Insight Therapies, LLC
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IMPORTANT, PLEASE READ CAREFULLY
PractitionerPro® is protected by copyright laws and international copyright treaties, as well as other intellectual property laws and treaties. PRODUCT is licensed, not sold. This End User License Agreement (“EULA”) is a legal agreement between you (either an individual or a single entity) and Insight Therapies LLC ("ITLLC"). If you do not agree with the terms of this EULA, do not purchase, download, install or use PractitionerPro. You agree to be bound by the terms of this EULA. If you do not agree to the terms of this EULA, ITLLC is unwilling to license PractitionerPro to you. PractitionerPro includes digital media, CD, DVD, Video, digital files, the associated media, any printed materials, printed manuals, products, and any “in-person” curricula, “online" curricula, or electronic documentation and products not limited to services. Use of any PRODUCT provided to you by ITLLC in whatever form or media, will constitute your acceptance of these terms, unless separate terms are provided by the software supplier, in which case certain additional or different terms may apply. All rights not expressly granted are reserved by ITLLC. For purposes of this EULA, the “Effective Date” shall mean the date on which you first accepted this EULA by purchasing any product on this website.
END USER LICENSE AGREEMENT
Insight Therapies LLC (“ITLLC”) a company formed under the laws of the State of Nevada and having its principle place of business in, Erie PA 16505, is issuing this End User License Agreement (“EULA”, or “License”) as the legal agreement between the individual or business entity receiving the EULA (“Customer”) and ITLLC, its distributors and representatives for the PractitionerPro program (“PractitionerPro”). PractitionerPro includes, but is not limited to, the copyrighted works that are incorporated into the PractitionerPro program suite, in whatever format including, compact disc, DVD, electronic file, internet download, training books, curricular resources, therapy materials, and Toolkits, Digital Media and student kits, etc. PractitionerPro does not include any required hardware or software that may be required to listen to or play the content. By downloading, installing, implementing, accessing, or otherwise using PractitionerPro, Customer agrees to be bound by the terms of this EULA. If Customer does not agree to the terms of this EULA, do not continue to download or otherwise use PractitionerPro.
1.1. Upon acceptance of this EULA and purchase of PractitionerPro, ITLLC grants to Customer a non-exclusive license to use PractitionerPro for the personal use of the customer and is not permitted for public sale. This license is limited to a single use of PractitionerPro for a single user and may not be used by another user that is not the Customer and may not be used for group study or professional use. Additional users or use in professional practice is required to purchase separate licenses as described in Section 1.4 below. You agree that you may not copy the written materials accompanying the PractitionerPro. Modifying, translating, renting, copying, transferring or assigning all or part of PractitionerPro, or any rights granted hereunder, to any other persons and removing any proprietary notices, labels or marks from PractitionerPro is strictly prohibited. Furthermore, you hereby agree not to create derivative works based on the PractitionerPro. You may not transfer this PractitionerPro software product to third parties.
1.2. This License is granted for a term of one (1) year from the date of purchase and Customer may not resell the license to third parties, may not grant sublicenses, and may not otherwise transfer the License to third parties.
1.3. At the end of the one (1) year term of this License, Customer must purchase an additional License to continue to use PractitionerPro.
1.4. Additional copies of PractitionerPro require the purchase of separate Licenses unless otherwise authorized by ITLLC, except that Customer may make one (1) copy of any software for backup or archival purposes.
1.5. ITLLC reserves the right to modify this EULA at any time and with no notice to Customer. Such modifications inure to the Customer when such modifications are adopted by ITLLC for sale of PractitionerPro. It is Customer’s responsibility to ensure that they have the most recent version of this EULA.
2. Other Rights and Limitations
2.1. Customer must not remove or alter any copyright or trademark notices on any or all copies of PractitionerPro.
2.2. Customer may not distribute licensed copies of PractitionerPro to third parties and further, Customer may not make any copies of PractitionerPro without the purchase of separate EULAs for each copy as required above.
2.3. Customer may not rent, lease, or lend PractitionerPro.
2.4. Customer may not modify or create derivative works based on or including PractitionerPro without the express written consent of ITLLC.
2.5. Customer must comply with all applicable laws regarding the use of PractitionerPro.
2.6. ITLLC reserves the right to terminate this License at any time for any reason and without notice to Customer.
3. Fees and Obligations
3.1. The Customer agrees to pay to ITLLC, or its distributors or representatives, an annual fee which includes the PractitionerPro License granted herein.
