you certain rights through the Therapy Resource Network to use them for limited purposes. This section describes the agreement between you, the Publishers, and TRN as to your purchases.
- In General
License. The Therapy Resource Network Publishers own and maintain the intellectual property rights in their Resources and grant Members licenses to use such Resources for limited use as described in this section. When you purchase a Resource, you are purchasing a license to use the Resource in accordance with the terms of this Resource Licensing Policy. All downloadable and digitally consumed Resources can only be used in accordance with a license, which is an “Individual License.”
Your use of any Resource, regardless of whether the license is purchased by you, purchased for you as a gift, or purchased on your behalf by your practice or other entity, is subject to this Resource Licensing Policy and other terms set forth in these Terms. You agree to comply with the terms of this Resource Licensing Policy.
- Individual Licenses
An Individual License is a license that may only be assigned to a single specific individual User (“Assignee”) (e.g. one specific Licensed speech therapist or Clinician or student) for that Assignee’s lifetime use. Individual Licenses are non-transferable and may not be used by or reallocated to a different Assignee (for example, a Licensed Clinician speech therapist who purchases an Individual License can use such Resource, in accordance with this section, for her or his lifetime but cannot transfer use of such Resource to another speech therapist after her or his retirement).
Except as otherwise stated in these Terms (such as in the “Limitations on Access” section below), under an Individual License, the Publisher grants, through TRN, to the purchasing Member, for use by one Assignee, a non-exclusive, perpetual, irrevocable, non-transferable, non-sublicensable, worldwide, limited license to use the Resource for the purposes and under the conditions described below.
If you purchase an Individual License, the Publisher, through TRN, permits you to:
- Assign use of the Resource to one Assignee. Once an Assignee has been designated, the Resource cannot be used by any other individual without purchase of an additional license. For clarity, you can purchase an Individual License for yourself, as a gift, or as an organization purchasing on behalf of a Licensed Clinician speech therapist. In such cases, a single “transfer” of the Resource to the intended recipient is permitted, but you may not reallocate an Individual License from one user to another or share the Resource with additional users unless you purchase an additional license.
As an Assignee of an Individual License, the Publisher, through TRN, permits you to:
- Use the Resource for personal practice, training, and educational use only. This means you can use Resources for your own personal purposes and for your individual study.
- Resources may not be copied, shared, or otherwise reproduced in any way, in whole or in part.
As an Assignee of an Individual License, you:
- Shall not use the Resource, in part or in whole, for commercial purposes. This means you cannot sell it, use it for advertising or marketing purposes, or use it in any other way in connection with a business or profit-making activity (except in connection with the business of your licensed therapy practice for training or educational purposes).
- Shall not Upload or otherwise make the Resource available on any website other than TRN.
- Shall not share, send, sell, sublicense, or transfer the Resource to someone else. Each Individual License is for use by one specific Licensed Clinician speech therapist only.
- Limitation On Access
Downloadable Resources. The Therapy Resource Network cannot guarantee continuous access to any Resource through our Service. For example, if at any time, TRN stops hosting a Resource for any reason or you or TRN terminates, suspends, downgrades, or otherwise limits your Account or access to TRNs Services, your ability to access the Resource through our Services may be terminated. It is your sole responsibility to maintain and store a copy of downloadable Resources on your device to ensure future access.
Digital and Video Resources. If you purchase access to a Resource in the format of streaming video or other non-downloadable formats, your license will expire if you or TRN closes your Account, or if TRN stops hosting the Resource for any reason. No refunds will be provided in such an event.
IV. PAYMENT, COMMISSIONS, AND PAYOUTS
This section provides information on making payments, receiving commissions, and our refund policy.
- Purchasing Terms and Refunds
No Refund Policy. When you list a Resource or make a purchase on TRN, you agree to our No Refund Policy. ALL SALES ARE CONSIDERED FINAL AND NONREFUNDABLE ONCE AN ORDER IS SUBMITTED. We may, in our sole discretion, on a case-by-case basis, issue a refund for certain extenuating circumstances.
