Terms of Use
Welcome!
This is a website offered by Holding Mental Health Technologies, LLC., on
behalf of itself and its affiliates (including but not limited to Create
Outcomes Psychological Services) (“Create Outcomes”
or “we,”
or “us”).
This page explains the terms by which you may use our website (the “Site”).
By accessing or using the Site, you signify that you have read, understood, and
agree to be bound by this Terms of Use Agreement (“Agreement”)
and to the collection and use of your information as set forth in the Create
Outcomes Privacy Policy, whether or not you are a registered user of our Site. Create
Outcomes reserves the right to make unilateral modifications to these terms and
will provide notice of these changes as described below. This Agreement applies
to all visitors, users, and others who access the Site (“Users”).
Please read this Agreement carefully to ensure that you understand each provision. This agreement contains a mandatory individual arbitration and class action/jury trial waiver provision that requires the use of arbitration on an individual basis to resolve disputes, rather than jury trials or class actions.
Please read this Agreement carefully to ensure that you understand each provision. This agreement contains a mandatory individual arbitration and class action/jury trial waiver provision that requires the use of arbitration on an individual basis to resolve disputes, rather than jury trials or class actions.
1.
A.
Eligibility: This is a contract between you and Create Outcomes. You must read and agree to
these terms before using the Site. If you do not agree, you may not use the
Site. You may use the Site only if you can form a binding contract with Create
Outcomes, and only in compliance with this Agreement and all applicable local, state,
national, and international laws, rules and regulations. Any use or access to
the Site by anyone under 18 is strictly prohibited and in violation of this
Agreement. The Site is not available to any Users previously removed from the
Site by Create Outcomes.
B. Access to the Site: Subject to the terms and conditions of this Agreement, you are hereby granted a non-exclusive, limited, non-transferable, freely revocable license to use the Site as permitted by the features of the Site. Create Outcomes reserves all rights not expressly granted herein in the Site and the Create Outcomes Content (as defined below). Create Outcomes may terminate this license at any time for any reason or no reason.
C. Site Rules: You agree not to engage in any of the following prohibited activities: (i) copying, distributing, or disclosing any part of the Site in any medium, including without limitation by any automated or non-automated “scraping”; (ii) using any automated system, including without limitation “robots,” “spiders,” “offline readers,” etc., to access the Site in a manner that sends more request messages to the Create Outcomes servers than a human can reasonably produce in the same period of time by using a conventional on-line web browser (except that Create Outcomes grants the operators of public search engines revocable permission to use spiders to copy publicly available materials from Create Outcomes.com for the sole purpose of and solely to the extent necessary for creating publicly available searchable indices of the materials, but not caches or archives of such materials); (iii) transmitting spam, chain letters, or other unsolicited email; (iv) attempting to interfere with, compromise the system integrity or security or decipher any transmissions to or from the servers running the Site; (v) taking any action that imposes, or may impose at our sole discretion an unreasonable or disproportionately large load on our infrastructure; (vi) uploading invalid data, viruses, worms, or other software agents through the Site; (vii) collecting or harvesting any personally identifiable information, including account names, from the Site; (viii) using the Site for any commercial solicitation purposes; (ix) impersonating another person or otherwise misrepresenting your affiliation with a person or entity, conducting fraud, hiding or attempting to hide your identity; (x) interfering with the proper working of the Site; (xi) accessing any content on the Site through any technology or means other than those provided or authorized by the Site; or (xii) bypassing the measures we may use to prevent or restrict access to the Site, including without limitation features that prevent or restrict use or copying of any content or enforce limitations on use of the Site or the content therein.
Accessing any audiovisual content that may be available on the Site for any purpose or in any manner other than Streaming (as defined below) is expressly prohibited unless explicitly permitted by the functionality of the Site. “Streaming” means a contemporaneous digital transmission of an audiovisual work via the Internet from the Site to a User’s device in such a manner that the data is intended for real-time viewing and not intended to be copied, stored, permanently downloaded, or redistributed by the User.
