TERMS & CONDITIONS

Please read the following Terms of Use (“Terms”) carefully. They govern your use of Darcie R Clark LPCC, LLC’s (“Riverscape”, “we” or “us”) website at www.riverscapecounseling.com (the “Website”). By using the Website, you acknowledge that you have read and understand all the Terms, and you agree to be bound and abide by these Terms and our Privacy Policy, found at https://www.riv.erscapecounseling.com/about/privacy and incorporated herein by reference. If you do not agree to these Terms, please do not access or use the Website. Your use of the Website shall constitute consent to these Terms.

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I. NATURE OF THE WEBSITE
The Website is an online source of information about health conditions, health care procedures, health care providers, and other topics. Information provided through the Website is not intended to be a substitute for the advice and professional judgment of a physician or other professional medical personnel. You acknowledge and agree that you should never delay treatment or make a treatment decision based solely upon information provided through the Website. You further acknowledge and agree that the Website is not intended to diagnose a condition, prescribe treatment, or perform any other tasks that constitute or may constitute the practice of medicine or of other professional or academic disciplines. We work diligently to provide information that is current, timely, and useful.  However, Riverscape cannot and does not warrant that any of this information is always accurate and complete. Any reliance you place on such Website information is strictly at your own risk.

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II. USE OF THE WEBSITE
You may use the Website only for legal, personal, non-commercial (not for profit) uses in accordance with these Terms. Riverscape Counseling reserves the right to make changes to, update or withdraw the Website at any time and without notice. Your access to and use of the Website is completely at the discretion of Riverscape, and your access to and use of all or part of the Website may be blocked, suspended, or terminated should your use violate these Terms. You may link a website or webpage to the Website, provided you do so in a way that is fair and legal and does not damage our reputation or imply Riverscape's  endorsement of any such use.

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III. INTELLECTUAL PROPERTY
The Website and its entire contents, features, and functionality (including but not limited to all information, software, text, displays, images, video, and audio, and the design, selection, and arrangement thereof), are owned by Riverscape  its licensors, or other providers of such material and may be protected by United States and international copyright, trademark, patent, trade secret, and other intellectual property or proprietary rights laws. Except as otherwise permitted by these Terms, you may not download, modify, make derivative works of, store or transmit any material on the Website, or any portion of the Website, except with express written consent of Riverscape Counseling. You may view, print, copy, and download portions of information, documentation, and other content of the Website solely in connection with your use of the Website, and solely for your own personal, non-commercial (not for profit) use or personal records. No right, title, or interest in or to the Website or any content on the Website is transferred to you, and all rights not expressly granted are reserved by Riverscape Counseling. Any use of the Website not expressly permitted by these Terms is a breach of these Terms and may violate copyright, trademark, contract and other laws.

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IV. HIPAA
Please be advised that while  Riverscape Counseling and its clinics, in certain capacities, are regulated by the Health Insurance Portability and Accountability Act (“HIPAA”), it is not the intent or designed purpose of the Website to collect, store or transfer Protected Health Information (“PHI”).  Your use of the Website does not create a patient relationship between you and Riverscape or between you and any health care professional employed by or associated with  Riverscape .  Any information you provide through the Website will not be considered a medical record or PHI. Please do not enter or share sensitive healthcare information, including PHI, into the Website.  Please use traditional means already established with any healthcare providers under the appropriate Notice of Privacy Practices for that provider.

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V. THIRD PARTY INFORMATION; LINKS TO OTHER SITES
The Website may contain windows or hyperlinks which provide access to other third party websites not affiliated with the Website or with Riverscape, or to informational content provided by such third party websites. Any links to third party websites are for your convenience only. Your use of such third party websites or information is subject to and governed by any terms of use and privacy policy posted on any such third party website. Riverscape is not liable for and does not endorse nor make any representations or warranties concerning any information, content, products, services, software, or other materials available on such third-party websites, even if a page or pages of the third party website is framed within a page of this Website.

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VI. DISCLAIMER OF WARRANTIES & LIMITATION OF LIABILITY
You understand the use of the Website is at your own risk.  You understand that we cannot and do not guarantee or warrant that files available for downloading from the internet or the Website will be free of viruses or other destructive code. You are responsible for implementing sufficient procedures and checkpoints to satisfy your particular requirements for anti-virus protection and accuracy of data input and output, and for maintaining a means external to our site for any reconstruction of any lost data. WE WILL NOT BE LIABLE FOR ANY LOSS OR DAMAGE CAUSED BY A DISTRIBUTED DENIAL-OF-SERVICE ATTACK, VIRUSES OR OTHER TECHNOLOGICALLY HARMFUL MATERIAL THAT MAY INFECT YOUR COMPUTER EQUIPMENT, COMPUTER PROGRAMS, DATA OR OTHER PROPRIETARY MATERIAL DUE TO YOUR USE OF THE WEBSITE OR ANY SERVICES OR ITEMS OBTAINED THROUGH THE WEBSITE OR TO YOUR DOWNLOADING OF ANY MATERIAL POSTED ON IT, OR ON ANY WEBSITE LINKED TO IT.

