Terms of Service
Updated 25 September 2019
These Terms of Service (the “Terms”) govern your access and use of our online platform (including www.virtualemdr.com, associated websites, and related apps), through which self-guided eye movement therapy is provided (collectively the “Platform”). By accessing or using the Platform, you warrant that you are legally able to enter into a contract. You also warrant that you are at least 18 years old, or of legal age to enter into a contract in your jurisdiction, whichever is older. If you are under this age, your parent or legal guardian must consent to these Terms before you may access and use the Platform.
The terms “we”, “us”, “our”, “the Company” or similar refer to Virtual EMDR LLC, a limited liability company incorporated in Colorado, USA.
The terms “you”, “your”, “the User” or similar refer to you.
2. Program Description
Through the Platform, the Company offers an online self-guided mental health program known as “Virtual EMDR” (“the Program”). The Program is based on the principles of eye movement therapy commonly referred to as Eye Movement Desensitization and Reprocessing or “EMDR”. EMDR is used for the treatment of mental health conditions such as trauma, post-traumatic stress disorder (PTSD), depression, anxiety, and addictions.
The Program is designed for self-guided use by an individual in a non-clinical setting. You may also elect to use it under the guidance or supervision of a professional, such as an EMDR practitioner or therapist. The Company does not make any warranties, claims, or representations as to the efficacy of using the Program compared to other formats of delivery of EMDR, such as traditional in-person sessions with a therapist.
The Company does not warrant that the Program has been endorsed, created, developed or tested by any professional organization associated with EMDR. The Company also does not represent that we are affiliated, endorsed by, members of, connected to or in any way associated with any such organizations. Any comments by EMDR practitioners that appear on the Platform are made in their individual capacity and do not represent an endorsement of the Product or the Company by organizations to which such practitioners may belong.
3. Suitability of Use
While many Users can benefit from access to the Program and the Platform, you understand, agree and acknowledge that the Program may not be the appropriate solution for your specific needs and that it may not be appropriate for you in every situation. You understand and acknowledge the limitations and tradeoffs of using an online self-guided Program. You also acknowledge that the Program may not be a complete substitute for therapy delivered face-to-face and/or one-to-one.
IF YOU ARE THINKING OF SUICIDE OR IF YOU ARE CONSIDERING HARMING YOURSELF OR OTHERS OR IF YOU FEEL THAT ANY OTHER PERSON MAY BE IN ANY DANGER OR IF YOU HAVE ANY MEDICAL EMERGENCY, YOU MUST IMMEDIATELY CALL THE EMERGENCY SERVICES NUMBER IN YOUR LOCAL AREA AND NOTIFY THE RELEVANT AUTHORITIES. SEEK IMMEDIATE ASSISTANCE. THE PLATFORM IS NOT DESIGNED FOR USE IN CASES WHERE LIFE OR SAFETY OF YOURSELF OR OTHERS IS AT IMMEDIATE RISK.
The Platform is not intended for the provision of clinical diagnosis requiring an in-person evaluation and you should not use it to fulfill official requirements such as court-ordered counseling. It is also not to be used for advice or information regarding which medical treatment may be appropriate for you. If in doubt as to the suitability of the Program for you, you must consult a qualified medical professional
4. Disclaimer and Limitation of Liability
You hereby release us and agree to hold us harmless from any and all causes of action and claims of any nature resulting from your, or any person’s, use of the Product and/or the Platform.
You understand, agree and acknowledge that the Platform is provided "as is" without any express or implied warranties of any kind, including but not limited to merchantability, non-infringement, security, fitness for a particular purpose or accuracy. The use of the Platform is at your own risk. To the fullest extent of the law, we expressly disclaim all warranties of any kind, whether expressed or implied.
You understand, agree and acknowledge that we shall not be liable to you or to any third party for any indirect, incidental, consequential, special, punitive or exemplary damages.
You understand, agree and acknowledge that our aggregate liability for damages arising with respect to this agreement and any and all use of the Platform will not exceed the total amount of money paid by you to us through the Platform in the three (3) month period prior to the date of the claim, or to the extent permitted by applicable law.