We may, without prior notice, change the Site; stop providing the Site or features of the Site, to you or to Users generally; or create usage limits for the Site. We may permanently or temporarily terminate or suspend your access to the Site without notice and liability for any reason, including if in our sole determination you violate any provision of this Agreement, or for no reason. Upon termination for any reason or no reason, you continue to be bound by this Agreement.
You are solely responsible for your interactions with other Create Outcomes Users. We reserve the right, but have no obligation, to monitor disputes between you and other Users. Create Outcomes shall have no liability for your interactions with other Users, or for any User’s action or inaction.
B. Access to the Site: Subject to the terms and conditions of this Agreement, you are hereby granted a non-exclusive, limited, non-transferable, freely revocable license to use the Site as permitted by the features of the Site. Create Outcomes reserves all rights not expressly granted herein in the Site and the Create Outcomes Content (as defined below). Create Outcomes may terminate this license at any time for any reason or no reason.
C. Site Rules: You agree not to engage in any of the following prohibited activities: (i) copying, distributing, or disclosing any part of the Site in any medium, including without limitation by any automated or non-automated “scraping”; (ii) using any automated system, including without limitation “robots,” “spiders,” “offline readers,” etc., to access the Site in a manner that sends more request messages to the Create Outcomes servers than a human can reasonably produce in the same period of time by using a conventional on-line web browser (except that Create Outcomes grants the operators of public search engines revocable permission to use spiders to copy publicly available materials from Create Outcomes.com for the sole purpose of and solely to the extent necessary for creating publicly available searchable indices of the materials, but not caches or archives of such materials); (iii) transmitting spam, chain letters, or other unsolicited email; (iv) attempting to interfere with, compromise the system integrity or security or decipher any transmissions to or from the servers running the Site; (v) taking any action that imposes, or may impose at our sole discretion an unreasonable or disproportionately large load on our infrastructure; (vi) uploading invalid data, viruses, worms, or other software agents through the Site; (vii) collecting or harvesting any personally identifiable information, including account names, from the Site; (viii) using the Site for any commercial solicitation purposes; (ix) impersonating another person or otherwise misrepresenting your affiliation with a person or entity, conducting fraud, hiding or attempting to hide your identity; (x) interfering with the proper working of the Site; (xi) accessing any content on the Site through any technology or means other than those provided or authorized by the Site; or (xii) bypassing the measures we may use to prevent or restrict access to the Site, including without limitation features that prevent or restrict use or copying of any content or enforce limitations on use of the Site or the content therein.
Accessing any audiovisual content that may be available on the Site for any purpose or in any manner other than Streaming (as defined below) is expressly prohibited unless explicitly permitted by the functionality of the Site. “Streaming” means a contemporaneous digital transmission of an audiovisual work via the Internet from the Site to a User’s device in such a manner that the data is intended for real-time viewing and not intended to be copied, stored, permanently downloaded, or redistributed by the User.
We may, without prior notice, change the Site; stop providing the Site or features of the Site, to you or to Users generally; or create usage limits for the Site. We may permanently or temporarily terminate or suspend your access to the Site without notice and liability for any reason, including if in our sole determination you violate any provision of this Agreement, or for no reason. Upon termination for any reason or no reason, you continue to be bound by this Agreement.
You are solely responsible for your interactions with other Create Outcomes Users. We reserve the right, but have no obligation, to monitor disputes between you and other Users. Create Outcomes shall have no liability for your interactions with other Users, or for any User’s action or inaction.
2.
The
Site and all materials therein or transferred thereby, including, without
limitation, software, images, text, graphics, illustrations, logos, patents,
trademarks, service marks, copyrights, photographs, audio, videos, music, and
User Content belonging to other Users (the “Create
Outcomes Content”), and all
Intellectual Property Rights related thereto, are the exclusive property of Create
Outcomes and its licensors. Except as explicitly provided herein, nothing in
this Agreement shall be deemed to create a license in or under any such
Intellectual Property Rights, and you agree not to sell, license, rent, modify,
distribute, copy, reproduce, transmit, publicly display, publicly perform,
publish, adapt, edit or create derivative works from any Create Outcomes
Content. Use of the Create Outcomes Content for any purpose not expressly
permitted by this Agreement is strictly prohibited.
