Welcome to the ADHD ASSESSMENT CLINIC website.

By accessing or using the website, you are acknowledging that you have read, understand, and agree, without limitation or qualification, to be bound by these terms of use.

These Terms of Use (“Terms”) govern your use of this website (“Site”).  Please read the terms in full before using our site.  By accepting these Terms, or by using this Site, you agree to be legally bound by these Terms.  If you do not agree to these Terms, please do not use our Site.  We reserve the right to modify these Terms at any time without prior notice, and your use of the Site binds you to the changes made.  We do occasionally update these terms so please refer to them in the future.

1. DEFINITIONS.

“Clinic,” “We,” “Us,” or “Our” means ADHD ASSESSMENT CLINIC.

“Site” means this Site and any and all content, software, data, information, applications, and materials contained therein, and transactions completed thereon.

“Third Party Content” means certain third-party analysis, content, tools, features, materials, websites, services, or advertisements which Clinic makes available on or through this Site.

“Users” means individuals who are authorized by you to use the Site. Users may include but are not limited to yourself, or your employees, consultants, contractors, and other agents.

“You” or “Your” means the company or other legal or natural person which is our client and for which you are accepting these Terms, including our client’s affiliates.

2. BINDING AGREEMENT.

These Terms, and any other terms and conditions on this Site that govern particular features of the Site (the “Additional Terms”) are incorporated into the Terms by this reference.  The Terms and any Additional Terms (collectively, the “Agreement”) set forth the terms and conditions which govern your access to and use of the Site.  The Agreement sets forth the entire, final, and exclusive agreement between our Clinic and you with respect to your use of, and access to, the Site, and supersedes all previous oral and written terms, representations, or understandings concerning your use of, and access to, this Site.  This Agreement is effective between you and Clinic as of the date of your acceptance of this Agreement as a registered user or Site visitor.

3. OUR PROPRIETARY RIGHTS.

3.1 As between Clinic and you, and subject to your right, title, and interest in data you submit through this Site or otherwise provide or submit to Clinic, Clinic owns all right, title, and interest in and to the Site, including all related intellectual property rights subsisting therein.  Subject to the limited rights expressly granted hereunder, Clinic reserves all rights, title, and interest in and to the Site, including all related intellectual property rights subsisting therein.  We grant no rights to you hereunder other than as expressly set forth herein.  This Site and all materials and information published thereon are protected by U.S. and foreign copyright and other intellectual property laws.  You agree to protect the proprietary rights of Clinic and to comply with all reasonable written requests made by Clinic or its third-party licensors to protect their and others’ rights in the Site and materials and content made available on or through the Site.

3.2 All Clinic trademarks and service marks presented on the Site are the property of Clinic.  Clinic’s trademarks and trade dress may not be used in any form without the prior written consent of Clinic, and any use shall be subject to Clinic’s then-current policies and requirements.  All other trademarks, services marks, logos, designs, and trade dress not owned by Clinic that appear on this Site are the property of their respective owners, who may or may not be affiliated with, connected to, or sponsored by Clinic.

4. LICENSE.

4.1 Subject to this Agreement, Clinic hereby grants you a non-exclusive, non-transferable license for your personal use: (i) to access and use the Site; and (ii) to access and use materials or other content generated through or available on the Site.  All rights not explicitly granted in this Agreement are reserved by Clinic.  You may not use the Site in any manner inconsistent with this Agreement.

4.2 You shall not remove any copyright, patent, trademark, or other proprietary or restrictive notice or legend contained on the Site, and you shall reproduce all such notices and legends on all copies of documents, reports and other materials downloaded, printed, or distributed from the Site which copies are permitted to be made hereunder.

5. MEDICAL DISCLAIMER AND RESTRICTIONS ON USE.

5.1 Any information provided on this website, or any linked website is not intended as medical advice nor is it intended to replace discussions with a healthcare provider.  All decisions regarding patient care must be made with a healthcare provider, considering the unique characteristics of the patient.  If you have a medical concern, please consult with your physician.  Please consult your physician before using products offered on this site, if any. Clinic assumes no liability for the misuse of the information provided through this site. Except as otherwise expressly provided in these Terms or on the Site, you may not download, modify, copy, reproduce, republish, post, resell, upload, transmit, or distribute any materials or content except with the express written consent of Clinic or its third-party licensors.

5.2 In addition, you agree not to:

(a) Use or access the Site for any purpose that is unlawful or prohibited by the Agreement or display, transmit, or otherwise make available on or through the Site material that is infringing, threatening, harassing, libelous, hateful, racially, or ethnically objectionable, unlawful, tortious, harmful to children, invasive of another’s privacy, or violative of third-party privacy rights;

(b) Reverse engineer, decompile, modify, or create derivative works from any software or materials accessible by, or on the Site.