5. Account Set-up and Access
To access certain features of the Platform, including the Product, you will be required to become a registered user by creating a User account (“the Account”). By creating an Account, you confirm that you are of legal age and capacity to enter into a binding contract. If you are under legal age, you must have your parent or legal guardian’s consent before creating an Account.
You agree that all the information that you provided in or through the Platform in the process of setting up and maintaining your Account is accurate, true, current and complete. Furthermore, you agree to maintain and update this information so it will continue to be accurate, current and complete.
You understand and acknowledge that private and sensitive information may be contained in your Account, including but not limited to your name, username, password, contact details, session history, billing information, payment details, session records including details of your mental health conditions, medical history, and confidential notes written by you. Therefore, you agree, confirm and acknowledge that you are responsible for maintaining the confidentiality of your password and any other security information related to your Account. We advise you to change your password frequently and to take extra care in safeguarding your password.
You agree and commit not to allow any other person to access and use your Account, either with or without your consent and/or knowledge. You agree to notify us immediately if you are made aware of or suspect any unauthorized use of your Account or any other concern regarding potential or actual breach of your Account security. You also agree not to access or use, or attempt to access or use, the Account of any other person for any reason.
You agree, confirm and acknowledge that you are solely and fully liable and responsible for all activities performed using your Account. You further acknowledge and agree that we will hold you liable and responsible for any damage or loss incurred as a result of the use of your Account by any person whether authorized by you or not, and you agree to indemnify us for any such damage or loss. You also agree, confirm and acknowledge that we will not be liable for any loss or damage that incurred as a result of someone else using your Account, either with or without your consent and/or knowledge.
You agree and commit not to interfere with or disrupt, or attempt to interfere with or disrupt, any of our systems, services, servers, networks or infrastructure, including obtaining or attempting to obtain unauthorized access. While we make commercially reasonable efforts to ensure the Platform’s reliability and accessibility, you understand and agree that access to the Platform may at times be interrupted, suspended or otherwise unavailable for reasons, whether foreseeable or unforeseeable, within or outside our control. You agree that we will not be liable for any losses or damages caused or suffered by you, as a result of any interruption, suspension, or unavailability of service for any reason or cause.
You agree and commit not to make any use of the Platform for the posting, sending or delivering of: (a) unsolicited email and/or advertisement or promotion of goods and services; (b) malicious software or code; (c) unlawful, harassing, privacy invading, abusive, threatening, vulgar, obscene, racist or potentially harmful content; (d) any content that infringes a third party right including intellectual property rights; (e) any content that may cause damage to us or a third party; (f) any content which may constitute, cause or encourage a criminal action or violate any applicable law.
We reserve the right to suspend or close your Account, restrict or terminate your access to the Platform at any time for any reason. Refunds for any remaining period of your subscription shall be at our sole discretion.
6. Intellectual Property
You understand, agree and acknowledge that the text, graphics, user interface, audio clips, video clips, editorial content, scripts and software available on the Platform (collectively referred to as the “Content”) contain and consist of proprietary information and material that is owned by us, and is protected by applicable intellectual property and other laws. You agree that you will use such proprietary information or materials only for uses permitted by and in a manner compliant with the Terms. You agree not to copy, use, modify, extract, repost, republish, reverse engineer, attempt to obtain the source code, recreate or reproduce in any form or by means, any portion of the Content, without our express written consent.
The “Virtual EMDR” name, logo, design, and associated service marks, graphics, and logos used on the Platform are trademarks of the Company. No right or license with respect to any of these trademarks is granted to you for any purpose, and any unauthorized use of them by you shall constitute a material breach of these Terms.
7. Subscription and Billing
We offer a “3-day Free Trial” on all paid subscription packages. You may sign up and use the Program free for 3 consecutive days. During the 3 days, you may cancel your subscription at any time through your User Account. After the expiry of the 3 days, if you do not cancel, you will be billed and charged in full through the Payment Method you have provided. For cancellations outside the 3 day period, refunds for any remaining period of your subscription shall be at our sole discretion.
You confirm and agree to provide and use debit cards, credit cards or other acceptable means of payment (collectively “Payment Method”) which you are duly and fully authorized to use, and to ensure that all payment related information that you provide to or through the Platform, is accurate, current and correct.
