USE OF THE SOCIALWORKSUPERVISOR SITE OR ANY OF THE SOCIALWORKSUPERVISOR MATERIALS CONSTITUTES A KNOWING ACCEPTANCE AND ACKNOWLEDGEMENT OF THESE TERMS. IF YOU DO NOT AGREE TO THESE TERMS, YOU MAY NOT USE THIS SITE.
1. About Our Site
The SocialWorkSupervisor Site is designed to provide user-generated and user-created referrals and information to individuals seeking a mental health professional. The SocialWorkSupervisor Site is designed to operate as a forum to connect individuals seeking a mental health professional and mental health professionals. The SocialWorkSupervisor Site is a referral source to connect individuals and mental health professionals.
3. Your Account
In creating an account and/or posting any content to the SocialWorkSupervisor Site, you represent and warrant to Clinical Relief Institute that all information provided is true, accurate and correct. You may not impersonate someone else, create or use an account for anyone other than yourself, provide an email address other than your own, create multiple accounts or profiles, or make other misrepresentations including but not limited to misrepresentations about your contact information, licensure, years practiced, or specializations, except as otherwise authorized by Clinical Relief Institute.
As a user, you will create only one unique account or Profile, as applicable. Your use of the SocialWorkSupervisor Site, whether as an individual or mental health care provider, must be for bona fide referral-seeking purposes. You may not, for example, become a user solely to compile a report of therapists or supervisors in your area.
Clinical Relief Institute reserves the right to take down, delete, or remove any improper content or any immoral, scandalous, harassing, infringing, or otherwise inappropriate content. Clinical Relief Institute also reserves the right to disable or block your use or access to the SocialWorkSupervisor Site if you fail to comply with these Terms.
4. Age Limits and Users under 18
In order to create a SocialWorkSupervisor online account, you must be at least 18 years old. This Site is not intended to be used by individuals 18 and younger. To create a SocialWorkSupervisor online account, you must be—and you represent and warrant to Clinical Relief Institute that you are—at least 18 years old. If you are not at least 18 years old, please do not set up a SocialWorkSupervisor online account.
By using this Site or any of the SocialWorkSupervisor Materials, you affirm that you are either at least 18 years old, or an emancipated minor, or have secured sufficient legal, parental or guardian consent, and are fully able and competent to enter into and abide by these Terms.
5. General Restrictions On Use & Termination
You may only use the SocialWorkSupervisor Materials for your personal and non-commercial use. Without limiting the generality of these Terms, you specifically agree not to use the SocialWorkSupervisor Materials in connection with any of the following, each as determined in the sole discretion of Clinical Relief Institute:
- Any illegal or unauthorized use;
- Impersonation of any person or entity;
- Defaming, abusing, “stalking” , harassing, or threatening any other person;
- Harming minors in any way;
- Posting any content that is obscene or sexually explicit;
- Falsely stating or misrepresenting your affiliation with another person or entity;
- Falsely stating or misrepresenting your licensure, specializations or professional qualifications;
- Infringing any patent, trademark, trade secret, service mark, copyright, privacy right, publicity right, or any other right of another person or entity;
- Accessing or using the account of another without permission;
- Distributing unsolicited or unauthorized advertising, surveys, contests, promotional materials, “junk mail”, “spam”, “chain letters”, “pyramid schemes”, or other such messages for any purpose;
- Restricting or inhibiting any other user from accessing or using the SocialWorkSupervisor Site, including, but not limited to, by means of “hacking” or defacing any portion of the SocialWorkSupervisor Site;
- Distributing computer viruses or other code, files, or programs that interrupt, destroy, or limit the functionality of any computer software or hardware or telecommunications equipment;
- Interfering with, disrupting, or destroying the functionality or use of any features or portions of the SocialWorkSupervisor Site;
- Taking any action that imposes or may impose (in the sole discretion of Clinical Relief Institute) an unreasonable or disproportionately large load on Clinical Relief Institute’s servers or infrastructure;
- Interfering with, disrupting, or destroying the servers or networks connected to the SocialWorkSupervisor Materials, or disobeying any rules or regulations applicable to such SocialWorkSupervisor Materials, servers or networks;
- “Hacking” or accessing without permission Clinical Relief Institute’s proprietary or confidential records or those of any other third party;
- Using any robot, “bot” spider, scraper, web crawler, data mining process, technique, or means, or implementing any other automatic or manual processes to access, copy, compile, or decompile any portion of the SocialWorkSupervisor Materials;
- Violating any contract or fiduciary relationship (for example, by disclosing proprietary or confidential information for your employer in breach of any employment, consulting, or non-disclosure agreement);
- Decompiling, reverse engineering, disassembling or otherwise attempting to derive source code from Clinical Relief Institute or the SocialWorkSupervisor Site;
- Removing, circumventing, disabling, damaging or otherwise interfering with security-related features, or features that enforce limitations on use of the SocialWorkSupervisor Site or SocialWorkSupervisor Materials;
- Removing any copyright, trademark, or other proprietary rights notices contained in or displayed on any portion of the SocialWorkSupervisor Site;
- Modifying, copying, publishing, licensing, selling, renting, leasing, lending, transferring or otherwise commercializing any rights to the content posted on the SocialWorkSupervisor Site or any other SocialWorkSupervisor Materials or any portions thereof; and/or
- Violating any other term or condition governing your use of the SocialWorkSupervisor Site or any applicable federal, state, or local law or regulation.
