Terms of Use-Practitioner

Last updated: 7/10/12

 

This Terms of Use document governs the use of, and subscription to BHRACheckup.com, HealthyLivingCheckup.com, BHCheckup.com, WellbeingCheckup.com, and CatalystTherapyPlatform.com screening platforms (“Service”) operated by Radiant Interactive Group, Inc. (“Radiant”) by EAP and health plan network providers, treatment counselors, and private practice therapists (“User(s)”)

 

By using the Service you hereby agree to this Terms of Use document. This document is subject to modification at any time, and changes are effective upon posting, without notice. Your continued use of the Service constitutes your acceptance of, and agreement to, all changes and modifications hereto. You are urged to periodically check this document for modifications and updates.

 

ACCOUNT SET-UP/BILLING

 

To initiate subscription to the Service, a one-time set-up fee shall be charged to User’s credit or debit card, together with the recurring first month’s recurring subscription fee for the applicable platform options selected by User as published by Radiant in its current fee schedule. The monthly recurring subscription fee shall be charged every 30 days thereafter until the Service is cancelled by User. The 30 day recurring fee is billed in advance for the ensuing 30 day subscription period.

 

PAYMENT METHODS

 

Radiant accepts Visa, Mastercard, American Express and Discover credit cards, and bank debit cards bearing the Visa or Mastercard logos. Radiant does not capture or store any credit card information on its websites. In the event User’s credit or debit card expires, or is otherwise declined after initial account set up, User and User’s clients’ use of the screening tools embedded into the Service will be denied. Radiant will endeavor to notify User and self-pay clients of pending credit card expirations or declinations whenever possible.

 

FEE INCREASES/DECREASES

 

You will be notified of pending subscription fee increases at least 30 days prior thereto to enable you to cancel your account, should you desire to do so, without being charged at the increased rate. Your choice not to cancel shall be deemed your acceptance of the new fee schedule. Accordingly, no refunds shall be given for your failure to cancel your account in advance of such increased fees.

 

In the event Radiant elects to decrease its recurring subscription fees to new Users, Radiant, may, at its option, extend such decreased recurring fee to existing Users. Whether Radiant opts to extend any such decreases to you or not, you will not be entitled to any refund of the difference between the existing recurring fee you currently pay and the new fee for the period between the commencement date of the existing fee and the new fee. This non-refund policy also applies to any decreases which Radiant may apply to its one time set-up fees for new Users.

 

Radiant will not extend any decreased fees to you offered to new Users that are deemed by Radiant to be promotional fees or discounts.

 

CANCELLATION

 

User may cancel its account at any time by clicking on the “Cancel Account” link located on User’s My Account page, and following the cancellation procedure contained therein. User understands and agrees that upon cancellation its subscription and website access will remain active through the end of the then current 30 day billing cycle. Once the 30 day cycle date has elapsed, User and its clients may still login to the Service to view previous client screening data, but User will not be permitted to pre-register any new clients, or otherwise continue to use the Service for screening purposes.

 

Those clients of User that have paid a one-time access fee shall continue to have access to the Service, including the ability to conduct self-screenings until expiration of their 12 month term.

 

REACTIVATION OF ACCOUNT

 

User may reactivate a previously cancelled or locked account by logging into the Service and tendering a new credit or debit card.

 

BEHAVIORAL SCREENING FACILITATOR DESIGNATION

 

One or more of the EAP or health plan panels with which you are affiliated may be offering you the opportunity to become a “Behavioral Screening Facilitator”. The main feature of this program is that you may be given client referrals on a priority basis over those providers who do not have the Behavioral Screening Facilitator designation.

 

Even though you may be recognized as a Behavioral Screening Facilitator by the panels you are affiliated with, you hereby acknowledge referral of clients to providers is still primarily based upon the following:

 

• The physical location of the provider’s office in proximity to the client’s area of residence or workplace;
• The clinical specialties of the provider in relation to the client’s presenting issues or needs;
• Provider availability;
• Insurance considerations; and
• The gender, age, or unique orientation of the provider when expressed as a preference by the client

 

In view of the foregoing, you hereby understand and agree that the EAPs and health plans with which you are affiliated make no guarantees or representations that you will in fact receive more client referrals than you received from them prior to achieving your Behavioral Screening Facilitator designation.

 

Accordingly, the EAPs or health plans with which you are affiliated will not provide any refunds to you for amounts expended by you to subscribe to the Behavioral Health Risk Assessment platform for failure to provide additional client referrals to you.

