Terms of Service – SOM Therapy and Associates

SOM THERAPY & ASSOCIATES, INC. — TERMS AND CONDITIONS OF USE

This “Terms of Use” document applies to various users of this website and its content, including healthcare providers, guest speakers, service providers, and product manufacturers.

SOM Therapy & Associates, Inc. (also known as SOM Therapy, SOM Therapy, Inc., and SOM) is a continuing education provider offering courses that meet state and national license renewal requirements for healthcare professionals. SOM provides home studies, live and pre-recorded webinars, and in-person classroom courses. The following Terms of Use describe your obligations when using SOM Therapy websites, mobile applications, and services.

ACCEPTANCE OF TERMS: The SOM mobile application, all related sites and mobile applications, and the various content, features, and services offered on and in connection with these sites and applications are owned and operated by SOM Therapy & Associates, Inc. and can only be accessed and used by you under the Terms of Use described below (“Terms of Use”). Please review these Terms of Use carefully. By accessing, downloading, or utilizing any of the sites and services, you explicitly agree to be bound by these terms and conditions. If you do not agree to all the terms and conditions, you are prohibited from accessing or using the sites and services.

TERMS OF USE: By accessing this website, you agree to comply with these Terms and Conditions of Use and all applicable laws and regulations, including local laws. If you do not agree to these terms, you may not use or access this site. All materials on this website are protected by copyright and trademark law.

MODIFICATIONS OF TERMS OF USE

SOM Therapy & Associates, Inc. reserves the right, at its sole discretion, to modify these Terms of Use at any given time. Such modifications shall become effective upon the posting of the revised Terms of Use on the Sites and Services, whether accompanied by additional notice. It is your responsibility to regularly review the information posted to stay informed of any changes. Should you disagree with the amended terms, you are required to immediately cease utilizing the Sites and Services and notify SOM Therapy & Associates, Inc. to be removed from any distribution lists or other communication channels accessible to you through your use of the Sites and Services. Continued use of the site and services following such posting or notification constitutes your acceptance and agreement to be bound by the modified terms of use.

USE OF THE SITE AND SERVICES: Subject to full compliance with these Terms of Use, SOM Therapy grants authorized users a nonexclusive, nontransferable, non-sublicensable, terminable license to access and utilize the Sites and Services for personal purposes. You agree not to access, reproduce, duplicate, copy, sell, re-sell, modify, distribute, transmit, or otherwise exploit the Sites, Services, or any of its content for any purpose other than your personal use and in accordance with these Terms of Use, without the explicit prior written consent of SOM Therapy. SOM reserves the right to modify, update, suspend, or discontinue the Sites and Services, in whole or in part, at its sole discretion, for any reason or no reason, at any time, with or without notice. SOM shall bear no liability to any user or third party arising from any such modification, update, suspension, or discontinuance.

USER CONDUCT

As a condition of your access and use of the Sites and Services and your submission or access to any ratings, reviews, communications, information, data, text, photographs, audio clips, audiovisual works, or other materials on the Sites and Services (collectively, the “Content”), you agree not to use the Sites and Services for any purpose that is unlawful or prohibited by these Terms of Use, or any other purpose not reasonably intended by SOM Therapy. By way of example, and not as a limitation, you agree not to:

