Terms & Conditions
Binding Nature
This is a binding agreement. Please read these Terms of Use (“Terms”, “Terms of Use”) carefully before using the www.learndo.psychedservices.com, www.psychedlearndo.com or www.learndo.us websites (“Site” or “Sites”) or any of its content or features (the “Service”) operated by Psyched Services-Licensed Educational Psychology and Behavioral Services, P.C. (“Psyched Services”, ”us”, “we”, or “our”).
By using the Service, you agree to abide by these Terms, as they may be amended by us from time to time in our sole discretion. If at any time you find these Terms of Use unacceptable, you must immediately leave the Site and cease all use of the Service and the Site.
You agree that by using the service you represent that you are at least 18 years of age and that you are legally able to enter into this agreement.
Privacy Policy
We respect your privacy and permit you to control the treatment of your personal information. A complete statement of our current privacy policy can be found by clicking here. Our privacy policy is expressly incorporated into this Terms of Service by this reference.
When you are required to open an account to use or access the Site or Service, you must complete the registration process by providing the complete and accurate information requested on the registration form. You will also be asked to provide a username and password. You are entirely responsible for maintaining the confidentiality of your password. You may not use the account, username, or password of someone else at any time. You agree to notify us immediately on any unauthorized use of your account, user name, or password. We shall not be liable for any loss that you incur as a result of someone else using your password, either with or without your knowledge. You may be held liable for any losses incurred by Psyched Services, its affiliates, officers, directors, employees, consultants, agents, and representatives due to someone else’s use of your account or password.
User Content
You grant us a license to use the materials you post to the Site or Service. By posting, downloading, displaying, performing, transmitting, or otherwise distributing information or other content (“User Content”) to the Site or Service, you are granting us, our affiliates, officers, directors, employees, consultants, agents, and representatives a license to use User Content in connection with the operation our internet business, our affiliates, officers, directors, employees, consultants, agents, and representatives, including without limitation, a right to copy, distribute, transmit, publicly display, publicly perform, reproduce, edit, translate, and reformat User Content.
You will not be compensated for any User Content. You agree that we may publish or otherwise disclose your name in connection with your User Content. By posting User Content on the Site or Service, you warrant and represent that you own the rights to the User Content or are otherwise authorized to post, distribute, display, perform, transmit, or otherwise distribute User Content.
Inappropriate Content
You shall not make the following types of Content available:
- You agree not to upload, download, display, perform, transmit, or otherwise distribute any Content that (a) is libelous, defamatory, obscene, pornographic, abusive, or threatening; (b) advocates or encourages conduct that could constitute a criminal offense, give rise to civil liability, or otherwise violate any applicable local, state, national, or foreign law or regulation; (c) advertises or otherwise solicits funds or is a solicitation for goods or services; or (d) scrape or attempt to modify the Site in any manner.
- We reserve the right to terminate your receipt, transmission, or other distribution of any such material using the Service, and, if applicable, to delete any such material from its servers. We intend to cooperate fully with any law enforcement officials or agencies in the investigation of any violation of these Terms of Use or of any applicable laws.
Intellectual Property
When accessing the Site or using the Service, you agree to obey the law and to respect the intellectual property rights of others.
Your use of the Service and the Site is at all times governed by and subject to laws regarding copyright ownership and use of intellectual property. You agree not to upload, download, display, perform, transmit, or otherwise distribute any information or content (collectively, “Content”) in violation of any third-party’s copyrights, trademarks, or other intellectual property or proprietary rights.
You agree to abide by laws regarding copyright ownership and use of intellectual property, and you shall be solely responsible for any violations of any relevant laws and for any infringements of third party rights caused by any Content you provide or transmit, or that is provided or transmitted using your User ID. The burden of proving that any Content does not violate any laws or third party rights rests solely with you.
The Service and its content, features, user interface, and functionality are and will remain exclusively owned or controlled by Psyched Services or licensed to us. Our trademarks and trade dress may not be used in connection with any product or service without the prior written consent of Psyched Services. All content may not be copied, reproduced, modified, distributed, displayed, performed, transmitted, or used in any other way other than expressly provided for in these Terms of Service. Nothing otherwise stated or implied in the Services confers on you any license or right to do so.
