Terms of Service & Use
Last Updated: January 14, 2022
These Terms of Service and Use (“Terms”) apply when you access or the website https://therapydave.com (collectively, “Site”) of Dave Lechnyr, independent practitioner of DTSC, LLC (“we”, “us”, “our”, “me”, “my”, or “I”) and/or the services, content and materials made available by me (collectively, “Services”). These Terms do not alter in any way the terms or conditions of any other agreement you may have with us for products, services or otherwise.
BY ACCESSING OR USING THIS SITE AND ITS SERVICES, YOU AGREE TO BE BOUND BY THESE TERMS OF SERVICE AND USE AND ALL TERMS INCORPORATED HEREIN BY REFERENCE. IF YOU DO NOT AGREE TO ALL OF THESE TERMS, DO NOT ACCESS OR USE THIS SITE OR ITS SERVICES.
I reserve the right to change or modify these Terms at any time and in my sole discretion. If I make changes to these Terms, I will provide notice of such changes by updating the “Last Updated” date at the top of this document. Your continued use of the Services following our notice of the amended Terms will confirm your acceptance of the amended Terms. If you do not agree to the amended Terms, you may not continue accessing or using the Services.
If you use this Site, you are responsible for maintaining the confidentiality of your account and password and for restricting access to your computer, and you agree to accept responsibility for all activities that occur under your account or password. You may not assign or otherwise transfer your account to any other person or entity. You acknowledge that we are not responsible for third party access to your account that results from theft or misappropriation of your account. We reserve the right to refuse or cancel service, terminate accounts, or remove or edit content at our sole discretion.
We occasionally partner as an affiliate with other businesses. For example, we are a participant in the Amazon Services LLC Associates Program, an affiliate advertising program designed to provide a means for sites to earn advertising fees by advertising and linking to Amazon properties including, but not limited to, amazon.com. This means that any time you click on a book or product link on the Site, and should you then choose to purchase that item through the Amazon website, we will receive a very small percentage of that sale. Please understand that we do not market on behalf of Amazon or any other affiliate. We only share books, products, and resources that we support, use and believe in and we do not sell to clients or non-clients.
If you choose to purchase a product on the Site, or if you choose to purchase a product on another site where we provide the link, you agree to assume full responsibility for using the information on the Site, and you understand and agree that we are not responsible or liable for any claim, loss, or damage resulting from its use by you or any user. We cannot guarantee any results or outcomes if you choose to purchase any of the Services offered on this Site or through a site link we provide or an affiliate’s website or business. As with any business-related program, product, material, book or service that you purchase, your results may vary, and will be based on many variables, so therefore no guarantees can be made.
Changes to Terms
We reserve the right, in its sole discretion, to change the Terms under which the Site is offered. The most current version of the Terms will supersede all previous versions. We encourage you to periodically review the Terms to stay informed of our updates.
Children under 13
We do not knowingly collect, either online or offline, personal information from persons under the age of thirteen. If you are under 18, you may use the Site only with permission of a parent or guardian.
Class Action Waiver
Any proceedings to resolve or litigate any dispute will be conducted solely on an individual basis, and you shall not seek to have any dispute heard as a class action, a representative action, a collective action, a private attorney-general action or in any proceeding in which you act or proposes to act in a representative capacity. You further agree that no arbitration or proceeding will be joined, consolidated or combined with another arbitration or proceeding.
WE DO NOT REPRESENT OR WARRANT THAT (A) THE SERVICES ARE ACCURATE, COMPLETE, RELIABLE, CURRENT OR ERROR-FREE, OR (B) THE SERVICES OR OUR SERVER(S) ARE FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS. YOU SHOULD USE INDUSTRY-RECOGNIZED SOFTWARE TO DETECT AND DISINFECT VIRUSES FROM ANY DOWNLOAD FROM THE SERVICES
EXCEPT AS EXPRESSLY PROVIDED TO THE CONTRARY IN A WRITING BY US, THE SERVICES ARE PROVIDED ON AN “AS IS” BASIS WITHOUT WARRANTIES OF ANY KIND, AND, TO THE FULLEST EXTENT PERMITTED BY APPLICABLE LAW, WE DISCLAIM ALL STATUTORY AND IMPLIED WARRANTIES, INCLUDING, WITHOUT LIMITATION, IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE AND NON-INFRINGEMENT.
Governing Law; Forum
Any dispute between the parties regarding the subject matter of these Terms will be governed by these Terms and the laws of the State of Oregon and applicable United States law, without giving effect to any conflict of laws principles that may provide for the application of the law of another jurisdiction. You agree that any action at law or in equity arising out of or relating to any actual or threatened infringement, misappropriation or violation of a party’s copyrights, trademarks, trade secrets, patents or other intellectual property, or relating to these Terms shall be filed only in the state and federal courts located in Lane County, Oregon (except for small claims disputes, which may be filed in the jurisdiction in which you reside), and you hereby irrevocably and unconditionally consent and submit to the exclusive jurisdiction of such courts over any suit, action or proceeding arising out of these Terms.
You agree to defend, indemnify and hold us harmless, as well as our independent contractors, service providers and consultants, and our and their respective directors, officers, employees and agents (collectively, the “Company Parties”) from and against any claims, damages, costs, liabilities and expenses (including, but not limited to, reasonable attorneys’ fees).
International Disclaimer of Warranties
We are a United States-based service. We make no representation that any aspect of the Services is appropriate or available for use outside of the United States or may be used for persons who are not citizens of the United States or residents of other countries. Those who access the Services from other locations are responsible for compliance with applicable local laws. The Services are subject to applicable export laws and restrictions.
