Updated May 2021
Terms of Use
1. Introduction
1.1. These Terms of Use (the “Terms”) govern your use of the psychedupcme.com website and related websites (the “Site”), which is owned and operated by PsychedUp (the “Company”, “we” or “us”). By accessing and using the Site, you agree to be bound by these Terms. If you do not agree to be bound by any of the terms, please do not use this Site. The Company has the right to revise the Terms at any time without providing notice. Check this page to ensure you are familiar with the current version of the Terms. Your continued use of the Site following the posting of any changes to the terms means you accept the changes.
2. Programs and Events
2.1. The Company owns or has licensed all of the content, whether presented via webinar, pre-recorded video, in-person or otherwise (the “Programs”), on the Site. The content of the Programs is for informational purposes only and is intended for health care and mental health professionals, or students-in-training, with previous clinical training and experience. You should make your own judgment as to the applicability of the content to your practice or seek advice, opinions and recommendations before acting or omitting to act based on any content. The Company reserves the right, in its sole discretion to change the content at any time without any prior notice.
2.2. Attending a Program in one format or on one website does not guarantee that you will have access to it in a different format or website. Each Program carries its own registration requirements and fees.
2.3. The Company may offer in-person events from time to time (the “Event(s)”). Tickets will be made available on the Site. The Company reserves the right to change the Event date, meeting place, delivery method, speakers, or content without prior notice and assumes no liability for these changes.
2.4. The Company reserves the right to limit the number of tickets that may be sold for a particular Event or Program, and may, in its sole discretion, limit the number of tickets sold to practitioners within a certain practice area or specialty.
2.5. The Company reserves the right to change the cost of any Program or Event, or offer discounts or other promotions from time to time, without any prior notice.
2.6. Continuing education requirements vary amongst professions, and the Company does not guarantee that you will receive accreditation from your respective college or governing body for attending a Program or Event.
3. License
3.1. We grant you a non-transferable, non-exclusive, revocable, limited license to use and access the Site and use the Programs solely for your own personal, non-commercial use.
3.2. You may not at any time modify the Programs in any way or reproduce, post, publish or share the Programs, or any materials or other content received from us, on any other websites, forums, social media sites or other platforms.
3.3. The Company reserves the right to terminate your license to use the Programs at any time for any reason, including but not limited to your breach of these Terms.
4. User Account
4.1. Prior to accessing the Programs or Events, you will be required to register for a user account (an “Account”). It is your responsibility to ensure that all information, content, material, or data you provide in your Account is at all times correct, complete, accurate, and not misleading. We accept no responsibility for any loss or damage to you arising from Account information that is not correct, complete, and accurate, or is misleading.
4.2. During the Account registration process, you will select login credentials. Login credentials may only be used by you or authorized users to whom the login credentials are assigned. Login credentials may not be shared with unauthorized individuals. It is your responsibility to keep all of your Account information confidential, including but not limited to your login credentials. You are solely responsible for all activities undertaken through your Account. You must notify us immediately of any unauthorized or suspected unauthorized use of your Account. We accept no responsibility for loss or damage resulting from failure to keep your information confidential or from failing to notify us of unauthorized use of your Account.
4.3. We may, in our sole discretion, terminate your Account and your access to the Service at any time if you are in breach of the Terms.
5. User Content
5.1. The Site may allow users to post, link, share or otherwise make available certain text, graphics, videos or other materials (“User Content”). You are solely responsible for all User Content you post, including its legality, reliability and appropriateness according to these Terms.
5.2. By posting User Content on our Site, you represent and warrant that:
a) you own the User Content or have the right to use it and grant us the rights and license as provided in these Terms;
b) the postings of your User Content on or through the Site does not violate the privacy rights, publicity rights, copyrights, contract rights or any other rights of any person.
c) The Company reserves all rights to block or remove any User Content on or through the Site that we determine to be:
i) abusive, defamatory, or obscene;
ii) fraudulent, deceptive, or misleading;
iii) in violation of a copyright, trademark, or other intellectual property rights of another;
iv) offensive or otherwise unacceptable, in our sole discretion.