You may use the Services and the content contained in the Services solely for your own non-commercial, educational and informational purposes only. Any other use is strictly prohibited. Any systematic data retrieval whether to create or compile a directory, collection, database, or otherwise, is strictly prohibited without the prior written consent of Psyched Services.
Downloadables
We may make certain downloadables available to you from the Site. If you download content from the Site, the content, including all files and images contained in or generated by the content, and accompanying data (collectively, “Downloadable”) are deemed to be licensed to you by us, for your personal, noncommercial, home use only.
We do not transfer either the title or the intellectual property rights to the Downloadable, and we retain full and complete title to the Downloadable as well as all intellectual property rights therein. You may not sell, redistribute, or reproduce the Downloadable, nor may you decompile, reverse-engineer, disassemble, or otherwise convert the Downloadable to a human-perceivable form. All trademarks, photos, and logos are owned by us or our licensors and you may not copy or use them in any manner.
Digital Millennium Copyright Act
We have in place certain legally mandated procedures regarding allegations of copyright infringement occurring on the Site or with the Service. We have adopted a policy that provides for the immediate suspension and/or termination of any Site or Service user who is found to have infringed on our rights or of a third party, or otherwise violated any intellectual property laws or regulations. Our policy is to investigate any allegations of copyright infringement brought to its attention. If you have evidence, know, or have a good faith belief that your rights or the rights of a third party have been violated and you want us to delete, edit, or disable the material in question, you must provide us with all of the following information:
(a) a physical or electronic signature of a person authorized to act on behalf of the owner of the exclusive right that is allegedly infringed;
(b) identification of the copyrighted work claimed to have been infringed, or, if multiple copyrighted works are covered by a single notification, a representative list of such works;
(c) identification of the material that is claimed to be infringed 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 us to locate the material;
(d) information reasonably sufficient to permit us to contact you, such as an address, telephone number, and if available, an electronic mail address at which you may be contacted;
(e) 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
(f) 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. For this notification to be effective, you must provide it to our designated agent at:
Kaari Gerber
Operations Manager
533 Airport Blvd, Suite 400
Burlingame, CA 94010
kaari@psychedservices.com
(650) 427-0110
You may be held accountable for damages (including costs and attorneys’ fees) for any misrepresentation or bad-faith claims on the infringement of any Content found on and/or through the Site on your copyright.
Accounts
When you create an account with us, you guarantee that you are above the age of 18 and that the information you provide us is accurate, complete, and current at all times. Inaccurate, incomplete, or obsolete information may result in the immediate termination of your account on the Website.
You are responsible for maintaining the confidentiality of your account and password, including but not limited to the restriction of access to your computer and/or account. You agree to accept responsibility for any and all activities or actions that occur under your account and/or password, whether your password is with our Website or a third-party service. You must notify us immediately upon becoming aware of any breach of security or unauthorized use of your account.
We reserve the right to refuse service, terminate accounts, remove or edit content, or cancel orders at our sole discretion. You can terminate your account by doing the following: by emailing us at office@psychedservices.com or writing us at 533 Airport Blvd, Suite 400, Burlingame, CA 94010.
Links To Other Websites
Our Service may contain links to third-party websites or services that are not owned or controlled by Psyched Services. Because neither we nor the Site has control over the content and performance of these partner and affiliate sites, Company makes no guarantees about the accuracy, currency, content, or quality of the information provided by such sites, and Company assumes no responsibility for unintended, objectionable, inaccurate, misleading, or unlawful content that may reside on those sites. Similarly, from time to time in connection with your use of the Site, you may have access to content items (including, but not limited to, websites) that are owned by third parties.
You acknowledge and agree that we make no guarantees about, and assume no responsibility for, the accuracy, currency, content, or quality of this third party content, and that, unless expressly provided otherwise, these Terms of Use shall govern your use of any and all third party content.
You acknowledge and agree that Psyched Services shall 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 such content, goods or services available on or through any such third-party web sites or services.
We strongly advise you to read the terms and conditions and privacy policies of any third-party websites or services that you visit.
Alleged Violations
We reserve the right to terminate your use of the Service and/or the Site. To ensure that we provide a high quality experience for you and for other users of the Site and the Service, you agree that the Company or its representatives may access your account and records on a case-by-case basis to investigate complaints or allegations of abuse, infringement of third party rights, or other unauthorized uses of the Site or the Service.