Violate these Terms of Use, other applicable agreements with SOM Therapy, and any applicable local, state, national, or international law, and any rules and regulations having the force of law.
Use the Sites and Services in any manner that violates any relevant law or that infringes, misappropriates, or violates any third party’s rights, including, but not limited to, transmitting any Content that may infringe, misappropriate, or violate a third party’s rights of publicity, contractual rights, fiduciary rights, or intellectual property rights.
Use the Sites and Services or their Content for any purposes not authorized by these Terms of Use, including commercial, political, or religious purposes, or the submission or transmission of any Content that contains advertisements, promotional materials, junk mail, or any other form of solicitation.
Reproduce, duplicate, copy, modify, sell, re-sell, or exploit any Content or the Sites and Services for any commercial, educational, or any other non-personal purpose or any purpose unrelated to your personal purchasing decisions, without the express written consent of SOM Therapy, which consent may be withheld by SOM in our sole discretion.
Post irrelevant Content, repeatedly post the same or similar Content, or otherwise impose an unreasonable or disproportionately large load on our infrastructure, interfere or attempt to interfere with the proper working of the Sites and Services, or any activities conducted on the Sites and Services.
Harass, threaten, intimidate, impersonate, or attempt to impersonate any other person, falsify your contact or other information, misrepresent a relationship with any person or entity, including misrepresenting a relationship with SOM, or otherwise attempt to mislead others as to the identity of the sender or the origin of a review or rating.
Knowingly provide or submit false or misleading information.
Use the Sites and Services if you are under the age of eighteen (18).
Take any action that would undermine the Sites and Services review and rating process.
Attempt to gain unauthorized access to the Sites and Services, other user accounts, or other computer systems or networks connected to the Sites and Services.
Use the Sites and Services in any way that could interfere with the rights of SOM Therapy or other users.
Attempt to gain unauthorized access to any portion or feature of the Sites and Services, or any other systems or networks connected to the Sites and Services or to any server used by SOM by hacking, password ‘mining’ or any other illegitimate or unauthorized means, including attempting to obtain password, account, or any other personal or private information from any other Sites and Services user.
Sell, share, or otherwise transfer your account username, password, other information, or your rights or obligations under these Terms of Use.
Transmit or submit any transmission or other materials that are encrypted or that contain viruses, Trojan horses, worms, time bombs, spiders, cancelbots, or other computer programming routines that are likely or intended to damage, interfere with, disrupt, impair, disable, or otherwise overburden the Sites and Services.
Access, download, monitor, or copy any information contained on our Sites and Services through artificial means (including but not limited to use any ‘deep-link’, ‘scraper’, ‘robot’, ‘spider’ or other automatic device, program, algorithm or methodology, or any similar or equivalent automatic or manual process, or in any way reproduce or circumvent the navigational structure or presentation of the Sites and Services or any Content, to obtain or attempt to obtain any Content, materials, documents or information through any means not purposely made available through the Sites and Services; or probe, scan, or test the vulnerability of the Sites and Services or any network connected to the Sites and Services, nor breach the security or authentication measures on or of the Sites and Services or any network connected to the Sites and Services. You may not reverse look-up, trace or seek to trace any information on any other user of the Sites and Services, or any other customer of SOM, including any SOM account not owned by you, to its source, or exploit the Sites and Services or any service or information made available or offered by or through the Sites and Services, in any way where the purpose is to reveal any information, including but not limited to personal identification or information other than your own information, except as expressly authorized by SOM and provided for by the Sites and Services.

SOM THERAPY SERVICES: When using, accessing, or purchasing services or features of the Sites and Services, you shall be subject to any posted agreements, guidelines, or rules applicable to such services or features that may be posted from time to time. All such agreements, guidelines, or rules are hereby incorporated by reference into the Terms of Use.

REGISTRATION INFORMATION: You do not need to create an account to browse the website. You may peruse the website to view courses, course descriptions, prices, and pages without creating an account. We do require you to create an account to purchase courses. This process links your name and professional license number to tests and certificates related to your course. It also gives you access to your private profile, where your purchases, certificates, and grade transcripts can be viewed at your discretion. Creating an account requires you to provide login information, such as a username and password, to access and use your account. As a condition of your use of the Sites and Services, you agree to (a) provide SOM with true, accurate, current, and complete information as prompted by the SOM’s registration forms, when registering for or using the Sites and Services, and (b) update and maintain the truthfulness, accuracy, and completeness of such information. You are responsible for maintaining the confidentiality of any password or other account information not generally available to others, and you are fully responsible for all activities that occur under your username and password. While there are limited legitimate reasons to create multiple accounts, creating serial or overlapping accounts may result in account termination.