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THE WEBSITE, ITS CONTENT AND ANY SERVICES OR ITEMS OBTAINED THROUGH THE WEBSITE ARE PROVIDED ON AN “AS IS” AND “AS AVAILABLE” BASIS, WITHOUT ANY WARRANTIES OF ANY KIND, EITHER EXPRESS OR IMPLIED. NEITHER RIVERSCAPE COUNSELING NOR ANY PERSON ASSOCIATED WITH RIVERSCAPE COUNSELING MAKES ANY WARRANTY OR REPRESENTATION WITH RESPECT TO THE COMPLETENESS, SECURITY, RELIABILITY, QUALITY, ACCURACY OR AVAILABILITY OF THE WEBSITE. WITHOUT LIMITING THE FOREGOING, NEITHER RIVERSCAPE COUNSELING NOR ANYONE ASSOCIATED WITH RIVERSCAPE COUNSELING REPRESENTS OR WARRANTS THAT THE WEBSITE, ITS CONTENT OR ANY SERVICES OR ITEMS OBTAINED THROUGH THE WEBSITE WILL BE ACCURATE, RELIABLE, ERROR-FREE OR UNINTERRUPTED, THAT DEFECTS WILL BE CORRECTED, THAT OUR SITE OR THE SERVER THAT MAKES IT AVAILABLE ARE FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS OR THAT THE WEBSITE OR ANY SERVICES OR ITEMS OBTAINED THROUGH THE WEBSITE WILL OTHERWISE MEET YOUR NEEDS OR EXPECTATIONS.

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RIVERSCAPE COUNSELING HEREBY DISCLAIMS ALL WARRANTIES OF ANY KIND, WHETHER EXPRESS OR IMPLIED, STATUTORY OR OTHERWISE, INCLUDING BUT NOT LIMITED TO ANY WARRANTIES OF MERCHANTABILITY, NON-INFRINGEMENT AND FITNESS FOR PARTICULAR PURPOSE.

IN NO EVENT WILL RIVERSCAPE COUNSELING, ITS AFFILIATES OR THEIR LICENSORS, SERVICE PROVIDERS, EMPLOYEES, AGENTS, OFFICERS OR DIRECTORS BE LIABLE FOR DAMAGES OF ANY KIND, UNDER ANY LEGAL THEORY, ARISING OUT OF OR IN CONNECTION WITH YOUR USE, OR INABILITY TO USE, THE WEBSITE, ANY WEBSITES LINKED TO IT, ANY CONTENT ON THE WEBSITE OR SUCH OTHER WEBSITES OR ANY SERVICES OR ITEMS OBTAINED THROUGH THE WEBSITE OR SUCH OTHER WEBSITES, INCLUDING ANY DIRECT, INDIRECT, SPECIAL, INCIDENTAL, CONSEQUENTIAL OR PUNITIVE DAMAGES, INCLUDING BUT NOT LIMITED TO, PERSONAL INJURY, PAIN AND SUFFERING, EMOTIONAL DISTRESS, LOSS OF REVENUE, LOSS OF PROFITS, LOSS OF BUSINESS OR ANTICIPATED SAVINGS, LOSS OF USE, LOSS OF GOODWILL, LOSS OF DATA, AND WHETHER CAUSED BY TORT (INCLUDING NEGLIGENCE), BREACH OF CONTRACT OR OTHERWISE, EVEN IF FORESEEABLE.

THE FOREGOING DOES NOT AFFECT ANY WARRANTIES WHICH CANNOT BE EXCLUDED OR LIMITED UNDER APPLICABLE LAW.

VI. GENERAL

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A. GOVERNING LAW AND VENUE. The laws of the State of Indiana shall govern these Terms. All matters relating to the Website and these Terms and any dispute or claim arising therefrom or related thereto (in each case, including non-contractual disputes or claims), shall be governed by and construed in accordance with the internal laws of the State of Indiana without giving effect to any choice or conflict of law provision or rule (whether of the State of Indiana or any other jurisdiction). Any legal suit, action or proceeding arising out of, or related to, these Terms or the Website shall be instituted exclusively in the federal courts of the United States or the courts of the State of Indiana in each case located in the City of Indianapolis and County of Marion. You waive any and all objections to the exercise of jurisdiction over you by such courts and to venue in such courts.

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B. ARBITRATION. At Riverscape Counseling's sole discretion, Riverscape may require you to submit any disputes arising from the use of these Terms or the Website, including disputes arising from or concerning their interpretation, violation, invalidity, non-performance, or termination, to final and binding arbitration under the Rules of Arbitration of the American Arbitration Association applying Indiana law.

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C. INDEMNIFICATION. You agree to defend, indemnify and hold harmless Riverscape Counseling  its affiliates, licensors and service providers, and its and their respective officers, directors, employees, contractors, agents, licensors, suppliers, successors and assigns from and against any claims, liabilities, damages, judgments, awards, losses, costs, expenses or fees (including reasonable attorneys’ fees) arising out of or relating to your violation of these Terms or your use of the Website, including, but not limited to any submissions you make, any use of the Website’s content, services and products other than as expressly authorized in these Terms or your use of any information obtained from the Website

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D. U.S. USE ONLY. Riverscape Counseling, as the owner of the Website, is based in the state of Indiana in the United States. We provide this Website for use only by persons located in the United States.

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E. CHANGES. Riverscape Counseling  reserves the right to change the Terms in its sole and absolute discretion at any time. All changes to the Terms are effective from the date posted.

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F. QUESTIONS OR COMMENTS. If you have any questions, comments or concerns about these Terms, the Website, or your dealings with Riverscape Counseling, please email your questions to Email Compliance at info@riverscapecounseling.com

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VIII. CHANGES TO THE TERMS OF USE

The Company may change the Terms from time to time as required by evolving business needs. If changes are made, please note that it may take up to 30 business days before new practices are implemented. The current revision date will always be designated within the Terms. Check this page periodically if you would like to monitor changes.

 

This Terms of Use was last revised on: February 28, 2018