We do not intend to disclose the existence or occurrence of such an investigation unless required by law, but we reserves the right to terminate your account or your access to the Site immediately, with or without notice to you, and without liability to you, if we believe that you have violated any of the Terms of Use, furnished Company with false or misleading information, or interfered with use of the Site or the Service by others.
Indemnification.
You agree to defend, indemnify and hold harmless Psyched Services and its licensee and licensors, and their affiliates, employees, consultants, contractors, agents, officers, directors, and representatives from and against any and all claims, damages, obligations, losses, liabilities, costs, or debt, and expenses (including but not limited to attorney’s fees and costs), resulting from or arising out o:
- a) your use and access of the Service,
- b) a breach of these Terms;
- c) your infringement, or infringement by any other user of your account, of any intellectual property or other right of any person or entity.
We will notify you promptly of any such claim, loss, liability, or demand, and will provide you with reasonable assistance, at your expense, in defending any such claim, loss, liability, damage, or cost.
LIMITED LIABILITY
Psyched Services’ liability to you is limited. To the maximum extent permitted by law, in no event shall Psyched Services be liable for damages of any kind (including, but not limited to, special, incidental, or consequential damages) arising from (I) your acces to or use of and inability to access or use the service; (II) any conduct or content of any third party on the service; (III) any content obtained from the service; and (IV) unauthorized access, use or alteration of your transmissions or content, whether based on warranty, contract, tort (including negligence) or any other legal theory, whether or not we have been informed of the possibility of such damage, and even if a remedy set forth herein is found to have failed of its essential purpose. In no event shall our maximum aggregate liablity exceed the cost of three (3) months of any subscription service or total amount paid for downloadables in a twelve (12) month period, whichever is greater.
NO WARRANTIES
Psyched Services hereby disclaims all warranties. We are making the site available “as is” without warranty of any kind. You assume the risk of any and all damage or loss from use of or inability to use, the site or service. To the maximum extent permittedby law, we expressly disclaim any and all warranties, express or implied, regarding the site, including, but not limited to, any implied warranties of merchantability, fitness for a particular purpose, or non infringement. We do not warrant that the site or the service will meet your requirements, that it is free of viruses or other harmful components, or that operation of the site or the service will be uninterrupted or error free.
Exclusions
Some jurisdictions do not allow the exclusion of certain warranties or the exclusion or limitation of liability for consequential or incidental damages, so the limitations above may not apply to you.
Copyright
All contents of Site or Service are Copyright © 2022 Psyched Services – Psyched Services-Licensed Educational Psychology and Behavioral Services, P.C. All rights reserved.
Governing Law
These Terms shall be governed and construed in accordance with the laws of California, United States, without regard to its conflict of law provisions. You hereby irrevocably consent to the exclusive jurisdiction of the state or federal courts in San Mateo, California in all disputes arising out of or related to the use of the Site or Service.
Dispute Resolution
Notwithstanding anything to the contrary in these Terms, to the extent permitted by law, in connection with any claim, cause of action, proceeding or other dispute concerning, arising out of or relating to this Terms, or any other agreements incorporated by reference, or any other facts or circumstances relating thereto, whether in tort or, contract, or seeking relief based on any dispute rleating in any way to your use of this site, these site terms and conditions, or the relationship between the parties (other than claims relating to the intellectual property rights of Psyched Services or our parents, subsidiaries, affiliates, partners, or licensors or claims in equity) (any “Claim”), the parties waive any right each may otherwise have to trial by jury.
In the event that the waiver of a jury trial set forth in the previous sentence is not enforceable in the forum in which a Claim is pending, the parties agree that any Claim, including all questions of law or fact relating thereto, shall, at the written request of any party made at any time prior to the date on which a Claim is first scheduled for trial, be determined by general judicial reference to a single referee pursuant to California Code of Civil Procedure section 638 or other similar law applicable to such forum. The parties’ right to appeal from the decision of the referee shall be preserved as provided in California Code of Civil Procedure section 644(a). The referee shall be a retired state or federal court judge. The party requesting judicial reference shall include with the request a list nominating up to three qualified referees. Failure to file such a list concurrently with the request shall be deemed a waiver of the right to nominate a referee. The remaining parties named in the complaint or petition may submit, within ten calendar days after a request for judicial reference is made, a consent to appointment of a previously nominated referee, or a list nominating up to three qualified referees who have not been previously nominated. If the parties cannot agree to appoint one of the nominated referees, the court in which the complaint or petition was filed (the “Court”) shall, upon request of any party, select a single referee from the list(s) of nominees submitted. Until a referee is appointed, the Court may decide all motions for emergency relief if it determines that emergency, ex parte relief is appropriate. This provision for reference may not be deemed waived by seeking emergency relief prior to the appointment of a referee. The referee shall determine the prevailing party and shall award and allocate the fees and costs of the referee to the prevailing party. The referee shall also determine all issues relating to the applicability, interpretation, and enforceability of this article, entitled “Dispute Resolution.”