You may choose to or we may invite you to submit comments or ideas about the Site, including without limitation about how to improve the Site or our products (“Ideas”). By submitting any Idea, you agree that your disclosure is gratuitous, unsolicited and without restriction and will not place Create Outcomes under any fiduciary or other obligation, and that we are free to use the Idea without any additional compensation to you, and/or to disclose the Idea on a non-confidential basis or otherwise to anyone. You further acknowledge that, by acceptance of your submission, Create Outcomes does not waive any rights to use similar or related ideas previously known to Create Outcomes, or developed by its employees, or obtained from sources other than you.
You may choose to or we may invite you to submit comments or ideas about the Site, including without limitation about how to improve the Site or our products (“Ideas”). By submitting any Idea, you agree that your disclosure is gratuitous, unsolicited and without restriction and will not place Create Outcomes under any fiduciary or other obligation, and that we are free to use the Idea without any additional compensation to you, and/or to disclose the Idea on a non-confidential basis or otherwise to anyone. You further acknowledge that, by acceptance of your submission, Create Outcomes does not waive any rights to use similar or related ideas previously known to Create Outcomes, or developed by its employees, or obtained from sources other than you.
3.
If
the Site provides professional information (for example, medical, legal, or
financial), such information is for informational purposes only and should not
be construed as professional advice. No action should be taken based upon any
information contained in the Site. You should seek independent professional
advice from a person who is licensed and/or qualified in the applicable area.
4.
We
care about the privacy of our Users. You understand that by using the Sites you
consent to the collection, use and disclosure of your personally identifiable
information and aggregate data as set forth in our Privacy Policy, and to have
your personally identifiable information collected, used, transferred to and
processed in the United States.
5.
Create Outcomes cares about the integrity and security
of your personal information. However, we cannot guarantee that unauthorized
third parties will never be able to defeat our security measures or use your
personal information for improper purposes. You acknowledge that you provide
your personal information at your own risk.
6.
The Site may contain links to third-party materials
that are not owned or controlled by Create Outcomes. Create Outcomes does not
endorse or assume any responsibility for any such third-party sites,
information, materials, products, or services. If you access a third-party
website or service from the Site on or through any third-party website or
service, you do so at your own risk, and you understand that this Agreement and
Create Outcomes ‘s Privacy Policy do not apply to your use of such
sites. You expressly relieve Create Outcomes from any and all liability arising
from your use of any third-party website, service, or content. Additionally,
your dealings with or participation in promotions of advertisers found on the
Site, including payment and delivery of goods, and any other terms (such as
warranties) are solely between you and such advertisers. You agree that Create
Outcomes shall not be responsible for any loss or damage of any sort relating to
your dealings with such advertisers.
7.
You
agree to defend, indemnify and hold harmless Create Outcomes and its
subsidiaries, agents, licensors, managers, and other affiliated companies, and
their employees, contractors, agents, officers and directors, from and against
any and all claims, damages, obligations, losses, liabilities, costs or debt,
and expenses (including but not limited to attorney’s fees) arising from: (i)
your use of and access to the Site, including any data or content transmitted
or received by you; (ii) your violation of any term of this Agreement,
including without limitation your breach of any of the representations and
warranties above; (iii) your violation of any third-party right, including
without limitation any right of privacy or Intellectual Property Rights; (iv)
your violation of any applicable law, rule or regulation; (v) any content that
is submitted via your account including without limitation misleading, false,
or inaccurate information; (vi) your willful misconduct; or (vii) any other
party’s access and use of the Site with your unique username, password or other
appropriate security code.
8.
The
Site is provided on an “as is”
and “as available”
basis. Use of the Site is at your own risk. To the maximum extent permitted by
applicable law, the Site is provided without warranties of any kind, whether
express or implied, including, but not limited to, implied warranties of
merchantability, fitness for a particular purpose, or non-infringement. No advice
or information, whether oral or written, obtained by you from Create Outcomes or
through the Site will create any warranty not expressly stated herein. Without
limiting the foregoing, Create Outcomes, its subsidiaries, its affiliates, and
its licensors do not warrant that the content is accurate, reliable or correct;
that the Site will meet your requirements; that the Site will be available at
any particular time or location, uninterrupted or secure; that any defects or
errors will be corrected; or that the Site is free of viruses or other harmful
components. Any content downloaded or otherwise obtained through the use of the
Site is downloaded at your own risk and you will be solely responsible for any
damage to your computer system or mobile device or loss of data that results
from such download or your use of the Site.