Payment Methods and Currency. We may offer a variety of payment methods to pay for purchases, such as credit cards and debit cards, and PayPal Accounts. We accept payments in United States Dollars (USD). Cash payments and payments in other currencies will not be accepted. We may change or add to our accepted payment methods at any time and we are not obligated to accept payment by any means other than those accepted at the time of your purchase.
Promise to Pay. When you buy anything on TRN, you represent and warrant that you have authorized to make the purchase and to use the payment method and billing information you have provided. You further agree that TRN may charge your payment method the amount due, which will be in U.S. Dollars. We are not responsible for any additional fees you may be charged by your financial institution such as international transaction fees or overdraft fees.
Failure to Pay and Payment Disputes. Failure to pay as promised may result in late fees being charged, Resources being removed from your Account, Account suspension or closure, or any other action we deem necessary. If we receive notice that you have disputed a charge related to a purchase made from your TRN Account, we may, at our discretion, offer proof to challenge the dispute. Pending resolution of the dispute, we may remove the purchased Resources from your Account temporarily, or, if a refund is ultimately issued, permanently. In our discretion, we may take further action against your Account.
- Commissions and Payouts
Commissions. Publishers earn a percentage of the list price of each Resource they sell through our Services based on the Payout Rate that applies to their Membership Type (“Commissions”). Commissions are reduced by the full amount of any Transaction Fees that apply. For details on our Publisher Membership options, and the Fees and Payout Commission that apply to each, see our Publisher Fees and Commission Rates policy (located at coming soon) (RECOMMEND KEEPING COMMISSION SCHEDULE SEPARATE FROM THESE TERMS FOR EASE OF UPDATING AND MODIFYING). Commissions are paid in monthly “Payouts” according to the schedule described in this Section.
Payout Account. To issue Payouts, we work with third party companies which process and transfer funds between us and our Publishers (“Payment Services”). To receive Payouts, Publishers must have an Account capable of receiving payments with a supported Payment Service (“Payout Account”). You can find a list of supported Payment Services here (CLIENT WILL NEED TO PREPARE THIS BASED ON COMPANIES THAT ARE USED). If you have questions about the status of your Payout Account, please reach out directly to the Payment Service you use. If you are unable to register a Payout Account with any of the supported Payment Services, we may consider alternative means of issuing Payouts at our discretion on a case-by-case basis. We make no guarantees about the services offered by any third party companies including the current or any future Payment Services we may support, and we are not responsible for any payment delays or other complications caused by Payment Services. We may, at our discretion, modify the list of supported Payment Services at any time, discontinue support for an existing Payout Service, or make additional Payout options available.
Schedule. We issue Payouts on a monthly basis by the 5th day of the month following the month in which a sale was made. For example, Commissions related to a sale made in the month of January will be paid as part of a monthly Payout issued by February 5th. We may, at our sole discretion, withhold or delay a Payout due to any Publisher who we believe to be in violation of any of these Terms. After the matter is resolved, we will either refund the withheld sales or complete the Payout.
Payment Service Fees. Payment Services may assess transaction fees when we transfer your Payouts to you. We will deduct from your Payout an amount equal to or less than the transaction fee assessed to us by the Payment Services. These transaction fees are subject to change at the discretion of the Payment Services. We are not responsible for any additional fees or taxes you may incur from other third parties related to receiving or accessing your Payouts.
- Sales Tax
Except in the case of Marketplace Collection (as defined below), you may have and are responsible for the collection and/or payment of any sales tax you may owe.
The Therapy Resource Network’s Obligations. TRN will calculate, collect, and remit sales tax on applicable orders in states having marketplace collection laws requiring us to do so, and in certain other states in which TRN has received permission to do so (including by having entered into a collection agreement). You hereby authorize and permit TRN to engage in such collection on your behalf. (PLEASE DISCUSS SALES TAX REMITTANCE AND COLLECTION WITH YOUR CPA)
- INTELLECTUAL PROPERTY RIGHTS
This section describes what content on the Website belongs to us and is protected as our intellectual property, what belongs to you, and the rights you grant us to use your intellectual property.