 

REFUND POLICY

 

No refunds shall be given by Radiant to Users for any reason, except attributable to Service outages as described in the Service Outages paragraph below. In particular, no refund of any portion of the monthly fee paid during the 30 day cycle in which User cancels its account shall be refunded to User for the period between the date of cancellation and the end of the then current 30 day cycle.

 

User acknowledges and agrees that Radiant strictly provides the website Service, and that Radiant does not make any representations regarding, or have any connection with, the Behavioral Screening Facilitator designation or referral priority program promoted by the EAP(s) or health plan(s) with which User is affiliated. Accordingly, in the event User wishes to seek a refund of any amounts paid to Radiant for subscription to the Service on the basis that the EAP(s) or health plan(s) with which it is affiliated failed to deliver to User the expected number of client referrals, User agrees to direct such refund requests to the applicable EAP(s) or health plan(s), and to negotiate any settlement directly with them. Radiant shall not be responsible for any refunds in connection with an EAP or health plan’s failure to meet User’s client referral expectations.

 

HOSTING/MAINTENANCE/SUPPORT/SERVICE OUTAGES

 

Radiant shall host and maintain the Service and all User and client account information on its servers. Radiant shall respond immediately to any requests by User or its clients to fix any bugs affecting the website. Under all circumstances, Radiant shall endeavor to have any and all technical difficulties affecting the website corrected in as timely and efficient a manner as possible. Radiant shall notify User and its clients of periodic upgrades to the website or planned outages attributable to scheduled maintenance.

 

Except for natural disasters, acts of war or terrorism, or planned outages for routine maintenance and upgrades, in the event the website Service experiences technical difficulties and is offline for a period in excess of 24 hours, Radiant hereby agrees to credit to User’s credit card in the month following such technical problem a sum equal to the per diem cost of the subscription fee for each day in excess of the initial 24 hours that such technical problem persists.

 

REPRESENTATIONS AND WARRANTIES

 

User hereby represents that User is at least 18 years of age, and that it is duly licensed to provide counseling services within the state(s) in which User provides such professional services.

 

User further represents, warrants and covenants that no materials of any kind submitted by User or use thereof, in accordance with the terms and conditions of this User Agreement, will:

 

• violate, plagiarize, or infringe upon the rights of any third party, including copyright, trademark, privacy or publicity, moral rights, contract or other personal or proprietary right;
• contain libelous or otherwise unlawful material;
• constitute false or misleading indications of origin or statements of facts;
• slander, libel or defame any person or entity;
• cause injury of any kind to any person or entity; or
• violate any applicable laws, rules, regulations, or other governmental regulations.

 

User hereby indemnifies, defends and holds Radiant and all officers, directors, owners, agents, information providers, affiliates, licensors and Licensees (collectively, the "Indemnified Parties") harmless from and against any and all liability and costs incurred by the Indemnified Parties in connection with any claim arising out of any breach by User of the User Agreement or the foregoing representations, warranties and covenants, including, without limitation, reasonable attorney's fees. User shall cooperate as fully as reasonably required in the defense of any claim. Radiant reserves the right, at User's expense, to assume the exclusive defense and control of any matter otherwise subject to indemnification by User, including the selection of legal counsel.

 

Radiant neither represents nor endorses the accuracy or reliability of any advice, opinion, statement, or other information, displayed, uploaded, or distributed through the Websites by User, information provider or any other person or entity. Radiant, AND ANY MATERIALS PROVIDED BY Radiant OR THIRD PARTIES, ARE PROVIDED "AS IS." Radiant MAKES NO WARRANTIES, EXPRESS OR IMPLIED, AS TO THE MERCHANTABILITY, FITNESS FOR A PARTICULAR USE OR PURPOSE, TITLE, NON-INFRINGEMENT OR ANY OTHER WARRANTY, CONDITION, GUARANTY, OR REPRESENTATION, WHETHER ORAL, IN WRITING, OR IN ELECTRONIC FORM, INCLUDING BUT NOT LIMITED TO THE ACCURACY OR USEFULNESS OF ANY MATERIALS PROVIDED THROUGH THE SERVICE. Radiant SHALL NOT BE RESPONSIBLE TO THE USER OR ANY THIRD PARTIES FOR ANY DIRECT OR INDIRECT, CONSEQUENTIAL, SPECIAL PUNITIVE OR EXEMPLARY DAMAGE OR LOSS INCURRED IN CONNECTION WITH THE USE OF THE SERVICE, THE ACCESS SOFTWARE OR ANY OF THE MATERIALS PROVIDED BY Radiant OR THIRD PARTIES THROUGH THE SERVICE, OR ANY DAMAGE OR LOSS INTERRUPTIONS, DELETIONS OF FILES, ERRORS, DEFECTS, DELAYS IN PERFORMANCE OF THE SERVICE OR THE ACCESS SOFTWARE, REGARDLESS OF THE CLAIM AS TO THE NATURE OF THE CAUSE OF ACTION, EVEN IF Radiant HAS ADVERTISED OF THE POSSIBILITY OF SUCH DAMAGE OR LOSS.

