Date Last Revised: August 21, 2013

This Agreement sets forth the terms and conditions that apply to your access and use of the Internet Web site located at www.genesisassist.com (“GenesisAssist.com”), as owned and operated by Genesis Assist, a Virginia limited liability corporation. By using GenesisAssist.com you agree to be bound by the terms and conditions of this Agreement and GenesisAssist.com’s Privacy and Security Policy, as they may be amended from time to time in the future (see “Modifications” below).

  1. Accepting the Terms

By using the information, tools, software, features and functionality including content, updates and new releases located on GenesisAssist.com (together the “Service”), you agree to be bound by this Agreement, whether you are a “Visitor” (which means that you simply browse the GenesisAssist.com website) or you are a “Member” (which means that you have registered with GenesisAssist.com). The term “you” or “User” refers to a Visitor or a Member. The term “we” refers to Genesis Assist. If you wish to become a Member, communicate with other Members and make use of the Service, you must read this Agreement and indicate your acceptance during the Registration process.

You may not use the Service and you may not accept this Agreement if you are not of a legal age to form a binding contract with Genesis Assist.

If you accept this Agreement, you represent that you have the capacity to be bound by it or if you are acting on behalf of a company or entity that you have the authority to bind such entity. Before you continue, you should print or save a local copy of this Agreement for your records.

  1. Privacy and your Personal Information

For information about Genesis Assist’s data protection practices, please read GenesisAssist.com Privacy and Security Policy, which is hereby incorporated into this Agreement. This policy explains how Genesis Assist treats your personal information when you access GenesisAssist.com and use the Service. The policy may be updated from time to time at our discretion. Changes will be effective upon posting to the site.

  1. Description of the Service

The Service is a psychotherapy practice management service that allows Members to obtain information and assistance to build their practice on GenesisAssist.com. Based on such information, the Service may also present information relating to third party products or services (“Genesis Assist Offers”).

The Service is provided to you by Genesis Assist for a monthly membership fee and is meant as an aid to assist you in starting or building a successful psychotherapy private practice. It is not intended to provide legal, tax or financial advice.

  1. Genesis Assist Offers and Third-Party Links

Some parts of the Service may be supported by sponsored links from advertisers and display Genesis Assist Offers that may be custom matched to you based on information stored in the Service, queries made through the Service or other information. We will always disclose when a particular Genesis Assist Offer is sponsored.

In connection with Genesis Assist Offers, the Service will provide links to other web sites belonging to Genesis Assist advertisers and other third parties. Genesis Assist does not endorse, warrant or guarantee the products or services available through the Genesis Assist Offers (or any other third-party products or services advertised on or linked from our site), whether or not sponsored, and Genesis Assist is not an agent or broker or otherwise responsible for the activities or policies of those web sites.

  1. Your Registration Information

You agree and understand that you are responsible for maintaining the confidentiality of your password which, together with your Login ID e-mail address, allows you to access the Service. That Login ID and password, together with any mobile number or other contact information you provide form your “Registration Information.”

By providing us with your e-mail address, you agree to receive all required notices electronically, to that e-mail address. It is your responsibility to update or change that address, as appropriate. Notices will be provided in HTML (or, if your system does not support HTML, in plain-text) in the text of the e-mail or through a link to the appropriate page on our site, accessible through any standard, commercially available internet browser.

If you become aware of any unauthorized use of your Registration Information, you agree to notify Genesis Assist immediately at the email address – security@GenesisAssist.com.

  1. Your Use of the Service

Your right to access and use GenesisAssist.com and the Service is personal to you and is not transferable by you to any other person or entity. You are only entitled to access and use GenesisAssist.com for lawful purposes.

Accurate records enable Genesis Assist to provide the Service to you. You must provide true, accurate, current and complete information and you may not misrepresent your Registration Information. In order for the Service to function effectively, you must also keep your Registration Information up to date and accurate. If you do not do this, the accuracy and effectiveness of the Service to you will be affected.

Your access and use of GenesisAssist.com may be interrupted from time to time for any of several reasons, including, without limitation, the malfunction of equipment, periodic updating, maintenance or repair of GenesisAssist.com or other actions that Genesis Assist, in its sole discretion, may elect to take.

You agree that Genesis Assist may use your feedback, suggestions, or ideas in any way, including in future modifications of the Service, other products or services, advertising or marketing materials. You grant Genesis Assist a perpetual, worldwide, fully transferable, sub-licensable, irrevocable, fully paid-up, royalty free license to use the feedback you provide to Genesis Assist in any way. Genesis Assist will not sell, publish or share your feedback in a way that could identify you without your explicit permission.