- The Services and the Site Content
You acknowledge and agree that the Services may contain content or features (“Services Content”) that are protected by copyright, patent, trademark, trade secret or other proprietary rights and laws. Except as expressly authorized by the Therapy Resource Network, you agree not to modify, copy, frame, scrape, rent, lease, loan, sell, distribute or create derivative works based on the Services or the Services Content, in whole or in part, except that the foregoing does not apply to your own User Content (defined below) that you legally Upload to the Services.
In connection with your use of the Services you will not engage in or use any data mining, robots, scraping or similar data gathering or extraction methods. If you are blocked by the Therapy Resource Network from accessing the Services (including by blocking your IP address), you agree not to implement any measures to circumvent such blocking (e.g., by masking your IP address or using a proxy IP address). Any use of the Services or the Services Content other than as specifically authorized herein is strictly prohibited. The technology and software underlying the Services or distributed in connection therewith are the property of the Therapy Resource Network, our affiliates and our partners (the “Software”). You agree not to copy, modify, create a derivative work of, reverse engineer, reverse assemble or otherwise attempt to discover any source code, sell, assign, sublicense, or otherwise transfer any right in the Software. Any rights not expressly granted herein are reserved by the Therapy Resource Network.
The Therapy Resource Network name and logos are trademarks and service marks of the Therapy Resource Network (collectively the “Therapy Resource Network Trademarks”). Other company, product, and service names and logos used and displayed via the Services may be trademarks or service marks of their respective owners, who may or may not endorse or be affiliated with or connected to the Therapy Resource Network. Nothing in these Terms of Service or the Services should be construed as granting, by implication, estoppel, or otherwise, any license or right to use any of the Therapy Resource Network Trademarks displayed on the Services, without our prior written permission in each instance. All goodwill generated from the use of the Therapy Resource Network Trademarks will inure to our exclusive benefit.
- Third-Party Material
Under no circumstances will the Therapy Resource Network be liable in any way for any content or materials of any third parties (including Users) or any User Content (defined below), including for any errors or omissions in any content, or for any loss or damage of any kind incurred as a result of the use of any such content. You acknowledge that the Therapy Resource Network does not pre-screen content, but that the Therapy Resource Network and its designees will have the right (but not the obligation) in their sole discretion to refuse, remove, or allow any content that is available via the Services at any time and for any reason, with or without notice, and without any liability to you or to any third party for any claims, damages, costs or losses resulting therefrom.
- User Content Transmitted Through the Services
Your Rights to User Content. With respect to the content, comments, photos, videos, images, trademarks, logos, brands or other materials you Upload or post through the Services or share with other users or recipients (collectively, “User Content”), you represent and warrant that you own all right, title and interest in and to, or otherwise have all necessary rights and consents to (and to allow others to) fully exploit such User Content, including, without limitation, as it concerns all copyrights, trademark rights and rights of publicity or privacy related thereto.
Without limiting the foregoing, if any User Content contains your name, image, or likeness, you hereby release and hold harmless the Therapy Resource Network and its contractors and employees, from (i) all claims for invasion of privacy, publicity or libel, (ii) any liability or other claims by virtue of any blurring, distortion, alteration, optical illusion, or other use or exploitation of your name, image or likeness, and (iii) any liability for claims made by you (or any successor to any claim you might bring) in connection with your User Content, name, image or likeness. You waive any right to inspect or approve any intermediary version(s) or finished version(s) of the results of the use of your User Content (including your name, image or likeness).
Further, if any person (other than you) appears in your User Content, you represent and warrant that you have secured all necessary licenses, waivers and releases from such person(s) for the benefit of the Therapy Resource Network in a manner fully consistent with the licenses, waivers and releases set forth above.
Rights You Grant to TRN. Some parts of our Services allow you to Upload or post content. You retain any intellectual property rights that you hold in that User Content. TRN does not take or claim any ownership (copyright, trademark, or otherwise) over your User Content.
When you Upload User Content to our Services, you grant to us limited rights to store, use, and display, and provide access to the User Content you Upload as necessary to provide our Services, such as to display your Resource in connection with your Membership and in search results, to make your Resources available for download, and to display and promote your Resources through our Services, through email, and ads on other sites or search engines, and through other marketing campaigns. For these purposes, you grant to us a nonexclusive, irrevocable, perpetual (except as otherwise provided herein), worldwide, sublicensable license to exercise any copyright, trademark rights, or other rights in and to your User Content necessary to provide our Services to you and our other Users, including the rights to copy, display, Upload, perform, distribute, store, modify and otherwise use your User Content in connection with the operation of the Services or the promotion, advertising or marketing thereof, in any form, medium or technology now known or later developed.
