Terms of Service for Treatment Providers
This Agreement governs your use of Breakthrough (the "Services" as further defined below) to provide counseling services to End Users, solely in accordance with your duties and obligations as a licensed provider of counseling services. Use of the Services is expressly conditioned on (i) your compliance with your professional duties as a licensed professional; and (ii) acceptance of this Agreement. The obligations set forth in this Agreement are in addition to, and not in lieu of, your professional and legal obligations as a licensed provider of counseling services. If you are unable to simultaneously comply with your obligations under this Agreement as well as your professional and legal obligations, you may not use the Services.
Please take the time to carefully review the Agreement which will govern your use of Breakthrough to provide counseling services to End Users. In order to participate in any services offered by Breakthrough you must read this Agreement and indicate that you understand and accept all of the terms and conditions herein. If you decide not to agree to the terms and conditions discussed herein, you may not use the Services.
These terms and conditions apply to any use by you of the Services on this website, including without limitation all Services available at http://www.Breakthrough.com (the "Breakthrough Site") or Breakthrough services accessible through other sites, such as a personal webpage or Breakthrough partner.
In addition to this document, in connection with your use of the Services, you are also bound by the Privacy Policy , as well as the guidelines, rules, schedules, disclosures, disclaimers and other terms that we post on the Breakthrough Site or otherwise provide or make available to you from time to time, each of which are hereby incorporated by reference.
ELIGIBILITY
By using the Service, you represent and warrant that:
- You have the legal capacity and authority to agree to the terms and conditions of this Agreement;
- All registration information you submit (including but not limited to your licensure information) is accurate and truthful;
- You will maintain the accuracy of such information; and
- Your use of the Services does not violate any applicable law or regulation.
Your profile may be removed and your membership may be terminated without warning if Breakthrough believes that you are in breach of any of the foregoing representations and warranties.
THE PARTIES
Throughout this Agreement, the words "Breakthrough," "we," "us," or "our" mean, collectively, Siberian Labs, Inc., a Delaware Limited Liability Company and all of its respective successors or assigns. "You" or "your " means the Authorized Person who is a licensed provider of counseling services who establishes an account with Breakthrough which is accessible through the Services, the Breakthrough Site, or any website or partner that offers Breakthrough’s services. “Authorized Person” means any user who has accepted this Agreement or the End User Terms of Service and accessed or used the Services in accordance herewith. “End User” means an Authorized Person who uses Breakthrough to find a provider and/or receive counseling services via Breakthrough.
DESCRIPTION OF SERVICES
The "Services" shall mean all communication services, features, products, and services available or otherwise used by you on or through the Breakthrough Site or a website that embeds or makes available Breakthrough’s services.
SECURITY/CONFIDENTIALITY OF ACCESS INFORMATION
Use of the Services requires a computer and Internet access connected through an Internet Service Provider with a web browser.
You agree to keep your username and password and any other security or access information (collectively, "Access Information") confidential to prevent unauthorized access to your account(s) and to prevent unauthorized use of the Services. You agree not to give or make available your Access Information to any unauthorized individual.
If you believe the security of your Access Information has been compromised in any way (for example, your password has been lost or stolen, someone has attempted to use the Services under your user name without your consent or your accounts have been accessed without your permission), you must notify us immediately.
We reserve the right to deny your access to the Services or any part thereof, in order to maintain or restore security or performance to the Breakthrough Site or any other Breakthrough Sites and systems. We may also do so if we reasonably believe you are in breach of this Agreement or your Access Information has been or may be obtained or is being used or may be used by an unauthorized person(s).
Breakthrough agrees not to willingly share information stored within the Breakthrough system with third parties, except as set forth in the Privacy Policy. However, you agree to hold Breakthrough harmless in the event information stored in the Breakthrough system is required to be disclosed by law, or is accidentally or maliciously obtained by a third party. While Breakthrough takes measures to back-up the information stored in Breakthrough, you agree to hold Breakthrough harmless for any loss of data or information stored in the system. You also agree to indemnify and hold harmless Breakthrough for any damages you incur by using Breakthrough.
We strongly recommend that you do not use Breakthrough on public computers. We also recommend that you do not store your Breakthrough password through your web browser or other software.