In the event your access to the SocialWorkSupervisor Site or SocialWorkSupervisor Materials is suspended due to your breach of this Agreement, you agree that all fees then paid to Clinical Relief Institute or the SocialWorkSupervisor Site by you will be nonrefundable and all outstanding or pending payments will be immediately due and payable in full. In the event Clinical Relief Institute elects to terminate your account/subscription without cause, you will not receive a refund.
6. Email Policy
You may receive periodic emails from Clinical Relief Institute or from other Users of the SocialWorkSupervisor Site if you opted to receive such email at the time of your registration with the SocialWorkSupervisor Site or at other times. If you would rather not receive email from Clinical Relief Institute or from other Users of the SocialWorkSupervisor Site, please send an email to firstname.lastname@example.org and you will be unsubscribed from receiving further mailings.
7. Intellectual Property Rights
The SocialWorkSupervisor Materials are protected by copyright, trademark, patent and/or other intellectual property laws. Unless otherwise agreed in writing by Clinical Relief Institute, all text, graphics, video, data or other content appearing on or posted to the SocialWorkSupervisor Site, including but not limited to visual interfaces, data, interactive features, graphics, design, compilation, computer code, software, comments, voting results, user reviews or ratings, reports and other usage-related data, your account, and all other elements and components of the SocialWorkSupervisor Materials and SocialWorkSupervisor Site are owned by Clinical Relief Institute or its licensors (collectively “SocialWorkSupervisor Content”). SocialWorkSupervisor Content is provided to You by Clinical Relief Institute for the sole purpose of your personal and non-commercial use of the SocialWorkSupervisor Site. You SHALL NOT copy, display, distribute, modify, translate, reformat, incorporate into any advertisement, create derivative works based on, publish, or sell any content on the SocialWorkSupervisor Site or any information, software, or services provided by Clinical Relief Institute hereunder. SocialWorkSupervisor Content may be modified from time to time by Clinical Relief Institute in its sole discretion. Your use of the SocialWorkSupervisor Site does not grant you any right, title, interest or license to any such intellectual property appearing on the SocialWorkSupervisor Site. Any unauthorized use of the content of the SocialWorkSupervisor Site may subject you to civil or criminal penalties.
Except as expressly set forth herein, no license is granted to any User for any other purpose other than for personal and non-commercial use, and any other use of the SocialWorkSupervisor Content by You shall constitute a material breach of this Agreement. Nothing in this Agreement shall affect any rights of Clinical Relief Institute or its licensors in the SocialWorkSupervisor Site and any associated IP Rights.
The word mark SOCIALWORKSUPERVISOR, and the associated design are trademarks of Clinical Relief Institute and may not be used without the prior, express, written permission of Clinical Relief Institute. The names of mental health professional firms or other companies or products featured or described on the SocialWorkSupervisor Site may be separately protected by trademarks owned and controlled by third parties. No license, right or interest in any trademarks of Clinical Relief Institute or any other third party is granted under this Agreement.