In the event that general judicial reference of a Claim may not be made in the forum in which a Claim is pending, the parties agree to submit such Claim (as defined in the preceding paragraph) to binding arbitration. All arbitration proceedings will be conducted in California in accordance with the Commercial Rules of the American Arbitration Association (“AAA”). The right of discovery shall be permitted in any arbitration and shall be governed by the California Code of Civil Procedure. In any arbitration proceeding the arbitrator will decide (by documents only or with a hearing at the arbitrator’s discretion) any pre-hearing motions which are similar to motions to dismiss for failure to state a claim or motions for summary adjudication. The arbitrator shall determine the prevailing party and shall award the fees and costs of the arbitrator to the prevailing party. The arbitrator shall also determine all issues relating to the applicability, interpretation, and enforceability of this article, entitled “Dispute Resolution,” including the arbitrability of any Claim.
THE PARTIES ACKNOWLEDGE THAT CLAIMS REQUIRED TO BE SUBMITTED TO JUDICIAL REFERENCE OR ARBITRATION WILL NOT BE DECIDED BY A JURY.
You agree that any arbitration or proceeding shall be limited to the dispute between us and you individually, and (i) no arbitration or proceeding shall be joined with any other; (ii) there is no right or authority for any dispute to be arbitrated or resolved on a class action-basis or to utilize class action procedures; and (iii) there is no right or authority for any dispute to be brought in a purported representative capacity on behalf of the general public or any other persons. You agree that you may bring claims against us only in your individual capacity and not as a plaintiff or class memer in any purported class or representative proceeding.
No Waiver of Rights
Our failure to enforce any right or provision of these Terms will not be considered a waiver of those rights. If any provision of these Terms is held to be invalid or unenforceable by a court, the remaining provisions of these Terms will remain in effect. These Terms constitute the entire agreement between us regarding our Service, and supersede and replace any prior agreements we might have had between us regarding the Service.
United States Use Only
The Site is controlled and operated by us from its offices in the State of California, United States of America. We make no representation that any of the materials or the services to which you have been given access are available or appropriate for use in other locations. If you are visiting this site outside of the United States, your connection may be through and to servers in the United States.
The United States may not have the same data protection laws as the country you are visiting from, and may not afford many of the same rights conferred upon individuals or entities in your country. You understand that your use of or access to the Site should not be construed as our purposefully availing itself of the benefits or privilege of doing business in any state or jurisdiction other than the United States of America.
Changes
We reserve the right, at our sole discretion, to i) modify or replace these Terms at any time; ii) modify the Site and/or Service; or iii) discontinue the Site and/or Service at any time. We will post a notice on the Site any time these Terms of Use have been changed or otherwise updated. It is your responsibility to review these Terms of Use periodically. If a revision is material we will provide at least 15 days’ notice prior to any new Terms of Use taking effect. What constitutes a material change will be determined at our sole discretion.
By continuing to access or use our Service after any revisions become effective, you agree to be bound by the revised terms. If you do not agree to the new terms, you are no longer authorized to use the Service.
Severability.
If, for whatever reason, a court of competent jurisdiction finds any term or condition in these Terms of Use to be unenforceable, all other terms and conditions will remain unaffected and in full force and effect.
Contact Us
If you have any questions about these Terms, please contact us at office@psychedservices.com or write to us at 533 Airport Blvd, Suite 400, Burlingame, CA 94010.
ACKNOWLEDGEMENT.
BY USING THE SERVICE OR ACCESSING THE SITE, YOU ACKNOWLEDGE THAT YOU HAVE READ THESE TERMS OF USE AND AGREE TO BE BOUND BY THEM.