  1. Use With Your Mobile Device

Use of these Service may be available through a compatible mobile device, Internet and/or network access and may require software. You agree that you are solely responsible for these requirements, including any applicable changes, updates and fees as well as the terms of your agreement with your mobile device and telecommunications provider. GENESIS ASSIST MAKES NO WARRANTIES OR REPRESENTATIONS OF ANY KIND, EXPRESS, STATUTORY OR IMPLIED AS TO: (i) THE AVAILABILITY OF TELECOMMUNICATION SERVICES FROM YOUR PROVIDER AND ACCESS TO THE SERVICES AT ANY TIME OR FROM ANY LOCATION; (ii) ANY LOSS, DAMAGE, OR OTHER SECURITY INTRUSION OF THE TELECOMMUNICATION SERVICES; AND (iii) ANY DISCLOSURE OF INFORMATION TO THIRD PARTIES OR FAILURE TO TRANSMIT ANY DATA, COMMUNICATIONS OR SETTINGS CONNECTED WITH THE SERVICES.

  1. Rights You Grant to Us

By submitting information, data, passwords, usernames, PINs, other log-in information, materials and other content to Genesis Assist through the Service, you are licensing that content to Genesis Assist solely for the purpose of providing the Service. Genesis Assist may use and store the content, but only to provide the Service to you. By submitting this content to Genesis Assist, you represent that you are entitled to submit it to Genesis Assist for use for this purpose, without any obligation by Genesis Assist to pay any fees or other limitations.

  1. Genesis Assist’s Intellectual Property Rights

The contents of GenesisAssist.com, including its “look and feel” (e.g., text, graphics, images, logos and button icons), photographs, editorial content, notices, software (including html-based computer programs) and other material are protected under both United States and other applicable copyright, trademark and other laws. The contents of GenesisAssist.com belong or are licensed to Genesis Assist or its software or content suppliers. Genesis Assist grants you the right to view and use GenesisAssist.com subject to these terms. You may download or print a copy of information provided on GenesisAssist.com for your personal, internal and non-commercial use only. Any distribution, reprint or electronic reproduction of any content from GenesisAssist.com in whole or in part for any other purpose is expressly prohibited without our prior written consent.

  1. Access and Interference

You agree that you will not:

  1. Use any robot, spider, scraper, deep link or other similar automated data gathering or extraction tools, program, algorithm or methodology to access, acquire, copy or monitor GenesisAssist.com or any portion of GenesisAssist.com, without Genesis Assist’s express written consent, which may be withheld in Genesis Assist’s sole discretion;
  2. Use or attempt to use any engine, software, tool, agent, or other device or mechanism (including without limitation browsers, spiders, robots, avatars or intelligent agents) to navigate or search GenesisAssist.com, other than the search engines and search agents available through the Service and other than generally available third-party web browsers (such as Microsoft Explorer);
  3. Post or transmit any file which contains viruses, worms, Trojan horses or any other contaminating or destructive features, or that otherwise interfere with the proper working of GenesisAssist.com or the Service; or
  4. Attempt to decipher, decompile, disassemble, or reverse-engineer any of the software comprising or in any way making up a part of GenesisAssist.com or the Service.
  1. Rules for Posting

As part of the Service, Genesis Assist allows Members to post content on blogs and at various other publicly available locations on GenesisAssist.com. These forums may be hosted by Genesis Assist or by one of our third party service providers on Genesis Assist’s behalf. You agree in posting content to follow certain rules.

  1. You are responsible for all content you submit to GenesisAssist.com.
  2. By submitting content to us, you represent that you have all necessary rights and hereby grant us a perpetual, worldwide, non-exclusive, royalty-free, sub-licenseable and transferable license to use, reproduce, distribute, prepare derivative works of, modify, display, and perform all or any portion of the content in connection with GenesisAssist.com and our business, including without limitation for promoting and redistributing part or all of the site (and derivative works thereof) in any media formats and through any media channels. You also hereby grant each User a non-exclusive license to access your posted content through GenesisAssist.com, and to use, reproduce, distribute, prepare derivative works of, display and perform such content as permitted through the functionality of GenesisAssist.com and under this Agreement.
  3. You may not post or transmit any message which is libelous or defamatory, or which discloses private or personal matters concerning any person. You may not post or transmit any message, data, image or program that is indecent, obscene, pornographic, harassing, threatening, abusive, hateful, racially or ethnically offensive; that encourages conduct that would be considered a criminal offense, give rise to civil liability or violate any law; or that is otherwise inappropriate.
  4. You may not post or transmit any message, data, image or program that would violate the property rights of others, including unauthorized copyrighted text, images or programs, trade secrets or other confidential proprietary information, and trademarks or service marks used in an infringing fashion.
  5. You may not interfere with other Users’ use of the Service, including, without limitation, disrupting the normal flow of dialogue in an interactive area of GenesisAssist.com, deleting or revising any content posted by another person or entity, or taking any action that imposes a disproportionate burden on the Service infrastructure or that negatively affects the availability of the Service to others.
  6. Except where expressly permitted, you may not post or transmit charity requests; petitions for signatures; franchises, distributorship, sales representative agency arrangements, or other business opportunities (including offers of employment or contracting arrangements); club memberships; chain letters; or letters relating to pyramid schemes. You may not post or transmit any advertising, promotional materials or any other solicitation of other users to use goods or services except in those areas (e.g., a classified bulletin board) that are designated for such purpose.
  7. You agree that any employment or other relationship you form or attempt to form with an employer, employee, or contractor whom you contact through areas of GenesisAssist.com that may be designated for that purpose is between you and that employer, employee, or contractor alone, and not with us.
  8. You may not copy or use personal identifying or business contact information about other Users without their permission. Unsolicited e-mails, mailings, telephone calls, or other communications to individuals or companies whose contact details you obtain through the Service are prohibited.
  9. You agree that we may use any feedback, suggestions, or ideas you post in any way, including in future modifications of the Service, other products or services, advertising or marketing materials. You grant us a perpetual, worldwide, fully transferable, sub-licensable, non-revocable, fully paid-up, royalty free license to use the feedback you provide to us in any way.
  1. Social Media Sites

