www.betweensessions.com Open in urlscan Pro
192.124.249.163 Public Scan

Back to summary

Submitted URL:
https://r20.rs6.net/tn.jsp?f=001I3mlupO7dsITc7mLambVfShvPQHSjzDlZJusVR82rX6qUcAjgwTlPRlExgvvN5NGvyjiiLykW0b1GSAmpryk...
Effective URL:
https://www.betweensessions.com/membership-account-2/membership-levels/?level=10002
Submission: On August 31 via manual (August 31st 2023, 1:45:40 am UTC) from US — Scanned from DE

Form analysis
2 forms found in the DOM

GET https://www.betweensessions.com/

<form role="search" method="get" class="et-search-form" action="https://www.betweensessions.com/">
  <input type="search" class="et-search-field" placeholder="Search …" value="" name="s" title="Search for:">
</form>

POST /membership-account-2/membership-levels/?level=10002

<form id="wpforms-form-253557" class="wpforms-validate wpforms-form wpforms-ajax-form" data-formid="253557" method="post" enctype="multipart/form-data" action="/membership-account-2/membership-levels/?level=10002"
  data-token="aa41c757e489baa922700150db94fa51" novalidate="novalidate"><noscript class="wpforms-error-noscript">Please enable JavaScript in your browser to complete this form.</noscript>
  <div class="wpforms-field-container">
    <div id="wpforms-253557-field_1-container" class="wpforms-field wpforms-field-name register-names" data-field-id="1"><label class="wpforms-field-label" for="wpforms-253557-field_1">Name <span class="wpforms-required-label">*</span></label>
      <div class="wpforms-field-row wpforms-field-medium">
        <div class="wpforms-field-row-block wpforms-first wpforms-one-half"><input type="text" id="wpforms-253557-field_1" class="wpforms-field-name-first wpforms-field-required" name="wpforms[fields][1][first]" required=""><label
            for="wpforms-253557-field_1" class="wpforms-field-sublabel after ">First</label></div>
        <div class="wpforms-field-row-block wpforms-one-half"><input type="text" id="wpforms-253557-field_1-last" class="wpforms-field-name-last wpforms-field-required" name="wpforms[fields][1][last]" required=""><label
            for="wpforms-253557-field_1-last" class="wpforms-field-sublabel after ">Last</label></div>
      </div>
    </div>
    <div id="wpforms-253557-field_2-container" class="wpforms-field wpforms-field-text register-username" data-field-id="2"><label class="wpforms-field-label" for="wpforms-253557-field_2">Username <span
          class="wpforms-required-label">*</span></label><input type="text" id="wpforms-253557-field_2" class="wpforms-field-medium wpforms-field-required" name="wpforms[fields][2]" required=""></div>
    <div id="wpforms-253557-field_3-container" class="wpforms-field wpforms-field-email" data-field-id="3"><label class="wpforms-field-label" for="wpforms-253557-field_3">Email <span class="wpforms-required-label">*</span></label>
      <div class="wpforms-field-row wpforms-field-medium">
        <div class="wpforms-field-row-block wpforms-one-half wpforms-first"><input type="email" id="wpforms-253557-field_3" class="wpforms-field-required wpforms-field-email-primary" name="wpforms[fields][3][primary]" spellcheck="false"
            required=""><label for="wpforms-253557-field_3" class="wpforms-field-sublabel after ">Email</label></div>
        <div class="wpforms-field-row-block wpforms-one-half"><input type="email" id="wpforms-253557-field_3-secondary" class="wpforms-field-email-secondary wpforms-field-required" data-rule-confirm="#wpforms-253557-field_3"
            name="wpforms[fields][3][secondary]" spellcheck="false" required=""><label for="wpforms-253557-field_3-secondary" class="wpforms-field-sublabel after ">Confirm Email</label></div>
      </div>
    </div>
    <div id="wpforms-253557-field_6-container" class="wpforms-field wpforms-field-radio" data-field-id="6"><label class="wpforms-field-label" for="wpforms-253557-field_6">Length of Subscription</label>
      <ul id="wpforms-253557-field_6">
        <li class="choice-1 depth-1 wpforms-selected"><input type="radio" id="wpforms-253557-field_6_1" name="wpforms[fields][6]" value="10002" checked="checked"><label class="wpforms-field-label-inline" for="wpforms-253557-field_6_1">Monthly
            $49.95/month - renews automatically (After 14 day free trial)</label></li>
        <li class="choice-2 depth-1"><input type="radio" id="wpforms-253557-field_6_2" name="wpforms[fields][6]" value="10003"><label class="wpforms-field-label-inline" for="wpforms-253557-field_6_2">Yearly $499/year - renews automatically (After 14
            day free trial)</label></li>
      </ul>
    </div>
    <div id="wpforms-253557-field_11-container" class="wpforms-field wpforms-field-checkbox cb-terms" data-field-id="11"><label class="wpforms-field-label" for="wpforms-253557-field_11">Terms of Service <span
          class="wpforms-required-label">*</span></label>
      <ul id="wpforms-253557-field_11" class="wpforms-field-required">
        <li class="choice-1 depth-1"><input type="checkbox" id="wpforms-253557-field_11_1" name="wpforms[fields][11][]" value="I have read and agree to the Terms of Service below" required=""><label class="wpforms-field-label-inline"
            for="wpforms-253557-field_11_1">I have read and agree to the Terms of Service below</label></li>
      </ul>
      <div class="wpforms-field-description wpforms-disclaimer-description">
        <div class="header-content"><br>
          <br>
          <h1 class="et_pb_module_header">Terms and Conditions</h1><br>
          <br>
          <div class="et_pb_header_content_wrapper">
            <h6 style="text-transform: capitalize;"><span style="color: #000000; font-size: 12px; font-family: inherit;">BY ACCESSING, USING THE SOFTWARE, AND/OR SIGNIFYING YOUR ACCEPTANCE TO THESE TERMS OF SERVICE, YOU AGREE TO THE TERMS OF THIS
                AGREEMENT AS AND/OR ON BEHALF OF THE PERSON/ENTITY LISTED IN THE ACCOUNT CREATION, SIGN-UP, OR SIMILAR FORM (“REGISTRATION FORM”), YOU REPRESENT AND WARRANT THAT YOU HAVE FULL AUTHORITY TO BIND THE ACCOUNT OWNER AND THE PRACTICE TO
                THESE TERMS OF SERVICE. IF YOU DO NOT AGREE TO THESE TERMS OF SERVICE AND DO NOT HAVE THE AUTHORITY AS PROVIDED HEREIN, YOU MAY NOT AND SHALL NOT ACCESS OR USE THE SERVICE (AS DEFINED IN THESE TERMS OF SERVICE).</span></h6><br>
            <h6 style="text-transform: capitalize;"><span style="color: #000000;">THESE TERMS OF SERVICE APPLY TO YOUR USE DURING ANY TRIAL PERIOD AS WELL AS CONTINUED USE SUBSEQUENT TO THE TRIAL PERIOD.</span></h6><br>
            <h6 style="text-transform: capitalize;"></h6><br>
            <h6 style="text-transform: capitalize;"><span style="color: #000000;">These Terms of Service (“Agreement” or “Terms of Service”) are a binding contract between the Account Owner(s) (as defined below) (referred to herein as “Account
                Owner,” “You,” “you,” “your,” or “Your”) and Between Sessions Resources, Inc. (referred to herein as “Between Sessions” or “Us” or “We”). The Terms of Service shall govern Your use of the Service, and Your rights and obligations with
                respect to User Data that is placed in the Service, and associated Intellectual Property Rights thereto, as well as your creation of an account through which You will access the Service (hereinafter an “Account”) for use in connection
                with the Service. By accessing, using, subscribing, purchasing, or downloading the Service, or any goods, materials, or content from the Website, You agree to, and ensure that all who access the Service through Your account, follow
                and be bound by the following terms and conditions and any other terms and conditions embodied in any other agreements you enter into with Us. If you do not agree with the Terms of Service, neither You nor the Team Members may use the
                Website or the Service.</span></h6><br>
            <h6 style="text-transform: capitalize;"></h6><br>
            <h6 style="text-transform: capitalize;"><span style="color: #000000;">NOTICE OF ARBITRATION AGREEMENT AND CLASS ACTION WAIVER: THIS AGREEMENT INCLUDES A BINDING ARBITRATION CLAUSE AND A CLASS ACTION WAIVER, SET FORTH BELOW, WHICH AFFECTS
                YOUR RIGHTS ABOUT RESOLVING ANY DISPUTE WITH US. PLEASE READ IT CAREFULLY.</span></h6><br>
            <h6 style="text-transform: capitalize;"><span style="color: #000000;">These Terms of Service apply to You and any Team Members that use the Service. The Account Owner manifests agreement to these Terms of Service by any act demonstrating
                your assent thereto, including clicking any button containing the words “I agree,” “Start my free trial,” “Join my team,” “Create my account,” or similar syntax, by accessing the Website, by establishing an Account, or using the
                Service, whether you have read these Terms of Service or not. By clicking any such button or otherwise indicating Your assent and agreement to these Terms of Service. You should print a copy of these Terms of Service for your business
                and personal records.</span></h6><br>
            <h6 style="text-transform: capitalize;"><span style="color: #000000;">These Terms of Service may be modified by Between Sessions Resources at any time. By continuing to access or use the Service after the effective date of any such
                change, you agree to be bound by the modified Terms of Service.</span></h6><br>
            <h6 style="text-transform: capitalize;"><span style="color: #000000;">Definitions</span></h6><br>
            <ul><br>
              <li><br>
                <h6 style="text-transform: capitalize;"><span style="color: #000000;">“Account Owner” means the individual who establishes the Account, the Practice, the owner of the Practice, and any other entity and/or person in whose name the
                    Account is established, all of whom are agreed to be jointly and severally obligated under these Terms of Service. The Account Owner is responsible for the obligations and activities under the Account as well as the obligations
                    and activities of all Users and Team Members within the Account (including without limitation payment for the Account and deletion of the Account). The use of the phrase “Account Owner” in the singular shall also mean use in the
                    plural.</span></h6><br>
              </li><br>
              <li><br>
                <h6 style="text-transform: capitalize;"><span style="color: #000000;">“Content” means all tools provided to members of the BetweenSessions.com website.</span></h6><br>
              </li><br>
              <li><br>
                <h6 style="text-transform: capitalize;"><span style="color: #000000;">“Dispute” will have the broadest meaning possible and means any dispute, action, or other controversy between you and Between Sessions relating to the Service, any
                    transaction or relationship between you and Between Sessions resulting from your use of the Service, communications between you and Between Sessions, or this Agreement – whether in contract, warranty, tort, laws, or
                    regulations.</span></h6><br>
              </li><br>
              <li><br>
                <h6 style="text-transform: capitalize;"><span style="color: #000000;">“HIPAA” means the Health Insurance Portability and Accountability Act of 1996, the Health Information Technology for Economic and Clinical Health Act, and their
                    implementing regulations as amended from time to time.</span></h6><br>
              </li><br>
              <li><br>
                <h6 style="text-transform: capitalize;"><span style="color: #000000;">“Intellectual Property Rights” means copyrights, trademarks, service marks, trade dress, publicity rights, database rights, patent rights, and other intellectual
                    property rights or proprietary rights recognized by law.</span></h6><br>
              </li><br>
              <li><br>
                <h6 style="text-transform: capitalize;"><span style="color: #000000;">“Payment Data” means any personal or financial information collected from a credit card, debit card, or other payment method, including but not limited to a
                    cardholder’s account number, card expiration date, security code, and billing address.</span></h6><br>
              </li><br>
              <li><br>
                <h6 style="text-transform: capitalize;"><span style="color: #000000;">“Servers” are computers or devices that host the Service.</span></h6><br>
              </li><br>
              <li><br>
                <h6 style="text-transform: capitalize;"><span style="color: #000000;">“Service” means Between Session’s technology and software platforms available on the Websites and any affiliated sub-domains and mobile applications and sites,
                    Software, and Servers.</span></h6><br>
              </li><br>
              <li><br>
                <h6 style="text-transform: capitalize;"><span style="color: #000000;">“Between Sessions Software” or “Software” is the software provided to you by Between Sessions and/or its suppliers under license or with respect to which you have
                    access, in connection with the Service.</span></h6><br>
              </li><br>
              <li><br>
                <h6 style="text-transform: capitalize;"><span style="color: #000000;">“Team Member” means Account Owner’s staff, contractors, administrators, or other service providers who are granted access to the Account with the authorization of
                    the Account Owner.</span></h6><br>
              </li><br>
              <li><br>
                <h6 style="text-transform: capitalize;"><span style="color: #000000;">“Transaction Data” means customer information, User Data, Payment Data, transaction information, bank information, and credit card information including without
                    limitation tokenized account information, tokens and token access codes, account information or other data or information of any kind that is provided by or generated or collected on your behalf, or your patients or clients by the
                    Service.</span></h6><br>
              </li><br>
              <li><br>
                <h6 style="text-transform: capitalize;"><span style="color: #000000;">“User(s)” means the Account Owner(s), Team Member, and/or the Account Owner(s)’ or Team Member’s clients, customers, or patients.</span></h6><br>
              </li><br>
              <li><br>
                <h6 style="text-transform: capitalize;"><span style="color: #000000;">“Website” means the websites and services available from the domain and sub-domains of Between Sessions.</span></h6><br>
              </li><br>
            </ul><br>
            <h6 style="text-transform: capitalize;"></h6><br>
            <h6 style="text-transform: capitalize;"><span style="color: #000000;">By accepting these Terms of Service in connection with an Account, the person acknowledging agreement or assenting to these Terms of Service represents that they are at
                least 18 years of age, or the legal age of majority where in the place of residence if that jurisdiction has an older age of majority and has the legal authority to contractually agree to these Terms of Service on behalf of the
                Account Owner.</span></h6><br>
            <h6 style="text-transform: capitalize;"><span style="color: #000000;">You are responsible for the security of any account verification information, such as user names and passwords, including without limitation your Users’ user names and
                password.</span></h6><br>
            <h6 style="text-transform: capitalize;"><span style="color: #000000;">Establishing an Account</span></h6><br>
            <h6 style="text-transform: capitalize;"><span style="color: #000000;">You must establish an Account with Between Sessions to use the Service. You agree to provide accurate, current, and complete information about You and the individual
                who establishes the Account (“Registration Data”) as prompted by the Registration Form and as required to be added in the “Settings” or other page on the Website, and to use the Account management tools provided to keep your
                Registration Data accurate, current and complete. Between Sessions will designate You as the Account Owner and assign an account name (your “Account Name”).</span></h6><br>
            <h6 style="text-transform: capitalize;"><span style="color: #000000;">Responsibility for Use of Account</span></h6><br>
            <h6 style="text-transform: capitalize;"><span style="color: #000000;">You, as the Account Owner, are responsible for all activities conducted through your Account. In the event that fraud, violation of law, regulation or rule, or conduct
                that violates these Terms of Service occurs (whether by you or someone else) that is in any way connected with your Account, we may suspend or terminate your use of the Service and your Account as described in Section 25 and you shall
                be financially responsible to Between Sessions for the consequences of such use.</span></h6><br>
            <h6 style="text-transform: capitalize;"><span style="color: #000000;">Selection and Use of Account Password</span></h6><br>
            <h6 style="text-transform: capitalize;"><span style="color: #000000;">At the time Your Account is created, You must select a password. You are responsible for maintaining the confidentiality of Your password and You are responsible for
                any damages, claims, losses, or other harm resulting from Your disclosure of Your password, authorization of the disclosure of Your password, or any person’s use of Your password or Your Account and those who gain access to your
                Account or Account Name. At no time should you respond to an online request for a password other than in connection with the log-on process to the Service. Your disclosure of Your password to any other person is at your own
                risk.</span></h6><br>
            <h6 style="text-transform: capitalize;"><span style="color: #000000;">Fees and Billing</span></h6><br>
            <h6 style="text-transform: capitalize;"><span style="color: #000000;">Between Sessions Resources provides the Service for the fees and other charges set forth on the Website. All prices listed exclude all sales taxes, fees, use taxes,
                charges, duties, levies, and similar governmental charges (“Sales Taxes”) imposed on the provision of the Service and all such Sales Taxes shall be borne solely by and paid by the Account Owner to Between Sessions Resources and deemed
                to be in addition to the fees charged in connection with the Service. Where applicable, Account Owner shall be responsible for all Sales Taxes and Between Sessions Resources reserves the right to collect Sales Taxes retroactively. We
                may, at any time, add new services for additional fees and charges, or prospectively modify fees and charges for existing services (including prospectively charging fees for the Service not previously charged for) on notice as