We do not guarantee that any Services Content will be made available through the Services. We reserve the right to, but do not have any obligation to, (i) remove, edit or modify any Services Content or User Content, in our sole discretion, at any time, without notice to you and for any reason (including, but not limited to, upon receipt of claims or allegations from third parties or authorities relating to such Services Content or User Content, or if we are concerned that you may have violated these Terms of Service), or for no reason at all and (ii) to remove or block any Services Content or User Content from the Services.
You acknowledge and agree that any questions, comments, suggestions, ideas, feedback or other information about the Services (“Submissions”), provided by you to the Therapy Resource Network are non-confidential and the Therapy Resource Network will be entitled to the unrestricted use and dissemination of these Submissions for any purpose, commercial or otherwise, without acknowledgment or compensation to you.
You acknowledge and agree that the Therapy Resource Network may preserve content and may also disclose content if required to do so by law or in the good-faith belief that such preservation or disclosure is reasonably necessary to (a) comply with legal process, applicable laws or government requests; (b) enforce these Terms of Service; (c) respond to claims that any content violates the rights of third parties; or (d) protect the rights, property, or personal safety of Therapy Resource Network, its users or the public.
Rights You Grant to Others. When a Member purchases a license to use your Resource or downloads free Resources from you, you allow them to use your Resource as described in Section III of these Terms above, in accordance with the license type purchased by such Member.
Effect of Account Closure or Resource Deactivation. If you or TRN closes, suspends, or otherwise limits your Account or access to the Services, or downgrades your Account to a General Membership, we will no longer display your page or your Resource Listings, and your Resources will no longer be available for purchase or download by Members who have not previously purchased them. If you or TRN deletes or deactivates a single Resource Listing, that Resource will not be available for purchase or download by Members who have not previously purchased or downloaded the Resource, and the Resource Listing will no longer be displayed in your store or in search results. If any of the above situations takes place, TRN will continue to store your Resource file on our servers and will continue to make it available for download by Members who have previously purchased the Resource subject to other limitations set forth in these Terms. TRN will continue to display your Communications unless you remove them from the Services before you go. If you do remove them, we will no longer display them on our Services, but we may continue to store a copy of them in our databases.
Copyright Complaints. The Therapy Resource Network respects the intellectual property of others, and we ask our Users to do the same. If you believe that your work has been copied in a way that constitutes copyright infringement, or that your intellectual property rights have been otherwise violated, you should notify the Therapy Resource Network of your infringement claim in accordance with the procedure set forth below.
The Therapy Resource Network will process and investigate notices of alleged infringement and will take appropriate actions under the Digital Millennium Copyright Act (“DMCA”) and other applicable intellectual property laws with respect to any alleged or actual infringement. A notification of claimed copyright infringement should be emailed to Therapy Resource Network’s Copyright Agent at support@therapyresourcenetwork.com (Subject line: “DMCA Takedown Request”) with the following information (see 17 U.S.C 512(c)(3) for further detail):
- A physical or electronic signature of a person authorized to act on behalf of the owner of an exclusive right that is allegedly infringed;
- Identification of the copyrighted work claimed to have been infringed, or, if multiple copyrighted works at a single online site are covered by a single notification, a representative list of such works at that site;
- Identification of the material that is claimed to be infringing or to be the subject of infringing activity and that is to be removed or access to which is to be disabled and information reasonably sufficient to permit the service provider to locate the material;
- Information reasonably sufficient to permit the service provider to contact you, such as an address, telephone number, and, if available, an electronic mail;
- A statement that you have a good faith belief that use of the material in the manner complained of is not authorized by the copyright owner, its agent, or the law; and
- A statement that the information in the notification is accurate, and under penalty of perjury, that you are authorized to act on behalf of the owner of an exclusive right that is allegedly infringed.