8. Notice Of And Procedure For Claims Of Copyright Infringement
Clinical Relief Institute respects the intellectual property and proprietary rights of others. In accordance with the Digital Millennium Copyright Act, Clinical Relief Institute has designated a Copyright Agent to receive notice of claims of alleged copyright infringement on the SocialWorkSupervisor Site. If you believe that your copyrighted material has been used or copied in a way that constitutes copyright infringement and such infringement is occurring on the SocialWorkSupervisor Site, please send Clinical Relief Institute’s Designated Agent (identified below) a notice containing the following:
(1) An electronic or physical signature of the person authorized to act on behalf of the owner of the copyrighted work(s) that is/are alleged to have been infringed;
(2)A description of the copyrighted work(s) that you claim is/are infringing and the location where the original or an authorized copy of the copyrighted work(s) exists/exist (for example, the URL of the website where the copyrighted work(s) is/are lawfully published; the name, edition and page(s) of a book, etc.);
(3)A description of where the material that you claim is/are infringing is/are located on this site, including the URL, so that we can locate the material;
(4)Your address, telephone number and email address;
(5)A statement that you have a good faith belief that the use of the material identified in the notice is not authorized by the copyright owner, its agent, or applicable law; and
(6)A statement by you, under penalty of perjury, that the above information is accurate and that you are the copyright owner or are authorized to act on behalf of the copyright owner.
You acknowledge that if you fail to comply with all of the above-listed requirements of this Section, your DMCA notice may not be valid.
INSERT NAME AND ADDRESS OF DESIGNATEDCOPYRIGHT AGENT HERE
Clinical Relief Institute
104 West Flaget
Bardstown, KY, 40004
NOTE: THE NOTICE REQUIRED BY THIS SECTION IS EXCLUSIVELY FOR NOTIFYING CLINICAL RELIEF INSTITUTE THAT COPYRIGHTED WORK(S) MAY HAVE BEEN INFRINGED. DO NOT SEND ANY NOTICES OR INQUIREIES UNRELATED TO ALLEGED COPYRIGHT INFRINGEMENT TO THE DESINGATED AGENT. SUCH NOTICES OR INQUIRIES SHOULD INSTEAD BE SENT TO THE E-MAIL ADDRESS OR MAILING ADDRESS LISTED BELOW IN THE SECTION TITLED “CONTACT INFORMATION”.
If you believe that your content that was removed (or to which access was disabled) is not infringing, or that you have the authorization from the copyright owner, the copyright owner’s agent, or pursuant to the law, to post and use the material in your content, you may send a counter-notice containing the following information to the Copyright Agent:
(1) Your physical or electronic signature;
(2) Description of the content that has been removed or to which access has been disabled and the location where the content appeared before it was removed or disabled;
(3) A statement that you have a good faith belief that the content was removed or disabled as a result of mistake or a misidentification of the content; and
(4) Your name, address, telephone number, and e-mail address and a statement that you will accept service of process from the person who provided notification of the alleged infringement.
If we receive a counter-notice, we may send a copy to the original complaining party informing the complainant that Clinical Relief Institute may replace or enable the removed content in 10 business days. Unless the copyright owner files an action seeking a court order against the content provider, member or user, the removed Content may be replaced, or access to it restored, in 10 to 14 business days or more after receipt of the counter-notice, at Clinical Relief Institute’s sole discretion.
9. No Contact Information
You agree that you will not post any e-mail addresses, personal/professional website addresses or personal profile pages that you may have on a third party website or any other contact information on the SocialWorkSupervisor Site without prior written approval from Clinical Relief Institute. If you are a mental health therapist, you may only post your physical mailing address in your Profile, but no other contact information. You may, at your discretion, exchange such information with an individual once you begin communicating with such individual who has contacted you through the SocialWorkSupervisor Site.
10. Use of Information by Clinical Relief Institute.
By using the SocialWorkSupervisor Site and/or SocialWorkSupervisor Materials, you agree to allow Clinical Relief Institute to use the information provided by you on the SocialWorkSupervisor Site to continue Clinical Relief Institute’s research and to improve the SocialWorkSupervisor Site and/or the SocialWorkSupervisor Materials. This research, which may be conducted by psychologists and behavior research scientists, may be published in academic journals or other publications or public forums. However, all of your responses will be anonymous, and Clinical Relief Institute will not publish research containing your personal identifying information without first obtaining your written consent.