                provided herein. You acknowledge that it is Your responsibility to ensure payment in advance for all paid aspects of the Service, and to ensure that your credit or debit cards or other payment instruments accepted by Between Sessions
                Resources and/or its processor, continue to be valid and sufficient for such purposes. We may suspend or terminate Your use and Your Account’s use, as provided in Section 25, in the event of any payment delinquency. Other services are
                available from Between Sessions Resources and the agreement with respect to those services and fees due to Between Sessions Resources incorporate by reference these Terms of Service as well as any specific terms and conditions
                presented to you. You will not be entitled to any refund on termination or expiration of the Agreement. All payments once made to Between Sessions Resources shall have been earned by Between Sessions Resources as of the date of
                payment. You will not be entitled to any refund for the partial use of the Service or credits at any time.</span></h6><br>
            <h6 style="text-transform: capitalize;"></h6><br>
            <h6 style="text-transform: capitalize;"><span style="color: #000000;">Modification of Service</span></h6><br>
            <h6 style="text-transform: capitalize;"><span style="color: #000000;">Between Sessions Resources reserves the right to add, modify, discontinue, or eliminate aspect(s), features, or functionality of the Service from time to time for any
                reason including without limitation for purposes of compliance with applicable laws and regulations, to effect improvements in security and functionality, to correct errors, or for any other purposes, at its sole discretion.</span>
            </h6><br>
            <h6 style="text-transform: capitalize;"><span style="color: #000000;">Privacy Policy, Protected Health Information, User Data and Use of Your Information, Email, Data Deletion on Termination</span></h6><br>
            <h6 style="text-transform: capitalize;"><span style="color: #000000;">Our&nbsp;<a href="https://www.simplepractice.com/privacy" style="color: #000000;">Privacy Policy</a>&nbsp;describes how we use and share Personal Information (as such
                term is defined in the Privacy Policy), including&nbsp; any Payment Data or Registration Data You provide, or other Personal Information we receive when You submit an inquiry or request further information, or receive updates and
                promotions about or related to the Service.&nbsp; Our Privacy Policy does not apply to any Personal Information contained within User Data that we collect and process only on your behalf when we provide the Service.</span></h6><br>
            <h6 style="text-transform: capitalize;"></h6><br>
            <h6 style="text-transform: capitalize;"><span style="color: #000000;">In providing you our Service, Between Sessions Resources will not sell any Personal Information contained in User Data. Between Sessions Resources will not retain, use,
                or disclose the Personal Information You provide to us about Your patients and clients except for the specific purpose of performing our obligations under these Terms of Service, including providing and improving the Service under
                these Terms of Service, nor will Between Sessions Resources retain, use, or disclose Personal Information about your patients and clients outside of our direct business or contractual relationship with You or the legal entity under
                which You practice or are employed.</span></h6><br>
            <h6 style="text-transform: capitalize;"><span style="color: #000000;">We will make no use of PHI that is not permitted by these Terms of Service, the BAA (as defined below), or that is prohibited by applicable law, including but not
                limited to HIPAA.</span></h6><br>
            <h6 style="text-transform: capitalize;"><span style="color: #000000;">It is Your responsibility to comply with all applicable privacy and data protection laws and to ensure that You have provided all required notices and obtained all
                necessary consents (including with respect to third parties’ access) from Your Users, patients and clients, and that the User (including without limitation Your patients and Your clients) have agreed to the collection of their User
                Data (including PHI) and the access of their User Data by You, by us, and, where applicable, other third parties. Any sample documentation that is provided by Between Sessions Resources for obtaining consent or other information from
                Users is for illustration only, and You alone (and not Between Sessions Resources) are responsible to ensure that such documentation is adequate and enforceable. Between Sessions Resources does not provide legal or compliance advice
                and You are responsible for retaining competent counsel and advisors for these purposes.</span></h6><br>
            <h6 style="text-transform: capitalize;"><span style="color: #000000;">In the event that we receive a subpoena, court order, or other legal request compelling the disclosure of any of your patients’ or clients’ User Data (including PHI) or
                any of Your data or information or any User Data, we will notify You of the existence of such subpoena, court order, or other legal request prior to disclosing the PHI or other data or&nbsp;information or any User Data, unless ordered
                to not do so by a court of competent jurisdiction, requested not to do so by law enforcement, or unless our legal counsel advises us that prior notification is not required or in violation of applicable law</span></h6><br>
            <h6 style="text-transform: capitalize;"><span style="color: #000000;">In the event of termination of this Agreement, whether by your cancellation of the Agreement, your breach of, or as otherwise provided in these Terms of Service, there
                is an export feature in the Service which will enable you to retrieve your User Data contained within the Service prior to the account termination date. It is your sole responsibility to export from your Account a file or files
                containing the User Data contained within the Service before the account termination date and to ensure the secure preservation of User Data (including PHI) for your clients and patients pursuant to federal and state law. Between
                Sessions Resources will destroy the User Data for your Account as provided in Section 25 of these Terms of Service.</span></h6><br>
            <h6 style="text-transform: capitalize;"><span style="color: #000000;">No Responsibility for Acts of Omissions of Third-Party Websites</span></h6><br>
            <h6 style="text-transform: capitalize;"><span style="color: #000000;">The Service may contain links to, or otherwise allow connections to third-party websites, servers, and online services or environments that are not owned or controlled
                by Between Sessions Resources. You agree that Between Sessions Resources is not responsible or liable for the content, policies, or practices of any third-party websites, servers, or online services or environments. Please consult any
                applicable terms of use and privacy policies provided by the third party for such websites, servers, or online services or environments.</span></h6><br>
            <h6 style="text-transform: capitalize;"><span style="color: #000000;">Your Rights and Obligations with Respect to User Data</span></h6><br>
            <h6 style="text-transform: capitalize;"><span style="color: #000000;">In connection with User Data you upload or submit to or which is created by the Service, you affirm, represent, and warrant that you own or have all necessary
                Intellectual Property Rights, licenses, consents, and permissions to use such data.</span></h6><br>
            <h6 style="text-transform: capitalize;"><span style="color: #000000;">You acknowledge that You are responsible for all information and User Data you and those who are under the Account (including without limitation clients, patients, and
                Team Members) input into the Service, including changes made to client or patient progress notes, whether previously locked or unlocked. You hereby acknowledge that the practice of unlocking any previously locked progress notes may be
                a violation by You and Your Team Members of applicable professional standards and /or applicable law. You understand and agree that You are bound by various laws and regulations, including but not limited to&nbsp;HIPAA, which require
                that You preserve the availability, accuracy, integrity, and confidentiality of PHI and personally identifiable information. You also acknowledge and agree that all of your activity within the Service is automatically logged
                (including into audit logs), including the unlocking and changes to the progress notes, and that such activity may be audited by Account Owners, account administrators, regulators, or others.</span></h6><br>
            <h6 style="text-transform: capitalize;"><span style="color: #000000;">Permission to Use Copyrighted Material</span></h6><br>
            <h6 style="text-transform: capitalize;"><span style="color: #000000;">The company gives permission for members to use materials obtained on the site for personal or professional use. This includes the posting of such material on the
                member’s website or social media posts. The copyright of the company cannot be removed. The member does not give permission for using Between Sessions tools in any commercial way whatsoever, including reselling the tools.</span></h6>
            <br>
            <h6 style="text-transform: capitalize;"><span style="color: #000000;">Interruption of Service</span></h6><br>
            <h6 style="text-transform: capitalize;"><span style="color: #000000;">Between Sessions may on occasion need to interrupt or suspend the Service, with or without prior notice, to protect the integrity or functionality of the Service or for
                maintenance purposes. You agree that BetweenSessions is not liable for any interruption or suspension of the Service (whether intentional or not), and You understand that neither You nor any Team Members of Users will be entitled to
                any refunds of fees or other compensation for interruption or suspension of service. Likewise, You agree that in the event of loss of any User Data, we will not be liable for any purported damage or harm arising therefrom.</span></h6>
            <br>
            <h6 style="text-transform: capitalize;"><span style="color: #000000;">BetweenSessions Intellectual Property Rights and Limited License Granted to You</span></h6><br>
            <h6 style="text-transform: capitalize;"><span style="color: #000000;">Intellectual Property Rights.&nbsp;Between Sessions owns Intellectual Property Rights in and to the Service, except User Data, including the Between Sessions Software,
                the Websites, and the Servers, and in and to our trademarks, service marks, trade names, logos, domain names, taglines, and trade dress (collectively, the “Between Sessions Marks”). You understand that such Intellectual Property
                Rights are apart from any rights You may have in User Data you upload or submit to the Service, as discussed above. You acknowledge and agree that Between Sessions and its licensors own all right, title, and interest in and to the
                Service, including all Intellectual Property Rights therein, other than with respect to User Data. Except as expressly granted in this Agreement, all rights, title, and interest in and to the Service, except all User Data, and in and
                to the Between Sessions Marks are reserved by Between Sessions. Copyright, trademark, and other laws of the United States and foreign countries protect the Service and the Between Sessions Marks.</span></h6><br>
            <h6 style="text-transform: capitalize;"><span style="color: #000000;">Limited License. BetweenSessions hereby grants You a non-exclusive, non-transferable, non-sublicensable, limited, revocable license to access and use the Service
                specifically as set forth in these Terms of Service and expressly conditioned upon You and Your Account remaining active, in good standing, and in full compliance with these Terms of Service. You agree that you will not (i) allow any
                person or entity not authorized by Between Sessions to use or access the Software, (ii) attempt to copy any ideas, features, functions, or graphics contained in the Service; (iii) use the Between Sessions Software in the operation of
                a service bureau, an application service provider, or for any other purpose intended to benefit a party other than You, (iv) alter or modify the Between Sessions Software, (v) sell, assign, sublicense, rent, lease, or otherwise
                transfer the BetweenSessions Software or any rights in connection therewith, or (vi) attempt to translate, disassemble, decompile, reverse assemble, reverse engineer all or any part of the Service or otherwise attempt to derive the
                source code for the Software.</span></h6><br>
            <h6 style="text-transform: capitalize;"><span style="color: #000000;">Feedback and other Input. You may provide suggestions, ideas, and/or feedback (collectively, “Feedback”) to Between Sessions or in the use of the Service or Website
                regarding Between Sessions active Website, products or Service. You agree that Between Sessions will be free to use, irrevocably, in perpetuity, and for any purpose, all Feedback provided to it by You or our Team Members and that all
                right title and interest in Feedback is assigned to Between Sessions.&nbsp;The foregoing grant of rights is made without any duty to account to You or to any of the foregoing persons or entities for the use of such Feedback.</span>
            </h6><br>
            <h6 style="text-transform: capitalize;"></h6><br>
            <h6 style="text-transform: capitalize;"><span style="color: #000000;">By accessing or using the Service, You consent to the processing, transfer, and storage of information about You and Users in and to the United States and other
                countries, where Users may not have the same rights and protections as provided under local law</span></h6><br>
            <h6 style="text-transform: capitalize;"><span style="color: #000000;">Violation of Terms of Service</span></h6><br>
            <h6 style="text-transform: capitalize;"><span style="color: #000000;">Any violation by You, Your Team Members, or Users of these Terms of Service may result in immediate suspension or termination of your Account without any refund or
                other compensation at Between Sessions option.</span></h6><br>
            <h6 style="text-transform: capitalize;"><span style="color: #000000;">Releases</span></h6><br>
            <h6 style="text-transform: capitalize;"><span style="color: #000000;">You agree not to hold Between Sessions liable for the Content, actions, or inactions of You or other Users of the Service or of other third parties. As a condition of
                access to the Service, you release Between Sessions (and its officers, directors, shareholders, agents, subsidiaries, and employees) from claims, demands, losses, liabilities, and damages (actual and consequential) of every kind and
                nature, known and unknown, arising out of or in any way connected with any dispute You have or claim to have with one or more other users of the Service or with other third parties, including whether or not Between Sessions becomes
                involved in any resolution or attempted resolution of the dispute. If You are a California resident, You waive California Civil Code Section 1542 (as may be amended). The statute currently provides: “A general release does not extend
                to claims that&nbsp;the creditor or the releasing party does not know or suspect to exist in his or her favor at the time of executing the release and that, if known by him or her, would have materially affected his or her settlement
                with the debtor or release party.” If You are a resident of another jurisdiction, You waive any comparable statute or doctrine.</span></h6><br>
            <h6 style="text-transform: capitalize;"><span style="color: #000000;">Disclaimer of Express and Implied Warranties</span></h6><br>
            <h6 style="text-transform: capitalize;"><span style="color: #000000;">Between Sessions PROVIDES THE SERVICE, INCLUDING WITHOUT LIMITATION THE SOFTWARE, THE WEBSITES, THE SERVERS, AND YOUR ACCOUNT, STRICTLY ON AN “AS IS” BASIS, AND HEREBY
                EXPRESSLY DISCLAIMS ALL WARRANTIES OR CONDITIONS OF ANY KIND, WRITTEN OR ORAL, EXPRESS, IMPLIED OR STATUTORY, INCLUDING WITHOUT LIMITATION ANY IMPLIED WARRANTY OF TITLE, NONINFRINGEMENT, MERCHANTABILITY, OR FITNESS FOR A PARTICULAR
                PURPOSE. NO VALUE, EITHER EXPRESS OR IMPLIED, IS GUARANTEED OR WARRANTED WITH RESPECT TO ANY CONTENT. NOTWITHSTANDING ANY INTELLECTUAL PROPERTY RIGHTS YOU MAY HAVE IN YOUR USER DATA OR ANY EXPENDITURE ON YOUR PART, Between Sessions
                AND YOU EXPRESSLY DISCLAIM ANY COMPENSABLE VALUE RELATING TO OR ATTRIBUTABLE TO ANY DATA RELATING TO YOUR ACCOUNT RESIDING ON Between Sessions SERVERS. YOU ASSUME ALL RISK OF LOSS FROM USING THE SERVICE ON THIS BASIS. Between Sessions
                does not ensure continuous, error-free, secure, or virus-free operation of the Service, the Software, the Websites, the Servers, Professional Website Services,&nbsp;Telehealth, or your Account, and You understand that You shall not be
                entitled to refunds or other compensation based on Between Sessions’ failure to provide any of the foregoing other than as explicitly provided in this Agreement. Some jurisdictions do not allow the disclaimer of implied warranties,
                and to that extent, the foregoing disclaimer may not apply to You.</span></h6><br>
            <h6 style="text-transform: capitalize;"><span style="color: #000000;">Between Sessions does not guarantee that by mere use of the Software you will be in compliance with HIPAA or other applicable law, and you understand and agree that you
                are responsible for maintaining administrative, technical, and physical safeguards necessary to ensure the confidentiality, availability, and integrity with respect to your PHI and to otherwise comply with HIPAA and other applicable
                law.</span></h6><br>
            <h6 style="text-transform: capitalize;"><span style="color: #000000;">Limitation of Liability</span></h6><br>
            <h6 style="text-transform: capitalize;"><span style="color: #000000;">IN NO EVENT SHALL Between Sessions OR ANY OF ITS DIRECTORS, OFFICERS, EMPLOYEES, EQUITY OWNERS, MANAGERS, SUBSIDIARIES, AGENTS, OR LICENSORS BE LIABLE TO YOU OR TO ANY