If you believe that your User Content that was removed (or to which access was disabled) is not infringing, or that you have the authorization from the copyright owner, the copyright owner’s agent, or pursuant to the law, to Upload and use the content in your User Content, you may send a written counter-notice to the above-listed Copyright Agent.
- YOUR PRIVACY
This section describes how we protect your personal information and how you can report a violation of your privacy.
- Our Privacy Policy
The privacy and security of your data and the personally identifiable information you give us is important to us. Our Privacy Policy (located at https://therapyresourcenetwork.com/privacy-policy/) explains the data we collect from you and how we use it. By using TRN Services, you agree that we may use such data in accordance with our privacy policies.
- Hosted Content
We do not control and are not responsible for the content Uploaded by our Members, including any disclosures of personal information by our Members. Nevertheless, it is important to us that our Members respect the privacy rights of others. If you believe that content on our Services violates your personal privacy rights, contact us at support@therapyresourcenetwork.com.
VII. PAYMENT CARD INDUSTRY DATA SECURITY STANDARD
The Payment Card Industry Data Security Standard (PCI DSS) is a set of industry-mandated requirements for any business that handles, processes, or stores credit cards. The primary purpose of the standards is to maintain controls around cardholder data to reduce credit card fraud. As a service provider, the Therapy Resource Network is PCI DSS compliant and will maintain all applicable PCI DSS requirements to the extent that we possess or otherwise store, process, or transmit cardholder data on behalf of you, or to the extent that we can in any way impact the security of your cardholder data environment. The Therapy Resource Network uses 256 Bit SSL technology for data transactions. All personal, credit card, and bank information is submitted using 256-bit encryption.
VIII. THIRD-PARTY WEBSITES AND SERVICES
The Services or third parties may provide or facilitate links, tools, widgets or other features that allow you to access other sites, services and resources provided by third parties (collectively, “Third-Party Resources”). The Therapy Resource Network has no control over such Third-Party Resources or any products, services or content made available through or by such Third-Party Resources, or the business practices of the third parties providing such Third-Party Resources, and the Therapy Resource Network is not responsible for and does not endorse such Third-Party Resources or the products, services or content made available thereby. You acknowledge that the Therapy Resource Network is not responsible or liable for the content, functions, accuracy, legality, appropriateness or any other aspect of such Third-Party Resources. You further acknowledge and agree that the Therapy Resource Network will not be responsible or liable, directly or indirectly, for any damage or loss caused or alleged to be caused by or in connection with use of or reliance on any content, events, goods or services available on or through any such Third-Party Resources. Any dealings you have with third parties found while using the Services are between you and the third party and may be subject to additional terms of the third party, which you agree to by using such Third-Party Resources, and you agree that the Therapy Resource Network is not liable for any loss or claim that you may have against any such third-party.
- INDEMNITY
To the extent permitted by applicable law, you agree to indemnify, defend and hold the Therapy Resource Network and its affiliates and their officers, members, managers, employees, directors and agents harmless from any and all losses, damages, expenses (including reasonable attorneys’ fees), costs, awards, fines, damages, rights, claims, actions of any kind and injury (including death) arising out of or relating to (i) your use of and access to the Services, (ii) any claim that your User Content caused damage to a third party, (iii) your violation of any of these Terms of Service, or (iv) your violation of any third party right, including without limitation any copyright, property, or privacy right. You agree that the Therapy Resource Network has the right to conduct its own defense of any claims at its own discretion, and that you will indemnify the Therapy Resource Network for the costs of its defense (including, but not limited to attorney’s fees). This defense and indemnification obligation will survive these Terms of Service and your use of the Services.
- DISCLAIMER OF WARRANTIES
YOUR USE OF THE SERVICES IS AT YOUR SOLE RISK. THE SERVICES ARE PROVIDED ON AN “AS IS” AND “AS AVAILABLE” BASIS. THE THERAPY RESOURCE NETWORK AND ITS AFFILIATES EXPRESSLY DISCLAIM AND EXCLUDE, TO THE FULLEST EXTENT PERMITTED BY APPLICABLE LAW, ALL WARRANTIES, CONDITIONS AND REPRESENTATIONS OF ANY KIND, WHETHER EXPRESS, IMPLIED OR STATUTORY, INCLUDING, BUT NOT LIMITED TO, THE IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE AND NON-INFRINGEMENT.