Create Outcomes does not warrant, endorse, guarantee, or assume responsibility for any product or site advertised or offered by a third party through the Site or any hyperlinked website or site, and Create Outcomes will not be a party to or in any way monitor any transaction between you and third-party providers of products or services.
Federal law, some states, provinces and other jurisdictions do not allow the exclusion and limitations of certain implied warranties, so the above exclusions may not apply to you. This agreement gives you specific legal rights, and you may also have other rights which vary from state to state. The disclaimers and exclusions under this agreement will not apply to the extent prohibited by applicable law.
Create Outcomes does not warrant, endorse, guarantee, or assume responsibility for any product or site advertised or offered by a third party through the Site or any hyperlinked website or site, and Create Outcomes will not be a party to or in any way monitor any transaction between you and third-party providers of products or services.
Federal law, some states, provinces and other jurisdictions do not allow the exclusion and limitations of certain implied warranties, so the above exclusions may not apply to you. This agreement gives you specific legal rights, and you may also have other rights which vary from state to state. The disclaimers and exclusions under this agreement will not apply to the extent prohibited by applicable law.
9.
To
the maximum extent permitted by applicable law, in no event shall Create
Outcomes, its affiliates, agents, directors, employees, suppliers or licensors
be liable for any indirect, punitive, incidental, special, consequential or
exemplary damages, including without limitation damages for loss of profits,
goodwill, use, data or other intangible losses, arising out of or relating to
the use of, or inability to use, this Site. Under no circumstances will Create
Outcomes be responsible for any damage, loss or injury resulting from hacking,
tampering or other unauthorized access or use of the Site or your account or
the information contained therein.
To the maximum extent permitted by applicable law, Create Outcomes assumes no liability or responsibility for any (i) errors, mistakes, or inaccuracies of content; (ii) personal injury or property damage, of any nature whatsoever, resulting from your access to or use of our site; (iii) any unauthorized access to or use of our secure servers and/or any and all personal information stored therein; (iv) any interruption or cessation of transmission to or from the Site; (v) any bugs, viruses, trojan horses, or the like that may be transmitted to or through our site by any third party; (vi) any errors or omissions in any content or for any loss or damage incurred as a result of the use of any content posted, emailed, transmitted, or otherwise made available through the Site; and/or (vii) User Content or the defamatory, offensive, or illegal conduct of any third party. In no event shall Create Outcomes, its affiliates, agents, directors, employees, suppliers, or licensors be liable to you for any claims, proceedings, liabilities, obligations, damages, losses or costs in an amount exceeding the amount you paid to Create Outcomes hereunder or $100.00, whichever is greater.
This limitation of liability section applies whether the alleged liability is based on contract, tort, negligence, strict liability, or any other basis, even if Create Outcomes has been advised of the possibility of such damage. The foregoing limitation of liability shall apply to the fullest extent permitted by law in the applicable jurisdiction.
Some states do not allow the exclusion or limitation of incidental or consequential damages, so the above limitations or exclusions may not apply to you. This agreement gives you specific legal rights, and you may also have other rights which vary from state to state. The disclaimers, exclusions, and limitations of liability under this agreement will not apply to the extent prohibited by applicable law.