11. No Third Party Beneficiaries
No other third party beneficiaries are created by or shall be implied under this Agreement.
12. Liability Limitations
YOU ARE USING THE SOCIALWORKSUPERVISOR SITE “AS IS.” IN NO EVENT SHALL CLINICAL RELIEF INSTITUTE BE LIABLE FOR ANY INJURY, LOSS, CLAIM, DAMAGE OR ANY SPECIAL, EXEMPLARY, PUNITIVE, INCIDENTAL OR CONSEQUENTIAL DAMAGES OF ANY KIND, WHETHER BASED IN CONTRACT, TORT OR OTHERWISE, WHICH ARISES OUT OF OR IS ANY WAY CONNECTED WITH (I) ANY USE OF THE SERVICES PROVIDED THROUGH THE DIANGOSISFREE SITE INCLUDING BUT NOT LIMITED TO THE REFERRAL SERVCE, THE SOCIALWORKSUPERVISOR SITE, OR THE SOCIALWORKSUPERVISOR MATERIALS, (II) ANY CONTENT CONTAINING ERRONEOUS OR OUTDATED DATA, (III) ANY CONTENT CONTAINING DEFAMATORY OR OTHERWISE UNTRUE STATEMENTS OR MISREPRESENTATIONS, (IV) ANY FAILURE OR DELAY (INCLUDING, BUT NOT LIMITED TO, THE USE OR INABILITY TO USE ANY COMPONENT OF THE SERVICES OR THE SOCIALWORKSUPERVISOR SITE, (V) THE PERFORMANCE OR NON-PERFORMANCE OF ANY THIRD PARTY IN CONNECTION WITH THE SOCIALWORKSUPERVISOR SITE OR MATERIALS, OR (VI) ANY INJURY, LOSS, CLAIM, DAMAGE OR ANY SPECIAL, EXEMPLARY, PUNITIVE, INCIDENTAL OR CONSEQUENTIAL DAMAGES (INCLUDING BUT NOT LIMITED TO LOST PROFITS) OF ANY KIND, WHETHER BASED IN CONTRACT, TORT OR OTHERWISE, WHICH ARISES OUT OF OR IS IN ANY WAY CONNECTED WITH A USER’S SUBMISSION OF CONTENT TO THE SOCIALWORKSUPERVISOR SITE, USE OF OR RELIANCE ON THE REFERRAL SYSTEM ON THE SOCIALWORKSUPERVISOR SITE, OR USE OF THE SOCIALWORKSUPERVISOR SITE OR THE SOCIALWORKSUPERVISOR MATERIALS. ALL CLAIMS BROUGHT UNDER THIS AGREEMENT MUST BE BROUGHT WITHIN ONE YEAR FROM THE DATE WHEN THE CLAIM ACCRUED OR WILL BE WAIVED.
IN ADDITION, ALL USERS SPECIFICALLY UNDERSTAND AND AGREE THAT ANY THIRD PARTY DIRECTING USERS TO THE SOCIALWORKSUPERVISOR SITE BY REFERRAL, LINK OR ANY OTHER MEANS IS NOT LIABLE TO USER FOR ANY REASON WHATSOEVER, INCLUDING BUT NOT LIMITED TO DAMAGES OR LOSS ASSOCIATED WITH THE USE OF THE SOCIALWORKSUPERVISOR MATERIALS. CLINICAL RELIEF INSTITUTE IS NEITHER AN AGENT OF NOR IS CONNECTED WITH ANY THIRD PARTY MEDICAL HEALTH PROFESSIONALS OR MEDICAL HEALTH FIRMS ASIDE FROM PROVIDING A FORUM FOR A REFERRAL SERVICE THROUGH THE SOCIALWORKSUPERVISOR SITE.
Clinical Relief Institute and its contractors may elect to verify and use various ways of verifying information that users have provided. You agree that Clinical Relief Institute and its contractors will have no liability to you arising from any incorrect information.
THIS LIMITATION OF LIABILITY AND THE DISCLAIMER OF WARRANTY SHALL BE ENFORCED TO THE MAXIMUM EXTENT PERMITTED BY LAW.