SUBMITTING CONTENT: As a condition of submitting any Content or other materials to the Sites or Services, you agree that:

You grant to SOM a royalty-free, perpetual, irrevocable, worldwide, nonexclusive, transferable, and sublicensable license to use, reproduce, copy, adapt, modify, merge, distribute, publicly display, create derivative works from, and incorporate such Content into other works.
You grant to SOM all rights necessary to publish or refrain from publishing your name and address in connection with your Content; sublicense through multiple tiers the Content and acknowledge that this license cannot be terminated by you once your Content is submitted to the Sites and Services.
You grant to SOM all rights necessary to prohibit the subsequent aggregation, display, copying, duplication, reproduction, distribution, or exploitation of your Content by any other party.
Your name and report information may be made available to the public and to the Service Providers on which you report.
You represent that you own or have secured all legal rights necessary for the Content submitted by you to be used by you, SOM Therapy, and others as described and otherwise contemplated in these Terms of Use.
You represent and warrant that each person identified, depicted, or shown in your Content, if any, (and if a minor, the parent or guardian of the minor) has provided consent to the use of the Content consistent with these Terms of Use.
You are solely responsible for your reviews and ratings.
SOM may, in its sole discretion, choose to remove or not to remove reviews and ratings once published.
You will not submit any reviews that may be considered by SOM to be infringing, harassing, libelous, abusive, threatening, obscene, profane, hateful, offensive, harmful, vulgar, distasteful, defamatory, or otherwise violate any relevant law or right of any other party, or racially, ethnically, or otherwise objectionable.
All your reviews and ratings will either be based upon your actual first-hand experiences with the Service Providers you are reviewing or, as provided below, an individual and that individual’s actual first-hand experience with a healthcare or wellness provider, whereby you have the legal authority to disclose such health information and experience of such individual.
All your reviews and ratings of the Service Providers you rate will be accurate, honest, truthful, and complete in all respects.
You will submit thorough and thoughtful reviews of the Service Providers you review (for example, submitting a review describing a service contractor as “He/She is great.” Without additional commentary is not a thorough and thoughtful review).
You will not submit reviews that comment on other users or the reviews of other users.
You will not submit reviews with hyperlinks.

PUBLICATION AND DISTRIBUTION OF CONTENT: You agree that SOM may establish general practices, policies and limits, which may or may not be published, concerning the use of the Sites and Services, including without limitation, the time that reviews and ratings will be retained, the maximum number of reviews and ratings that may be sent from an account, the length of reviews and ratings sent, and the maximum number of times and the maximum duration for which you may access the Sites and Services in a given period of time.

You agree that SOM has no responsibility or liability for the deletion or failure to store any Content or other materials maintained or transmitted by or through the Sites and Services. You agree that SOM has the right to change these general practices and limits at any time, in its sole discretion, with or without notice.

SERVICE PROVIDERS: SOM does not endorse and is not responsible or liable for any Content, data, advertising, products, goods, or services available or unavailable from, or through, any third party or Service Provider (which includes, but is not limited to, healthcare and wellness providers). You agree that should you use or rely on such Content, data, advertisement, products, goods or services, available or unavailable from, or through any third party or Service Provider (which includes, but is not limited to, healthcare and wellness providers), SOM is not responsible or liable, indirectly or directly, for any damage or loss caused or alleged to be caused by or in connection with such use or reliance.

Your dealings with, or participation in promotions of any Service Provider (which includes, but is not limited to, healthcare and wellness providers), and any other terms, conditions, representations or warranties associated with such dealings, are between you and such Service Provider (which includes, but is not limited to, healthcare and wellness providers) exclusively and do not involve SOM.

Third parties and Service Providers may link to or otherwise direct Internet users to our Sites and Services to use one or more of the services we provide on behalf of others. Additionally, we may provide links or otherwise direct you to third-party or Service Provider websites. SOM Therapy does not control or operate any such third-party or Service Provider websites. Any information you provide to these third-party or Service Provider websites is subject to the respective policies of those third parties or Service Providers, not SOM’s policies, for example, CE Broker. It is your responsibility to review such third-party or Service Provider policies, including any relevant privacy policies. You agree that SOM will not be responsible or liable for, and does not endorse any content, advertising, goods, or services provided on or through these outside websites or for your use or inability to use such websites. SOM does not make any representations or warranties as to the security of any information (including, without limitation, credit card and other personal information) you might be requested to give to any third-party or Service Provider sites.

You agree that SOM is not responsible for the accessibility or unavailability of any Service Provider, or for your interactions and dealings with them, waive the right to bring or assert any claim against SOM relating to any interactions or dealings with any Service Provider, and release SOM from any and all liability for or relating to any interactions or dealings with Service Providers. This paragraph includes, but is not limited to, healthcare and wellness providers.

