GENERAL INFORMATION
The Neurodiversity Clinic (TNC) is an independent provider of assessments and treatment. While we offer services to a wide range of clients, our main focus is on meeting the needs of people who are in the neurodiverse community.
By registering an Account to use TNC as a TNC customer (a "TNC Customer") and providing your email address, you consent to receive e-mail, including commercial electronic mail messages, from TNC to the e-mail address provided, unless you expressly revoke your consent in writing or by e-mail.
TERMS OF USE
Entity or organization use
All TNC Customers affiliated with or employed by an entity, group, business, or organization of any kind (an "Organization") must agree to the following:
- You represent and warrant that you have the authority to legally bind yourself to these Terms;
- You acknowledge and agree that you bound by these Terms;
- All references in these Terms to "TNC Customer" or "you" will include both you and any dependent child or person you have legal custody over.
TNC Customer responsibilities
You assume full responsibility for all use of TNC under your Account including, if applicable, use by others within your household. You agree that any person who accesses, uses, or misuses TNC under your Account does so on your behalf and that you are responsible for all such activity under your Account, including, without limitation, any activity in violation of these Terms.
You acknowledge and agree that you are responsible for ensuring that all access and use of the TNC Materials under your Account complies with all of the Terms, including the restrictions and requirements that follow. You agree to follow all reasonable instructions of TNC in the use of the TNC Materials.
Remote testing restrictions
Remote testing of adolescents and children aged 13 years and younger is prohibited. Assessment instruments may be administered to adolescents and children aged 13 years and younger only within your physical presence or that of another Qualified User in the Organization.
Privacy and security
You are solely and exclusively responsible for implementing and communicating reasonable and appropriate privacy policies with respect to your account.
You acknowledge and agree that you are solely and exclusively responsible for implementing and applying reasonable safeguards to protect the security of your Account, including maintaining the privacy of your password ("Password") and not sharing it with others and modifying or requesting modification of your Password when necessary; for example, if an authorized user leaves your employ or Organization. TNC does not have access to Passwords, and, if you lose or forget your Password, you will have to create a new unique Password.
You are responsible for all activities under your Account, and you accept all risks for any unauthorized use of the Account. You agree to notify TNC immediately if you suspect that a Password or an Account has been compromised or breached to enable TNC in its discretion to investigate the circumstances and take such further action as required by law or as TNC in its discretion deems appropriate.
Data retention and backup
Data will be retained by TNC in accordance with applicable laws and regulations.
Prohibited uses
You agree to comply with all applicable laws governing your use of TNC Materials, including the TNC platform and any products or services provided by or made available through TNC, and not to use any TNC Materials for unlawful purposes.
You agree not to access or attempt to access the TNC Materials other than through the uniform resource locator ("URL") supplied by TNC and not to access any API providing access to the TNC Materials except where such API access has been explicitly granted by TNC and subject to the interface specifications supplied by TNC.
You agree not to use any device, software, or routine to interfere or attempt to interfere with the proper working of TNC or any activity being conducted on TNC or take any actions that otherwise may cause damage to TNC.
Indemnity obligation
You agree to indemnify, protect, save, and hold harmless TNC and its officers, directors, employees, agents, representatives, and contractors (collectively, "TNC Indemnitees") from and against any loss, injury, damage, or expense (including, but not limited to, reasonable attorneys' fees) that arises out of or is related in any way to your use of TNC or the use of TNC under your Account by any employee or other individual under your control and/or supervision, including any such use in violation of these Terms, and including claims by third parties.
Proprietary rights
The TNC platform and its content (including, but not limited to, all site design; text; data; interfaces; logos; button icons; legends; images; photographs; music; audio and/or video clips; titles; page headers; graphics; software; and the selection, arrangement, coordination, enhancement, and presentation of said elements) is the proprietary property of TNC or its licensors or suppliers and is protected as to copyrights, trade dress, trademarks, and/or other intellectual property under United States law, or foreign law, or both.
Reservation of rights
Except for the limited License described above, you do not acquire any right, title, or interest in or to any intellectual property in TNC or any assessment tools, information or other content contained within or available on or through TNC. All rights not expressly granted to you by these Terms are reserved by TNC. Any access or use of TNC except as expressly granted by these Terms is prohibited and may result in legal action.
Electronic medical records
Electronic medical record (EMR)/electronic health record (EHR) technology and digital storage of records is increasingly used in health care practice. TNC's policy with respect to the inclusion of such items within an EMR/EHR, or in an electronic storage format, is the following.
Each TNC Customer or Qualified User who uses a digital storage method is charged with applying and employing the same safeguards that one would use with sensitive paper files and ensuring that additional security measures are in place to protect electronically stored records to reduce the threat of unauthorized access.
Modification or termination
TNC reserves the right, in its sole and absolute discretion at any time and without notice, (a) to suspend or terminate access to TNC or any Accounts or registrations for any or no reason and (b) to modify (in whole or in part) TNC, any products or services provided or available on TNC, and their respective features and functionality. TNC will not be liable to you or any third party for any modification, suspension, or termination of access to TNC or other TNC Materials or for loss of related information or other content.
Limitations on liability
You use TNC at your own risk. TNC is provided "as is," "with all faults," and without warranty of any kind. Except and to the extent required by law, TNC does not represent, warrant, or guarantee that (a) any TNC Materials or any content available on or through TNC will be reliable, available, timely, error-free, uninterrupted, accurate, complete, or suitable for any purpose or otherwise meet your requirements or expectations and (b) that any defects or errors will be corrected even if TNC is aware of them.
Without limiting the generality of the foregoing and to the maximum extent permitted by law, TNC disclaims all warranties relating to any TNC Materials, whether express or implied, arising under statute, common law, custom, course of dealing, course of performance, usage of trade, or otherwise. This disclaimer includes, without limitation, all warranties and conditions of merchantability, merchantable quality, fitness for a particular purpose, title, lack of viruses and non-infringement.