13. Disclaimer Of Warranty
THE SOCIALWORKSUPERVISOR SITE AND ALL CONTENT, INFORMATION, PROGRAMS, AND MATERIALS CONTAINED IN OR ACCESSED ON THE SOCIALWORKSUPERVISOR SITE ARE PROVIDED TO USER ON AN “’AS IS” BASIS AND WITHOUT WARRANTY OR REPRESENTATIONS OF ANY KIND. CLINICAL RELIEF INSTITUTE DISCLAIMS ALL WARRANTIES, EXPRESSED OR IMPLIED, INCLUDING, WITHOUT LIMITATION, ANY WARRANTY OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, ACCURATENESS OR COMPLETENESS, NON-INFRINGEMENT, OR ARISING FROM A COURSE OF DEALING. CLINICAL RELIEF INSTITUTE DOES NOT WARRANT THAT THE REFERRALS OR OTHER INFORMATION DISPLAYED VIA SOCIALWORKSUPERVISOR SITE ARE ACCURATE, COMPLETE AND FREE FROM ERROR NOR DOES CLINICAL RELIEF INSTITUTE WARRANT THAT ANY DEFECTS IN THE SOCIALWORKSUPERVISOR SITE WILL BE CORRECTED OR THAT USE OF THIS SITE WILL PROVIDE SPECIFIC RESULTS.
CLINICAL RELIEF INSTUTUTE EXPRESSLY DISCLAIMS ANY DUTY TO VERIFY INFORMATION POSTED BY USERS OF THE SOCIALWORKSUPERVISOR SITE AND MAKES NO REPRESENTATION OR WARRANTY THAT ANY OF THE INFORMATION POSTED BY USERS ON THE DIAGNOSIS FREE SITE IS ACCURATE. CLINICAL RELIEF INSTITUTE EXPRESSLY DISCLAIMS ANY DUTY TO VERIFY THE IDENTITY OF ANY INDIVIDUALS SEEKING MENTAL HEALTH CARE PROVIDERS AND EXPRESSLY DISCLAIMS ANY DUTY TO VERIFY, EXAMINE, DETERMINE OR WARRANT THE IDENTITY OR COMPETENECE OF ANY MENTAL HEALTH CARE PROVIDERS APPEARING ON THE SOCIALWORKSUPERVISOR SITE. Any information that is verified by Clinical Relief Institute will be in the sole discretion of Clinical Relief Institute. examine, determine, or warrant the competence of any mental health care provider listed in the Site. Under no circumstances should this Site be used to verify the credentials of mental health care providers. Please contact your State Professional Licensing Board (or other applicable regulatory body) to verify the licensure of a provider.
Opinions, advice, statements, offers, or other information or content made available through the SocialWorkSupervisor Site or SocialWorkSupervisor Materials are those of their respective authors or users and should not necessarily be relied upon. Users are solely responsible for such content and Clinical Relief Institute does not express any opinion as to the suitability, accuracy of value of such content. CLINICAL RELIEF INSTITUTE DOES NOT: (i) GUARANTEE THE ACCURACY, COMPLETENESS OR USEFULNESS OF ANY INFORMATION PROVIDED ON THE SITE OR THROUGH THE SERVICES, (ii) ADOPT OR ENDORSE ANY OF THE VIEWS OR INFORMATION PROVIDED ON THE SOCIALWORKSUPERVISOR SITE; OR (iii) ACCEPT RESPONSIBILITY FOR THE ACCURACY OR RELIABILITY OF ANY OPINION, ADVICE, OR STATEMENT MADE BY ANY PARTY ON THE SOCIALWORKSUPERVISOR SITE. UNDER NO CIRCUMSTANCES WILL CLINICAL RELIEF INSTITUTE BE RESPONSIBLE FOR ANY LOSS OR DAMAGE OF ANY KIND RESULTING TO ANY USER FROM RELIANCE ON INFORMATION OR OTHER CONTENT POSTED ON THE SOCIALWORKSUPERVISOR SITE OR THROUGH THE SOCIALWORKSUPERVISOR MATERIALS OR TRANSMITTED TO OR BY ANY USERS.
Clinical Relief Institute also assumes no responsibility, and shall not be liable for any such damages caused by viruses or other forms on contamination or destructive features that may affect your computer equipment, software, data or other property on account of your access to, use of, or browsing the SocialWorkSupervisor Site or your uploading of any content, materials, text, images, video or audio to the SocialWorkSupervisor Site or any linked sites.