(c) Frame or utilize framing techniques to enclose any trademark, logo, or other proprietary information (including images, text, page layout, or form) of Clinic without express written consent.

(d) Make any commercial or non-fair use of the copyrights, trademarks, logos, symbols, or any other mark, device, or commercial identifier of Clinic or any of our third-party licensors without the express written consent of Clinic;

(e) Use or access the Site in a manner that could damage, disable, overburden, or impair any Clinic server or the networks connected to any Clinic server.

(f) Interfere with any third party’s use and enjoyment of the Site.

(g) Attempt to gain unauthorized access to the Site, User accounts, computer systems, or networks connected to any Clinic server through hacking, password mining, or any other means;

(h) Sublicense any license granted in or to materials on the Site (whether or not any of such acts are for commercial gain or advantage); or

(i) Access the Site in order to build a competitive product or service, or copy any features, functions, or graphics of the Sites.

6. YOUR RESPONSIBILITIES.

You shall: (i) have sole responsibility for the accuracy, quality, integrity, legality, reliability, and appropriateness of all content and data submitted to or published via the Site by you; (ii) comply with all applicable laws (including but not limited to export laws) in using the Site; and (iii) use the Site solely in accordance with any online user guides or instructions made available on or through the Site.  You shall not disclose or share any ID(s) and password(s) used to access this Site.  You are responsible for all activity that occurs under your ID(s) and password(s).  You agree to notify Clinic in writing promptly upon becoming aware of any unauthorized access or use of the Site by any party.

7. DATA RETENTION

7.1 You will be asked to provide information to register as a User, and in order to use certain parts of the Site. You acknowledge and agree that when the Agreement terminates in accordance with these Terms your access to such information through the Site may terminate, and that following such expiration or termination such information may be archived or deleted from the Site in accordance with our applicable records retention policy(ies). We do not guaranty the availability of your information, or any other content or materials on the Site, and you acknowledge and agree that such information stored on or through this Site may be archived or deleted periodically in accordance our applicable record retention policy(ies).

7.2 Clinic employs Google Analytics software called User-ID in order to better understand who its users are and what they want to do, find, and learn on the Clinic platform. User-ID allows Clinic to offer a better user experience by offering insight into whether the organizational structure of the Site is optimal. User-ID also allows Clinic to see which Site content is most popular and whether Clinic should work on further developing those areas. In order to accomplish this goal, Clinic will be collecting very limited user data through User-ID. Clinic will be gathering data about what page Users’ start on, what pages they visit, and in what order. Clinic will only associate User-ID data to users who have signed up on Clinic and are navigating the Site while signed in. Before sending any User data to Google Analytics, Clinic removes anything that would allow Google to identify a User. The only data Clinic will send to Google Analytics is the users’ unique ID, which Google will have no way of associating to the User’s personally identifiable information (PII). This data will remain anonymous to Google. Google cannot identify Users with the unique ID.

8. LINKS AND THIRD-PARTY INFORMATION.

8.1 Third Party Content is not maintained or controlled by Clinic, and as a matter of policy, Clinic does not independently verify, prescreen, or monitor any such Third-Party Content. While we believe the Third-Party Content is from reliable third-party sources, we are not responsible for the availability, content, completeness, adequacy, utility, or accuracy of such Third-Party Content. Clinic does not make any endorsement, express or implied, of any Third-Party Content.

8.2 Certain Third-Party Content is subject to additional specific terms and conditions which can be found in Additional Terms and in applicable areas of the Site and websites linked to this Site.  You acknowledge and agree that your use of such Third-Party Content is subject to all these terms.

8.3 Site features that interoperate with Third Party Content depend on the continuing availability of such third-party services and materials for use with the Site.  If the third-party providers of such services or materials cease to make the services or materials available on reasonable terms for the Site, we may cease providing such Site features.

9. DISCLAIMERS AND LIMITS OF LIABILITY.

9.1 THE SITE, PRODUCTS ON THE SITE, AND SERVICES PROVIDED THROUGH THE SITE ARE PROVIDED “AS IS,” WITHOUT WARRANTY OF ANY KIND, EITHER EXPRESS OR IMPLIED, INCLUDING BUT NOT LIMITED TO WARRANTIES OF NON-INFRINGEMENT, MERCHANTABILITY, OR FITNESS FOR A PARTICULAR PURPOSE.

9.2 By using Services, you assume all risks associated with the use of Clinic website, including any risk to your computer, software, or data being damaged by any virus, software, or any other file, which might be transmitted or activated via services. 