3.2. Should Customer conduct or engage in any unauthorized use of PractitionerPro, Customer shall be liable to ITLLC for each unauthorized copy of the PractitionerPro program use and/or for each unlicensed user the value of ten (10) times the retail cost of a License as granted herein.
4.1. No refunds are available for any component of PractitionerPro, any copy of PractitionerPro that is purchased.
4.2. Refunds are available only for unopened returned products within 30 days of purchase. Refunds shall NOT include postage costs.
4.3. However, in the event that the copy of PractitionerPro is defective, the sole remedy to the Customer is to accept a refund of the purchase price. The period for the Customer to determine if the product is defective and request a refund is 90 days from the date purchase.
5. Intellectual Property
5.1. All title, including, but not limited to copyrights and trademarks, in and to PractitionerPro and any copies thereof are under license to ITLLC. All title and intellectual property rights in and to the content which may be accessed in PractitionerPro is the property of the respective content owner and may be protected by applicable copyright or other intellectual property laws and treaties. This EULA grants Customer no rights to such content, except as necessary to use PractitionerPro under this EULA.
5.2. All rights not expressly granted are reserved by ITLLC.
6.1. PractitionerPro may contain information or content from third parties. ITLLC does not assume, and specifically disclaims, any responsibility for the accuracy or such third party information or content.
6.2. ITLLC is not advocating the use of any product or procedure referenced in PractitionerPro or elsewhere, nor is ITLLC responsible for the use or misuse of any product or procedure reference by Customer, whether or not due to negligence by the Customer or any third party.
6.3. Customer agrees that PractitionerPro is not intended (not should it be used as) a substitute for the exercise of professional judgment and/or the advice of a medical professional. Customer agrees and acknowledges that any use of PractitionerPro for patients must be in conjunction with licensed medical or behavioral treatment that may be subject to health care regulations for which Customer takes full responsibility.
7. Warranty and Indemnification
7.1. PractitionerPro is intended for adult users over the age of 18. Customer warrants that they are over 18 and Customer is not purchasing PractitionerPro for use by anyone under the age of 18.
7.2. Though ITLLC uses reasonable efforts to ensure otherwise, PractitionerPro may contain errors or other inaccuracies and may not be complete, accurate, or current. ITLLC DOES NOT GUARANTEE, REPRESENT, OR WARRANT THAT (I) THE RECORDINGS WILL BE ERROR-FREE, ACCURATE, OR CURRENT, OR (II) USE OF THE RECORDINGS WILL BE UNINTERRUPTED, ERROR-FREE, OR FREE FROM LOSS CORRUPTION, ATTACK, VIRUSES, INTERFERENCE, HACKING, OR OTHER SECURITY INTRUSION, AND ITLLC DISCLAIMS ANY LIABILITY RELATING THERETO. PractitionerPro IS PROVIDED “AS IS”. EXCEPT AS SPECIFICALLY PROVIDED HEREIN, THERE ARE NO WARRANTIES, EXPRESS OR IMPLIED, INCLUDING BUT NOT LIMITED TO ANY IMPLIED WARRANTY OF MERCHANTABILITY OR ANY IMPLIED WARRANTY OF FITNESS FOR A PARTICULAR PURPOSE. The SOFTWARE PRODUCT is provided “AS IS” without warranty of any kind. The entire risk as to the quality and performance of PractitionerPro is with you. Neither ITLLC nor its supplier’s warrant that the functions contained in PractitionerPro will meet your requirements or that the operation of PractitionerPro will be uninterrupted or error-free. ITLLC IS NOT OBLIGATED TO PROVIDE ANY UPDATES. User is at own risk engagement of acceptance if this said EULA.
8. Limitation of Liability
8.1. THE CONTENTS OF THE RECORDINGS ARE NOT INTENDED TO BE A SUBSTITUTE FOR PROFESSIONAL MEDICAL ADVICE, DIAGNOSIS, OR TREATMENT. CUSTOMER ACCEPTS THE RESPONSIBILITY OF ANY USE OF PRACTITIONERPRO FOR PATIENT CARE MANAGEMENT AND RELIANCE ON ANY INFORMATION OR PROCEDURES CONTAINED IN PRACTITIONERPRO IS SOLELY THE RESPONSIBILITY OF THE CUSTOMER AND IS RELIED ON AT CUSTOMER’S OWN RISK. Customer agrees that software is not intended (not should it be used as) a substitute for the exercise of professional judgment and/or the advice of a medical professional. Customer agrees and acknowledges that any use of PractitionerPro for patients must be in conjunction with licensed medical or behavioral treatment that may be subject to health care regulations for which Customer takes full responsibility
8.2. IN NO EVENT SHALL ITLLC, ITS OFFICERS, DIRECTORS, AGENTS, OR EMPLOYEES, BE LIABLE TO CUSTOMER FOR LOSS OF PROFIT OR OTHER ECONOMIC LOSS, INDIRECT, SPECIAL, CONSEQUENTIAL, OR OTHER SIMILAR DAMAGES, ARISING OUT OF ANY BREACH OF THIS AGREEMENT OR ANY OBLIGATIONS UNDER THIS AGREEMENT OR THE LICENSE GRANTED OR FOR ANY CLAIM MADE AGAINST CUSTOMER BY ANY OTHER PARTY EVEN IF CUSTOMER HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH CLAIM.