                THIRD PARTY FOR ANY SPECIAL, INCIDENTAL, INDIRECT, CONSEQUENTIAL, RELIANCE, PUNITIVE, OR EXEMPLARY DAMAGES OR DISGORGEMENT OR COMPARABLE EQUITABLE REMEDY, INCLUDING WITHOUT LIMITATION ANY DAMAGES FOR LOST DATA OR LOST PROFITS, ARISING
                (WHETHER IN CONTRACT, TORT, STRICT LIABILITY, OR OTHERWISE) OUT OF OR IN CONNECTION WITH THE SERVICE (INCLUDING ITS MODIFICATION OR TERMINATION), THE Between Sessions SOFTWARE, THE WEBSITES, THE SERVERS, YOUR ACCOUNT (INCLUDING ITS
                TERMINATION OR SUSPENSION) OR THIS AGREEMENT, WHETHER OR NOT Between Sessions MAY HAVE BEEN ADVISED THAT ANY SUCH DAMAGES MIGHT OR COULD OCCUR AND NOTWITHSTANDING THE FAILURE OF ESSENTIAL PURPOSE OF ANY REMEDY. IN NO EVENT WILL
                Between Sessions’ CUMULATIVE LIABILITY TO YOU EXCEED THE GREATER OF ONE HUNDRED FIFTY DOLLARS (U.S. $150.00). Some jurisdictions do not allow the foregoing limitations of liability, so to the extent that any such limitation is found
                to be impermissible, such limitation may not apply to You.</span></h6><br>
            <h6 style="text-transform: capitalize;"><span style="color: #000000;">Indemnification</span></h6><br>
            <h6 style="text-transform: capitalize;"><span style="color: #000000;">At Between Sessions’ request, you agree to defend, indemnify, and/or hold harmless Between Sessions, its officers, directors, shareholders, employees, subsidiaries, and
                agents from all damages, liabilities, claims, and expenses, including without limitation attorneys’ fees and costs, arising from: (i) any breach or alleged breach by You or your Team Members or Users of these Terms of Service,
                including without limitation your representations and warranties relating to your data, User Data; (ii) claims, losses, and causes of action asserted by any Users (including without limitation your clients or patients; (ii) use of the
                Between Sessions &nbsp;or your acts, omissions, or use of the Service, including without limitation your negligent, willful, or illegal conduct. In any matter in which you have agreed to indemnify Between Sessions, without the express
                written consent of Between Sessions, You may not settle any matter or admit liability if, upon doing so, you are admitting liability or fault on the part of Between Sessions. We reserve the right to assume the exclusive defense and
                control of any matter otherwise subject to indemnification by you, and in such case, you agree to cooperate with our defense of such claim.</span></h6><br>
            <h6 style="text-transform: capitalize;"><span style="color: #000000;">Suspension and Termination of Accounts</span></h6><br>
            <h6 style="text-transform: capitalize;"><span style="color: #000000;">You may terminate this Agreement by closing your Account at any time for any reason. Subject to Between Sessions obligations pursuant to Section 8, in such event,
                Between Sessions shall have no further obligation or liability to You under this Agreement or otherwise. You may not suspend Your own Account. If you suspend Your Account, then the Account will be deemed terminated. Between Sessions
                may suspend or terminate Your Account, without notice, for breach if You violate this Agreement, or any terms regarding payment of required fees and charges due under this Agreement. Between Sessions may, at its sole discretion,
                provide you a grace period prior to termination, in the event of a breach or Your failure to pay fees and charges, without waiving its rights hereunder to terminate immediately upon such events.&nbsp;We may suspend or terminate Your
                Account (or the access of any Team Member) if we determine in our discretion that such action is desirable for any reason, or advisable to comply with applicable legal requirements, or to protect the rights or interests of Between
                Sessions or any third party. Under no circumstances, will you will be entitled to compensation or a refund for any interruption, suspension, or termination, and You acknowledge Between Sessions will have no liability to You or your
                Team Members or Users in connection with any interruption, suspension, or termination.</span></h6><br>
            <h6 style="text-transform: capitalize;"><span style="color: #000000;">Termination of Licenses Upon Termination of Account</span></h6><br>
            <h6 style="text-transform: capitalize;"><span style="color: #000000;">Upon termination of Your Account, all licenses granted by Between Sessions to use the Website, Software, and the Service will automatically terminate, and all User Data
                in Your Account will be retained no more than thirty (30) days after termination or expiration of Your Account or this Agreement, and deleted on expiration of such thirty (30) day time frame. You are responsible for exporting all
                account data and ensuring the secure preservation of PHI for your clients pursuant to federal and state law, and ethical requirements. During the time frame beginning on termination or expiration of Your Account, your access to the
                Service will be limited to downloading your User Data.</span></h6><br>
            <h6 style="text-transform: capitalize;"><span style="color: #000000;">Liability for Unpaid Fees Upon Termination of Account</span></h6><br>
            <h6 style="text-transform: capitalize;"><span style="color: #000000;">Upon termination by You or by Between Sessions of your Account, You will not receive any refund of any amounts previously paid and You will remain liable for any
                charges incurred or unpaid amounts owed by You to Between Sessions.</span></h6><br>
            <h6 style="text-transform: capitalize;"><span style="color: #000000;">Dispute Resolution</span></h6><br>
            <h6 style="text-transform: capitalize;"><span style="color: #000000;">In the event of a Dispute between You and Between Sessions (including any dispute over the validity, enforceability, or scope of this dispute resolution provision),
                other than with respect to claims for injunctive relief, the Dispute will be resolved by binding arbitration pursuant to the rules of the American Arbitration Association Commercial Arbitration Rules. The place of the arbitration
                shall be in Norwalk, Connecticut. In the event there is any Dispute between You and Between Sessions that is determined not to be subject to arbitration pursuant to the preceding sentence, You agree to submit in that event to the
                exclusive jurisdiction and venue of the state and federal courts located in the City and County of Norwalk, CT. You agree that this Agreement and the relationship between you and Between Sessions shall be governed by the Federal
                Arbitration Act and the laws of the State of CT without regard to conflict of law principles or the United Nations Convention on the International Sale of Goods. Notwithstanding this, either party shall still be allowed to apply for
                injunctive or other equitable relief to protect or enforce that party’s Intellectual Property Rights in any court of competent jurisdiction where the other party resides or has its principal place of business.</span></h6><br>
            <h6 style="text-transform: capitalize;"><span style="color: #000000;">Class Action Waiver</span></h6><br>
            <h6 style="text-transform: capitalize;"><span style="color: #000000;">Any proceedings to resolve or litigate any Dispute in any forum will be conducted solely on an individual basis. Class arbitrations, class actions, private attorney
                general actions, consolidation of your Dispute with other arbitrations, or any other proceeding in which either party acts or proposes to act in a representative capacity or as a private attorney general are not permitted and are
                waived by You, and an arbitrator will have no jurisdiction to hear such claims. If a court or arbitrator finds that the class action waiver in this section is unenforceable as to all or some parts of a Dispute, then the class action
                waiver will not apply to those parts. Instead, those parts will be severed and proceed in a court of law, with the remaining parts proceeding in arbitration. If any other provision of this Dispute resolution section is found to be
                illegal or unenforceable, that provision will be severed with the remainder of this section remaining in full force and effect.</span></h6><br>
            <h6 style="text-transform: capitalize;"><span style="color: #000000;">Disclaimer of Warranties as to Use Outside of the United States</span></h6><br>
            <h6 style="text-transform: capitalize;"><span style="color: #000000;">Between Sessions is a United States-based service. We make no warranty or representation that any aspect of the Service is appropriate for use outside of the United
                States or may be used for persons who are not then located outside the United States. Those who access the Service from other locations are responsible for compliance with applicable local laws. The Software is subject to applicable
                export laws and restrictions.</span></h6><br>
            <h6 style="text-transform: capitalize;"><span style="color: #000000;">Assignment of Agreement and Account</span></h6><br>
            <h6 style="text-transform: capitalize;"><span style="color: #000000;">You may not assign this Agreement or Your Account without our prior written consent. You may not transfer or sublicense any licenses granted by Between Sessions in this
                Agreement without our prior written consent. We may assign this Agreement, in whole or in part, and all related rights, licenses, benefits, and obligations, without restriction, including the right to sublicense any rights and
                licenses under this Agreement without your consent.</span></h6><br>
            <p><span style="color: #000000;">Integration, Interpretation of Section Headings, and Severability</span></p><br>
            <h6 style="text-transform: capitalize;"><span style="color: #000000;">The agreements, understandings, and policies referenced in this Agreement sets forth the entire agreement and understanding between You and Between Sessions with
                respect to the subject matter hereof and supersedes any prior or contemporaneous agreements or understandings. Between Sessions reserves the right to modify this Agreement and Terms of Service at any time upon notification to you. If
                any future change is unacceptable to You, You should discontinue using the Service. Your continued use of the Service will always indicate your acceptance of this agreement and any changes to it.</span></h6><br>
            <p><span style="color: #000000;">You acknowledge that no other written, oral, or electronic communications will serve to modify or supplement this Agreement, and You agree not to make any claims inconsistent with this understanding or in
                reliance on communications not part of this Agreement. The section headings used herein, including descriptive summary sentences at the start of each section, are for convenience only and shall not affect the interpretation of this
                Agreement. If any provision of this Agreement shall be held by a court of competent jurisdiction to be unlawful, void, or unenforceable, then in such jurisdiction that provision shall be deemed severable from these terms and shall not
                affect the validity and enforceability of the remaining provisions.</span></p><br>
            <p><span style="color: #000000;">Notices</span></p><br>
            <p><span style="color: #000000;">Between Sessions may provide notice to you and obtain consent from you: (1) through the Website; (2) by electronic mail at the electronic mail address associated with your Account; and/or (3) by written
                mail communication to you at the address associated with your Account. You must submit all notices required or permitted under this Agreement to Between Sessions Resources, Inc, Suite 333, 304 Main Ave, Norwalk, CT 06851.</span></p>
            <br>
            <p><span style="color: #000000;">No Responsibility for Acts or Omissions of Third-Party Service Providers</span></p><br>
            <p><span style="color: #000000;">Between Sessions may refer names of certain third-party service providers (“Service Providers”) to you upon your request or in connection with the Service. Any Service Providers referred to You by Between
                Sessions are not owned or controlled by Between Sessions. You agree that Between Sessions is not responsible or liable in any way for the acts or omissions of any Service Providers, including, without limitation, any negligent,
                willful, or illegal conduct. You further agree to conduct your own investigation and due diligence regarding any Service Providers referred to you by Between Sessions. You agree to defend (at Between Sessions’ option), indemnify, and
                hold harmless Between Sessions from all damages, liabilities, claims, expenses, and losses relating to the referral of Service Providers to You.</span></p><br>
            <p><span style="color: #000000;">Business Associate Agreement</span></p><br>
            <h6 style="text-transform: capitalize;"></h6><br>
            <h6 style="text-transform: capitalize;"><span style="color: #000000;">For purposes of complying with the requirements of HIPAA to the extent applicable, You and Between Sessions agree to be bound by each of the terms and provisions of the
                Between Sessions Business Associate Agreement (the “BAA”) and which is incorporated in full by this reference. If any provision hereof is potentially or actually in conflict with the provisions of the Business Associate Agreement with
                respect to the treatment of Protected Health Information, the terms of the Business Associate Agreement shall prevail.</span></h6><br>
            <h6 style="text-transform: capitalize;"></h6><br>
            <h6 style="text-transform: capitalize;"><span style="color: #000000;">Transfer of User Data and Account Ownership</span></h6><br>
            <h6 style="text-transform: capitalize;"><span style="color: #000000;">In the event that any Team Member who has access to the Service under the Account dies, becomes disabled or incapacitated, or otherwise is unable to provide services to
                any User, then the Account Owner will be solely responsible for arranging for the transfer of User Data, or modification of access, in compliance with applicable law and Section 4 of these Terms of Service. This includes, but may not
                be limited to, providing identity verification or execution of necessary authorizations that may be required by Between Sessions or by applicable regulations or licensing bodies<em>.</em>&nbsp;You agree that Between Sessions reserves
                the right to not transfer User Data or modify access if the foregoing is not provided to the extent required by applicable law. If the Account Owner dies, or otherwise becomes incapacitated, Between Sessions will attempt to identify
                an appropriate individual to transfer the Account Owner role pursuant to applicable law or regulation, and if an appropriate individual can be identified, will transfer the Account Owner role to that individual as outlined above. IT
                IS RECOMMENDED THAT ACCOUNT OWNERS CREATE CLEAR DIRECTIONS REGARDING ACCESS TO AND TRANSFER OF USER DATA IN THE EVENT OF THEIR DEATH, DISABILITY, OR INCAPACITATION AND SHARE THESE DIRECTIONS WITH A QUALIFIED AND TRUSTED INDIVIDUAL IN
                ADVANCE. Requests for transfer of the Account Owner role, either by the Account Owner or by an individual legally designated to assume Ownership, must be initiated by you by emailing:
                <a href="mailto:info@BetweenSessions.com" style="color: #000000;">info@BetweenSessions.com</a>. You agree that User Data that is PHI may only be accessed by or transferred to an appropriate party, pursuant to HIPAA rules and
                applicable state regulations.</span></h6><br>
            <h6 style="text-transform: capitalize;"></h6><br>
            <h6 style="text-transform: capitalize;"><span style="color: #000000;">Consent to Electronic Communications</span></h6><br>
            <h6 style="text-transform: capitalize;"><span style="color: #000000;">We provide Users information by email or posting through the Website. The emails and other communications You will receive include those relating to billing, account
                verification, platform and Service training (sometimes called “on-boarding materials), survey requests (for product and customer service improvement purposes), marketing and promotions, and administrative announcements (including
                related to these Terms of Service, our Privacy Policy, or security incident notifications). You understand that by using the Service and agreeing to these Terms of Service, Between Sessions will send to you the foregoing communication
                types and You hereby waive any right to opt out of such communications to the extent permitted by applicable law. You are responsible for obtaining either requisite consent or ceasing email communication to a patient or client in the
                event that such patient or client opts out of receipt of any such communications.</span></h6><br>
            <p><span style="color: #000000;">Date Prepared: February 12, 2021</span></p>
          </div><br>
          <br>
        </div>
      </div>
    </div>
    <div id="wpforms-253557-field_10-container" class="wpforms-field wpforms-field-hidden bs-url" data-field-id="10"><input type="hidden" id="wpforms-253557-field_10" name="wpforms[fields][10]" value="https://www.betweensessions.com"></div>
    <div id="wpforms-253557-field_12-container" class="wpforms-field wpforms-field-hidden bs-uuid" data-field-id="12"><input type="hidden" id="wpforms-253557-field_12" name="wpforms[fields][12]" value="3bb8e32a-7037-4b33-b57c-09435e76e4e4"></div>
  </div><!-- .wpforms-field-container -->
  <div class="wpforms-submit-container"><input type="hidden" name="wpforms[id]" value="253557"><input type="hidden" name="wpforms[author]" value="24058"><input type="hidden" name="wpforms[post_id]" value="252570"><button type="submit"
      name="wpforms[submit]" id="wpforms-submit-253557" class="wpforms-submit reg-submit" data-alt-text="Preparing your registration..." data-submit-text="Sign Up Now" aria-live="assertive" value="wpforms-submit" style="display: none;">Sign Up
      Now</button><img decoding="async" src="https://www.betweensessions.com/wp-content/plugins/wpforms/assets/images/submit-spin.svg" class="wpforms-submit-spinner" style="display: none;" width="26" height="26" alt="Loading"></div>
</form>