You agree to pay all fees and charges associated with your Account on a timely basis, and authorize us to bill and charge you through the Payment Method provided. We use a secure third-party membership management system, and do not store or have access to details of your Payment Method.
You understand, agree and acknowledge that your subscription will automatically renew at the expiration of your package, unless you cancel your subscription in advance by informing us in writing and/or turning off the auto-renewal setting in your User Account. If you do not do so, you will be automatically billed and charged in full through the Payment Method provided. Renewals will be billed at the prevailing rate (i.e., the price offered to new subscribers) listed on the Platform for your subscription package, which may be higher or lower than the rate you were originally charged. Discounts, free trials, or other promotions apply to renewals only if explicitly stated by us.
We hope that you will find the Program beneficial on your healing journey. If you have any concerns about a bill or a payment, or if you are not 100% satisfied with your experience, please contact us or email us at firstname.lastname@example.org to let us know why.
8. Privacy and Security
9. Associated Services and Third Party Content
From time to time, we may feature associated services or products on the Platform (collectively “Associated Services”) that we believe can enhance, improve or support your use of the Product and/or Platform. Such Associated Services may include, but is not limited to, coaching, therapist services, treatment programs, or similar, however marketed or referred to. These Associated Services may be provided by us and/or third parties. We do not make any representations, warranties, inducements, or promises as to the quality, qualification, certification, licensing, efficacy, necessity, desirability or any other feature of these Associated Services. We do not require you to try, purchase, sign up for, install or otherwise use any of these Associated Services as a condition for using the Platform or Product. You agree that if you decide to use these Associated Services, you will do so at your own risk, and that we will not be liable for any damage or loss caused or suffered by you as a result.
The Platform may contain other content products or services which are offered or provided by third parties ("Third Party Content"), links to Third Party Content, or advertisements which are related to Third Party Content. We may feature the Third Party Content as we it may be of interest, relevance and/or benefit to you. However, we are not responsible for the creation or verification of Third Party Content. Using or relying on it will be at your own risk, and you agree that we will not be liable for any damage or loss caused or suffered by you as a result.
You agree to indemnify, defend, and hold us harmless from and against any and all claims, losses, causes of action, demands, liabilities, costs or expenses (including, but not limited to, litigation and reasonable attorneys' fees and expenses) arising out of or relating to any of the following: (a) your access to or use of the Platform; (b) any actions made with or through your Account whether by you or by someone else; (c) your violation of any of the provisions of this Terms; (d) non-payment for access to the Product or any service which were provided through the Platform; (e) your violation of any third party rights, including, without limitation, any intellectual property right, publicity, confidentiality, property or privacy rights.
In the event that this is necessary, we reserve the right, at your expense, to assume the exclusive defense and control of any matter for which you are required to indemnify us and you agree to cooperate with our defense of these claims. You agree not to settle any such matter without our prior written consent. We will use reasonable efforts to notify you of any such claim, action or proceeding upon becoming aware of it.
11. Important Notes
We may change the Terms by posting modifications on the Platform at any time. Unless otherwise specified by us, all modifications shall be effective upon posting. You are encouraged to check the Platform frequently for updates. By using the platform after the changes become effective, you agree to be bound by such changes. If you do not agree, you must terminate access to the Platform and immediately cease using the Product and/or any part of the Content.
We may freely transfer, assign, license or delegate any of our rights and obligations under the Terms without notice to you.
Formatting, including paragraphs and headings, used here are solely for the sake of convenience and shall not affect the interpretation of the Terms. If any provision of the Terms is held by a court of competent jurisdiction to be illegal, invalid, unenforceable, or otherwise contrary to law, the remaining provisions shall remain in full force and effect.
All clauses regarding limitations of liabilities and indemnification shall survive the termination or expiration of any or all of the Terms. Any omission or failure on our part to exercise or enforce any right or provision of the Terms does not constitute a waiver of our rights, and shall not be deemed a waiver of our further rights.
These Terms shall be governed by and construed in accordance with the laws of the State of Colorado. Any dispute arising out of subject matter of these Terms shall be governed by the competent courts of State of Colorado.
In agreeing to the Terms, you confirm that you have not relied upon any representations, promises, inducements, or other conditions except as set forth above.