8.3. IN NO EVENT SHALL ITLLC, ITS OFFICERS, DIRECTORS, AGENTS, OR EMPLOYEES, BE LIABLE TO CUSTOMER FOR ANY INABILITY BY THE CUSTOMER TO USE PRACTITIONERPRO, OR FOR ANY LOSS OF DATA, FOR ANY ERRORS OR OMISSIONS IN THE CONTENT, REGARDLESS OF THE FORM OF ACTION, WHETHER ITLLC KNOW OR SHOULD HAVE KNOW OF THE POSSIBILITY OF SUCH DAMAGES.
8.4. THE TOTAL LIABILITY OF ITLLC, IF ANY, ARISING OUT OF OR IN CONNECTION WITH THIS EULA, OR WITH CUSTOMER’S USE OF OR INABILITY TO USE PRACTITIONERPRO, SHALL NOT EXCEED IN THE AGGREGATE THE FEES ACTUALLY PAID BY CUSTOMER UNDER THIS EULA. THE PROVISIONS HEREIN CONCERNING LIMITATIONS OF LIABILITIES AND DAMAGES ALLOCATE THE RISKS OF THIS AGREEMENT BETWEEN THE PARTIES. THIS ALLOCATION IS REFLECTED IN THE ECONOMIC TERMS OF THIS AGREEMENT AND IS AN ESSENTIAL ELEMENT OF THE BASIS OF THE BARGAIN BETWEEN THE PARTIES. EACH OF THE LIMITATIONS OF LIABILITY SET FORTH ABOVE ARE INDEPENDENT OF, AND SHALL SURVIVE THE FAILURE OF, ANY OTHER PROVISION IN THIS AGREEMENT (INCLUDING EXCLUSIVE REMEDIES).
9.1. The Parties agree that disputes arising under this Agreement that cannot be settled by the mutual agreement of the Parties shall be submitted for final, binding arbitration to be held in Erie, Pennsylvania, USA, pursuant to the Commercial Arbitration Rules of the American Arbitration Association. The Parties agree that the remedy shall be limited to the purchase price of the copies of PractitionerPro under dispute and that each Party shall bear their own costs, expenses, and attorney’s fees. An award of arbitration shall be final and binding on the Parties and may be confirmed in a court of competent jurisdiction.
9.2. This EULA embodies the entire contract and understanding of the parties and supersedes all previous communications, representations or undertakings, either verbal or written, between the parties relating to the subject matter hereof.
9.3. This EULA shall be interpreted according to the laws of the Commonwealth of Pennsylvania, USA except for any that would apply the laws of another jurisdiction. ITLLC and CUSTOMER, agree to the jurisdiction and venue of the Federal and State courts governing the location of ITLLC listed above.
9.4. ITLLC’s waiver of or failure to enforce any term of this agreement shall not be construed as a modification or an amendment to this agreement or constitute a waiver of other breaches.
9.5. In the event that some provisions, terms, conditions of the EULA are held to be invalid or unenforceable, the remainder of the provisions that are enforceable shall control. Additionally, the Parties agree that, if any provision is found to be invalid or unenforceable, the arbitrating panel will construe such provision to the maximum extent that it might be found to be valid or enforceable.
9.6. By taking the affirmative step of clicking the “I Accept” button, or checking an Acceptance box, and the purchasing of a product, service, or membership, Customer attests that Customer has fully read, understands, and accepts the terms of this EULA, and warrants to ITLLC that such digital acceptance shall be deemed to be the same as if Customer had affixed their signature to this EULA.
Last Modified: 05-15-2022
© 2022 All rights reserved. Insight Therapies PractitionerPro®
Insight Therapies LLC Contact us: (814) 662 - 5338
Insight Therapies LLC
Phone: 814 - 662 - 5338
Hours of Operation
Mon-Fri: 9-5pm Est