THE THERAPY RESOURCE NETWORK AND ITS AFFILIATES MAKE NO WARRANTY THAT (I) THE SERVICES WILL MEET YOUR REQUIREMENTS, (II) THE SERVICES WILL BE UNINTERRUPTED, TIMELY, SECURE, OR ERROR-FREE, (III) THE RESULTS THAT MAY BE OBTAINED FROM THE USE OF THE SERVICES WILL BE ACCURATE OR RELIABLE, OR (IV) THE QUALITY OF ANY PRODUCTS, SERVICES, INFORMATION, OR OTHER MATERIAL PURCHASED OR OBTAINED BY YOU THROUGH THE SERVICES WILL MEET YOUR EXPECTATIONS.
- LIMITATION OF LIABILITY
YOU EXPRESSLY UNDERSTAND AND AGREE THAT, TO THE FULLEST EXTENT PERMITTED BY APPLICABLE LAW, IN NO EVENT SHALL THE THERAPY RESOURCE NETWORK, ITS OFFICERS, DIRECTORS, EMPLOYEES, AGENTS OR ITS AFFILIATES BE LIABLE FOR ANY (A) INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL, PUNITIVE OR EXEMPLARY DAMAGES, (B) DAMAGES FOR LOSS OF PROFITS, (C) DAMAGES FOR LOSS OF GOODWILL, (D) DAMAGES FOR LOSS OF USE, (E) LOSS OR CORRUPTION OF DATA, OR (F) OTHER INTANGIBLE LOSSES, EVEN IF THE THERAPY RESOURCE NETWORK HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES, WHETHER BASED ON CONTRACT, TORT, NEGLIGENCE, STRICT LIABILITY OR OTHERWISE, RESULTING FROM (I) THE USE OR THE INABILITY TO USE THE SERVICES; (II) THE COST OF PROCUREMENT OF SUBSTITUTE GOODS AND SERVICES RESULTING FROM ANY GOODS, DATA, INFORMATION OR SERVICES PURCHASED OR OBTAINED OR MESSAGES RECEIVED OR TRANSACTIONS ENTERED INTO THROUGH OR FROM THE SERVICES; (III) UNAUTHORIZED ACCESS TO OR ALTERATION OF YOUR TRANSMISSIONS OR DATA; (IV) STATEMENTS OR CONDUCT OF ANY THIRD PARTY ON THE SERVICES; OR (V) ANY BUGS, VIRUSES, TROJAN HORSES, OR THE LIKE, WHICH MAY BE TRANSMITTED TO OR THROUGH OUR SERVICES BY ANY THIRD PARTY. TO THE FULLEST EXTENT PERMITTED BY APPLICABLE LAW, IN NO EVENT WILL THERAPY RESOURCE NETWORK’S TOTAL LIABILITY TO YOU FOR ALL DAMAGES, LOSSES (INCLUDING CONTRACT, NEGLIGENCE, STATUTORY LIABILITY OR OTHERWISE) OR CAUSES OF ACTION EXCEED THE AMOUNT YOU HAVE PAID THERAPY RESOURCE NETWORK IN THE LAST SIX (6) MONTHS, OR, IF GREATER, ONE HUNDRED DOLLARS ($100).
YOU SPECIFICALLY ACKNOWLEDGE THAT TRN SHALL NOT BE LIABLE FOR CONTENT OR THE DEFAMATORY, OFFENSIVE, OR ILLEGAL CONDUCT OF ANY THIRD PARTY AND THAT THE RISK OF HARM OR DAMAGE FROM THE FOREGOING RESTS ENTIRELY WITH YOU.
SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OF CERTAIN WARRANTIES OR THE LIMITATION OR EXCLUSION OF LIABILITY FOR INCIDENTAL OR CONSEQUENTIAL DAMAGES. ACCORDINGLY, SOME OF THE LIMITATIONS SET FORTH ABOVE MAY NOT APPLY TO YOU.