Without limiting the foregoing, your correspondence or business dealings with, consumption of products or services of, or participation in promotions of, third-parties or Service Providers found on or through the use of the Sites and Services, including payment for and delivery or fulfillment of related goods or services, and any other terms, conditions, warranties, or representations associated with such dealings, are solely between you and such third-party. You agree that SOM shall not be responsible or liable, directly or indirectly, for any loss or damage of any sort incurred as the result of any such dealings or as the result of the presence of such third parties or Service Providers on the SOM Therapy Sites and Services.

HEALTH-RELATED PROVIDERS: The Sites, Services, and their Content are for informational purposes only. The Content is not intended to be a substitute for professional medical advice, diagnosis, or treatment. Always seek the advice of your physician or other qualified health provider with any questions you may have regarding a medical condition. Never disregard professional medical advice or delay in seeking it because of something you have read on the Sites and Services.

If you think you may have a medical emergency, call your doctor or 911 immediately. SOM Therapy does not recommend or endorse any specific tests, physicians, products, procedures, opinions, or other information that may be mentioned on the Sites and Services. Reliance on any information provided by SOM, its employees, and others appearing on the Sites and Services at the invitation of SOM, or other visitors to the Sites and Services is solely at your own risk.

You should be aware that if you post any health-related information about yourself or anyone else on the Sites and Services, you do so at your own risk. If you post health information about services rendered to another individual, you represent that you have the legal authority to receive health information about that individual from that individual’s healthcare providers and that you have the legal authority to further disclose such health information. If you post health-related information, you will be placing it into the public domain, which may violate federal or state laws that protect the privacy of health information.

You also acknowledge that the healthcare or wellness provider about whom you submit Content may submit Content that contains your private or confidential health information in response to Content you submit. SOM Therapy is not liable for any such Content. SOM cannot be expected to keep your health information confidential if you post it to the Sites or Services or otherwise make it available to others.

TERMINATION: SOM may terminate your privilege to use or access the Sites and Services immediately and without notice for any reason whatsoever. Upon such termination, you must immediately cease accessing or using the Sites and Services and agree not to access or make use of, or attempt to use, the Sites and Services. Furthermore, you acknowledge that SOM reserves the right to act — technical, legal, or otherwise — to block, nullify, or deny your ability to access the Sites and Services. You understand that SOM Therapy may exercise this right in its sole discretion, and this right shall be in addition to and not in substitution for any other rights and remedies available to SOM.

All provisions of these Terms of Use which by their nature should survive termination shall survive the termination of your access to the Sites and Services, including, without limitation, provisions regarding ownership, warranty disclaimers, indemnity, and limitations of liability.

TRADEMARKS AND COPYRIGHTS: SOM Therapy, and other Sites and Services graphics, logos, designs, page headers, button icons, scripts, and service names are the trademarks or trade dress of SOM Therapy & Associates, Inc. in the U.S. and/or other countries. These trademarks and trade dress may not be used, including as part of trademarks and/or as part of domain names, keyword advertisements, or email addresses, or in connection with any product or service in any manner that is likely to cause confusion.

You should assume all Content and material made available on the Sites and Services is protected by copyright law. Aside from user-submitted Content, all other materials and other information on the Sites and Services, including, but not limited to, all text, graphics, logos, icons, images, audio and video clips, downloads, data compilations, and software are the exclusive property of SOM Therapy and/or its licensors and are protected by all United States and international copyright laws.

DELAYS AND ACCESSIBILITY: The Sites and Services may be subject to limitations, delays, failures, and other problems inherent in the use of the Internet and electronic communications. SOM is not responsible for any delays, failures, or other damage resulting from such problems.

USER FEEDBACK: SOM Therapy & Associates, Inc. appreciates hearing from you and our other users and welcomes your comments regarding our Sites and Services. Please be advised, however, that our policy does not permit us to accept or consider creative ideas, suggestions, or materials other than those which we have specifically requested. Although we do value your feedback on our Sites and Services, please be specific in your comments regarding our services and do not submit creative ideas, suggestions, or materials. If, despite our request, you send us creative suggestions, ideas, drawings, concepts, or other information (collectively, the “Submissions”), such Submissions will be the property of SOM Therapy. In addition, none of the Submissions will be subject to any obligations of confidentiality, and SOM will not be liable for any future use or disclosure of such Submissions.