 

User hereby acknowledges that use of the Websites is at the User's sole discretion.

 

COPYRIGHT

 

The content of the Website Service is intended for the personal, noncommercial use of its Users. All materials on the Websites (including, but not limited to, articles, action plans, news articles, photographs, images, illustrations, audio and video clips, also known as "The Content") are protected by copyright and other intellectual property laws, and are owned or controlled by the party credited as the provider of the content, software, or other materials. Users shall abide by all additional copyright or other notices, information, or restrictions appearing in conjunction with any Content accessed through the Websites.

 

The Website Service is protected by copyright as a collective work and/or compilation pursuant to U.S. copyright laws, international conventions, and other copyright laws. Except as set forth in Section 1 of this Terms of Use, Users may not modify, adapt, translate, exhibit, publish, transmit, participate in the transfer or sale of, reproduce (except as provided in this section of the terms of Use), create derivative works from, distribute, perform, display, reverse engineer, decompile or dissemble, or in any way exploit, any of the content, software, materials or Service in whole or in part.

 

Users may download or copy the Content and other downloadable items displayed on the Websites for personal, noncommercial use only, provided that User maintains all copyright and other notices contained in such Content. Copying or storing of any Content for other than personal, noncommercial use is expressly prohibited without the prior written permission from Radiant or the copyright holder identified in the individual Content's proprietary notices including copyright notice.

 

SOFTWARE

 

User shall have no rights to the proprietary software and related documentation enhancements, or modifications thereto, provided to the User to access the Website Service (Access Software). User may not sublicense, assign or transfer any licenses granted by Radiant, and any attempt at such sublicense, assignment, or transfer is void.

 

User may copy such software for archival purposes only. User may not copy, distribute, modify, reverse engineer, or create derivative works from Access Software.

 

TERMINATION

 

Radiant may, in its sole discretion, terminate or suspend User's access to all or any part of the Website Service for any reason, including, but not limited to, breach of the Terms of Use. Termination or suspension does not entitle the User to a refund of subscription monies paid. Termination or suspension will result in the forfeiture of all subscription monies paid.

 

Users of the Website Service acknowledge that site administrators have the right to terminate use without notice for any User who restricts, inhibits or disrupts access to the Websites or attempts to alter or improperly access any feature or function of the Website. A User's access may also be subject to termination if the User posts or transmits any illegal content, or harasses or threatens any Websites User or Radiant employee, posts content (including the creation of usernames) that is offensive or otherwise disruptive; creation of multiple accounts, or accounts with false and misleading information; posts unsolicited advertising; or improperly impersonates an employee or other individual.

 

PRIVACY POLICY

 

Our policy regarding your privacy is stated in Radiant's Privacy Policy, which is incorporated herein by reference and made a part hereof.

 

LIMITATION ON LIABILITY

 

Except in jurisdictions where such provisions are restricted (and in that event liability is disclaimed to the fullest extent permitted by law), in no event will Radiant be liable to you or any third person for any indirect, consequential, exemplary, incidental, special or punitive damages, including also lost profits arising from your use of the Website Service, even if Radiant has been advised of the possibility of such damages. Notwithstanding anything to the contrary contained herein, Radiant's liability to you for any cause whatsoever, and regardless of the form of the action, will at all times be limited to the amount paid, if any, by you to Radiant or its licensees for the Service during the subscription term.

 

CONFIDENTIALITY

 

Radiant shall keep all information it obtains about you and your clients, if any, in strictest confidence, and will not share, divulge, or disclose this information to anyone, except to the appropriate authorities or agencies:

 

• If the information contains a clear indication that you or any of your clients are contemplating harm to yourself/themselves;
• If the information contains a clear indication that you or any of your clients are contemplating harm to someone else;
• If the information contains a clear indication that you or any of your clients are engaging in child abuse;
• If the information contains a clear indication that you or your clients are engaging in illegal activities; or
• By court order.