Furthermore, Clinical Relief Institute does not warrant that the referrals provided on the SocialWorkSupervisor Site or through the SocialWorkSupervisor Materials will meet the needs or expectations of users.
14. Assumption of Risk
By using the SocialWorkSupervisor Site and the SocialWorkSupervisor Materials, you assume all risk, including but not limited to all of the risks associated with any online or offline interactions with others, including (as applicable) seeking mental health care from any mental health care professionals on the SocialWorkSupervisor Site or contacting or working with any individuals who are seeking mental health care services.
You agree to take all necessary precautions yourself when meeting individuals or therapists through the SocialWorkSupervisor Services or the SocialWorkSupervisor Site. You understand that Clinical Relief Institute makes no guarantees, either express or implied, regarding your ultimate compatibility with individuals or mental healthcare professionals you meet through the Site or Services or as to the conduct of such individuals or mental healthcare professionals. You further understand that Clinical Relief Institute makes no guarantees as to number or frequency of matches through the SocialWorkSupervisor Site.
16. Reporting Violations
You agree to promptly report to Clinical Relief Institute any violation of the Agreement by others, including but not limited to, violations committed by users that you become aware of (or should be aware of based upon the circumstances).
In order to provide our users with continuous service, the SocialWorkSupervisor Site automatically renews all paid subscriptions twenty-four (24) hours before such subscriptions are set to expire. Such renewals are generally for the same duration as the original subscription term (for example, a one-month subscription will renew on a monthly basis, a three-month subscription will renew on a three-month basis, and so on), except for annual subscriptions which will renew on a monthly basis after expiration of the annual period. By entering into this Agreement, you acknowledge that your account will be subject to the above-described automatic renewals.
You may cancel your registration or subscription to the SocialWorkSupervisor Site and SocialWorkSupervisor Materials at any time during the term of your subscription or any renewal period by accessing the “My Account” page or by sending an email to email@example.com. In the event of cancellation, no refund or any other form of compensation shall be provided to you from Clinical Relief Institute.
19. Links To Third Party Sites
The SocialWorkSupervisor Site may contain links to websites operated by contest sponsors or other parties other than Clinical Relief Institute. Such links are provided for your reference only. Clinical Relief Institute does not control such Web sites and is not responsible for their content. Clinical Relief Institute’s inclusion of any third party links or the posting of any third party links by third parties on the SocialWorkSupervisor Site does not imply any endorsement by Clinical Relief Institute of the material on such websites or any association with their operators.
If any of the provisions, or portions thereof, of this Agreement are found to be invalid under applicable law, then, the remainder of the Agreement shall be in full force and effect to the fullest extent possible.
21. No Assignment
You may not transfer or assign your rights and obligations under this Agreement (other than your right to receive payment resulting from winning any contest if applicable) without the prior, written consent of Clinical Relief Institute; however, Clinical Relief Institute may freely assign this Agreement without restriction.
Any waiver of any provision of this Agreement, or a delay by any party in the enforcement of any right hereunder, shall neither be construed as a continuing waiver nor create an expectation of non-enforcement of that or any other provision or right. No waiver shall be Clinical Relief Institute .
23. Arbitration Agreement / Waiver of Jury Trial, Class Action & Venue
You are thus GIVING UP YOUR RIGHT TO GO TO COURT to assert or defend your rights under this contract EXCEPT for matters that may be taken to small claims court. Your rights will be determined by a NEUTRAL ARBITRATOR and NOT a judge or jury. You are entitled to a FAIR HEARING, BUT arbitration procedures are SIMPLER AND MORE LIMITED THAN RULES APPLICABLE IN COURT. Arbitrator decisions are as enforceable as any court order and are subject to VERY LIMITED REVIEW BY A COURT.