HIPAA AND STATE PRIVACY LAWS
As a Treatment Provider, you could be a Covered Entity for purposes of compliance with the Health Insurance Portability and Accountability Act of 1996, Public Law 104191 ("HIPAA"), and you may also be subject to similar state laws. Accordingly, information you collect could be protected under HIPAA and state privacy laws. All Covered Entities that wish to enter into a Business Associate Agreement with Breakthrough are responsible for requesting an agreement by contacting us at support@breakthrough.com. Breakthrough is a technology provider, not a Covered Entity, and is only responsible for complying with HIPAA and its regulations as a Business Associate. You understand compliance with HIPAA and state privacy laws is your responsibility. While use of Breakthrough’s technology is designed to provide security of information as required by HIPAA, Breakthrough makes no warranty or representation that compliance with this Agreement or use of its products or services will be adequate or satisfactory to fully comply with HIPAA or state privacy laws.
TREATMENT PROVIDER OBLIGATIONS WITH RESPECT TO END USER INFORMATION
You covenant that all use of End User information will not conflict with the Privacy Policy or your professional and legal duties and obligations. You understand that the information available from Breakthrough, including, but not limited to the FAQs is to be used at your own risk.
You agree to promptly pay all fees and charges for Services, and you authorize us to automatically deduct all applicable charges and fees from your designated Breakthrough Payment Account(s) as set forth in your Profile.
Linked Payment Processing Accounts
Any "linked" payment processing accounts with third parties (such as PayPal or Authorize.net) will appear in your Breakthrough profile on the Breakthrough Site, and you will be able to view at least certain summary information for all such accounts.
ELECTRONIC COMMUNICATIONS
You agree that all electronic communications that we receive on the Breakthrough Site or otherwise in connection with the Services, such as those directing us to take an action with respect to your account, that match your Access Information or other identity information you have provided when enrolling in or using the Services will be deemed valid, authentic and binding.
You agree (to the maximum extent permitted by law) to hold harmless Breakthrough and its vendors and suppliers and protect and indemnify Breakthrough and its vendors and suppliers from and against any and all claims, losses, liability, damages and/or demands (including, without limitation, reasonable attorneys' fees and court costs) of any kind, direct or indirect, arising out of or in any way connected with any Services rendered by Breakthrough pursuant to or in accordance with any and all electronic communications for which we have attempted to verify your identity as set forth above.
You agree that all electronic communications, including but not limited to data entry, will not be fraudulent or otherwise incorrect, and that you have the right to disclose any information that you disclose to Breakthrough.
FEES AND CHARGES
You agree to be responsible for any telephone charges and/or Internet service fees you incur in accessing your account(s) through the Services.
CHANGES IN SERVICES/INTERRUPTIONS IN SERVICE
We may revise, discontinue, or otherwise modify, temporarily or permanently, the Services or any part thereof (including, without limitation, the Breakthrough Site, this Agreement, the scope of the Services, and any materials related to the Services), or your access thereto. Without limiting the foregoing, we reserve the right at any time to terminate this Agreement as to all prior versions of the Services and/or related materials and limit access to our more recent versions and updates.
You may choose to accept or decline our changes by closing, continuing or discontinuing use of the Services to which these changes relate. Your use of the Services after we make any changes will constitute your agreement to such changes and the then current version of this Agreement as posted on the Breakthrough Site.
We may, from time to time perform maintenance upon the Services or experience hardware, software or other problems related to the Services, resulting in interrupted service, delays or errors in the Services. We will attempt to provide prior notice of such interruptions, delays or errors but cannot guarantee that such notice will be provided.
YOUR RESPONSIBILITIES AND LIABILITIES
It is your sole responsibility to ensure that the contact and licensure information in your Breakthrough user profile is current and accurate. This contact information includes, but is not limited to, name, address, phone numbers, e-mail addresses, states and types of licensure, and account numbers. Changes to your contact information can be made in the personnel section of the Breakthrough website.
TERMINATION
We reserve the right to terminate this Agreement and your access to the Services, in whole or in part, at any time and for any reason.
ASSIGNMENT
This Agreement is personal to you and you may not assign this Agreement or your rights to the Services to any other party. We expressly reserve the right to assign this Agreement and to delegate any of its obligations hereunder, under our sole discretion and without your consent. We may also assign or delegate certain of our rights and responsibilities under this Agreement to independent contractors or other third parties.
NO WAIVER
We shall not be deemed to have waived any of our rights or remedies hereunder unless such waiver is in writing and signed by us. No delay or omission on our part in exercising any right or remedy shall operate as a waiver of that right or remedy or any other rights or remedies. A waiver on any particular occasion shall not be construed as a bar or waiver of any rights or remedies on future occasions.