Genesis Assist may provide experiences on social media platforms such as Facebook®, Twitter® and LinkedIn® that enable online sharing and collaboration among users who have registered to use them. Any content you post, such as pictures, information, opinions, or any Personal Information that you make available to other participants on these social platforms, is subject to the Terms of Use and Privacy Policies of those platforms. Please refer to those social media platforms to better understand your rights and obligations with regard to such content.

  1. Disclaimer of Representations and Warranties

THE CONTENT AND ALL SERVICES AND PRODUCTS ASSOCIATED WITH GENESISASSIST.COM OR PROVIDED THROUGH THE SERVICE (WHETHER OR NOT SPONSORED) ARE PROVIDED TO YOU ON AN “AS-IS” AND “AS AVAILABLE” BASIS. GENESIS ASSIST MAKES NO REPRESENTATIONS OR WARRANTIES OF ANY KIND, EXPRESS OR IMPLIED, AS TO THE CONTENT OR OPERATION OF GENESISASSIST.COM OR OF THE SERVICE. YOU EXPRESSLY AGREE THAT YOUR USE OF THE SERVICE IS AT YOUR SOLE RISK.

GENESIS ASSIST MAKES NO REPRESENTATIONS, WARRANTIES OR GUARANTEES, EXPRESS OR IMPLIED, REGARDING THE ACCURACY, RELIABILITY OR COMPLETENESS OF THE CONTENT ON GENESISASSIST.COM OR OF THE SERVICE (WHETHER OR NOT SPONSORED), AND EXPRESSLY DISCLAIMS ANY WARRANTIES OF NON-INFRINGEMENT OR FITNESS FOR A PARTICULAR PURPOSE. GENESIS ASSIST MAKES NO REPRESENTATION, WARRANTY OR GUARANTEE THAT THE CONTENT THAT MAY BE AVAILABLE THROUGH THE SERVICE IS FREE OF INFECTION FROM ANY VIRUSES OR OTHER CODE OR COMPUTER PROGRAMMING ROUTINES THAT CONTAIN CONTAMINATING OR DESTRUCTIVE PROPERTIES OR THAT ARE INTENDED TO DAMAGE, SURREPTITOUSLY INTERCEPT OR EXPROPRIATE ANY SYSTEM, DATA OR PERSONAL INFORMATION.

  1. Not a Financial Planner, Broker or Tax Advisor

NEITHER GENESIS ASSIST NOR THE SERVICE IS INTENDED TO PROVIDE LEGAL, TAX OR FINANCIAL ADVICE. GENESIS ASSIST IS NOT A FINANCIAL PLANNER, BROKER OR TAX ADVISOR. The Service is intended only to assist you in starting or building a successful psychotherapy private practice and is broad in scope. Your personal financial situation is unique, and any information and advice obtained through the Service may not be appropriate for your situation. Accordingly, before making any final decisions or implementing any financial strategy, you should consider obtaining additional information and advice from your accountant or other financial advisers who are fully aware of your individual circumstances.