YOU ACKNOWLEDGE AND AGREE THAT, TO THE MAXIMUM EXTENT PERMITTED BY LAW, THE ENTIRE RISK ARISING OUT OF YOUR ACCESS TO AND USE OF THE SERVICES REMAINS WITH YOU. CLINIC SHALL NOT BE LIABLE FOR ANY INCIDENTAL, SPECIAL, EXEMPLARY OR CONSEQUENTIAL DAMAGES, INCLUDING LOST PROFITS, LOSS OF DATA OR GOODWILL, SERVICE INTERRUPTION, COMPUTER DAMAGE, FINES/CITATIONS, OR ADMINISTRATIVE ACTIONS arising out of or in connection with these terms or from the use of or inability to use the Services, whether based on warranty, contract, tort (including negligence), product liability or any other legal theory, and whether or not Clinic has been informed of the possibility of such damage, even if a limited remedy set forth herein is found to have failed of its essential purpose. Some jurisdictions do not allow the exclusion or limitation of liability for consequential or incidental damages, so the above limitation may not apply to you. In no event will Clinic total liability arising out of or in connection with these terms, from the use of or inability to use the Services, or from any communications or interactions with Clinic will exceed the amounts you have paid to Clinic for use of the services/products or one hundred dollars ($100), if you have not had any payment obligations under these terms, as applicable. Clinic and its authorized agents and contractors shall not be liable for any loss or injury caused in whole, or in part, by their actions, omissions, or contingencies beyond their control, including in procuring, compiling, or delivering the information, or arising out of any errors, omissions, or inaccuracies in the information or product ultimately delivered to you, regardless of how caused. The exclusions and limitations of damages set forth above are fundamental elements of the basis of the bargain between Clinic and you.

ANY CAUSE OF ACTION OR CLAIM YOU MAY HAVE ARISING OUT OF OR RELATING TO SERVICES OR PRODUCTS RECEIVED THROUGH THIS WEBSITE OR ANY AFFILIATED SITES OF CLINIC MUST BE COMMENCED WITHIN ONE (1) YEAR AFTER THE CAUSE OF ACTION ACCRUES. OTHERWISE, SUCH CAUSE OF ACTION OF CLAIM IS BARRED. 

10. INDEMNIFICATION.

As a condition of use of Services, you agree to indemnify, defend and hold harmless Clinic and its officers, directors, employee and agents, from and against any claims, disputes, demands, liabilities, damages, losses, and costs and expenses, including, without limitation, reasonable legal and accounting fees, arising out of or in any way connected with (i) your access to or use of the Website or/and services or/and products, or (ii) any claims alleging facts that if true would constitute a breach by you or your agents of these Terms. 

11. CHANGES TO AGREEMENT.

Clinic reserves the right to make changes, modifications, amendments, and/or updates to this Site and the Agreement.  When these changes are made, we will make a new copy of the Agreement available on this Site.  Changes to the Agreement shall be effective when posted.  You understand and agree that continued use of the Site after the Agreement has changed will be treated as your acceptance of the updated Agreement.

12. TERM AND TERMINATION.

This Agreement commences on the date you accept it and continues until terminated in accordance with this paragraph.  You may terminate your use of the Site without cause at any time upon written notice to us.  We may terminate access to and use of the Site (a) at any time with or without cause, upon notice to you or (b) upon termination of your relationship with Clinic for any reason.  Sections 3 (Proprietary Rights), 8 (Links and Third-Party Content), 9 (Disclaimers and Limits of Liability), 10 (Indemnification), Arbitration Agreement shall survive any termination or expiration of this Agreement.  We shall have no obligation to maintain or provide you a copy of any of your data in the Site following termination or expiration of this Agreement, unless otherwise specified in other applicable agreement between you and Clinic, or unless legally required to be retained.  

UPON TERMINATION OF YOUR ACCESS TO THE SITE, ANY INFORMATION STORED IN THE SITE WILL NOT BE ACCESSIBLE THROUGH THE SITE.

13. CONSENT TO NOTICES

By accepting this Agreement, you acknowledge and agree that Clinic and/or any of its agents may send you messages, emails, voicemails regarding your diagnosis and/or treatment. You understand and agree that Clinic is not responsible for the security or privacy of such communications. You further understand and agree that it is your sole responsibility to monitor and respond to these messages and emails and that Clinic nor any of its practitioners or agents will be responsible in any way and you will not hold them or Clinic liable for any loss, injury, or claims of any kind resulting from your failure to read or respond to these messages or for your failure to comply with any treatment recommendations from Clinic or its practitioners.