The Site is controlled and operated from facilities in the United States. Create Outcomes makes no representations that the Site is appropriate or available for use in other locations. Those who access or use the Site from other jurisdictions do so at their own volition and are entirely responsible for compliance with all applicable United States and local laws and regulations, including but not limited to export and import regulations. You may not use the Site if you are a resident of a country embargoed by the United States, or are a foreign person or entity blocked or denied by the United States government. Unless otherwise explicitly stated, all materials found on the Site are solely directed to individuals, companies, or other entities located in the United States
To the maximum extent permitted by applicable law, Create Outcomes assumes no liability or responsibility for any (i) errors, mistakes, or inaccuracies of content; (ii) personal injury or property damage, of any nature whatsoever, resulting from your access to or use of our site; (iii) any unauthorized access to or use of our secure servers and/or any and all personal information stored therein; (iv) any interruption or cessation of transmission to or from the Site; (v) any bugs, viruses, trojan horses, or the like that may be transmitted to or through our site by any third party; (vi) any errors or omissions in any content or for any loss or damage incurred as a result of the use of any content posted, emailed, transmitted, or otherwise made available through the Site; and/or (vii) User Content or the defamatory, offensive, or illegal conduct of any third party. In no event shall Create Outcomes, its affiliates, agents, directors, employees, suppliers, or licensors be liable to you for any claims, proceedings, liabilities, obligations, damages, losses or costs in an amount exceeding the amount you paid to Create Outcomes hereunder or $100.00, whichever is greater.
This limitation of liability section applies whether the alleged liability is based on contract, tort, negligence, strict liability, or any other basis, even if Create Outcomes has been advised of the possibility of such damage. The foregoing limitation of liability shall apply to the fullest extent permitted by law in the applicable jurisdiction.
Some states do not allow the exclusion or limitation of incidental or consequential damages, so the above limitations or exclusions may not apply to you. This agreement gives you specific legal rights, and you may also have other rights which vary from state to state. The disclaimers, exclusions, and limitations of liability under this agreement will not apply to the extent prohibited by applicable law.
The Site is controlled and operated from facilities in the United States. Create Outcomes makes no representations that the Site is appropriate or available for use in other locations. Those who access or use the Site from other jurisdictions do so at their own volition and are entirely responsible for compliance with all applicable United States and local laws and regulations, including but not limited to export and import regulations. You may not use the Site if you are a resident of a country embargoed by the United States, or are a foreign person or entity blocked or denied by the United States government. Unless otherwise explicitly stated, all materials found on the Site are solely directed to individuals, companies, or other entities located in the United States
10.
A.
Governing Law: You
agree that: (i) the Site shall be deemed solely based in New York; and (ii) the
Site shall be deemed a passive one that does not give rise to personal
jurisdiction over us, either specific or general, in jurisdictions other than
New York. This Agreement shall be governed by the internal substantive laws of
the State of New York, without respect to its conflict of laws principles. The
parties acknowledge that this Agreement evidences a transaction involving
interstate commerce. Notwithstanding the preceding sentences with respect to
the substantive law, any arbitration conducted pursuant to the terms of this
Agreement shall be governed by the Federal Arbitration Act (9 U.S.C. §§ 1-16). The application of the United
Nations Convention on Contracts for the International Sale of Goods is
expressly excluded. You agree to submit to the personal jurisdiction of the
federal and state courts located in New York County, New York for any actions
for which we retain the right to seek injunctive or other equitable relief in a
court of competent jurisdiction to prevent the actual or threatened
infringement, misappropriation or violation of a our copyrights, trademarks,
trade secrets, patents, or other intellectual property or proprietary rights,
as set forth in the Arbitration provision below, including any provisional
relief required to prevent irreparable harm. You agree that New York County,
New York is the proper forum for any appeals of an arbitration award or for
trial court proceedings in the event that the arbitration provision below is
found to be unenforceable.
B. Arbitration. (Read this section carefully because it requires the parties to arbitrate their disputes and limits the manner in which you can seek relief from Create Outcomes.) For any dispute with Create Outcomes, you agree to first contact us at info@createoutcomes.com and attempt to resolve the dispute with us informally. In the unlikely event that Create Outcomes has not been able to resolve a dispute it has with you after sixty (60) days, we each agree to resolve any claim, dispute, or controversy (excluding any claims for injunctive or other equitable relief as provided below) arising out of or in connection with or relating to this Agreement, or the breach or alleged breach thereof (collectively, “Claims”), by binding arbitration by JAMS, under the Optional Expedited Arbitration Procedures then in effect for JAMS, except as provided herein. JAMS may be contacted at www.jamsadr.com. The arbitration will be conducted in New York County, New York, unless you and Create Outcomes agree otherwise. If you are using the Site for commercial purposes, each party will be responsible for paying any JAMS filing, administrative and arbitrator fees in accordance with JAMS rules, and the award rendered by the arbitrator shall include costs of arbitration, reasonable attorneys’ fees and reasonable costs for expert and other witnesses. If you are an individual using the Site for non-commercial purposes: (i) JAMS may require you to pay a fee for the initiation of your case, unless you apply for and successfully obtain a fee waiver from JAMS; (ii) the award rendered by the arbitrator may include your costs of arbitration, your reasonable attorney’s fees, and your reasonable costs for expert and other witnesses; and (iii) you may sue in a small claims court of competent jurisdiction without first engaging in arbitration, but this does not absolve you of your commitment to engage in the informal dispute resolution process. Any judgment on the award rendered by the arbitrator may be entered in any court of competent jurisdiction. Nothing in this Section shall be deemed as preventing Create Outcomes from seeking injunctive or other equitable relief from the courts as necessary to prevent the actual or threatened infringement, misappropriation, or violation of our data security, Intellectual Property Rights or other proprietary rights.