License for Use
All content included as part of the Service, such as text, graphics, logos, images, as well as the compilation thereof, and any software used on the Site, is our exclusive property and is protected by copyright and other laws that protect intellectual property and proprietary rights. You agree to observe and abide by all copyright and other proprietary notices, legends, or other restrictions contained in any such content and will not make any changes thereto.
You will not modify, publish, transmit, reverse engineer, participate in the transfer or sale, create derivative works, or in any way exploit any of the content, in whole or in part, found on the Site. Our content is not for resale. Your use of the Site does not entitle you to make any unauthorized use of any protected content, and in particular you will not delete or alter any proprietary rights or attribution notices in any content. You will use protected content solely for your personal use, and will make no other use of the content without our express written permission and the copyright owner. You agree that you do not acquire any ownership rights in any protected content. We do not grant you any licenses, express or implied, to our intellectual property except as expressly authorized by these Terms.
Limitation of Liability
TO THE FULLEST EXTENT PERMITTED BY APPLICABLE LAW: (A) IN NO EVENT SHALL THE COMPANY PARTIES BE LIABLE FOR ANY SPECIAL, INDIRECT OR CONSEQUENTIAL DAMAGES, INCLUDING BUT NOT LIMITED TO LOSS OF USE, LOSS OF PROFITS OR LOSS OF DATA, WHETHER IN AN ACTION IN CONTRACT, TORT (INCLUDING AS A RESULT OF OUR NEGLIGENCE) OR OTHERWISE, ARISING OUT OF OR IN ANY WAY CONNECTED WITH THESE TERMS OR THE USE OF OR INABILITY TO USE THE SERVICES; AND (B) IN NO EVENT SHALL THE AGGREGATE LIABILITY OF THE COMPANY PARTIES, WHETHER IN CONTRACT, WARRANTY, TORT (INCLUDING AS A RESULT OF OUR ALLEGED NEGLIGENCE), PRODUCT LIABILITY, STRICT LIABILITY OR OTHER THEORY, ARISING OUT OF OR RELATING TO THESE TERMS OR THE USE OF OR INABILITY TO USE THE SERVICES EXCEED ANY COMPENSATION YOU PAY, IF ANY, TO US FOR ACCESS TO OR USE OF THE SERVICES.
YOU ACKNOWLEDGE AND AGREE THAT WE HAVE OFFERED THE SERVICES, SET ITS PRICES, AND ENTERED INTO THESE TERMS IN RELIANCE UPON THE WARRANTY DISCLAIMERS AND THE LIMITATIONS OF LIABILITY SET FORTH IN THESE TERMS, AND THAT THE WARRANTY DISCLAIMERS AND THE LIMITATIONS OF LIABILITY SET FORTH HEREIN FORM AN ESSENTIAL BASIS OF THE BARGAIN BETWEEN YOU AND US. WE WOULD NOT BE ABLE TO PROVIDE THE SERVICES ON AN ECONOMICALLY REASONABLE BASIS WITHOUT THESE LIMITATIONS.
If any provision of these Terms shall be deemed unlawful, void or for any reason unenforceable, then that provision shall be deemed severable from these Terms and shall not affect the validity and enforceability of any remaining provisions.
We reserve the right, without advance notice and at our sole discretion, to terminate your access to the Site and the related services or any portion thereof at any time. To the maximum extent permitted by law, this agreement is governed by the laws of Lane County in the State of Oregon and you hereby consent to the exclusive jurisdiction and venue of courts in Oregon in all disputes arising out of or relating to the use of the Site. Use of the Site is unauthorized in any jurisdiction that does not give effect to all provisions of these Terms, including, without limitation, this section.
You agree that no joint venture, partnership, employment, or agency relationship exists between you and us as a result of this agreement or use of the Site. Our performance of this agreement is subject to existing laws and legal process, and nothing contained in this agreement is in derogation of our right to comply with governmental, court and law enforcement requests or requirements relating to your use of the Site or information provided to or gathered by us with respect to such use. If any part of this agreement is determined to be invalid or unenforceable pursuant to applicable law including, but not limited to, the warranty disclaimers and liability limitations set forth above, then the invalid or unenforceable provision will be deemed superseded by a valid, enforceable provision that most closely matches the intent of the original provision and the remainder of the agreement shall continue in effect.
Unless otherwise specified herein, this agreement constitutes the entire agreement between you and us with respect to the Site. A printed version of this agreement and of any notice given in electronic form shall be admissible in judicial or administrative proceedings based upon or relating to this agreement to the same extent and subject to the same conditions as other business documents and records originally generated and maintained in printed form. It is the express wish to the parties that this agreement and all related documents be written in English.
Third-Party Sites and Services
The Site may contain links to other websites (“Linked Sites”). The Linked Sites are not under our control and we are not responsible for the contents of any Linked Site, including without limitation any link contained in a Linked Site, or any changes or updates to a Linked Site. We are providing these links to you only as a convenience, and the inclusion of any link does not imply endorsement by us of the site or any association with its operators.
Certain services made available via the Site are delivered by third party sites and organizations. By using any product, service, or functionality originating from the Site, you hereby acknowledge and consent that we may share such information and data with any third party with whom we has a contractual relationship to provide the requested product, service or functionality on behalf of the Site’s users and customers.
Certain features available through the Site may offer a “waiting list” where you sign up to be notified of openings or availability for enrollment. Signing up for a waiting list does not create and/or imply a client-therapist relationship, and is intended to be used as informative in nature only. Waiting lists are not intended for current, active clients.