IF YOU ARE DISSATISFIED WITH ANY PORTION OF THE SERVICES OR WITH THESE TERMS OF SERVICE, YOUR SOLE AND EXCLUSIVE REMEDY IS TO DISCONTINUE USE OF THE SERVICES.
XII. DISPUTES
ARBITRATION CLAUSE & CLASS ACTION WAIVER – PLEASE REVIEW AS THIS AFFECTS YOUR LEGAL RIGHTS
Arbitration; Class Action Waiver. YOU AGREE THAT ALL DISPUTES BETWEEN YOU AND US OR ANY OF OUR OFFICERS, DIRECTORS, MEMBERS, OR EMPLOYEES ACTING IN THEIR CAPACITY AS SUCH (WHETHER OR NOT SUCH DISPUTE INVOLVES A THIRD PARTY) WITH REGARD TO YOUR RELATIONSHIP WITH US, INCLUDING WITHOUT LIMITATION DISPUTES RELATED TO THESE TERMS OF SERVICE, YOUR USE OF THE SERVICES, OR RIGHTS OF PRIVACY OR PUBLICITY, WILL BE RESOLVED BY BINDING, INDIVIDUAL ARBITRATION AND YOU AND WE HEREBY EXPRESSLY WAIVE TRIAL BY JURY. DISCOVERY AND RIGHTS TO APPEAL IN ARBITRATION ARE GENERALLY MORE LIMITED THAN IN A LAWSUIT, AND OTHER RIGHTS THAT YOU AND WE WOULD HAVE IN COURT MAY NOT BE AVAILABLE IN ARBITRATION. YOU UNDERSTAND AND AGREE THAT, BY ENTERING INTO THESE TERMS, YOU AND WE ARE EACH WAIVING OUR RIGHT TO A TRIAL BY JURY OR TO PARTICIPATE IN A CLASS ACTION.
Notwithstanding the foregoing, nothing in these Terms of Service will be deemed to waive, preclude, or otherwise limit the right of either of us to (a) bring an individual action in small claims court; (b) pursue an enforcement action through the applicable federal, state, or local agency if that action is available; (c) seek injunctive relief in a court of law; or (d) file suit in a court of law to address an intellectual property infringement claim.
The Process. Any arbitration between you and us will be settled under the Federal Arbitration Act and administered by the American Arbitration Association (“AAA”) under its Consumer Arbitration Rules (collectively, “AAA Rules”) as modified by these Terms of Service. The AAA Rules and filing forms are available online at www.adr.org by calling the AAA at 1-800-778-7879.
A party who intends to seek arbitration must first send a written notice of the dispute to the other party by certified U.S. Mail or by Federal Express (signature required) or, only if that other party has not provided a current physical address, then by electronic mail (“Notice of Arbitration”). Our current address for Notice is: Therapeutic Technologies, Inc., 8670 W. Cheyenne Ave., Suite 110, Las Vegas, NV 89129. The Notice of Arbitration must: (a) describe the nature and basis of the claim or dispute; and (b) set forth the specific relief sought (“Demand”). We agree to work with you and make a good faith effort to resolve the claim directly, but if we are not successful within 60 days after the Notice of Arbitration is received, you or we may commence an arbitration proceeding. All arbitration proceedings between the parties will be confidential unless otherwise agreed by the parties in writing or as provided by law.
Fees. If you commence arbitration in accordance with these Terms of Service, we will reimburse you for your payment of the filing fee unless your claim is for more than $10,000 in which case the payment of any fees will be decided by the AAA Rules. Any arbitration hearing will take place at an agreed upon location in Ventura County, California, but if the claim is for $10,000 or less, you may choose whether the arbitration will be conducted: (a) solely on the basis of documents submitted to the arbitrator; (b) through a telephone hearing or (c) by an in-person hearing as established by the AAA Rules in the county of your billing address. If the arbitration finds that either the substance of your claim or the relief sought in the Demand is frivolous or brought for an improper purpose (as measured by the standards set forth in the Federal Rule of Civil Procedure 11(b)), then the payment of all fees will be governed by the AAA Rules. In that case, you agree to reimburse us for all monies previously disbursed by us that are otherwise your obligation to pay under the AAA Rules. Regardless of the manner in which the arbitration is conducted, the arbitrator must issue a reasoned written decision sufficient to explain the essential findings and conclusions on which the decision and award, if any, are based. The arbitrator may make rulings and resolve disputes as to the payment and reimbursement of fees or expenses at any time during the proceeding and upon request from either party made within 14 days of the arbitrator’s ruling on the merits.