C. Class Action/Jury Trial Waiver: With respect to all persons and entities, regardless of whether they have obtained or used the site for personal, commercial or other purposes, all Claims must be brought in the parties’ individual capacity, and not as a plaintiff or class member in any purported class action, collective action, private attorney general action or other representative proceeding. This waiver applies to class arbitration, and, unless we agree otherwise, the arbitrator may not consolidate more than one person’s claims. You agree that, by entering into this agreement, you and Create Outcomes are each waiving the right to a trial by jury or to participate in a class action, collective action, private attorney general action, or other representative proceeding of any kind.
B. Arbitration. (Read this section carefully because it requires the parties to arbitrate their disputes and limits the manner in which you can seek relief from Create Outcomes.) For any dispute with Create Outcomes, you agree to first contact us at info@createoutcomes.com and attempt to resolve the dispute with us informally. In the unlikely event that Create Outcomes has not been able to resolve a dispute it has with you after sixty (60) days, we each agree to resolve any claim, dispute, or controversy (excluding any claims for injunctive or other equitable relief as provided below) arising out of or in connection with or relating to this Agreement, or the breach or alleged breach thereof (collectively, “Claims”), by binding arbitration by JAMS, under the Optional Expedited Arbitration Procedures then in effect for JAMS, except as provided herein. JAMS may be contacted at www.jamsadr.com. The arbitration will be conducted in New York County, New York, unless you and Create Outcomes agree otherwise. If you are using the Site for commercial purposes, each party will be responsible for paying any JAMS filing, administrative and arbitrator fees in accordance with JAMS rules, and the award rendered by the arbitrator shall include costs of arbitration, reasonable attorneys’ fees and reasonable costs for expert and other witnesses. If you are an individual using the Site for non-commercial purposes: (i) JAMS may require you to pay a fee for the initiation of your case, unless you apply for and successfully obtain a fee waiver from JAMS; (ii) the award rendered by the arbitrator may include your costs of arbitration, your reasonable attorney’s fees, and your reasonable costs for expert and other witnesses; and (iii) you may sue in a small claims court of competent jurisdiction without first engaging in arbitration, but this does not absolve you of your commitment to engage in the informal dispute resolution process. Any judgment on the award rendered by the arbitrator may be entered in any court of competent jurisdiction. Nothing in this Section shall be deemed as preventing Create Outcomes from seeking injunctive or other equitable relief from the courts as necessary to prevent the actual or threatened infringement, misappropriation, or violation of our data security, Intellectual Property Rights or other proprietary rights.
C. Class Action/Jury Trial Waiver: With respect to all persons and entities, regardless of whether they have obtained or used the site for personal, commercial or other purposes, all Claims must be brought in the parties’ individual capacity, and not as a plaintiff or class member in any purported class action, collective action, private attorney general action or other representative proceeding. This waiver applies to class arbitration, and, unless we agree otherwise, the arbitrator may not consolidate more than one person’s claims. You agree that, by entering into this agreement, you and Create Outcomes are each waiving the right to a trial by jury or to participate in a class action, collective action, private attorney general action, or other representative proceeding of any kind.
11.
A.