WARRANTIES AND DISCLAIMERS: You acknowledge that SOM has no control over, and no duty to take any action regarding: which users gain access to or use the Sites and Services; what effects the content on or in connection with the Sites and Services may have on you; how you may interpret or use the content on or in connection with the Sites and Services; or what actions you may take as a result of having been exposed to the content on or in connection with the Sites and Services. You release SOM from all liability for you having acquired or not acquired content or information through the Sites and Services. SOM makes no representations concerning any content contained in or accessed through the Sites and Services, and SOM will not be responsible or liable for the accuracy, copyright compliance, or legality of material contained in or accessed through the Sites and Services. SOM makes no guarantee or warranty, express or implied, as to the reliability, accuracy, timeliness, or completeness of that information and assumes no responsibility for any errors or omissions therein.

You access and use the sites and services at your own risk. Neither SOM nor its Affiliates, employees, agents, or third-party content providers shall be liable for any loss resulting from use or unavailability of information or content on or in connection with the sites and services, including but not limited to any lost profits, loss or damage to data, or any direct, indirect, special, consequential, compensatory, or incidental damages. This disclaimer is applicable to any damage or injury resulting from negligence or omission of SOM, computer virus, or other similar items, telecommunication errors, or unauthorized access to, or use of, user information through theft or any other means. We are not liable for criminal, tortuous, or negligent actions or omissions of third parties that affect the sites and services. In no event will SOM or any of its directors, officers, affiliates, agents, employees, assigns, or third-party content providers be held liable for any tortuous or illegal conduct of other users. In no event will SOM or any of its affiliates, agents, employees, or assigns be held liable for any damage to equipment, hardware, or other property of the user or personal injury that arises in connection with use of the sites and services.

Any material accessed, downloaded, or otherwise obtained using the sites and services is done at your own discretion and risk, and you will be solely responsible for any damage to your computer and system or loss of data that results from the download of any such material. No advice or information, whether oral or written, changed by you from SOM or through or from the sites and or services shall create any warranty not expressly stated in the terms.

Except as otherwise expressly provided in the terms, SOM does not represent or warrant that the sights and or services will meet your requirements, or that the sites and/or services will be uninterrupted, timely, secure, or error-free, or the results that may be obtained from the use of the sites and/or services will be accurate or reliable, or the quality of any product services information, or other material purchased or obtained by you through the site will meet your expectations, or any errors in the software will be corrected. You agree that we may, from time to time, remove or cancel the service for indefinite periods without notice to you.

Because some jurisdictions do not allow the exclusion of implied warranties, the above exclusion of implied warranties may not apply to you. Because some states or jurisdictions do not allow the exclusion or limitation of liability for consequential or incidental damages, SOM’s liability shall be limited to the extent permitted by law.

SOM shall use reasonable efforts to protect information submitted by you in connection with the services, but you acknowledge and agree that your submission of such information is at your sole risk and SOM hereby disclaims any and all liability to you for any loss or liability relating to such information in any way.

SOM Therapy & Associates, Inc. has no control over and no duty to take any action regarding: other users’ behavior; what effects Content may have on you; how you may interpret or use Content; or what actions you may take as a result of having been exposed to Content. You release SOM from all liability for you having acquired or not acquired Content through the Sites and Services. SOM makes no representations concerning any Content, including the accuracy thereof, contained in or accessed through the Sites and Services, and SOM will not be responsible or liable for the accuracy, copyright compliance, or legality of material contained in or accessed through the Sites and Services.

The Sites and Services may display links to other Internet sites or resources. Because SOM has no control over such sites and resources, you acknowledge and agree that SOM is not responsible for the availability of such external sites or resources and does not endorse and is not responsible or liable for any content, advertising, products, or other materials on or available from such sites or resources.

You further acknowledge and agree that SOM 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 site or resource.