5.3. By posting User Content, you grant the Company the right and license to use, modify, publicly perform, display, reproduce and distribute such User Content on and through the Site. You retain any and all of your rights to any User Content you submit and are responsible for protecting those rights.
6. Payment and Refunds
6.1. Payment for all Programs must be made in full upon registration and is non-refundable.
6.2. If the Company is forced to cancel a Program after you purchased it, you will be notified by email on the email address you provided when you created your account. You will be eligible to receive a credit that you can use for other Programs. The credit will be pro-rated to the time left for your access compared to the total time allotted upon purchase.
6.3. You may cancel your registration for an Event by notifying us in writing at info@psychedupcme.com. Requests provided at least 30 days prior to the Event will receive a full refund, minus a $30 administrative fee. Requests provided less than 30 days prior to the Event will not be refunded.
6.4. If the Company is forced to cancel an Event due to circumstances beyond our control, the Event will be rescheduled and you will receive a credit equal to the ticket price for use towards a future Event. The Company assumes no liability other than paid Event fees.
7. Third Party Links
7.1. The Site may contain links to external third party websites. Organizations that are independent of the Company maintain these sites. The Company does not assume responsibility for the accuracy or appropriateness of information on linked sites. The provision of a link does not constitute an endorsement of an external organization. The use of third party websites is at your own risk and is subject to the terms of use of such websites. The Company cannot control external websites that link to the Site. Such links do not indicate endorsement of those external websites or the organizations that operate them.
8. Prohibited Activities
8.1. You must not use the Site in any way that damages the Site or impairs its availability, or in any way which is unlawful, illegal, fraudulent, or harmful.
8.2. You must not use the Site to copy, store, host, transmit, send, use, publish, or distribute any spyware, computer virus, Trojan horse, worm, keystroke logger, rootkit, or other malicious computer software.
8.3. You must not conduct any data collection activities – including scraping, data mining, data extraction, and data harvesting – on this Site.
8.4. You must not use this Site to send unsolicited commercial communications or for any purposes related to marketing without written permission from the Company.
9. Disclaimers
9.1. The Site is provided on an “as is” and “as available” basis, and you acknowledge and agree that you use the Site at your own and sole risk. We expressly disclaim all warranties of any kind, whether express or implied, including but not limited to, implied warranties of merchantability, and fitness for a particular purpose, title and non-infringement.
9.2. Without limiting the generality of the foregoing, we make no guarantees in relation to the following:
a) the Site will meet your requirements or expectations;
b) the Site will be uninterrupted, timely, secure, or error-free;
c) the accuracy, quality or reliability of the Site;
d) any information you provide will not be disclosed to third parties; or
e) third parties will not use your confidential information in an unauthorized manner. Under no circumstances will we be responsible for any loss or damage, including personal injury or death, resulting from anyone’s use of the Site or any conduct or interactions between users of the Site.
10. Limitation of Liability
10.1. You agree that neither we nor our subsidiaries, parents, affiliates, and each of our and their directors, officers, managers, partners, agents, other representatives, employees and customers shall be held responsible or liable in any way for any punitive, exemplary, consequential, incidental, indirect or special damages arising from or in connection with the Site, the Programs, the Events or any other information, products or materials that you request or receive through or on the Site, whether under a theory of breach of contract, negligence, strict liability or otherwise, even if such party has been advised of the possibility of such damages.
10.2. Without limiting the generality of the above, we assume no liability for accidents, delays, injuries, harm, loss, damage, death, lost profits, personal or business interruptions, misapplication of information, physical or mental disease, condition or issue, physical, mental, emotional, or spiritual injury or harm, loss of income or revenue, loss of business, loss of profits or contracts, anticipated savings, loss of data, loss of goodwill, wasted time and for any other loss or damage of any kind arising from your use of the Site, the Programs, the Events, or any information, products or materials that you request or receive through or on the Site. You specifically acknowledge and agree that we are not liable for any defamatory, offensive or illegal conduct of any other Site participant or user, including you.