 

MEDIATION AND ARBITRATION OF DISPUTES

 

User hereby agrees that every dispute or difference between User and Radiant and its Licensees, or between User and other Website Service users, arising out of the use of the Website Service, content contained, or services provided therein, shall be settled first by a meeting of the Parties attempting to confer and resolve the dispute in a good faith manner. If the Parties cannot resolve their dispute after conferring, any party may require the other party to submit the matter to non-binding mediation, utilizing the services of an impartial professional mediator approved by both Parties. If the Parties cannot reach an agreement following mediation, the Parties agree to submit the matter to binding arbitration in Orange County, California. The arbitration shall be conducted on a confidential basis pursuant to the Commercial Arbitration Rules of the American Arbitration Association. Any decision or award as a result of any such arbitration proceeding shall include the assessment of costs, expenses, and reasonable attorney's fees and shall include a written record of the proceedings and a written determination of the arbitrators. Absent an agreement to the contrary, any such arbitration shall be conducted by an arbitrator experienced in contract law. The Parties reserve the right to object to any individual who shall be employed by or affiliated with a competing organization or entity. In the event of any such dispute or difference, either party may give to the other notice requiring that the matter be settled by arbitration. An award of arbitration shall be final and binding on the Parties and may be confirmed in a court of competent jurisdiction.

 

NON-EXCLUSIVITY

 

This agreement is non-exclusive. Radiant and User may enter into similar agreements with any and all third parties of its choosing. User hereby acknowledges and agrees that Radiant may license sub-domains of its Service to other Users using the same name (i.e. Behavioral Health Risk Assessment, Healthy Living Checkup, and Behavioral Checkup), templates, layout, color palette, and photos as those provided to User by Radiant.

 

INDEMNIFICATION

 

Licensor and Licensee shall each indemnify the other, its shareholders, affiliates, directors, managers, employees, or other representatives against, and hold same harmless from any and all claims, actions, suits, proceedings, costs, expenses, damages, and liabilities, including attorney’s fees, arising out of, connected with or resulting from (i) a default on the indemnifying party’s obligations or breach of a representation or warranty under this Agreement, or (ii) the wrongful, fraudulent, or negligent acts, errors, omissions, or malpractices on the part of the indemnifying party, its agents, or attorneys arising out of or connected with the scope and performance of this agreement and the services to be provided through the Website Service.

 

ADVISORIES

 

Users are hereby advised:

 

• To protect your log in password at all times;
• To NOT leave your computer, tablet, or smart phone unattended while logged into the Service;
• To immediately report any known or suspected hacking or unauthorized access to your account;
• To NOT leave printed copies of client screening data where it may be viewed by unauthorized third parties;
• To consider whether the Service and related screening tools is suitable for those under 18 years of age;
• That the Service may help to identify those clients at risk of suicide, and that immediate referral to a suicide prevention line, or local emergency room is urged.

 

PROHIBITION AGAINST UNAUTHORIZED USE

 

User is cautioned against attempting to use the base version of the Service, which is intended for EAP and health plan referred clients only, for private practice (non-EAP or Health plan-referred) clients. If you do so, the screening data will be transmitted to the EAP or health plan that you will be forced to select in the pre-registration process, thereby making client data available to unauthorized persons. Such action will constitute an egregious HIPAA violation and breach of client privacy. In addition, your access to the Service will be subject to permanent termination.

 

MODIFICATIONS

 

Radiant reserves the right at all times to modify, add, or delete screening tools and modules without notice in its sole discretion. Such modifications shall not require Radiant to pay any refunds to User in the event User is dissatisfied with such modifications. In the event User is dissatisfied in any way with such changes, User’s remedy is to cancel his/her account.

 

USER ACCESS TO CLIENT SCREENING DATA

 

Users and their clients will have access at all times, even after account cancellation, to log in and retrieve client screening data. This right does not include User or client accounts terminated due to violation of this Terms of Use agreement.

 

WEBSITE BRANDING

 

Your name, photo, phone number and email address will appear on the home page of the website. You may change this data at any time by editing your data through your Edit Profile, Change Email Address, and Edit Profile Photo/Avatar links appearing on your My Account page.

 

OPT-IN EMAIL

 

You hereby consent to and authorize Radiant to email to the email address you have provided, copies of its newsletter and such other promotional material as Radiant deems appropriate. The newsletter and all other such promotional materials will contain a "Remove Me" link to enable you to opt-out from further mailings at any time. Radiant will not share your email address with any other third parties, although Radiant reserves the right to send to you emails containing offers from third parties affiliated with Radiant.

 

RETENTION OF ACCOUNT INFORMATION/PROFILE

 

Radiant will retain your entire account information and member profile in its database in perpetuity at the discretion of Radiant, including, but not limited to, your username and password, name, billing address, and internal emails.

 

CORRESPONDENCE

 

Official correspondence must be sent via post mail to:

 

Radiant Interactve Group, Inc
30262 Crown Valley Parkway
Suite B-330
Laguna Niguel, CA 92677