Text Content

866-277-0221 info@BetweenSessions.com

 * Features
   * Virtual Counseling Room
   * Psychology Forms Filler
   * Client Progress Accelerator
   * Library of Tools
 * Pricing
   
 * Resources
   * Blog
   * FAQ
   * From Our Members
     
 * Log In

Select Page
 * Features
   * Virtual Counseling Room
   * Psychology Forms Filler
   * Client Progress Accelerator
   * Library of Tools
 * Pricing
   
 * Resources
   * Blog
   * FAQ
   * From Our Members
     
 * Log In

 * Features
   * Virtual Counseling Room
   * Psychology Forms Filler
   * Client Progress Accelerator
   * Library of Tools
 * Pricing
   
 * Resources
   * Blog
   * FAQ
   * From Our Members
     
 * Log In



Please enable JavaScript in your browser to complete this form.
Name *
First
Last
Username *
Email *
Email
Confirm Email
Length of Subscription
 * Monthly $49.95/month - renews automatically (After 14 day free trial)
 * Yearly $499/year - renews automatically (After 14 day free trial)

Terms of Service *
 * I have read and agree to the Terms of Service below






TERMS AND CONDITIONS



BY ACCESSING, USING THE SOFTWARE, AND/OR SIGNIFYING YOUR ACCEPTANCE TO THESE
TERMS OF SERVICE, YOU AGREE TO THE TERMS OF THIS AGREEMENT AS AND/OR ON BEHALF
OF THE PERSON/ENTITY LISTED IN THE ACCOUNT CREATION, SIGN-UP, OR SIMILAR FORM
(“REGISTRATION FORM”), YOU REPRESENT AND WARRANT THAT YOU HAVE FULL AUTHORITY TO
BIND THE ACCOUNT OWNER AND THE PRACTICE TO THESE TERMS OF SERVICE. IF YOU DO NOT
AGREE TO THESE TERMS OF SERVICE AND DO NOT HAVE THE AUTHORITY AS PROVIDED
HEREIN, YOU MAY NOT AND SHALL NOT ACCESS OR USE THE SERVICE (AS DEFINED IN THESE
TERMS OF SERVICE).


THESE TERMS OF SERVICE APPLY TO YOUR USE DURING ANY TRIAL PERIOD AS WELL AS
CONTINUED USE SUBSEQUENT TO THE TRIAL PERIOD.





THESE TERMS OF SERVICE (“AGREEMENT” OR “TERMS OF SERVICE”) ARE A BINDING
CONTRACT BETWEEN THE ACCOUNT OWNER(S) (AS DEFINED BELOW) (REFERRED TO HEREIN AS
“ACCOUNT OWNER,” “YOU,” “YOU,” “YOUR,” OR “YOUR”) AND BETWEEN SESSIONS
RESOURCES, INC. (REFERRED TO HEREIN AS “BETWEEN SESSIONS” OR “US” OR “WE”). THE
TERMS OF SERVICE SHALL GOVERN YOUR USE OF THE SERVICE, AND YOUR RIGHTS AND
OBLIGATIONS WITH RESPECT TO USER DATA THAT IS PLACED IN THE SERVICE, AND
ASSOCIATED INTELLECTUAL PROPERTY RIGHTS THERETO, AS WELL AS YOUR CREATION OF AN
ACCOUNT THROUGH WHICH YOU WILL ACCESS THE SERVICE (HEREINAFTER AN “ACCOUNT”) FOR
USE IN CONNECTION WITH THE SERVICE. BY ACCESSING, USING, SUBSCRIBING,
PURCHASING, OR DOWNLOADING THE SERVICE, OR ANY GOODS, MATERIALS, OR CONTENT FROM
THE WEBSITE, YOU AGREE TO, AND ENSURE THAT ALL WHO ACCESS THE SERVICE THROUGH
YOUR ACCOUNT, FOLLOW AND BE BOUND BY THE FOLLOWING TERMS AND CONDITIONS AND ANY
OTHER TERMS AND CONDITIONS EMBODIED IN ANY OTHER AGREEMENTS YOU ENTER INTO WITH
US. IF YOU DO NOT AGREE WITH THE TERMS OF SERVICE, NEITHER YOU NOR THE TEAM
MEMBERS MAY USE THE WEBSITE OR THE SERVICE.





NOTICE OF ARBITRATION AGREEMENT AND CLASS ACTION WAIVER: THIS AGREEMENT INCLUDES
A BINDING ARBITRATION CLAUSE AND A CLASS ACTION WAIVER, SET FORTH BELOW, WHICH
AFFECTS YOUR RIGHTS ABOUT RESOLVING ANY DISPUTE WITH US. PLEASE READ IT
CAREFULLY.


THESE TERMS OF SERVICE APPLY TO YOU AND ANY TEAM MEMBERS THAT USE THE SERVICE.
THE ACCOUNT OWNER MANIFESTS AGREEMENT TO THESE TERMS OF SERVICE BY ANY ACT
DEMONSTRATING YOUR ASSENT THERETO, INCLUDING CLICKING ANY BUTTON CONTAINING THE
WORDS “I AGREE,” “START MY FREE TRIAL,” “JOIN MY TEAM,” “CREATE MY ACCOUNT,” OR
SIMILAR SYNTAX, BY ACCESSING THE WEBSITE, BY ESTABLISHING AN ACCOUNT, OR USING
THE SERVICE, WHETHER YOU HAVE READ THESE TERMS OF SERVICE OR NOT. BY CLICKING
ANY SUCH BUTTON OR OTHERWISE INDICATING YOUR ASSENT AND AGREEMENT TO THESE TERMS
OF SERVICE. YOU SHOULD PRINT A COPY OF THESE TERMS OF SERVICE FOR YOUR BUSINESS
AND PERSONAL RECORDS.


THESE TERMS OF SERVICE MAY BE MODIFIED BY BETWEEN SESSIONS RESOURCES AT ANY
TIME. BY CONTINUING TO ACCESS OR USE THE SERVICE AFTER THE EFFECTIVE DATE OF ANY
SUCH CHANGE, YOU AGREE TO BE BOUND BY THE MODIFIED TERMS OF SERVICE.


DEFINITIONS


   
   
 * 
   
   
   “ACCOUNT OWNER” MEANS THE INDIVIDUAL WHO ESTABLISHES THE ACCOUNT, THE
   PRACTICE, THE OWNER OF THE PRACTICE, AND ANY OTHER ENTITY AND/OR PERSON IN
   WHOSE NAME THE ACCOUNT IS ESTABLISHED, ALL OF WHOM ARE AGREED TO BE JOINTLY
   AND SEVERALLY OBLIGATED UNDER THESE TERMS OF SERVICE. THE ACCOUNT OWNER IS
   RESPONSIBLE FOR THE OBLIGATIONS AND ACTIVITIES UNDER THE ACCOUNT AS WELL AS
   THE OBLIGATIONS AND ACTIVITIES OF ALL USERS AND TEAM MEMBERS WITHIN THE
   ACCOUNT (INCLUDING WITHOUT LIMITATION PAYMENT FOR THE ACCOUNT AND DELETION OF
   THE ACCOUNT). THE USE OF THE PHRASE “ACCOUNT OWNER” IN THE SINGULAR SHALL
   ALSO MEAN USE IN THE PLURAL.
   

   
   
 * 
   
   
   “CONTENT” MEANS ALL TOOLS PROVIDED TO MEMBERS OF THE BETWEENSESSIONS.COM
   WEBSITE.
   

   
   
 * 
   
   
   “DISPUTE” WILL HAVE THE BROADEST MEANING POSSIBLE AND MEANS ANY DISPUTE,
   ACTION, OR OTHER CONTROVERSY BETWEEN YOU AND BETWEEN SESSIONS RELATING TO THE
   SERVICE, ANY TRANSACTION OR RELATIONSHIP BETWEEN YOU AND BETWEEN SESSIONS
   RESULTING FROM YOUR USE OF THE SERVICE, COMMUNICATIONS BETWEEN YOU AND
   BETWEEN SESSIONS, OR THIS AGREEMENT – WHETHER IN CONTRACT, WARRANTY, TORT,
   LAWS, OR REGULATIONS.
   

   
   
 * 
   
   
   “HIPAA” MEANS THE HEALTH INSURANCE PORTABILITY AND ACCOUNTABILITY ACT OF
   1996, THE HEALTH INFORMATION TECHNOLOGY FOR ECONOMIC AND CLINICAL HEALTH ACT,
   AND THEIR IMPLEMENTING REGULATIONS AS AMENDED FROM TIME TO TIME.
   

   
   
 * 
   
   
   “INTELLECTUAL PROPERTY RIGHTS” MEANS COPYRIGHTS, TRADEMARKS, SERVICE MARKS,
   TRADE DRESS, PUBLICITY RIGHTS, DATABASE RIGHTS, PATENT RIGHTS, AND OTHER
   INTELLECTUAL PROPERTY RIGHTS OR PROPRIETARY RIGHTS RECOGNIZED BY LAW.
   