10.3. You acknowledge and agree that the disclaimers of warranties above and these limitations of liability are an agreed upon allocation of risk between you and us. You acknowledge and agree that if you did not agree to these limitations of liability you would not be permitted to use the Site. You acknowledge and agree that such provisions are reasonable and fair.
11. Privacy
11.1. Your privacy rights are outlined in the Site’s Privacy Policy. Please review the Privacy Policy to learn about what information the Company may collect about you and what is done with that information.
12. Intellectual Property Rights
12.1. The Company owns and retains all proprietary rights in the Site and any trademarks, trade names, service marks and other intellectual property rights related thereto. The Site contains the copyrighted material, trademarks, and other proprietary information of the Company.
12.2. By accessing the Site and its Content or services, you agree that:
a) you will not copy, modify, transmit, create any derivative works from, make use of, or reproduce in any way any copyrighted material, trademarks, trade names, service marks, or other intellectual property or proprietary information accessible through the Site or the Programs;
b) you will not remove, obscure or otherwise alter any proprietary notices appearing on any content, including copyright, trademark and other intellectual property notices; and
c) you will not in any way at any time use, copy, adapt, imply or represent that our Site or the Programs are yours or are created by you.
12.3. Subject to Article 3, no license is granted to you or any other party for the use of the Company’s intellectual property or the Programs. No other rights of use or ownership are granted to you in the Site or the Programs.
13. Indemnity
13.1. You agree to defend, indemnify and hold us, and our subsidiaries, parents, affiliates, and each of our and their directors, officers, managers, members, partners, agents, other representatives, employees and customers (each an “Indemnified Party” and collectively, the “Indemnified Parties”), harmless from any claim, demand, action, damage, loss, cost or expense, including without limitation, attorneys’ fees and costs, investigation costs and settlement expenses, incurred in connection with any investigation, claim, action, suit or proceeding of any kind brought against any Indemnified Party arising out of your use of the Site, any alleged or actual infringement of the intellectual property rights of any party, any injury or damage to property or person, any act by you in connection with any user of the Site or any other third party, or alleging facts or circumstances that could constitute a breach by you of any provision of these Terms and/or any of the representations and warranties set forth above.
14. Assignment
14.1. The Company may transfer or sub-contract rights and/or obligations under these Terms without notifying you or obtaining your consent. You may not transfer or sub-contract your rights and/or obligations under these Terms.
15. Breach of Terms of Use
15.1. If you breach these Terms in any way, the Company may suspend and prohibit your access to the Site, block computers using your IP address from accessing the Site, contact your internet service provider to request that they block your access to the Site, and/or bring court proceedings against you.
16. Governing Law and Jurisdiction
16.1. These Terms of Use have been made in and shall be construed and enforced in accordance with the laws of the jurisdiction of the Province of British Columbia, Canada.
17. Miscellaneous
17.1. These Terms, together with our Privacy Policy, shall constitute the complete and exclusive agreement between you and the Company with respect to and governing your use of the Site. If any provision of these Terms is declared by a court of competent jurisdiction to be invalid, illegal, or unenforceable, such provision shall be removed from these Terms and all other provisions of the terms shall remain in full force and effect.
18. Disclosure
18.1. In 2021, this program has received an educational grant or in-kind support from Abbvie, Eisai, and Janssen. The sponsors have no involvement in the development, delivery or evaluation of the program, and have no ownership or interest in PsychedUp CME. The program’s scientific planning committee has full control over its content, and any opinion expressed by the program’s Faculty are entirely their own.
19. Contact
19.1. If you have any comments or questions about our Site or these Terms of Use, please contact us at info@psychedupcme.com