INDEMNITY: You agree to indemnify, defend and hold harmless SOM & Therapy & Associates, Inc., its officers, managers, owners, employees, agents, designees, users, successors, assigns, service providers and suppliers from and against all losses, liabilities, expenses, damages, claims, demands and costs, including reasonable attorneys’ fees and court costs due to or arising from: (a) any violation of these Terms of Use by you; (b) the inaccurate or untruthful Content or other information provided by you to SOM Therapy & Associates, Inc. or that you submit, transmit or otherwise make available through the Service; or (c) any intentional or willful violation of any rights of another or harm you may have caused to another. SOM will have sole control of the defense of any such damage or claim.

LIMITATIONS OF LIABILITY: You expressly understand and agree that SOM Therapy & Associates, Inc. will not be liable for any direct, indirect, incidental, special, punitive, compensatory, consequential, or exemplary damages (even if SOM has been advised of the possibility of such damages) (collectively, “damages”), resulting from: (a) the use or inability to use the services; (b) the cost of any goods and or services purchased or obtained as a result of the use of the service; (c) disclosure of unauthorized access to or alteration of your information or content; (d) content you submit, receive, access, transmit or otherwise convey through the service; (f) any other matter relating to the service; (g) any breach of this agreement by SOM or the failure of SOM to provide the service under this agreement or (h) any other dealings or interactions you have with any service providers (or any of their representatives or agents). These limitations shall apply to the fullest extent permitted by law. In some jurisdictions, limitations of liability are not permitted. In such jurisdictions, some of the foregoing limitations may not apply to you.

You understand and agree that your unlimited access to the Content on the Website or in an SOM Newsletter or Magazine represents a substantial portion of the value you receive from your SOM’s Membership Fee, where there is a membership fee. Therefore, to the extent SOM is found liable for anything related to this agreement or the use of the service, SOM’s liability for damages will not exceed the equivalent of one (1) month of your membership fee (i.e., the amount of your annual membership fee divided by 12).

SOM uses a trusted third-party company to handle your credit card payments for purchases and membership fees. This means that neither the credit card processor, your card issuer, the merchant bank, nor anyone else involved in processing your payment (the “Released Parties”) is responsible if SOM does not provide the services promised in this agreement, or if SOM breaches this agreement in any way. By using SOM’s services, you agree not to hold any of these Released Parties responsible for damages if SOM fails to deliver its services. If you breach this section, you agree to protect and compensate the Released Parties for any damages they experience as a result. Only SOM is responsible for paying you any damages under this agreement.

ENTIRE AGREEMENT: These Terms of Use and other agreements, rules, and policies incorporated by reference to these Terms, including, without limitation, the Privacy Policy, constitute the entire agreement between you and SOM Therapy & Associates, Inc. It supersedes any prior or contemporaneous negotiations, discussions, or agreements, whether written or oral, between you and SOM regarding the subject matter contained in these Terms of Use. Additional terms and conditions may exist between you and third parties, including but not limited to, Service Providers and others. You represent and warrant that those third-party agreements do not interfere with your obligations and duties to SOM under these Terms of Use.

GOVERNING LAW: This Agreement shall be governed by and construed in accordance with the laws of the State of Florida, without giving effect to any choice or conflict of law provision or rule (either of the State of Florida or any other jurisdiction) that would cause the application of the laws of any jurisdiction other than the State of Florida.

MISCELLANEOUS: If you breach any term of these Terms of Use or any other agreement with SOM, SOM may pursue any legal or equitable remedy available, including but not limited to direct, consequential, and punitive damages and injunctive relief. SOM’s remedies are cumulative and not exclusive. Failure of SOM to exercise any remedy or enforce any portion of the Terms of Use at any time shall not operate as a waiver of any remedy or of the right to enforce any portion of the Agreement at any time thereafter.

If any provision of the Terms of Use is found to be unenforceable or invalid, that provision shall be limited or eliminated to the minimum extent necessary so that the Terms shall otherwise remain in full force and effect and enforceable.

These Terms of Use are not assignable, transferable, or sublicensable by you except with SOM’s prior written consent. We may transfer, assign, or delegate the Terms and its rights and obligations without consent.

Users of SOM’s Sites and Services are responsible for compliance with all applicable regulations and laws.

No joint venture, partnership, employment, or agency relationship exists between you and SOM Therapy & Associates, Inc. as a result of these Terms of Use or use of the Sites and Services.

You acknowledge and agree that each of the Released Parties shall be an intended third-party beneficiary of these Terms of Use.