   
   
 * 
   
   
   “PAYMENT DATA” MEANS ANY PERSONAL OR FINANCIAL INFORMATION COLLECTED FROM A
   CREDIT CARD, DEBIT CARD, OR OTHER PAYMENT METHOD, INCLUDING BUT NOT LIMITED
   TO A CARDHOLDER’S ACCOUNT NUMBER, CARD EXPIRATION DATE, SECURITY CODE, AND
   BILLING ADDRESS.
   

   
   
 * 
   
   
   “SERVERS” ARE COMPUTERS OR DEVICES THAT HOST THE SERVICE.
   

   
   
 * 
   
   
   “SERVICE” MEANS BETWEEN SESSION’S TECHNOLOGY AND SOFTWARE PLATFORMS AVAILABLE
   ON THE WEBSITES AND ANY AFFILIATED SUB-DOMAINS AND MOBILE APPLICATIONS AND
   SITES, SOFTWARE, AND SERVERS.
   

   
   
 * 
   
   
   “BETWEEN SESSIONS SOFTWARE” OR “SOFTWARE” IS THE SOFTWARE PROVIDED TO YOU BY
   BETWEEN SESSIONS AND/OR ITS SUPPLIERS UNDER LICENSE OR WITH RESPECT TO WHICH
   YOU HAVE ACCESS, IN CONNECTION WITH THE SERVICE.
   

   
   
 * 
   
   
   “TEAM MEMBER” MEANS ACCOUNT OWNER’S STAFF, CONTRACTORS, ADMINISTRATORS, OR
   OTHER SERVICE PROVIDERS WHO ARE GRANTED ACCESS TO THE ACCOUNT WITH THE
   AUTHORIZATION OF THE ACCOUNT OWNER.
   

   
   
 * 
   
   
   “TRANSACTION DATA” MEANS CUSTOMER INFORMATION, USER DATA, PAYMENT DATA,
   TRANSACTION INFORMATION, BANK INFORMATION, AND CREDIT CARD INFORMATION
   INCLUDING WITHOUT LIMITATION TOKENIZED ACCOUNT INFORMATION, TOKENS AND TOKEN
   ACCESS CODES, ACCOUNT INFORMATION OR OTHER DATA OR INFORMATION OF ANY KIND
   THAT IS PROVIDED BY OR GENERATED OR COLLECTED ON YOUR BEHALF, OR YOUR
   PATIENTS OR CLIENTS BY THE SERVICE.
   

   
   
 * 
   
   
   “USER(S)” MEANS THE ACCOUNT OWNER(S), TEAM MEMBER, AND/OR THE ACCOUNT
   OWNER(S)’ OR TEAM MEMBER’S CLIENTS, CUSTOMERS, OR PATIENTS.
   

   
   
 * 
   
   
   “WEBSITE” MEANS THE WEBSITES AND SERVICES AVAILABLE FROM THE DOMAIN AND
   SUB-DOMAINS OF BETWEEN SESSIONS.
   

   
   





BY ACCEPTING THESE TERMS OF SERVICE IN CONNECTION WITH AN ACCOUNT, THE PERSON
ACKNOWLEDGING AGREEMENT OR ASSENTING TO THESE TERMS OF SERVICE REPRESENTS THAT
THEY ARE AT LEAST 18 YEARS OF AGE, OR THE LEGAL AGE OF MAJORITY WHERE IN THE
PLACE OF RESIDENCE IF THAT JURISDICTION HAS AN OLDER AGE OF MAJORITY AND HAS THE
LEGAL AUTHORITY TO CONTRACTUALLY AGREE TO THESE TERMS OF SERVICE ON BEHALF OF
THE ACCOUNT OWNER.


YOU ARE RESPONSIBLE FOR THE SECURITY OF ANY ACCOUNT VERIFICATION INFORMATION,
SUCH AS USER NAMES AND PASSWORDS, INCLUDING WITHOUT LIMITATION YOUR USERS’ USER
NAMES AND PASSWORD.


ESTABLISHING AN ACCOUNT


YOU MUST ESTABLISH AN ACCOUNT WITH BETWEEN SESSIONS TO USE THE SERVICE. YOU
AGREE TO PROVIDE ACCURATE, CURRENT, AND COMPLETE INFORMATION ABOUT YOU AND THE
INDIVIDUAL WHO ESTABLISHES THE ACCOUNT (“REGISTRATION DATA”) AS PROMPTED BY THE
REGISTRATION FORM AND AS REQUIRED TO BE ADDED IN THE “SETTINGS” OR OTHER PAGE ON
THE WEBSITE, AND TO USE THE ACCOUNT MANAGEMENT TOOLS PROVIDED TO KEEP YOUR
REGISTRATION DATA ACCURATE, CURRENT AND COMPLETE. BETWEEN SESSIONS WILL
DESIGNATE YOU AS THE ACCOUNT OWNER AND ASSIGN AN ACCOUNT NAME (YOUR “ACCOUNT
NAME”).


RESPONSIBILITY FOR USE OF ACCOUNT


YOU, AS THE ACCOUNT OWNER, ARE RESPONSIBLE FOR ALL ACTIVITIES CONDUCTED THROUGH
YOUR ACCOUNT. IN THE EVENT THAT FRAUD, VIOLATION OF LAW, REGULATION OR RULE, OR
CONDUCT THAT VIOLATES THESE TERMS OF SERVICE OCCURS (WHETHER BY YOU OR SOMEONE
ELSE) THAT IS IN ANY WAY CONNECTED WITH YOUR ACCOUNT, WE MAY SUSPEND OR
TERMINATE YOUR USE OF THE SERVICE AND YOUR ACCOUNT AS DESCRIBED IN SECTION 25
AND YOU SHALL BE FINANCIALLY RESPONSIBLE TO BETWEEN SESSIONS FOR THE
CONSEQUENCES OF SUCH USE.


SELECTION AND USE OF ACCOUNT PASSWORD


AT THE TIME YOUR ACCOUNT IS CREATED, YOU MUST SELECT A PASSWORD. YOU ARE
RESPONSIBLE FOR MAINTAINING THE CONFIDENTIALITY OF YOUR PASSWORD AND YOU ARE
RESPONSIBLE FOR ANY DAMAGES, CLAIMS, LOSSES, OR OTHER HARM RESULTING FROM YOUR
DISCLOSURE OF YOUR PASSWORD, AUTHORIZATION OF THE DISCLOSURE OF YOUR PASSWORD,
OR ANY PERSON’S USE OF YOUR PASSWORD OR YOUR ACCOUNT AND THOSE WHO GAIN ACCESS
TO YOUR ACCOUNT OR ACCOUNT NAME. AT NO TIME SHOULD YOU RESPOND TO AN ONLINE
REQUEST FOR A PASSWORD OTHER THAN IN CONNECTION WITH THE LOG-ON PROCESS TO THE
SERVICE. YOUR DISCLOSURE OF YOUR PASSWORD TO ANY OTHER PERSON IS AT YOUR OWN
RISK.


FEES AND BILLING


BETWEEN SESSIONS RESOURCES PROVIDES THE SERVICE FOR THE FEES AND OTHER CHARGES
SET FORTH ON THE WEBSITE. ALL PRICES LISTED EXCLUDE ALL SALES TAXES, FEES, USE
TAXES, CHARGES, DUTIES, LEVIES, AND SIMILAR GOVERNMENTAL CHARGES (“SALES TAXES”)
IMPOSED ON THE PROVISION OF THE SERVICE AND ALL SUCH SALES TAXES SHALL BE BORNE
SOLELY BY AND PAID BY THE ACCOUNT OWNER TO BETWEEN SESSIONS RESOURCES AND DEEMED
TO BE IN ADDITION TO THE FEES CHARGED IN CONNECTION WITH THE SERVICE. WHERE
APPLICABLE, ACCOUNT OWNER SHALL BE RESPONSIBLE FOR ALL SALES TAXES AND BETWEEN
SESSIONS RESOURCES RESERVES THE RIGHT TO COLLECT SALES TAXES RETROACTIVELY. WE
MAY, AT ANY TIME, ADD NEW SERVICES FOR ADDITIONAL FEES AND CHARGES, OR
PROSPECTIVELY MODIFY FEES AND CHARGES FOR EXISTING SERVICES (INCLUDING
PROSPECTIVELY CHARGING FEES FOR THE SERVICE NOT PREVIOUSLY CHARGED FOR) ON
NOTICE AS PROVIDED HEREIN. YOU ACKNOWLEDGE THAT IT IS YOUR RESPONSIBILITY TO
ENSURE PAYMENT IN ADVANCE FOR ALL PAID ASPECTS OF THE SERVICE, AND TO ENSURE
THAT YOUR CREDIT OR DEBIT CARDS OR OTHER PAYMENT INSTRUMENTS ACCEPTED BY BETWEEN
SESSIONS RESOURCES AND/OR ITS PROCESSOR, CONTINUE TO BE VALID AND SUFFICIENT FOR
SUCH PURPOSES. WE MAY SUSPEND OR TERMINATE YOUR USE AND YOUR ACCOUNT’S USE, AS
PROVIDED IN SECTION 25, IN THE EVENT OF ANY PAYMENT DELINQUENCY. OTHER SERVICES
ARE AVAILABLE FROM BETWEEN SESSIONS RESOURCES AND THE AGREEMENT WITH RESPECT TO
THOSE SERVICES AND FEES DUE TO BETWEEN SESSIONS RESOURCES INCORPORATE BY
REFERENCE THESE TERMS OF SERVICE AS WELL AS ANY SPECIFIC TERMS AND CONDITIONS
PRESENTED TO YOU. YOU WILL NOT BE ENTITLED TO ANY REFUND ON TERMINATION OR
EXPIRATION OF THE AGREEMENT. ALL PAYMENTS ONCE MADE TO BETWEEN SESSIONS
RESOURCES SHALL HAVE BEEN EARNED BY BETWEEN SESSIONS RESOURCES AS OF THE DATE OF
PAYMENT. YOU WILL NOT BE ENTITLED TO ANY REFUND FOR THE PARTIAL USE OF THE
SERVICE OR CREDITS AT ANY TIME.





MODIFICATION OF SERVICE


BETWEEN SESSIONS RESOURCES RESERVES THE RIGHT TO ADD, MODIFY, DISCONTINUE, OR
ELIMINATE ASPECT(S), FEATURES, OR FUNCTIONALITY OF THE SERVICE FROM TIME TO TIME
FOR ANY REASON INCLUDING WITHOUT LIMITATION FOR PURPOSES OF COMPLIANCE WITH
APPLICABLE LAWS AND REGULATIONS, TO EFFECT IMPROVEMENTS IN SECURITY AND
FUNCTIONALITY, TO CORRECT ERRORS, OR FOR ANY OTHER PURPOSES, AT ITS SOLE
DISCRETION.


PRIVACY POLICY, PROTECTED HEALTH INFORMATION, USER DATA AND USE OF YOUR
INFORMATION, EMAIL, DATA DELETION ON TERMINATION


OUR PRIVACY POLICY DESCRIBES HOW WE USE AND SHARE PERSONAL INFORMATION (AS SUCH
TERM IS DEFINED IN THE PRIVACY POLICY), INCLUDING  ANY PAYMENT DATA OR
REGISTRATION DATA YOU PROVIDE, OR OTHER PERSONAL INFORMATION WE RECEIVE WHEN YOU
SUBMIT AN INQUIRY OR REQUEST FURTHER INFORMATION, OR RECEIVE UPDATES AND
PROMOTIONS ABOUT OR RELATED TO THE SERVICE.  OUR PRIVACY POLICY DOES NOT APPLY
TO ANY PERSONAL INFORMATION CONTAINED WITHIN USER DATA THAT WE COLLECT AND
PROCESS ONLY ON YOUR BEHALF WHEN WE PROVIDE THE SERVICE.





IN PROVIDING YOU OUR SERVICE, BETWEEN SESSIONS RESOURCES WILL NOT SELL ANY
PERSONAL INFORMATION CONTAINED IN USER DATA. BETWEEN SESSIONS RESOURCES WILL NOT
RETAIN, USE, OR DISCLOSE THE PERSONAL INFORMATION YOU PROVIDE TO US ABOUT YOUR
PATIENTS AND CLIENTS EXCEPT FOR THE SPECIFIC PURPOSE OF PERFORMING OUR
OBLIGATIONS UNDER THESE TERMS OF SERVICE, INCLUDING PROVIDING AND IMPROVING THE
SERVICE UNDER THESE TERMS OF SERVICE, NOR WILL BETWEEN SESSIONS RESOURCES
RETAIN, USE, OR DISCLOSE PERSONAL INFORMATION ABOUT YOUR PATIENTS AND CLIENTS
OUTSIDE OF OUR DIRECT BUSINESS OR CONTRACTUAL RELATIONSHIP WITH YOU OR THE LEGAL
ENTITY UNDER WHICH YOU PRACTICE OR ARE EMPLOYED.


WE WILL MAKE NO USE OF PHI THAT IS NOT PERMITTED BY THESE TERMS OF SERVICE, THE
BAA (AS DEFINED BELOW), OR THAT IS PROHIBITED BY APPLICABLE LAW, INCLUDING BUT
NOT LIMITED TO HIPAA.


IT IS YOUR RESPONSIBILITY TO COMPLY WITH ALL APPLICABLE PRIVACY AND DATA
PROTECTION LAWS AND TO ENSURE THAT YOU HAVE PROVIDED ALL REQUIRED NOTICES AND
OBTAINED ALL NECESSARY CONSENTS (INCLUDING WITH RESPECT TO THIRD PARTIES’
ACCESS) FROM YOUR USERS, PATIENTS AND CLIENTS, AND THAT THE USER (INCLUDING
WITHOUT LIMITATION YOUR PATIENTS AND YOUR CLIENTS) HAVE AGREED TO THE COLLECTION
OF THEIR USER DATA (INCLUDING PHI) AND THE ACCESS OF THEIR USER DATA BY YOU, BY
US, AND, WHERE APPLICABLE, OTHER THIRD PARTIES. ANY SAMPLE DOCUMENTATION THAT IS
PROVIDED BY BETWEEN SESSIONS RESOURCES FOR OBTAINING CONSENT OR OTHER
INFORMATION FROM USERS IS FOR ILLUSTRATION ONLY, AND YOU ALONE (AND NOT BETWEEN
SESSIONS RESOURCES) ARE RESPONSIBLE TO ENSURE THAT SUCH DOCUMENTATION IS
ADEQUATE AND ENFORCEABLE. BETWEEN SESSIONS RESOURCES DOES NOT PROVIDE LEGAL OR
COMPLIANCE ADVICE AND YOU ARE RESPONSIBLE FOR RETAINING COMPETENT COUNSEL AND
ADVISORS FOR THESE PURPOSES.