Assignment: This Agreement, and any rights and licenses granted hereunder, may not be
transferred or assigned by you, but may be assigned by Create Outcomes without
restriction. Any attempted transfer or assignment in violation hereof shall be
null and void.
B. Notification Procedures and Changes to the Agreement: Create Outcomes may provide notifications, whether such notifications are required by law or are for marketing or other business related purposes, to you via email notice, written or hard copy notice, or through posting of such notice on our website, as determined by Create Outcomes in our sole discretion. Create Outcomes reserves the right to determine the form and means of providing notifications to our Users, provided that you may opt out of certain means of notification as described in this Agreement. Create Outcomes is not responsible for any automatic filtering you or your network provider may apply to email notifications we send to the email address you provide us. Create Outcomes may, in its sole discretion, modify or update this Agreement from time to time, and so you should review this page periodically. When we change the Agreement in a material manner, we will update the ‘last modified’ date at the top of this page and notify you that material changes have been made to the Agreement. Your continued use of the Site after any such change constitutes your acceptance of the new Terms of Use. If you do not agree to any of these terms or any future Terms of Use, do not use or access (or continue to access) the Site.
C. Entire Agreement/Severability: This Agreement, together with any amendments and any additional agreements you may enter into with Create Outcomes in connection with the Site, shall constitute the entire agreement between you and Create Outcomes concerning the Site. If any provision of this Agreement is deemed invalid by a court of competent jurisdiction, the invalidity of such provision shall not affect the validity of the remaining provisions of this Agreement, which shall remain in full force and effect, except that in the event of unenforceability of the universal Class Action/Jury Trial Waiver, the entire arbitration agreement shall be unenforceable.
D. No Waiver: No waiver of any term of this Agreement shall be deemed a further or continuing waiver of such term or any other term, and Create Outcomes ‘failure to assert any right or provision under this Agreement shall not constitute a waiver of such right or provision.
E. New York Residents: The provider of services is Create Outcomes Psychological Services. You may report complaints to the New York State Education Department, Office of the Professions by contacting them in writing at 1411 Broadway, 10th Floor New York, NY 10018 or ︎︎︎http://www.op.nysed.gov/opd/# or by telephone at ︎︎︎212-951-6400
B. Notification Procedures and Changes to the Agreement: Create Outcomes may provide notifications, whether such notifications are required by law or are for marketing or other business related purposes, to you via email notice, written or hard copy notice, or through posting of such notice on our website, as determined by Create Outcomes in our sole discretion. Create Outcomes reserves the right to determine the form and means of providing notifications to our Users, provided that you may opt out of certain means of notification as described in this Agreement. Create Outcomes is not responsible for any automatic filtering you or your network provider may apply to email notifications we send to the email address you provide us. Create Outcomes may, in its sole discretion, modify or update this Agreement from time to time, and so you should review this page periodically. When we change the Agreement in a material manner, we will update the ‘last modified’ date at the top of this page and notify you that material changes have been made to the Agreement. Your continued use of the Site after any such change constitutes your acceptance of the new Terms of Use. If you do not agree to any of these terms or any future Terms of Use, do not use or access (or continue to access) the Site.
C. Entire Agreement/Severability: This Agreement, together with any amendments and any additional agreements you may enter into with Create Outcomes in connection with the Site, shall constitute the entire agreement between you and Create Outcomes concerning the Site. If any provision of this Agreement is deemed invalid by a court of competent jurisdiction, the invalidity of such provision shall not affect the validity of the remaining provisions of this Agreement, which shall remain in full force and effect, except that in the event of unenforceability of the universal Class Action/Jury Trial Waiver, the entire arbitration agreement shall be unenforceable.
D. No Waiver: No waiver of any term of this Agreement shall be deemed a further or continuing waiver of such term or any other term, and Create Outcomes ‘failure to assert any right or provision under this Agreement shall not constitute a waiver of such right or provision.
E. New York Residents: The provider of services is Create Outcomes Psychological Services. You may report complaints to the New York State Education Department, Office of the Professions by contacting them in writing at 1411 Broadway, 10th Floor New York, NY 10018 or ︎︎︎http://www.op.nysed.gov/opd/# or by telephone at ︎︎︎212-951-6400
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