You and Clinical Relief Institute must abide by the following rules: (a) for any claim that could otherwise be brought in small claims court, the arbitration shall be conducted solely based on written submissions and, if the arbitrator deems it appropriate, a telephonic hearing; (b) if the claim exceeds what can be recovered in a small claims court, the arbitration shall be conducted solely based on written submissions or a telephonic hearing, unless the arbitrator deems a face-to-face hearing is appropriate, in which case one should be held at a location agreed to by You and Clinical Relief Institute and if the parties cannot agree on a location for the hearing, the arbitrator will determine a location for the proceedings which is reasonably convenient to both parties with due consideration of their ability to travel and other pertinent circumstances; (c) the arbitrator’s ruling is binding and not merely advisory; (d) ANY CLAIMS BROUGHT BY YOU OR CLINICAL RELIEF INSTITUTE MUST BE BROUGHT IN THE PARTY’S INDIVIDUAL CAPACITY, AND NOT AS A PLAINTIFF OR CLASS MEMBER IN ANY PURPORTED CLASS OR REPRESENTATIVE PROCEEDING; (e) THE ARBITRATOR MAY NOT CONSOLIDATE MORE THAN ONE PERSON’S CLAIMS, AND MAY NOT OTHERWISE PRESIDE OVER ANY FORM OF A REPRESENTATIVE OR CLASS PROCEEDING, (f) Clinical Relief Institute also reserves the right in its sole and exclusive discretion to assume responsibility for all of the costs of the arbitration; (g) the arbitrator shall honor claims of privilege and privacy recognized at law; (h) a decision by the arbitrator (including any finding of fact and/or conclusion of law) against either You or Clinical Relief Institute shall be confidential unless otherwise required to be disclosed by law or by any administrative body and may not be collaterally used against either of them in existing or subsequent litigation or arbitration involving any other person, including any other SocialWorkSupervisor Site user; and (i) each side pays its own attorneys’ fees and expenses unless there is a statutory provision that requires the prevailing party to be paid its fees’ and litigation expenses.
Notwithstanding the foregoing, either You or Clinical Relief Institute may bring an individual action in small claims court. Further, claims of defamation, violation of the Computer Fraud and Abuse Act, and infringement or misappropriation of the other party’s patent, copyright, trademark, or trade secret shall not be subject to this arbitration agreement. Such claims shall be exclusively brought in the state or federal courts located in Lexington, Kentucky. Additionally, notwithstanding this agreement to arbitrate, either party may seek emergency equitable relief before the state or federal courts located in Lexington, Kentucky in order to maintain the status quo pending the arbitrator’s ruling, and hereby agree to submit to the personal jurisdiction of the courts located within Lexington, Kentucky for such purpose. A request for interim measures shall not be deemed a waiver of the right to arbitrate.
With the exception of subparts (d) and (e) in the paragraph above (prohibiting arbitration on a class or collective basis), if any part of this arbitration provision is deemed to be invalid, unenforceable or illegal, or otherwise conflicts with the Rules and Procedures, then the balance of this arbitration provision shall remain in effect and shall be construed in accordance with its terms as if the invalid, unenforceable, illegal or conflicting provision were not contained herein. If, however, either subpart (d) or (e) is found to be invalid, unenforceable or illegal, then the entirety of this arbitration provision shall be null and void, and neither You nor Clinical Relief Institute shall be entitled to arbitration. In the event this agreement to arbitrate is held unenforceable by a court, or in the event AAA refuses to arbitrate the Dispute, all controversies, disputes, demands, counts, claims, or causes of action between You and Clinical Relief Institute shall be exclusively brought in the state or federal courts located in Lexington, Kentucky.
For more information on AAA, its Rules and Procedures, and how to file an arbitration claim, you may call AAA at 800-778-7879 or visit the AAA website at https://www.adr.org.
24. Governing Law
This Agreement is made under and shall be governed by and construed in accordance with the laws of the State of Kentucky, consistent with the Federal Arbitration Act, without giving effect to any conflicts of laws or other principles that provide for the application of the law of another jurisdiction. The SocialWorkSupervisor Materials and Site are intended to be offered from Clinical Relief Institute’s location in the United States of America. Clinical Relief Institute makes no representations that the SocialWorkSupervisor Materials or Site are appropriate or available for use in other locations. Those who access or use the Service from other jurisdictions do so as is and are responsible for compliance with local law. The SocialWorkSupervisor Materials and Site are not for use by those outside the United States.
25. Entire Agreement
26. Contact Us
Please send any notices, questions, comments, or concerns regarding this website, (other than notifications of claimed copyright infringement) to: firstname.lastname@example.org
This Agreement was last revised on November 1, 2012.