IN THE EVENT THAT WE RECEIVE A SUBPOENA, COURT ORDER, OR OTHER LEGAL REQUEST
COMPELLING THE DISCLOSURE OF ANY OF YOUR PATIENTS’ OR CLIENTS’ USER DATA
(INCLUDING PHI) OR ANY OF YOUR DATA OR INFORMATION OR ANY USER DATA, WE WILL
NOTIFY YOU OF THE EXISTENCE OF SUCH SUBPOENA, COURT ORDER, OR OTHER LEGAL
REQUEST PRIOR TO DISCLOSING THE PHI OR OTHER DATA OR INFORMATION OR ANY USER
DATA, UNLESS ORDERED TO NOT DO SO BY A COURT OF COMPETENT JURISDICTION,
REQUESTED NOT TO DO SO BY LAW ENFORCEMENT, OR UNLESS OUR LEGAL COUNSEL ADVISES
US THAT PRIOR NOTIFICATION IS NOT REQUIRED OR IN VIOLATION OF APPLICABLE LAW


IN THE EVENT OF TERMINATION OF THIS AGREEMENT, WHETHER BY YOUR CANCELLATION OF
THE AGREEMENT, YOUR BREACH OF, OR AS OTHERWISE PROVIDED IN THESE TERMS OF
SERVICE, THERE IS AN EXPORT FEATURE IN THE SERVICE WHICH WILL ENABLE YOU TO
RETRIEVE YOUR USER DATA CONTAINED WITHIN THE SERVICE PRIOR TO THE ACCOUNT
TERMINATION DATE. IT IS YOUR SOLE RESPONSIBILITY TO EXPORT FROM YOUR ACCOUNT A
FILE OR FILES CONTAINING THE USER DATA CONTAINED WITHIN THE SERVICE BEFORE THE
ACCOUNT TERMINATION DATE AND TO ENSURE THE SECURE PRESERVATION OF USER DATA
(INCLUDING PHI) FOR YOUR CLIENTS AND PATIENTS PURSUANT TO FEDERAL AND STATE LAW.
BETWEEN SESSIONS RESOURCES WILL DESTROY THE USER DATA FOR YOUR ACCOUNT AS
PROVIDED IN SECTION 25 OF THESE TERMS OF SERVICE.


NO RESPONSIBILITY FOR ACTS OF OMISSIONS OF THIRD-PARTY WEBSITES


THE SERVICE MAY CONTAIN LINKS TO, OR OTHERWISE ALLOW CONNECTIONS TO THIRD-PARTY
WEBSITES, SERVERS, AND ONLINE SERVICES OR ENVIRONMENTS THAT ARE NOT OWNED OR
CONTROLLED BY BETWEEN SESSIONS RESOURCES. YOU AGREE THAT BETWEEN SESSIONS
RESOURCES IS NOT RESPONSIBLE OR LIABLE FOR THE CONTENT, POLICIES, OR PRACTICES
OF ANY THIRD-PARTY WEBSITES, SERVERS, OR ONLINE SERVICES OR ENVIRONMENTS. PLEASE
CONSULT ANY APPLICABLE TERMS OF USE AND PRIVACY POLICIES PROVIDED BY THE THIRD
PARTY FOR SUCH WEBSITES, SERVERS, OR ONLINE SERVICES OR ENVIRONMENTS.


YOUR RIGHTS AND OBLIGATIONS WITH RESPECT TO USER DATA


IN CONNECTION WITH USER DATA YOU UPLOAD OR SUBMIT TO OR WHICH IS CREATED BY THE
SERVICE, YOU AFFIRM, REPRESENT, AND WARRANT THAT YOU OWN OR HAVE ALL NECESSARY
INTELLECTUAL PROPERTY RIGHTS, LICENSES, CONSENTS, AND PERMISSIONS TO USE SUCH
DATA.


YOU ACKNOWLEDGE THAT YOU ARE RESPONSIBLE FOR ALL INFORMATION AND USER DATA YOU
AND THOSE WHO ARE UNDER THE ACCOUNT (INCLUDING WITHOUT LIMITATION CLIENTS,
PATIENTS, AND TEAM MEMBERS) INPUT INTO THE SERVICE, INCLUDING CHANGES MADE TO
CLIENT OR PATIENT PROGRESS NOTES, WHETHER PREVIOUSLY LOCKED OR UNLOCKED. YOU
HEREBY ACKNOWLEDGE THAT THE PRACTICE OF UNLOCKING ANY PREVIOUSLY LOCKED PROGRESS
NOTES MAY BE A VIOLATION BY YOU AND YOUR TEAM MEMBERS OF APPLICABLE PROFESSIONAL
STANDARDS AND /OR APPLICABLE LAW. YOU UNDERSTAND AND AGREE THAT YOU ARE BOUND BY
VARIOUS LAWS AND REGULATIONS, INCLUDING BUT NOT LIMITED TO HIPAA, WHICH REQUIRE
THAT YOU PRESERVE THE AVAILABILITY, ACCURACY, INTEGRITY, AND CONFIDENTIALITY OF
PHI AND PERSONALLY IDENTIFIABLE INFORMATION. YOU ALSO ACKNOWLEDGE AND AGREE THAT
ALL OF YOUR ACTIVITY WITHIN THE SERVICE IS AUTOMATICALLY LOGGED (INCLUDING INTO
AUDIT LOGS), INCLUDING THE UNLOCKING AND CHANGES TO THE PROGRESS NOTES, AND THAT
SUCH ACTIVITY MAY BE AUDITED BY ACCOUNT OWNERS, ACCOUNT ADMINISTRATORS,
REGULATORS, OR OTHERS.


PERMISSION TO USE COPYRIGHTED MATERIAL


THE COMPANY GIVES PERMISSION FOR MEMBERS TO USE MATERIALS OBTAINED ON THE SITE
FOR PERSONAL OR PROFESSIONAL USE. THIS INCLUDES THE POSTING OF SUCH MATERIAL ON
THE MEMBER’S WEBSITE OR SOCIAL MEDIA POSTS. THE COPYRIGHT OF THE COMPANY CANNOT
BE REMOVED. THE MEMBER DOES NOT GIVE PERMISSION FOR USING BETWEEN SESSIONS TOOLS
IN ANY COMMERCIAL WAY WHATSOEVER, INCLUDING RESELLING THE TOOLS.


INTERRUPTION OF SERVICE


BETWEEN SESSIONS MAY ON OCCASION NEED TO INTERRUPT OR SUSPEND THE SERVICE, WITH
OR WITHOUT PRIOR NOTICE, TO PROTECT THE INTEGRITY OR FUNCTIONALITY OF THE
SERVICE OR FOR MAINTENANCE PURPOSES. YOU AGREE THAT BETWEENSESSIONS IS NOT
LIABLE FOR ANY INTERRUPTION OR SUSPENSION OF THE SERVICE (WHETHER INTENTIONAL OR
NOT), AND YOU UNDERSTAND THAT NEITHER YOU NOR ANY TEAM MEMBERS OF USERS WILL BE
ENTITLED TO ANY REFUNDS OF FEES OR OTHER COMPENSATION FOR INTERRUPTION OR
SUSPENSION OF SERVICE. LIKEWISE, YOU AGREE THAT IN THE EVENT OF LOSS OF ANY USER
DATA, WE WILL NOT BE LIABLE FOR ANY PURPORTED DAMAGE OR HARM ARISING THEREFROM.


BETWEENSESSIONS INTELLECTUAL PROPERTY RIGHTS AND LIMITED LICENSE GRANTED TO YOU


INTELLECTUAL PROPERTY RIGHTS. BETWEEN SESSIONS OWNS INTELLECTUAL PROPERTY RIGHTS
IN AND TO THE SERVICE, EXCEPT USER DATA, INCLUDING THE BETWEEN SESSIONS
SOFTWARE, THE WEBSITES, AND THE SERVERS, AND IN AND TO OUR TRADEMARKS, SERVICE
MARKS, TRADE NAMES, LOGOS, DOMAIN NAMES, TAGLINES, AND TRADE DRESS
(COLLECTIVELY, THE “BETWEEN SESSIONS MARKS”). YOU UNDERSTAND THAT SUCH
INTELLECTUAL PROPERTY RIGHTS ARE APART FROM ANY RIGHTS YOU MAY HAVE IN USER DATA
YOU UPLOAD OR SUBMIT TO THE SERVICE, AS DISCUSSED ABOVE. YOU ACKNOWLEDGE AND
AGREE THAT BETWEEN SESSIONS AND ITS LICENSORS OWN ALL RIGHT, TITLE, AND INTEREST
IN AND TO THE SERVICE, INCLUDING ALL INTELLECTUAL PROPERTY RIGHTS THEREIN, OTHER
THAN WITH RESPECT TO USER DATA. EXCEPT AS EXPRESSLY GRANTED IN THIS AGREEMENT,
ALL RIGHTS, TITLE, AND INTEREST IN AND TO THE SERVICE, EXCEPT ALL USER DATA, AND
IN AND TO THE BETWEEN SESSIONS MARKS ARE RESERVED BY BETWEEN SESSIONS.
COPYRIGHT, TRADEMARK, AND OTHER LAWS OF THE UNITED STATES AND FOREIGN COUNTRIES
PROTECT THE SERVICE AND THE BETWEEN SESSIONS MARKS.


LIMITED LICENSE. BETWEENSESSIONS HEREBY GRANTS YOU A NON-EXCLUSIVE,
NON-TRANSFERABLE, NON-SUBLICENSABLE, LIMITED, REVOCABLE LICENSE TO ACCESS AND
USE THE SERVICE SPECIFICALLY AS SET FORTH IN THESE TERMS OF SERVICE AND
EXPRESSLY CONDITIONED UPON YOU AND YOUR ACCOUNT REMAINING ACTIVE, IN GOOD
STANDING, AND IN FULL COMPLIANCE WITH THESE TERMS OF SERVICE. YOU AGREE THAT YOU
WILL NOT (I) ALLOW ANY PERSON OR ENTITY NOT AUTHORIZED BY BETWEEN SESSIONS TO
USE OR ACCESS THE SOFTWARE, (II) ATTEMPT TO COPY ANY IDEAS, FEATURES, FUNCTIONS,
OR GRAPHICS CONTAINED IN THE SERVICE; (III) USE THE BETWEEN SESSIONS SOFTWARE IN
THE OPERATION OF A SERVICE BUREAU, AN APPLICATION SERVICE PROVIDER, OR FOR ANY
OTHER PURPOSE INTENDED TO BENEFIT A PARTY OTHER THAN YOU, (IV) ALTER OR MODIFY
THE BETWEEN SESSIONS SOFTWARE, (V) SELL, ASSIGN, SUBLICENSE, RENT, LEASE, OR
OTHERWISE TRANSFER THE BETWEENSESSIONS SOFTWARE OR ANY RIGHTS IN CONNECTION
THEREWITH, OR (VI) ATTEMPT TO TRANSLATE, DISASSEMBLE, DECOMPILE, REVERSE
ASSEMBLE, REVERSE ENGINEER ALL OR ANY PART OF THE SERVICE OR OTHERWISE ATTEMPT
TO DERIVE THE SOURCE CODE FOR THE SOFTWARE.


FEEDBACK AND OTHER INPUT. YOU MAY PROVIDE SUGGESTIONS, IDEAS, AND/OR FEEDBACK
(COLLECTIVELY, “FEEDBACK”) TO BETWEEN SESSIONS OR IN THE USE OF THE SERVICE OR
WEBSITE REGARDING BETWEEN SESSIONS ACTIVE WEBSITE, PRODUCTS OR SERVICE. YOU
AGREE THAT BETWEEN SESSIONS WILL BE FREE TO USE, IRREVOCABLY, IN PERPETUITY, AND
FOR ANY PURPOSE, ALL FEEDBACK PROVIDED TO IT BY YOU OR OUR TEAM MEMBERS AND THAT
ALL RIGHT TITLE AND INTEREST IN FEEDBACK IS ASSIGNED TO BETWEEN SESSIONS. THE
FOREGOING GRANT OF RIGHTS IS MADE WITHOUT ANY DUTY TO ACCOUNT TO YOU OR TO ANY
OF THE FOREGOING PERSONS OR ENTITIES FOR THE USE OF SUCH FEEDBACK.





BY ACCESSING OR USING THE SERVICE, YOU CONSENT TO THE PROCESSING, TRANSFER, AND
STORAGE OF INFORMATION ABOUT YOU AND USERS IN AND TO THE UNITED STATES AND OTHER
COUNTRIES, WHERE USERS MAY NOT HAVE THE SAME RIGHTS AND PROTECTIONS AS PROVIDED
UNDER LOCAL LAW


VIOLATION OF TERMS OF SERVICE


ANY VIOLATION BY YOU, YOUR TEAM MEMBERS, OR USERS OF THESE TERMS OF SERVICE MAY
RESULT IN IMMEDIATE SUSPENSION OR TERMINATION OF YOUR ACCOUNT WITHOUT ANY REFUND
OR OTHER COMPENSATION AT BETWEEN SESSIONS OPTION.