No Class Actions. YOU AND WE AGREE THAT EACH MAY BRING CLAIMS TO THE FULLEST EXTENT LEGALLY PERMISSIBLE AGAINST THE OTHER ONLY IN YOUR OR ITS INDIVIDUAL CAPACITY AND NOT AS A PLAINTIFF OR CLASS MEMBER IN ANY PURPORTED CLASS OR REPRESENTATIVE PROCEEDING. Further, unless both you and we agree otherwise, the arbitrator may not consolidate more than one person’s claims and may not otherwise preside over any form of a representative or class proceeding.
Modifications to this Arbitration Provision. If we make any future change to this arbitration provision, other than a change to our address for Notice of Arbitration, you may reject the change by sending us written notice within 30 days of the change to our address for Notice of Arbitration, in which case your Account with us will be immediately terminated and this arbitration provision, as in effect immediately prior to the changes you rejected will survive.
Enforceability. If this Disputes section is found to be unenforceable, then the entirety of this Disputes section will be null and void and, in that case, the parties agree that the exclusive jurisdiction and venue described in the General section below will govern any action arising out of or related to these Terms of Service.
Confidentiality. We each agree to keep the arbitration proceedings, all information exchanged between us, and any settlement offers confidential, unless otherwise required by law or requested by law enforcement or any court or governmental body. However, we may each disclose these matters, in confidence, to our respective accountants, auditors, and insurance providers.
XIII. TERMINATION
You agree that the Therapy Resource Network, in its sole discretion, may suspend or terminate your Account (or any part thereof) or your access to the Services and remove and discard any content or data at any time and for any reason, with or without notice, and without any liability to you or to any third party for any claims, damages, costs or losses resulting therefrom.
XIV. USER DISPUTES
You agree that you are solely responsible for your interactions with any other User in connection with the Services and the Therapy Resource Network will have no liability or responsibility with respect thereto. The Therapy Resource Network reserves the right, but has no obligation, to become involved in disputes between you and any other User.
- GENERAL
These Terms of Service constitute the entire agreement between you and the Therapy Resource Network and govern your use of the Services, superseding any prior agreements between you and the Therapy Resource Network with respect to the Services. You also may be subject to additional terms and conditions that may apply when you use affiliate or third-party services, third-party content or third-party software. These Terms of Service will be governed by the laws of the State of California without regard to its conflict of law provisions. With respect to any disputes or claims not subject to arbitration, as set forth above, you and the Therapy Resource Network agree to submit to the personal and exclusive jurisdiction of the state and federal courts located within Ventura County, California. The failure of the Therapy Resource Network to exercise or enforce any right or provision of these Terms of Service will not constitute a waiver of such right or provision. If any provision of these Terms of Service is found by a court of competent jurisdiction to be (or are otherwise) invalid, the parties nevertheless agree that the court should endeavor to give effect to the parties’ intentions as reflected in the provision, and the other provisions of these Terms of Service remain in full force and effect. 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 THE SERVICES OR THESE TERMS OF SERVICE MUST BE FILED WITHIN ONE (1) YEAR AFTER SUCH CLAIM OR CAUSE OF ACTION AROSE OR BE FOREVER BARRED. A printed version of this agreement and of any notice given in electronic form will be admissible in judicial or administrative proceedings based upon or relating to this agreement to the same extent and subject to the same conditions as other business documents and records originally generated and maintained in printed form. You may not assign these Terms of Service without the prior written consent of the Therapy Resource Network, but the Therapy Resource Network may assign or transfer these Terms of Service, in whole or in part, without restriction. If we fail to enforce any of our rights, that does not result in a waiver of that right. The section titles in these Terms of Service are for convenience only and have no legal or contractual effect. Notices to you may be made via either email or regular mail. The Services may also provide notices to you of changes to these Terms of Service or other matters by displaying notices or links to notices generally on the Platform.