HARM TO COMPUTER SYSTEMS/DATA
You agree that we shall have no liability of any kind for viruses, worms, Trojan horses, or other similar harmful components that may enter your computer by downloading information, software, or other materials from the Breakthrough Site or any other Breakthrough Site.
LIMITATION OF LIABILITY
Except as otherwise expressly provided herein, your use of the Services is at your own risk.
NONE OF THE ENTITIES COMPRISING BREAKTHROUGH, SIBERIAN LABS, OR ITS VENDORS AND SUPPLIERS, NOR ANY OF THEIR RESPECTIVE OFFICERS, DIRECTORS OR EMPLOYEES, NOR ANY OTHER PARTY INVOLVED IN CREATING, PRODUCING, OR DELIVERING THE SERVICES IS LIABLE FOR (I) ANY INCIDENTAL, CONSEQUENTIAL, INDIRECT, OR PUNITIVE DAMAGES OF ANY KIND; OR (II) COST OF REPLACEMENT GOODS OR SERVICES ARISING OUT OF YOUR ACCESS TO OR USE OF THE SERVICES, OR THE INABILITY TO ACCESS OR USE THE SERVICES, WHETHER CAUSED BY BREAKTHROUGH OR THIRD PARTIES, ONLINE SERVICE PROVIDERS, ANY AGENT OR SUBCONTRACTOR OF ANY OF THE FOREGOING. IN NO EVENT SHALL BREAKTHROUGH’S LIABILITY UNDER THIS AGREEMENT EXCEED THE AMOUNT PAID BY YOU FOR SERVICES IN THE LAST 30 DAYS.
GOVERNING LAW AND DISPUTE RESOLUTION
The terms and conditions contained in this Agreement shall be construed under and governed by the laws of the State of Delaware and any dispute arising from this Agreement or the breach of this Agreement shall be governed by the laws of the State of Delaware.
You agree that any dispute, controversy or disagreement arising out of or relating to this Agreement, the breach thereof, or the subject matter thereof, shall be settled exclusively by binding arbitration, which shall be conducted in accordance with the American Health Lawyers Association Alternative Dispute Resolution Service Rules of Procedure for Arbitration, and which to the extent of the subject matter of the arbitration, shall be binding not only on all parties to the Agreement, but on any other entity controlled by, in control of or under common control with the party to the extent that such affiliate joins in the arbitration, and judgment on the award rendered by the arbitrator may be entered in any court having jurisdiction thereof.
WARRANTY DISCLAIMER
WITHOUT LIMITING THE FOREGOING, EXCEPT AS OTHERWISE EXPRESSLY PROVIDED HEREIN, THE SERVICES ARE PROVIDED TO YOU "AS IS" WITHOUT WARRANTY OF ANY KIND, EITHER EXPRESS OR IMPLIED, INCLUDING BUT NOT LIMITED TO THE IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, OR NON-INFRINGEMENT. WHILE BREAKTHROUGH MAKES EVERY EFFORT TO PROVIDE ACCURATE INFORMATION IN CONNECTION WITH THE SERVICES, EXCEPT AS OTHERWISE EXPRESSLY PROVIDED HEREIN, BREAKTHROUGH MAKES NO WARRANTY THAT (i) THE SERVICES WILL BE UNINTERRUPTED, TIMELY, SECURE, OR ERROR-FREE, OR (ii) ANY INFORMATION CONTAINED ON, RESULTS THAT MAY BE OBTAINED FROM THE USE OF, OR OTHER ASPECT OF THE SERVICES WILL BE ACCURATE, CURRENT, COMPLETE OR RELIABLE.
Nothing contained in the Services is intended to provide medical, legal, accounting, tax, business, or financial advice. You should consult your own professional advisor on such matters.
SEVERABILITY
If any provision of this Agreement is void or unenforceable, such ineffectiveness or unenforceability shall not affect the validity or enforceability of such provision in another jurisdiction or any other provision in that or any other jurisdiction.
COLLECTION EXPENSES
If we have to file a lawsuit to collect whatever you owe us, you will pay our reasonable expenses under this Agreement, including arbitration fees, attorneys' fees and court costs.
AREA OF SERVICE
Unless otherwise agreed by Breakthrough, the Services described in this Agreement are solely offered within the United States of America.