RELEASES


YOU AGREE NOT TO HOLD BETWEEN SESSIONS LIABLE FOR THE CONTENT, ACTIONS, OR
INACTIONS OF YOU OR OTHER USERS OF THE SERVICE OR OF OTHER THIRD PARTIES. AS A
CONDITION OF ACCESS TO THE SERVICE, YOU RELEASE BETWEEN SESSIONS (AND ITS
OFFICERS, DIRECTORS, SHAREHOLDERS, AGENTS, SUBSIDIARIES, AND EMPLOYEES) FROM
CLAIMS, DEMANDS, LOSSES, LIABILITIES, AND DAMAGES (ACTUAL AND CONSEQUENTIAL) OF
EVERY KIND AND NATURE, KNOWN AND UNKNOWN, ARISING OUT OF OR IN ANY WAY CONNECTED
WITH ANY DISPUTE YOU HAVE OR CLAIM TO HAVE WITH ONE OR MORE OTHER USERS OF THE
SERVICE OR WITH OTHER THIRD PARTIES, INCLUDING WHETHER OR NOT BETWEEN SESSIONS
BECOMES INVOLVED IN ANY RESOLUTION OR ATTEMPTED RESOLUTION OF THE DISPUTE. IF
YOU ARE A CALIFORNIA RESIDENT, YOU WAIVE CALIFORNIA CIVIL CODE SECTION 1542 (AS
MAY BE AMENDED). THE STATUTE CURRENTLY PROVIDES: “A GENERAL RELEASE DOES NOT
EXTEND TO CLAIMS THAT THE CREDITOR OR THE RELEASING PARTY DOES NOT KNOW OR
SUSPECT TO EXIST IN HIS OR HER FAVOR AT THE TIME OF EXECUTING THE RELEASE AND
THAT, IF KNOWN BY HIM OR HER, WOULD HAVE MATERIALLY AFFECTED HIS OR HER
SETTLEMENT WITH THE DEBTOR OR RELEASE PARTY.” IF YOU ARE A RESIDENT OF ANOTHER
JURISDICTION, YOU WAIVE ANY COMPARABLE STATUTE OR DOCTRINE.


DISCLAIMER OF EXPRESS AND IMPLIED WARRANTIES


BETWEEN SESSIONS PROVIDES THE SERVICE, INCLUDING WITHOUT LIMITATION THE
SOFTWARE, THE WEBSITES, THE SERVERS, AND YOUR ACCOUNT, STRICTLY ON AN “AS IS”
BASIS, AND HEREBY EXPRESSLY DISCLAIMS ALL WARRANTIES OR CONDITIONS OF ANY KIND,
WRITTEN OR ORAL, EXPRESS, IMPLIED OR STATUTORY, INCLUDING WITHOUT LIMITATION ANY
IMPLIED WARRANTY OF TITLE, NONINFRINGEMENT, MERCHANTABILITY, OR FITNESS FOR A
PARTICULAR PURPOSE. NO VALUE, EITHER EXPRESS OR IMPLIED, IS GUARANTEED OR
WARRANTED WITH RESPECT TO ANY CONTENT. NOTWITHSTANDING ANY INTELLECTUAL PROPERTY
RIGHTS YOU MAY HAVE IN YOUR USER DATA OR ANY EXPENDITURE ON YOUR PART, BETWEEN
SESSIONS AND YOU EXPRESSLY DISCLAIM ANY COMPENSABLE VALUE RELATING TO OR
ATTRIBUTABLE TO ANY DATA RELATING TO YOUR ACCOUNT RESIDING ON BETWEEN SESSIONS
SERVERS. YOU ASSUME ALL RISK OF LOSS FROM USING THE SERVICE ON THIS BASIS.
BETWEEN SESSIONS DOES NOT ENSURE CONTINUOUS, ERROR-FREE, SECURE, OR VIRUS-FREE
OPERATION OF THE SERVICE, THE SOFTWARE, THE WEBSITES, THE SERVERS, PROFESSIONAL
WEBSITE SERVICES, TELEHEALTH, OR YOUR ACCOUNT, AND YOU UNDERSTAND THAT YOU SHALL
NOT BE ENTITLED TO REFUNDS OR OTHER COMPENSATION BASED ON BETWEEN SESSIONS’
FAILURE TO PROVIDE ANY OF THE FOREGOING OTHER THAN AS EXPLICITLY PROVIDED IN
THIS AGREEMENT. SOME JURISDICTIONS DO NOT ALLOW THE DISCLAIMER OF IMPLIED
WARRANTIES, AND TO THAT EXTENT, THE FOREGOING DISCLAIMER MAY NOT APPLY TO YOU.


BETWEEN SESSIONS DOES NOT GUARANTEE THAT BY MERE USE OF THE SOFTWARE YOU WILL BE
IN COMPLIANCE WITH HIPAA OR OTHER APPLICABLE LAW, AND YOU UNDERSTAND AND AGREE
THAT YOU ARE RESPONSIBLE FOR MAINTAINING ADMINISTRATIVE, TECHNICAL, AND PHYSICAL
SAFEGUARDS NECESSARY TO ENSURE THE CONFIDENTIALITY, AVAILABILITY, AND INTEGRITY
WITH RESPECT TO YOUR PHI AND TO OTHERWISE COMPLY WITH HIPAA AND OTHER APPLICABLE
LAW.


LIMITATION OF LIABILITY


IN NO EVENT SHALL BETWEEN SESSIONS OR ANY OF ITS DIRECTORS, OFFICERS, EMPLOYEES,
EQUITY OWNERS, MANAGERS, SUBSIDIARIES, AGENTS, OR LICENSORS BE LIABLE TO YOU OR
TO ANY THIRD PARTY FOR ANY SPECIAL, INCIDENTAL, INDIRECT, CONSEQUENTIAL,
RELIANCE, PUNITIVE, OR EXEMPLARY DAMAGES OR DISGORGEMENT OR COMPARABLE EQUITABLE
REMEDY, INCLUDING WITHOUT LIMITATION ANY DAMAGES FOR LOST DATA OR LOST PROFITS,
ARISING (WHETHER IN CONTRACT, TORT, STRICT LIABILITY, OR OTHERWISE) OUT OF OR IN
CONNECTION WITH THE SERVICE (INCLUDING ITS MODIFICATION OR TERMINATION), THE
BETWEEN SESSIONS SOFTWARE, THE WEBSITES, THE SERVERS, YOUR ACCOUNT (INCLUDING
ITS TERMINATION OR SUSPENSION) OR THIS AGREEMENT, WHETHER OR NOT BETWEEN
SESSIONS MAY HAVE BEEN ADVISED THAT ANY SUCH DAMAGES MIGHT OR COULD OCCUR AND
NOTWITHSTANDING THE FAILURE OF ESSENTIAL PURPOSE OF ANY REMEDY. IN NO EVENT WILL
BETWEEN SESSIONS’ CUMULATIVE LIABILITY TO YOU EXCEED THE GREATER OF ONE HUNDRED
FIFTY DOLLARS (U.S. $150.00). SOME JURISDICTIONS DO NOT ALLOW THE FOREGOING
LIMITATIONS OF LIABILITY, SO TO THE EXTENT THAT ANY SUCH LIMITATION IS FOUND TO
BE IMPERMISSIBLE, SUCH LIMITATION MAY NOT APPLY TO YOU.


INDEMNIFICATION


AT BETWEEN SESSIONS’ REQUEST, YOU AGREE TO DEFEND, INDEMNIFY, AND/OR HOLD
HARMLESS BETWEEN SESSIONS, ITS OFFICERS, DIRECTORS, SHAREHOLDERS, EMPLOYEES,
SUBSIDIARIES, AND AGENTS FROM ALL DAMAGES, LIABILITIES, CLAIMS, AND EXPENSES,
INCLUDING WITHOUT LIMITATION ATTORNEYS’ FEES AND COSTS, ARISING FROM: (I) ANY
BREACH OR ALLEGED BREACH BY YOU OR YOUR TEAM MEMBERS OR USERS OF THESE TERMS OF
SERVICE, INCLUDING WITHOUT LIMITATION YOUR REPRESENTATIONS AND WARRANTIES
RELATING TO YOUR DATA, USER DATA; (II) CLAIMS, LOSSES, AND CAUSES OF ACTION
ASSERTED BY ANY USERS (INCLUDING WITHOUT LIMITATION YOUR CLIENTS OR PATIENTS;
(II) USE OF THE BETWEEN SESSIONS  OR YOUR ACTS, OMISSIONS, OR USE OF THE
SERVICE, INCLUDING WITHOUT LIMITATION YOUR NEGLIGENT, WILLFUL, OR ILLEGAL
CONDUCT. IN ANY MATTER IN WHICH YOU HAVE AGREED TO INDEMNIFY BETWEEN SESSIONS,
WITHOUT THE EXPRESS WRITTEN CONSENT OF BETWEEN SESSIONS, YOU MAY NOT SETTLE ANY
MATTER OR ADMIT LIABILITY IF, UPON DOING SO, YOU ARE ADMITTING LIABILITY OR
FAULT ON THE PART OF BETWEEN SESSIONS. WE RESERVE THE RIGHT TO ASSUME THE
EXCLUSIVE DEFENSE AND CONTROL OF ANY MATTER OTHERWISE SUBJECT TO INDEMNIFICATION
BY YOU, AND IN SUCH CASE, YOU AGREE TO COOPERATE WITH OUR DEFENSE OF SUCH CLAIM.


SUSPENSION AND TERMINATION OF ACCOUNTS


YOU MAY TERMINATE THIS AGREEMENT BY CLOSING YOUR ACCOUNT AT ANY TIME FOR ANY
REASON. SUBJECT TO BETWEEN SESSIONS OBLIGATIONS PURSUANT TO SECTION 8, IN SUCH
EVENT, BETWEEN SESSIONS SHALL HAVE NO FURTHER OBLIGATION OR LIABILITY TO YOU
UNDER THIS AGREEMENT OR OTHERWISE. YOU MAY NOT SUSPEND YOUR OWN ACCOUNT. IF YOU
SUSPEND YOUR ACCOUNT, THEN THE ACCOUNT WILL BE DEEMED TERMINATED. BETWEEN
SESSIONS MAY SUSPEND OR TERMINATE YOUR ACCOUNT, WITHOUT NOTICE, FOR BREACH IF
YOU VIOLATE THIS AGREEMENT, OR ANY TERMS REGARDING PAYMENT OF REQUIRED FEES AND
CHARGES DUE UNDER THIS AGREEMENT. BETWEEN SESSIONS MAY, AT ITS SOLE DISCRETION,
PROVIDE YOU A GRACE PERIOD PRIOR TO TERMINATION, IN THE EVENT OF A BREACH OR
YOUR FAILURE TO PAY FEES AND CHARGES, WITHOUT WAIVING ITS RIGHTS HEREUNDER TO
TERMINATE IMMEDIATELY UPON SUCH EVENTS. WE MAY SUSPEND OR TERMINATE YOUR ACCOUNT
(OR THE ACCESS OF ANY TEAM MEMBER) IF WE DETERMINE IN OUR DISCRETION THAT SUCH
ACTION IS DESIRABLE FOR ANY REASON, OR ADVISABLE TO COMPLY WITH APPLICABLE LEGAL
REQUIREMENTS, OR TO PROTECT THE RIGHTS OR INTERESTS OF BETWEEN SESSIONS OR ANY
THIRD PARTY. UNDER NO CIRCUMSTANCES, WILL YOU WILL BE ENTITLED TO COMPENSATION
OR A REFUND FOR ANY INTERRUPTION, SUSPENSION, OR TERMINATION, AND YOU
ACKNOWLEDGE BETWEEN SESSIONS WILL HAVE NO LIABILITY TO YOU OR YOUR TEAM MEMBERS
OR USERS IN CONNECTION WITH ANY INTERRUPTION, SUSPENSION, OR TERMINATION.


TERMINATION OF LICENSES UPON TERMINATION OF ACCOUNT


UPON TERMINATION OF YOUR ACCOUNT, ALL LICENSES GRANTED BY BETWEEN SESSIONS TO
USE THE WEBSITE, SOFTWARE, AND THE SERVICE WILL AUTOMATICALLY TERMINATE, AND ALL
USER DATA IN YOUR ACCOUNT WILL BE RETAINED NO MORE THAN THIRTY (30) DAYS AFTER
TERMINATION OR EXPIRATION OF YOUR ACCOUNT OR THIS AGREEMENT, AND DELETED ON
EXPIRATION OF SUCH THIRTY (30) DAY TIME FRAME. YOU ARE RESPONSIBLE FOR EXPORTING
ALL ACCOUNT DATA AND ENSURING THE SECURE PRESERVATION OF PHI FOR YOUR CLIENTS
PURSUANT TO FEDERAL AND STATE LAW, AND ETHICAL REQUIREMENTS. DURING THE TIME
FRAME BEGINNING ON TERMINATION OR EXPIRATION OF YOUR ACCOUNT, YOUR ACCESS TO THE
SERVICE WILL BE LIMITED TO DOWNLOADING YOUR USER DATA.


LIABILITY FOR UNPAID FEES UPON TERMINATION OF ACCOUNT


UPON TERMINATION BY YOU OR BY BETWEEN SESSIONS OF YOUR ACCOUNT, YOU WILL NOT
RECEIVE ANY REFUND OF ANY AMOUNTS PREVIOUSLY PAID AND YOU WILL REMAIN LIABLE FOR
ANY CHARGES INCURRED OR UNPAID AMOUNTS OWED BY YOU TO BETWEEN SESSIONS.


DISPUTE RESOLUTION


IN THE EVENT OF A DISPUTE BETWEEN YOU AND BETWEEN SESSIONS (INCLUDING ANY
DISPUTE OVER THE VALIDITY, ENFORCEABILITY, OR SCOPE OF THIS DISPUTE RESOLUTION
PROVISION), OTHER THAN WITH RESPECT TO CLAIMS FOR INJUNCTIVE RELIEF, THE DISPUTE
WILL BE RESOLVED BY BINDING ARBITRATION PURSUANT TO THE RULES OF THE AMERICAN
ARBITRATION ASSOCIATION COMMERCIAL ARBITRATION RULES. THE PLACE OF THE
ARBITRATION SHALL BE IN NORWALK, CONNECTICUT. IN THE EVENT THERE IS ANY DISPUTE
BETWEEN YOU AND BETWEEN SESSIONS THAT IS DETERMINED NOT TO BE SUBJECT TO
ARBITRATION PURSUANT TO THE PRECEDING SENTENCE, YOU AGREE TO SUBMIT IN THAT
EVENT TO THE EXCLUSIVE JURISDICTION AND VENUE OF THE STATE AND FEDERAL COURTS
LOCATED IN THE CITY AND COUNTY OF NORWALK, CT. YOU AGREE THAT THIS AGREEMENT AND
THE RELATIONSHIP BETWEEN YOU AND BETWEEN SESSIONS SHALL BE GOVERNED BY THE
FEDERAL ARBITRATION ACT AND THE LAWS OF THE STATE OF CT WITHOUT REGARD TO
CONFLICT OF LAW PRINCIPLES OR THE UNITED NATIONS CONVENTION ON THE INTERNATIONAL
SALE OF GOODS. NOTWITHSTANDING THIS, EITHER PARTY SHALL STILL BE ALLOWED TO
APPLY FOR INJUNCTIVE OR OTHER EQUITABLE RELIEF TO PROTECT OR ENFORCE THAT
PARTY’S INTELLECTUAL PROPERTY RIGHTS IN ANY COURT OF COMPETENT JURISDICTION
WHERE THE OTHER PARTY RESIDES OR HAS ITS PRINCIPAL PLACE OF BUSINESS.