  1. Limitations on Genesis Assist’s Liability

GENESIS ASSIST SHALL IN NO EVENT BE RESPONSIBLE OR LIABLE TO YOU OR TO ANY THIRD PARTY, WHETHER IN CONTRACT, WARRANTY, TORT (INCLUDING NEGLIGENCE) OR OTHERWISE, FOR ANY INDIRECT, SPECIAL, INCIDENTAL, CONSEQUENTIAL, EXEMPLARY, LIQUIDATED OR PUNITIVE DAMAGES, INCLUDING BUT NOT LIMITED TO LOSS OF PROFIT, REVENUE OR BUSINESS, ARISING IN WHOLE OR IN PART FROM YOUR ACCESS TO GENESISASSIST.COM, YOUR USE OF THE SERVICE OR THIS AGREEMENT, EVEN IF GENESIS ASSIST HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. NOTWITHSTANDING ANYTHING TO THE CONTRARY IN THIS AGREEMENT, GENESIS ASSIST’S LIABILITY TO YOU FOR ANY CAUSE WHATEVER AND REGARDLESS OF THE FORM OF THE ACTION, WILL AT ALL TIMES BE LIMITED TO $500.00 (FIVE HUNDRED UNITED STATES DOLLARS).

  1. Your Indemnification of Genesis Assist

You shall defend, indemnify and hold harmless Genesis Assist and its officers, directors, and employees, from and against all claims and expenses, including but not limited to attorney’s fees, in whole or in part arising out of or attributable to any breach of this Agreement by you.

  1. Ending your relationship with Genesis Assist

This Agreement will continue to apply until terminated by either you or Genesis Assist as set out below. If you want to terminate your legal agreement with Genesis Assist, you may do so by closing your account for the Service.

Please use the directions below to cancel your account:

  1. Login to your GenesisAssist.com account.
  2. Go to “Your Profile”.
  3. Locate the “delete GenesisAssist account” option under “More Options”.
  4. Type in “delete” where prompted.
  5. Enter in the password for your GenesisAssist.com account.
  6. Press “Yes”
  7. Your account will be closed and your ability to log in deactivated immediately. Your GenesisAssist.com account data will be removed within 48 hours subject to and as explained in our Privacy Policy.

Genesis Assist may at any time, terminate its legal agreement with you:

  1. if you have breached any provision of this Agreement (or have acted in a manner which clearly shows that you do not intend to, or are unable to comply with the provisions of this Agreement);
  2. if Genesis Assist in its sole discretion believes it is required to do so by law (for example, where the provision of the Service to you is, or becomes, unlawful); or
  3. immediately upon notice, to the e-mail address provided by you as part of your Registration Information.
  1. Modifications

Genesis Assist may modify this Agreement from time to time. Any and all changes to this Agreement will be posted on the GenesisAssist.com site. In addition, the Agreement will always indicate the date it was last revised. You are deemed to accept and agree to be bound by any changes to the Agreement when you use the Service after those changes are posted.

  1. Governing Law and Forum for Disputes

This Agreement, and your relationship with Genesis Assist under this Agreement, shall be governed by the laws of the State of Virginia without regard to its conflict or choice of laws provisions. Any dispute with Genesis Assist, or its officers, directors, employees, agents or affiliates, arising under or in relation to this Agreement shall be resolved exclusively through the small-claims court of the City of Hampton Commonwealth of Virginia, except with respect to imminent harm requiring temporary or preliminary injunctive relief in which case Genesis Assist may seek such relief in any court with jurisdiction over the parties. You understand that, in return for agreement to this provision, Genesis Assist is able to offer the Service at the terms designated and that your assent to this provision is an indispensable consideration to this Agreement.

You also acknowledge and understand that, with respect to any dispute with Genesis Assist, its officers, directors, employees, agents or affiliates, arising out of or relating to your use of the Service or this Agreement:

  • YOU ARE GIVING UP YOUR RIGHT TO HAVE A TRIAL BY JURY; and
  • YOU ARE GIVING UP YOUR RIGHT TO SERVE AS A REPRESENTATIVE, AS A PRIVATE ATTORNEY GENERAL, OR IN ANY OTHER REPRESENTATIVE CAPACITY, OR TO PARTICIPATE AS A MEMBER OF A CLASS OF CLAIMANTS, IN ANY LAWSUIT INVOLVING ANY SUCH DISPUTE.
  1. Miscellaneous

If any portion of this Agreement is deemed unlawful, void or unenforceable by any arbitrator or court of competent jurisdiction, this Agreement as a whole shall not be deemed unlawful, void or unenforceable, but only that portion of this Agreement that is unlawful, void or unenforceable shall be stricken from this Agreement.

You agree that if Genesis Assist does not exercise or enforce any legal right or remedy which is contained in the Agreement (or which Genesis Assist has the benefit of under any applicable law), this will not be taken to be a formal waiver of Genesis Assist’s rights and that those rights or remedies will still be available to Genesis Assist.

All covenants, agreements, representations and warranties made in this Agreement shall survive your acceptance of this Agreement and the termination of this Agreement.

This Agreement represents the entire understanding and agreement between you and Genesis Assist regarding the subject matter of the same, and supersedes all other previous agreements.