CLASS ACTION WAIVER


ANY PROCEEDINGS TO RESOLVE OR LITIGATE ANY DISPUTE IN ANY FORUM WILL BE
CONDUCTED SOLELY ON AN INDIVIDUAL BASIS. CLASS ARBITRATIONS, CLASS ACTIONS,
PRIVATE ATTORNEY GENERAL ACTIONS, CONSOLIDATION OF YOUR DISPUTE WITH OTHER
ARBITRATIONS, OR ANY OTHER PROCEEDING IN WHICH EITHER PARTY ACTS OR PROPOSES TO
ACT IN A REPRESENTATIVE CAPACITY OR AS A PRIVATE ATTORNEY GENERAL ARE NOT
PERMITTED AND ARE WAIVED BY YOU, AND AN ARBITRATOR WILL HAVE NO JURISDICTION TO
HEAR SUCH CLAIMS. IF A COURT OR ARBITRATOR FINDS THAT THE CLASS ACTION WAIVER IN
THIS SECTION IS UNENFORCEABLE AS TO ALL OR SOME PARTS OF A DISPUTE, THEN THE
CLASS ACTION WAIVER WILL NOT APPLY TO THOSE PARTS. INSTEAD, THOSE PARTS WILL BE
SEVERED AND PROCEED IN A COURT OF LAW, WITH THE REMAINING PARTS PROCEEDING IN
ARBITRATION. IF ANY OTHER PROVISION OF THIS DISPUTE RESOLUTION SECTION IS FOUND
TO BE ILLEGAL OR UNENFORCEABLE, THAT PROVISION WILL BE SEVERED WITH THE
REMAINDER OF THIS SECTION REMAINING IN FULL FORCE AND EFFECT.


DISCLAIMER OF WARRANTIES AS TO USE OUTSIDE OF THE UNITED STATES


BETWEEN SESSIONS IS A UNITED STATES-BASED SERVICE. WE MAKE NO WARRANTY OR
REPRESENTATION THAT ANY ASPECT OF THE SERVICE IS APPROPRIATE FOR USE OUTSIDE OF
THE UNITED STATES OR MAY BE USED FOR PERSONS WHO ARE NOT THEN LOCATED OUTSIDE
THE UNITED STATES. THOSE WHO ACCESS THE SERVICE FROM OTHER LOCATIONS ARE
RESPONSIBLE FOR COMPLIANCE WITH APPLICABLE LOCAL LAWS. THE SOFTWARE IS SUBJECT
TO APPLICABLE EXPORT LAWS AND RESTRICTIONS.


ASSIGNMENT OF AGREEMENT AND ACCOUNT


YOU MAY NOT ASSIGN THIS AGREEMENT OR YOUR ACCOUNT WITHOUT OUR PRIOR WRITTEN
CONSENT. YOU MAY NOT TRANSFER OR SUBLICENSE ANY LICENSES GRANTED BY BETWEEN
SESSIONS IN THIS AGREEMENT WITHOUT OUR PRIOR WRITTEN CONSENT. WE MAY ASSIGN THIS
AGREEMENT, IN WHOLE OR IN PART, AND ALL RELATED RIGHTS, LICENSES, BENEFITS, AND
OBLIGATIONS, WITHOUT RESTRICTION, INCLUDING THE RIGHT TO SUBLICENSE ANY RIGHTS
AND LICENSES UNDER THIS AGREEMENT WITHOUT YOUR CONSENT.


Integration, Interpretation of Section Headings, and Severability


THE AGREEMENTS, UNDERSTANDINGS, AND POLICIES REFERENCED IN THIS AGREEMENT SETS
FORTH THE ENTIRE AGREEMENT AND UNDERSTANDING BETWEEN YOU AND BETWEEN SESSIONS
WITH RESPECT TO THE SUBJECT MATTER HEREOF AND SUPERSEDES ANY PRIOR OR
CONTEMPORANEOUS AGREEMENTS OR UNDERSTANDINGS. BETWEEN SESSIONS RESERVES THE
RIGHT TO MODIFY THIS AGREEMENT AND TERMS OF SERVICE AT ANY TIME UPON
NOTIFICATION TO YOU. IF ANY FUTURE CHANGE IS UNACCEPTABLE TO YOU, YOU SHOULD
DISCONTINUE USING THE SERVICE. YOUR CONTINUED USE OF THE SERVICE WILL ALWAYS
INDICATE YOUR ACCEPTANCE OF THIS AGREEMENT AND ANY CHANGES TO IT.


You acknowledge that no other written, oral, or electronic communications will
serve to modify or supplement this Agreement, and You agree not to make any
claims inconsistent with this understanding or in reliance on communications not
part of this Agreement. The section headings used herein, including descriptive
summary sentences at the start of each section, are for convenience only and
shall not affect the interpretation of this Agreement. If any provision of this
Agreement shall be held by a court of competent jurisdiction to be unlawful,
void, or unenforceable, then in such jurisdiction that provision shall be deemed
severable from these terms and shall not affect the validity and enforceability
of the remaining provisions.


Notices


Between Sessions may provide notice to you and obtain consent from you: (1)
through the Website; (2) by electronic mail at the electronic mail address
associated with your Account; and/or (3) by written mail communication to you at
the address associated with your Account. You must submit all notices required
or permitted under this Agreement to Between Sessions Resources, Inc, Suite 333,
304 Main Ave, Norwalk, CT 06851.


No Responsibility for Acts or Omissions of Third-Party Service Providers


Between Sessions may refer names of certain third-party service providers
(“Service Providers”) to you upon your request or in connection with the
Service. Any Service Providers referred to You by Between Sessions are not owned
or controlled by Between Sessions. You agree that Between Sessions is not
responsible or liable in any way for the acts or omissions of any Service
Providers, including, without limitation, any negligent, willful, or illegal
conduct. You further agree to conduct your own investigation and due diligence
regarding any Service Providers referred to you by Between Sessions. You agree
to defend (at Between Sessions’ option), indemnify, and hold harmless Between
Sessions from all damages, liabilities, claims, expenses, and losses relating to
the referral of Service Providers to You.


Business Associate Agreement





FOR PURPOSES OF COMPLYING WITH THE REQUIREMENTS OF HIPAA TO THE EXTENT
APPLICABLE, YOU AND BETWEEN SESSIONS AGREE TO BE BOUND BY EACH OF THE TERMS AND
PROVISIONS OF THE BETWEEN SESSIONS BUSINESS ASSOCIATE AGREEMENT (THE “BAA”) AND
WHICH IS INCORPORATED IN FULL BY THIS REFERENCE. IF ANY PROVISION HEREOF IS
POTENTIALLY OR ACTUALLY IN CONFLICT WITH THE PROVISIONS OF THE BUSINESS
ASSOCIATE AGREEMENT WITH RESPECT TO THE TREATMENT OF PROTECTED HEALTH
INFORMATION, THE TERMS OF THE BUSINESS ASSOCIATE AGREEMENT SHALL PREVAIL.





TRANSFER OF USER DATA AND ACCOUNT OWNERSHIP


IN THE EVENT THAT ANY TEAM MEMBER WHO HAS ACCESS TO THE SERVICE UNDER THE
ACCOUNT DIES, BECOMES DISABLED OR INCAPACITATED, OR OTHERWISE IS UNABLE TO
PROVIDE SERVICES TO ANY USER, THEN THE ACCOUNT OWNER WILL BE SOLELY RESPONSIBLE
FOR ARRANGING FOR THE TRANSFER OF USER DATA, OR MODIFICATION OF ACCESS, IN
COMPLIANCE WITH APPLICABLE LAW AND SECTION 4 OF THESE TERMS OF SERVICE. THIS
INCLUDES, BUT MAY NOT BE LIMITED TO, PROVIDING IDENTITY VERIFICATION OR
EXECUTION OF NECESSARY AUTHORIZATIONS THAT MAY BE REQUIRED BY BETWEEN SESSIONS
OR BY APPLICABLE REGULATIONS OR LICENSING BODIES. YOU AGREE THAT BETWEEN
SESSIONS RESERVES THE RIGHT TO NOT TRANSFER USER DATA OR MODIFY ACCESS IF THE
FOREGOING IS NOT PROVIDED TO THE EXTENT REQUIRED BY APPLICABLE LAW. IF THE
ACCOUNT OWNER DIES, OR OTHERWISE BECOMES INCAPACITATED, BETWEEN SESSIONS WILL
ATTEMPT TO IDENTIFY AN APPROPRIATE INDIVIDUAL TO TRANSFER THE ACCOUNT OWNER ROLE
PURSUANT TO APPLICABLE LAW OR REGULATION, AND IF AN APPROPRIATE INDIVIDUAL CAN
BE IDENTIFIED, WILL TRANSFER THE ACCOUNT OWNER ROLE TO THAT INDIVIDUAL AS
OUTLINED ABOVE. IT IS RECOMMENDED THAT ACCOUNT OWNERS CREATE CLEAR DIRECTIONS
REGARDING ACCESS TO AND TRANSFER OF USER DATA IN THE EVENT OF THEIR DEATH,
DISABILITY, OR INCAPACITATION AND SHARE THESE DIRECTIONS WITH A QUALIFIED AND
TRUSTED INDIVIDUAL IN ADVANCE. REQUESTS FOR TRANSFER OF THE ACCOUNT OWNER ROLE,
EITHER BY THE ACCOUNT OWNER OR BY AN INDIVIDUAL LEGALLY DESIGNATED TO ASSUME
OWNERSHIP, MUST BE INITIATED BY YOU BY EMAILING: INFO@BETWEENSESSIONS.COM. YOU
AGREE THAT USER DATA THAT IS PHI MAY ONLY BE ACCESSED BY OR TRANSFERRED TO AN
APPROPRIATE PARTY, PURSUANT TO HIPAA RULES AND APPLICABLE STATE REGULATIONS.





CONSENT TO ELECTRONIC COMMUNICATIONS


WE PROVIDE USERS INFORMATION BY EMAIL OR POSTING THROUGH THE WEBSITE. THE EMAILS
AND OTHER COMMUNICATIONS YOU WILL RECEIVE INCLUDE THOSE RELATING TO BILLING,
ACCOUNT VERIFICATION, PLATFORM AND SERVICE TRAINING (SOMETIMES CALLED
“ON-BOARDING MATERIALS), SURVEY REQUESTS (FOR PRODUCT AND CUSTOMER SERVICE
IMPROVEMENT PURPOSES), MARKETING AND PROMOTIONS, AND ADMINISTRATIVE
ANNOUNCEMENTS (INCLUDING RELATED TO THESE TERMS OF SERVICE, OUR PRIVACY POLICY,
OR SECURITY INCIDENT NOTIFICATIONS). YOU UNDERSTAND THAT BY USING THE SERVICE
AND AGREEING TO THESE TERMS OF SERVICE, BETWEEN SESSIONS WILL SEND TO YOU THE
FOREGOING COMMUNICATION TYPES AND YOU HEREBY WAIVE ANY RIGHT TO OPT OUT OF SUCH
COMMUNICATIONS TO THE EXTENT PERMITTED BY APPLICABLE LAW. YOU ARE RESPONSIBLE
FOR OBTAINING EITHER REQUISITE CONSENT OR CEASING EMAIL COMMUNICATION TO A
PATIENT OR CLIENT IN THE EVENT THAT SUCH PATIENT OR CLIENT OPTS OUT OF RECEIPT
OF ANY SUCH COMMUNICATIONS.


Date Prepared: February 12, 2021





Sign Up Now





info@BetweenSessions.com

PRODUCTS

Features and Benefits

Pricing

FAQ

COMPANY

About Us

Contact Us

MY ACCOUNT

Terms and Conditions

Sign In

Tutorials

Privacy

Copyright © 2023 Between Sessions
English Spanish
English

Terms and Conditions - Privacy Policy

╳

×
We Value Your Privacy
Settings
NextRoll, Inc. ("NextRoll") and our advertising partners use cookies and similar
technologies on this site and use personal data (e.g., your IP address). If you
consent, the cookies, device identifiers, or other information can be stored or
accessed on your device for the purposes described below. You can click "Allow
All" or "Decline All" or click Settings above to customize your consent.
NextRoll and our advertising partners process personal data to: ● Store and/or
access information on a device; ● Create a personalized content profile; ●
Select personalised content; ● Personalized ads, ad measurement and audience
insights; ● Product development. For some of the purposes above, our advertising
partners: ● Use precise geolocation data. Some of our partners rely on their
legitimate business interests to process personal data. View our advertising
partners if you wish to provide or deny consent for specific partners, review
the purposes each partner believes they have a legitimate interest for, and
object to such processing.
If you select Decline All, you will still be able to view content on this site
and you will still receive advertising, but the advertising will not be tailored
for you. You may change your setting whenever you see the Manage consent
preferences on this site.
Decline All
Allow All
Manage consent preferences

www.betweensessions.com Open in urlscan Pro 192.124.249.163 Public Scan

Form analysis 2 forms found in the DOM

GET https://www.betweensessions.com/

POST /membership-account-2/membership-levels/?level=10002

Text Content

www.betweensessions.com Open in urlscan Pro
192.124.249.163 Public Scan

Form analysis
2 forms found in the DOM